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coa.lu.ec.Gordon-Lot-Split.1985
t°�%5 O'D Gordon Lot Split -- 1_ L. : 1 = 40, — On —FE� �N C I, ,c W� lb4 I I It I 55 50' W I � E I I i I I I I i I I Iz - IQ 1 /S LC 1� 1� / I 1, w c 0 11 I r -7- -A Lo- G T I �0�0�1 Su8v1�/I��I oil ! Co 110 �0.0 u�iTs P u. p 1,07 .75 2., Too Cv Gal. ;I 15, S Z-7 ; 17 5 12 Gai 19, 0715 Glard, 55�°1 7Co + 5 5 ,97C, t, j .75 �1 4, 1 zq 5 1,500 joo�10.1 4 u�j 1 rs > 11.(�� uN1Ts NaTE.: 3•�PS UNDER yJP`TEK- EXCI.t.,{D�pTn DETC�.�iti'� L.o-r 7 - O' �>✓ 5c, 1 oo o ~ l..I .,U 17. L NOT 5ET LOT I Z I 1\ LOT 11 \ GALDERWCbD :JUCiCZ O 10, 20' 40' 120, 1 !L_E, f"-401 15^515 OF BEARINGS: U.5.C.4 05. MAP PRF-P/RVV 13Y ALPINE ekXVEYS BOX 1730 AbpffN, COLD. F NOTICE: According to Colorado law you must commence any legal action based upon any defect in thissurvey within six years after you first discover such defect. In no event, may any action based upon any defect in this survey be commenced more rnon ten years from the date of the certification shown hereon. UNPLA I'Tf=D 5 59' a5' E POUND - s� 75FLA 16821' I15.1T \ \61 �E UNPLAT TEU FrJr ->ET LINE 1 tl I I I I WATER LINE I WIDE AGGE55 S UTILITY EA151=MI=NT RE.COROED- 5COr- PAGE )C�5 (AGCE� I TO LOT 1 ONLY ). 175 751 1-� PD'.NER�LINE to I� I L LOT 1, --:815 AC I E5 q I L o L LJ_ J �\l 33'0511 W 2?6 I uT £ \ LOT 14 RIVERSIDE SUED. �v F o \ N LOT Irl LU � \ 7 RCCiAR V(/ PLA. GAP (L.S. 9184 ) I �-p z �a I 1 3f� 3i 3i -- w 1 u I I JZ u1 0 1 WW _ ryy� I W K _ �J I LOT 17 ,, _ I I I ; I �`t `— °�F'1 'F'OX I M•`�TL FIRE. . I PRfO��OF�e✓ �/ SET 4E W/PLA. CAP (L-5,91e4) 5 -20* 37'00"W ` 51F\ W/ PLA. CAP (L5. 9(84) \ a� \\ %\ S q4 o WEST F : cz=MAR W/PLA CAP (L.S. `t184) \\ 1 \ LOT b C.ALLALIAN 51-InDIViSI0N \ \ .ACCESS e UTILITY EASEMENT 1 I \ RECORDED (300K 61Cc PAGE 9Cal 't 1 \ iACCE55 LOT 2 ONLY) 1 -m„�t.r\T-AEU NOTE: AN AOVITIONAL WATER LINE EASEMENT ALONG THE EA5T AND PART OF THE NORTH C70UNDARY WILL CBE DEDICATED AFTER THE CONSTRUCTION OF THE LINE AND AN AS -WILT SURVEY I5 COMPLETED. CORDON LOT SPLIT CITY OF ASPEN EN SUBDEVESNON (" PIPROVAL & ACCEPTANCE TH15 PLAT OF THE GORDON LOT SPLIT WA5 APPROVED AND THE GRANT OP THE PUDLIC UTIL- ITY EASEMENT AND TRAIL EASEMENT WAS ACCEPTED 5Y THE CITY COUNCIL OF THE CITY OF ASPEN THI5 DAY OF ........ .......... , 1983 MAYOR ........................................................................ KATHRYN 5KOCH CITY CLEJZK cCHTY ENG:1vE1EIF�,] APPR07A!—. THI5 PLAT OF THE GORDON LOT SPLIT WAS APPROVED 13Y THE CITY ENGINEER, CITY OF ASPEt�f o-r^T1✓ OF GOLOK-VO-, THJ5:�............... I2AY OF .......................... 1183. ........................................................................ LAVE ELL15 CITY ENGINEER IPLANNNNcG ZONING ®1J S110N APPROVAL THI5 PLAT OF THE GORDON LOT SPLIT WAS APPROVED 13Y THE CITY OF A51PEN PLANNING AND ZONING COMM155ION THIS ............... DAY OF.......................... 1983. CHAIRMAN PARKS" 9 APPROVAL PROVA L THIS PLAT OF THE GORC)ON L07 SPLIT WA5 APPROVED 13Y THE DEPARTMENT OF PARKS, CITY OF ASPEN, TH15.._.......... DAY OF ..................................... )963 ........................................................................ DIRECTOR CLERK RECORDER'S ACCEPTANCE THIS PLAT OF THE GORDON LOT SPLIT 15 ACCEPTED FOP, FILING IN THE OFFICE OF THE CLERK P, RECORDER OF PITKIN COUNTY, COL.O., AT .............O'CLCCIK .......... M. Ttlli5 ........17A-f OF............................ 1983, IN PLAT L3GY)K.......... AT PA.GE.................. AND THE. SUT�iJIV1310N AGREEMENT 12tCORDED IN 130OK.............. AT PAGE PITKIN COUNTY CLERK b RECORDE.R CCIERTE F E CAT E OF rITH T ALE I, RONALD M. YOUNG, 19t VICE PRE5IDENT 5TEW^R7 TITLE. OF f--)PEN, ING•, A LICENi�EO "TITLE IN5URANCE. COMPA-iY IN THE 5TA-TE OF COLORP.170, M HER.E3Y CERTIFY THAT THE RECORDS OF PITKIN COUNTY SHOW ALL OF THE PROPERTY SHOWN HEREON AS "GORDON LOT 75PLIT n )5 OWNED, FREE AND CLEP,R. OF ALL LIENS AND ENCUMBRANCES, AND IN FEE SIMPLE/ 13Y 5HELDON M. GORPON, ................................................................... F- LD M. YOUNG 15t VICE PR.E5(DENT STEWART TITLE C!F ASPEN, INC. n7ATE OF COLOR.ADO) 59 COUNTY OF PITKIN ) THE FOREGOING -TITLE CERTIFICATE WAS ACIV IOW - LEDGED BEFORE ME -THIS .............. DAY CF................................. )-183, 13Y RONAL_D M. YOUNe. WI7NE55 MY r7AN1? AND OFFICIAL SEAL, MY COMM15r✓I01-1 FWPIRF'S:............................__................................. ......................................................... NOTAT2Y PUC�LIG PROPERTY D ESCCRI PTHON A PARCEL OF LAND DEING PART OF RIVERSIDE PLACOZ M.5. .5905 A.M. AND TRACT e ASPEN TOWN5ITE AD- 171710N, 5ECTION 15, TOWN5HIP (O 5OU7H, RANGE 84 WE5T OF THE (nth PRINCIPAL MERIDIAN DE5CRI0>I=D A5 FOLLOWO: 13COINNING AT A POINT WHENCE CO12NEi . "9" OF THE RIVER510E PLACER M.S. 3905 A. M. (A 5AN057ONE. KOCK CORNER IN PLACE) f3EAR5 501+'C>I'CO"W 109(v45; THENCE 5 Zl'41' OO" E 131. 20' , THENCE 5 08' 30'00" W I1530'j THENCE 5 39'37'00" W 21.85', THENCE. 5 41' I I' 00' E 152.GO', THENCE WEST 1°14.52' TO LINE 5-9 RI VER51 DE PLACER M. 5. 3905 A.M. , THENCE 5OUTH 450.001 ALON& 5AID LINE 0-1f TO THE CEN- TER OF THE ROARING FORK RIVER THENCE NORTf-1- ERLY ALONG THE CENTER OF THY RcXNG FORK RIVER, 3EING THE APPROXIMATE CENTERLINE COUR5- E5 AS FOLLOW,`): N 3," -55' 0O" W 135.0', N OI' 40100"E 156P.O', H 23'15'C0I'W 222.0'j N 15`35'CO E 204.0', N 19'48' C0' W I7550' TO A POINT ON THE, NORTH LINE OF THE PROPERTY DE5CR115ED IN DEED IZECORD- ED APRIL Z3, 1974 IN POCK 28Co AT 1-^GF- 40Xo; THENCE ALONG 5AI D HORTH LINE 5 89' 35' OO1 E iG8-21' i 587'42'Co"E 740.&0' TO THE TRUE POINT OF 13E.6INNING, CONTAINING 3.O0& ACVE:J 3 I, ,.JAME5 F RE5ER, A REGISTERED COLORAM 5URVEY- OR (REG15TRATION NO 9104), HERE&Y CERTIFY A5 FOLLOWS : ON .JlJNE....HJR,...... I979 . A 5URVEY WA5 MADE UNDER MY DIRECTION AND SUPERVI5ICN Cf• -THE f1T30VE: DE50Z,15ED REAL PROPERTY IN ACCORDANCE WITH COLORADO REVISED 1TATUTES 1973, -TITLE 30, ARTICLE 51; AND THAT 7Hi3 MAP ^CCURATELY AN[7 5UE55TANTIALLY DEPICT5 SAID 5LJRVEY. .................... ........... -.................... JAME5 F. RE5ER. L. 5. 9104 ALPINE, 5UR VEY5 5TATE OF COLORADO ) COUNTY OF PITK!N ) SS THE FOREGOING 5URVEYOR'6 CERTIFICATE WA5 AGK- NOWLEfX�ED L' FORF ME T1-115............ 1QAY OF ............................. 19 83 by LJAMES F IZE5ER . W'ITNE55 MY HAND AND OFFICIAL SEAL; MY COMM 15510N EXPI!2E5 :............. ................. ... .......................................... ............................ _................ ..... NOTARY PUOLIC OWNER'S CCIER°I H F RCCAT E & STATEMENT ENT OTP S UMMSEON 6HELP0NM.G0RpON,A5 OWNEIZ OF THAT VEAL PROPETZ•TY AS DESCRIE�ED t1EKEON, i t7£5 HEREBY .50WIVIDE. 5AI V REAL PIZOPERTY INTO LOTS 1 y 2 , TO BE KNOWN A5 THE GOROON LOT SPLIT ) AND VOES HERESY G12ANT TO THE PULSLIC UTILITIES THE UTILITY EASEMENTS A5 5H0WN HEREON; AND WES HERELiY AGREE TO GRANT 70 THE CITY OF ASPEN FOR PU5LIC TRAIL PURPOSES THE PU51-iC TRAIL EASEMENT AS 5HOWN AND NOTED HEREON. THI5 C:) ANT OF TRAIL EASEMENT SHALL 15E FOR NON - MOTORIZED USES ONLY EXCEPT FOR MOTORIZED CCNN57TRUCTION AND MAINTENANCE VEH ICHE5. - --.......... .._........................ 5HELDON M. C�OIZDON STATEOF ............................. COUNTY OF ...................................) THIS PLAT OF THE GORDON LOT SPLIT WAS ACKNOWLElX7E.D 13EFOF<E ME. TH15 ............. PAY CP................................ IOY SHELPON M. GORDON. WITNE55 MY "t-V AND OFFICIAL 5EAL-y MY COMM1:,510N EXp1RE5:.... ............................ ................................. _............................................._.........-----......._ NOTARY PU13LIC RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION RECOMMENDING CONCEPTUAL SUBDIVISION/PUD APPROVAL FOR THE AGATE COURT PROJECT AS AMENDED BY CITY COUNCIL APPROVAL ON 8-12- 85 Resolution No. 85-10 WHEREAS, C. M. (Butch) Clark (hereinafter "Applicant") is the owner of record of Block 17, City and Townsite of Aspen, commonly known as "The Agate"; and WHEREAS, the Applicant has requested conceptual subdivision/PUD approval to reconstruct the existing dwelling units on the site as six single-family residences and two duplexes; and WHEREAS, the Applicant has requested a traditional form of subdivision along original townsite lots, rather than using a clus- tered design typically associated with a PUD, and also is not request- ing variations from the zoning requirements of the R-6 zone district; and WHEREAS, the Planning Commission supports the efforts of the Applicant to upgrade this site, which is at the entrance to Aspen; and WHEREAS, the Planning Commission is concerned that the Applicant has n_ot used the flexibility offered by the PUD overlay and that therefore the Applicant has been unwilling to provide an adequate buffer between the new units and the highway, and also has not avoided all of the large trees on the site with the proposed house locations. NOW, THEREFORE, BE IT RESOLVED by the Planning and Zoning Commission of the City of Aspen, Colorado that it does hereby recom- mend that the Aspen City Council grant conceptual subdivision/PUD approval to the Agate Court project, subject to the following con- ditions: 1. The Applicant shall provide a landscape plan meeting the requirements of Sections 24-8.9 and 20-12 of the Code. Included within said plan shall be a design which shall significantly increase the landscape buffer along 7th Street so as to provide relief from the noise of traffic for the residents and so as to better screen the view of the units from the highway. The applicant shall entirely move the duplexes off Lots A and R, and may request setback variances to accomplish the intent of no development on the highway side, but a total of ten units being approved on the site. 2. The Applicant shall relocate any structure which would have required the removal of a tree which cannot be replanted and demonstrate that all trees considered significant by the Parks Director are retained in place or shall be relocated on the site. The applicant shall show building footprints for all ten units at the preliminary plat stage. 3. The Applicant shall provide for alley access for all ten units within the project and alley access for trash removal, and the project shall have no curb cuts on either Hallam or Bleeker Streets. However, flexibility shall be given in the review of driveways and footprint locations at the pre- Resolution No. 85-10 Page 2 liminary plat stage if it can be demonstrated that said flexibility is the only way to retain the most important trees on the site. 4. The Applicant shall contact the Fire Department to determine the necessity of keeping the alley open onto 7th Street. If the department indicates in writing that the alley must be kept open, then the Applicant shall agree to place a no left turn sign at the exit to 7th Street. In the absence of such a written statement, the Applicant shall alter the design to show no exit or entrance for cars along 7th Street, a properly designed turn around at the end of the cul-d-sac, and a continuous landscaped berm in this loca- tion. 5. The Applicant shall revise the design of the "auto courts" such that the driveways are narrowed to approximately 26', in accord with the recommendations of the Engineering Department, but shall also insure that the alley continues to provide adequate area for service vehicle access. 6. The Applicant shall provide details on the internal makeup of the two duplexes so as to insure that one parking space is provided for each bedroom within the project. 7. The Applicants shall provide a bus stop at the corner of Seventh and Bleeker meeting the specifications of RFTA, and shall provide a sidewalk for the length of Seventh Street. 8. The applicant shall demonstrate compliance with Section 20- 22 for any units which are to be condominiumized, or shall simply not condominiumize any unit for a period of 18 months after its occupancy. 9. The Applicant shall underground all utilities within the proj ect. However, the applicant shall receive credit f or said undergrounding if it proceeds ahead of the Citywide undergrounding project or shall be relieved of this require- ment if the City project proceeds ahead of this development. 10. The Applicant shall meet the setback and height limitations of the City Code as indicated by Bill Drueding in his review of this project. 11. The Applicant shall meet the conditions for water service outlined by Jim Markalunas in his letter to Douglas Allen dated December 17, 1984. 12. The Applicant shall submit a preliminary plan within six months of the date of conceptual approval by Council, as required by Section 24-8.9 of the Code or this conceptual approval shall expire. APPROVED by the Aspen Planning and Zoning Commission at their regular meeting on June 4, 1985. ATTEST: Kim Wilhoit, Deputy City Clerk ASPEN PLANNING AND ZONING COMMISSION By Perry Harvey, Chairman AR.2 E ASPEWPITKIN PLANNING OFFICE 130 South Galena Street Aspen, Colorado 81611 (303) 925-2020 LAND USE APPLICATION FEES City 00113 - 63721 47331 52100 GMP/CONCEPTUAL 63722 47332 - 52100 GMP/PRELIMINARY 63723 47333 52100 GMP/FINAL 63724 • 47341 - 52100 SUB/CONCEPTUAL 63725 - 47342 52100 SUB/PRELIMINARY 63726 47343 52100 SUB/FINAL 63727 - 47350 52100 EXCEPT/EXEMPTION 63728 47350 52100 REZONING _ 63729 • 47360 52100 SPECIAL REVIEW SUB -TOTAL County 00113 63711 - 47331 - 52200 GMP/GENERAL 63712 47332 52200 GMP/DETAILED 63713 47333 52200 GMP/FINAL 63714 47341 - 52200 SUB/GENERAL 63715 47342 52200 SUB/DETAILED 63716 47343 52200 SUB/FINAL 63717 - 47350 52200 SPECIAL REVIEW 63718 47350 52200 REZONING 63719 47360 52200 SPECIAL APPROVAL SUB -TOTAL PLANNING OFFICE SALES 00113 - 63061 - 09000 52200 COUNTY CODE 63063 09000 52200 ALMANAC 63062 09000 00000 GMP 63066 09000 00000 COPY FEES 63069 09000 OTHER SUB -TOTAL _ TOTAL -- Name: �i f � i_�_ ICI Phone: Address: `'I C t ;n : i FCC 1` i . Project: (J i Check No. z_f/,j Date: 1 Additional Billing: No. of Hours: T AN i'AATH are ;hi =;cT- - and plar�r-ing p.o. box 1984 asr)en, color�ido 81612 June 28,.1983 Planning & Zoning Department City of Aspen 130 South Galena Aspen, CO 81611 Attention Collette Penne Re: Gordon Lot Split Dear Collette: This letter together with six (6) copies of the final map titled "Gordon Lot Split" and a check payable to the City of Aspen for $465.00 will constitute an application for exemption from Subdivision regulations within the City of Aspen. The existing lot is 3.087 acres, zoned R-15 (PUD) with one existing single family dwelling unit. Under_ this application, the 3.087 acres will be split into Lot 1, having .815 acres and the existing dwelling unit, and Lot 2, having 2.272 acres. My client is prepared to dedicate a public trail easement to the City of Aspen as described on the final map enclosed. The Planning and Zoning Commission previously approved this trail alignment approximately 4 years ago. This request for exemption is made under Section 20-19 of the Aspen, Colorado, Subdivision Regulations, for exemption from the definition of the term "subdivision" and under Section 24-11.2(d) for Growth Management exemption. It is my understanding that the reveiw process and approval of this exemption will be handled under Ordinance 16, series of 1983. If you require any additional information, please contact me. Regards V. St n Mathis SM:cck cc: Lennie Oates Sheldon Gordon Tam Scott Bob Stardowe MEMORANDUM TO: 4ity Attorney City Engineer PLANNER: Richard Grice RE: Gordon Lot Split DATE: June 29, 1983 Attached you will find a letter of application for subdivision exemption for a lot split on property consisting of 3.087 acres and zoned R-15 PUD. Please review the letter and attached plat and return your comments to the Planning Office by July 18. Thank you. M E M O R A N D U M TO: RON STOCK CITY ATTORNEY FROM: DAVE ELLIS _ —� CITY ENGINEER' DATE: FAruary 6, 1979 RE: /Gordon Subdivision Water Rights The tirSubdivision has received conceptual approval and is presgoing through the prelimin ry review stage. The prelim- inary p at review is tentatively eduled for the Planning and Zoning C ission at their re r meeting on February 20. In the conceptual pr as stated that the applicants are the owners of a one -ninth interest in the Riverside Ditch, Number 206, adjudicated for 3CFS. I feel it would be appropriate to refer this matter to Musick and Leavenworth for comment as to possible condi- tions of approval for future or present acquisition. Since the land is already within the City of Aspen, I do not believe we could require water rights in exchange for water service; however, it may be quite possible to negotiate some type of right -of -first - refusal or guaranteed purchase in the future. If you would like further information or comment from me, please advise. jk cc: Richard Grice`. 2 MEMORANDUM LATE: July 18, 1983 TO: Richard Grice, Planning FROM: Gary Es ary RE: Gordon Lot Split Subdivision "Exemption" Application 1. The application appears not to meet the requirements of Sec- tion 20-19(d), as amended, in that it is not verified and that it does not "specify in detail the reason such exemption or excep- tion, as the case niay be, is justified under the circumstances". 2. One necessary part of the verification lacking is the repre- sentation that the subject parcel has not been the subject of a previous lot split. The planning office has consistently inter- preted Section 24-11.2(d) to be a one -time -only GNIP exemption. However, because some questions have been raised as to the clarity of that section, an amendment specifying the one -tine nature of the amendment has been proposed and is being considered. 14ean- while, we have been asking applicants to acknowledge the one -time - only nature of the exemption on the record and including restric- tive language on the plat to give notice of the one -time -only and single-family residence restrictions. 3. Until the applicant makes his statement pursuant to Section 20-19(d), I can't form a complete opinion as to whether Ordinance 16 expedited review is appropriate. 4. Section 10-19(b) is not favored by this office because of possible future ambiguities arising From the operation of tfie "exemption from definition of subdivision" language. Some attor- neys have interpreted this section to mean that once exempted, the parcel is forever immune from subdivision regulation. This inter- pretation is clearly incorrect, but to avoid possible confronta- tions, we've looked for most applications to be processed under Section 2U-19(c), as amended. 5. Although out of my baliwick, I couldn't help but notice that the plat is ancient. I don't know what changes in standard plat 46 f Memorandum to Richard Grice July 18, 1983 Page Two lanquage or requirements have taken place .mince 1979. The plat also makes me wonder if there was an earlier application and what happened to it. 6. The Mandatory PUi) designation requires PUU review or a separ- ate finding by the P&Z that the development meets the proposed objectives of the PUD (Section 24-8.13). 'this factor also affects the suitability of this application for expedites; review. GSE/mc Reception Oto" itiU .......... ...... 'hil ie Harle ...............Recorder. THIS DEED, Afade this ,ZM day of between 1 78 RUBEN M. GINSBERG, TRUSTEE Texas of the County of and State of ttdtocjft. of the first part, and 1�001K. 350 m, 201 STATE D�ClruEu7�Zj FEE curt 2 , PAID SHELDON M. GORDON •„lp,. _ Century Park East Los Angeles, California / 1801 y 9 of the County of and State o�S`�AA�3{3b of the second part: al] Ort11a WITNESSETH, That the said party of the first part, for and in consideration of the sum of TEN DOLLARS AND OTHER VALUABLE CONSIDERATTFINS-------------- to the said part y of the first part in hand paid by the said part y of the second part, the receipt whereof is hereby confessed and acknowledged, ha s granted, bargained, sold and conveyed, and by these presents doe S grant, bargain, sell, convey and confirm, unto tho said party of the second part, heirs and assigns forever, all the following described lot or parcel of land, situate, lying and being in the County of Pitkin and State of Colorado, to-%vit.: An undivided one-half (1/2) interest to: A parcel of land being part of RIVERSIDE PLACER MS 3905 AM and Trac B Aspen Townsite Addition, Section 18 Township 10 South, Range 84 West of the Sixth Principal Meridian described as follows: Commencing at the center West corner of Lot 14, Block 1 RIVERSIDE SUBDIVISION, Book 2A, page 179, being 154.48 feet South 33*33' East from corner 8 of Riverside Placer MS 3905 AM (Corner 8/3905AM) (A 1954 Bureau of Land Management Brass Cap) thence North 87042' West 8.77 feet to a point whence Corner 9 of the Riverside Placer MS 3905 AM (a sandstone rock corner in place) bears South 04001' West 1096.45 feet and the true point of beginninc thence South 21141' East 131.20 feet; thence South 08030' West 115.30 feet; thence South 39137' West 21.85 feet; thence South 41011' East 152.60 feet; thence West 194.52 feet to line 8-9 Riverside Placer MS 3905 AM, thence South 458 feet along line 8-9 Riverside Placer to the center of the Roaring Fork River; thence Northerly along the center of the Roaring Fork River being the approximate centerline courses as follows: North 36*35' West 135 feet: North 01040' East 156 feet 11 North 23015" West 222 feet, North 15°35' East 204 feet, North119°48' West 177.44 Feet to a point on the North line of property described in Deed recorded April 23, 1974 in Book 286 at page 406; thence along said North line South 89°35' East 177.02 feet and South 87*42' East 76.60 feet to the True Point of Beginning. Together with an undivided one-half (1/2) interest in and to the RIVERSIDE DITCH No. 206, Priority No. 287 water rights and/or any other ditch and water rights which are appurtenant to the suhject land, without warranty. SUBJECT TO: Patent reservations of record, right of way for ditolies or''canals as provided in United States Patent recorded in Book 185 at page 69 of the records for Pitkin County, Colorado, 12 foot easement to Aspen Metropolitan Sanitation District recorded in Book 249 at page 596 of the records for Pitkin County, Colorado. TOGEIIIER Nvith all and singular the hereditaments and appurtenances thereto belonging, or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof; and all the e,t:nte, right, title, interest, claim and demand whatsoever of the said party of the first part, either in law or equity, of, in and to the above bargained premises, with the heref itaments and appurtenances. moo. dTi3 A'AR A\TITDFF.I)-For Photographic Record. It n,'f >d PAIi-hint ('o.. 74"/-Jr, Sti,ut St—t, Duriver, Colnrado 9•T1 'f0 HAVE AND 1*0 HOLD the said premises above bargained and described, with the appurtenances, unto the said part y of the second Bart, h j. S heirs and assigns forever. And the said party of the first part, S for himself h eirs, executors, and administrators, does covenant, grant, bargain and agree to and with the said part y of the second part, h i s heirs and assigns, that at the time of the ensealing and delivery of these presents he is well seized of the premises above conveyed, as of good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and ha S 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, takes, assessments and encumbrances of whatever kind or nature. soever., except 1978 real property taxes payable in 1979, r ?0A 50 � 2021 and the above bargained premises in the quiet and peaceable possession of the said party of the second part, his heirs aad assigns against all and every person or persons lawfully claiming or to claim the whole or any part thereof, the said part y of the first part shall and will WARRANT AND FOREVER DEFEND. IN WITNESS WHEREOF. the said part y of the first part has hereunto set hhand and seal the day and year first above written. / o l" / • i .�'/� Signed, scaled and Delive ed in the Presenoe of 1� :�::.. 1.. c.'.....� �'.........��...................................[SEAL] RUBEN M. GINSBERG, TRUSTEE 4-'tx _ g <</- ....................................._.............[SEAL] :".F�'................... /t.' 1.�.�-.............................. [SEAL "i' TEXAS STATE OF I&MMMM, county of Dallas :" " - ' `'�: ' �• The foregoing instrument was acknowledged before me this �iyti day of 19 78 , by Ruben M. Ginsberg, Trustee. ;.. ,;'��^• f i7w . bly commission expires , 19 . Witness my hand and official seil. Y. / ........rO...�1..%4...L `, 7� ` . !... N �+ fi ;, • h •�, m V07 LLJ LU y bo o Z O aCi ' U j WEn ,a z I w � 1 I� i • �~ Recorded 3:45 PM J0 26 1978 Reception # I)05 "*Julie ilane Recorder 016o AGREEMENT 1� THIS AGREEMENT made and -entered into this day of 4LA,5 ujr' , 1977, by and between JACK E. VAN HORN, JR. and JANE E. VAN HORN, hereinafter referred to as "Van Horns", and SHELDO NGORDON, hereinafter referred to as "Gordon". WHEREAS, Gordon is entering into a Receipt and Option Contract for the purchase of an undivided one-half interest in unimproved real property with Rueben M. Ginsberg, Trustee, and Van Horns presently own the other undivided one-half interest Ilk in said property, which property is described and set forth on `1 the attached Exhibit A, AND, WHEREAS, the parties hereto desire to set forth their general understanding as to the ultimate division or development of said property. NOW, THEREFORE, in consideration of the premises and mutual covenants herein set forth, it is agreed as follows: + 1. In the event Gordon becomes the owner of an undivided one-half interest of said property, the parties hereto agree to mutually cooperate in the subdivision or division of said property on an equal basis. 2. In the event the parties are unable to obtain subdivision approval or subdivision -exemption in accordance with their eventual agreement upon division of the property, Gordon shall have the right to obtain the first building permit from the City of Aspen on said property for a residence located on his portion of the property that shall be mutually agreed upon. 3. Prior to subdivision or subdivision exemption, the parties shall cooperate in obtaining and paying for public liability insurance covering said property. ReW ed 10:44 A.M. July 11,1978 •. to Banner Recorder Reception# :t L1351 205595 between Van IIorns and Sheldon M. EXHIBIT "A" to Agreement/dated Gordon August 27, 1977, Reception #205243 (Book 350, Page 450) A parcel of land being part of RIVERSIDE PLACER�MS 3905 AM and Tract B Aspen Townsite Addition, Section 18 Township 10 Range 84 West of the Sixth Principal Meridian described as follows: Commencing at the center West corner of Lot 14, Block 1 RIVERSIDE SUBDIVISION, Book 2A, page 179, being 154.48 feet South 33033' East from corner 8 of Riverside Placer MS 3905 AM (Corner 8/3905AM) (A 1954 Bureau of Land Management Brass Cap) Thence North 87042' West 8.77 feet to a point whence Corner 9 of the Riverside Placer MS 3905 AM (a sandstone rock corner in place) bears South 04*01' West 1096.45 feet and the true point of beginning; thence South 21041' East 131.20 feet; thence South 08030' West 115.30 feet; thence South 39037' West 21.85 feet; thence South 41011' East 152.60 feet; thence West 194.52 feet to line 8-9 Riverside Placer MS 3905 AM, thence South 458 feet along line 8-9 Riverside Placer to the center of the Roaring Fork River; thence Northerly along the center of the Roaring Fork River being the approximate centerline courses as follows: North 36*35' West 135 feet: North 01040' East 156 feet, North 23015" West 222 feet, North 15*35' East 204 feet, North 19048' West 177.44 Feet to a point on the North line of property described in Deed recorded April 23, 1974 in Book 286 at Page 406; thence along said North line South 89035' East 177.02 feet and South 87042' East 76.60 feet to the True Point of Beginning. Together with an undivided one-half (1/2) interest in and to the RIVERSIDE DITCH No. 206, Priority No. 237 water rights and/or any other ditch and water rights which are appurtenant to the subject land, without warranty. •�+� i ter r I i'w S' '4irn "ql Hk no, d •At 3:20 1'nj September 2.3, 11470 RUception no ane. Mcorder i GRANT UP rAST:f1r.NT a aix 3M', Act. t GOLDSAMT (herein "Grantor"), being the owner In fee simp)n of f-he real propper ty known as the Callahan Still- diviGi-n recorded in Plat Boo),. 5 at page 8 of the records for Pitkin County, Colorado, except Lots 11, 12, 12A, and 16 of said burjp �ivision, ai.d except AV that as to Lots 13 and 13A his ownership 16 rs a tenant in common, for and in consi deration of Ten Dollars �$10-00) in hand paid and other good and valuable considerations, the adequacy and receipt of which are hereby acknowledged, doo,n fi her by remise, release, sell, assign and convoy unto JACK F. VAH' }TORN, E. VAN HORN, their heirs and assign forever, and REUDEN M. GINSBERG, Trustee, and any sue cesnor Trustee, (hereinafter "Grantees") , their heirs and assigns forever, a T non-exclusive perpetual OAnement for in- resn z:nC �-qrcar. an, underground utilities only, over, acre�,ss, in, throu7h and undLf v Oa a trip of land 30,fe6t in width across n pr,.-t inn of Lot 9 7 And :'- Icxccpt wh.re theit ; Exhibit A hereto inoicates � a greter width on the north property line of Lot A) Callahan .14 1 subdivision,- Pf.tkin County, Colorado, more particularly defined and described in the attached Exhibit A, and by this refnrencc being made a part hereof, for use and benefit of the prop-rty deecriL-ed in Fxh1h.1,t_Z Grantor further conveys to Grantees a perpetual non- e -u. o.; oxcl us ivqp &aasmanf- f^r LAICL :r P FIon of OX the Crystal Lake Road which ;s shaded in black on thn L?,t--'attiched.'Rxhibit A. .4s.,804 Basement for ingress and egress and undci jround Aar—ij �4% utilities, as to Lots 7 and 0 of Callahan Subdivision dhAll be .,11"ted, in the'following matknert sexmnt *hall be Utilized only to orovidn rqssj'"d Tess.to eiqh6. single family dwellings used as '"•f0i"utili'Liesto servico said dwellings. r&Ate**,,.,their.hsira And assigns, may construct no 2A`2 oot"'Wide,strIp-of paving (and *hall construct - + 4r ZA 7 S°t° �I'9riN" Yet•. �_ 5M �Eiz +s : ,• yn;K,3 t� ' �7a,'a:ttrit����%i••.• lesser width if ermirterl IrY cityr/j`(�U� �; r��:� fry?•:+. f ^j y P the 'T���:•t:-Orand .env rnritus it r'� �4t-,+.:: •.r� w� provided that such radius mutt lie within r1 ., ths� 30 foot easeml-'u, „_,sin ,ranted as required by the City o; •1►Bpon =ui the o `' ,�,Y••t J- . t. purpose f turning f: our Crystal I,ikc Road ti:M�T�,r>•� R onto said g±!!!+iwnt. The pavir,y shall not be of n solid asphalt or "�•F mpermeable surface , �,•�'•::i, but si.all L,. :arch that. the surfacing r.hall 11 j,;,tn^.allow rates and vegetation to permeate within said n,viny; I ... . {_j` •.' Tr4r provided, however, the type of l ,rmcable surface selected 1.:• 'u* +,r;w••:::r,�Grantee3 atuat be e Pp roved by the Grantor f•rovidr:d that sur:h approval shall not he unreasonably withellt. I i the part.ie:4 cannot ogre e y �;:Ia;:,� j< i. upon the type of surfacing, err, J. 9 the m.ittor r.hall bn ct_mittcd Lv '�' �rc,.i�?„;,;✓'Fredric a Ue,redic• ,.. ..-h;�- i� _c:,ivci•rion shall. hr: binding. i'Further provided that if the City door not r.ccept such sar.acc, :'.•:`'+.the parties shall iCcatinue to selrc+ othn,• surfaces in the sarr,c until the City of Aspen has accepted such nu: -face. �: , '• 5.t.Y`+; �: ,'�y. 3. Grantees, their heirs and assigns, shell maintain K:t , A:..;,. said right-of-way between Lots 7 and 8, including replaceru'nt .:..4.. err.. of any vegetation or trees destro=•,_d in constructing, ntainteln;ng :Z D ;or altering said road and utilities, repair of ar.d unow removal +..from said right-of-way. i.' .,.. 4. All'utilities placed in sai•l „y tno Grantees, and any tap3 and hook-ups fog electricity, ran and water ,.; •_� located within said Subdivision, shall be built, constructed, 'and maintained at Grantees' cost In a manner so as to 1nn.!)t 77tr ..`.tv .....Interfere with t1=_ -1 `IM eni❑ Juoaivlslon during Y. . - .. ;hsir installation, maintenance and alteratiun. ;� _;;'.''�.'•, ' " S. Imanodistely upon cotnplucion of construction ,f the N a�"T�.paved right-of-way and utilities and after any maintenance or any :,,•�, t: �M:;1,r►.:4alteratien thereof, Grantees, their heirs and assigns, shall w ryfrr�;;;'reeWra'ths* real property located within tho said Easement to ire ty substantially the original,condition existing at the time much � i%,. oastruction, maintenance or alteration Was commenced. Grantees �' •;berm inda=ify Grantor,agAinst any damages oausod by con3truc- t�5►t, �.rInt`sa c*;� or; alteration of said Easement or from'its ' •�;`��u�°'•�.' .Y.`"�jl ': t^••, :` i . �..1y*r. •. ,-: '•t':;� h �',� i�l.,'., , .! �ltxQs t as quthorisedltserein.. 11y`' � �.1_ `9� I�'� r�r eriti a �"fit,. • �• ! I::���J•i�,: fin. f y 1 "j;• ' � 1 ;j .. `'. {{ t � tip 1 .,L�'.+ t r:T (�. , v-�.._. •n • •'r. ,. 1 'r. " � ,, A �� '� %�"�i4. `, .(.'a17 G7'i'y#/; i k,,•�'P4 ;ij � r . � .. 1 wr • 'ft •; - ,� `�il%�{N �.' d �.�+�,.�.•�'0, k..Y� ';'}�r,�'l �• Ji •,�� i% r l l �'•'i)t r.,,'.. �.. trMl lt/H .w�.rr••b'r:war••r. •.IO�ww�'w.rraY N....•rIMM'+ .40 'i 1 r •^C � � � t: ' f1♦ ,t i,•i. r� NCI ' DTI - .t 1 1 :i •. - 1.,.: i,_r•x�:�-.,�L..tr„i.,_-++Sr:'T.ir.. ^_�,. .... ..........�••,+-.r+�..v.•w�•w.•.e+-•.-.-,►•..�..�w•.�w.•rM•w••�•w1+w+•7"M, "�,.w"'•' ,•q,.•w..F-w••,YI'„'�Tr"CI•!Y";'�'T �. �r!T'Ri 4 niry r. %7- JIG ML(If'L) W T i,.'GrnntorY- hf • heirs,'succecsora a n d nR9igne shell Jed tca.uae nAid paved strip and turning radius to the rvVit7" t'.1ying-within th:! 7n!lzhan Subdivision and t:; connect drivrwayn servicing Lots 7 and 0 Of such !;"Wivirlon. '4 .,',If Grantees fail to construct the 22 frr)L wide strip a ng.by,September 1, 1979, such failure shall cause a :;�,y;t Iflap.ne of'this Easement, unless Grantor has caun(:d undue delay 4V in granting his approval as rc!(:-iIr0-d in Paragraph 2 above. TO HAVE AND TO IIOLD the sama, together with all and singular appurtenances and privileges thercunto belongir-9 A" in an,--.;f ae therounto appertaining to th- use, h—enef i t and V. - behalf of t-sp Gr�.,ccen, t;-.,,iir iluccenuors and an-11junn fore,- r. Executed and delivered this 20 day of Sept.viii1inr 976. GRANTOR: P, P.013ER,r s.OLDSIUrf G by Andrew V. Hecht, hi„ attorney -in -fact NI ACCEPTED AND PL)PROVED j' GMJTZE:S RN J.R. .VM UORN S E ru -00 Y11 1; `f?7r���L�t� � � ~°�}a,L'.Y-vt~,.^i;Y �•• •t i`.. •a'y � �, �.)„,•, N Cw'�if'1.:��:,r';+(';� �'.1:''. i :'. ���'. •': ' `�bG� J��) i; it i�i:�t .;'•itt(Qy..:r:, COMM OF PITKIt: i a The foregoing instrument uma eck.n,_:-Ind,c1 bcfcrc me °{•this 20 day of Snptember , 1^.76, by P.OBCRT S. GOMSAFIT, by Ancirr•w V. ,, G4 Aech is' attornuy-_-I'Z t. f% '-RcZs -My hand alld official bt.11. i"t �••• Ii commission expires: , ay Co:,, ' r ....a r..;' ..P,ne 4, 19: d J' '' :i U 1.1`' COI;tITY Off' Ptr' Iv :he foreguing instrument was acknowlc0yc:•_1 • this �ti day of S�pTE�+/t3L%�. 1976 by JACK E. VT:7 }'Cn":. J1{. Vitnass my hand and official seal. 19 7 7 �.:.., . Vy coruninsion expires: ' 1 (,Notary Public STATE OF CZ> f.. �`c' • �. ► COUNTY . OP , -TKI /V Thha foregoinQ instrument wait acknowledaod uaroL a me. ' thls' ' 1a' O! S_ �G�i 1976 by JANE E. VAN HUM }'.� *,••�,' •k.', :'it.nets my hand and of: !sift seal. .. •... �•;r,r;,•�r". ".:",..:my commission expizesr (/�� � z� �977 `' y Ilk —ht`t••e,/Ayer , S•.gij '!rw« ` : Notary Pub c �'�tM-•t Jf;•f1t .,�; 1t r.,�;c,r '� 'r. i.. VIN .4-s �' ) Op t goii�q inst uMnt vaa. acknexleey4d before sio <<Y 1I,1 REtMEx M.., GIHSDZnG, Trustee- .. �� T• ht i , ti. ♦ry a y,I ry� �'1' and. official� soal...c t. y r:��r/-0R�e�e]['.c�''�1' •.t: 1b�bJ.'3u�5.'8:•.. •e,..4,�:`. �i��iC:::�%'�:.�.1 :'.•� r .. •i'�!' �l • i. r r � ..' G. t �l. •`eVyl•F1 n� 'Yrlt � .. .� let r „, � �Z l T r f• • �. ' a �. rr 1,Nt t ii 'h•�•/�; h � y `q •.; i � . . I•rry.•WrTK/' a EXHITITT "A" T 2 Z7, .A� I t .4 Np rx A;),4 Qmu 13 .. f- ..a ol V fj jai • A '4 A. MTV ftom-w" I • I I I `G *A.J1 d? cc 7 4 + , w'z 6 4;w V "r "T el' FVH T 1-4 VV M pj.,%cr and Tract RIV, A parcel of land beirZ, part of 11% R MS 3905 N f the Sixth IS Township 10 SouL*jj, Range 84 Wcfit c' te Addition, section To%msi Principal Meridian described as f011o4s: IL Lot 14, Block I RIVERS11)r the center WesZ corner of at from corner 13 Commenting at 154.48 feet south 32*33' Es of N.1•,ersiGe 2A. page 179. being (A 1954 Bureau Of Land yara;;cment Book A Placer HS 3905 AK (Corner 8/3905& 9 ----orner Cap) t wjjgL bears South 04'01' VOGL thence- North 87*42' West 8.77 fel-E to a ?rj' s. (a &ftd&tor.Q rock corner in plsecQ Placer :t-- j jj A). point of beginning; 1096.45 feet and that 21,41,131.20 feat; theoce South thence South 08*30' WIM01r, 11.30 t I%, thence 5 ; Outh 39*37' west 215-85 fe0t; I *,I, East 152.60 f96t; South A .1 -9 F-!V d. Placer Hr. 3905 Lila 94 . Sk feet LU 11 a 3 ids Placer to the canter of .. .... therricit, west 1458 fast Ilona line 8-9 Rivers -,:. '. , Itcillig 010 approximALO thence, South York ItiVor York Rlv%!r: lwo�tloj:jy Elosis LIIV touter of tl'o IW#LrIIIK West t. A^ Loll AIL -I- t 135 feet: North 01'"7 West 17744 feet to April 23, 204 feet. K—�h 19*48' ...North 36635' W recorded 15*35' Dkst described ja Deed 1 222 febAkto worth in& Oj proportl tt V- -, Vo nt on tha North 1 406; and south 87*1,2' fil in Dook 286 at "I'S' 974 eg*35' 177.02 feet said V31-th line $Ou'- ginning, to the True Poirt of Be t 70.60 t of COIOC&dO- ty of TLtkiAls Staco ,.mot -Q 11-7 A, It A d�r�A'y' �-�k; r � s • r � .b�' ,• r �' °11' ��y}yS } :'s,�t • tie: • . ,. � _ , t - A A., 4 r� 1 -nr ;•', !•^ ^ !� '1•i' y• ..f.` y^ �• Jul.lc Il;mc, R,•,•nr.l:r' if:'a)s�fu�acs�tioa•lIo t'..� •.i17�%1��) Sell . 21,1976 ::r !w;< �' n:• •; ice, , GRAM OF F.ASI:'ll" 1T KNOB' ALL HEN 11Y TIIC: C PRE!;1'i3'rS, that. JACK E. VA;1 IIOR'I, JR. , .., , ... ANE E. VAN 11ORN, and RrUlrN M. (:INSUF.RG, Tru::t.cc, tl'c owners of 'the•proporty hereinafter described in Exhibit A, coll..cti•:ely referred to herein as 'Grantors", P.O. Rnx ? 58>, Asl.•r•r;, Cr>lor,idu, P.54:1�� ._ •:y •�.'s4::.^'•for. a,reciprocal grant of easement and other valuable c:onr.ider.rticn •`l.-;F, to them in nand paid, receipt of which is hereby acl;ne:'' ' .�,r •_•. ;iezeby grant to ROBERT S. G,)Lnf,Ai'iT, his ht!irs, Personal rc•,)- r s.- ""', rw.uutatives, sec. ao..-::. :' -_ , .. nwnnr of the prupt•rty �,t,,,lj;r.hereinaftor described in Exhibit B, referred to herein as t "Grantee", 5o Sutton Placc South, Now York, Nt•w Yurk, a perp:rt•.:al w non=exclusivo underground sewer easement to i n :tal l , rep, i r, •1 •.u� maintain, altar and operate sewer lines in, into, across and •- under a" strip' of land twenty feet in width along the nr, o: • ty i443 described in. Exhibit C as delineated on Exhibit U herett.. The easement includes the following: y, .. • ,� The'right to extend the cuts and fills and olacec+ent of .mechanical equipment for such construction, into and on the `-'land' along and outside the strip described in Exhibit C, to such .Mr xtant•as.the Grantee way find reasonably nece,sarv. 2... Grantee shall restore said property to substantially the 1.' '' '� t. •,,: fir,'10 9 •rc�, ,seine natural condition, (includingre-vegetation and zeplac! �•., .. r-�.y,;�•t;ls�wt,:Of treet)r, topography and c•radP existing prior to the 1. to , �. v, �,. , •, yti�r_t'� ,�oonEtruction within said Easement. Robert S. Goldsamt shall ti' ;'!I' 1 emr(ify against eaiv loss or dam,age which shall be caused by 1t"rc'_ae' of the rights granted hereunder or by the wrongful • r`";a°�:pr.ilegligent.act of ainission of his agents ui r. plefcc� j the f • their employment. r i AVthing',to:'the.'contrary not withstanding, Grantors, t�^ i"irj,'rand assigns, -reserve the right to utilize end enjoy iessrz4bed in .sxhibit C for any purpose whatnoover' vch.us,, tor,inprover:ents constructed thereon,! do not ,R .� 7Ci K�� ���A �"t��i� �l�!.T t• �. ,:,, .. t', ,�. . �drb�r�th=ahri_aigbtts_pranted•bereunder. � ; S ' �• �• .,9ar CC2L?at r�5kitiy{!`r'�r�spF1'.:;1� ' .C� MFIJ tiL;l. 1 .�tix.�t .1,�'-. �,21i'l� .:w 1t1AiL' •'� .. 1 t�•.�. � , F`M.+xw'+.,+y •we .....'.�...•.. n" ••R*Q.r»-Yr' :r1t'^ ^" t "'y+w+w•.�,�,+'I7+^.'"r'*+'y r •?• r +'�,. t •'.,dal s; ZP;IOITNE38 MiER>;OF,* the parties+ hereto have exacu ` !t?•t1 ��i1 ..'f,��.l••- r:'rr M. .. C'. LCtI a Easetnont 'Agreement' on the 20 day of Sint Vinber 1976. ' ", +`FYv: �Xt•� �i•.•,.•t; .t, t GRANTORS: . -.F i r. , ;.nr.t '✓�'`?+a�'r.:'1:'-fit.' ' �• u'Lt..t t,,t JACK �u'•' yYY'r'rt ''�'.t ••''L1. !. •.t t+ ' 7 .:i�;� �i�Kr' r t• l' 41 E. VAN 1IOWI '•�; " RLUBEN M. GINSBERG, Ti tce \ii ►,.,,tt,•'.;=.„ACCEPTED AI;D APPROVED N •� ' 1r GRANTEE t %.► ROGEI:. a. GOLDSAMT by Andrew V. Necht, •;`� i a attorney -in -tact STATE OF (2w-cNaJ4- ► ) ���,� ail • ) as. The, foregoing instrument Way acknowledged before me ,rt f tiY.tlM1is day,of ��"? �!!_ 1976, by JACK E. VAN HORM, JR. 41t, I .. . ��,,Nitlteas my,hsnd and official seal. :t:��� t r;,� ��,•l t')lty1oostmission ax irea: 77 ,,�: ; yyy __JJ j Y'•' '7r,^`�A1!'t1 � ��11'i'�!?'�tj• .q� S'���'..tiY �S^:.r.�t:.•+ __ , .,y���a!+;f;'�! ;i�p�jtr�tr •3` �.,� •. �' .. ... Notary !'ubZ� ' . tii�� a 'f-f.7•l� LsK1 t�.'•.•*!` `�rt.,++.�• 1. �' aa.T ���: (• '�� • icZi��uC'�i•M�:r.��J �: K�!�.: r� Si'l`•"U'.'r'' ;!ii,'►:='' .:; .,`• . - �• 9pr going , jatrument 'was acknowledged before me ` da r off' L _:._► I nU, by JANE E. VAN HOM . ,............., and, official seal.-,'• • ` e4�.` �I-v F! iM�l�' '4• •�/Ri 1•' '���, 1 !'�,•'1� + 1•,►'t�ti'� f i�=�.i. .f rll• '�t 6 !�,�?�' 111i �`�,♦, �,y ,,.1 {`{ :, t 1'' �� e�'�W''•'� Iw ,t, 7n i,�s�� .� � t : V t i r 1'S r � c72'`•' •r err +.. :f� 1 ri. u A. 'Yr`�^COUNTY OP •'"'"'�• `1i�'`r%�'•The fore goin instrur.,ent was acknowledged r+G. this : day of ' •J /.::�� 1916, by REU—I Trustee. r. ; Witness my hand and official seal. 10 Hy commission expires, t -),I' ti f, 3o befure me M. GINSRE11C., God r. No ry P;thl; ;u µ,t•Cyr..•N��i'i *STATE•'OV. Colorado ) jt COUNTY'OF• Pitkin ) The foregoing instrument was acknowledged 976 1 , R01)1 RT this 20 dav_ of September , by :.in -fact. yes . Andrew-D. lkocht; Fi s a of nay Pl4. • r r Witness my hand and official seal. r before me S. COLUS7kt1T, by `( L.fAy commission expires, My CalL lai cz,-Irr; lane < 1976 ... .' e .C} %�_ .3 _':�• — r-<'4v-': N ,p • •.• CK otaZ Public Ir rSLt♦.rr; if !►riia' •'• .Rt..VV' knit A `M. •.•/�t"� ~i�f.�•114i �4M�lLY`,t •��:1'w l� �• 71:'r.u��.�i/�.l(±.'Z-~rA�.!A �•�.7}ii' T,jK•11rT'„1 �1,' r. .. `I[.rY•is�,4`'•�•'.;�/f�L,��ri�+�.`l�Y'��'ii�'i+ �.Flff'1N�'•�.:.ti 71 'le •��\1It1�ld{t fii+'lit. •u�; �-�•ti 1. �l•• tl /✓•J r .Ar•ji tie {. f�J •( L Y''1,�.:1 1 , ♦TI .�� 1• L�tNo1�•Y• �r�f•�ttir: A{ 4j'i. A'+2 k„r . ( , 4`ti,.,... lib ^ :���:1it...j��f,`w:l}.l. 7.:. K y - • .-_ ,.•....•.•.e�.••�•.•..,'�•.•�s•..w�V.w'•`.M�++i•�.r•�M�+.,••..rY.•vwl.,.. ,rr..y�,+wr '• +y,•, ^!KY' xv l[,5, '�~+,r µµ'.r,(i,�.� •";::.:7.}�/.w. •::I r�1 r. I a : te '%filifir'� �, �.Ylt�'R'A/�q{�'�/wyt'�.'.�`...ly.r.�.I.•�i..�.•.'�'.,Tern•.Yr�•.�,.J,•y...y iy q'. '� ' t' �47 �1 a .� J' ' y'��I. '' ��el�, �'� ( /•�'� :, � i j 1 sty ,►4 ••''v i KA Al r 4 MP, r A parcel of land being part of RIVERSIDE ri..,,c[ R ISS 3905 AM and Tract a An; •m ! ti .t •: ', A Townsite Addition, Section 18 Towns 10 South, Range 84 West of the Sixth Principal Meridian described as follows: �+ VISION L i.•,�n'. ''• Commencing at the center West corner of 1•ut 14, Block 1 RIVi:RSIDF. SUBDIVISION f FU 3' East fram Book 2A, page 179, being 154.48 feet South 33'3HAnaneNentoBracrerslde t Placer MS 3905 AM (Corner V/3905AM) (A 1954 Bureau of Land b )'• r �.. + ,. , 1 Cap) thence North 87*42' West 8.77 feet to a point whence Corner o. the Riverside Placer 11S 3905 AM (a eandstona rock corner in place) bears South 04'01' West 1096.45 feet and the true point of beginning; thence South 21141' East 111.20 feet; , C c :4 ".• ,:•e. thence South 08'30' West 1t' feet; thence SouO 39'37' Wcet 21.85 feel; `slk,thence South 41*11' East 152.60 feet; SS thenca West 194.52 fast to line 8-9 Riverside Placer N5 3905 A21, or of the ,, •-„••�,,,:�,,, t:lanca South 458 feet along lino 8-9 Rlveraida Placer to the cent •,�•-�� ,>�a'1;; Roaring Fork River; i,Jr1F1' 1', thanes Northarly along the center of the Roaring Fork River being the approximate 41`•`��.�,M1 cantarlina courses as follow: ;f +• 3..a•.1.ri�• North'36'35' Neat 135 feett North 01*40' East 156 feet, North 23'15" West 222 feat, North 15*35' East 204 fast, 14oith 19'48' West 177.44 feet to a point on the North line of proparty described in Deed recorded April 23, 1974 in nook 286 at psga 406; • i'`'"•v 'r+ , thence along said 1lorth line South 89 35 EeSL 177.02 feet and South 87*42' East 76.60 fast to the True Poiut of Beginning, TDB l"i i)..' xss• .r.ft'n•• County of Pit»in, Stets t+f Color o. �X , , , • , c,�1 ��.��*, �s..�C.�ytf ��1'Z �`It`�:r1��,i���"u "+� ',tj.. -� ,, �• �f. '. '}n'.+.�trtrJlr�•;e�¢1i%,�•)t�t,c•�`•;,•ir. t.. . ,,t 1 i . ' P• •1 •r 1�r 'R,, Y i.•�•�. �:'�'�•fV'.. �,l•L°°' IAt", i t a �A ra�'R t '. 1 � '1 '�� }' ;'S i• !�b'�'"�J'!.I�t''�yl��'.•f4.•�• ft.. � •(jT,. .S,Y. ,:4i+'�s'��r;: fSh. d' ,ct :i,w.P` 'i�{,'�- i ttlf�: . f� J� 1fJ51'...:Y�1';•Y'`i� )•jk ``y t i', Tjr.�•7 ' 4i t ' _S:rf1' •,�%'•, :•/�1 ��,rs iS" � ,•'" �.. '►F,�•1 ,,;y'�r'�^ i � (.1.� i, ���i ���l �r••�pl(� ��: t��W�,1��?at�•rt•~':; ,; ;,.�.ih� 1�I %������lf , �1�,!''4 '',ai.J4r�.f•:3./ �.. , nrr��':a�wso±s _ .. .. V .. i�il5 .. ... �. .� _.r-,. r• :,h,r. 1�"hj�r.'. w:,�:}�v?i?�l' i�1� tt`�x :�:!^,a,r,?�,.,� � � •l � i ,ha .'�, y .,,. •+ ; , ... ., .; .: ,,, '.. , �..••-..-...- w+ws••"..1.,,"n'w•yr+'+w►.!r'.�'�y„►•+qµ.r,r-.M....�w..:"!'r,r-M•rl�'!"n[: "^'awr�MJ.."'�'f�r'.t"'^';! I/ ;I! i !S 7-1 .14 A'4 4d FX)IIYIIT B w All Of the land lying withl.1 the Callahan SuhdivisioryJ iraccording to the Plat recorded in Book 5 , Page 8 ' .-:;',of the records of the Clerk and Recorder of Pitkin Ccanty X " 11, �. , except Lots 11, 12, 12A and 16. . V, J :Af v ;- . = i�11`1 a VI L VA. L i!c n' FZ 4r. �ws e, Wv -t .0 V!:, u •1�iIlA'•iyee•••.1: ..t .�. i' `•� i 0;,j:.+iSjJ *•t 5•,•', EXHIBIT C C &M a n- a g a rn,,,- - Planning �•peslgA • Surveying • Englneering • Construelloh %A,,'srtd Management of Lano t, • MAY 10, 1976 EMEMENT . , •i',�.• fir} Inc. c. ©ox 1730, Aspen Colorado 81611 303.925.2688 75-161 Yutik Van Horn F.a ,uat,..• Revised A SEWER EASE?l%NT SITUATED IN TIM 511 1/4 IIE 1/4 OF SECTION 18, T0.'NSHIP 10 SCUTIr, RXIM.1' 84 u!: ;'1' OF TILE !{;• ;�1 �. 6TH PRINCIPAL NEI:IDIAN, PITKIN CUMITY, C0110I211)O. ±; ,, �. �• SAID EASEiZNT 7S 20 FEET IN WIDTH TYING 10 FEET ON 4;:,•; , ,' ,.• } EACH SIDE OF TILE FOLLOWING DESCRII3F.D CENTERLINE: ' k'''+'•• ''� BEGINNING AT A POINT ON TILE NORTHERLY DOMMARY OF }��j''' ii, ',ti •, , CALIAtIAN SUBDIVISION, WIIEIICS COFCIER NO. 9 OF TIM +•` ��t'- RIVERSIDE PLACER, M.S. 3905 AM., BEARS S 14.41'52" W ';:742.55 FEETI :-HA 11 00 W 163.24 FEETt _ll� THLNCZ N 41•1w � "••+,, z ;t ��• THENCE N 39.37'00" E 40.00 FEET TO TILE END 0: SAID . "4r�ii:.� r�.�{i'+iv i. ,,•i p !' ,' •i •+" ,'�`tr;µ�S3�y.; l '!�'�� ''elf, '�,% ';j! • ��. T:In fi r.'��r•��,';4j,. .54 4 U'r'tJaM+i0ul71, .:+�.�.pe'. „�i,r. r, .I, •', L ' 'Aubelt of TricorCorporation' offices throughout the Wost kvw nily- � ' • Ike p (, a • 5.. a e• ( ,r . • 11•� '�4 y �4 ',�'� �• r Tqt' t1ii.�� � ., •'' •,.. j, ''; 4�•.,, i t • t+s 1 "q bpi.'%�lr: rYt� }+ 7•':' li:' �' �<.v ` ,"r 1� .. n •>' � :Ar ,�,'( ' 'ti,.l�',,).!�',�.pp �)ry9� ,���s •rt;,,,,:�:f!'. .. '�r3'i:•Q�.;2�t'•�'�ej�� � !:' ,1 � iJc. ��i �i`u t�,�•�',Il. p'�l ,�l • ti}, �� ,. .; ;ti; l,�'`J •Yyt 3�?v �;r. f�r;Y:d•'':f�tVol"ht R;;i.ri ��pt;. . �•�1, '1� '.f1. � r•t,119�'x('!J:�,�•i•,riL�}�T•- .�".'1!;` .►1':1::•:.`�'t,�H :d �`� !"�`61.• 1 ' �� ill -� t�_ I .. '• . ri•lti� `.•1. y� �: i'F-j?-'1. �.f�.�ie�.,'� . ;Y .. � F�.� �1 .: ,.'� { �i� .i _.�. _ _ ,. '•i•ri.-. �'�., �SIZII+tTi<i s.���►�+w�..=i,.�.r.T,.�..�„•�,..,+r'T+�^„"T!*•y.., �n.:••—+•.•r-7—..- t•.!! • ' ' .� �!' ;:'' ,�L�i�'��_�'-: �;. ,, �;�; •.tidy . . * �. ,-. y 1;,'tt�v ,+ L 'y am , • t EXHIBIT D EMENT=ACR05S 7)-;Ein ' �i�i� ,� �r {q ter, .•�I� : ;,,s,; ,. � �,•. y � ' .. or �' .^1•�,.� •V[•Y•t1{y,.�', '�'. �L,,i 1, ,� , •r. . , >'lie VA • �. y �•' , a •. • fir, ••� �, . . rfc.r • •. Rl Vt�rDa .�yfJl Vi�jIVV C,c K G EI: J✓lx�� � — VIOCA4. ua 0 I ' j It's 1 I �; ; ''�,V �I�•r: til..,.t.l � •t,r , '. �•ZO'wIDE 5L•WLJt i .: t. 'er,,s� y Lw�.e�ti ♦ • '•. . •�; ,' L' '+'�".• p,• r � t/rfXJ..e+. y /' + •r Z 4'si >`Y •- - •-`L'�•1L 7•.r-"L h' • N x� 37 Cd f: L.aT t(a • ZI.M LaT Is Nh 1 .�•jti. r. dry ••s .: .�, {j,1 `:y �', •1, • 194 .7z' LOT 6 Irx armfry.• 1 w (_!Ir 10 4 . LOT 19 LVT 2Z k 1jJj�iV 1910 N Z t � IA AA •(:•: y'l �,1�'f �GO�p'ifJt rM. �• +Mc'6: `r ' � N t,' �•�(�q�y. r VsdNli c .; t rT^ 4 E � �'47 � p `rt'h �rJ'§iw. Z r r ` . ,F '� , wa• • r , ,• � •� i .: ' • w ti, r�.i•" i,.• �s v p--2i•h. J i�•�_[r�!j {�.^ .i`! 1. I,J +i•F i�Y '•y f• ../ ' Y r ' • lr • y .w:..._': . •"•.: y l .i y ,' 4...,r•rrkiyl.'�-. 1'r�w ��r':nJ}�''�}'y i'•r'••-.Jj11•, :et:�ei•%4 , .4�; t' •. J•. - ,. ,. �TM�,�y,.•.�-�-r..i••.•.+„+r.+••�++•�+.►��r7•rn*•.yat' I 11= I 2047'13 S7a IN THE DISTRICT COURT IN AND FOR :HE COUNTY OF PITXI.IL%l r AND STATE OF COLORADO Civil Action No. 78CV51 JACX E. VAN HORN, JR. and ) JANE E. VAN HORN, as to an ) undivided one-half interest; and RUBEN X. GINSBERG, Trustee, ) as to an undivided one-half ) interest, ) Plaintiffs, va. Y.ARY JORDANI THE MOLLIE GIBSON CONSOL:DATED MIMING AND MILLING COMPANY, a defunct Iowa corpor- ation whose last Board of Dir- ectors consisted of J. J. RAGGZR.Y•AN, PERCY HAGGERMAN, R. J. BOLLES, WILLIAM O'BRIEN, C. E. ?A:_KER, WILLIAM F. GREEN -WOOD, W. C. MITCHELL, WILLIAM STOCKS, J. F. ZELL and J. S. WOLF; JOHIN R. MILEY; ADELE B. WILEY; and all UNKNOWN PERSONS who claim any interest in the subject. matter of this action, DECREE IN QUIET TITLE ACTION Defendants. ) F••,' THIS CAUSE COMING ON TO BE HEARD, THE COURT FINDSt ."l� ?'•'i,:° That each Defendant herein has been properly served ,•'•`''.'' a required by law and rule of Court; that the Military Attorney whose name appears below has been heretofore appointed and has ILI appeared for any and all Defendants who are in, or who may be in, f or may have been ordered to report for induction into, the �'=.'-•' ,' +' military service ao defined by tho Soldiers' and Sailors' Civil Relief Act of 1940, as Amendedl this is an action in rem affecting 1 specific real property; •ham Court has jurisdiction of all parties L'•rr.,;;1+.,.;J to this action and of the subject matter thereof; that the ,allegations of the complaint are true; that every claim made b said Defendants is unlawful and without right) that no Defendant ?herein ha: any title or interest in or to the property described i {, ;t P,; LA �81W It A' hereto or any part thereotl therefore s "" ;:• p: e • •�i V i •F r Yi' •1 b • �1��'• �� ��t�l.l CC �t'i j*� rn!`��+f�{�, i•, L l� t [l , 1 • i , ' 'C'•'�~��,�.j.1M�a�,�,�yr.�1�"id`4k;s}'� r!t,; 9P i! .�. �S .1." ,i . 1. :. .. •. .: ., ,..:: .,n..rr� I +-w� _- _ _ __ - - �Tw+.wwr.1.�]�+Arl..•R'f""ry..••w'?"►!P•^^'"'^'�'r"".Tr•,,,...'��...• r•+w`•M•1+.+s+••<'••�..�»...•f►+. "t349 mu482 IT IS ADJUDGED AND DECREED that the Plaintiffs at ;A the time of the commencement of this proceeding, were, and now are, the owners in fee simple, with right to possession, of the real property situate :n the County of Pitkin, State of Colorado, described in "Exhibit A" hereto, which Exhibit is incorporated by reference into this Decree; that fee simple title in and to said real property be and the same hereby is quieted to the Plaintiffs and that each of the Defendants has no right, title, or interest ir. or to the said real property or any part thereof, and that they are forever enjoined from asserting any claim, right, title, or interest in or to the said real property or any part thereof. SIGNED this 2:2- day offer 1978. R 1 4GF A. Approved as to form. Fee Received. XLIT= ATT Y 41( 94 ty ..I:. 'V Alt) 4;' .41 I I0. A� 0 I my 349 m4 483 "EXHIBIT A" A parcel of land being part of RIVEASIO P:.ACE- XS 3905 AM and Tract I Aspen :ownsite Addition, Section 18 Tovnship 10 South. Range 84 West of the Sixth Principal Xeridiaa described as follower Commencing at the center West corner of Lot 14, Block 1 RIVErRSIDE SUBDIVISION Book 2A, page 179. being 154.48 feet South 33'33' East from corner 8 of Riverside ?!-car Y.S 3905 AM (Corner 8/3905A.`t) (A 1954 Burecu of Land Management Bras& Gp) thence North 87'42' West 8.77 feet to a point whence Corner 9 of the Riverside Placer MS 3905 A?S (a sandstone rock corner in place) bears South 04001' West 1096.43 feet and the true point of begianini; thence South 21'41' East 131.20 iect; thence South 08'30' best 115.30 feat; thence South 39'37' West 21.85 feet; thence South 41'11' East 152.60 fact; thence West 194.52 fact to line 8-9 Riverside Placer MS 3905 AX, chance South 458 feet along ;.in& 8-9 Riverside Placer to the center of the Roaring Pork River; { thence Northerly elf d the center of the -oaring Fork River being the approziaata canterline course& as follows: Korth 36035' West 135 feett North 01'40' East 156 feet, North 23*15" West 222 fast, North 15*35' East 204 feet, North 19'48' West 177.44 fast to a �t.;'�; ''•'point on the North line of property described in Deed reeoided Anril 23, 1974 in Book 286 at page 406; !,,'13•'; t'';`'. thes�ca along said Xorth line South 89'35' E-t:t 177.02 feet and S'outb 67041' X"t 76.60 fut to the True Point of Beginning. ''.Couatr of Pitkin, State of Colorado, '... .'''! SrA.t .ti ;r 1 . {� ` it M '1'W, r r 4w;W��"4Sti�LSt— sa, , f . • at{�, }C �'�5F, 1i7i v,� �'y �;1M`Y d f , •tit"{,•1' M. r'... .. 1 1 r - . •� ',..,r••c��. S,.eif 'i3•,�w. ti' 7 1. lA ti r� r ' r ,'r.f. ♦t::• '•�¢.�'.,!'. :$•'' .1 - I •••.�r•w'.v..•::+...-•w-+...war.••••'_--.....,.•,,a...,,.............-..!e• 3�8 STATEMENT OF EXCEPTION FROM THE FULL SUBDIVISION PROCESS AND EXEMPTION FROM THE GROWTH MANAGEMENT QUOTA SYSTEM (GMP) FOR A "LOT SPLIT" FOR THE GORDON SUBDIVISION WHEREAS, SHELDON M. GORDON (herein "Covenantor") is the owner in fee simple of the real property (and the improvements thereon) situated in the City of Aspen, Pitkin County, Colorado, more par- ticularly described as follows: Lots 1 and 2, Gordon Subdivision, City of Aspen, Pitkin County, Colorado, according to the Plat thereof recorded in Plat Book at Page 9-41 , Reception No. �a , Pitkin County; and WHEREAS, the Covenantor has requested an exception from the full subdivision process, pursuant to Section 20-19 of the Aspen Municipal Code, as amended (the "Code"), and an exemption from the Growth Management Quota System (GMP), pursuant to Section 24-11.2 of the Code, as amended, for a "lot split", and WHEREAS, the City Council of the City of Aspen determined at its meeting of August 8, 1983, that such exception and exemption were appropriate and granted the requests subject, however, to certain conditions; NOW, THEREFORE, the City Council does hereby grant the requested "lot split" subdivision exception and GMP exemption in consideration of and subject to the following: 1. Covenantor acknowledges that the "lot split" subdivision exception and GMP exemption is a one -time -only approval, that development on the lots is limited to the present single-family residence on Lot 1 and a new single-family residence on Lot 2 and that no further subdivision or development is permitted without applicable approvals pursuant to Chapter 20 and Section 24-11.1 et seq. of the Code. 2. Prior to such time as Covenantor (or his heirs, personal representatives, successors or assigns) receives municipal water utility service for Lot 2 and as a condition precedent thereto, he shall (a) convey to the City of Aspen an amount equivalent to 2 "EQR" of water per residence (or .2 acre feet per year of historic consumptive use) from the Riverside Ditch, which water right may be leased back to Covenantor for $2.00 a year subject to availa- bility; (b) enter into an Agreement with the City of Aspen to con- struct at his own cost a water line extension (including adequate fire protection) according to the City's then -existing water line extension and service policies and specifications, which agreement should provide, at least, for 100% security for the construction, one-year warranty of the work, and conveyance of the line by bill of sale upon acceptance thereof by the City and the payment in full of then -existing customer costs including service line costs, metering, tap fees, utility connection charges and water consump- tion charges; and (c) Covenantor shall grant to the City a right of first refusal (such right to be exercisable for a 30-day period following written notice to City from Covenantor of receipt of a bona fide offer) for all water rights, ditches and ditch rights, wells and well rights appurtenant to Lot 2 or used in connection with it in excess of the conveyance in 2(a) above, in the event the water rights are to be sold independently of the land, for a period of ten (10) years from the acceptance of the water exten- sion line. The parties agree that the City shall pay the costs of the preparation and recording (but not the Covenantor's cost of review) of the conveyance and leasing documents described in 2(a) and 2(c). 3. In the event that any municipal improvement or improve- ments of a kind contemplated in Section 20-16 of the Code, as amended, became, in the sole judgment or discretion of the City Council, necessary or desirable to the area of the above -described property, Covenantor will make no objection to any special asess- ment or special tax or proceeding therefor on the basis that the property is adequately served by existing improvements and/or on the basis that the premises will not be served or benefited by the improvement or improvements proposed. Covenantor further agrees 2 to join, upon the demand therefor by the City, any special improvement district, urban renewal district, or downtown develop- ment district formed for construction of such improvements (including, without limitation, signage, drainage, underground utilities, paved streets and alleys, planting, curbs, gutters, sidewalks, street lights, traffic circulation, trails, recreation or open spaces facilities, public transportation facilities, park- ing, etc.) in the area of the above -described property or to reim- burse the City of Aspen directly upon demand therefor if the City should choose to construct these improvements without the forma- tion of such a district. 4. These conditions are covenants to run with the land and are binding on Covenantor, his heirs, personal representatives, successors and assigns and may not be released or modified in any way except in a writing signed by the parties and adopted by a Resolution of the City Council of the City of Aspen. 5. The conditions are stipulated to be in consideration for land -use approvals requested by Covenantor and granted by the City. Dated this IT— day of `J I!ST , 1983. William L. Stirlidilg, Mayor ATTEST: Kathryn So Koch APPROVED.,on) TO FORM: aIteIa0) COVENANTOR: /0- Sheldon/M. Gordon M Q tfov k • Auqust 10, 1983 Robert F. Wiginyton,Esq. Musick & Cope P.U. Box 4579 • Boulder, Colorado 80306 Re: Gordon Subdivision Dear hir. wigington: Enclosed for your review is a Statement of Exception for the Gordon Subdivision. I would appreciate your calling me on Friday with your comments. 'hank you for your attention to this matter. • Very truly yours, Gary S. Ssary Assistant City Attorney GSE/mc Enc. 0 STATE OF COLORADO ) ) ss. County of Pitkin ) The foregoin instrument was acknowledged before me this !� Li day of _ Y , 1983, for Sheldon M. Gordon by Fitzhugh Jott III, his attorney -in -fact. WITNESS MY HAND AND OFFICIAL SEAL. My commission expires: / J� Not r P //blic Address I, Kathryn S. Koch, do hereby certify that the foregoing Statement of Exception from the Full Subdivision Process and Exemption from GMP for a "Lot Split", was considered and approved by the Aspen City Council at its regular meeting held August 8, 1983, at which time the Mayor, William L. Stirling, was authorized to execute the same on behalf of the City of Aspen. Kathryn S. Koch, City Clerk 4 0. • P eze�vea B ,--x j��,z / �l LnI �re G J � — • 10 4 KNOW ALI, MEN By THESE PRESENTS: That Sheldon M. Gordon of the County of Los Angeles , State of California , repo.ing special trust and confidence in Fitzhugh Scott III of the County of PiUdn . State of Colorado has made, ciNnduad and appointed, and by these presents does make, constitute and jprk)int the said Fitzhugh Scott III true and lawful attorney for him and in his aww.prelttr.d*ask Aw sole use and benefit in order to close his Oontraet to P.uy and Sell F4W1 Bst tte (Residential, Form No. SC-20-2-81), dated May 25, 19M3 with Ted Enloe as nominee, and in order to finalize the Gordan Subdivision, including, without limitation, execution of the final Edon Subdivision Map on behalf of the applicant/owner, and any agreements or other ittatts required by the local government for final approval :hereof. Hereby giving and granting unto said attorney full power and authority to do and perform all and every act and thing whatsoever requisite and necessary to be done in and about the premises, as fully to all intent and purposes I he might or could do if personally present, including, but not limited to., the execution of Deeds conveying real estate, with full power of revocation hereby ratifying and confirming all that said attorney shall lawfully do or cause to be done by virtue hereof. *This power of attorney shall not be affected by disability of the principal. IN WITNESS WHEREOF, I have hereunto �7my hand and seal 28th day of July , 19 83 r -Strike either ur Muh at cording to tact. No. 34 1'o%%EK OF ATTORNEY Rev. 83 (See reverse for acknowledgment) Bradford Publishing. 5825 W.6th Ave.. Lakewood. COM02I4—(303) 233-6900 {SEAL ] [ SEAL ] [ SEAL ] 5-g3 '.')1 TO t9"CA"_831 J TICOR TITLE INSURANCE (Individual) STATESTATE OF CALIFORNIA ) COUNTY OF LOS ANGELES I Ss. On July 28, 1983 before me, the undersigned, a Notary Public in and for said State, personally appeared _ SHF.T,DON M. GORDON , personally known to me or proved to me on the basis of satisfactory evidence to be the person_ whose name .1S subscribed to the within instrument and acknowledged that a exe- cuted the same. WITNESS my hand and official seal. !L i.yi Signature S, C/G /h NXiM E. ChW by Subscribed and sworn on before me this My commission expires Address: 'ficial seal. aJ..t h OFFICIAL S);AL MARION � CRONK m NOTARY PUBLIC - CA IFORNIA LOS ANGELES COUNTY My comm. expires DEC 17, 1934 19 , (This area for official notarial seal) >mpetence .r' day of 19 Notary Public 19 . Witness my hand and official seal. IS-14.501. When power of attorney net affected by disability. (1) Whenever a principal designates another his attorney -in -fact or agent by a power of attorney in writing and the writing contains the words "Thu power of attorney shall not be affected by disability of the principal. -or "This power of attorney shall become effective upon the disability of the principal." or similar words showing the intent of the principal that the authority conferred shall be exercisable notwithstanding his disability, the authority of the attorney -in -fact or agent is exercisable by him as provided in the power on behalf of the principal notwithstanding later disability or incapacity of the principal at law or later uncertainty as to whether the principal is dead or alive. All acts done by the attorney -in -fact or agent pursuant to the power during any period of disability or incompetence or uncertainty as to whether the principal is dead or alive have the same effect and inure to the benefit of and bind the principal or his heirs, devisees, and personal representative as if the principal were alive, competent, and not disabled. If a conservator thereafter is appointed for thb principal, the atiomey-in-fact or agent, during the continuance of the appointment, shall account to the conservator rather than the principal. The conservator has the same power the principal would have had if he were not disabled or incompetent to revoke, suspend, or terminate all or any part of the power of attorney or agency. (2) An affidavit, executed by the attorney -in -fact or agent, stating that he did not have, at the time of doing an act pursuant to the power of attorney, actual knoti ledge of the termination of the power of attorney by death is, in the absence of fraud, conclusive proof of the nontermination of the power at that time. If the exercise of the power requires execution and delivery of any instrument which is recordable, the affidavit when authenticated for record is likewise recordable. 15-14-502. Other powers of attorney not revoked until notice of death or disability. (I I The death, disability, or incompetence of any principal who has executed a power of attorney in writing, other than a power as described by section 15-14-501, does not revoke or terminate the agency as to the attorney -in -fact, agent, or other person who, without actual knowledge of the death, disability, or incompetence of the principal, acts in good faith under the power of attorney or agency. Any action so taken, unless otherwise invalid or unenforceable, binds the principal and his heirs, devisees, and personal representatives. (2) An affidavit, executed by the attorney -in -fact or agent, stating that he did not have, at the time of doing an act pursuant to the power of attorney, actual knowledge of the revocation or termination of the power of attorney by death, disability, or incompetence is, in the absence of fraud, conclusive proof of the nonrevocation or nontermination of the power at that time. If the exercise of the power requires execution and delivery of any instrument which is recordable, the affidavit when authenticated for record is likewise recordable. 0 L4 —'__� 0 C U U U u✓ 0 >, C F3 N 2 U 0 L C4 a E LE r CITY OF ASPEN 130 south galena street aspen, colorado 81611 303-925 -2020 MEMORANDUM To: Chuck Roth From: Gary Esaryelc_ Re: Gordon Lot split Date: August 12, 1983 Paul J.Taddune City Attorney Gary S. Csary Assistant City Attorney Peggy Carlson Administrative Assistant Chuck, by this time you should have the original mylar and original Statement of Exception. Please check the mylar for the changes we requested and overall conformance with our code and oversee the execution of the documents on behalf of the City (Mayor, Clerk, Engineering). Once the documents are fully executed, including execution by Tam Scott acting as attorney -in -fact for Mr. Gordon, you should make copies and then deliver them only into the hands of a title company representative with instructions that no changes are to be made in the documents up to and through recording. Then instruct the title company to call someone from our Clerk's office to go over with them when they are ready to record, so we can be there (per the Code), check the documents for changes and fill out the information on our copy of the mylar. You might want to go with the Clerk (I sometimes do) just to see what goes on. The order of recording from the City's point of view should be (1) original power of attorney signed and acknowledged by Sherldon M. Gordon appointing Tam Scott as attorney -in -fact to exeucute real estate documents affecting the property; (2) the Statement of Exception, fully executed with the blanks filled in; and (3) the Plat, fully executed withe blanks fill in on the original and our copy. I should be back around 3 if any problems develop. Feel free to provide the title company with a copy of this. thanks, cc: City Clerk sAmencan nano i me .Association commitment - r 'stied 11J/13 Rr_ ' � � � , _ ' =�"•. •tom.:♦ ....�: '�. ♦'�'t ♦>ti , �y COMMITMENT FOR TITLE INSURANCE r ISSUED BY 1K STEWART TITS + ` GUARANTY COMPANY STEWART TITLE GUARANTY COMPANY, A Texas Corporation, herein called the Company, for valuable consideration, hereby commits to issue its policy or potiici of title insurance, as identified in Schedule A, in favor of the proposed Insured named in Schedule A;wner or mortgagee of the estate or interest covered hereby in the land described or referred to in Schikyle A, upon payment of the premiums and charges therefor; all subject to the provisions of Schedules A d B and to the Conditions and Stipulations hereof. This Commitment shall be effective only when the ' en ' y of the proposed Insured and the amount of the policy or policies committed for have been i rte in Schedule A hereof by the Company, either at the time of the issuance of this Commitment or ubsequent endorsement. This Commitment is preliminary to the issuance of such polic or policies of title insurance and all liability and obligations hereunder shall cease and terminate six months after the effective date hereof or when the policy or policies commit%autri issue, whichever first occurs, provided that the failure to issue such policy or policies is of the Company. This Commitment shall not be valid or binding until countersigned by aofficer or agent. IN WITNESS WHEREOF, the Company has caused this Commitment to be signed and sealed, to become valid when countersi ed by an authorized officer or agent of the Company, all in accordance with its By -Laws. This Commi'�ent is effective as of the date shown in Schedule A as "Effective Date." -TENVART TITLE A RANTY COMPANY \, J �,� ilPO • Z Chairman of the Board ;3: �co R4T� :< President 19 8 0'0 Serial No. CC i 165 SCHEDULE A Order Number. 11598 1. Effective date: NNE 20. 0' CLOCK A.M. 2. Policy or Policies to be issu \ A. ALTA Owners Poli Proposed Insure Ted E Oe B. ALTA Loan Pb4cy_ Proposed Insured: C. Commitment Number. Amount of Insurance S 1,100,000.00 Tag Certificate E S 3. The estate or interest in the land described or referred to in this commitment and covered herein is fee simple and title thereto is at the effective date hereof vested in: Sheldon M. Gordon 4. The land referred to in this commitment is described as follows: Lot 1 Gordon Subdivision, according to the Plat recordeaas , in Plat Book age Reception No. County of Pitkin, State o Colorado. Premium $2.067.00 5.00 Authorized Countersignature Page 2 S"I"E'WART TITLE nti♦A♦\TV rnYP♦NV SCHEDULE B — Section 1 Order Number: 11598 Commitment Number. Requirements The following are the requirements to be complied with: Item (a) - Payment to or for the account of the grantors or mortgagors of the full consideration for the estate or interest to be insured. Item (b) Proper instrument(s) creating the estate or interest to be insured must be executed and duly filed for record, to -wit: 1. Record good and sufficient Plat approved by Stewart Title Guaranty Company of Gordon Subdivision. 2. Evidence satisfactory to Stewart Title Guaranty Company, furnished by the Office of the Director of Finance, City of Aspen, that the real estate transfer tax pursuant to city ordinance No. 20 (Series of 1979, has been paid or that conveyance is exempt from said tax. 3. Proper withdrawal of Notice of Election and Demand for Sale by Public Trustee, recorded March 24, 1982, in Book 423 at page 977 as Reception No. 240125. 4. Release of Deed of Trust dated April 30, 1 79, executed by Sheldon M. Gordon, to the Public Trustee of Pitkin Co ty, to secure an indebtedness of $225,000.00, in favor of Jack E. Van Horn Jr., and Jane E. Van Horn, recorded May 18, 1979, in Book 368, at Page 9 5. Release of Deed of Trust date nuary 19, 1982, executed by Sheldon M. Gordon, to the Public Trustee o itkin County, to secure an indebtedness of $700,000.00, in favor of Firs Interstate Bank of Californ , recorded January 28, 1982 n Book 420, at age 488..��;�L e--- 6. Deed from vested o , vesting fee simple title in purchaser(s�. b`'3 Page 3 Si' 'I' , OVA R T 'I' I'I' L I GUARANTY COMPANY • SCHEDULE B — Section 2 Exceptions Older NuiTlher: 11598 Commitment Number: The policy of policies to he issued will contain exceptions to the following unless the same are disposed of to the satisfaction of the Company: 1. Rights or claims of parties in possession not shown by the public records. 2. Easements, or claims of easements, not shown by the public records. 3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any facts which a correct survey and inspection of the premises would disclose and which are not shown by the public records. 4. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the public records. 5. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof but pr for to the date the proposed insured acquires of ecord f value the estate or interest or mortgage thereon covered by this Commitment. 6• and all unpaid taxes and assessments. 7• The effect of inclusion in any general or specific water c servancy, fire protection, soil conservation or other district or i usion in /to er service or street improvement area. n or lode of quartz or other rock in 1 ce bearing pol silver, r, lead, tin, copper or other valuable d osits claimed or knownt March 23, 1885 and the right of_ the _ prietor of any vein or lode tz of other rock in pla a eating bold, ilex, cinnabar, lead, tin, cop r or other valuable d its for the p rpose_of extracting l and re. ing the ore from such v or lode should the s L top etrate or i t rsect the pr s, all as reserved patent �i)ecorded J 17, 1949 in B k 175 at Page 4 as Reception •No. 9 K40. �' �.—.9. Right of the Prop 'e or of a Vein or Lode to extract and remove his ore therefrom, sho d the .e be found to penetrafe or -intersect the premises hereby gran d, as reserved in United Sta es Patent recorded August 29, J� 1953 in ok 185 at Page 69 as Reception Ado. 106874. 10. V conditions and easements as set forth in stipulation, N 4868�.District Court for Pitkin County, Colorado, recorded February 7, 197 ' in Book 309 at page 165 as Reception No. 181820. The specific loca on of which is not defined. 11. sement 30 feet in width as granted to Aspen Metropolitan Substation istrict to construct, install, maintain and use a sanitary sewer line, 7 recorded J y 23, 1970, in Book 249 at page 596 as Reception No. 143494, "� 3 the spec is location of which is not defined. 12. Terms conditions and burdens as contained in Grant of Easement to Ro ert �,NXW\ S. ld7samt, recorded September 21, 1976 in Book 316 at page 902 as Reception No 187196, burdening the following described property: f i ent situated in the STAaW4 of. Section 18, Township 10 A"miRange 84 West of the 6th P'. M., Pitkin County, Colorado. rJSai,!dteasement is 20 feet in width lying 10 feet on each side of Ahe ellowing described centerline: continued on Page 4A Exceptions numbered are hereby omitted. Page STEWART TITLE 1654 (25M3-83) . GUARANTY COMPANY CONTINUATION SHEET SCHEDULE B - Section 2 Order Number: 11598 Commitment Number: Beginning at a point on northerly boundary of Callahan Subdivision, whence C err 9 of the Riverside Placer, M.S. 3905 AM., bears S. 14*41' 2" W. 742:5 feet; thence 11. 41°l01d. 163.24 feet, � .'�''��}r� thence 39*37'0" 40.00 feet to the end of said easement. kc co 13. Terms, conditions, obligations and restrictions as contained in grant of easement recor ,September 23, 1976 in Book 316 at page 961 as Reception o . 187248. 4-D ✓o.-- t+6vh / q� —.1- s '^.. 14. Terms, conditions, obligations and covenants as contained in agreement recorded June 26, 1978 in Book 350 at page 450 as Reception No. 205243 and Exhibit "A" thereto, recorded June 11, 1978 in Book 351 at page 146 Pam, C.�f) art Reception No. 205595. Page 4A 0055 GUARANTY COMPANY CONDITIONS AND STIPULATIONS 1. The term mortgage, when used herein, shall include deed of trust, trust deed, or other security instrument. 2. If the proposed Insured has or acquires actual knowledge of any defect, lien, encumbrance, adverse claim or other matter affecting the estate or interest or mortgage thereon covered by this Commitment other than those shown in Schedule B hereof, and shall fail to disclose such knowledge to the Company in writing, the Company shall be relieved from liability for any loss or damage resulting from any act of reliance hereon to the extent the Company is prejudiced by failure to so disclose such knowledge. If the proposed Insured shall disclose such knowledge to the Company, or if the Company otherwise acquires actual knowledge of any such defect, lien, encumbrance, adverse claim or other matter, the Company at its option may amend Schedule B of this Commitment accordingly, but such amendment shall not relieve the Company from liability previously incurred pursuant to paragraph 3 of these Conditions and Stipulations. 3. Liability of the Company under this Commitment shall be only to the named proposed Insured and such parties included under the definition of Insured in the form of policy or policies committed for and only for actual loss incurred in reliance hereon in undertaking in good faith (a) to comply with the requirements hereof, or (b) to eliminate exceptions shown in Schedule B, or (c) to acquire or create the estate or interest or mortgage thereon covered by this Commitment. In no event shall such liability exceed the amount stated in Schedule A for the policy or policies committed for and such liability is subject to the insuring provisions and the Conditions and Stipulations and the exclusions from coverage of the form of policy or policies committed for in favor of the proposed Insured which are hereby incorporated by reference and are made a part of this Commitment except as expressly modified herein. 4. Any claim of loss or damage, whether or not based on negligence, and which arises out of the status of the title to the estate or interest or the lien of the insured mortgage covered hereby or any action asserting such claim, shall be restricted to the provisions and Conditions and Stipulations of this Commitment. STENIVART TITLE GUARANTY COMPANY Page 5 ORp,F. STATEMENT OF EXCEPTION FROM THE FULL SUBDIVISION PROCESS AND EXEMPTION FROM THE GROWTH MANAGEMENT QUOTA SYSTEM (GMP) FOR A "LOT SPLIT" FOR THE GORDON SUBDIVISION EXCEPTION WHEREAS, SHELDON M. GORDON (herein "Covenantor") is the owner in fee simple of the real property (and the improvements thereon) situated in the City of Aspen, Pitkin County, Colorado, more par- ticularly described as follows: Lots 1 and 2, Gordon Subdivision Exception, City of Aspen, Pitkin County, Colorado, as described in the plat thereof found in Book Page e of the record5of the Pitk'rk and Recorder; and WHEREAS, the Covenantor has requested an exception from the full subdivision process, pursuant to Section 20-19 of the Aspen Municipal Code, as amended (the "Code"), and an exemption from the Growth Management Quota System (GMP), pursuant to Section 24-11.2 of the Code, as amended, for a "lot split", and WHEREAS, the City Council of the City of Aspen determined at its meeting of August 8, 1983, that such exception and exemption were appropriate and granted the requests subject, however, to certain conditions; NOW, THEREFORE, the City Council does hereby grant the requested "lot split" subdivision exception and GMP exemption in consideration of and subject to the following: 1. Covenantor acknowledges that the "lot split" subdivision exception and GMP exemption is a one -time -only approval, that development on the lots is limited to the present single-family residence on Lot 1 and a new single-family residence on Lot 2 and that no further subdivision or development is permitted withDJ + applicable approvals pursuant to Chapter 20 and Section 24-11.1 et seq. of the Code. 2. Prior to such time as Covenantor (or his heirs succes- sors or assigns)4FLi�� municipal water utility service for the subject property he shall (a) convey to the City of Aspen 2 1 .1 "EQR" of water per residence from the Riverside Ditch, which water right may be leased back to Covenantor for $2.00 a year subject to availability; (b) enter into an Agreement with the City of Aspen to construct at his own cost a water line extension (including adequate fire protection) according to the City's then -existing water line extension and service policies and specifications, which agreement should provide, at least, for 100% security for the construction, one-year warranty of the work, and conveyance of O'eli�. Q�''''t�'�'-- ��rh'.y arS♦vr�ftosf'`! G6%CA4 -S gN.AAC MK f the line by bill of sale upon acceptance thereof by the City and (c) Covenantor shall grant to the City a right of first refusal on all water rights, ditches and ditch rights, wells and well rights lip n �c appurtenant to the property or used in connection with it in excess of the conveyance in 2(a) above, in the event the water rights are to be sold independently of the land, for a period of CO"4 ten (10) years from the acceptance of the water extension line. 3. In the event that any municipal improvement or improve- ments of a kind contemplated in Section 20-16 of the Code, as amended, became, in the sole judgment or discretion of the City Council, necessary or desirable to the area of the abg1JVescribed property, Covenantor will make no objection to any specialt- asess- ment or special tax or proceeding therefor on the basis that the property is adequately serve y existing improvements and/or on the basis that the premises will not be served or benefited by the improvement or improvements proposed. Covenantor further agrees to join, upon the demand therefor by the City, any special improvement district, urban renewal district, or downtown develop- ment district formed for construction of such improvements (including, without limitation, signage, drainage, underground utilities, paved streets and alleys, planting, curbs, gutters, •lgn ���'w` er t .Ithr�sn sidewalks, street lights, traffic circ u lic transpo tion facilities, parking, etc.) in the area of the above -described property or to reimburse the City of Aspen directly upon demand therefor if the City should choose to construct these improvements without the formation of such a district. 4�w _ " 4. These con�eirs, are to run with the land and are bind- I' Covenantor personal representatives, successors and assigns and may not be released or modified in any way except in a writing signed by the parties and adopted by a Resolution of the City Council of the City of Aspen. 5. The conditions are stipulated to be in consideration for land -use approvals requested by Covenantor and granted by the City. Dated this day of , 1983. ATTEST: Kathryn S. Koch APPROVED AS TO FORM: City Attorney William L. Stirling, Mayor COVENANTOR: Sheldon M. Gordon Iw6" K(n� - _-.0 I, Kathryn S. Koch, do hereby certify that the foregoing Statement of Exception from the Full Subdivision Process and Exemption from GMP for a "Lot Split", was considered and approved by the Aspen City Council at its regular meeting held August 8, 1983, at which time the Mayor, William L. Stirling, was authorized to execute the same on behalf of the City of Aspen. Kathryn S. Koch, City Clerk M USICK AND COPE _ A ATTORNEYS AT LAW`� JOHN O. MUSICK, JR. ARAPAHOE PARK JOSEPH A. COPE 4141 ARAPAHOE AVENUE P. O. BOX 4579 ROBERT F. WIGINGTON July 25, 1983 BOULDER, RICHARD M. FOSTER, JR. TELEPHONEE (3031 303) 44 80306 47-1974 ROBERT C. KERR (COLO) I -BOO 332-2I40 DIRK W. NELSON Mr. Richard Grice City of Aspen Planning Department 130 South Galena Aspen, CO 81611 Res Gordon Subdivision Dear Richard: Per your request, this letter sets forth the information which we have in our files on the Riverside Ditch, the policy of the City of Aspen on water rights dedication, and our recommendations as to Aspen's acquisition of some interest in this right as part of the Gordon Subdivision approval. 1. Riverside Ditch Information. Priority No. 287 for 3 cfs for the Riverside Ditch was decreed in Civil Action 3082 on August 25, 1936, and was given a June 1, 1888 appropriation date. The statement of claim in this proceeding indicates that 30.8 acres were irri- gated or proposed to be irrigated under this ditch, and that there were nine original claimants in the ditch. Although domestic uses were claimed for the Riverside Ditch, it was decreed for irrigation only. The Riverside ditch diverts from the north bank of the Roaring Fork River very close to Aspen's eastern municipal boundary. It is situated above the headgate for the City's East Aspen and Wheeler Ditch and below the headgate of the Salvation Ditch, and diverts from a critical reach of the river which sometimes suffers from insufficient minimum stream flows due to diversions by the Twin Lakes Company and the Salvation Ditch. The relatively late adjudication of this right leaves it in a somewhat junior position in this reach of the river with a Basin Rank of 3076, although it is still senior to the last enlargement of the Salvation Ditch for 38.5 cfs (Basin Rank 3182), and the entirety of the Twin Lakes Transmountain Diversion System (Basin Rank 3184). As with all of the ditches in the Aspen area, the diver- sion records for the Riverside Ditch are extremely sketchy, and hardly reliable. Nevertheless there are records which show the diversion of the full 3 cfs decreed amount for the Riverside Ditch throughout the irrigation season in 1970 0 * 0 M USICK AND COPE Mr. Richard Grice July 25, 1983 Page Two through 1972. The record for 1973 indicates that the "area previously irrigated is developed by housing." There is no record of use in 1974, and the average diversions in 1975 and 1976 drop to 1 cfs. There are no diversion records for the Riverside Ditch prior to 1970, and we have not checked for diversion records subsequent to 1976. You indicated that the lot which will be subdivided con- sists of 3.27 acres, and that it is all situated below the Riverside Ditch and could have been irrigated by this ditch. This amount of acreage is very close to 1/9 of the original 30.8 acres claimed for the ditch. The situation and extent of this acreage is certainly consistent with Gordon's repre- sentation that he owns 1/9 of the Riverside Ditch. Such a 1/9 interest would entitle Gordon to about .3 cfs of Riverside Ditch diversions, and if such diversions were made throughout a normal irrigation season, would amount to about 100 acre feet per year of diversions. The consumptive use of irrigation diversions in the Aspen area is usually fairly low because of the highly porous nature of the soil, especially in the river bottoms, and it is unlikely that more than 20% to 30% of the Riverside diversions are used consumptively. This means that the consumptive use attributable to Gordon's 3.27 acres is 20 to 30 acre feet per year at best. 2. Dedication Policies. a. Resolution 2 (Series of 1976). This resolu- tion sets forth Aspen's presently adopteg_water--r-i s- c A cop�is__enc_losed. ,It requires the City Administration to acquire or provide for the future acquisi- tion of any water rights historically benefitting lands pro- posed for annexation, subdivision within the city, or other development when such acquisition would meet a number of / water management objectives. The resolution states, however, that the involuntary dedication of any such water rights is not required, and that the method of acquisition shall be---' determined on case by case basis in the City Manager'-s-''' discretion. - b. Proposed Water Rights Dedication Ordinance. The Aspen Water Management Plan contemplates the dedication of water rights equal to the potential demand on the City's treated water supply system, an option to purchase or a right of refusal on any amount of water right in excess of this potential demand, and the potential lease -back of such an excess if it is acquired by the City but is not necessary for the City's immediate use. This aspect of the Water • MUSICK AND COPE is Mr. Richard Grice July 25, 1983 Page Three Management Plan was to be implemented by a-water_ris3hf dedi- cation ordinance_ -.A copy of the proposed ordinance is :enclosed. As you know, the basic concepts for this ordinance are endorsed in the Water Management Plan. We understand, however, that the City Council has yet to act on this ordi- ��ance . . This proposed ordinace may nontheless provide some use- ful rules of thumb. First, it establishes a basic water rights dedication requirement of .2 acre feet of year of historic consumptive use for each EQR of treated water demand associated with any new development. This requirement must be met by the dedication of water rights which permit enough diversions to yield this much consumptive use to the City. The ordinance indicates that it does not apply to a person seeking treated water service from the City who is the owner of the real estate to be served and only l single family dwelling will be located on this real estate. The proposed ordinance also suggests basic terms for an option to purchase and a right of first refusal on excess water rights. 3. Recommendations for the Gordon Subdivision. Under the proposed ordinance in the Water Management Plan, the dedication requirement for the Gordon Subdivision would be quite small. Assuming, on a conser- vative basis, that the Gordon Subdivision will increase the demand on the City's treated water supply system by 2 EQR, the dedication requirement would be .4 acre feet of consump- tive use per year which could translate into a diversion requirement of about 2 acre feet per year. This would be about 1/50 of the consumptive use and diversions for the Gordon Subdivision calculated above. Moreover, the Gordon Subdivision would probably be exempt from the .2 acre feet of consumptive use per year dedication requirement under the proposed ordinance because Gordon is only seeking water ser- vice for 1 single family unit, on his own land. Even if the Gordon Subdivision was not exempt under the proposed ordi- nance, the City could not require any kind of water rights dedication as a condition of approval for the Gordon Subdivision since the proposed ordinance has apparently not yet been adopted and because the 1976 resolution is still in force. Still, we think it is entirely appropriate under the 1976 resolution for the City to explore the acquisition of the Gordon interest in the Riverside Ditch on a basis which is mutually beneficial to Gordon and the City. The Riverside • MUSICK AND COPE • Mr. Richard Grice July 25, 1983 Page Four Ditch is important to the City's interest because it could call out both the Twin Lakes System, and the last enlargement of the Salvation Ditch, and could therefore be used by the City to maintain minimum stream flows in a critical reach of the Roaring Fork River. Keeping the Roaring Fork alive as it flows through town and past the Gordon Subdivision should also enhance the value of that and other similarly situated private holdings. Moreover, the City could use the Riverside Ditch to help keep its other more junior Roaring Fork water rights in priority in the event of a "Cameo" or Colorado River Compact call. Accordingly, we recommend that the City use the for t __y we developed in the "Droste" acquisition on Hunter Creek in, seeking to acquire all of the Gordon interest irl-_the_ 4Zivers_ide Ditch. Such an acquisition would include the lease -back of any portion of the right which could be put to historic irrigation use on the Gordon Subdivision. The con- sideration for such an acquisition should reflect that very little of the water is necessary to offset the increased demands which the Gordon Subdivision will place on the City's treated water supply system, and the fact that the primary purpose of the acquisition and lease -back would be for mini- mum stream flow maintenance, back up of City priorities during times of emergency drought conditions, and the main- tenance of historic irrigation practices. At the very least, the City should seek either an extended option on the purchase of the entire Gordon interest in the Riverside Ditch or a right of first refusal. -'-- You should also know that Tam Scott has been retained as Gordon's water lawyer in this matter, and that Tam has con- tacted us to express his concern abolC the City's water_._ rights dedication policies. I told him about the rules of humb in the proposed water rights dedication ordinance, and explained that the City did not have an acutual dedication requirement per the 1976 resolution. I assured him that the City intended to treat his client fairly and flexibly and that any water right acquisition associated with the approval of the Gordon Subdivision would have to be on a mutually beneficial basis. I have sent him a copy of the 1976 resolu- tion, and the proposed ordinance. You may also want to give him a copy of this letter, if he has any further questions about the City's position. Please call if you have any questions. •MUSICK AND COPE Mr. Richard Grice July 25, 1983 Page Five Very truly yours, MUSICK AND COPE By Rob rt F. Wigingto RFW:ces Enclosure cc: Mr. Wayne Chapman (w/o encl.) Paul Taddune, Esq. (w/o encl.) • MUSICK AND COPE JOHN D. MUSICK, JR JOSEPH A. COPE ROBERT F. WIGINGTON RICHARD M. FOSTER, JR ROBERT C. KERR DIRK W. NELSON Fitzhugh Scott, Esq. 117 South Spring Street Aspen, CO 81611 Dear Tam: ATTORNEYS AT LAW July 25, 1983 Re: Gordon Subdivision JUL 2 7 REcb ARAPAHOE PARK 4141 ARAPAHOE AVENUE P. O. BOX 4S79 BOULDER, COLORADO 80306 TELEPHONE (303) 447-1974 (COLO) 1-800 332-2140 Per your request, I am enclosing a copy of the City's 1976 resolution regarding water rights dedication, and of the proposed water rights dedication ordinance contemplated by Aspen's Water Management Plan. Please call if you have any questions. Very truly yours, MUSICK AND COPE By R ert F. Wigingt RFW:ces Enclosure cc; Mr. Wayne Chapmaii ( w/ o enci . ) Paul Taddune, Esq. (w/o encl.) Mr. Richard Grice (w/o encl.) 0 STATEMENT OF EXCEPTION FROM THE FULL SUBDIVISION PROCESS AND EXEMPTION FROM THE GROWTH' MANAGEMENT QUOTA SYSTEM (GMP) FOR A "LOT SPLIT" FOR THE GORDON SUBDIVISION WHEREAS, SHELDON M. GORDON (herein "Covenantor") is the owner in fee simple of the real property (and the improvements thereon) situated in the City of Aspen, Pitkin County, Colorado, more par- ticularly described as follows: Lots 1 and 2, Gordon Subdivision &rcep c n, City of Aspen, itkin Coun , Colorado CatltO -zn- sae at d in Pt^� Book ,,4�'Page recorc�b ' the-�-�tkin c'� Ark and Pcnrr3ar; anri 1 WHEREAS, the Covenantor has requested an exception from the full subdivision process, pursuant to Section 20-1.9 of the Aspen Municipal Code, as amended (the "Code"), and an exemption from the Growth Management Quota System (GMP), pursuant to Section 24-11.2 of the Code, as amended, for a "lot split", and WHEREAS, the City Council of the City of Aspen determined at its meeting of August 8, 1983, that such exception and exemption were appropriate and granted the requests subject, however, to certain conditions; NOW, THEREFORE, the City Council does hereby grant the requested "lot split" subdivision exception and GMP exemption in consideration of and subject to the following: 1. Covenantor acknowledges that the "lot split" subdivision exception and GMP exemption is a one -time -only approval, that development on the lots is limited to the present single-family• residence on Lot 1 and a new single-family residence on Lot 2 and �_ that no further subdivision or development is permitted with applicable approvals pursuant to Chapter 20 and Section 24-11.1 et app PP — seq. of the Code. 2. Prior to such time as Covenantor (or his heirs, succes- sors or assigns) applies for municipal water utility service for ze7f. z__ ec erty, he shall (a) convey to the City of Aspen 2 "EQR" of water per residence ^from the Riverside Ditch, which water right may be leased back to Covenantor for $2.00 a year subject to availability; (b) enter into an Agreement with the City of Aspen to construct at his own cost a water line extension (including adequate fire protection) according to the City's then -existing water line extension and service policies and specifications, which agreement should provide, at least, for 100% security for the construction, one-year warranty of the work, and conveyance of the line by bill of sale upon acceptance there by the City; and �l (c) Covenantor shall grant to the City aright of first refusal of all water rights, ditches and ditch rights, wells and well rights v L appurtenant to prep,-_ ty or used in connection with it in o� excess of the conveyance in 2(a) above, in the event the water rights are to be sold independently of the land, for a period of ten 110) years from the acceptance of the water extension line. 3. In the event that any municipal improvement or improve- ments of a kind contemplated in Section 20-16 of the Code, as amended, became, in the sole judgment or discretion of the City Council, necessary or desirable to the area of the abdc%-described property, Covenantor will make no objection to any speciallt asess- ment or special tax or proceeding therefor on the basis that the property is adequately serve by existing improvements and/or on the basis that the premises will not be served or benefited by the improvement or improvements proposed. Covenantor further agrees to join, upon the demand therefor by the City, any special improvement district, urban renewal district, or downtown develop- ment district formed for construction of such improvements J (including, without limitation, signage, drainage, underground utilities, paved streets and alleys, planting, curbs, gutters, sidewalks, street lights, traffic circulation, public transporta- tion facilities, parking, etc.) in the area of the above -described property or to reimburse the City of Aspen directly upon. demand ' therefor if the City should choose to construct these improvements without the formation of such a district. � A 4. These conditions #re to run with the land and are bind- ing owcovenantor's heirs, personal representatives, successors and assigns and may not be released or modified in any way except in a writing signed by the parties and adopted by a Resolution of the City Council of the City of Aspen. � .Rr-tiQ-zl-lews 5. The conditions are stipulated tahe---in-consi-&-- tion for land -use approvals requested by Covenantor and granted by the City. - Dated this day of 1 1983. ATTEST: Kathryn S. Koch r APPROVED AS TO FORM: City Attorney William L. Stirling, Mayor COVENANTOR: Sheldon M. Gordon I, Kathryn S. Koch, do hereby certify that the foregoing Statement of Exception from the Full Subdivision Process and Exemption from GMP for a "Lot Split", was considered and approved by the Aspen City Council.at its regular meeting held August 8, 1983, at which time the Mayor, William L. Stirling, was authorized to execute the same on behalf of the City of Aspen. Kathryn S. Koch, City Clerk 1+3� �� ICl kjt v 1 0 af��6 eV STATEMENT OF EXCEPTION FROM THE FULL SUBDIVISION PROCESS AND EXEMPTION FROM THE GROWTH MANAGEMENT QUOTA SYSTEM (GMP) FOR A "LOT SPLIT" FOR THE GORDON SUBDIVISION WHEREAS, SHELDON M. GORDON (herein "Covenantor") is the owner in fee simple of the real property (and the improvements thereon) situated in the City of Aspen, Pitkin County, Colorado, more par- ticularly described as follows: Lots 1 and 2, Gordon Subdivision.fimt i City of Aspen, �t ` ,6 Pitkin County, Colorado, Plat thereof in QiCt Plat Book J,1 Page o the recor of 4q0Pe Pitkin Count+ and NO'��'� WHEREAS, the Covenantor )has requested an exception from the full subdivision process, pursuant to Section 20-19 of the Aspen Municipal Code, as amended (the "Code"), and an exemption from the Growth Management Quota System (GMP), pursuant to Section 24-11.2 of the Code, as amended, for a "lot split", and WHEREAS, the City Council of the City of Aspen determined at its meeting of August 8, 1983, that such exception and exemption were appropriate and granted the requests subject, however, to certain conditions; NOW, THEREFORE, the City Council does hereby grant the requested "lot split" subdivision exception and GMP exemption in consideration of and subject to the following: 1. Covenantor acknowledges that the "lot split" subdivision exception and GMP exemption is a one -time -only approval, that development on the lots is limited to the present single-family residence on Lot 1 and a new single-family residence on Lot 2 and that no further subdivision or development is permitted without applicable approvals pursuant to Chapter 20 and Section 24-11.1 et seq. of the Code. 2. Prior to such time as Covenantor (or his heirs, personal representatives, successors or assigns) receives municipal water lot A' corsJe" $AS utility service for Ahe 5 %1 #Feed and as a condition precedent thereto, he shall (a convey to the City of Aspen 2 "EQR" of water per residence from the Riverside Ditch, which water right may be leased back to Covenantor for $2.00 a year subject to availability; (b) enter into an Agreement with the City of Aspen to construct at his own cost a water line extension (including adequate fire protection) according to the City's then -existing water line extension and service policies and specifications, which agreement should provide, at least, for 100% security for the construction, one-year warranty of the work, and conveyance of the line bX bill of sale upon acceptance thereof by the City and v the payment of then -existing customer costs including service line costs, metering, tap fees, utility connection charges and water consumption charges; and (c) Covenantor shall rant to the Cit a rig irs re a 1 water rights, di c es and d' !,e-f Z tcca bMOM . rights, wells and well rights appurtenant to or use in connection with it in excess of the conveyance in 2(a) above, tK in the event the water rights are to be sold independently of the V" land, for a period of ten (10) years from the acceptance of the water extension line.r�a+du^S C ro* �a�hw.h.5 �i"?j �+ ►4 ��% 4��'"1°'u '� 3. In the event that any municipal improvement or improve- ments of a kind contemplated in Section 20-16 of the Code, as amended, became, in the sole judgment or discretion of the City Council, necessary or desirable to the area of the above -described property, Covenantor will make no objection to any special asess- ment or special tax or proceeding therefor on the basis that the property is adequately served by existing improvements and/or on the basis that the premises will not be served or benefited by the improvement or improvements proposed. Covenantor further agrees to join, upon the demand therefor by the City, any special improvement district, urban renewal district, or downtown develop- ment district formed for construction of such improvements (including, without limitation, signage, drainage, underground :7 • utilities, paved streets and alleys, planting, curbs, gutters, sidewalks, street lights, traffic circulation, trails, recreation or open spaces facilities, public transportation facilities, park- ing, etc.) in the area of the above -described property or to reim- burse the City of Aspen directly upon demand therefor if the City should choose to construct these improvements without the forma- tion of such a district. 4. These conditions are covenants to run with the land and are binding on Covenantor, his heirs, personal representatives, successors and assigns and may not be released or modified in any way except in a writing signed by the parties and adopted by a Resolution of the City Council of the City of Aspen. 5. The conditions are stipulated to be in consideration for land -use approvals requested by Covenantor and granted by the City. Dated this day of ATTEST: Kathryn S. Koch APPROVED AS TO FORM: City Attorney . 1983. William L. Stirling, Mayor COVENANTOR: Sheldon M. Gordon _ STATE OF COLORADO ) ) ss. County of Pitkin ) The foregoing instrument was acknowledged before me this day of , 1983, by Sheldon M. Gordon. WITNESS MY HAND AND OFFICIAL SEAL. My commission expires: otary Public Address I, Kathryn S. Koch, do hereby certify that the foregoing Statement of Exception from the Full Subdivision Process and Exemption from GMP for a "Lot Split", was considered and approved by the Aspen City Council at its regular meeting held August 8, 1983, at which time the Mayor, William L. Stirling, was authorized to execute the same on behalf of the City of Aspen. Kathryn S. Koch, City Clerk 9 • STATEMENT OF EXCEPTION FROM THE FULL SUBDIVISION PROCESS AND EXEMPTION FROM THE GROWTH MANAGEMENT QUOTA SYSTEM (GMP) FOR A "LOT SPLIT" FOR THE GORDON SUBDIVISION WHEREAS, SHELDON M. GORDON (herein "Covenantor") is the owner in fee simple of the real property (and the improvements thereon) situated in the City of Aspen, Pitkin County, Colorado, more particularly described as follows: Lots 1 and 2, Gordon Subdivision, City of Aspen, Pitkin County, Colorado, according to the Plat thereof recorded in Plat Book at Page , Reception No. of the records of Pitkin County; and WHEREAS, the Covenantor has requested an exception from the full subdivision process, pursuant to Section 20-19 of the Aspen Municipal Code, as amended (the "Code"), and an exemption from the Growth Management Quota System (GMP), pursuant to Section 24-11.2 of the Code, as amended, for a "lot split", and WHEREAS, the City Council of the City of Aspen determined at its meeting of August 8, 1983, that such exception and and exemption were appropriate and granted the requests subject, however, to certain conditions; NOW, THEREFORE, the City Council does hereby grant the requested "lot split" subdivision exception and GMP exemption in consideration of and subject to the following: 1. Covenantor acknowledges that the "lot split" subdivision exception and GMP exemption is a one -time -only approval, that development on the lots is limited to the present single-family residence on Lot 1 and new a single-family residence on Lot 2 and that no further subdivision or development is permitted without applicable approvals pursuant to Chapter 20 and Section 24-11.1 et seg. of the Code. 2. Prior to such time as Covenantor (or his heirs, personal representatives, successors or assigns) receives municipal water utility service for Lot 2, and as a condition precedent thereto, he shall (a) convey to the City of Aspen 2 "EQR" of water per residence (or .2 acre feet per year of historic consumptive use) from the Riverside Ditch, which water right may be leased back to Covenantor for $2.00 a year subject to availability; (b) enter into an Agreement with the City of Aspen 0 • to construct at his own cost a water line extension (including adequate fire protection) according to the City's then existing water line extension and service policies and specifications, which agreement should provide, at least, for 100% security for the construction, one-year warranty of the work, and conveyance of the line by bill of sale upon acceptance thereof by the City and the payment in full of then -existing customer costs including service line costs, metering, tap fees, utility connection charges and water consumption charges; and (c) Covenantor shall grant to the City a right of first refusal (such right to be excerciseable for a 30 day period following written notice to the City from Covenantor of receipt of a bonafide offer) for all water rights, ditches and ditch rights, wells and well rights appurtenant to Lot 2 or used in connection with it in excess of the conveyance in 2(a) above, in the event the water rights are to be sold independently of the land, for a period of ten (10) years from the acceptance of the water extension line. The parties agree that the City shall pay the costs of the preparation and recording (but not the Covenantors cost of review) the conveyance of leasing documents described in 2 (a) and 2 (c) . 3. In the event that any municipal improvement or improvements of a kind contemplated in Section 20-16 of the Code, as amended, became, in the sole judgement or discretion of the City Council, necessary or desirable to the area of the above -described property, Covenantor will make no objection to any special asessment or special tax or proceeding therefor on the basis that the property is adequately served by existing improvements and/or on the basis that the premises will not be served or benefited by the improvement or improvements proposed. Covenantor further agrees to join, upon the demand therefor by the City, any special improvement district, urban renewal district, or downtown development district formed for construction of such improvements (including, without limitation, signage, drainage, underground 0 • CITY OF ASPEN 130 south galena street aspen, Colorado 81611 303-925 -2020 MEMORANDUM To: Chuck Roth From: Gary Esarye� — Re: Gordon Lot split Date: August 12, 1983 Paul J. Taddune City Attorney <,ary S. Esiry Assistant City Attorney Peggy Carlson Administrative Assistant Chuck, by this time you should have the original mylar and original Statement of Exception. Please check the mylar for the changes we requested and overall conformance with our code and oversee the execution of the documents on behalf of the City (Mayor, Clerk, Engineering). Once the documents are fully executed, including execution by Tam Scott acting as attorney -in -fact for Mr. Gordon, you should make copies and then deliver them only into the hands of a title company representative with instructions that no changes are to be made in the documents up to and through recording. Then instruct the title company to call someone from our Clerk's office to go over with them when they are ready to record, so we can be there (per the Code), check the documents for changes and fill out the information on our copy of the mylar. You might want to go with the Clerk (I sometimes do) just to see what goes on. The order of recording from the City's point of view should be (1) original power of attorney signed and acknowledged by Sherldon M. Gordon appointing Tam Scott as attorney -in -fact to exeucute real estate documents affecting the property; (2) the Statement of Exception, fully executed with the blanks filled in; and (3) the Plat, fully executed withe blanks fill in on the original and our copy. I should be back around 3 if any problems develop. Feel free to provide the title company with a copy of this. thanks, cc: City Clerk • SUBDIVISION AGREEMENT GORDON SUBDIVISION THIS AGREEMENT, made this day of 1979, by and between THE CITY OF ASPEN, COLORADO (hereinafter sometimes called "City") and SHELDON M. GORDON (hereinafter sometimes called "Subdivider"). W I T N E S S E T H: WHEREAS, the Subdivider has submitted to the City for approval, execution, and recordation,.the final subdivision plat of a 3.086 acre tract of land situated partly in the Riverside Placer, MS 3905 A.M., and Tract B, Aspen Townsite Addition, Section 18, Township 10 South, Range.84 West of the Sixth Principal Meridian, City of Aspen, Pitkin County, Colorado, designated as Gordon Subdivision ("the Plat"); and, WHEREAS, said Plat encompasses land located within an area in the City zoned R-15; and WHEREAS, the City has fully considered such Plat, the L. proposed development and the improvement of the land therein, and the burdens to be imposed upcn other adjoining or neighboring properties by reason of the proposed development and improvement of land included in the Plat; and WHEREAS, the City is willing to approve, execute, and accept for recordation that Plat upon agreement of the Subdivider to the matters hereinafter described, and subject to all the requirements, terms, and conditions of the City of Aspen Subdivision Regulations now in effect and other .laws, rules and regulations as are applicable; and WHEREAS, the City has imposed conditions and requirements in connection with its approval, execution and acceptance for recordation of the Plat, and that such matters are necessary to protect, promote, and enhance the public welfare; WHEREAS, under the authority of Section 20-16(c) of the Municipal Code of the City, the City is entitled to assurance that the matters hereinafter agreed to will be faithfully performed by the Subdivider. NOW, THEREFORE, in consideration of the premises, the mutual covenants herein contained, and the approval, execution and acceptance of the Plat for recordation by the City, it is agreed as follows: 1. The Subdivider, at his sole expense, shall construct and install the physical facilities necessary for the extension of water service to his property as schematically shown on the Plat and as detailed in the "Technical Specifications for Water Line Installation" and on the "Map of Water Line Extension" (Job #79226), as prepared by Eldorado Engineering Company of Glenwood Springs, Colorado dated July, 1979 (revised ,1979). The installation of these facilities shall be completed on or before October 1, 1930. Final construction plans and specifications shall be submitted to the City i Engineer and shall be approved by the City Engineer prior to the commencement of any construction by the Subdivider. 2. Engineering inspection services during construc- tion of the facilities as set forth in paragraph one shall be provided by the design engineer (Eldorado Engineering Company of Glenwood Springs, Colorado) and shall be of sufficient frequency and detail to allow the design engineer to certify in writing his acceptance of the completed facilities in accordance with the approved plans and specifications to the City Engineer. The City, at its sole discretion, may provide additional inspections, not to exceed five hours per week. The actual cost, not to exceed $17.50 per hour, of such engineering inspection services as completed by the City, shall be at the sole expense of the developer and shall be billed periodically by the City. The Subdivider - 2.- shall notify the City Engineer a minimum of ten days prior to commencement of construction. Inspection, acquiescence in, or approval by any engineering inspector provided by the City shall not constitute approval by the City of any phase of construction. 3. Upon completion of construction in conformity with the plans and specifications and any proper, approved changes, the Subdivider shall convey by bill of sale to the City all physical facilities necessary for the extension of water services as the City, in its sole discretion, desires. All new improvements shall be warranted by Subdivider for a period of one year against defects or failure. The City's final acceptance of the physical facilities shall be contingent upon receiving any necessary easements for new facilities constructed and receiving as -built surveys and plans as prepared by the design engineer. 4. Subject to the conditions contained in this paragraph, Subdivider shall provide for the estimated costs for construction of the water utility physical facilities and the provision of engineering services as agreed to in paragraphs one and two above. In order to secure the performance of the construction and installa- tion of the physical facilities herein agreed to, and to guarantee no less than 100% (one hundred percent) of the current estimated cost of the improvements, including engineering and inspection, agreed by the City Engineer to be $30,070.00 (thirty thousand seventy dollars), Subdivider shall guarantee through a conven- tional lender, or by sight draft or letter of commitment from a financially responsible lender (irrevocable until the construction is completed) that funds in the amount of the estimated costs of construction are held by it for the account of the Subdivider for the construction and installation of improvements hereinabove described. In the event, however, that any portion of the improvements - 3 - have not'beenostalled according to the 0nditions contained herein, then, and in that event, the City may have such remaining work and improvements completed by such means and in such manner, by contract with or with- out public letting, or otherwise, as it may deem advisable, and the lender agrees to reimburse the City out of the funds held by it for the account of the Subdivider for the City's costs incurred in completing said work and improvements; provided, however, in no event shall the lender be obligated to pay the City more than the aggregate estimated sum for these improvements, less those amounts previously paid and approved by the City, by reason of default of the Subdivider in the performance of the terms, conditions, and covenants contained (herein this paragraph). However, the City waives no right to claim full compliance with the improvements required in excess of the estimated costs. From time to time as work to be performed and improvements to be constructed herein progress, the Subdivider may request that the City Engineer inspect i such work and improvements as are completed and may submit to City the costs of such completed work and improvements.. When the City Engineer is satisfied that such work and improvements as are required by the Subdivider to be completed, in fact have been completed in accordance with the terms hereof, the City Engineer will submit to the lender his statement that he,has no objection to the release by the lender of so much of the above -specified funds as is necessary to pay the costs of work performed and improvements installed pursuant to the terms of this Agreement, except that 10% (ten percent) of the estimated cost shall be withheld by the lender until all proposed improvements are completed and approved by the City Engineer. -4- IN WITNESS WHEREOF, the parties have hereto set their hands and seals on the date first above written. Attest: City of Aspen By: Sheldon M. Gordon -5- • CASELOAD SUMMARY SHEET City of Aspen No. Staff: PROJECT NAME: APPLICANT: �L E�'1 / G�� - Phone: REPRESENTATIVE: .'`GL�-, ,�'1GL12�� Phone: TYPE OF APPLICATION: I. GMP/SUBDIVISION/PUD (4 step) 1. Conceptual Submission 2. Preliminary Plat 3. Final Plat II. SUBDIVISION/PUD (4 step) 1. Conceptual Submission 2. Preliminary Plat 3. Final Plat III.EXCEPTION/EXEMPTION/REZONING (2 step) IV. SPECIAL REVIEW (1 step) 1. Special Review 2. Use Determination 3. Conditional Use REFERRALS: Attorney Engineering Dept. Housing Water City Electric FINAL ROUTING: (Fee) ($1,840) ($1,120) ($ 560) ($1,290) ($ 830) ($ 560) ($1,010) ($ 465) Date Referred: & " -a Sanitation District Mountain Bell Parks Holy Cross Electric Fire Marshall/Building Dept. Date Routed: Attorney Enginee rin Building Other I� School District Rocky Mtn. Nat -Gas State Hgwy. Dept. Fire Chief Other 3 DISPOSITION: CITY P&Z REVIEW: CITY COUNCIL REVIEW: CITY P&Z REVIEW: CITY COUNCIL REVIEW: Ordinance No. Ordinance No. BOOK i"6'J�o STATEMENT OF EXCEPTION 1..O�JEITA 3AWiER FROM THE FULL SUBDIVISION PROCESS F'lit:{,i O+f• ,ZECORDER AND EXEMPTION FROM THE GROWTH MANAGEMENT QUOTA SYSTEM (GMP) �UG I b g 22 AH '33 FOR A "LOT SPLIT" FOR THE GORDON SUBDIVISION WHEREAS, SHELDON M. GORDON (herein "Covenantor") is the owner in fee simple of the real property (and the improvements thereon) situated in the City of Aspen, Pitkin County, Colorado, more par- ticularly described as follows: Lots 1 and 2, Gordon Subdivision, City of Aspen, Pitkin County, Colorado, according to the Plat thereof recorded in Plat Book /,5—_, at Page 2S— , Reception No. zSZ39FS Pitkin County; and WHEREAS, the Covenantor has requested an exception from the full subdivision process, pursuant to Section 20-19 of the Aspen Municipal Code, as amended (the "Code"), and an exemption from the Growth Management Quota System (GMP), pursuant to Section 24-11.2 of the Code, as amended, for a "lot split", and WHEREAS, the City Council of the City of Aspen determined at its meeting of August 8, 1983, that such exception and exemption were appropriate and granted the requests subject, however, to certain conditions; NOW, THEREFORE, the City Council does hereby grant the requested "lot split" subdivision exception and GMP exemption in consideration of and subject to the following: 1. Covenantor acknowledges that the "lot split" subdivision exception and GMP exemption is a one -time -only approval, that development on the lots is limited to the present single-family residence on Lot 1 and a new single-family residence on Lot 2 and that no further subdivision or development is permitted without applicable approvals pursuant to Chapter 20 and Section 24-11.1 et sere . of the Code. 2. Prior to such time as Covenantor (or his heirs, personal representatives, successors or assigns) receives municipal water utility service for Lot 2 and as a condition precedent thereto, he • L�J eou 450 shall (a) convey to the City of Aspen an amount equivalent to 2 "EQR" of water per residence (or .2 acre feet per year of historic consumptive use) from the Riverside Ditch, which water right may be leased back to Covenantor for $2.00 a year subject to availa- bility; (b) enter into an Agreement with the City of Aspen to con- struct at his own cost a water line extension (including adequate fire protection) according to the City's then -existing water line extension and service policies and specifications, which agreement should provide, at least, for 100% security for the construction, one-year warranty of the work, and conveyance of the line by bill of sale upon acceptance thereof by the City and the payment in full of then -existing customer costs including service line costs, metering, tap fees, utility connection charges and water consump- tion charges; and (c) Covenantor shall grant to the City a right of first refusal (such right to be exercisable for a 30-day period following written notice to City from Covenantor of receipt of a bona fide offer) for all water rights, ditches and ditch rights, wells and well rights appurtenant to Lot 2 or used in connection with it in excess of the conveyance in 2(a) above, in the event the water rights are to be sold independently of the land, for a period of ten (10) years from the acceptance of the water exten- sion line. The parties agree that the City shall pay the costs of the preparation and recording (but not the Covenantor's cost of review) of the conveyance and leasing documents described in 2(a) and 2(c). 3. In the event that any municipal improvement or improve- ments of a kind contemplated in Section 20-16 of the Code, as amended, became, in the sole judgment or discretion of the City Council, necessary or desirable to the area of the above -described property, Covenantor will make no objection to any special asess- ment or special tax or proceeding therefor on the basis that the property is adequately served by existing improvements and/or on the basis that the premises will not be served or benefited by the improvement or improvements proposed. Covenantor further agrees 2 Book 450 ;;;E370 to join, upon the demand therefor by the City, any special improvement district, urban renewal district, or downtown develop- ment district formed for construction of such improvements (including, without limitation, signage, drainage, underground utilities, paved streets and alleys, planting, curbs, gutters, sidewalks, street lights, traffic circulation, trails, recreation or open spaces facilities, public transportation facilities, park- ing, etc.) in the area of the above -described property or to reim- burse the City of Aspen directly upon demand therefor if the City should choose to construct these improvements without the forma- tion of such a district. 4. These conditions are covenants to run with the land and are binding on Covenantor, his heirs, personal representatives, successors and assigns and may not be released or modified in any way except in a writing signed by the parties and adopted by a Resolution of the City Council of the City of Aspen. 5. The conditions are stipulated to be in consideration for land -use approvals requested by Covenantor and granted by the City. Dated this OF AST T:. {_S 'A L Kat tM* Wf Koc Jr' day of!Yr . , 1983. Ib William L. Stirli g, Mayor APPROVED/1S7TO FORM: Sivelsoi COVENANTOR: heldo M. Gordon 3 t -' 7�, I �c �� �r Qtfav k. � k� f BooK 450 Pxu- 371 STATE OF COLORADO ss. County of Pitkin The foregoin instrument was acknowledged before me this L�I-j day of 1983, for Sheldon M. Gordon by Fitzhugh Jott III, his attorney -in -fact. WITNESS MY HAND AND OFFICIAL SEAL. C My' -c&,;�nission expires: NOTARr Not r Ppblic You Addre'ss I, Kathryn S. Koch, do hereby certify that the foregoing Statement of Exception from the Full Subdivision Process and Exemption from GMP for a "Lot Split", was considered and approved by the Aspen City Council at its regular meeting held August 8, 1983, at which time the Mayor, William L. Stirling, was authorized to e�;eq,ute the same on behalf of the City of Aspen. 4 A N F S sA L. athryn S.'Koch, City Clerk *i w 0 4 0 0 0 • MEMORANDUM TO: Aspen City Council FROM: Richard Grice, Planning Office RE: Gordon Lot Split DATE: August 8, 1983 APPROVED AS TO FORM: This application requests a_lot split (two unit), subdivision of a 3.08 acre parcel located along Roaring Fork River at the south end of Riverside Avenue. The subdivision will result in the creation of Lot 1, .815 acres and Lot 2, 2.272 acres. The subject property is zoned R-15 PUD. Lot splits are a permitted exem tion rom the growth management plan (Section 24-11.2). Single fami y resiTences are permitted to e constructed on parcels created after the date of the adoption of the growth management plan, where the following conditions are met: "(1) The tract of land which was subdivided had a pre-existing dwelling, and (2) No more than two (2) lots were created by the subdivision." Qection 20-19 of the City Code permits the City Council to grant 5 an exception to subdivision procedures and to grant final subdivision approval when it "...deems certain requirements to be redundant, serve no public purpose and to be unnecessary in relation to the land use policies of the City of Aspen under the facts and circum- stances presented..." The Planning Office believes that the lot split subdivision before you is an appropriate circumstance for a subdivision exception. At the City Attorney's request, the applicant has acknowledged the one time onl nature of the requested�lot split and as in u ed restrictive language onp at giving notice of the one time only and single family residence restrictions. The plat contains a note which reads as follows: "No further subdivision may be granted for these lots nor additional units be built without receipt of an allocation pursuant to Section 24-11.1." The City Engineering Department suggested that the City negotiate on some of the water rights to the Riverside Ditch which the applicant owns in exchange for water service and that a water extension agreement be developed to cover the water line extension and fire hydrant to serve Lot 2. Some minor survey plat hanQ�i were suggested in Chuck Roth's memo of July 18, 1983 which should be made prior to recordation. Finally, the standard lmnrn,AmPn{ district language should be a condition of approval. With respect to the water rights dedication issue, the Planning Office contacted the City's water attorneys, Musick & Cope. According to Robert Wigington, an associate of Musick & Cope, the Gordon property has a right to a consumptive use of 20 to 30 acre/feet per year from the Riverside Ditch. He estimates that the additional single family residence will require the e uivalent of .2 acre/feet nPr .Par of historic consume 1ve use 2EQR). The Planning Office recommends that the applicant develop a subdivision exception agreement requiring the dedication to the City of an amount of water equal to the increase in the demand on the City's treated water supply by 2EQR. Furthermore, we recommend that this water right be leased back to the applicant at the rate of $2 per year in order that he might continue to use this water right for the irrigation of the subject property. Memo: Gordon Lot Split Page Two August 8, 1983 The Planning Office recommends you approve the Gordon lot split with the following motion: "Move to approve the Gordon lot split exception pursuant to Section 20-19(c) subject to the following conditions: 1. The applicant shall prepare a subdivision exception ^� agreement to be approved by the City Attorneypro tomb recordation of the plat which will include:J a. The applicant shall dedicate to the City of AspeN 2EQR of water from the Riverside Ditch and the City of Aspen will lease said water right back to the applicant at the rate of $2 per year, and b. The applicant shall install physical facilities necessary for the extension of water service and for fire protection to the property with water line plans and specifications to be approved by the Engineering Department. 2. The survey plat changes recommended by Chuck Roth in his memorandum of July 18, 1983 shall be made prior to recordation of the plat. 3. In the event that any municipal improvement or improvements of any kind contemplated in Section 20-16 of the Municipal Code of the City of Aspen, as amended, became, in the sole judgment or discretion of the City Council of the City of Aspen, necessary or desirable to the area of the above -described property, covenantors will make no objection to any special assessment or special tax or proceeding therefore on the basis that the property is inadequately served by existing improvements and/or on the basis that the premise will not be served or benefited by the improvement or improvements proposed. Covenantor further agrees to join, upon the demand therefore by the City, any special improvement district, urban renewal district, or downtown development district formed for construction of such improvements (including, without limitation, signage, drainage, underground utilities, paved streets and alleys, planting, curbs, gutters, sidewalks, street lights, traffic circulation, public transportation facilities, parking, etc.) in the area of the above -described property or to reimburse the City of Aspen directly upon demand therefore if the City should choose to construct these improvements without the formation of such a district." Of � z r `�- 10 AO Ys �,. 1�, w, W�� CO-ViLAL I cam - V- X-,[ (I I) - maw -IV.Ilk gt�� • MEMORANDUM • TO: Aspen City Council FROM: Richard Grice, Planning Office RE: Gordon Lot Split DATE: August 8, 1983 APPROVED AS TO FORM: AV This application requests a lot split (two unit) subdivision of a 3.08 acre parcel located along the Roaring Fork River at the south end of Riverside Avenue. The subdivision will result in the creation of Lot 1, .815 acres and Lot 2, 2.272 acres. The subject property is zoned R-15 PUD. Lot splits are a permitted exemption from the growth management plan (Section 24-11.2). Single family residences are permitted to be constructed on parcels created after the date of the adoption of the growth management plan, where the following conditions are met: "(1) The tract of land which was subdivided had a pre-existing dwelling, and (2) No more than two (2) lots were created by the subdivision." Section 20-19 of the City Code permits the City Council to grant an exception to subdivision procedures and to grant final subdivision approval when it "...deems certain requirements to be redundant, serve no public purpose and to be unnecessary in relation to the land use policies of the City of Aspen under the facts and circum- stances presented..." The Planning Office believes that the lot split subdivision before you is an appropriate circumstance for a subdivision exception. At the City Attorney's request, the applicant has acknowledged the one time only nature of the requested lot split and has included restrictive language on the plat giving notice of the one time only and single family residence restrictions. The plat contains a note which reads as follows: "No further subdivision may be granted for these lots nor additional units be built without receipt of an allocation pursuant to Section 24-11.1." The City Engineering Department suggested that the City negotiate on some of the water rights to the Riverside Ditch which the applicant owns in exchange for water service and that a water extension agreement be developed to cover the water line extension and fire hydrant to serve Lot 2. Some minor survey plat changes were suggested in Chuck Roth's memo of July 18, 1983 which should be made prior to recordation. Finally, the standard improvement district language should be a condition of approval. With respect to the water rights dedication issue, the Planning Office contacted the City's water attorneys, Musick & Cope. According to Robert Wigington, an associate of Musick & Cope, the Gordon property has a right to a consumptive use of 20 to 30 acre/feet per year from the Riverside Ditch. He estimates that the additional single family residence will require the equivalent of .2 acre/feet per year of historic consumptive use (2EQR). The Planning Office recommends that the applicant develop a subdivision exception agreement requiring the dedication to the City of an amount of water equal to the increase in the demand on the City's treated water supply by 2EQR. Furthermore, we recommend that this water right be leased back to the applicant at the rate of $2 per year in order that he might continue to use this water right for the irrigation of the subject property. • • Memo: Gordon Lot Split Page Two August 8, 1983 The Planning Office recommends you approve the Gordon lot split with the following motion: "Move to approve the Gordon lot split exception pursuant to Section 20-19(c) subject to the following conditions: 1. The applicant shall prepare a subdivision exception agreement to be approved by the City Attorney prior to recordation of the plat which will include: a. The applicant shall dedicate to the City of Aspen 2EQR of water from the Riverside Ditch and the City of Aspen will lease said water right back to the applicant at the rate of $2 per year, and b. The applicant shall install physical facilities necessary for the extension of water service and for fire protection to the property with water line plans and specifications to be approved by the Engineering Department. 2. The survey plat changes recommended by Chuck Roth in his memorandum of July 18, 1983 shall be made prior to recordation of the plat. 3. In the event that any municipal improvement or improvements of any kind contemplated in Section 20-16 of the Municipal Code of the City of Aspen, as amended, became, in the sole judgment or discretion of the City Council of the City of Aspen, necessary or desirable to the area of the above -described property, covenantors will make no objection to any special assessment or special tax or proceeding therefore on the basis that the property is inadequately served by existing improvements and/or on the basis that the premise will not be served or benefited by the improvement or improvements proposed. Covenantor further agrees to join, upon the demand therefore by the City, any special improvement district, urban renewal district, or downtown development district formed for construction of such improvements (including, without limitation, signage, drainage, underground utilities, paved streets and alleys, planting, curbs, gutters, sidewalks, street lights, traffic circulation, public transportation facilities, parking, etc.) in the area of the above -described property or to reimburse the City of Aspen directly upon demand therefore if the City should choose to construct these improvements without the formation of such a district." MEMORANDUM TO: Richard Grice, Planning Office FROM: Chuck Roth, Engineering Department e DATE: July 18, 1983 RE: Gordon Lot Split ---------------------------------------------------------- The Engineering Department has reviewed the above application, has reviewed the plat, has made a site inspection, and has the following comments: 1. This subdivision exemption application is a re -opening of an application that was tabled by Council on 11/12/79 at the applicants request. A number of items remain open from that time. a. In a memo of February 6, 1979, from the City Engineer to the City Attorney, the former suggested that the City should perhaps negotiate on water rights. b. In a memo of October 18, 1979, from the City Engineer to the Planning Office, the former enumerated some comments regarding the waterline extension. The waterline still needs to be extended to serve Lot 2 and to provide the fire hydrant shown on the plat, however, the extension is not required to be looped as it was in 1979. The subdivision exemption agreement will need to reflect similar water extension agreements as last time. Current waterline plans and specifications must be submitted to the Engineering Department. 2. Comments on the current plat submission are as follows: a. The property corners in the river need to be monumented with witness corners (CRS 73, 38-51- 101 (6)) . b. The floodplain call -out needs to be for the 100- year floodplain line. C. Label the point of beginning. d. Show as -built configuration of house. e. The language of the City approval certificate is unclear. Following "...this day of , 1983." Please add the language Signed this day of , 1983." Page Two July 18, 1983 Gordon Lot Split f. There is a dry pond apparently on the property. This is an improvement and needs to be indicated on the plat along with associated ditch or canal work. 3. Attached is a copy of the current improvement district language required by the Engineering Department to be in the subdivision exemption agreement. CR/co cc: Dan McArthur MEMORANDUM TO: Land Use File Gary Esary FROM: Jay Hammond, Assistant City Engineer DATE: May 23, 1983 RE: Standard Improvement District Covenant ------------------------------------------------- In the course of various land use processes the Engineering Department frequently requests that owners be required to join a future improvement district. In the past, we have generally tried to specify those types of improvements that may be needed in the area when requiring the covenant. In view of the ever growing number of improvements that could potentially be handled by such districts, and in the interest of future consistency, the City Engineering Department, in cooperation with the City Attorney's office, hereby promulgates the following standard language for all future land use approvals requiring such covenant: "In the event that any municipal improvement or improvements of a kind contemplated.in Section 20-16 of the Municipal Code of. the City of Aspen, as amended, became, in the sole judgement or discretion of the City Council of the City of Aspen, necessary or desirable to the area of the above described property, covenantors will make no objection to any special assessment or special tax or proceeding therefor on the basis that the property is adequately served by existing improvements and/or on the basis that the premises will not be served or benefited by the improvement or improvements proposed. Covenantor further agrees to join, upon the demand therefor by the City, any special improvement district, urban renewal district, or downtown development district formed for construction of such improvements (including, without limitation, signage , drainage, underground utilities, paved streets and alleys, planting, curbs, gutters, sidewalks, street lights, traffic circulation, public transportation facilities, parking, etc.,) in the area of the above -described property or to reimburse the City of Aspen directly upon demand therefor if the City should choose to construct these improvements without the formation of such a district". JH/co cc: Dan Lou Chuck s • CITY OF ASPEN, COLORADO ORDINANCE NO. SERIES OF 1980 AN ORDINANCE ENTITLED "THE WATER RIGHTS DEDICATION ORDINANCE OF 1980," ENACTING A NEW DIVISION 6 TO ARTICLE III OF CHAPTER 23 OF THE MUNICIPAL CODE OF THE CITY OF ASPEN, COLORADO, ENTITLED "WATER RIGHTS DEDICATION;" PROVIDING FOR THE DEDICATION OF WATER RIGHTS TO THE CITY IN EXCHANGE FOR THE EXTENSION OF WATER SERVICE BY THE MUNICIPAL WATER UTILITY. WHEREAS, the City Council desires to ensure the availability of a stable and secure supply of raw and treated water to all municipal users; and WHEREAS, the City must incur substantial costs in order to satisfy the rapidly expanding demands upon its water utility; and WHEREAS, the City Council deems it fair and equitable that the cost of water occasioned by municipal growth be borne by new water users. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: CUr rTnot 1 That a new Division -to Article III of Chapter 23 of the Municipal Code of the City of Aspen, Colorado, be and hereby is enacted to read as follows: ARTICLE III DIVISION -�. WATER RIGHTS DEDICATION Sec. 23-250. Title. This ordinance shall be known and may be cited as the City of Aspen Water Rights Dedication Ordinance. Sec. 23-251. Intent and purpose. It is the intent and purpose of this ordinance to further the goals of the City of Aspen Comprehensive Water Management Plan by requiring the dedication of water rights prior to the extension of treated or raw water service to new customers and to thereby assure an adequate and stable supply of water to the City of Aspen service area; to prevent the abandonment of water rights to the detriment of the City; to ensure the financial stability of the City water utility; and to promote the general welfare of the public. This Division, in part, provides a supplemental requirement for annexation pursuant to The Municipal Annexation Act of 1965, C.R.S. 1973, 31-8-101, et spec ., and is not to be construed as altering, modifying, eliminating, or replacing any requirements set forth in that Act. Sec. 23-252. Definitions. As used in this ordinance, unless the context otherwise requires: (a) "Annexation" means the act of attaching, adding, joining, or uniting a parcel of land to the legal entity known as the City of Aspen. (b) "Appurtenant" means belonging to, accessory or incident to, adjunct, appended, or annexed to. (c) "City" means the City of Aspen, Colorado. -2- (d) "City Council" means the City Council of Aspen, Colorado. (e) "City manager" means the City manager of Aspen, Colorado. (f) "Conveyance . . . of water rights" means the legal process by which legal title to the water rights to be dedicated is transferred to the City of Aspen by appropriate deed. (g) "Dedication" means an appropriation of an interest in land or water to some public use, made by the owner, and accepted for such use by or on behalf of the public. (h) "EQR" as used in this Division shall be defined as equivalent residential unit, as defined in Sec. 23-54(a), and as determined by reference to the table set forth in Section 23-58(b). (i) "Extensions of Service" means any extension of the municipal water utility for which a tapping charge is assessed. W "Historical use affidavit" means a document which sets forth the following information concerning the water rights proposed for dedication: (1) The name (s) and address (es) of the owners of the water rights proposed for dedication; (2) A legal description of the land to be annexed or provided with municipal water service; (3) The total number of acres to be annexed, subdivided, replatted, or provided with municipal water services and the current use of the property; (4) The total number of acres presently being irrigated and/or intended to remain in irrigation; -3- (5) A copy of all decrees concerning all water rights appurtenant to the property and/or all water rights proposed for dedication; (6) A copy of any legal decree or judgment which affects the title of those water rights entered since the owner received title to the water rights appurtenant to the property and/or proposed for dedication; (7) A copy of the documents by which the owner received title to the water rights apppurtenant to the property and/or proposed for dedication; (8) A copy of all diversion records of the water rights proposed for dedication; (9) The owner's statement as to the historic use of the water rights appurtenant to the property and/or proposed for dedication. (10) For those owners whose contemplated use of the land to be annexed, subdivided, replatted, or to receive municipal water service will involve a total EQR of greater than 20 EQR, an engineering analysis acceptable to the City of the historic use of the water rights proposed for dedication. The applicant shall not be permitted to avoid the requirement of this subsection by utilizing multiple filings or by staging the proposed development, and the applicant shall fully describe to the City the full contemplated development. (k) "Lease" means any grant for permissive use which results in the creation of a landlord -tenant relationship on a contractual basis. -4- (1) "Person" means an individual, a partnership, a corporation, a municipality, or any other legal entity, public or private. (m) "Plat" is an accurately surveyed map or chart of a piece of land subdivided into lots with streets, alleys, roads, and other such avenues of transportation delineated thereon and drawn to a scale. (n) "Replat" means to make a change in the original plat. (o) "Subdivide" means to separate into smaller divisions a tract of land into two (2) or more lots, tracts, parcels, sites, separate interests in common, condominium interests or other divisions for the purpose, whether immediate or future, of transfer of ownership, or for building or other development, or for street use by reference to such subdivision or a recorded plat thereof. (p) "Sufficient legal priority" means that the water rights proposed for dedication may be reasonably expected to provide a dependable water supply throughout the season of use in the amount for which they are decreed. In making this determination, factors to be considered shall include, but not by way of limitation, the adjudication date and appropriation date of the water rights, the decreed use (s) , the historic use of the water under the decree, the physical flow available, and the administration practices of the Office of the State Engineer. (q) "Transfer of water rights" means the conveyance of legal title to water rights to the City of Aspen in addition to referring to all actions required under the laws of the State of Colorado to be brought in the water court to ensure that the dedication requirement is fulfilled. Such -5- action may include, but not by way of exclusion or limitation, a change in the type, place, or time of use, a change in the point of diversion, a change from a fixed point of diversion to alternate or supplemental points of diversion, a change from alternate or supplemental points of diversion to a fixed point of diversion, a change in the means of diversion, a change in the place of storage, a change from direct application to storage and subsequent application, a change from storage and subsequent application to direct application, a change from a fixed place of storage to alternate places of storage, a change from alternate places of storage, or any combination of such changes. "Transfer of water rights" includes transfer of conditional water rights, as well as transfer of water rights. (r) "Water right" means a decreed right to use in accordance with its priority a certain portion of the waters of the State by reason of the appropriation of the same. Sec. 23-253. Basic dedication requirement. (a) A dedication or transfer of direct flow and/or storage water rights to the City shall be required prior to the approval of the annexation of any land to the City, prior to approval of the subdivision of any land previously annexed and, whether within or without the geographic boundaries of the City, prior to all new extensions of municipal treated water service or for all new extensions of raw water service. (b) The basic requirement shall be: IN .2 AF/year of historic consumptive use, of a water right of sufficient legal priority and historic use, as determined by the City manager, for each EQR calculated under Sec. 23-58. Raw water or other uses not calculated under Sec. 23-58 shall dedicate the quantity of water rights of sufficient legal priority and historic use to be required ultimately in the satisfaction of the use or uses contemplated by the new user. (c) The basic requirement shall be satisfied by the person seeking the approval of the. annexation of any land to the City or the subdivision or replatting of any land previously annexed or seeking any new extension of municipal treated water service or raw water service which will thereafter be used for domestic purposes whether or not the person will be the ultimate user (s) . (d) Sufficient quantity of water shall be dedicated so as to enable the City to divert a quantity of water at any point of diversion it may determine, which will allow for the use by the City of the quantities set forth in subsection (b) hereof. Sec. 23-254. Dedication of open space. The owner of any property proposed to be annexed or subdivided who dedicates property to the City to be used for open space, park, aesthetic, recreation, or irrigation purposes shall also dedicate to the City water of sufficient legal priority to allow irrigation of said property for the proposed dedication purposes. -7- Sec. 23-255. Exceptions. (a) The City manager shall have the authority to substitute or waive any conditions or requirements deemed necessary to meet the purposes of this section. (b) This Division shall not apply to a single family dwelling unit seeking new municipal treated water service where the person seeking such service is the owner of the real estate to be served and only one dwelling unit will be located upon the real estate. (c) This Division does not apply to the extension of new municipal treated water service or raw water service for which the basic dedication L requirement has been previously comphled with by any person. Sec. 23-256. Procedure. (a) In accordance with the basic requirements set forth in Sec. 23-253, the City manager shall determine, after consultation with a person or persons skilled in the knowledge of water rights, whether the water rights proposed for dedication pursuant to the provisions of this Division will be of sufficient legal priority under the laws of the State of Colorado to ensure the City's ability to meet the service demands of the new user. This determination will be aided by an historic use affidavit which shall be provided by the new user. (b) The City shall have the right, in its sole discretion, to accept or reject any water rights proposed for dedication pursuant to the provisions of this Division which the City manager has determined do not have sufficient legal priority. If the City manager determines that the water rights proposed fail to satisfy the basic dedication requirement, the following alternatives, or combination thereof, may be used to otherwise satisfy the basic dedication requirement: (1) The person required to comply with the basic dedication requirement may pay to the City a cash amount equal to the fair market value of the water rights necessary to satisfy the basic dedication requirement. (2) The City manager may, in his discretion, negotiate with the new user to establish other terms or conditions which shall constitute compliance with the basic dedication requirement of this Ordinance, so long as such terms or conditions are consonant with the City Comprehensive Water Management Plan. (c) The new user shall dedicate the water rights determined by the City by filing with the City manager an offer thereof. It is the intent of this Division that no water service shall be extended to a new user until the agreed to water rights have been dedicated to the City; however, if there are matters pending resolution in the water court concerning the water rights to be dedicated, or if there is other delay beyond the control of the new user, the City manager shall have the discretion to approve the extension of such water service prior to the dedication of water rights to the City by the new user or person seeking approval of annexation, subdivision, or replatting, new extension of municipal treated water service or extension of raw water service which will thereafter be used for domestic purposes. • • (d) Subject to negotiations with the City manager and approval by the City Council, all costs and expenses attendant to the conveyance and transfer of water rights dedicated to the City shall be borne by the new user; but in no event shall a new user be responsible for any expenses or costs of transfer in excess of $500 for each cubic foot per second of water, or fraction thereof, to be dedicated. Sec. 23-257. Agricultural and open space property. If the owner of the property proposed to be annexed or subdivided desires to retain the land or any portion thereof in agricultural production or as open space prior to development, he shall be permitted to lease back on an annual basis, and for irrigation, aesthetic and recreational purposes only, the water rights transferred pursuant to this Division. The terms of the lease shall be negotiated with the City Manager. Sec. 23-258. Option to purchase. (a). Time. Any person required to comply with the basic dedication requirement shall also grant to the City the option to purchase any and all water rights which are appurtenant to the land to be annexed but which are in excess of the basic dedication requirement. Said option may be exercised by the City at any time for a period of one year following the date of the grant to the City with regard to any or all of the water rights subject to the grant. -10- (b) Price. The option shall be that price agreed upon by the parties. If the parties do not agree upon an option price within thirty (30) days after notice of the City's intent to exercise its option is received by the owner, appraisal at the City's expense will establish the price that reflects the fair market value of the water right (s) . The appraisal shall be conducted by one appraiser appointed by the City, one appraiser appointed by the owner of the water rights, and a third appraiser who shall be appointed by both parties. The average of the three appraisals shall be the option price. (c) Right of first refusal. (1) Grant of right. In addition to the grant of said option to purchase by the new user(s), there shall be a grant to the City by the user(s) of a right of first refusal regarding the water rights subject to said option to purchase. If the City for any reason should choose not to exercise its option to purchase, it shall retain said right of first refusal, in the event the water rights are sold independently of the land, for a period of ten years following annexation or final approval, or replatting, or extension of water service to a subdivision. (2) Notice period. If the owner of the water rights subject to said right of first refusal wishes to sell said water rights to a third party, he shall give to the City at least ninety (90) days notice of his intention to effect a sale of said water rights by delivering to the City a bona fide written offer to purchase made by a third party. -11- (3) Exercise of right. During the ninety (90) day notice period provided for above, the City shall enjoy its right of first refusal entitling it to purchase the water rights. If within ninety (90) days following notice by the owner of his intention to sell his water rights, the City chooses to exercise its right of purchase, then the City shall pay to the owner the fair market price of the water rights prevailing at the time of the offer, which price shall be at least equal to the amount tendered to the owner in the bona fide offer by the third party. In the event that the City determines not to exercise its right to purchase the water rights offered for sale, the owner shall be free to sell the water rights to the third party; provided, however, that any such sale to a third party shall be for a price which is at least equal to that price which was tendered to and refused by the City. r Tl+ I/ kT n If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision, and such holding shall not affect the validity of the remaining portions thereof. C V1`T TnAT ') of A public hearing on the ordinance shall be held on the day , 1980, in the City Council Chambers, Aspen City Hall, Aspen, Colorado. -12- INTRODUCED, READ AND ORDERED published as provided by law by the City Council of the City of Aspen, Colorado, at its regular meeting held at the City of Aspen on , 1980. Kerman tae Mayor ATTEST: Kathryn S. Koch City Clerk FINALLY adopted, passed and approved on the day of , 1980. ATTEST: Kathryn S. Koch City Clerk Herman tae Mayor -13- RECORD OF PH0CEE1)1 'GS 100 Leaves W.r •t C. F. MWKEL •. 9. 6 L. CO. RESOLUTIOII 140. 2 (Series of 1976) WHEREAS, there are held, within the Roaring Fork Valley,. numerous water rights of various capacities and priorities, some of which are maintained and put to beneficial use on lands which are from time to time proposed for annexation to the City or for subdivision or other development within the City of Aspen, and WHEREAS, the City Council, in order to more intelligently manage the water resources of the Roaring Fork Valley, wishes to establish a policy of acquisition of these water rights at the ' I time of annexation, subdivision, or development.permi.t issuance, .:hen a proposed area or development will be serviced by the City awned water utility (1) so as to avoid the establishment of competitive water utilities within the City, (2) to insure that all water used for domestic purposes meets minimum sanitary and health standards, (3) to prevent the abandonment of water rights by discontinuation of their beneficial use, (4) to provide for the acquisition of more senior rights to guaranty water service to Aspen area users in times of low supply, and (5) to reduce the costs of condemnation for acquisition of water rights in the future, AOW, WHEREFORE, :JE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO:. 1. '2hat the City Administration, in reviewing all annexation petitions and applications for development within the City, axamine any and all water rights historically benefiting lands proposed -for annexation, subdivision, or other development, or adjacent thereto, and acquire or provide for future acquisition Of any such rights by the City of Aspen when the holding of such IL •_ HECCI?D OF' PROGEEMNCIS 100 Leaves __- water rights will achieve any or all purposes of this resolution as stated above. 2. 'Provided, however, that nothing herein shall require involuntary acquisition by the City of Aspen of any such rights or shall predetermine the method of acquisition whether by gift, sale, lease, option, right of first refusal, or otherwise, under such terms and conditions as the City Manager shall deem appropriate. Date �G�iiZG! �fz �. r-�7 9TACY 1 ANDLEY III, "�.AY R I, KATHRYN HAUTER, duly appo' ted and of ng-C ty Clerk,. certify that the foregoing is a true and accurate copy of a R olution adopted by the City Council at its meeting held 1976. KATHRYN S.j HAUTER, CITY CLERK a. • • MUSICK AND COPE ATTORNEYS AT LAW JOHN D. MUSICK, JR. ARAPAHOE PARK JOSEPH A. COPE 414I ARAPAHOE AVENUE P. O. BOX 4579 ROBERT F. WIGINGTON July 25, 1983 BOULDER, COLORADO 80306 RICHARD M. FOSTER, JR. TELEPHO (303) 447-1974 ROBERT C. KERR ),{ O 332-2140 DIRK W. NELSON ..yl Mr. Richard Grice ✓�\ City of Aspen Planning Department 130 South Galena Aspen, CO 81611 JU`- G0 Re: Gordon Subdivision PPQENN.��AC, Dear Richard: Per your request, this letter sets forth the information which we have in our files on the Riverside Ditch, the policy of the City of Aspen on water rights dedication, and our recommendations as to Aspen's acquisition of some interest in this right as part of the Gordon Subdivision approval. 1. Riverside Ditch Information. Priority No. 287 for 3 cfs for the Riverside Ditch was decreed in Civil Action 3082 on August 25, 1936, and was given a June 1, 1888 appropriation date. The statement of claim in this proceeding indicates that 30.8 acres were irri- gated or proposed to be irrigated under this ditch, and that there were nine original claimants in the ditch. Although domestic uses were claimed for the Riverside Ditch, it was decreed for irrigation only. The Riverside ditch diverts from the north bank of the Roaring Fork River very close to Aspen's eastern municipal boundary. It is situated above the headgate for the City's East Aspen and Wheeler Ditch and below the headgate of the Salvation Ditch, and diverts from a critical reach of the river which sometimes suffers from insufficient minimum stream flows due to diversions by the Twin Lakes Company and the Salvation Ditch. The relatively late adjudication of this right leaves it in a somewhat junior position in this reach of the river with a Basin Rank of 3076, although it is still senior to the last enlargement of the Salvation Ditch for 38.5 cfs (Basin Rank 3182), and the entirety of the Twin Lakes Transmountain Diversion System (Basin Rank 3184). As with all of the ditches in the Aspen area, the diver- sion records for the Riverside Ditch are extremely sketchy, and hardly reliable. Nevertheless there are records which show the diversion of the full 3 cfs decreed amount for the Riverside Ditch throughout the irrigation season in 1970 MUSICK AND COPE Mr. Richard Grice July 25, 1983 Page Two through 1972. The record for 1973 indicates that the "area previously irrigated is developed by housing." There is no record of use in 1974, and the average diversions in 1975 and 1976 drop to 1 cfs. There are no diversion records for the Riverside Ditch prior to 1970, and we have not checked for diversion records subsequent to 1976. You indicated that the lot which will be subdivided con- sists of 3.27 acres, and that it is all situated below the Riverside Ditch and could have been irrigated by this ditch. This amount of acreage is very close to 1/9 of the original 30.8 acres claimed for the ditch. The situation and extent of this acreage is certainly consistent with Gordon's repre- sentation that he owns 1/9 of the Riverside Ditch. Such a 1/9 interest would entitle Gordon to about .3 cfs of Riverside Ditch diversions, and if such diversions were made throughout a normal irrigation season, would amount to about 100 acre feet per year of diversions. The consumptive use of irrigation diversions in the Aspen area is usually fairly low because of the highly porous nature of the soil, especially in the river bottoms, and it is unlikely that more than 20% to 30% of the Riverside diversions are used consumptively. This means that the consumptive use attributable to Gordon's 3.27 acres is 20 to 30 acre feet per year at best. 2. Dedication Policies. a. Resolution 2 (Series of 1976). This resolu- tion sets forth Aspen's presently adopted water rights dedi- cation policy. A copy is enclosed. It requires the City Administration to acquire or provide for the future acquisi- tion of any water rights historically benefitting lands pro- posed for annexation, subdivision within the city, or other development when such acquisition would meet a number of water management objectives. The resolution states, however, that the involuntary dedication of any such water rights is not required, and that the method of acquisition shall be determined on case by case basis in the City Manager's discretion. b. Proposed Water Rights Dedication Ordinance. The Aspen Water Management Plan contemplates the dedication of water rights equal to the potential demand on the City's treated water supply system, an option to purchase or a right of refusal on any amount of water right in excess of this potential demand, and the potential lease -back of such an excess if it is acquired by the City but is not necessary for the City's immediate use. This aspect of the Water • MUSICK AND COPE Mr. Richard Grice July 25, 1983 Page Three Management Plan was to be implemented by a water rights dedi- cation ordinance. A copy of the proposed ordinance is enclosed. As you know, the basic concepts for this ordinance are endorsed in the Water Management Plan. We understand, however, that the City Council has yet to act on this ordi- nance. This proposed ordinace may nontheless provide some use- ful rules of thumb. First, it establishes a basic water rights dedication requirement of .2 acre feet of year of historic consumptive use for each EQR of treated water demand associated with any new development. This requirement must be met by the dedication of water rights which permit enough diversions to yield this much consumptive use to the City. The ordinance indicates that it does not apply to a person seeking treated water service from the City who is the owner of the real estate to be served and only 1 single family dwelling will be located on this real estate. The proposed ordinance also suggests basic terms for an option to purchase and a right of first refusal on excess water rights. 3. Recommendations for the Gordon Subdivision. Under the proposed ordinance in the Water Management Plan, the dedication requirement for the Gordon Subdivision would be quite small. Assuming, on a conser- vative basis, that the Gordon Subdivision will increase the demand on the City's treated water supply system by 2 EQR, the dedication requirement would be .4 acre feet of consump- tive use per year which could translate into a diversion requirement of about 2 acre feet per year. This would be about 1/50 of the consumptive use and diversions for the Gordon Subdivision calculated above. Moreover, the Gordon Subdivision would probably be exempt from the .2 acre feet of consumptive use per year dedication requirement under the proposed ordinance because Gordon is only seeking water ser- vice for 1 single family unit, on his own land. Even if the Gordon Subdivision was not exempt under the proposed ordi- nance, the City could not require any kind of water rights dedication as a condition of approval for the Gordon Subdivision since the proposed ordinance has apparently not yet been adopted and because the 1976 resolution is still in force. Still, we think it is entirely appropriate under the 1976 resolution for the City to explore the acquisition of the Gordon interest in the Riverside Ditch on a basis which is mutually beneficial to Gordon and the City. The Riverside • MUSICK AND COPE Mr. Richard Grice July 25, 1983 Page Four Ditch is important to the City's interest because it could call out both the Twin Lakes System, and the last enlargement of the Salvation Ditch, and could therefore be used by the City to maintain minimum stream flows in a critical reach of the Roaring Fork River. Keeping the Roaring Fork alive as it flows through town and past the Gordon Subdivision should also enhance the value of that and other similarly situated private holdings. Moreover, the City could use the Riverside Ditch to help keep its other more junior Roaring Fork water rights in priority in the event of a "Cameo" or Colorado River Compact call. Accordingly, we recommend that the City use the format we developed in the "Droste" acquisition on Hunter Creek in seeking to acquire all of the Gordon interest in the Riverside Ditch. Such an acquisition would include the lease -back of any portion of the right which could be put to historic irrigation use on the Gordon Subdivision. The con- sideration for such an acquisition should reflect that very little of the water is necessary to offset the increased demands which the Gordon Subdivision will place on the City's treated water supply system, and the fact that the primary purpose of the acquisition and lease -back would be for mini- mum stream flow maintenance, back up of City priorities during times of emergency drought conditions, and the main- tenance of historic irrigation practices. At the very least, the City should seek either an extended option on the purchase of the entire Gordon interest in the Riverside Ditch or a right of first refusal. You should also know that Tam Scott has been retained as Gordon's water lawyer in this matter, and that Tam has con- tacted us to express his concern about the City's water rights dedication policies. I told him about the rules of thumb in the proposed water rights dedication ordinance, and explained that the City did not have an acutual dedication requirement per the 1976 resolution. I assured him that the City intended to treat his client fairly and flexibly and that any water right acquisition associated with the approval of the Gordon Subdivision would have to be on a mutually beneficial basis. I have sent him a copy of the 1976 resolu- tion, and the proposed ordinance. You may also want to give him a copy of this letter, if he has any further questions about the City's position. Please call if you have any questions. 1�i MUSICK AND COPE 0 Mr. Richard Grice July 25, 1983 Page Five Very truly yours, MUSICK AND COPE By Rob rt F. Wigingto RFW:ces Enclosure cc: Mr. Wayne Chapman (w/o encl.) Paul Taddune, Esq. (w/o encl.) MEMORANDUM TO: Aspen City Council FROM: Richard Grice, Planning Office RE: Gordon Lot Split DATE: August 8, 1983 APPROVED AS TO FORM: This application requests a lot split (two unit) subdivision of a 3.08 acre parcel located along the Roaring Fork River at the south end of Riverside Avenue. The subdivision will result in the creation of Lot 1, .815 acres and Lot 2, 2.272 acres. The subject property is zoned R-15 PUD. Lot splits are a permitted exemption from the growth management plan (Section 24-11.2). Single family residences are permitted to be constructed on parcels created after the date of the adoption of the growth management plan, where the following conditions are met: "(1) The tract of land which was subdivided had a pre-existing dwelling, and (2) No more than two (2) lots were created by the subdivision." Section 20-19 of the City Code permits the City Council to grant an exception to subdivision procedures and to grant final subdivision approval when it "...deems certain requirements to be redundant, serve no public purpose and to be unnecessary in relation to the land use policies of the City of Aspen under the facts and circum- stances presented..." The Planning Office believes that the lot split subdivision before you is an appropriate circumstance for a subdivision exception. At the City Attorney's request, the applicant,has acknowledged the one time only nature of the requested lot split and has included restrictive language on the plat giving notice of the one time only and single family residence restrictions. The plat contains a note which reads as follows: "No further subdivision may be granted for these lots nor additional units be built without receipt of an allocation pursuant to Section 24-11.1." The City Engineering Department suggested that the City negotiate on some of the water rights to the Riverside Ditch which the applicant owns in exchange for water service and that a water extension agreement be developed to cover the water line extension and fire hydrant to serve Lot 2. Some minor survey plat changes were suggested in Chuck Roth's memo of July 18, 1983 which should be made prior to recordation. Finally, the standard improvement district language should be a condition of approval. With respect to the water rights dedication issue, the Planning Office contacted the City's water attorneys, Musick & Cope. According to Robert Wigington, an associate of Musick & Cope, the Gordon property has a right to a consumptive use of 20 to 30 acre/feet per year from the Riverside Ditch. He estimates that the additional single family residence will require the equivalent of .2 acre/feet per year of historic consumptive use (2EQR). The Planning Office recommends that the applicant develop a subdivision exception agreement requiring the dedication to the City of an amount of water equal to the increase in the demand on the City's treated water supply by 2EQR. Furthermore, we recommend that this water right be leased back to the applicant at the rate of $2 per year in order that he might continue to use this water right for the irrigation of the subject property. Memo: Gordon Lot Split Page Two August 8, 1983 The Planning Office recommends you approve the Gordon lot split with the following motion: "Move to approve the Gordon lot split exception pursuant to Section 20-19(c) subject to the following conditions: 1. The applicant shall prepare a subdivision exception agreement to be approved by the City Attorney prior to recordation of the plat which will include: a. The applicant shall dedicate to the City of Aspen 2EQR of water from the Riverside Ditch and the City of Aspen will lease said water right back to the applicant at the rate of $2 per year, and b. The applicant shall install physical facilities necessary for the extension of water service and for fire protection to the property with water line plans and specifications to be approved by the Engineering Department. 2. The survey plat changes recommended by Chuck Roth in his memorandum of July 18, 1983 shall be made prior to recordation of the plat. 3. In the event that any municipal improvement or improvements of any kind contemplated in Section 20-16 of the Municipal Code of the City of Aspen, as amended, became, in the sole judgment or discretion of the City Council of the City of Aspen, necessary or desirable to the area of the above -described property, covenantors will make no objection to any special assessment or special tax or proceeding therefore on the basis that the property is inadequately served by existing improvements and/or on the basis that the premise will not be served or benefited by the improvement or improvements proposed. Covenantor further agrees to join, upon the demand therefore by the City, any special improvement district, urban renewal district, or downtown development district formed for construction of such improvements (including, without limitation, signage, drainage, underground utilities, paved streets and alleys, planting, curbs, gutters, sidewalks, street lights, traffic circulation, public transportation facilities, parking, etc.) in the area of the above -described property or to reimburse the City of Aspen directly upon demand therefore if the City should choose to construct these improvements without the formation of such a district." t CITY OF ASPEN 130 south galena street aspen, colorado 81611 303-925 -2020 MEMORANDUM DATE: July 18, 1983 TO: Richard Grice, Planning FROM: Gary Esary� J RE: Gordon Lot Split Subdivision "Exemption" Application U'A k 1. The application appears not to meet the requirements of Sec- tion 20-19(d), as amended, in that it is not verified and that it does not "specify in detail the reason such exemption or excep- tion, as the case may be, is justified under the circumstances". 2. One necessary part of the verification lacking is the repre- sentation that the subject parcel has not been the subject of a previous lot split. The planning office has consistently inter-'*' preted Section 24-11.2(d) to be a one -time -only GMP exemption. However, because some questions have been raised as to the clarity ,-0 of that section, an amendment specifying the one-time nature gf the amendment has been proposed and is being considered. Mean- while, we have been asking applicants to acknowledge the - - only nature of the exemption on the recor an r stric- tive notice of the one -time -only and_ e-family residence restrictions. 3. Until the applicant makes his statement pursuant to Section ccam�( 20-19(d), I can't form a complete opinion as to whether Ordinance 16 expedited review is appropriate. 4. Section 20-19(b) is not favored by this office because of possible future ambiguities arising from the operation of the "exemption from definition of subdivision language. Some attor- neys have interpreted this section to mean that once exempted, the parcel is forever immune from subdivision regulation. This inter- pretation is clearly incorrect, but to avoid possible confronta- tions, we've looked for most applications to be processed under Section 20 19(c), as pe nded. ��, Li (Qifl>-�V'A 5.11though out of baliwick, I couldn't h 1p but notice that the plat is ancient. I don't know what changes in standard plat ��S No Memorandum to Richard Grice July 18, 1983 Page Two language or requirements have taken place since 1979. The plat also makes me wonder if there was an earlier application and what happened to it. 6. The mandatory PUD designation requires PUD review or a separ- ate finding by the P&Z that the development meets the proposed �4bjectives of the PUD (Section 24-8.13). This factor also affects P the suitability of this application for expedited review. y\5 GSE/mc S�,� �,� � G�5 /p \3 MEMORANDUM C,1 TO: RON STOCK CITY ATTORNEY FROM: DAVE ELLIS CITY ENGINEER DATE: February 6, 1979 RE: Gordon Subdivision Water Rights The Gordon Subdivision has received conceptual approval and is ?c� presently going through the preliminary review stage. The prelim- inary plat review is tentatively scheduled for the Planning and Zoning Commission at their regular meeting on February 20. In the conceptual presentation it was stated that the applicants are the. owners of a one -ninth interest in the Riverside Ditch, Number 206, adjudicated for 3CFS. I feel it would be appropriate to refer this matter to Musick and Leavenworth for comment as to possible condi- tions of approval for future or present acquisition. Since the land is already within the City of Aspen, I do not believe we could require water rights in exchange for water service; however, it may be quite possible to negotiate some type of right -of -first - refusal or guaranteed purchase in the future. If you would like further information or comment from me, please advise. u Co_ a jk�_C� cc: Richard Grice�.. d ;�`� j'j��4' �Y � dw, % i1)7 T >, ri m >1 O 17) 0 >, .11 O 4J 4J � a) • r1 ro O U +J H ro 4J a, r i O N UU r-I rl o 4_) a) Q) . 4 O O 4-) a) 4-3 r-)U 4-1 '� 04 --I ro 0 � m U r1 O r-I 4 C� -r1 -1 ro U O r1 � 4J U ro•14 am m o U4) r-I 41•11 E 4J �4 O U � 4J 4J .. 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S4 m O ro U ro a) Q) .c O O O (n o r-I o U 3 0 �4 3 0� •r1 3 G •rl 0 a) 'r-1 1~ � z A 4) a U C~" r-I 0 O a m E-I 4J a, Ei 4J •r♦ r-1 E-, 4) •r1 -i Ga 0 41 o >-4 b 4r1J O rO U •r1 4J Q) l0 r(3 U 4- A � •>. 4-) CO -H I~ 4J co m -r1 '0 0 > c C% 0 rl CO � rcl 0rO �ro 4J �� rd A >~ 4-4 O v Ei a) E4 (d 0 44 m (n P ro S4 MUSICK AND COPE JOHN D. MUSICK, JR JOSEPH A. COPE ROBERT F. WIGINGTON RICHARD M. FOSTER, JR ROBERT C. KERR DIRK W. NELSON Fitzhugh Scott, Esq. 117 South Spring Street Aspen, CO 81611 Dear Tam: ATTORNEYS AT LAW July 25, 1983 Re: Gordon Subdivision ARAPAHOE PARK 4141 ARAPAHOE AVENUE P. O. BOX 4579 BOULDER, COLORADO 80306 TELEPHONE (303) 447-1974 (COLO) 1-900 332-2140 Per your request, I am enclosing a copy of the City's 1976 resolution regarding water rights dedication, and of the proposed water rights dedication.ordinance contemplated by Aspen's Water Management Plan. Please call if you have any questions. Very truly yours, MUSICK AND COPE By R ert F. Wigingt RFW:ces Enclosure cc: Mr. Wayne Chapman (w/o encl.) Paul Taddune, Esq. (w/o encl.) Mr. Richard Grice (w/o encl.) W L l- 2 - 1983 ! r pEN/ Plry Co. 11V G QFFlej 1 0 0 Memorandum to Richard Grice July 18, 1983 Page Two language or requirements have taken place since 1979. The plat also makes me wonder if there was an earlier application and what happened to it. 6. The mandatory PUD designation requires PUD review or a separ- ate finding by the P&Z that the development meets the proposed bjectives of the PUD (Section 24-8.13). This factor also affects the suitability of this application for expedited review. �5 GSE/mc \� c,-� G ican Land Title Association Commitment - f iiad 10/73 AI COMMITMENT FOR TITLE INSURANCE ISSUED BY STEWART TITLE GUARANTY COMPANY STEWART TITLE GUARANTY COMPANY, A Texas Corporat n, herein called the Company, for ?) valuable consideration, hereby commits to issue its policy or po ici of title insurance, as identified in Schedule A, in favor of the proposed Insured named in Schedule wner or mortgagee of the estate or interest covered hereby in the land described or referred to in Sc ule A, upon payment of the yy� premiums and charges therefor; all subject to the provisions of Schedules A d B and to the Conditions S=};; and Stipulations hereof. This Commitment shall be effective only when the i en i y of the proposed Insured and the amount of the policy or policies committed for have been ME i rte in Schedule A hereof by the Company, ' either at the time of the issuance of this Commitment or bsequent endorsement. `• a This Commitment is preliminary to the issuance of such polic or policies of title insurance and all liability and obligations hereunder shall cease and terminate six months after the effective date hereof or when the policy or policies commit e r shall issue, whichever first occurs, provided that the failure to issue such policy or policies is t fault of the Company. This Commitment shall not be valid or binding until countersigned by an aut ri officer or agent. IN WITNESS WHEREOF, the Company has caused this Commitment to be signed and sealed, to become valid when countersi?j4,ed by an authorized officer or agent of the Company, all in accordance with its By -Laws. This Commi ent is effective as of the date shown in Schedule A as "Effective Date." VA, IZT 'TITLE. 1 K �yA �'{•X1Q ARANTY COMPANY Chairman of the Board i y} LN !�li - -�.. Ir ?3� R PORq�, •yam e >�'• 1 0 S�o�o r Serial No. CC President 165 • SCHEDULE A • Order Number. 11598 1. Effective date: ,JUNE 20, 1983 AT 8:00 O'CLOCK A.M. 2. Policy or Policies to be issued: A. ALTA Ownees Policy Proposed Insured Ted Enloe B. ALTA Loan Policy Proposed Insured: Commitment Number. Amount of Insurance Premium S 1,100,000.00 $2,067.00 Tax Certificate 5.00 S C. S 3. The estate or interest in the land described or referred to in this commitment and covered herein is fee simple and title thereto is at the effective date hereof vested in: Sheldon M. Gordon 4. The land referred to in this commitment is described as follows: Lot 1 Gordon Subdivision, according to the Plat recorded , in Plat Book at page as Reception No. County of Pitkin, State of Colorado. Authorized Countersignature 1652 (10M 12-e2) Page 2 S'1•E•:NVA UT TITLE; G U A RANTY COMPANY SCHEDULE B — Section 1 Order Number: 11598 Requirements Commitment Number. The following are the requirements to be complied with: Item (a) . Payment to or for the account of the grantors or mortgagors of the full consideration for the estate or interest to be insured. Item (b) Proper instrument(s) creating the estate or interest to be insured must be executed and duly filed for record, to -wit: 1• Record good and sufficient Plat approved by Stewart Title Guaranty Company of Gordon Subdivision. 2. Evidence satisfactory to Stewart Title Guaranty Company, furnished by the Office of the Director of Finance, City of Aspen, that the real estate transfer tax pursuant to city ordinance No. 20 (Series of 1979, has been paid or that conveyance is exempt from said tax. 3. Proper withdrawal of Notice of Election and Demand for Sale by Public Trustee, recorded March 24, 1982, in Book 423 at page 977 as Reception No. 240125. 4. Release of Deed of Trust dated April 30, 1979, executed by Sheldon M. Gordon, to the Public Trustee of Pitkin County, to secure an indebtedness of $225,000.00, in favor of Jack E. Van Horn, Jr., and Jane E. Van Horn, recorded May 18, 1979, in Book 368, at Page 966. J 5. Release of Deed of Trust dated January 19, 1982, executed by Sheldon M. Gordon, to the Public Trustee of Pitkin County, to secure an indebtedness of $700,000.00, in favor of First Interstate Bank of California, recorded January 28, 1982, in Book 420, at Page 488. 6. Deed from vested owner, vesting fee simple title in purchaser(s). Page 3 1; Wlk 11Z '1' I'1' 1. ) • GU A It AN T Y (' U M I- A N l SCHEDULE B — Section 2 Exceptions Order Number: 11598 Commitment Number: The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the satisfaction of the Company: 1. Rights or claims of parties in possession not shown by the public records. 2. Easements, or claims of easements, not shown by the public records. 3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any facts which a correct survey and inspection of the premises would disclose and which are not shown by the public records. 4. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the public records. 5. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this Commitment. 6. Any and all unpaid taxes and assessments. 7. The effect of inclusion in any general or specific water c servancy, fire protection, soil conservation or other district or usion in any water service or street improvement area. 8. Any vein or lode of quartz or other rock in 1 ce bearing gol silver, cinnabar, lead, tin, copper or other valuable d osits claimed or known to exist March 23, 1885 and the right of the prietor of any vein or lode of quartz of other rock in pla a earing gold, iler, cinnabar, lead, tin, copper or other valuable d its for the p rpose of extracting and removing the ore from such v or lode should the same be found to penetrate or i t rsect the pr s, all as reserved in patent recorded .Tune 17, 1949 in B k 175 at Page as Reception No. 96480. 9. Right of the Proprie or of a Vein or Lode to extract and remove his ore therefrom, should the .e be found to penetrate or intersect the premises hereby granted, as reserved in United States Patent recorded August 29, 1958 in Book. 185 at Page 69 as Reception No. 106874. 10. Terms, conditions and easements as set forth in stipulation, Civial Action No. 4868, District Court for Pitkin County, Colorado, recorded February 27, 1976 in hook 309 at page 165 as Reception No. 181820. The specific location of which is not defined. 11. Easement 30 feet in width as granted to Aspen Metropolitan Substation District to construct, install, maintain and use a sanitary sewer line, recorded July 23, 1970, in Book 249 at page 596 as Reception No. 143494, the specific location of which is not defined. 12. Terms, conditions and burdens as contained in Grant of Easement to Robert S. Goldsamt, recorded September 21, 1976 in Book 316 at page 962 as Reception No. 187196, burdening the following described property: A sewer easement situated in the WQTE3,-. of Section 18, Township 10 South, Range 84 West of the 6th P. M., Pitkin County, Colorado. raid easement is 20 feet in width lying 10 feet on each side of.+he 'following described centerline: {/ continued on Page 4A E,crus ;-, n,r7.nered are hereby omitted. Page SrrENVART TITLE GUARANTY COMPANY CONTINUATION SHEET SCHEDULE B - Section 2 Order Number: 11598 Commitment Number: Beginning at a point on the northerly boundary of Callahan Subdivision, whence Corner No. 9 of the Riverside Placer, M.S. 3905 AM., bears S. 14°41'52" W. 742.55 feet; thence N. 41°11'00" W. 163.24 feet; thence 39°37'00" E. 40.00 feet to the end of said easement. 13. Terms, conditions, obligations and restrictions as contained in grant of easement recorded September 23, 1976 in Book 316 at page 961 as Reception No. 187248. 14. Terms, conditions, obligations and covenants as contained in agreement recorded June 260 1978 in Book 350 at page 450 as Reception No. 205243 and Exhibit "A" thereto, recorded June 11, 1978 in Book 351 at page 146 as Reception No. 205595. 4A Page S 11' 1: N s".1 R 11' G U A R A N T Y C U N VA N Y SUBDIVISION AGREEMENT GORDON SUBDIVISION THIS AGREEMENT, made this day of , 1979, by and between THE CITY OF ASPEN, COLORADO (hereinafter sometimes called "City") and SHELDON M. GORDON (hereinafter sometimes called "Subdivider"). W I T N E S S E T H: WHEREAS, the Subdivider has submitted to the City for approval, execution, and recordation, the final subdivision plat of a 3.086 acre tract of land situated partly in the Riverside Placer, MS 3905 A.M., and Tract B, Aspen Townsite Addition, Section 18, Township 10 South, Range 84 West of the Sixth Principal Meridian, City of Aspen, Pitkin County, Colorado, designated as Gordon Subdivision ("the Plat"); and, WHEREAS, said Plat encompasses land located within an area in the City zoned R-15; and WHEREAS, the City has fully considered such Plat, the proposed development and the improvement of the land therein, and the burdens to be imposed upon other adjoining or neighboring properties by reason of the proposed development and improvement of land included in the Plat; and WHEREAS, the City is willing to approve, execute, and accept for recordation that Plat upon agreement of the Subdivider to the matters hereinafter described, and subject to all the requirements, terms, and conditions of the City of Aspen Subdivision Regulations now in effect and other laws, rules and regulations as are applicable; and WHEREAS, the City has imposed conditions and requirements in connection with its approval, execution and acceptance for recordation of the Plat, and that such matters are necessary to protect, promote, and enhance the public welfare; and WHEREAS, under the authority of Section 20-16(c) of the Municipal Code of the City, the City is entitled to assurance that the matters hereinafter agreed to will be faithfully performed by the Subdivider. NOW, THEREFORE, in consideration of the premises, the mutual covenants herein contained, and the approval, execution and acceptance of the Plat for recordation by the City, it is agreed as follows: 1. The Subdivider, at his sole expense, shall construct and install the physical facilities necessary for the extension of water service to his property as schematically shown on the Plat and as detailed in the "Technical Specifications for Water Line Installation" and on the "Map of Water Line Extension" (Job #79226), as prepared by Eldorado Engineering Company of Glenwood Springs, Colorado dated July, 1979 (revised ,1979). The installation of these facilities shall be completed on or before October 1, 1980. Final construction plans and specifications shall be submitted to the City Engineer and shall be approved by the City Engineer prior to the commencement of any construction by the Subdivider. 2. Engineering inspection services during construc- tion of the facilities as set forth in paragraph one shall be provided by the design engineer (Eldorado Engineering Company of Glenwood Springs, Colorado) and shall be of sufficient frequency and detail to allow the design engineer to certify in writing his acceptance of the completed facilities in accordance with the approved plans and specifications to the City Engineer. The City, at its sole discretion, may provide additional inspections, not to exceed five hours per week. The actual cost, not to exceed $17.50 per hour, of such engineering inspection services as completed by the City, shall be at the sole expense of the developer and shall be billed periodically by the City. The Subdivider - 2 - shall notify the City Engineer a minimum of ten days prior to commencement of construction. Inspection, acquiescence in, or approval by any engineering inspector provided by the City shall not constitute approval by the City of any phase of construction. 3. Upon completion of construction in conformity with the plans and specifications and any proper, approved changes, the Subdivider shall convey by bill of sale to the City all physical facilities necessary for the extension of water services as the City, in its sole discretion, desires. All new improvements shall be warranted by Subdivider for a period of one year against defects or failure. The City's final acceptance of the physical facilities shall be contingent upon receiving any necessary easements for new facilities constructed and receiving as -built surveys and plans as prepared by the design engineer. 4. Subject to the conditions contained in this paragraph, Subdivider shall provide for the estimated costs for construction of the water utility physical facilities and the provision of engineering services as agreed to in paragraphs one and two above. In order to secure the performance of the construction and installa- tion of the physical facilities herein agreed to, and to guarantee no less than 100% (one hundred percent) of the current estimated cost of the improvements, including engineering and inspection, agreed by the City Engineer to be $30,070.00 (thirty thousand seventy dollars), Subdivider shall guarantee through a conven- tional lender, or by sight draft or letter of commitment from a financially responsible lender (irrevocable until the construction is completed) that funds in the amount of the estimated costs of construction are held by it for the account of the Subdivider for the construction and installation of improvements hereinabove described. In the event, however, that any portion of the improvements - 3 - 0 • have not been stalled according to thRonditions contained herein, then, and in that event, the City may have such remaining work and improvements completed by such means and in such manner, by contract with or with- out public letting, or otherwise, as it may deem advisable, and the lender agrees to reimburse the City out of the funds held by it for the account of the Subdivider for the City's costs incurred in completing said work and improvements; provided, however, in no event shall the lender be obligated to pay the City more than the aggregate estimated sum for these improvements, less those amounts previously paid and approved by the City, by reason of default of the Subdivider in the performance of the terms, conditions, and covenants contained (herein this paragraph). However, the City waives no right to claim full compliance with the improvements required in excess of the estimated costs. From time to time as work to be performed and improvements to be constructed herein progress, the Subdivider may request that the City Engineer inspect such work and improvements as are completed and may submit to City the costs of such completed work and improvements. When the City Engineer is satisfied that such work and improvements as are required by the Subdivider to be completed, in fact have been completed in accordance with the terms hereof, the City Engineer will submit to the lender his statement that he,has no objection to the release by the lender of so much of the above -specified funds as is necessary to pay the costs of work performed and improvements installed pursuant to the terms of this Agreement, except that 10% (ten percent) of the estimated cost shall be withheld by the lender until all proposed improvements are completed and approved by the City Engineer. -4- z 0 1 0 CITY OF ASPEN 130 south galena street aspen, colorado 81611 303-925 -2020 MEMORANDUM DATE: July 18, 1983 TO: Richard Grice, Planning FROM: Gary Esary(W RE: Gordon Lot Split Subdivision "Exemption" Application 1. The application appears not to meet the requirements of Sec- tion 20-19(d), as amended, in that it is not verified and that it does not "specify in detail the reason such exemption or excep- tion, as the case may be, is justified under the circumstances". 2. One necessary part of the verification lacking is the repre- sentation that the subject parcel has not been the subject of a previous lot split. The planning office has consistently inter- preted Section 24-11.2(d) to be a one -time -only GMP exemption. However, because some questions have been raised as to the clarity of that section, an amendment specifying the one-time nature of the amendment has been proposed and is being considered. Mean- while, we have been asking applicants to acknowledge the one -time - only nature of the exemption on the record and including restric- tive language on the plat to give notice of the one -time -only and single-family residence restrictions. 3. Until the applicant makes his statement pursuant to Section 20-19(d), I can't form a complete opinion as to whether Ordinance 16 expedited review is appropriate. 4. Section 20-19(b) is not favored by this office because of possible future ambiguities arising from the operation of the "exemption from definition of subdivision" language. Some attor- neys have interpreted this section to mean that once exempted, the parcel is forever immune from subdivision regulation. This inter- pretation is clearly incorrect, but to avoid possible confronta- tions, we've looked for most applications to be processed under Section 20-19(c), as amended. 5. Although out of my baliwick, I couldn't help but notice that the plat is ancient. I don't know what changes in standard plat Memorandum to Richard Grice July 18, 1983 Page Two language or requirements have taken place since 1979. The plat also makes me wonder if there was an earlier application and what happened to it. 6. The mandatory PUD designation requires PUD review or a separ- ate finding by the P&Z that the development meets the proposed objectives of the PUD (Section 24-8.13). This factor also affects the suitability of this application for expedited review. GSE/mc ASPEN CODE s itan Sanitation District, tment of Highways (when a Y PPlic ve twenty (20) days from the date th zew and return it to the city pl - al time is requested. Prior to re" ie subdivider must show that . serer will be available from the Public iy or companies concerned by nts from the same for the install ado phone, sanitary sewer, water and � luired by the development. (Ord. I 6-1976, § 4) ary plat —Contents. shall reflect the general layout of f . ' ;ores, but exact dimensions are at of the preliminary plat shall be 1 rmine whether the proposed sub" ign standards of this chapter. Th. tted must be in conformity with do and contain the following itemial�.::y drawn at a scale of one inch feet or larger, architectural scat an heet size shall be twenty -foot ix (36) inches. 'If it is necessary s 4 more than one sheet an index '= e first sheet. A vicinitymap sheet showing the subdivision :)f the community and street the subdivision which shall x to any name used on a ri ty, Colorado. nd telephone number of er of the subdivision, an 1214 1p12 SUBDIVISION § 2412 (d) Location and boundaries of the subdivision as part of a larger tract. (e) Date of preparation; scale, including bar -type or graphical scale; and north sign (designated as true north). x (� Existing and proposed contours at two -foot intervals where the slope is less than ten (10) per cent and five-foot intervals where the slope is ten (10) per cent or greater, and the designation of all areas with slope greater than thirty (30) per cent___---- -- (Q) Location and dimensions of all existing streets, alleys, easements, drainage areas, irrigation ditches, public and private utilities, and other significant 4 manmade or natural features within or adjacent to the tract. (h) Location an mensions of all proposed streets, alleys, easements, drainage improvements, utilities, lot lines, and areas or structures reserved or dedicated for public or common use. (i) Location, size, and type of existing vegetation and other natural landscape features, and the proposed limits of any excavation or regrading. Also the J accurate location of trees with a trunk diameter of six (6) inches or more measured four and one-half (41/2) feet above the ground and an indication of which trees are proposed to be removed. Where large groves are to remain undisturbed, single trees need not be located. 6) Designation of all zones that constitute natural hazard areas including but not limited to snowslides, avalanche, mudslide, rockslide and the 100-year flood plan. A) Additional information on geological or soil stability, avalanche potential, projected traffic generation, air Pollution and like matters shall be furnished by the r subdivider upon the request of the city. Such F' information shall be provided by a licensed profes- sional and shall be financed as provided in section 20-20(b). No.15 1215 • • MEMORANDUM TO: City Attorney City Engineer PLANNER: Richard Grice RE: Gordon Lot Split DATE: June 29, 1.983 Attached you will find a letter of application for subdivision exemption for a lot split on property consisting of 3.087 acres and zoned R-15 PUD. Please review the letter and attached plat and return your comments to the Planning Office by July 18. Thank you. 0 'Xw) LITILi7Y -r(. LCT 'I i FF'?-AK IVIFIA C-Ar& 11 75) 57042'oo I + 211 I 76 \Y I t \ LOT 14 KiVffre, 815 41 71 015 Law V nc 027 i • MEMoP_AtjDL)►� FfX _. 15 P3 _ . __ L.a-r _ _ S FL-cT 1 _ N &JQtFft-1N 6 PoAljZ—(Nt.Et,,3—j . 4tAS - f ZFQ (k�JF� .TW_ - aVfZ AAP.-S_ R��ItF-<� may_. FLAT- ) liyNs. MAC- A -- -- �. TI-4-(5- - SuC3A��s� a�J __ �E�.cP'tco,.�.--.�P('l.Lcl�'F'to� _ �S � F•E-oPE/�tl� 6 ---- --6F NIPLCC4Tto,,� --.I ^T -- W6S- T��ir.6-f�=�y---Co�n�ct� : _�•�►._. -- _------ ll� I2�_7q AT 7*r?-- . lkppLtrt,,r's Nut-tru�_�R OF . -- - — _ _ A, rA - 60a*S _- �(ZOM T-+{-RT -Tl "tz - ._ . ATz-ao!&)P,( � -tom- TEtaT -vqr-_ Cclly. _ _ .54ova> Fr�ss MEGor(A-M -- t O wPcTEellzr cr s Fg:oiA . -r*trz.- n . � r0 �1.1 G1 Nam- 7- 7qE_ G __. dFFz-ct,- T)t� Fbg_Mar_ yr 1 fKA}Tr-,C> So iz Cot-�r FAr. s. ( �6kf� �] G x F{ QJ ` WATT f r, - _.STu - - SNP Ta . _. ---rI--- c�— _ _ _ �t-ovJ6d � �'�- ��2FuJ s r a►J _ t s - - N d� - '�� (t �i,P 'Ta—_-----= J � c w� _r .. It's.- . � 5 7 9 .. T+tr— . 5 v & s A415 1 oO. i 0 J��y lg, 15 e3 - -----� =-- �MPTi a•� --- p�-� MPS __ W t cam- - N � - -�°---�F��=7" _.wAG f4_r(-S. ks - Cu UATF.�.1tJf_ R.AW _ 141JD . --...------- -- 5 i'�-C lF(C�4"T tDti15 _ dti(uST _ St1BMt"ZT�uj To_f2 - - -- Gc N � F1-�c tit G 1� �PtR-�M Iz.NT. CUPF� _ FLok-r. . 'Sv(�ssl OA.) _ Agri- 4P__. ---- - -- �D t.(owJ' - - _TltE PF-o. P y co �,,�F.� I �S _ -t WC-- tZwF,2 1 f:-: Firs To _ (3.2 --- _ (a 160) o hlE W ODD � Fcoo r` rty,� _ -Q� - Tv f3� �Oi2 Eta l00 -YEh f Fr_. i> PL_,A(n1 f-b _.hS-SL/lt_T caQFlCoP_ATio,_1 OF +hoUsr . e T LA-tJ G0rk6C- BF T}(r2._ C�Tz7 J�PPRo\)A-t_-- (S U�cuv;klZ, rau_aw�MG ��. 74+ts -- VAY -OF 1983 h PL15;kSlt ADD 'TW2- LAMCUA6F- -- - tt �16*30D 77t- (5 • • Planning & Zoning Department City of Aspen 130 South Galena Aspen, CO 81611 Attention Collette Penne Re: Gordon Lot Split Dear Collette: June 28, 1983 This letter together with six (6) copies of the final map titled "Gordon Lot Split" and a check payable to the City of Aspen for $465.00 will constitute an application for exemption from Subdivision regulations within the City of Aspen. The existing lot is 3.087 acres, zoned R-15 (PUD) with one existing single family dwelling unit. Under this application, the 3.087 acres will be split into Lot 1, having .815 acres and the existing dwelling unit, and Lot 2, having 2.272 acres. My client is prepared to dedicate a public trail easement to the City of Aspen as described on the final map enclosed. The Planning and Zoning Commission previously approved this trail alignment approximately 4 years ago. This request for exemption is made under Section 20-19 of the Aspen, Colorado, Subdivision Regulations, for exemption from the definition of the term "subdivision" and under Section 24-11.2(d) for Growth Management exemption. It is my understanding that the reveiw process and approval of this exemption will be handled under Ordinance 16, series of 1983. If you require any additional information, please contact me. Re ards StAn Mathis SM:cck cc: Lennie Oates Sheldon Gordon Tam Scott Bob Stardowe