HomeMy WebLinkAboutcoa.lu.su.Callahan Aspen Club.76
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REcorded At 2:35 PM ni9, 1976R.~c.ePt~~n'ri()' .t,?"890
Julie Hane'REco~
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SUBDIVISION AND PLANNED UNIT
DEVELOPMENT AGREEMENT
CALLAHAN SUBDIVISION
. d
THIS AGREEMENT, made this ~ -day
1976, by and between T~ CITY OF ASPEN,
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COLORADO (hereinafter
,
sometimes called "City"), and _BENEDICT LAND & CATTLE COMPANY,
FREDRIC BENEDICT and FABIENNE BENEDICT (hereinafter sometimes
collecti vely called "the owner"), and ROBERT S. GOLDSAl'1T or
the assignee of Goldsamt (hereinafter sometimes called "the
subdivider").
WIT N E SSE T H :
WHEREAS, the subdivider with the consent and approval of
the owner has submitted to the City for approval, execution,
and recordation, the final plat and development plan of a tract
of land situated in the east one-half of Section 18, T. IDS,
Range 84 west of the Sixth Principal Meridian, Aspen, Colorado,
designated as Callahan Subdivision ("the plat"); and
WHEREAS, said Plat encompasses land located within an area
in the City zoned RR and R-15; and
WHEREAS, the City has fully considered such Plat, the pro-
)posed 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 improve-
ment 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 owner
and the subdivider to the matters hereinafter described, and
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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
.
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600K312 PAcEtll
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-l6(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 rec@rdation by the City, it is
agreed as follows:
1. All references to lot numbers hereinafter set forth
are as described on Sheet No. 1 of the Final Plat and Develop-
ment Plan of the Callahan Subdivision ("Plat").
A. Fee simple title to Lots No. 13 and 13-A will
be conveyed in undivided interests to the condominium
owners, subject to existing easements and road and
'utility easements contemplated by the Plat and
additional utility easements as may be required. Lots
No. 13 and 13-A will be used for condominium units.
B. Lot No. 13-:8 shall be conveyed in fee simple
to a corporation to be organized by the purchaser of
such property from the owner or by such purchaser's
assignee. Such corporation is hereinafter referred to as
"Holding Corporation". The Holding Corporation shall grant
to all condominium and homesite owners a non-exclusive
easement for the recreational use of Lot l3-B so long as
such lot is not hereafter authorized for improvement or
'commercial use by P.U"D. amendment or other appropriate
governmental approval and shall grant such easements
as are necessary for the roads and utilities reflected
on the Plat.
C. Lot No. 14 will be owned in fee simple title
by the Holding Corporation or another corporation con-
trolled by or under common control with the Holding
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eooK312 PAGE1.12
Corporation or its or their assignees. The Benedict
residence situated on this lot will be converted to
a clubhouse. The owners of condominium and homesites will
be granted an irrevocable non-exclusive license for passage
by foot only, throughout those portions of Lot 14 on which
there are no improvements currently or hereafter existing.
D. Lots No. 14-A and 15 will be conveyed in fee
simple title to the HOlding C9rporationor a corporation
controlled by or under common control with the Holding
Corporation or its or their assignees. Lot l4-A will
contain parking facilities for use of the clubhouse and
recreational facilities contained in the Plat, and Lot
15 will contain recreational facilities.
E. Lots No. I through 10 shall be conveyed in
fee simple title to the purchasers of these ten home-
sites. Lot No" 10 is designated as a duplex for occupancy
by two families; the other lots are for single-family
homes.
F. Lot No. 11 is designated as a single-family
lot.
G. Lots 12 and12-A are collectively designated asa
single-family lot. Lot 12-A is the guesthouse for
Lot 12.
H. Lot No. 16 is designated as an existing office
building for such uses as have heretofore been approved
by the City of Aspen.
I. All roads as reflected on the Plat and the
rights of way on which such roads are to be constructed
shall be owned by the Holding Corporation or a corporation
controlled by or under common cOntrol with the Holding
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BOOK 312 PA~E113
Corporation or its or their assignees, and such corpor-
ation shall grant an irrevocable non-exclusive license
to the owners of the condominiums and homesites for
their use. The owner shall retain a hon-exclusive
cost-free easement on Crystal Lake Road for access, ,
ingress, and egress to and from Lots 11, 12 and l2-A.
Ownership of those lots is being retained by the owner"
J. Easements for utility improvements and rights
of way shall be granted to the Public Utilities as
shown on the Plat.
K. Maintenance of the property and structures in-
cluded within the Plat shall be the responsibility of
the owners of the fee simple title to such property
and improvements; provided, however, when hereunder
any easement is granted with respect to any such land
or improvement, the .cost of maintenance shall be borne
by all grantees of such easements.
L. The City shall provide up to a maximum of 0.65 cfs.
of water as needed from the Nellie Bird Ditch as hereinafter
set forth in Paragraph 8(e) (1) for the maintenance of a
water level not lower than the lowest water level in
Crystal Lake as shown on Page 3 of the Plat. The Holding
Corporation or a corporation controlled by or under common
control with the Holding Corporation or its or their assignees,
shall make provision for supplying such water to, Crystal Lake
in order to insure its use for recreational activity.
2. Subject to the conditions contained in this paragraph,
the subdivider shall provide for the estimated costs for construc-
tion of all common improvements which include construction of
roads, utilities, drainage improvements, landscaping, moving
and paving if required by subdivider (the recreational
trail), as described in the agreement between Pitkin County
and Benedicts and irrigation ditch crossings through
the subdivision as shown on the Plat and supplemental
engineering plans. Al~o included shall be street l~ghting
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BOOK312 PAcE!11
sufficient to illuminate subdivision roads and traffic signs to
comply with City regulations. The installation of those improve-
ments shall commence in the spring of the year in which construction
on Lots 13, 13A or 15 is to commence hereunder, or any homesites
are sold, whichever event occurs sooner, and shall be constructed
with due diligence thereafter until completed. In order to
secure the performance of the construction and installation of
the improvements herein agreed to by the subdivider and the
City, and to guarantee one hundred (100%) percent of the current
estimated cost of the improvements agreed by the City Engineer to
be $ 271,000.00 ,the subdivider shall guarantee through a
.
conventional lender, or by sight draft or letter of commitment
from a financially responsible lender (irrevocable until the
construction is completed) that funds 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 improve-
ments have not been installed according to the conditions 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 without 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 improve-
ments; 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 con-
tained in this paragraph 2. However, the City waives no right
to claim full compliance with the improvements required in ex-
cess 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 office of City Engineer
inspect such work and improvements as are completed and may
submit to City the costs of such completed work and improvements.
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800K 312 rAGE 115
When the City Engineer is satis~ied that such work and improve-
ments as are required by the subdivider to be completed in ~act,
have been completed in accordance with the terms hereof, the
City Engineer will submit to the lender its statement that it
has no objection to the release by the Guarantor 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 ten (10%) percent of the
estimated cost shall be withheld by the lender until all pro-
posed improvements are completed and approved by the City
Engineer. Subdivider shall prepare and be responsible for the
preparation of engineering plans, specifications, and construction
drawings for all improvements included in Paragraph 2 above. These
plans and specifications shall be submitted to the City Engineer
and shall be approved prior to the commencement of any construction
by the Subdivider. SUbdivider shall 'also be responsible for pro-
viding all necessary engineering and/or surveying services in con~
junction with the construction of said improvements. The City
Engineering Department shall be notified prior to the cOmmencement
of construction so that the work may be inspected during construction.
3. Site Data Tabulation (see Exhibit "A" attached hereto
and incorporated herein by this re,ference.)
4. The subdivider agrees to line the Riverside Ditch
for the full length of Lots 8 and 9 with a rubberized material to,
prevent seepage onto Lots 8 and 9. If the SUbdivider finds that
use of the rubberized material is not feasible "a feasible alternative
lining shall be used, provided the subdivider shall use best efforts
to find an alternative to concrete lining.
5. The subdivider agrees, for himself and his successors
and assigns, that he will not authorize any vehicular traffic to
enter the area of the condominium units or recreational facilities
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BOOK312 PACE116
of the Callahan Subdivision from Ute Avenue unless such vehicles
are for the purpose of construction, providing services to or deal-
ing with emergencies of the Callahan Subdivision. Furthermore,
neither the subdivider nor his successor or assigns shall pro-
vide for any parking spaces along the border of Ute Avenue
within any portion of the Callahan Subdivision. The prohibition
contained in this paragraph shall not apply to the parking lot
which presently exists on Lot 16 nor to any expansion thereof.
6. The subdivider agrees to relocate at subdivider's
expense a portion of the recreational trail which will be moved
toa location approximately as shown on the plat. Such relocation
.
shall be done as follows: By June 15 of the year in which
construction is to commence on Lots 13, l3A or 15, subdivider
shall cause such trail to be roughed in place. The easement
to that trail shall be granted to the City and shall be restricted
to the following uses: pedestrian, equestrian, bicycling, and
cross-country skiing. No motor vehicle of any kind shall ever
be allowed to use the trail, excepting only such vehicles as are
absolutely necessary at the initial construction and subsequent
maintenance and repair of the trail.
7. The subdivider agrees not to pave any of the roads in
the subdivision until at least six months after all utilities are
in place.
8. It is acknowledged by the owner that certain land areas
included within or adjacent to the subdivided land have
previously been used for agricultural uses or as meadow lands and
have been irrigated by waters owned by the owner and carried in the
Nellie Bird Ditch. The City of Aspen has established a policy of
acquisition of those water rights beneficially used by annexed and
subdivided lands at the time of annexation and subdivision approval,
when the proposed development will be serviced by the City owned
water utility:
a. So as to avoid the establishment of competitive
water utilities.
b. To insure that all water used for domestic
purposes meets minimum sanitary and health standards.
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BOOK312 PAGE 117
c. To prevent the abandonment of water rights by
discontinuation of their beneficial use.
d. To provide for the acquisition of more senior
rights to guarantee water service to Aspen area users
in time of low supply.
e. To reduce the costs of condemnation for acqui-
sition of water rights in the future. Therefore, it is
agreed as a condition of subdivision approval.
1. That upon recording of the final plat of the
.
Callahan Subdivision the owner will convey to the City
of Aspen, without further consideration, 0.65 cfs. of
the Nellie Bird Ditch, Priority 3136 (Source: Roaring
Fork River; adjudicated August 25,1936), which cor-
responds to the ratio of the subdivided lands to all
lands irrigated by this water right. In the event
use of part of such water granted to the City shall
become necessary to retain the lowest level of Crystal
Lake (as described in Paragraph IL of this Agreement)
the City of Aspen agrees to make available so much of
the water right necessary to maintain the lowest water
level; provided, however, that nothing herein shall be
construed to require the City to supply ditches; rights
of way, pumps, or othe~ facilities necessary to' ~rahsfer
water to Crystal Lake.
2. That owner hereby grants to the City of
Aspen a right of first refusal on the balance of the
water right described in subparagraph (1) in the event
such water right is offered for sale independently of
a sale of the lands irrigated by said right. To the
extent permitted by law this right of first refusal
shall be deemed a covenant running with said irrigated
lands, and bind the owner, his heirs, assigns and
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600K3121'AGf:j18
successors in interest.
3. That t.he owner does further agree to negotiate
in good faith with the City of Aspen for the grant to
the City (or its nominee) for a nominal fee of a
revocable license to make beneficial use (as allowed
by law) of part or all of the water right described
in subparagraph (1) retained by owner, without jeop-
ardizing owner's interest in said decreed water
right.
.
8.1 It is further acknowledged that owner owns a high priority
right on Hunter Creek, namely, the Red Mountain Ditch, Priority No.
90 (Source: Hunter Creek, adjudicated May 11, 1899; headgate trans-
ferred to Huston Ditch by decree recorded in Book 252, Page 575,
records of the Pitkin County Clerk and Reocrder) hereinafter called
Hunter Creek water right, the acquisition of which is also of in-
terest to the City of Aspen. Owner agrees, as a further condition
of this subdivision approval and with reference to said right:
a. That Owner hereby grants to the City of Aspen a ;:ight
of first refusal on the Hunter Creek water right in the event
such right is offered for sale independently of a sale
of the lands irrigated by said water right; and to the
extent allowed by law, this right of first refusal shall
be deemed a covenant on the lands so irrigated, and bind
the owner, his heirs, assigns, and successors in interest.
b. To negotiate with the City of Aspen in good faith
for the acquisition'of this right to facili,tate, the con-
struction of a package filter plant on Hunter Creek. Ne-
gotiations will be deemed to be proceeding in good faith
when the City seeks such right only for construction of
said package plant and owner attempts to achieve only
(i) domestic water service for potential homesites on
his lands above Hunter Creek and below the Red Mountain Road
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BOOK312 PAGEj19
(on the Red Mountain side), (ii) provision for the future
irrigation of owner's meadow lands below the Huston
Ditch and above Hunter Creek, and (iii) a total consider-
ation on the sale of the water right which is equivalent
to its fair market value, with proper credit and allowance
being given for the fair market value of any exchanges,
concessions, promises, undertakings or other consideration
received pursuant to (i) ,and (ii).
9. In satisfaction of the degication fee required to be
paid to the City under Section 20-18 of the City of Aspen Muni-
cipal Code for the purposes set forth therein, the subdivider
agrees that upon recording of the final plat of the Callahan
Subdivision, that he shall make a cash payment to the City in
the amount of $90;000.00.
10. Notwithstanding anything contained herein or referred
to the contrary, the owner and the subdivider, in developin~ the
property contained. within the Plat and the improvements as herein
described, shall fully comply with the applicable rules, regulations,
standards and laws of the City and other governmental agencies and
bodies havin~ jurisdiction.
11. The City agrees that since the townhouse-condominiums
as designed do not exceed two and one-half stories in height, and
the total height of each unit is constant, that a vertical envelope
be created around each unit module allowing a maximum of two and
one-half feet above elevation shown on the PUD building plans to
accommodate possible grade elevation variations. The intent of
this Agreement is to provide the best possible relationship between
buildings, between buildings and tops of carports, as well as the
best utilization of existing terrain within the development zone.
Prior to application for the building permit, the pennit applicant will submit
a ground survey, showing final building layout and floor elevations,
noting any variations in the contour.
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BOOK312 PAGE120
12. Subdivider agrees to pay the City in addition to its
dedication fee the sum of $250.00 which represents the agreed
upon costs for the City to tap into the sewer line in 'Ute
Children's Park. The $250.00 shall be due and payable upon the
granting of the easement across Ute Children's Park and Ute
Cemetery for sewer lines by the City.
13. SUbdivider agrees to provide at his expense shuttle
bus services consisting of van-type vehicles for the recreation
facilities and the clubhouse of the. Callahan Subdivision upon
the terms and conditions hereinafter set forth. The expenses of
the acquisition, maintenance and operation of such vehicles shall
be borne by the subdivider, and such service may be supplied by
the purchase of appropriate vehicles, the leasing thereof, or
any other available means which shall be adequate.
The subdivider agrees to provide such vehicles in a
number sufficient to serve the need therefor based upon year around
operation between the Callahan Subdivision clubhouse and recreation
facilities and downtown Aspen, provided, however, that such vehicles
shall not numberless than one. The term of tbis service shall
be until the earlier of the following occurs:
1. Such van service shall no longer be needed; or
2. Until the transportation services provided by
this Agreement are fulfilled by other public or private
means.
3. Until the expiration of five years from the
date hereof.
14. Upon execution of this Agreement by ,the parties hereto
and provided all other conditions as herein contained have been
met by the owner and the subdivider, the City agrees to execute
the Plat of the Callahan Subdivision and accept the same for
recordation in the Recording Office of Pitkin County, Colorado,
upon payment of the recordation fees and costs to the City by
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BOOK312 PAGE121
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subdivider.
15. Failure of the subdivider to pay dedication fee
or to provide the requisite guaranty for roads and utilities
and other improvements prescribed hereunder, shall carry only
the sanction of prohibition of recording the subdivision plat
and final development plan herein. If the foregoing sanction
is imposed by the City upon the sUbdivider, it shall release
the owner of all obligations under Paragraphs 8 and 8.2 hereof..
16. The subdivider agrees to furnish City with an as-built
survey description for sewer, water and 'trail easements.
.
17. The subdivider agrees to allow the City to install a
water line in Ute Avenue at the time subdivider constructs his
eight-inch line greater in size than that eight-inch line, provided,
however, that the City shall pay for the extra cost above the cost
of installing an eight-inch line.
18. The stages for the development of the subdivision
improvements shall be according to Exhibit B attached hereto
and incorporated herein by this reference.
19. At such time as and to the extent Goldsamt has assigned
any of his rights hereunder or under any agreement with owner and
such.assignee has assumed any obligation hereunder, Goldsamt shall
have no further obligation for such assumed obligation.
.. IN WITNESS WHEREOF, the parties hereto have hereunto set their
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BENEDICT LAND & CATTLE COMPANY, Owner
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Robert Goldsamt, Subdivider
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B~OK312 PAGEl22
STATE OF COLORADO )
) ss.
County of Pitkin )
~. . The~for oing instrument was ack .nowledge~befOre me this
/~ day of, .' , 1976, by Stacy Standley, Mayor of
the City of Asp , Colorado municipal corp~ration.
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..,.......,.,."'l'iitness, my hand and official seal.
e r-.. '1 r; If :\:FMy commission expires: ~,,::
_.f~~~j;~'t,:~~c.,{tt":r..,.!I>Sion.eX..Pires January' 24, 1978 COd d~ ... '. / 12 r jji/ r" .
,:::i:i~ h'"' <::$+ " . rf..fb/0l~
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"('^STATE"OF COLORADO
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!'~.. The foregoing instrument was~ow.l~dged before me ~his
day of ~Lr' , 1976, byh~..::&'..:_ A. DeJllOd.ie;t,Pnd
'ien~ of Benedict'Lanq7& Cattle Company, a Colorado, corporation.
County of Pitk'in
)
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ss.
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Witness my hand and official seal.
" ~:i' My commission expires:
/~.~y>;~&nllJiS~OO expires January 24, 1978
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STATE OF COLORADO' )
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.~i- /'1.;}J ;>!o~t ~J lJioI'lJe;y- i~J.)c{l- p. ~/!r
acknowledged before me this
Fredric A. Benedict and
County of Pitkin
//1 " T~OregOing instrument wa
.L.:::L-day of ., rJl..1" . ' , 1976, b
Fabienne Benedi. .
, ,
Witness my hand and official
My commission 'expires:
seal.
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Notary
Public
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,,<'~\~YAc;oraO'li~SiOn expires January 24. 1978
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STATE OF COLORADO )
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County of Pitkin )
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eooK312 . PACE 123
The foregoing instrument was acknowledged before me
this J~ day of ApriJ!"l"4:"976, by AndrG'" V~ Hecht, ALLorney-
in Pact for Robert S. Goldsamt.
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Witness my hand and official seal.
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My Commission expires:
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..,." Rl;:corded At 4:02 PM r..9, 1976 Reception no18391""\ Ju1ie.\~ne REcorder
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BOOK3:l2 PAGE158
EASEMENT AGREEMENT
THIS EASEMENT AGREEMENT,
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made this '.~ day of April.
1976, by and between THE CITY OF ASPEN (hereinafter referred
to as the party of the first part), such party being the owner
of the properties commonly known as Ute Cemetery (Lot Q, Ho~g
Subdivision), and Ute Park (hereinafter collectively referred
to as "the Ute property"), and BENEDICT LAND & CATTLE COMPANY.
FREDRIC A. BENEDICT andFABIENNE BENEDICT, owners of the prop-
.
erty described in Exhibit A attached hereto. and ROBERT S.
GOLDSAMT, subdivider of that property (hereinafter collectively
referred to as the party of the second part) :
WHEREAS, the party of the first part is the owner in
fee simple title of the Ute property, free from all liens and
encumbrances, which property is adjacent to the land described
in Exhibit A hereto; and
WHEREAS, the party of the second part desires to obtain
from the party of the first part an easement as hereinafter
described; and
WHEREAS. the party of the second part intends to con-
struct a sewer line across the property described in Exhibit B
hereto, and upon completion to assign the rights to such ease-
ment to the Aspen Metropolitan Sanitation District; and
WHEREAS, the party of the first part is willing to grant
such easement to the party of the second part in consideration
of the performance of the mutual covenants hereinafter set forth.
NOW THEREFORE, in consideration of the mutual covenants
hereinafter set forth, the party of the first part agrees to
grant to the party of the second part, for the benefit ,of the
property described in Exhibit A, a non-exclusive easement to
install, repair, maintain, alter, and operate sewer lines in,
into, upon, over, across, and under a strip of land (the "strip")
1""'>\
.-..
,
{ :
300K312 I'AGEj 59
not to exceed twenty feet in width along the Ute Cemetery and
Ute Park as described in Exhibit B attached hereto together
with the appurtenant rights as to the strip hereinafter set
forth. The easement includes the following:
(al The right to grade the strip of land and to
extend the cuts and fills for such grading into and on the
land along and outside the strip to such extent as the party
of the second part may find reasonably necessary, subject to
approval by the City Director of Parks and Recreation;
(bl The right of ingress and egress from the strip
over and across the adjoining land of the party of the first
part by such routes as shall occasion the least practical
damage and inconvenience to the Ute property.
Party of the second part shall indemnify the party of
the first part against any loss or damage which shall be caused
by the exercise of the rights of ingress and egress or by the
wrongful and negligent act or omission of their agents or
employees in connection with this easement in the course of
their employment.
The party of the first part shall identify those trees
which must remain undisturbed, and the party of the second
part agrees, wherever possible, to not disturb those trees.
The party of the first part shall have the right to remove all
other trees which lie within the easement at any time after
the party of the second part states their intention to commence
construction, and the party of the second part shall give the
party of the first part at least ten day's notice before com-
mencing such construction by delivering a copy of such notice
to the City Engineer for the City of Aspen and Director of
Parks and Recreation for the City of Aspen.
The party of the second part agrees to complete all
construction through the property described in Exhibit B by
-2-
. -
.~
~
~
BOOK312 PAcr160
June 1 of the year in which the subject sewer lines are
installed, and the party of the second part agrees to provide
sewer lines to the property described in Exhibit A hereto.
The party of the second part agrees to restore the
bike path to its existing condition if and where it is damaged
during construction on this easement.
For so long as the easement shall be used, the rights
granted shall be a burden and benefit to the respective
properties herein described.
This Agreement and the easement arising under it shall
inure to the benefit of and be binding upon the parties of the
first part and second part so long as they retain any fee
simple interest in the land described in Exhibit A, and upon
the successors and assigns of the party of the second part
to the extent of their interest in the property described in
Exhibit A. This easement may be freely assigned to include
but not limited to Aspen Metropolitan Sanitation District.
.... '" '. ~." ~. ... '. ....
.......',,.. f-~t.L CA' - I"
,0,. ,.;o,~ .........'}> I, Standley,
..' '\:". -, ..~ :(' . .
''<'.' .J, ...,,-, ~""
: "'~.t 'K .. /,
,~. -0 _
" v : ('f -:";( ~ 7: ~ Q ~
,~;;;~u.'".-.I"\"":'i~ BENEDICT LAND & CATTLE COMPANY
I ~". .-~'
't, ~~'" ..~* .....;: .---::>~
"~"";'1"&R);';":~' B~a.;::::..~o~
'" ,""{R".l'J....~~~,-.,;,.,.,.."lt,.,.~~ " FrcdricrA. D~~dict, President
'" .....',,' . '" ' 74 . a :t' r..n;-; JEC.C,,:c,~> n 'C~
..,.'.. / / /~AL,~a~,&.~
~;~~~;;-(~-~, 7"" 2/f!~
~~r-:~;?~""",~".b
~qc:::;;;?a-?~L"- --'./.-?/~--7---~
~bienne Benedict
^"d"":d/lf;;:;r
~ Robert S. Goldsamt
in P::tct! Flv4
-3-
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~
~oOK312 p^c1t161
STATE OF COLORADO )
) ss.
County of Pitkin )
'1' The foregoing instrument was aCknowledged before me
/' day of~O--l./.. ' 1976, by Stacy Standley, Mayor
the Cit~. of Aspen, ar Colorado municipal corporation.
this
of
",." ....'..Wi:l;ness my hand and official seal.
<.~\ ~~..~:c-ommission expires:
1~~~~bJ!;~ / ",. ires January 24, 1978
:.: -<r-
\ <1'\ PUB
i~~~;:::,.?:~~~!~P""
STATE"'O~!iCb:GORADO )
County of Pitkin l ss. ~
~f\-'" IY\A<ldA-Io\.JQ.. ~ U,,:::r~,\:le,,'1
The~going instrument was ~nOW1edged before me this
/~ day of .##L~ ,1976, by F-redrie A. D~ncdi~~, Presi-
dent of Bep~~ict La~ & Cattle Company, a Colorado corporation.
,..".",' ,. ~"".":'(.::;"'{"
/:;'~\\'~~"~~~~ii~i~~n~x~i~e~~ficial seal.
~p~~i6iv'~x.,"""';;~' ua24 lc> _ _ .
~i'.". ~ -;; ~-<:.~;t ry, 1978 . Ui!thJ ~( ~
~ n \ Pu 0 \ \'\.t Notary
.."~!::-... \iil/'; Public
" {I" <f' "~~",;;"""
".'.....Or: ,,'
"'~~
,; '.~::~F~~,T{;:;t~.,.:
STATE 'OF COLORADO
~y(~
Notary
Public
County of Pitkin
)
)
)
ss.2
~.,. '^" ('\~_' f'\
"'A-~\Ot\e.. ~~ TT'I 1ll\:'l\-e'6--IY\- ~i'
~ ~~ ~O~
instrument wa acknowledged before me this
, 1976, by Fredric A. Benedict and
Tl;1e ,foregoing
/q day of '-111 ~ _
Fabienne Benedict. 0
::-;}iWitness my hand and official
r''':i.:';fS:"",\",:""
t"i".,~y;icommission expires:
"..,,;,':jYfi'ACtJ" expires January 24, 1978
/c'1i'.,.,",.....,
~. ' , ",.'".".~. i,k-,,,
,,'v", "":~
i' '"v,' -r An,'l,;'
,;:;.'i.:.t.:"\ f) \ (.\ l;;:~
'" . \ . "".,;;<<,.,..;1.,., <"
f ,: ~~~..
""~..~ .. .,'''".:..,',
"-. -J'\ Pu 8 \..\;.
:.~ . /. '~, "":"/,;~,.'!.';t' .," +''''::
'" "7) ", '''',',:;y;.". '';;'
',..,.~..~.~:~~!i{)
seal.
~~(~
Notary
Public
.".".,.
-4-
r--..
,1"'"'"\
.;
"
aDOK 312 rACE 162
STATE OF COLORADO )
) ss.
County of Pitkin )
The foregoi~~~instrument was acknowledged before me
this 15 day of ~, 1976, by '''\6;('0'' Y. I^-~hL, ;>'L:"v~..';'.l' 1;.('1,)(,
i~-~--~" Robert S. Goldsamt.
::t:::i::i::n:X:::e:~fiCial seal. .,.};;,;:'::~:~" ~:~;:,~H~f,\
My CommissIon expires NOll 14 1'~~:if/~;;'-'''" .,~~.. ,
. . ~\.i;?z:,t;;:~~i:;';'.r,'; ,C,_>/'',- 1 "'l '~l ';:;:,P;,:' <,~
'/,"V' . :'-.'00- J I I (, I)'~\ ,-
f! O'<(f'J;e jp (1.Mc.(~;.'p',,~,{ ;~W.~(;.,"-1:'-o:.C~1.>,; ::'. .'
N t P b ">',"'- '"" ",t'lliI'.
o ary u 1,' ',; '. -I \;>".,, , " .f''',
""";(:'::.i:";!~~;~;';:~~';"
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"
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,
800K 312 PAGE 163
EXHIBIT "A"
PROPERTY DE,=CRIPTION
A PARCEL OF lJ>.ND ~rT()A"~ IN THE: EA::>1 J.2. OF SECTION lB. I: 10:'"
RB4W. OF THE. 1O-rH. P.M., PifKo!N CO,->N'TY, CO..oRACo. ~'D ?~CEL I~
MO;;1.E FUU.-Y ,DE5C.R16E.D AS FOLLOVV~ "
i3E[;INNINS AT CORNER e> OF I1-IE RIVE.f<51.?C: Pt_AC.E.R, M.S. 3~DSAM.;
j'r'ENCE. NOi'm-! Z42..at,. FEEl; TI,-lENCE Nee"5;"<<;'-E. 14eJ.71 FEE.T; .
TH!:..NCE EAST 2..54 FEET; THENCE ,N 15"1'3>'OO'E. 1:,7.22 FEET ~ TI<<:.Na:.
NW';CiOO"W 13z.. 58 FEE.T; THENC.E WE!::>T 125.00 F'EeT TO A PoINT ON
LINE B-::;) OF SooID F<\VERSIDE PLA:.E.R; THENCE: NDKTH 'Z..Z'7.77 FEET
ALONr.. SAID L\NE.8-9 TOAro:...rrOIJTHE: ~R1-YuNE.OFRI~I~~"':!>lCN
~!O"D€D \1\ 'B~T6J!.l-'>' ; THeoN(:=. N e~' ?Z' 14'C S~l.",1 F~ A\L!"o.1~ ~\D EX! eN5:CN $ So:..~Et>.i..Y.
e.::x;NDARY OF 5"JD F't1~1DE. SVOi?i\'610N; OHE)\CE:. SOU1 H ?>'7.0lS FE.e-T'
.. '
OHE.,'\lC.E. Nre"51' iO"E \"Z.s.~7 ,FEET ; 'TI-\ENC~ N 5\"?>Z'S7 'E 15z..e~ FEET'
THENCE N 00' S'7'49"W Z9.~:, FEET; THENCE N SI'%'OO"E 1102..;.0 FEET
TO t>. POINT ON THE. VVE:S-rEKLV Ri6HT 0;:: WAY UNE. OF Hl(:,H\,,;o..y NO. e,z...
7}-ENCE. S2i'=o'OO"E ,,~....~ FEET ALONG> S"JD RI6Mr OF WAY; 'HENCE.
~2.7."Z?/OO'E 75.604 FEET ALONG> SAID RIGI-lT OF VYAV; "THeNC.E. ~40''Y->'E
~~.21 FEET PoLDNG ~\D RIc;.K'i OF' WAY; THENCE. :;:'S.~'",9":zA-e. ace FEET
Al.DNG SAID IZ\G.-IT OF WAY; ll-iENCE 107.~:. FeET ALONG "1l-lE. ARt:.- OF
A cuRVE Toi1-iE L~FT l--\A-VING> A RADIUS OF 5770.00 FE.ET, 'T"e. C;.oRD
, OF WI-IlC-H BEOARS 5>zs,'07':;.1"E. 107.es FE.ET; THENCE. S:55cOG; 5-4'E-
~.:D.oe FEEl ALONG. SAID RIGHT OF WAY; THENce: ~2e: ~7'OO"E fb7,Bf;>
FEE.T AU'i'6 SA-lt:> RIGI-rrOFVY:<>.Y; 1\-lEN::.E.. :;'\':;.~e FE.E.T ALONe:. .riE
M'<CoFACJ.J~VE.. 'TO -r1-\E. LEFT HAVING A'RI>DIVS OF' GCi~.OO FO::=-:T,
THe;. CHORD OF W'HIC.H 6~ 544":;'Z'00"E. 310.<0.4 FEE.T; THENC.E:
S5~'Z7'OO"E:. 104.10 F'EE.T ALONb SAID RI("HT OF \/YAY; THE.NCE.
NB9'4G'00"W L?U>.O;, FE.E.T ; ,HENCE "3:>00' IA'OO"W 2::>1.75 FEE.T'
THENCE. S"'7"::>f'04"E' 20-::'7.70 FEET'; THENCE. SOo-I4'OO"V'I/ 140.00
FEEX; T1-iENCE. N89'4GiCO"Vv' 270.00 FEET; -n-:.ENC-E N OO'IA'CO"E.
Z30.~ FEET TO CCRN"'-R I OF SAID RIVERSlOE. PLAC:E.R ; -r..-lE.NCE.
N8g."Ob'204''W (C.!:;,.43 FE=.I ALONG LINE g.-I of ~ID F<IVE..R-
"3:>\02: P'LACI:O.R; TKe.NC.<=.. "::>0.9'Z5'ZI"VV 417.ZZ. t"E.€:1'; TH=N::.E.
Ne,4"OO'OO"VV 1.00.00 F;:;.E., ; ,HENCE N4e>'OO'OO"VV 3:;0.00 FEET;
THENC.E. Nbe,cOO'oo"w /20.00 FE-E.7; Tl-lENCE. N38.'I'ZS"E 1'?S.05-
FC:::E.T TO .HE pO It-IT OF e.O::GIr--N1NGo, CONTAIN''''''' Z4.~~_~E.S
Moi<:.E OR LE.==E:>.
:~ ..
t".
~".~'. ,~'.
'l>lrnrBJ:'1' .' B~'-~
:..--'~--"-~-'-'-'.---'~
1"",
.
. t""""\. , BOOK 312PA~E164
':< ,'. EASEMENT
~.-. .
~-,. ~,',..
A SEWER EASEMENT SITUATED IN THE NW 1/4 SE 1/4 AND
IN THE NE 1/4 SW 1/4 OF SECTION 18, TrniNSHIP 10 SOUTH,
RANGE 84 l-ffiST OF THE 6TH PRINCIPAL MERIDIAN,
PITKIN COUNTY, COLORADO. 'SAID EASEMENT LIES
WITHIN LOT 6, HOAG SUBDIVISION AND IS 20 FEET
IN WIDTH LYING 10 FEET ON EACH SIDE OF THE
FOLLOWING DESCRIBED C~NTERLINES:
'.
EASEMEN'T NO. 1
BEGINNING AT A POINT ON THE SOUTHERLY LINE OF
SAID LOT 6 WHENCE CORNER NO. 9 OF THE RIVERSIDE
PLACER, M.S. 3905 AM., BEARS S 89012'07ft E 228.49~,FEET;
THENCE N 56043' 00" W 54A7 FEET; , '
THENCE N 77024' 00" W 71. 25 FEET TO A POINT' ON THE
.SOUTH'l-ffiSTERLY LINE OF SAID LOT 6, THE END OF SArD
EASEI1ENT. .
. .
EASEMENT NO. 2
"
. ,. BEGINNING AT A POINT ON THE SOUTH'l-ffiSTERLY LINE OF
SAID LOT 6 WHENCE CORNER NO. 9 OF THE RIVERSIDE
PLACER, M.S. 3905 AM., BEARS S 75059'10ftE 459.20 FEET;
THENCE N 50010'00", W 160.16 FEET;
THENCE N 70030'00" W 110.90 FEET TO A POINT ON
THE SOUTHWESTERLY LINE OF SAID LOT 6, THE END OF
SAID EASEMENT.
.'
'.
EASEMENT
A SEWER EASEl1ENT SITUATED IN THE NW 1/4 SE 1/4 OF
SECTION 18, TOWNSHIP 10 SOUTH, RANGE 84 WEST OF
THE 6TH PRINCIPAL MERIDIAN, PITKIN COUNTY, COLORADO.
SAID EASEMENT IS 2.0 FEET IN 'WIDT:Ei LYING 10 FEET
ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE:
BEGINNING AT A JOINT ON THE EASTERLY LINE OF UTE
PARK WHENCE CORNER NO. 9 OF THE RIVERSIDE PLACER,
M.S. 3905 AM., BEARS N 38011'25" E 123.1.7 FEET;
THENCE N 56043'00. W 151.36 FEET TO A POINT ON
THE 1,'ESTERLY LINE OF UTE PARK, THE END OF SAID
EASEMENT.
:
.
. .
:
"'t"'.. -'_"""""~
~,
^
R corded At 3:58 PM May __, 1976
e
1839("'
Julie Bane RE~qrder
BOOK312 PAGf152
REception no
EASEMENT GRANT
KNOW ALL MEN BY THESE PRESENTS, that FREDRIC A.
BENEDICT, FABIENNE BENEDICT, and BENEDICT LAND & CATTLE
COMPANY, a Colorado corporation, collectively referred to
herein as "Grantors", P. O. Box 40, Aspen, Colorado 81611,
for $10.00 and other valuable consideration to them in
hand paid, receipt of which is hereby acknowledged, hereby
grant to the CITY OF ASPEN, a municipal corporation, referred
to herein as "Grantee", 130 South Galena Street, Aspen,
Colorado 81611, a perpetual non-exclusive easement and
right of way over, upon and across the following described
strip of land situated in the NW one-fourth, SE one-fourth,
Section 18, T. 10 S., R. 84 w., 6th P.M., Pitkin County,
Colorado, to wit:
The Easterly 30 feet of Lot 21,
Riverside Subdivision
The grant includes the right on the part of Grantee,
its agents, servants, employees and contractors, to pass and
repass over the said right of way, in vehicles and otherwise,
for the purposes of water lines and the maintenance, and repair
thereof.
This easement shall inure to the benefit of the Grantee
and its successor municipal corporations but it shall not be
assigned or transferred by the Grantee, in whole or in part,
to any third party or parties without the prior written consent
of the Grantors or their heirs, personal representatives,
successors and assigns.
-,
~.
^
.,.-,.,
-~
BOOK 312 PAGE 153
IN WITNESS WHEREOF, the Grantors have executed this
~ ~'
Easement Grant on the /~ day of A~~, 1976.
~~P4 ~-h.-/J
-fv-J;:li ~
"."", ".,'",. 0: The foregoing instrum nt was acknowledged before me
../'.1. ,:1."J}4."..this~ day of~.t!.d':'l, l.276, by Fredric A. Benedict and
,"-.;y ~""'""'"""" ~ FJibienne 'Benedict .J?j., f YfI~
.' ,';>:' ~ ~j:>V ... ~ ';.
,~" f ~'\..\>" .1:':' '\ ; Witness my hand and official seal.
, "? '~-- , 0:
:',~ ;':...:~U'0\~~~zl My Commission eXPires:~t0v J- /971
"~, /..., ',,' ~...&...-'" .. -0""" ~,,'"
" 'I",' 'n"" C "
" " ,..."
!""
',.".
...."'..........."'"."\\"
~--~Ai:'ll:'IiJJ!. ~'l,
...-' '\.' ......., . ,-( .~
, ". , ',,' ('
..: _:',.;,,~~1_' . eO':'," .....,
~:.;:;;n',' .' . a.t'iti. ':'~;:.
... .. -'-'., .'- c,_,..;.',... ._'.
,.~: S :OJ':';'~<,'::': '.,.;;,
i~k~, ~\~:r~'..:\t;);~~j!,;12' .... ~ },"'t;:::,
':, I .; '{Sea.Lofl"'" .,. -',;}'
\- ". ri> ~>~'.".':'~'.~;.'~1_-( -'::.tx1:~~:-
~\ Iii'<'-';;- "p. ,",';I. . - :;!'~"';'
)~::'" ..,'" ',' ......;.....>.,.1Ar-'
,"o~\,.,....' , . .... ."
S'~l'~.;:e.~ ,C:'OLORADO
.'"..,;.;.<,'1'-.;-.;..:':.....: ,"',:
~~a~
...6bc;;;;;;;?'~ ~4~a~~ /.>2'2/-~' .~
-~edric A. B€nedict ~ ~~
~ ~./-.o ~ e-r::2... dc?d ".-..v
./~-? ~L:?-.-:?~A2 4.~.p ~/-~_ ~
-i'ab'ieiin~ BeneClict ~;;::5~
BENEDICT LAND & CATTLE COMPANY
B~~~~-<<-
prcdric 1{. R~p~~~ct, President
"2:V~ _
ss.
County of Pitkin
STATE OF COLORADO
)
) ss.
)
County of Pitkin
?-
. "".1.he for~.'!J:? instrument w~...ac~oy;')..Jl~d..9'~<;l before me
thJ.s /9-day of' , 1976, by J!ln.dl1.c 'zr?~criocrict as ~
President of Benedict Land & Cattle Company,' a Colorado ~~
corporation.
" ,.' ,~
'"'\ . t,\ :?l "
,',_ ."'''.. -1 L
:' ,I. -.I' ~,,", -....,.~.. ~
;,' .: \"'>' I"
,~: "\' I\, Ii) '. ~
~ ': t',\ \ lj\, ~
:' ~ . '." \) !--~ ..
: "'_: ','-,' "'-:"J... r :0
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- ~ ",',~ ,,";~
&:. I:) I ,\"1\,~ .~:.'"
'( ..... ;' UP .,.t.:;:::"
,~."." ....~~, >
. /,1 .'........ ~,,"'"
"k' Orv
Witness my hand and official seal.
My Commission expires t:>?~ 1; If 7 r
-/~
Notary Public,
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/--' 8() 800K312 PAGE125
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BOOK312 rACE 126
EXHIBIT "B"
DEVELoppmNT SCHEDULE - CALLAHAN SUBDIVISION
A. Condominiums. Subdivider will commence the construction
of condominium units contained on the Plat in the 1976 or 1977
construction season, with the completion of such units contemplated
in 1977 or 1978.
B. Clubhouse situated on Lot 14. Construction of any improve-
ments to the existing structure and any alterations thereto shall
be completed by December 31, 1979.
C. Recreational facilities contained on Lot 15. The facilities
situated on this Lot shall be constructed by December 31, 1979.
D. Roads and Utilities. Subdivider will commence construction
of all roads and utilities provided for on the Plat prior to commencing
the construction of any other facilities or sale of any single
family or duplex lots provided for on the Plat.
E. Subdivider shall have the right to construct, by staging,
any portion of any of the facilities provided for on the Plat at any
time he decides within the development schedule heretofore set forth
for such facilities.
F. No certificate of occupancy will be issued for any im-
provements until all roads and utilities servicing those improve-
ments shall have been completed. Construction of utilities
and roads to all lots except lots 15 and 16, must be completed
before a certificate of occupancy will issue for any improve-
ments thereon. The certificate of occupancy for the improve-
ments on Lot 15 shall in no way be tied to the certificate of
occupancy for any other improvements. Further, subdivider shall
complete all landscaping shown on the Plat by December 31, 1978.
G. Subdivider will be deemed to have complied with the
previsions of. the Plat for improvements on Lot 15, if such improvements
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BOOK 312. PAcd27
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do not exceed the footprint or vertical elevations contained on
such Plat for such improvements.
H. The only sanction for failure to construct any portion of
any of the improvements on the Plat within the times provided for
their construction hereunder shall be withdrawal of approval by the
City for those improvements not so constructed and shall in no way
affect the validity of the approval for those improvements constructed
within the times provided for hereunder, or in any way give rise to
any claim by the City of Aspen or by' any party claiming under or
through the City of Aspen against subdivider for the cons,truction
of any such improvement or for damages for failure to construct any
of them.
I. To the extent of any conflict between the provisions of
this Exhibit B and any other portion of the Subdivision Agreement,
the provisions of this Exhibit B shall prevail.
-2-
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EXHIBIT A
SPECIAL INSTRUCTIONS
This Exhibit is intended to advise the City of
Aspen ("City") that the First National Bank in Aspen ("Bank")
has established its irrevocable credit Number in the
City's favor for account of Robert S. Goldsamt ("Goldsamt")
available to the aggregate sum of $271,000.00 by drafts
drawn at sight on the Bank.
The terms of the draft are as follows and as such
will be duly honored:
Robert S. Goldsamt, as subdivider under the Subdivision
and Planned Unit Development Agreement for the Callahan Sub-
division ("Agreement") (a copy of that Agreement is attached
hereto and incorporated herein by this reference) has promised
the City that he shall guarantee one hundred percent (100%)
of the current estimated cost of all common improvements within
the Callahan Subdivision agreed by the parties to be $271,000.00.
The commitment shall be irrevocable until the
construction of the improvements has been completed under the
terms of the Agreement or until $271,000.00 has been paid out
for the common improvements under the letter of credit or
otherwise, whichever occurs first. Provided, however, that
as the construction of the improvements progresses the amount
of the commitment shall be reduced in proportion to the
completion. Provided further that this letter of credit
may be revoked upon Goldsamt providing an alternative form
of security meeting the requirements of Paragraph 2 of the
Subdivision and Planned Unit Development Agreement for the
Callahan Subdivision.
If Goldsamt requests, the City Engineer shall
promptly compute the percentage of improvements completed to
the date of the request and notify the Bank thereof authorizing
^
"-',
it to reduce the commitment in that amount, except that ten
percent (10%) of the estimated cost shall be withheld by the
Bank until all proposed improvements are completed and approved
by the City Engineer or until such ten percent (10%) represents
the only funds subject to the letter of credit, and if at
either of such times $271,000.00 has been paid out for the
common improvements or they have been completed, the letter
of credit shall lapse.
If this Application for Commercial Letter of Credit
is signed by one individual, the terms "we," "our," "us,"
shall be read throughout as "I," "my," "me," as the case may
be. If signed by two or more parties, it shall be the joint
and several agreement of such parties.
This Agreement shall be binding upon the Applicant,
the legal representatives, successors and assigns of the
Applicant, and shall inure to the benefit of and be enforceable
by you, your successors, transferees and assigns. If this
Agreement should be terminated or revoked by operation of law
as to the Applicant, the Applicant will indemnify and save
you harmless from any loss which may be suffered or incurred
by you in acting hereunder prior to the receipt by you, or
your successors, transferees or assigns of notice in writing
of such termination or revocation. Furthermore, this Agreement
shall be deemed to. be made under and shall be governed by
the laws of the State of Colorado in all respects, including
matters of construction, validity and performance, and none
of its terms or provisions may be waived, altered, modified
or amended except in writing duly signed for and on your
behalf .
-2-
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First
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POST OFFICE BOX 3318/ ASPEN, COLORADO 81611/ (303) 925-1450
IRREVOCABLE COMMERCIAL LETTER OF CREDIT
TO: City of Aspen
Municipal Corp.
No. 185
Date:
May 19, 1976
Expiry:
November 19, 1977
Gentlemen:
We hereby authorize you to draw on THE FIRST NATIONAL BANK IN ASPEN
for account of ROBERT S. GOLDSAMT up to an aggregate amount of
$271,000.00 available by your drafts at sight at the First
National Bank in Aspen per Exhibit A, Special Instructions
(attached), and per Exhibit B, Conditions.
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POST OFFICE BOX 3318 / ASPEN. COLORADO 81611 / (303) 925-1450
IRREVOCABLE COMMERCIAL LETTER OF CREDIT
TO: City of Aspen
Municipal Corp.
No. 185
Date:
May 19, 1976
Expiry:
November 19, 1977
Gentlemen:
We hereby authorize you to draw on THE FIRST NATIONAL BANK IN ASPEN
for account of ROBERT S. GOLDSAMT up to an aggregate amount of
$271,000.00 available by your drafts at sight at the First
National Bank in Aspen per Exhibit A, Special Instructions
(attached), and per Exhibit B, Conditions.
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May 19, 1976
'.
,
Thomas S. Starodoj, President
First National Sank in Aspen
Post Office.Sox 3318
Aspen, CO 81611
EXHIBIT B
Dear 'rom:
, "
REi!: CoIllIitercial'Letter of Credit No. 185, Conditions
..
and
the
. .~. .
1. This ~etter, ~ogether with the foilowi~g docume~ts
instruments, shall comprise the terms and conditions of
above-referenced Letter of Credit:
(1) Application for Cqmmercial ~.tter of Credit
, dated April 27, 1976.
(2)
185 with
, ,
Irrevoc~le . Commer,cial Letter ofC~edit No., .
~xhibit A, S~ecial Instructions. "
~ '.. , . " ". .
" : (3),. promililsory Note, with Exhibit A, in face
,amount of $271,000.00 made by ~obert S. Goldsamt..
'..,. (4)" D~ed. t;lf ~;us:t, with Exhibit A~' securing the
'J?rolllissory Note referenced in (3) above.
~ " . .(5)
. Callahan
; , . .
. Subdivision and Planned
Subdivi$ion~ .
,~ "." ~-. ~'. .
Unit Agreement for the
(G)'Authorization to Pay Proce,eds of Note.
..
:,2. , . ,Peliverecr. to you herewith is a check in the sum, of
$677.50 on behalf l?f Robert S. Goldsamt ("Goldsa~t") repre-
senting payment of a fee in the amount of 1/4 of one percent
of the face amount of the letter ofcredit~ the,acceptance of
whiphwillobligate the.First National Sank in Aspen ("Bank")
to issue the above-referenced Letter of Credit. '
. ,
.. 3. ~ldsamt repre~ents to the satik that the Letter C:;f
Credit is for the limi:tedpurpose of securing the performance
of the subdivider under the Subdivision and Planned Unit De-
velopmen:t Agreement for the, Callahan. SubdivIsion and that
Goldsamt shall not tre<;!.t the Letter o'f Credit as interim '
, financing: nor draw" upon' it to finance any of the improvements
contemplated under the aforementioned Subdivision Agreement.
". '.'
4~ Prio~to the.e~piration of. Eii'~ty (60) days from
the date h~reof, Goldsamt shall either replace this Letter
of Credit with a similar obligation which shall be satisfac~
tory to the City of Aspen and which shall also provide for
the full and complete release of the Bank from any furt~er
obligation under this Letter of Credit or pay to the Bank an
additional sum equal. to 1 and 3/4 percent of the face amount
,of $271,000.00. It is understood that, in the eVent Goldsamt
fails to replace this, Lettsr,of Credit, he shall be obligated
to paY the aforementioned additional sum within the time provided.
.....
"
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Thomas S. Starodoj
page 2
May 19, 1976
, 5. Upon submission, of an MAl appraisal, the Bank agr~,es
that it will grant partial releases with respect to the property
securing this Letter of Credit. The extent of the partial re-
leases will be limited, to thirty percent (30%) of the appraised
value of the entire property, provided the ,Bank shall have com- ,f
plete discretion as to what part of the property it will agree
to release; and, ,further, the Bank,shall also have complete
" discretion to reject for any reason all or any part of the
'ap.praisal, ,whereupon the Bank shall be under no obligation to
grant any partial releases hereunder.
'6.' Golds~mt represents that there will be i~sued to
the Bank a, title insurance policy, premium paid, as per Stewart
. Title Guara~ty Company commitment No.CC23429 of April'19,
, 1976.' The. failure of Goldsamt to cause the issuance and de-
livery of the aforementioned title policy to the Bank within
ten (10) days from the date hereof shall be an event of de-
fault under the Letter of Credit, lothereupon the Bank may ter-
minate the same. '
'.
.~~~~;~~~'..~
Approved:
First Nati~n~l Bank in Aspen
By~tar~~~-
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.::<t~~~I, (;"IOtOdo" (.'-'.
'C:vision bf Plonning/5?4 So~i~1 ServitC5' tlldv.l ",,,wer.130203
NpTICE OF INTENTiO Af'Pl.Y Fon FEDERAL AID
,- I ~
St:7&"~CO-/: )"3:t2!
rARD rYeE "
"'-'---
10-11 Af'I'Llt:M-lT PRO.lEe r TI ru: 12.71
01
Aspen Club
f~P,7LIi.:ANT AGENCY' ]-4S
COUNTY 61.1!) I ZIP C(,lOE 76-ao
;;D;~~;~ 6 r!;:;; 1
liM'6 12.71
PROJECT LOCATION. CITY12~45
I PROJECT lOCATION. COUNTY 46a79
P'itkin
12
City of Aspen
FEDERAL FUNDS MATCHING FUNDS
GFfANT 12..19 I' OTHER 20-27 STATE 28..35 lOCAL 36~3
-0- p,800,OOO ~O- -0-
lYPE OF orHER FEOERAL FUNDS \2-4S 90% guaranty to
provided bvFmW>'~B & I Div,ision
FEDERAL PROGRAM rl T1..E 12..71
Business & Industrial Developement
FEOEr:tAt.. AGENCY NAME 12-45
United States Dept. of Aqriculture
OTHER
FUNDS 44-51
TOTAL
FUNDS 52.60
1,000,000
3,800,000
13
bel TYPE OF or,,:" NON-FEDERAL FUNDS 46-70
OWners Equity
14
Loans Program # 10.422
I FEDERAL Sl..;="~GENC,Y 46-79
Farmers Home Adm. Bus. & Ind. Di,.
15
TYpe OF APPLICANT: lcheckthe SIt'igle IT\()Sl applIcable boll./
INTER.
STATE STATE COUNlY
012 . 0.3 0,4
lYPE OF,A.CTlON: (checl( as many poltes as applv)
CllY
D,s
SCHOOL
DISTRICT
0,6
specl':'~
UNIT
0,7
COMMUNITY
ACTION
018
SPONSORED
ORGANIZATION
0,9
OTl-;E:R
[Zl,o
,16
NEW CONTINUATION SUPPLEMENT INCREASE
GRANT, .'~ .....GRAN=t' .._..... ... GRANT DURATION
kJ2\ On 023 024
is STATE PLAN IS PROJECT UNDER
REQUIRED? A95,JURISDICTION?
May
HAS FEOErIAl.. FUNDING
AGENCY SEEN, NOTIFIED?
1st
INCREASE DECREASE
DOLLARS COLLARS
027 0,8
IF STATE AND/OR' lOCAl. MONEY
1$ REQUIRED. IS ITi'
ALREADY IN KINO FUTURE
APPROPRIATEO MATCHINC APPROPRIATION
D3S 036 037
ESTIMATED ENDING DATE
I.DAY 46:47 YEAR 48-49
30th 2006
Wn..f- PMOQ:j...\M NECES. WILL FUTUFlE STATE FUNOINGAEQUIREMENTS
SITATE Hli=lING N:.'.'~ I
CURRENT, UNANTicl" STATEEM?LOYEES? I
APPROPRIATION PATED' YES NO INCREASE n a OECREASE
fK)S2 053 DS4 ~s; OS. 057
ESTIMATED PER CENT CHANGE OF MATCHING MONEY
oeCREASE
.- OUR~TION.' . c.t\Nce:"'!....AilON
0,; 02;
eNVIRON~.tENT AL.
IMPACT?
YES
029
NO YES NO
k]JO 03, k]32
ESTIMATED STARTING DATE
DAY '40..41 YEAR 42.43
YES
033
NO
kJ34
MONTH 38.39
MONTH 44-45
1976
April
PROGRAM FUNOtNG
YES
kJ50
NO
Os.
CONSTANT
OS6
n/a '" OF MATCH
CURRENT FISCAL YEAR
LOCAL
12..14
STATE
lS..11
. FEOE~AL
\8-20
SECOND FISCAL YEAR
21.23
2~..::S
21..29
17
THIRD FISCAL YEAR
30-3'
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H.1~: :...:'........i.;a..L.1,.lCH.'.t.........._--strn"'t llLlAR M"'rCH
!'t"',!t t...1 -; ..... -;-0-;':"0;:'- "66:73
.....,.L:.&.u :--,
ti"'"~:"'l;:'J OF
l
; ~"\I'...I,.""..J
INDIRECT .'ROGUA:I.;, cosrs
3$.046
OVERH(AlYPROc-.RAM COSTS I~. l~.. ';I~.O
41.54 (AS1) !t5~57
FORM NO.
D4.EeO..NSf= 1172..1
DO? 73-1
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~ING,
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,.::EN
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" -:-"lEEK
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NORTHW(');OCORAOO COUNe,c OF GOVERNMENTS ."-'"
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HoUday Cen!cr 9uilding'" Suite:?OO
p. (l. BOX 737
FRISCO, COLORADO 30443
(393) 468"5445
COMMENT SHEET
Date:
. .
Northwest Colorado' Council of Governments
P.O. Box 737
Frisco. Co. 80443
Name: Stacey Standley
Title: Mayor
Agency:City of Aspen
SUBJECT: Project'Summary Notification Review
.
TO:
FROM:
o
o
o
, "Applicant:
Robert S. Goldsamt dba Aspen Club
Proje~t: ' Aspen Club
State Application Identifier: 76-01-13-01
This agency does not have an interest in the
above projel?t.
This agency has further interest in and/or
questions concerning the above project and
wishes to confer with the applicant.
,
ft\.,\;--...........
"...-
s~"
;
.
This agency is interested in the above application
and wishes to make the following comments:
( ) Favorable comment
'( ) Negative ,comment '
( ) No comment
-,'
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,t''''\ItFlELD ~ HECl IT
ATIOB.N5.YS,.1..:" LAW
POST OFFICEz'::<: 8lJ7
ASPEl'l,COLOR.'':v 8\6.11
'R'( .'\,,- 0
.\CoJ-.~l}t.. _
_.......~.._-,.:
>lA 1.0 GAR FInO
",jR.ql V.llEOIT
-
-,;N.1.. LAWRENCE
January 6, 1976
JM.113 1976
t... ...: .Jf
f-L.....:..ui'iG
TE1.EPHONE
PO)) nS.19J4
I
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(
Mi _. Richard Brown
Regional Council of Governments
Division of Planning
State of Colorado
524 Social Services Building
Denver, Colorado, 80203
oo;ep16 -0/-/3-01
I
I
Dear Mr. Bro~m:
.
'I am submitting a notice of
aid on'hehalf of my client,
Aspen Club.
intent to apply for federal
Ro=~rt s. Goldsamt, dha The
ln support .of Answers 31 ai1G' 32 I wEl briefly -discuss. ' -
the scope of the proposed development and its environmental
impact. First, you should note that the Government of the
City of Aspen has preliminarily approved the development
and has thereby found nO subst~~tial adverse environmental
affects from this project, nor are there any irrevocable
or irretrievable commitments 0= resources.
.
I
I
I
f
,
The project is intended as a r~al' small business and it
is not contemplated that its development will have a sig~
nificant impact outside the As:~nt Pitkin County community.
Therefore, we have asserted that the project is not under
A-95 jurisdiction, and that the environmental impact is
minimal. '
Sincerely,
&~~:~.r ~..
An.drew v: Hecht
AVH: lh
Encl.
cc:
Northwest Colorado
of Governments
Mr. Reg Burton
Counci:
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Notice is hereby giVell~atfhel>.SP~~;lannillg and Zoning' Commission
shall, hold apubliche:ng on December ;2, 1975, ''-'5:00 p.m. ,City
.~un~~~ <;::;;~:;::;:;;;;;V;:;;;O~;;;~;;~;~~l;~i~a~:~w~U~;ViaiO'
\"6 A parcel of Land situated in the east 1/2 of .
\y. ", ....,. S t'18'f )' 10 ]
' . ..' .. ..,. . '. ec Ion , OIYl1S IIp sout 1, Range84 west
'~" ." the 6th principal meridian, Pitkin County" .
'\ ...sf.... ,... '.' Colorado. Said parco! being more f. UllY.. d. eSCl'ibed:
Wy . ';, as follows: '., ,.' '. . ......... " .
" ncginning at corner 9 -of the Riverside Placer
MS 3905 AM.;
Thence north 242.86 feet along line 8~9 of said
Riverside Placer;
Thence N 89053'46" E 149.71 feet;
Thence cast 2.54 feet;
Thence N15 0 13' 00" E 137.22 .feet;
Thellce N 28030'00" IV 132.58 feet;
Thence "est 125.00 feet to a point on line 8-9
of said Riverside Placer; ,
Thence north 225.77 feet along line
Riverside Placer to the SW corner of the
Addition; ~~
, Thence N 89.5!;! I 14" E 531. 61 feet along the
Southerly boundary line of,said 'Riverside Addition;
Thence south 35.06,fee1' along said south line;
Thence N 89. 51'10" E 86.86 fe'et along said
Southerly line; ,
Thence north 35'.04 feet along said southerly line;
Thence N 89052'14" E 86.35 feet along said
Southerly line;
,Thence N 51032'57" E 96.40 feet along said southerly
line;
Thence N 00.55'49" W 29.93 feet along said southerly
'line;
, Thence N 51056' 00" E 162.30 feet along said
Southerly line to a point on the westerly right-of-way
line of Highway No. 82;
'Inenee S 21030'00" E 69.69'feet along said right-of-,
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8-9 of said
Riverside
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Thence S 89059'24" J3 8.'00 along said right-of-
Way;
'Inence along sa'id right-of-Ivay 107,95' feet along
the arc of a curve to the left having a radius of '
5770.00 feet, the chord of IoIhich bears S 28.07'51" E
107.95 feet;
..Thence S, 35006'54" E 96,08 feet along said right-
of-Hay;
Thence '5 29.37' 00" E, 67,88 feet along said right-
Of-loIa)'; .'
Thence along said right-of-way 319.97- feet along
the arc of a curve "to 'the 1e.ft havJnfr (~'7.,.dius of 603.00
., '. 0
feet; '. '
Thence S 59027' 00" E 104.10 feet along the southi"esterly
edge of said right-of~"'ay;
Thence N 89.46'00" W 256.03
Thence S 00.11)' 00" II' 231.75
Thence S 67.:;,1'04" Ii 237.70
Thence S 00014'00" 1i 140.00
Thence N 89"46'00" 1i 270.00
Thence N 00.14'00" E 230.00
Riverside Placer;
'l1lCnce N 89"08' 24" \./ 615.1)3 feet along line 9~J. of said
Riverside Placer;
Thence S ()9"29'2J" II' I)J 7.22 feet;'
Thenco N /),1"00' 00" II' 200.00 feet;
Theneo N 49"00'(10" II' 3:;0.00 feet;
Thene" N (,8 "00' 00" Ii 120.00 feet;
Thence N 38"11'2[;" Ii J[.8.05 feet to 'the Point or Beginning,
. cont'ni.nil1g:?5 .00. ~lC1'''(~~i Illore or lc\:~;;.
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feet;
feet;
feet;
feet;
feet;
feet to,
.
corner 'No. 1 of said,
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2. 'The Rezoning to Rural Residential (RR) of Parcell
recently annexed to the City of Aspen and shown on Exhibit
B and more particularly known as:
f'Ar<.ceL NO; I
.
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A "!RAer O'f LAND 0<TLJATEO I~ THIS NW 1/4 eE V4 Of' -::>~11ONle, TtCb,
It B4 W u, lli PM, F'ITI'QN COUN1'(, caoRACO, -::AlO 11<PGT l~ MORE: FUl.LY
DCX<<JBt:O I'b FOLLOwe, :
eE6INNN0 AT CORNER. NO,0 ofiHE RlVER61DE Pl.ACER. (wV;>. :>S05)/
l1-l~ 58",,'06',Z4u C 546,4"1 FEX--rAL.oN0UNE <;)-1 OF b<\ID
RlVE-RSIDE PLAcER. (!;jl')T'N(;l a(-{-CUUNW lANe:.)
1HENCE. ~ CJC:)'Z9' ZI" W .<117. Z:Z. F~ET,'
l1-lENCc. ~ B.<1'OO' CX)"W ZOO.CXJ FfET;
lHENCE N .<1':7.00'CQ" W 3S>O.CO nET;
1He./,JCE. N u,S"CO'c:o" W \?.O DO FEET;
'THeNce: N3Bc,I'Z'5" E l'5o.()~:5FEET TOH-lE. ~!HTOFBE61N~,J/N0
WH1A!NIN0 4.11~ Acr<T.:? /v'\Of<-E. OR L..t~6?,
,3. The rezoning to R-15( Resi.dential of P13,rcel 2 recently
annexed to'the city of Aspen a,nd shown on Exhibit B 13,Ild
more particularly known as:
PARCE.L NO.'2-
A TR.AcT OF 't.-'\ND 61i1JAT>"--D 'IN THE ~E '/4 NE"V4 AND IN /HE NE}.:4
6E:. ~ OF ?EC.TION 113/1100:>/, R &~ W u, TH F.'M. PITKIN COUNTY,CDLO~
~ID 1T<'Acr 1'0 MORE: FULLY DE'OCRIBF-D A'O R?LLOW6 : '
BChlNNIN0 Ar coRJ..JER NO. I OF Tl-jE RlvERSlDE ftAC.ER_ (M.~. 3905).-
-n../E't..JCe H 00' 14' CO" E 5CO..<:\7 ALONG> LINE. I -'-;2. OF ~IP
R!ve:.R-::'IDE. PLACER. (E)(1?11N0 CJW-couNn' UNE.)rO A rolNT ON 'THE bO.JTHWE6T~'(
EO:?E.. or THE. COl.ORAW ?1Anc HICMWAY NO. B'4. {Z''''HT .Of .IYAY f
THEONCE- 30~.08 FeeT AL.oJoJ6 THE. />-fer.., OF' A CURvE -m n-lI:' LEF(
HAVINS A '~IU6 OF 60.00 Ff:ETAND WHO'OE. CHORJ':> BCAR:5 644'455,7"E
;?O5.71 peer, ':?AlP ~ eQN0 lHE.. ~TH\'VC:'.::5Tl::R.L,( ecc?E. OF ~D RIE*-1T'
OF~WA:(i
1He:NC.e ? 5":>'U' 00' E'. 104.10 FeE:f ALON01T-<E 6Ot.JTHWE6TERl...'(
eDSE. cr ~D RjSHT -Gf' - WAY, .
-rr,~E:. N EI3 9 /jG>' CO' W 2.6(;,. O?> FE'.E-T / ' '
11-~ENCE Scoo\.4'CO" W 2.31.76 FEElf
.~C'-NGE. :::, (P7' '31' ~ "E.237. 70 feeT"
'1'HENGE: So 00' {.4' 00' W 140.00 FEET i
,1-lE'.NCE. N 6"!>'-40' CO' W 2.70.00 FEET / '
lJ.-tENCE:. NCO"I4'CO'e 2.'30.ooFEP_T ~THE POiNT Of"BEGINNIN6
UJNTAlNlN0 2..2Z3 ACRE':;) MOREOF?-L.e.f.:>6.
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4. The rezoning from R-15 to RR of Parcel, 3 shown on Exhibit
'B and more particularly described as:
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November 12", 1975
pa.rcel No.3.
Parcel for. Rezoriing
.75-161 Benedict
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DESCRIPTION
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A PARCEL OF LAND SITUATED' IN THE NW 1/4 SE 1/4 AND ..
.,IN THE,SW 1/4 NE 1/4 OF SECTION 18; TOWNSHIP 10 SOUTH,
'RANGE 84 WEST OF THE 6TH. PRINCIPAL MERIDIAN,
PITKIN COUNTY, COLORADO.
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SAID PARCEL -IS PART OF THE RIVERSIDE PLACER,.
.M.S. 3905 A.M., AND IS MORE FULLY DESCRIBED ASP-OLLOWS:
...-..,..-....
'.
',:BEGINNING AT CORNER NO. 9 OF SAID RIVERSIDE PLACER,
A RED Sili~DSTONE IN PLACE;
THENCE NORTH 242.86 FEET.ALONG LINE 8-9 OF SAID
RIVERSIDE PLACER;
THENCE N 89P53'46" E.149.71 FEET;
THENCE EAST 2.54 FEET TO A POINT ON THE SOUTHERLY
BANK OF TFill ROARING FORK RIVER;
THENCE N 15013'00" E 137.22 FEET;
THENCE N 28030'00" W 132.58 FEET;'
THENCE WEST 44.82 FEET;
,. THENCE N 25~45'OO" E 27.46 FEET;
THENCE 177; 04 FEET ALONG THE ARC OF A CURVE TO THE
RIGHT HAVING A.RADIUS OF 162.00 FEET;
THENCE 35.58 FEET ALONG TEE ARC OF ], REVERSE CURVE
TO THE LEFT HAVING A RADIUS OF' 88.00 FEET;
THENCE 191.08 FEET ALONG THE ARC OF A REVERSE CURVE
TO THE RIGHT HAVING A RADIUS OF 112.00 FEET;
"THENCE 47.19 FEET ALONG THE ARC OF A REVERSE CURVE
TO THE LEFT HAVING A RADIUS OF 63. 00 FEET;
THENCE 129.74 FEET ALONG THE ARC OF A CO~~OUND
CURVE TO THE LEFT HAVING A RADIUS OF 113.00 FEET
TIm CHORD OF HHICH BE1\RS S 77024'59" E127.75 FEET;
THENCE S 04052'00" E 200.00 FEET;
THENCE S 46000'00" W 185.52 FEET TO THE CENTERLINE'
OF THE ROARING F.ORK RIVER;
"TlIENC;E S 59012'00" E 104.03 FEET ALONG SAID CENTERLINE;
THENCE S 52005'29" E 183.36 FEET ALONG SAID CENTERLINE
TO THE INTERSECTION WITH LINE 9.-1 OF SAID RIVERSIDE
, . _ PLACER; ,
THENCE N 89008'24" W 692.87 FEET ALONG SAID LINE 9-1
TO THE POINT OF BEGINNING, CONTAINING 6.363 ACRES.
MORE OR LESS.
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Plans are on file for each request in the Office of the City/County
Planner and may be examined by any interested persons during no~mal
business hours which are 8:00 a.m. to 5:00 p.m. Monday thru Friday.
/s/ Kathryn S. Hauter
City Clerk
P4blished in the Aspen Times November 12, 1975.
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PROP05t:D ZONING CH.Al",J&E.5
1.' RR-
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:3 RR.
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'NOV. II; 1575
Exhibit G"E"
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DIRECTOR OF HOUSING . P. O. BOX 9098 . ASPEN, COLORADO 81611 . PHONE, (303) 925.6612
MEMO TO: CITY COUNCIL
FROM: BRIAN GOODHEIM-HOUSING
RE: CALLAHAN EMPLOYEE HOUSING RECOMMENDATION
-------~---------------------------------------------------------------
After reviewing the employee housing options available and proposed
by the developer, and after consultation with the planning department,
I would like to 'recommend that the developer-applicant be required to
construct employee housing on five acres which it controls at the end
of Ute avenue.
The total amount of housing buildable on this site is, of course,
constrained by its sensitive location on Ute Avenue, its elevation in
excess of 8050', and the large percentage of steep terrain on the site's
Southern side. I would defer a density determination to the planning
office's judgement because of these constraints. It is obvious that
the housing which this site can support will not even come close to
meeting even the direct housing impact of the proposed development, but
any housing is better than none at all.
Naturally, a method of restricting, the resale and insuring that the
premises will continue to be rented to bona fide employees at reason-
able rates must be devised.
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MEMO
TO: CITY COUNCIL ,~~
FROM: DAVE ELLIS, CITY ENGINEER.~
DATE: February 19,1976
RE: CALLAHAN SUBDIVISION - FINAL PLAT, AGREEMENT AND
SEWER EASEMENT
FINAL PLAT
At this time only two additional
must be added to the ~inal plat.
the fire marshall have agreed on
fire access lanes
The applicant and
this matter.
AGREEMENT
The agreement is satisfactory and complete except for
the dollar amount for the escrow. The applicant has
agreed to the items which will be included in the
escrow and his engineers are preparing an estimate.
The preliminary estimate was $193,000 and the engi-
neering department foresees no problem in agreeing
upon a final figure. The provision for extension of
the Nellie Bird ditch through Lots 15 & 16 to Ute Park
has.;beeIl',deleted because it was our opinion that the
ultimate costs could not be justified for the small
quantity of water. More satisfactory means of utilizing
the water are available.
SEWER EASEMENT
The alignment for the easement through Ute Park and
Ute Cemetery generally follows the route of the existing
bike path and is acceptable to the engineering department
as is the written agreement.
The engineering department recommends that council
authorize the mayor to execute the plat, agreement and
the sewer easement subject to the above comments.
cc: Sandy Stuller
Hal Clark
,....."
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HE~10RANDurr\
TO: Aspen City Council
FROM: Planning Staff (He)
RE; Callahan Subdivision - Final Subdivision Plat and F;nal
De'ielopmentPlan
DATE: February 19, 1976
This is a request for Final Subdivision Plat and Final Development Plan
approval of the Callahan SUbdivision which is continued from your
February 9. 1976 meeting. A site inspection has ,been set for 4:00 P.M.
Dave Ellis. Bill Kane and Hal Clark toured the site on February 18, 1976
together with Paul Kudic and Fritz Benedict for the purpose of examining
the physi ca 1 layout of the indoor tennis court facility.
The comments of the Planning Office are as follows:
1. Upon visual inspection of the site we feel that the
building has been well integrated with the natural
contours of the land which significantly conceals
the vast bulk of the structure. We are impressed with
careful siting effort. We do still feel that the
addition of the third indoor court further impacts
the winter use of the facility. , This is in addition
to the impacts previously considered by Council at
the conceptual and preliminary approval stages. ,
Possibly thirty (30) or forty (40) additional persons
accommodated per day by the facility. The aesthic
impact of the building structure has been mitigated to
a large extent by careful siting. Criticism of the
size of the structure on aesthic grounds is largely
a value judgement for individual council members.
2. At our request. Article 13,concerning transportation
assurances)has been added to the subdivision improvement
agreement. We recommend retaining sub-section 3 which
sets a five year 1 imit on these ser.vi ces. '
3. We have asked for additional landscaping details for
the area to the west of the indoor court which is in
, close proximity to Ute Avenue. These have not as yet
been provided.
4. The subdivision improv~mentperformance bond amount is
not yet included in the agreement. This is due to the
fact that the size,of the building is not resolved which
would affect certain fire access considerations. Also.
Council has not approved the alignment of the sewer
easement through Ute Park (which effects costs of
improvements).
5. Section 11 allows the developer to vary the vertical
envelopes of the buildings to accomodate possible on
site elevation variations. We have discussed this
with the project surveyor and agree with the difficulty
of actual contour measurementswhi ch necess Hates thi s
variation section.
The Planning Office recommends approval of the Callahan Final Subdivision
Plat and Final Development Plan as filed with the condition of two (2)
indoor courts in the recreation facility.
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ASPEN CLUB
BUILDING INVENTORY
PROPOSED
MECH.
39,499 S.F.
728 S.F.
39,499
-38,446
S.F. excluding 728 mechanical - Total Building
S.F. Total allowable
1,053
S.F. Given up from Proposed Club House Building
Submitted by:
APPROVED BY:
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Andrew V. Hecht for the applicant
!I!!!~fff/;7
Planning Director
City of Aspen
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GARFIELD & HECHT
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A'I"'1'OitN'EYS AT LAW
VICTORIAN SQUARE BUILDING
601 E. 'HYMAN STREET
ASPEN, COLORADO 81611
RONALD GARFIELD
ANDREW V. HECHT
BROOKE A. PETERSON
SUITIIl 201
TELEPHONE
(303) 9:tS-1938
April 13/ 1977
Mr. William Kane
Planning Director
130 South Galena Street
Aspen, Colorado 81611
Dear Bill:
This is an application for amendment to the final develop-
ment plan for the Callahan Subdivision. The amendment
involves a change only in the size of the recreation
building but concurrently reduces the size of the clubhouse
in an identical amount.
The total allowable square footage for the recreation
building in the first phase is 38,446 square feet. The
proposed recreation building under this amendment would be
39,499 square feet, excluding ,728 feet of space utilized for
mechanical equipment (1,053 additional square feet in the
recreation building - excluding mechanical). However, such
proposed expansion still lies within the building envelope
permitted for the recreation building. In order to avoid
increasing the commercial square footage, the applicant will
reduce the proposed clubhouse building (Benedict resident)
by the identical square footage by which the recreation
building is expanded. Thus, the net effect of this
amendment is simply to trade square footage and in no way
does it increase the aggregate commercial space permitted
under the final development plan for the Callahan Subdivision.
The applicant requests that you approve the above changes
without additional public hearing.
Respectfully submitted,
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Andrew V. Hecht for the
Applicant, Robert S. Goldsamt
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DELANEY & BALCOMB
ATTORNEYS AT LAW
DRAWER 790
GLENWOOD SPRINGS, COLORADO 81601
ROBERT DEI..ANEY
Ke::NNETH BALCOMB
....OHN A. THUI..SON
EDWARD MUI..HAl.l.,..lR.
ROBERT C. CUTTER
SCOTT M. BAI..COMB
BIB COLORADO AVENUE
TI::I-EPHONE 945.6$46
AREA CODE 303
May 13, 1976
Mr. Harold Clark, Jr.
Land Use Administrator
Aspen/Pitkin Planning Department
130 South Galena Street
Aspen, Colorado 81611
RE: Salvation Ditch/Riverside Ditch/Callahan Sub-
division
Dear Hal,'
I have received copies of the preliminary plat of the
Callahan Subdivision from Eldorado Engineering and have
noted thereon the location of the two ditch structures in
question. It appears that the preliminary plats do not
contain information (at least that I have been able to
find) as to the specific right of way width for both ditches.
I thought this was a possible source of future conflict
that might well be avoided by timely objection at the present
time. I really don't think the ditch company's rights will
be jeopardized in any respect, however it would be a shame
if they had to bear future expenses of litigation in order
to establish the actual width of the right of way when it
could be done without litigation at this point.
Please give me your comments and thoughts in this
regard and if you can, fill me in on the status of the
Callahan Subdivision at the present time.
Very truly yours,
DELANEY AND~ALCOMB
dziV!
By
Scott Balcomb
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cc: Jim Snyder
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May 19, 1976
Scott Balcomb
Delaney & Balcomb
818 Colorado Ave.
Glenwood Springs, Colo. 816011
Dear Scott:
Pursuant to your letter of May 13, 1976, I have checked the Final
Plat of Callahan Subdivision and find the following:
1. Both Salvation and Riverside Ditches are located on
the plat with legal descriptions of each also de-
tailed on the plat.
2. A buIlding setback of ten feet from centerline is shown
for Riverside Ditch.
3. A twenty foot easement is shown for the Salvation Ditch.
4. The City Engineer bas advised that a condition allowing
mechanized vehicles on the easement was not provided
on the plat as 'he felt the easement width allowed such
access.
The Final Plat has been approved by the City Council, but not
recorded as yet by the developers. The City Zoning Code requires
final plats to be recorded within 90 days of Countil approval. I
understand th~y have only. . five (5) days from today to record the
final plat. -t<~eR&&. flftl-.,i: ~--I'i ~7", ! JK.,
I hope this information answers your questions.
Very truly yours,
)/daJ-
Harold Clark, Jr.
Land Use Administrator
HC/bl.<
P.S. Rubey Estates is proceeding with the County at Detailed Sub-
division Stage. We have referred a copy of this to you for corrment.
We are already aware that no easement is shown nor building setback.
This is a Planned Unit Development and building sites will be located
on the plat.
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Grand Junction, Colorado
March 22, 1976
Tri-Co Management
P.O. Box 1730
Aspen, Colorado 81611
Re: Callahan Subdivision.
Dear Sirs:
We have reviewed the preliminary plat of "Callahan Subdivision"
for the adequacy of utility easements and dedication of the ,
same. In paragraphs 4 and 5 in the dedication, please eliminate
restriction of easement granted to The City of Aspen only for
public utility purposes. Easements must be dedicated to the,
public utilities and not to the City of Aspen. We would appreciate
the additions be reflected on the final plat as we cannot accept
the dedication as shown.
May we suggest the following phraseology be used for the
dedication use of easements within said subdivision.
"A perpetual easement for the installation and maintenance
of utilities and drainage facilities, including, but not
limited to, electric lines, gas lines, telephone lines,
is reserved and dedicated over and through the PRIVATE ,
ROADS ~T[) STREETS WITHIN THIS SUBDIVISION; together with
an UTILITY EASEMENT being Ten (10) feet in width along side
and rear lot lines as shown on plat, and Twenty (20) feet in
width along the exterior boundary line, together with the right
to trim interfering trees and brush. Together with the perpetual
'right of ingress and egress for installation, maintenance
and replacement of such lines. Said easements and rights
shall be utilized in a reasonable and prudent manner."
We believe all preliminary"as well as final plats should
show the dedication, or reference to the particular
"Protective Covenants" which will run with the property.
Also, all "private roads" should be dedicated to the
utilities for the installation, operation and maintenance
of gas, lights, power and telephone lines. No easements
should be reserved to the property owners, cities or
counties exclusively.
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March 22, 1976
Page 2
The above request is in accordance withC. R. S. 106-2-34
(3) (d) (viii) and the Colorado Land Use Commission's .
Model ~ubdivision Regulations dated December, 1971,
Paragraph 5-2, Item 1ftG-7.
Thank you for your cooperation on this plat.
Very truly yours,
1(#rc{/ ~d
J. C. Kilmer SR/WA
Right-of-Way Agent
P.O. Box 2688
Grand Junction, Colorado
81501
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cc:
Fabienne and Fredric Benedict-Owner
Paul Kutik and Robert Goldsamt-Subdividers
Pitkin County Commissioners
Planning Commission
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HEr10RANDUM
TO:
CITY COUNCIL
FROM:
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HICK MAHONEY
DATE:
FEBRUARY 23, 1976
RE:
FmHA LOAN APPLICATION ASPEN CLUB (CALLAHAN SUBDIVISION)
I have a trained sense as to the financing that the Callahan
Subdivision group is attempting. Historically the second home
market has been impacted by fuel shortages, economic downturns,
or other shocks such as a periodic money crunch. As a result,
the second home market is a very risky venture. The Callahan
Subdivision can be categorized as both primary residents and
second home residents. It is my opinion, however, that the re-
gional financing agencies have genera,lly treated Aspen as a
resort community, and most building funds, therefore, are treated
as somewhat riSky. Even though Aspen has been immune in the past
from fuel shortages and economic downturns, resort communities are
treated as a group when any large financial institution reviews
a loan application.
I think, therefore, that the Callahan group is looking to the
Federal Government to reduce the riSk inherent in resort
communities through this FmHA loan. To those that are concerned
about using public funds in the private sector, I believe there
is a minimum of this as the loan guarantee does not require
public funding -- tax support. It has, however, an interesting
ramification whereby the loaning agency's portfOlio liquidity
is increased by the guarantee. Thus, this should increase the
total supply of money given any Federal Reserve base. III times
of unemployment, this would have a social benefit as it would
increase total economic activity.
The question still reduces to the impact that the subdivision
will have on t.hecommunity. However, I would say that this
particular method of financing should not be a relevant issue
for Council. If the Council decides positively for the Callahan
in terms of subdivision, it would appear to me incongruent not
to at least take a neutral position on their financing request.
PSM/pm
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THE ASP E N C L U B
D 0 W N TOW N BUS S RUT T L E
Scheduled to commence mid-February with the opening of
the food and bar facility, The following schedule will
be adhered to seven days a week:
Pick-Up Pick-Up Pick-Up Drop Off Pick-Up
Public Parking Mall/Ryman Little Nell Aspen Club Aspen Club
Lot &; Galena
11: 30 a,m, 11: 35 a.m. 11 :40 a.m. 11 :50 a,m. 12:20 p,m.
12:30 p.rn, 12:35 p,m. 12:40 p,m, 12:50 p.m. 1:20 p.m.
1:30 p.m, 1:35 p.m, 1 :40 p,m. 1:50 p.m, 4:20 p,m.
4:30 p.m, 4:35 p,m, 4:40 p.m. 4:50 p.m. 5:20 p.m.
5:30 p,m. 5:35 p.m. 5:40 p.m, 5:50 p,m. 6:20 p,rn,
6:30 p.m. 6:35 p.m, 6:40 p,m. 6:50 p.m, 7:20 p.m.
7:30 p.m, 7:35 p,m. 7:40 p.m, 7:50 p,m, 8:20 P.lli.
8:30 p,m. 8:35 p,m. 8:40 p.m, 8:50 p.m, 9:30 p,m,
9:30 p,m. 9:35 p.rn, 9:40 p.m, 9:50 p,m,
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MEMORANDUM
TO: Aspen City Council
FROM: Planning Staff (HC)
RE: Callahan Subdivision - Final Subdivision Plat and Final
Development Plan
DATE: February 19, 1976
This is a request for Final Subdivision Plat and Final Development Plan
approval of the Callahan Subdivision which is continued from your
February 9, 1976 meeting. A site inspection has been set for 4:00 P.M.
Dave Ellis, Bill Kane and Hal Clark toured the site on February 18, 1976
together with Paul Kudic and Fritz Benedict for the purpose of examining
the physical layout of the indoor tennis court facility.
The comments of the Planning Office are as follows:
1.
Upon visual inspection of the site we feel that the
building has been well integrated with the natural
contours of the land which significantly conceals
the vast bulk of the structure. We are impressed with
careful siting effort. We do still feel that the
addition of the third indoor court further impacts
the winter use of the facility. This is in addition
to the impacts previously considered by Council at
the conceptual and preliminary approval stages.
Possibly thirty (30) or forty '(40) additional persons
accommodated per day by the facility. The aesthic
impact of the building structure has been mitigated to
a large extent by careful siting. Criticism of the
size of the structure on aesthicgrounds is largely
a value judgement for individual council members.
At our request, Article 13 concerning transportation
assurances)has been added to the subdivision improvement
agreement. We recommend retaining sub-section 3 which
sets a five year limit on these services,
2.
We have asked for additional landscaping details for
the area to the west of the indoor court which is in
close proximity to Ute Avenue, These have not as yet
been provided.
The subdivision improvement performance bond amount is
not yet included in the agreement. This is due to the
fact that the size of the building is not resolved which
would affect certain fire access considerations. Also,
Council has not approved the alignment of the sewer
easement through Ute Park (which effects costs of
improvements) .
5. Section 11 allows the developer to vary the vertical
envelopes of the buildings to accomodate possible on
site elevation variations. We have discussed this
with the project surveyor and agree with the difficulty
of actual contour measurements which necessitates this
variation section.
3.
4.
The Planning Office recommends approval of the Callahan Final Subdivision
Plat and Final Development Plan as filed with the condition of two (2)
indoor courts in the recreation facility.
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MEMORANDUM
DATE: February 13, 1976
TO: Members of City Council
FRo~ndra M. Stuller
RE: FmHA Loan Application
Aspen Club (Callahan Subdivision)
At the last meeting you requested a summary of the
1980 Regulations handed out as a supplement to the Aspen
Club FmHA application, which had been circulated to you
as part of a NWCCOG A-95 review.
Section 1980 is a guaranteed loan program, and
the B & I program (Business and Industry) has as its
stated purpose:
...to improve, develop or finance business,
industry, and employment and improve the
economic and environmental climate in rural
communities including pollution abatement
and control...It is not intended that the
guaranty authority be used for marginal or
substandard loans or to "bailout" lenders
having such loans.
For purposes of the act, "rural areas" are those areas in the
vicinity of a city with a population of 50,000 or less. The loan
guaranty is an obligation supported by the full faith and credit
of the U.S. The program uSeS local lenders to be responsible
for the servicing and (if necessary) the liquidation of the
loan. The loan guaranty may not exceed 90% of the principal
and accrued interest on the indebtedness. Inability to obtain
credit elsewhere is not a prerequisite for a guaranteed loan
under this program. The barroweris required to pay a non-
refundable fee equal to 1% of. the principal loan amount, and the
interest rate is subject to negot.iationbetweenthe borrower
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Members of City council
February 13, 1976
-Page 2-
and lender (but must be a legal interest rate). The first
payment may be postroned until after the project is complet-
ed (up to three years after the loan is made) and the pay-
out period cannot exceed 30 years.
Any application may trigger the need to file an EIS,
and the need for the EIS is determined by the PmHA state
director (he will take into consideration A-95 comments in
making this determination). The regulati.ons require that a
minimum of 10% equity will be required on the applicant's
balance sheet at the time of loan closing. FmHA may require
an applicant to supply the agency with a feasibility report
(and are ordinarily required for projects valued at over
$1,000,000). '
The regulations provide tl1at in assigning priorities
to applications made for guaranteed loans, FmHA shall consider
state development strategies and A-95 comments and recommenda-
tions. In addition, the state director must assign priorities
in accordance with the following:
1. Those projects which will save existing jobs;
2. Those projects which will enlarge, extend,
or otherwise improve existing business and industries;
3. Those projects which will create the high-
est number of permanent employment opportunities; and
4. Those projects which will contribute to the
overall economic stability of the rural areas but
generate little or no permanent employment opportuni-
ties beyond the entrepreneur himself.
A.pparently A-95 review is not required for loans for
smaller or local enterprises with no significant economic or
environomental impact; the ambiguity in these criteria is,
apparently, what has. led to the difference in opinion as to
whether this particular project should have been submitted to
the COG clearinghouse. However, the County Supervisor and
District Director must analyze (I) community attitude toward
the project, (2) whether the project is likely to result in the
need for additional community facilities (schools, water, sewer,
health care services) and, if so, the community's plan for provid-
ing them, (3) the availability of any required additional labor
force and training plans for such force, and (4) an economic
forecast of the effect on the community if the project should
fail; all of which information could probably be accumulated
only by an A-95 review process.
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Members of City Council
February 13, 1976
-Page 3-
The regulations provide various remedies in the
event of default including liquidation, protective advances,
granting of additional loans, transfer and assumption of the
debt.
Apparently, the effects of the proposal on the local
job market, and land uSe and facilities impacts is the type
of information solicited by reason of this A-95 review
and the type of comment FmHA hopes to garner by this pro-
cedure.
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GARFIELD & HECHT
ATTOJU~:B'J'. AT LA.W
POST OFFICE BOX 828'7
ASPEN, COLORADO 81611
RONALD GARFIELD
ANDREW V. HECHT
TELEPBONlf
(30S) 92:5.1936
February 9, 1976
Sandra Stuller, Esq.
City Attorney
130 South Galena Street
Aspen, Colorado 81611
Dear Sandy:
If we are fortunate enough to receive approval
from the Council tonight, could language similar to this
be included in the approval to allow for the variations
that may be caused by the inability now to know what the
best relationship of the buildings to the terrain would be.
Very truly yours,
Andrew V. Hecht
AVH:lh
Encl.
cc:
Dave Ellis /'
Hal Clark/'
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. BENEDICT ASSOCIATE~CORPORATED
r-\ruary 3'- 1976
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CALLAHAi'l - TOWNHOUSES
PROJECT NO. 75-21
BUILDING ENVELOPE DESCRIPTION
The Entry Level floor elevations and Top of Joist elevations shown
on Sheet No, 1 of 6 "Roof Height Plan", revised date 2/3/76, were
determined by the topographic map prepared by aerial photography by
Merrick and Company. As shown, all buildings are well under the City
Height Requirement; however, the ground survey for the road through
the Townhouse Site has determined that there may be an error of plus
or minus, five feet, in the contours shown on the aerial topo.
The City Engineer and City Land Use Administrator have agreed that
since the buildings as designed do not exceed two and one-half stories
in height, and the total height of each unit is constant, that a
vertical envelope be created around each unit module allowing a maximum
of five feet variation in height, to accommodate possible grade elevation
variations, TIle intent of this agreement is to provide the best
possible relationship bet\;een buildings, bet\;een buildings and tops of
carports, as well as the best utilization of existing terrain within
the development zone.
Prior to application for the building permit, the Owners will submit
a ground survey, showing final building layout and floor elevations,
noting any variations in the contour.
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IIOLLAND & HAHT
ATTO'RNEVS AT LAW
TELEPHONE 292-9200
AREA COOE303
500 E:OU1TABLE: BUILDING
730 SEVENTEENTH STREE'
OENVER,COLORADO 80202
CABr..,E ADORESS
HOLHART, DENVER
PLEASE ,REPLY TO:
MOUNTAIN PLAZA.eUILDING
P. O. eOXl126, ASPEN,COLORADO 81611
TELEPHONE 925-3476 AREA COOE 303
February 9, 1976
SandraM. Stuller, Esq.
City Attorney
City of Aspen
P.O. Box V
Aspen, Colorado 81611
Re: Callahan Subdivision
Dear Sandy:
Enclosed is a copy of the proposed Subdivision
and Planned Unit Development Agreement which I received
with my copy of Andy Hecht's February 3 letter addressed
to you.
Interlined on this draft are the modifications
requested. by the Benedicts. These have been reviewed
with Mr. Hecht and are acceptable to him. I would
like to have these requests submitted .to City Council
at the same time Dave Ellis' conditions are presented.
I hope that this rather informal method of indicating
our revision requests does not offend anyone; it does
make the changes pretty easy to follow.
Yours very
JTM;mm
Encls.
cc: Andrew V. Hecht, Esq.
Mrs. Pat Maddalone
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MENO
TO: CITY COUNCIL
FRON: DAVE ELLIS C\V'"
CITY ENGINEER~
DATE: February 5, 1976
RE: CALLAHAN SUBDIVISION - Final Plat. and Agreement
Subdivision Agreement
The engineering department has t.he fOllowing comments
regarding the Subdivision Agreement:
1) Paragraph la and Ib must be rewritten to distin-
quish between Lots 13, l3A and the common open space.
2) Paragraph Ig should clarify that Lot 12 is a single
family lot and Lot 12A is a guest house for Lot 12.
3) In paragraph Ii there should not be any overlap
between private road right-of-way and platted lots.
4) In paragraph Ij the easements should beta the public
and not reserved to the holding corporation.
5) Paragraph lL the maximum amount of waterpro~ided
shall be 0.65cfs.
"'.
6) Items included in the escrow estimate for improvernents
shall include in addition to roads & utilities,
drainage improvements, landscaping, bike paths and
irrigation di,tch crossings, as shown on the plat and
engineering plans as well as necessary street and
traffic signs. Engineering apd inspection will also
be included.
7) The subdivider's estimate of $193,000. for improvements
has not been verified at this point and is subject
to change.
8) The reference to the County trail agreement should be
omi tted in paragraph 6. 'rhe city will accept the
trail on its usual conditions and any enforcement
of the county agreement will be responsibility of
the subdivider.
9) The subdivider shall line the Riverside Ditch for its
full length across Lots 8 and 9.
10) Paragraph 5 should except the existing parking spaces
on Lot 16.
11) The qualification for the ditch easement in paragraph
7 should be "before the paving of the outdoor tennis
courts begins".
12) Exhibit A should read 19 parcels instead of 16 and
there is an error in the acreage of .002 acres.
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Page 2 CALLAHAN SUBDIVISION
Final Plat & Agreement
Memo to City Council 2/5/76
Other conditions which need to be added to the agreement
are 1) furnishing of as built survey descriptions for
sewer, water, and trail easements; 2) a provision for
the city to oversize the water line in Ute Ave. by
paying for the extra cost beyond an 8"line; 3) a more
specific schedule for completion of subdivision improve-
ments; and 4) provision for the subdivider to provide
engineering inspection and certification of the
improvem(~nts .
FINAL PLAT
The statement of subdivision and dedication has been
omitted from the plat and submitted separately; the lan-
guage needs revision but the general conditions have all
been agreed to by the subdivider previously. The plat
itself is in good condition and we have only a few com-
ments pertaining to it. 1) On Sheet 1 the Riverside Ditch
Easement should be 15 feet in width rather than 12 feet;
2) utility easements for existing water lines should be
20 feet rather than 10 feet; 3) The sewer easement through
Ute Park and Ute Cemetery will be shown on Sheet 2 pending
approval by the oity; 3) Drainage improvements and ditch
crossings should be shown on Sheet 3. ~t this time the
Fire Marshal is out of town and has not had a chance to
comnlent on compliance with his recommendations for fire
protection and emergency acc~ss.
The engineering departmen't would recommend approval of
the final plat and subdivision/PUD agreement subject to
all the above conditions. In addition to the above the
approval should be subject to the developers Obtaining
the fOllowing easements outside the platted subdivision:
1) The 24' utility, emergency access, and service
easement on the south side of the subdivision.
2) The sewer easements through Ute Cemetery and Ute Park.
3) The 20' sewer easement through the Van Horn Property
to the north, of the subdivision.
4) The 20' utility easement through Lot 21 of Riverside
Subdivision, and
5) Satisfactory solution to the isolated parcel of land
between Callahan and Riverside Subdivisions.
cc: Sandy Stuller
Andy Hecht
Hal Clark
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GARFIELD & HECHT
ATrORJe'SY. AT L.A.,..
POST OFFICE BOX 8237
ASPEN, COLORADO 81811
RONALD GARFIELD
ANDREW V. HECHT
February 3, 1976
Tzx.EPJlONB
(808) 923.1936
Ms. Sandra Stuller
City Attorney
130 S. Galena
Aspen, Colorado 81611
Re: Callahan Subdivision
Dear Sandy:
Enclosed is a copy of the Subdivision and Planned Unit
Development Agreement for the Callahan Subdivision which we
are submitting subject to your approval for the council
meeting on February 9th.
Sincerely,
Andrew V. Hecht
AVH/nwt
Enclosure
cc:
Hal Clark
Dave Ellis
Jim Moran
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G;\RFIELD & HECHT
A'n'OJmsy.i.T L4w
POST OFFICE ,BOX 828'7
'ASP_EN, COLORADO 81611
RONALD GARFIELD
.ANDREW V. HECIlT
January 28, ~976
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HAND DELIVERED
Ms. Sandra Stuller
City Attorney
130 S. Galena
Aspen, Colorado 81611
'Dear Sandy:
I am e~closing with this letter a proposed subdivision
and planned unit development agreement for the Callahan Sub-
division. You will notice that no paragraph is included about
the water in Hunter Creek and Nellie Bird. On this, I am
waiting for Jim Moran to submit what the City and he agree
upon as a resolution of that issue.
Naturally, if you have any changes or additions, feel
free to have at it.
Sincere~y,
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Andrew V. Hecht
AVH/nwt
Enclosure
cc: Jim Moran, Esq.
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SUBDIVISION AND PLANNED UNIT
DEVELOPMENT AGREEMENT
CALLAHAN SUBDIVISION
THIS AG~EMENT, made this
day of
, 1976,
by and between THE CITY OF ~SPEN, COLORADO (hereinafter some-
times called "City"), and .BENEDICT LAND & CATTLE COMPANY,
FREDRIC BENEDICT, FABIENNE BENEDICT, PAUL KUTIK and ROBERT
.'
GOLDSAMT (hereinafter sometimes collectively called "the
subdivider").
WI T N E SSE TH :
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WHEREAS, the subdivider has submitted to the City for
approval, execution, and recordation, the final plat and develop-
ment plan of a tract of land situated in the East one-half of
Section 18, T.IOS, Range 84 West of the Sixth Principal Meridian,
Aspen, Colorado, designated as Callahan SUbdivision; and
WHEREAS, said Plat encompasses land located within an area
in the City zoned RR and 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 improv~ment of land in-
cluded 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 re-
quirements, terms, and conditions of the City of Aspen Subdivision
RegUlations now in effect and other laws, rules and regulations;
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 20-9 of the
Municipal Code of the City, the City is entitled to assurance
."....."
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that the matters hereinafter agreed to will be faithfully
performed by the subdivider.
NOW, THEREfORE, in consideration of the premises, the
mutual covenant~ herein contained, and the approval, execution
and acceptance of the Plat for recordation by the City.. it is
agreed as follows:
1. All references to lot numbers hereinafter set forth
are as described on Sheet No. 1 of the final Plat and Develop-
ment Plan of the Callahan Subdivision ("Plat").
a. fee simple title to Lot No. 13 will be con-
.
veyed in undivided interests to the condominium owners,
together with that portion of Lot l3-A which is bounded
on the South by Crystal Lake Road and on the North by a
line running ten feet north of the Northerly building
line of Condominium Buildings A and B, subject to
existing easements and road and utility easements
contemplated by the Plat, all as more fully to be
defined by a metes and bounds description which des-
cription shall govern in the event of any discrepancy
between such description and this provision. Lot No.
l3will be used for condominium units as will the
portion of Lot No. l3-A described herein.
b. The remainder of Lot No. 13-A shall be con-
veyed in fee simple to a corporation to be organized by
the purchaser of such property from its existing owner.
Such corporation is hereinafter referred to as "Holding
Corporation". The Holding Corporation shall grant to
all condominium and homesite owners a non-exclusive
irrevocable license for the recreational use of Crystal
Lake situated on Lot No. 13-A and shall grant such
easements as are necessary for the roads and utilities
reflected on the Plat. The remainder of Lot No. 13-A
referred to in this paragraph shall be used for re-
creational purposes.
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c. ~ot No. 14 will be owned in fee simple title by
the Holding Corporation or another corporation controlled
by or under common control with the Holding.Corporation
or its or their assignees. The Benedict residence
situated on this Lot will be converted to a clubhouse.
The owners of condominium and home sites ,will be granted
an irrevocable non-exclusive license for passage by
foot only throughout those portions of Lot 14 on which
there are no improvements currently or hereafter existing.
d. Lots No. 14-A and 15 will be conveyed in fee
simple title to the Holding Corporation or a corporation
contrplled by or under common control with the Holding
Corporation or its or their assignees. Lot 14-A will
contain.parking facilities for use or the clubhouse and
recreational facilities contained in the Plat, and Lot
15 will contain recreational facilities.
e. Lots No. 1 through 10 shall be conveyed in fee
simple title to the purchasers of these ten homesites,
each of which is contiguous with the boundaries. of
such lots. Lot No~ 10 is designated as a duplex for
occupancy by two families, the other lots are for single
family homes.
f. Lot No. 11 is designated as a single-family lot.
g. Lots 12 and 12-A are designated as single-family
lots with a guesthouse.
h. Lot No. 16 is designated a.san existing office
building for such uses as have heretofore been approved
by the City of' Aspen.
i. All roads as reflected on the Plat and the
rights .of way on which such roads are to be constructed
shall be owned by the Holding Corporation ora corporation
controlled by or under common control with the Holaing
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Corporation Or it.s or their assignees, and such corpor-
ation shall grant an irrevocable non-exclusive license
to the owners of the condominiums and homesites for
their use. To the extent such road rights of way lie
within any of the Lots heretofore described, the pro.
visions of this paragraph shall govern the ownership
of the fee simple title to the road rights of way.
,"
j. Easements for utility improvements and rights
of way on which they are to be constructed, as re-
flected on the Plat, shall be reserved by the Holding
Corporation or a corporation controlled,by or under
common control with the Holding Corporation or its or
their assignees.
k. Maintenance of the property and structures in-
cluded within the Plat shall be the responsibility of
the owners of the fee simple title to such property
and improvements; provided, however"when hereunder
any license is granted with respect to any such Land
or improvement, the cost of maintenance shall be borne
"
by all licensees.
1. To the extent adequate water is provided by
~ ...,
the City of Aspe~ through the Nellie Bird Ditch, for
the maintenance of a water level not lower than the
lowest water level as shown on Page 3 of the Plat, the
Holding Corporation or a corporation controlled by or
under common control with the Holding corporation or
its or their assignees, shall make provision for sup-
plying such water to Crystal.Lake in order to insure
its use for recreational activity.
2. Subject to the conditions contained in this paragraph,
the subdivider shall provide for the estimated costs for construction
of all common improvements which include construction of roads,
utilities through the subdivision as shown on the Plat, of
street lighting sufficient to illuminate subdivision roads.
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In order to secure the performance of the construction and in-
stallation of the improvements herein agreed to by the sub-
divider and the City, the subdivider shall guarantee through
a conventional lender, or by cash held in escrow by the City,
that funds in the amount of the estimated costs of construction
agreed to be $193,000, are held by it for the account of the
subdivider for the construction and installation of improvements
.'
herein described. In the event, however, that any portion of
the improvements have not been installed according to the con-
ditions contained herein, then, and in that event, the City may
have such remaining work and improvements completed in such means
and in such manner, by contract with or without 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 subdiv~der 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 previo~sly
paid and approved by the City by reason of default of the sub-
divider in the performance of the terms, conditions, and covenants
herein contained. From time to time as work to be performed and
improvements to be constructed herein progress, the subdivider
may request that the City inspect such work and improvements as
are completed and may submit to City the costs of such completed
work and improvements. .when the City 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 will submit to the lender its. statement that it has no
objection to the release by the Guarantor of so much of the above
specified funds as is necessary to pay the costs of work per-
formed and :improvements installed pursu.ant, to the terms of this
Agreement.
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3. Site Data Tabulation (see Exhibit A attached hereto
and incorporated herein by this reference).
4. 'l'he subdivider agrees to line Riverside Ditch at the
point at which it seeps on to Lot #9 with a rubberized material
0.f f~asibl~ The subdivider shall use best efforts to find an
alternative to concrete lining.
'I
5. The subdivider agrees, for himself and his successors
and assigns, that he will not authorize any vehicular traffic to
enter the area of the condominium units or recreational facilities
of the Callahan Subdivision from Ute Avenue unless such vehicles
are for the purpose of construction, providing services to or
dealing with emergencies of the Callahan Subdivision. Furthermore,
neither the subdivider nor his successors or assigns shall provide
for any parkin~ spaces along the border of Ute Avenue within any
portion of the Callahan Subdivision.
6. The subdivider agrees to relocate and the City agrees to
~ave at subdivider's expense a portion of the multi-purposerec-
reational trail which will be moved to a location approximately
as shown on the Plat for the construction of the condominium
townhouses of the Callahan Subdivision. Such relocation shall
be done in two stages: By June 15, 1976, subdivider shall cause
at its expense such trail to be roughed in place at the time the
remainder of the trail dedicated by the subdivider hereunder is
paved the City shall pave the relocated portion thereof at
subdivider's expense. That trail shall be dedicated to the City
and shall ,be used in accordance with a certain agreement between
the County and Benedict Land & Cattle Company, Fredric Benedict,
and Fabienne Benedict dated September 23, 1975, and recorded in
Book 303, Page 452, the records. of the Clerk and Recorder of
Pitkin County.
7. The subdivider agrees to grant a l5-foot ditch easement
on the south side of the Roaring Fork River running from. the
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easterly boundary of the, subdivision to its westerly boundary, ,
provided, however,. that the easement shall be placed so as not
to interfere with any of the improvements of the Callahan Sub-
t"
division, including but not limited to outdoor tennis courts,
and that if the City decides to place underground culverts to
carry water from the Nellie Bird Ditch, such construction shall
be completed before the tennis courts are installed and before
construction of the recreation building begins or so as not to
interfere with such construction. Finally, before carrying
water through the Nellie Bird Ditch, the City agrees to take
all necessary precautions as suggested by a certified ~ ~
to avoid seepage of the water into the residence and barn of
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William Stevenson and Eleanor Stevenson adjacent to the Callahn
~~ Sbudivision. The City will maintain such improvements as a
condition to receiving grant of water rights to Nellie Bird
Ditch.. The subdivider agrees not to pave any of the roads in
the's~ision until at least six months after all utilities
are in place.
8. Notwithstanding anything contained herein or referred
to the contrary, the subdivider, in developing the property con-
tained within the Plat and the improvements as herein described
shall fully comply with the applicable rules, regulations, stan-
dards and laws of the City and other governmental agencies and
bodies having jurisdiction.
9. Upon execution of this agreement by the parties hereto
and provided all other conditions as herein contained have been
met by the subdivider, the City agrees to execute the Plat of
the Callahan Subdivision and accept the same for recordation in
the Recording Office of Pitkin County, Colorado, upon payment of,
the recordation fees and costs to the City by Subdivider.
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ing Department
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81611
MEMORANDUM
TO: Aspen Planning & Zoning Commission
FROM: Planning Staff (HC)
RE: Callahan Subdivision - Final P.U.D. Plan; Conditional Use
of a Recreational Facility in the Rural Residential (RR)
Zone; and Stream Margin review
DATE: January 15, 1976
This is a public hearing to consider the above listed items regarding
the Callahan Subdivision. Due to a meeting with the applicant resched~
uled after the agenda packet deadline, the comments of the City
Engineer will be presented at your meeting. The annexation of the
property has been completed.
The comments of the Planning Office are as follows:
1. Stream Margin Review - the buildings are located above the
100 year designated floodplain, and as such do not materially
affect the Roaring Fork River. As such, we recommend stream
margin review approval.
2. Conditional Use - As previously agreed upon, we recommend
conditional use approval of the recreational facilities in
the RR zone, conditioned upon a specific listing of such uses
to be a part of this approval.
3. Final Development Plan - We are in the process as of this
writing, of meeting with the applicant to resolve certain
of the below-listed concerns:
a. Comments of the City Engineer
b. The clubhouse has been expanded. We wish to know what
additional uses this will accomodate.
c. The lake is a recreational amenity for the Planned Unit
Development. The subdivider shall provide guarantees
that an adequate water supply exists to provide for the
lake (currently fed by seepage from the Salvation Ditch).
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Memo to Planning and Zoning Commission
January 15, 1976
Page 2
d. Parking for the townhouse units shall be limited to 44
spaces. The eight spaces to the north of the townhouses
should be removed due to significant cut and fill neces-
sitated by the steep slopes.
e. The irrigation ditch above Lot 9 should be lined by the
subdivider in order to reduce seepage to the building site.
f. The uses for the indoor tennis facility should be defined
g. Side views and elevation of footings, should be shown to
better evaluate the visual impacts of the structures.
h. The service road to the indoor tennis facility should be
restricted for use of maintenance vehicles only, to prevent
future use as general access to Ute Avenue.
i. Lot 12 should be designated for two dwelling structures
only.
j. We agree with the 32 parking spaces shown for the clubhouse.
k. We need to analyze the "footprint"of buildings shown on the
preliminary subdivision and final plan, to assure no change
in density.
1. Phasing of construction of the project is not addressed.
m. Kentucky Bluegrass is shown as landscaping. We feel this
is inappropriate and that a more indigenous landscaping
design is desirous.
n. The public trail is proposed to be relocated. This should
be a responsibility of the subdivider.
o. The open space dedication requirements need to be researched.
p. We understand there may be a discrepancy in the exterior
boundary survey which needs to be resolved.
q. The road alignment through the townhouse area has been
revised and we agree with the new location and design.
Many of ,these items will most likely be resolved in our meetings later
this week, but we did wish to bring these concerns to the attention of
the Planning and Zoning Commission.
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LSGAL NOTICS
PUblic Notice is hereby,. given t.t>at a ,Public Hearing will be
held on January 20, 1976, at 5:01J p,m..,in the City Council
Chambers, city Hall, Aspen Colorado before the Aspen Planning
"'''F''and Zoning COIl)lllission to consider the final planned unit
,development plat ,for the Callahan Subdivisi'on; and a Conditional
Use for a Clubhouse and Recreational facilities to be located
in the Rural Residential Zone (RR). The property involved is
described as follows:
.. A parcel ,ofI.and situatcdin the cast 1/2 of
5ecti.on 18, TOI<nship 10 south,. Rango84west I
of,the, 6th principal' meridian,' Pitkin CountYJ
Colorado. 5aid parcel boingmore fully described, : ...
as follows:
.,.
Beginning at corner 9 of the River.side Placer
MS 3905 AM,;
Thence north 242.86 feet along line 8-9 of said
Riverside Placer:
Thence N 89053'46" E 149.71 feet;
Thence east 2.54 feet;
Thence II 15013'00" E 137.22 feet.;
Thence N 28030'00" W 132.58 feet:
Thence west 125,00 feet to a point on line 8-9
, of said Riverside Plaeer:
Thence north .225.77 feet along line 8-9 of said
Riverside Placer to the 51~ corner of the Rive:rside'
Addition;, a ,
ThenceN 89059'14" E 531.61 feet along the
Southerly boundary line of,saidRiverside Addition:
Thence south 35.06 feet along said south line;
Thence N 89051' 10" E 86.86 feet along said
,'Southerly line;;
Thence north 35,04 feet along said southerly line;'
ThenceN 89052'14" E 86.35 feet along said
Southerly line;
Thence N 51032'57" E 96.40 feet along said southerly
line;
Thence N 00055'49" W 29.93 feet along said southerly
'line;
, Thence N 51056'00" E 162.30 feet along said ,
Southerly line to a point on the westerly right-of-way
line of Highway No. 82:
Thence 5 21030' 00'.' E '69.69 feet along said right-of-
, )Way,; Thence 5.25023'00" E 79.84 feet :lOng said right-of-
'Way;
Thence 5 40050'00" E 69..21 feet along said right-of-
,"""ay;
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/ Thence S 89059'24" E 8.00 along s/lid right-of-
Way;
Thence along said right-of-way 107.95 feet along
the arc of a curve to the left having a. radius. of
"5770.00 feotithe chord of which bea:rs.5 28007'51" E
107.95 feet:
Thence 5 35006'54" E 96.08 feet along said right-
of-way:
, Thence 5 29037'00" E 67.88 feet along said right,
of-way;
" Thence along said right-of.way 319.97' feet along
:ihe . arc of a curve to the left having a radius of 603. pO
feet: '
Thence 559027'00" E 104.10 feet along the southwesterly
'edge of said right-of-way;
Thence N 89046'.00" I~ 256.03
Thence 5 00014' 00" W 231. 75
Thence 567031'04" E 237.70
Thence 5 00014'00" W 140.00
Thence N 89046'00" W 270.00
Thence N 00014'00" E230.00
Riverside Placer;
Thellce N 89008'7.4" W 615.43 feet along line 9-1 of said
Rivcrshlc Placer;
Thence 5 09029'21" \~ 417.22 feet;
TIlenco N 8,1000'00" W 200,00 feet;
Thence N MOOO'OO!' \~ 350.00 feet;
Thencc N (,8000'011" Ii 1.00.00 f"ct;
Thence N'3So11"2S" 1:158.05' feet to 'the Point. of BegiHning,
cOlitain.in~ 2S.00 h~rcSm{)rc orlc.'s:..
.
feet;
fect;
feet;
fect;
feet;
feet to corner No.
.
1 of snid
'-
A copy of the FinalPlanaedUnit Developm"nt
the Offi~eof the City/County Planner dur~ng
;s/ Kathryn s.lIauter
published in.theAspenTimes January 1,1976
maybe examined in
nor~mal working hours a
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MEMORANDUM
TO: Nick McGrath
FROM: Planning Staff (HC)
RE: Callahan Subdivision
DATE: Januaryl3, 1976
Dave Ellis, the City of Aspen Engineer, has forwarded tome the
attached letter inquiring as to the position of the Pitkin County
Commissioners vis a. vis the subdivision of the Benedict property by
the recently annexed portion encompassing the Callahan Subdivision.
Would you please respond to his questions by letter to me.
ThankyOll.
MEMO
TO:
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HAL CLARK
PLANNING DEPT.
~~~~ ~~~:~EER ~
DATE: Dec. 18th, 1975
FROM:
RE: Ca.llahan. Subdivision -City/County Review
As mentioned in the engineering department's preliminary
plat ~eview, there was no sketch plan submitted for ad-
jacent property under identical ownership. .In considering
this matter. it appears that there are at least three types
of subdivision,occuring at this time - i.e.,
1) the parcel ing of t.he total ownershi pinto two
parcels of ap'proximately 25 acres and 128 acres
resPect ivel y,
2) the further parceling of a portion of "'the 25 ac:res
into single family lots, and
3)' the subdivision due to condominiumization 'of the
townhouses and the recreation facilities.
The second and thi rd are being adequatelY reviewed under
the present procedure. However, the fl~st presents a
Problem in that one parcel is in the city and the second
in the county. The engineering department would like some
determination ,as to how the county views this situation.
One approach would be for the county to 19norethe matJer
since the actuat development is within the city. Another
alternative would be for the county to grant an exempt.ion
and d,efer review to the city on the. development matters.
As of now this department has not approached the applicant
about the problem. However, we are considering the entire
153+ acre ownership as the original parcel, and this may
prove to be critical to our approach on the water rights
issue. Because of the. water rights and other sensitive
issues invohed, we would I ike to get an administrative
understanding on the situation before approaching the
appl icant.
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January.~4, 1976
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Andrew Hecht; Esq.
Garfield and Associates
P. O. Box 8237
Aspen, Co. 81611
Re: Callahan ~ubdivision
Dear Andy:
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Dave Ellis advises me that the Ca~lahan Subdivision
anticipates' (a) taps off of the Benedict interconnect perhaps
within areas formerly within the COll..'1ty, (b) extension of the
City Waterline down Highway 82 and outside the City limits,
and (3' extension of an 8" waterline off of the ute Avenue
line also outside the City limits.
The two extensions into the County will require
approval from the pitkin County Planning and Zoning commission
pursuant to the requirements of CRS 30-28-110(1) (a) and (l)(d),
1973. In addition, I feel you should report to the county P & Z
of the intended service (as opposed to only transmission) use
being made of the interconnect.
Vuy truly' yours,
Sandra M. Stuller
City Attorney
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FIRE
PROTECTION
GUIDELINES
1) Provide access for fire apparatus on two sides of the
structure.
2) Radius of 900 turns shall be a minimum of 25' at the
inside curb line and 50' at outside curb line.
3) Fire lanes must be a minimum of 12' feet wide and de-
signed to withstand the weight of a fire vehicle.
4), Fire walkways or, lanes shall be linked to the roadway
by means of a curb cut, and ramp to the elevation of
the fire walkway or lane.
4:.
5), Dead ends that exceed one hundred and fifty (150) feet
shall be provided with an adequate turn around for,fire
apparatus.
6).
Over head obstructions over fire lanes must be at least
13' or over to allow apparatus to pass underneath.
8),
Fire hydrants should be located with 175' of building
on the two sides served by fire lanes.
Fire hydrants located in parking areas must be accessible
and protected, without obstructions. '
The fire lane in the.area of a hydrant should be wide
enough for the two pieces of fire apparatus to pass.(24')
7)
9).
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DELANEY & BALCOMB
ATTORN EYS AT LAW
DRAWER 790
GLENWOO:O SPRINGS, COLORADO 81601
ROBERT Oe:L.ANEY
KENNE:TH ElA.L.COM6
..JOHN A.THULSON
EDWARD MUL.HAL.I..,..JA.
ROBERT C. CUTTER
SCOTT M, ElAI..COMEl
8la eOI-CRACO AVENUE
TELEPI-'IONE 945-654e
AREA CODE 30:3
December 29, 1975
Mr. Hal Clark, Jr.
Land Use Administrator
Aspen/Pitkin Planning Department
130 South Galena Street
Aspen, Colorado 81611
RE: Callahan Subdivision
Dear Hal,
Through informal contacts, a group known as the Riverside
Ditch Association has been alerted to the plans for the proposed
Callahan Subdivision, and they are concerned least the subdivision
have a negative impact on their ditch right-of-way which presently
runs through the prospective subdivision area. They have
retained this firm to represent them in connection with the
Callahan Subdivision in order to implement the same type of
procedure which we have requested on behalf of the Salvation
Ditch Company. If possible, the Riverside Ditch Association
would like to see the County require the subdivider to survey
the location of the ditch right-of-way as it exists and is in
place and to locate the same on the final plat of the subdivision.
I am informed that the right-of-way as it exists is 15 feet in
width pursuant to an old instrument in the public records of
pitkin County. I am attempting to locate a copy of this instru-
ment to document the Riverside Ditch Association's position.
In addition, perhaps it would be advisable to require the
subdivider to (re)convey the newly described easement to the
present owners in order to eliminate any possible future title
problems. Furthermore, the Association would like to see minimum
setbacks required in the subdivision so that possible problems
associated with the construction of improvements on or within
the ditch right-of~way can be avoided if at all possible.
In addition, if it does not encumber the final plat to a
degree inconsistent with your intent, we would also like the
final plat to reflect a brief statement concerning the nature
,..........
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Mr. Hal Clark, Jr.
December 29, 1975
Page 2
of the Ditch Company's easement and their rights vis-a-vis the
lot owners similar to that contained in our correspondence dated
December 15, 1975. I realize there are some limitations to
the amount of verbage you wish placed upon any plat, however I
would suggest including the Riverside Ditch Association within
the language offered for the Salvation Ditch Company could
possibly minimize future problems between the ditch owners and
subsequent purchasers of the subdivision lots.
If you have any further suggestions or planned modifications
concerning the subject matter of this letter, please contact me
at your convenience.
Very truly yours,
By
AND BALCOMB
(
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Scott Balcomb
DELANEY
SB:pc
cc: Jim Snyder
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DELANEY & BALCOMB
ATTORNEYS AT LAW
ORAWe:~ 790
GLENWOO:P SPRINGS, COLORADO 61601
ROBERT OELANEY
KENNETH BALCOMB
,JOHN A.THUl...SON
EDWARO MUL.HALL,.JR.
ROl!lERT C. CUTTER
SCOTT M. BAl.-COMB
SIB COLORADO AVENUE
TE:L.EPHCNE $45-6546
AREA CODE 303
December 15, 1975
Mr. Hal Clark, Jr.
Land use Administrator
Aspen/Pitkin Planning Department
130 South Galena Street
Aspen, Colorado 81611
RE: Rubey and Callahan Subdivisions
Dear Hal,
In further response to your letter of December 1, 1975
indicated you would be willing to entertain a concise state-
ment of the rights of the Ditch Company which could then be
placed on the final plat of the subdivision. I hope that the
following will serve to fulfill that suggested requirement.
The easement identified on this plat belonging
to the Salvation Ditch Company is for the purpose of
owning and maintaining an irrigation ditch. The ease-
ment includes the necessary collateral rights of ingress
and egress for the purpose of reasonable maintenance
of the ditch.
Land ownership along the easement for the Salvation
Ditch does not include an implied right to the use of
waters flowing in the Salvation Ditch. Lot ownership
does not carry with it the right to use the waters of
the Salvation Ditch in any way.
If you have any further suggestions or planned modifications
concerning the above referenced language please let me know.
Very truly yours,
DELANEY
ANii' BALCOMB
~v(
By
Scott Balcomb
SB:pc
cc: Clyde Vagneur
Bill Goodnough
.~
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DELANEY & BALCOMB
ATTORN EYS AT t-.AW
DRAWE>=l 790
GLENWOOD SPRINGS, COLORADO 81601
FloeERT DE!:L-ANEV
KENNE:TJ-l aAL-COMe
.JOI-lN A,TI-lWL-50N
EOWARD MWLHALL..JR.
ROBERT C. CUTTER
SCOTT M. SlAL-COMS
SIB eOl-ORApO AVeNUE
TELEPHONE 945.6546
AREA CODE 303
December 4, 1975
Aspen/Pitkin Planning Department
130 South Galena Street
Aspen, Colorado 81611
RE: Callahan Subdivision
Gentlemen:
The plans and/or plat for the Callahan Subdivision have
been reviewed by the Ditch Company, and they have no specific
negative input to supply with respect to the plans for this
subdivision. However, I believe in the interest of continuity,
some of the suggestions made with respect to the Rubey Sub-
division are also applicable here. In general, the Ditch
Company has had considerable problems with persons who purchase
lots in the subdivision, not comprehending the facets of
Colorado law which enable the ditch to continue its operation
unmolested through such territory. Often times, the lot
purchaser actually believes that he has the right to take water
from the Salvation Ditch when the right is completely nonexistent
in law. Furthermore, the prospective lot owners have no
awareness of the practical day to day problems of ditch mainte-
nance and the actual width of the right-of-way which is necessary
to accomplish this purpose. Accordingly, the Ditch Company would
like to see the Aspen/Pitkin Planning Department require the
subdivider to survey the right-of-way of the ditch (including the
necessary right-of-way for maintenance and access as it has
arisen over the years, and locate it specifically on the plat which
would then be filed of record. Furthermore, the Ditch Company
would like to see the subdeveloper provide each prospective lot
purchaser with a statement concerning the prospective lot owners
rights and responsibilities vis-a-vis the Ditch Company. Perhaps
/,"'''''',\
,,~
Aspen/Pitkin Planning Department
December 4, 1975
Page 2
by implementing this method, we can avoid some of the serious
and expensive problems that have arisen elsewhere along the
ditch right-of-way.
Very truly yours,
DELANEY AND BA-LtOMB
( ,y
:?tfl;('~tk (
Scott Balcomb
By
SB:pC
cc: Clyde Vagneur
Bill Goodnough
/
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130 so
aspen,
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street
81611
MEMORANDUM
DATE: December 15, 1975
TO: Members of City Council
FROM~~andra M. Stuller
RE: Callahan Subdivision - Proposed Rezonings
In order to proceed to final adoption of the proposed
Callahan SUbdivision/PUD (to which you gave conceptual approval
in October) we will have to initiate the rezoning of three par-
celsof land within the area of the subdivision plat.
Attached is a map showing the location of Parcels 1,
2 and 3; Parcels 1 and 2 are the tracts you annexed earlier this
year. Parcel 1 is proposed to be zoned RR (Rural ResidentiCl.:!J ,~
to accommodate the use of the area as an open sPace recreation site
(tennis courts). Parcel 2 is recommended for R":15 (Residential)
zoning. Parcel 3 is the site of the Benedict home which iSLeo be
converted into a club house. Rezoning of this area to Il.R/(from
its present R-15 designation) is necessary to establ,ish a recreation
club. Recreation clubs and open space recreatio),'sltes are con~
ditional uses within the RR zone; consequently, if the rezonings
are approved. the P & Z must then specifically review the compat-
ibility of the proposed recreation facilities prior to permit
issuance. '
An ordinance to accomplish the rezonings is attached. The
P & Z has conducted their public hearing on the requested rezonings
and recommended approval.
SS/pk
Attachment
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Continued Meetinq
-, ~ueman Property
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'C!\ Wedum':'Hyma~
.'", Ordinance 116~
67
71
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RECORD OF PROCEEDINGS
100 Leaves'
Aspen Planning and Zoning Commission
December 2, 19:
Collins moved to table any action on this application
until t~~ Plann1ng and Zoning has had a chance to
review the proposed downzoning.
,of -, ,- "
Otte flug'gested that Thursday, December 4, 1975
a study s'ession on the downzoning and Tuesday,
9, 1975 thEy discuss th.eTrueman Property. '.
..". .
they'have
Decerr.ber '
All in favor, of the motion were' Goodheim, DObie, Otte,
and Collins. Opposed were Jenkins and Hunt.
Jenkins opened the public hearing; -and closed the public
hearing' and tabled'it. , .' (,
Jenkins opened the public hearing and closed the public
1'learing. " ,
., Hunt moved to table .Ordinance #66,' 61, 71, Series of,
1975; and Wedum-Hyman preliminary sl,lpdivision;seconded
by Otte. All in favor, motion carried.
Callahan Subdivision Jenkins opened the public hearing on the Gallahan
'Subdivision, preliminary piat, and three rezoning
applicants.
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Clark presented the Callahan Subdivision. Clark passed
out an engineering analysis which,Dave Ellis of, the
engineering department prepared and was on the preliminar
plat. Conclusion is on page 4 and theconclusion stated
that all of the above comments and requirements appear
to have workable solutions. The applicant has submitted
.extra working drawings on utilities and circulation.
The Engineering Department recommended that conditional'
preliminary approval be granted~ However, due to the'
extent of the conditions which .are from the engineering
department and are as follows: An additional 10 foot
set back in case there should ever be a request to
make this a public road, Planning Department agrees with
that. ~hey are talking about ext~nding a water system
Up Highway 82 to also cover Mountain Valley area; the,
engineering oepartment is requiring 8 inch line rather
than a 6 inch line. All of the conditions in the memo
have been met. We have discussed the water right with
the applicant and they are in agreement with the Plannins
Department. ~he preliminary plat has been sent. out. to
, 20 different referral .agencies and getting comments back
f.rom :referral agencies and incorporating them into' the
engineering comments such as the ditch companies,
~ater and electrical departments, gas companies we
are incorporating all their information on this pre-
liminary plat. We want them to show. access off interior
:road system rather than highway 82, certain sites
:require pumping for sewage, lot 9, for example should
be aware of that also lot 9, riverside ditch goes above
the building site such that we are recommending that
ditch be culvert on lined above that building site so wi}
not affect the house. Talking about series of easements
gas line etc.. talking about sewer easement going ,
th:rou9n th~ Ute Park to the East that has to be coordin-
ated with City Drainage plans off to the mountains which
the applicant is aware of. Talking about putting
hydrants in along interior road system, talking about
bike path that has just been resurveyed as .of yesterday
by '~ County and has not reflected on this preliminary
., plat:.. ~he applicant has agree4 to 40 that and has no
problem with location.
.
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Callahan Subdivision
(cont'd)
je,
Motion
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Aspen ~a:nning and Zoning conunis('''''n,'
D~celllber 2, 1975
'l'alking about 3 ditches that go through property;
the Nellie Bird Ditch, Riverside Ditch, and the
Salvation Di~ph each of ~chl1ay,eown specific
problems these would be water rights we request that
they, be surveyed and put on the preliminary plat. Talkil
about no obstructions to any of the.' ditches..
Clark mentioned that there is going ,to be a large indoor
tennis facility which is almost'a.full city block in
size. 'l'hereis a statement from the Engineering Depart-
ment about outdoor tennis court lighting, we are .
recommending that none of the courts except.. one set of
tennis courts be lighted at.night; there are 7 outdoor
courts and we are recommending that 2 courts be lighted.
We arerecommedning that no utility expansion or exten-
sions be made to the area east of the present developed
site and the last items are bascially the proposal has
only 1 employee housing unit in it for. .the caretaker ,
of the Plum Bouse facility; also they are planning parking
at 2 units per dwelling unit, the townhouses which is 40
spaces. Last item i.s.that the. Engineering Department is
recommending that oneCOS of water right from the
holdings of Mr~ Benedict on Hunter Creek be in affect
dedicated to the City asa condition of annexation of
this land and in addition right of first refusul.with
a guarentee price on the Nellie Bird Ditch of 3.94cfs
be also given to the City Council the right to negotiate
the price of that water right.
~ .'
.
'Clark mentioned that the City is going to be providing
water to the property. They would use that as a standard
requirement for subdivision where water. rights are
involved. Basically the land and water should go
together. .'
Hecht, applicant of the Callahan Subdivision, mentioned
that they do not have the water rights; it is something
that Benedict has agreed to consider and .consult with
his water attorney to see what can be developed on
that. Hecht mentioned that if, they are approved condi-
tionally that they would have no control over the
water rights.
City Attorney Stuller explained that the distinction herE
is'if the Planning and Zoning make it a',condition 'of
approval it would bea condition that they cannot agree
with. If th.e Pla,nning and Zoning make a recommendation
to city Council to negotiate; it is something that' they
can deal with later.
Clark also mentioned that they are unclear legally right
now as to what right that the Crystal Lake, which is
in the subdivision, has in effect. It appears to be
seepage from the Salvation Ditch and there is some
question whether'thatditch water can be cut off and
the lack, in effect, will ,be dried up.
Hunt made a motion to the effect that the Planning and
Zoning approve the subdivision rezoning of three process
and the preliminary subdivision plat with the Engineerinc
Department exceptions except for that concerning water
rights and we would recommend negotiations; seconded
by':, . .'./." .\ ';- ".:' ,i.,"
City 1\ttorney'StuUer felt that she'dind't think the~e
has been enough thought given to this proposal and
didn't know if they had any legal position to impose
that kind of conditional subdivision. approval. . If the
Plahning and Zoning would like, theCity Council could
COnsider negotiation and purchase of these water rights
at the time of preliminary approval, the final plat
approval then make that specific recommendation.
,--
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Continued Meeting
.... Callahan Subdivision
- .' (cont'd)
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RECORD OF PROCEEDINGS
, -,
100 Leaves
Aspen Planning and Zoning Commission
December 2, 1975
Hunt amended his motion to exclude any concern with
water leaving that at. the option of the City Council;
seconded by Dobie. All in favor, motion carried.
Hunt moved to adjourn1 seconded by Otte. Meeting
adjourned at 9:00 p.m.
, ~..Ab <ffl. l'J, KLflt~ ~
Eliz~~hM. Klym, ~eputy City Clerk
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rpc: HAL Cr,r~nK
1/LANNTNG DEP'.r.
~1'nOIv~: Dl-\ VE
GIrTY EN
DATE: Dee, 1, 1975
HE: CALLAHiUT SUBDIVISION _. FHELUUN,l\ HY PEN], EEVIE\-!
S,'he cnginoc?r,:Lng department 1" S GOmGlents and concerns are
rat,her ex,tensive, and l..lnfortuneately I w:ill not be able
to attend the public hearing, Min6r technical changes
or addi1;ions 11ave bee)1 onlitted afid wJ.ll Lo ll&ndled directly
with the a9plicant. Most itelns covered here have eitller
been discussed with or brought to the a'btention of the
applicant's representatives; however, SOlne items have not
been s~nce they arose only this weekend dtlring on~site
inspecttons.
.r;}. r9YJ.:i?:~_~ 0 ,Cl~ld_,!t~~.ght::_::::.2.!: .-. vJ ~Y.._
II1}1E.' c011cept of a one-v.ray circulat:l.on pattern to 11.1ore
fuJ.ly utilize"existing roadways and minimize disruption
of natu!'al terrain is acceptable in this situation.
Stol)ping-sight dj.5tance~ at the proposed interscctj,ons
wi.th }[jgllway 82 are sufficient for a 30mph design speed)
and t.rl(~ spacing bet,qeen 5.nt(:::rsectioru; :is adequate.
HO\\TeVer, the location at' the ee,sterly :LnteJ?f.,cction poses
prbblems with grade (4%min,) and curvature. To attain
the 4% grade, a fill of 6tq'is required which would in
turn require filJ. SlOpES steeper thail J.:1 wit,hin the
r:Lght-of.-\'!ay. rrh,e ;?Lt t right-o~>-wa'y i8 acceptable \.'Jhere
necessary Cl1.ts and 1'5.118 for a 10% rnaximurn grade on
~nterior roads and 4% at intersections can be accom-
modqted without excessiv'e cut/fill slopes. The reduced
centerline radii are acceptable excent for curves fill
and 1/16 wbich should meet the mini,mll;n of 100 feet s:i.nce
th:i.s is the primary circulation loop.
(;.,,;
In order to provide for 1:he eventuaJ.ity ttlat th~ road
system may be eithe:i:' tVJ'o--vlay 0';:' pub~Lic at some f'utuY'e
date, an add5ti.ojlal 10 feet should be addeclto the >Se-7bAcn...
required R,.l'j ilnrJ Hn ser,bac;J.cs em alJ. s:!,tes, ('rhe c:!,ty
.pl"csent1y has pendtng a request to taJ<:e-ove.r an jn(idc"~ 7stJI:)~
quate private road system and has llad similar requests J~~~
before, )
Ut:'t.l::l.ties.
IIlh,f~' ml.ntmurn 8i2,(;
rat.heT' t1"J8n 611.
two extens:ions:
for water distribution lines j,s 8"
The distribution system wiJ.:L require
1) A J:ine loop \\'J1J be rJcc(~s,~,)aJ:':/ (;':'1 }ltgh'\-Jay 82 east-
fr'ol''rl Aspen G:CC)\lf-; IY.xmp stat.'i.on to the? m,Qst ca;:,;Ler<1..y
intersection of tile Sltbdivlsion.
2) fin c:xtc: (l)"l (l,t' tJ1(~ \Ttc Ave:, l-i'.J'Jc' t,o r"'.~\vj,d(\ ce:-
p:eotect;Iol'l t:o 1';.r)(' ;30~.i,ttl ;J,.nd ,- out..})C,<l~~.t ::3jde:.) ():C'
the recreatj.orl c()lli]llcx.
'.rhe~~e ext'.er)s~Lons:.\rJ 1:1 r'equo1.f'c "('8'1.1('\',1, by the county ;:;i.nc;f:;
th(:y ay'c~ not cnt~l v i:IJt:J-J:lr\ the::' (;J..I,,;1. IrllC' ant,:l.cJp(~")tc(J
J:L {lC' :::'11"";:; ~3 ;::;lU'(' S ::1 t: the: h'i, 'r'(: 1 C~V;J t J U:' ],,';, :tn 1: J'] C ;:~ Y ::~~. t C;'1"n
\'F.i.l1 't)t:; rlL\c>ut ll(ip;::,t c]:J.cjYj;'; 8u,mr:lcr (:~"~'nnnd. ':rh:l.::~ _LE tl'~(~
m5.n1mutn de:~;il'Dt)]C' riln::i,rl ~)r'I:;'r,~:.:l}l'e arldLi'le ])()l,nt (.1Lt,,!hJ.c])
\~J'-::: bei..~Jn to e~c.i; c()rnr<i.,:;,J)'lt~'). ;~~ ~~:l,Lu:1t.J()n sl)()uJ.i:,1 be:'
aII,Ltc Jpi.\ L('~(Jwhen ;,;J'vinr:: bu :i. 1 cLLrlp;u tine] i. nc; p.Julllh :-i.rJ!" ~
LQ'I- Il.wf~,.t., srll,,,,Jt~.
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to;s /fiotZ ..j.(II'(,JlJ(./:J~,ttXI4TI()'lIS lI"'d Ntt'Ss 70 I.-J~e"'d" ~.J,
/010 r ,I><<.- I r "-lff!ttX t. ~7 S "'i\"
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CalJahD.n Sul)(U.vJ~;jorl -., Pre,J:tlll:1.na,:r'y' Plu:t HGv:iew
pase 2 of'
1!i,:~U1:,:i."g (c () n 1 \;:)
r.>~ ,.ff1tl> ~
$'
The sewer system will requil~e pUJnplng for several
sj.tes and tills is n)~n1;ion(~d only as a matter of
information. Aspen Metro Sanitation District will
have final rev..j.eN on that.
Eaf3cmc;,nts
-_.._,_._._----~
v
For cJ.ar:Lty these can Dest be enumerated.
1) The e~i8tini water and gas utilities will
require a pnblic easement through Lot 8,
Ri.verside Subdivision to serve the Callahan
SUbcl:i.visi,on.
n The proposed S',cl'ler easement through ute
, Ch:Llclr'en's Park will requ:i.re Park and Recrea-
tion Department and ,coljncilapprova:l. 'fhi,s is
at fi.rst lOOk the better 10cat10n for construction
purposes. c:,rt pft4'1'ltOe 1",;("'FCre"'~)
. "''''''$.. .
3) A joint uti1.1tyand access (service & emergency)
easement will be required acroBsproperty outside
the city and the subdivision to connect the re-
creation and office complexes with the Ute Ave.
extension on BLM land.
in 'rho ,;ubdiv:i.slon coc1.e requir;es ;'0' for emergeney
access and the fJre dl,strj.ct has I'equest,ed 21';lf
in the townhouse area. ;:i/fl! l/S-d~"'''''TS: f~" fC-,"~ 1<1""..,
5) Where sewer and water utj.lities are to be installed
side by side, a total 01' 30T is required to Jnaintaj.n
separation Bnc1. allow for construetion neerl~, To
accomplhJh this an add:i.tional 5 foot ut:1.1ity ease-
merit.i~ needed on each-side of ttle private road,
system'. rrh(jtelephoi'Jf: cejrnp,any ha.3 also requAsted
5 feet an all- sid9 lot li.ncs ~and 10 feet on all
front and bc1.ck lot 11nes. 'rho1r request is
eompa.tiblc-: vl.ith the ~H.1bd:lvisi.on designstandar.q.s.
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<i-:Cfll.vey, , "
:;,!:~r::nlcn'i,j j '''.I'' R.) V(\l'r~. 1'{1~; :-:nCl $:1,.1 V;t';~.l()J'1
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Memo
CEll1.alJan
IJ a. F"e of
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Subdivision - P]~elimj_rla~y Plat ~evicw
13 ~~~_l~t:~~~E~(5.~_:?.:D~ ~:!~_:'~J2S~~._9 1" ?-_<~~J2Z,
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'fhe bu:Lld:ing sites for some of the townhouses and
the'ro~rest10n buildinginelude slopes of over 30%
and the exterlt of e~cavat;ion should be shown in
accordance with Sections 20-12(f) and (i). In the.
caso of the townhoUses it would be desirable to move
them back from the very edge of the embankment and the
Riverside Ditch, A building site envelope should also
be established for Lot 12 since it has both 30% slopes
and floodplain restr:Lcti,ons. ""0 ' '
Lot 9 as ShOVvD is a questionable bu:Lld:1.ng s1te due to
excessive groundwater and its' location in a natural
drainage. It is the lowest point within the proposed
'11 ",,lSUbivision and lower than the va~3t ma,jority of the
~ I G..{r'Tl~ Oll. surround.ing at'ea. Being directly below the Rivers:ide
I. "~.J" D'Ltch it also receives considerable seepage,
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The footprint shown for the recreation building is
essentially 240'x180' which closely approximates a
~ull city bloc]{ (2"(O'x220' )/, Hegardless of how low
the buiJ.ding 13, ~L lS a massi,ve building for that
area, The 30' setback in the RR district should be
applied from the Bout:ll and southeast property lines
to anticipate any future roadway, Another question is
whether or not the outdoor tennis courts will be ,
1Ip;hted,and if so, the very poss:Lble det:cimental
effects on the residential neighborhood. (7 outside
courts) , ...0 7 'Z 0f~' <f
'v c;..T 0'
p,ol> -
Adjacent Ownership
'The subdj.viston code requ.:t.res that sJ.{etcrl p.1ans be
submitted for adj~cent property under identical
ownership. Although this development is somewllat
isolated from the balance of the ownership by the
river and fl00dp~ain, there are utility and road
considerat:lons which may be impacted by futu-ec
developments, At prescnt we ha~e no indications
of planf3 for' th"e remain:Lng prope.r.'"''Ly..!.
~~_ t e r.__llj.Jl;ll~_~_
NO ~7,(t,..., ~"""S~J. ..
'fO J.'47' 61: 1l<!1w'f)~'p~(JP
FO/Z. /.. 19"'11> o~ "#(. ,
"e""
The existi_ng lalce is a prilnary component of tIle natural
landscaping and the 'subdivision layout, however there
is 110 adjudj,cated right supplying the l&ke. This
sj.tuation ],eaves tIle Inke at the lnercy of tti~ Salvation
):Lt.c.h CCl.. should they dec:.:Ldc to 1:Lnc: thCLJ:' d:Ltch. Some
nrJ.'itngernent is' n8c:-~d(;d to '17;u.ars.ntee the long teY'm
",}] 't,.."L- .{~ ("11(.... I~.J~'> 1'~ 'f' t,.,.,,,, '-"'~;I''>''~
v.../a,Jn..L .1.L..Y '(J..L ".._ .l.a. '\,L ," H U .I\lr'c CH\'118:t;-:;"
L"
v'
p.'
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vJ ~l>'.,
..l l'
iT ' (,0'0
r:I'l".li.:: city' s contjnu~Ln~::; ~)()ltcy of';:,icqu.Jr>j.J'";;:; ~'Jater' l':i..ght;;:.i
in conju~lc:1,ion wit]) tIle groutl} of i.ts' wat(~r lJtJ,lj_ty
IJll)_;~)t be; ad.drcs~)\.:;d. rll'a,jor rr~:.J,rjJ,c:i.p{.J}_~OhT]}cd ,,\;o.tc:r jJt..iI:i.tic:s
',I") r'~)]t.Y"~(jo ]'(,"--Pj"i V>(: '[-,'1"i-' ~'jt. '~l'J('" '-".,r"'jr:;\ o'f' qt.,.t-~"')"..-;l1 -",01", or
._ j, '-''-_ _ .v... '.~ ", .. ,] 1.'"'''' ,l. ' h"_" \.I '. ,-,_. .'_ ll...' _' ,~, (.... ,....'- ".'.-0 '.I.,. .. -.
suhd,:ivi~3:i()n the appllc,;1r.:t rn;lke hI.s wEitc,r p5.p;h~"~[j avaj l~-
al:d,(; fer acqlLIs~)t~1on to tl')8 1:'J:~tt(;:',r' lJtl'l:Lty as r.:1 (~oncLi"tion
()1' ~)c;1.'vJe("-' 1 or 1;11(; 1)(::\'i! de vel. ,-")pmc'nt . Tl1C ctty :1.~')
(i('~',)I,P()U~,:; oJ' ;.:lcqu.t:cJng;-:; or> }:'j,FJ.lt~) I,yj aJ] I3t r(c,') J:l:3 L()
r:;u P,:l.llt.C-!P ;;:.ttc sU,r:1j"1},y .d!,1T"-l.ng (~rJtLGal 101;),..1'Jo\l"; YC;,::l:(';:1.
...J'
ro-,
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rViemo
Callahan Subdiviaion - Preliminary Plat Review
Page 'of
llct'er Ri~r""(cor'l't)
I d -;.. .~t:... .ll),::) \ -' .
-------_.._~..__._'- ----
As a condition' or subdivis:Lon approval the city should,
receive lefs of senior right on Hunter Creek and receive
a right or first refusal with a guaranteed price on the
3 9"ef~ (IJQI'Lip Sl~rl\ o~ 1',')p ROarJ'11'~ 'l~Ol'k Wit'h Coun0l"]
. 'i _ '-' .. ~ '- .. ,.>,,'.. ,_.......J... ". ! ) J '. ~ _' .. . _' c> _ , ~ . . \1\ .__.. . ,~_ ._
approval such items as ,cash dedicatibns and water PIF's
can be negotiated as the value of the rig}]ts and/or
the cityTs fj.nancial considerations necessitate.
Conclusion
1\.11 the' above comments and requ.:Lrements appear to have
workable solutions. The applicant has already submitted
extra working drawings on uti.litles and circulation. The
engineering department would recommend that conditional
preliminary approval be. granted. Hov,revex' "due to the extent
of the conditioDs, we would like to have the above items
resolved in preliminary form prior to proceeding with final
pla,ts a.nd engineering detail.?>. This sl"J.ould min~Lm:l_ze
poss:Lble In~lsunderstandtngs an,d dupli.ca,t1.on ofwo:ck.
;Io1(JW'f" e /,Jo/.fSI4I1 ? - C^,lte:r-I'l-I{U-
'811(e. 1fl (tfL- 2:s l.t~ r /l.ece.t II (K,;)
PI1ft(i~6t~ ~~", 'eo/.'" Y'~I,,~
cc: Sa11dy Stuller
tTJm )\'larka,luna2;
rl'om DuC':ste{i,bol'g
finely Hecht.
John Be:1..B',:~l)(,J
~
!~
ASPEN/PITK
130 so
aspen,
(
~ \ ,'I) ,',: I
I \" ~ '" ~;'
, \ ' J'",
ing Department
street
81611
.~.. '..
/ , '
,
"-.: ~"'-; '~.; -....
MEMORANDUM
TO: City Planning Commission
FROM: Planning Staff (HC)
RE: Callahan Subdivision Preliminary Plat Regarding Requests
DATE: November 25, 1975
This is a public hearing to consider the Preliminary Plat of the
Callahan Subdivision and three (3) specific rezoning proposals for the
tract.
As of this date the Planning Office has not received written comment
from the Engineering Department regarding the Prel iminary Pl at. Thei r
comments will be presented at the December 2, 1975 meeting.
Parcel 1 and Parcel 2 were recently annexed parcels and the Planning
Office is recommending zoning them Ru~al Residential (RR) and R~15,
Residential respectively as these are the contiguous City zones. The
rezoning to RR for parcel three (3) is to accomodate the clubhouse use
as a conditional use in the RR zone. Clubhouses are not permitted in
the existing R-15 zone.
The Planning Office recommends approval of the Preliminary Plat
subject to the concerns of the City Engineer and approval of all these
rezoning requests.
,....\ 1"""\
^
@
Mountain Bell
Aspen, Co.
Nov. 24, 1975
Mr. Andrew V. Hecht
Garfield & Hecht
Attorneys at Law
P.O. Box 8237
Aspen, Co. 81611
Dear Mr. Hecht:
Per your letter of Nov. 14, 1975 requesting a commitment for
service to the Callahan Sub-Div, we will serve your area, but
at this time I can not make a firm commitment. 'I'e will need
a final plat and a proposed construction schedule for the
total development. We will also need at least a six month
lead time to be able to provide the telephone facilities.
There may be a construction charge to provide the telephone
cabling and facilities to the proposed Sub-Div, which is paid
by the developer, with a possible refund over a five year
period, depending on the actual building wi thi.n the develop-
ment. '
If I can be of any help or if you have a.ny questions,
please give me a call at 925-1425.
Yours :r~VA
~~~
Manager
430 E. Main St.
Aspen, Co. 81611
.~.-
--~."",.-,.~~_.".,~.-..,~ . '_-.~_.":",~...,,.-_._.-.~'-
.."-" ..-,
ASPEN METUPOLITAN SANITAT(';N DISTRICT
November 21, 1975
Callahan Subdivision
Lots 1 through Lot 9 can be served by proposed
sewer line. Lots 10 through Lot 14 could only
be served by the installation of a sewer lift
station. Sewer service for Lot 15 and 16 and
present office building south of the Roaring Fork
River would have to have an easement through Ute
Park plus part of the line would require 15 foot
deep cuts and excavation in order to. be connected
to present sewer on Ute Avenue.
~/?f..-/I~~r>--
~C~lbertson
Manager
AHC:bk
Box 2810
Aspen, Colorado 81611
303/925-2537
.,......,.
/"",
ROCKY MOUNTAIN NA TURAL GAS COMPANY INC,
P.O. BOX 2059 . ASPEN, COLORADO 61611 . (303) 925-2323
November 19, 1975
Mr. Andrew V. Hecht
Garfield & Hecht
P.O. Box 8237
Aspen, Colorado 81611
Dear Mr. Hecht:
In reply to your letter, dated 11/14/1975, in reference to possible gas
usage in the new proposed Callahan Subdivision, first of all
the Developer would have to make application for a MAIN LINE EXTENSION
into the project.
He would be reimbursed at $ amount per meter, depending on what size meter
also commercial or domestic.
Presently, while the moratorium is still somewhat in effect, the individual
owners should sign a service line application. After these are signed the
regulations read
you must have a BUILDING PERMIT in 90 days, start building in another 90 days
and be using gas within 9 (nine) month.
My questionsat this time is, to you feel the prospective customers can meet
these requirements?
Mrs. Maddalone of Benedict's office asked for and we mailed to her 4 (four)
applications for the commercial buildings. I mentioned to her also the
stipulations we have and hope they are able to meet them.
With these questions, I feel I should not sign the letter from you but will
keep you posted on developments on the moratorium if you feel it of use.
The Company makes a quarterly report to the P. U. C., usually on the first Tuesday
of January, April, July and October and on these dates they have lifted the
hol and have .received permission to serve on all these prior occasions.
el that this will continue and we should not see any problems in serving
e prospective customers. Please contact me, if further questions come to
=7crelY, ~
~~per ~
District Manager
,.-;
ROCKV MOUNTAIN NA TURAL GAS CO~PANY, INC,
P.O. BOX 2059 . ASPEN. COLORADO a1611 . (303) 925";'2323
November 17, 1975
Aspen, Co. 81611
Benedict Associates, Inc.
Box 40
Aspen, Co. 81611
Dear Pat:
In reply to our recent telephone conversation which was in reference to the
Calahan Subdivision east of Aspen.
First of all there will be no problem of installing an extension into this
new project other than the subdivider paying for and being reimbursed on
Aid te-"Construction for a five year payback period.
I am enclosing (4) applications for service line as you mentioned and if the
remaining lot owners would also sign a service line application I see no
problem in serving these lots.
Presently we are still on a partial moritoriumon which the company meets
quarterly and reports to the P. U. C. In .the past all the people on the
waiting list were accepted.
I hope this is the type of confirmation you needed and if further questions
come 'up, please call.
Thar:k..., y. oU.'
"'7l,/,f ;//.J/J/
~c&'l't?eeo/~
~:Ulard C. Clapl1,er
District Manager
wcc/cw
P. S., According to present moritorium regulations the following should be
initiated:
1. Building permit in 3 months.
2. Under construction following 3 months.
3. Using at the end of 15 months.
REcra\,,"'n
.'.. . ~,"" r; ,!,~i,'" tJ
..' ' "J ~~.~. ''. ",
J\lOV191975
, ' , I" ("
Qer ' :; ,;', r:SSDC. ,\,~
U"",1...-........ "
^
^
RONALD GARFIELD
ANDREW V, HECHT
JOHN L, LAWRENCE
GARFIELD & HECHT
ATTORNEYS AT LAW
POST OFFICE BOX 8237
ASPEN,COLORADO 81611
November 14, 1975
TELEPHONE
(303) 925-1936
Mr. Michael Schuster
Manager
Holy Cross Electric
P. O. Box 297
Aspen, Colorado 81611
Dear Mr. Schuster:
I represent clients who are making application for govern-
mental approval of a certain subdivision and planned unit development
on the east side of the City of Aspen known as the Callahan Sub-
division. The exact location and property description is described
in the preliminary plat previously sent to you in connection with
City of Aspen regUlations.
By Submitting this letter, the applicants request that you
commit for services to that development, which includes nine
single-family houses, one duplex, twenty townhouses, a club house,
and a recreation complex including three indoor tennis courts,
two squash courts, two racquet ball courts, and facilities in-
cidental to their uses.
If, after reviewing the plat you can make that commitment,
please do so by executing this letter in the space provided for
your signature and return it to me as soon as possible.
Thank you for prompt attention in this matter. If you
have any questions, please call.
Sincerely,
c:;;;;Z.Lr ~
Andrew V. Hecht
AVH/nwt
""'k.~/ --I /1 /J. l?;~..,-
11/ e,M-1./LV( ~( /~
, ichael Schuster
Manager
Holy Cross Electric
;1"'\
,,-.,
aspen ,c
PEN
box v
Aspen/Pitki.n Planning Office
130 South Galena Street
Aspen, Colorado 81611
Attn: Bill Kane
Dear Sir:
The City of Aspen Water Department has no comments to make
concerning the merits of the proposed subdivision other than
to state that the water lines as shown in the preliminary plat
should be "looped". There are two reasons for this:
1. to avoid dead end mains
2, to provide for system redundancy by interconnection
of the distribution system or alternate circuit in
the event that the portion of the distribution
system need to be shut down for maintainance purposes.
It is the policy of the water department to require new sub-
division developements to provide looping of the distrIbution
system wherever practical or possible. Therefore it is our
reccomendation that the developer br required to provide an
interconnection between McSkimming Rd - 82, south easterly
to the street intersection abutting lot 1. We would also rec-
comend if possible that an additional interconnection be
provid'ed along highway 82 between the roadway marked "enter"
south easterly to the roadway marked "exit" adjacent to lot 10.
In order to maintain our
that the interconnection
be required.
objectives, it is absolutely essential
between McSkimming Rd - 82 and lot 1
JM/bc
dG'nc.ereClrt~.
J m Markalunas
ater Department Director
cc: Dave Ellis
Tri-Co Management, Inc.
Benedict Associates, Inc,
I' Ii:
,,,,,,,",
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Ryb..W ~cL (I
1J'61<:'-
CI.TY - COUNTY SUBDIVISION REFERR/\I, LIST
1. ~~2,I"F~;j";f
'~n:+rS'eF!OOt"'bIsTRICT #1
BOX 300
ASPEN
1 2 . ': MQl;JN:1JAlbldlliil-L
"~)C:'~"'~
GRAND JUNCTION
2. WILLOW CREEK DITCH CO.
C/O LADA VRJ\NY
BOX 658
ASPEN
,13. STATE FORESTER
LEROY D. SCOTT
1.039 N. 7TH ST. '
GRAND JUNCTI ON
14.
8SPEiII nRILDlST~, 4l,li
e'70' WILLARD CLAPPER
BOX 2059
ASPEN
3. ,~6'('~(.R0ss.:.Ft'Fe~
"Cf(r'ctEMENr1<OPF ' .
1301 GRAND AVE.
GLENViOOD SPRINGS
4. RlilC"'Y .,~W)l:Il'.,:G~O.
'tYtr'wrrLARD ctAPPER'
BOX 2059
ASPEN
15. COUNTY SURVEYOR
BOX 5547
WEST VILLAGE 81615
5. . FOREST SERVICE (BOB RANKIN)
BOX 359
ASPEN
16. SNOW~ASS FIRE DEPT.
BOX 5700
ASPEN
6. DIVISION OF WILDLIFE (WHI~AKER)
BOX 1153
ASPEN
17. BUREAU OF ALND MANAGEMENT
GLENWOOD SPRINGS RESOURCE AREA
BOX 1009
GLENWOOD SPRINGS
8. COuNTY SANITARIAN
506 E l'tll.IN
ASPEN
18 . ,'METRO.~IT~T lQlll
r:OOi':iintr .
ASPEN
19 ~,. CITY RECREAnOJllUilEPT. .'
20. SALVATION DITCH CO.
C/O DELANEY & BALca~B ~
818 COLORADO AVE.
GLENWOOD SPRINGS
~:"~ 't:rF1"1:m'fj~~
7. MT. SOI'RIS SOIL CONSERVATION SERVICE
CARBONDALE
9. COLORADO DIVISION OF WATER RESOURCES
101 COLUMBINE BLDG.
1845 SHER~~~ ST.
DENVER 80203
, GEO) 10. COLORADO GEOLDG I CAL SURVEY
254 COLUMBINE BLDG
18Lf5 SHERMAN ST.
DENVER 80203
22. CITY PLANNING COMMISSION
:OEO) 11. U.S. DEPT. OF AGRICULTURE
SOIL CONSERVATION SERVICE
GLENWOOD SPRINGS
23. TRAILS COORDINATOR
DAVE RUSSELL
506 E. MAIN
ASPEN
'"~..,..~'
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1fIDl(6J~!;dZlli)n'
Jr NOV 11 197t b
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W. T...,..,.......... r;, C,'---"-.-_
... z...-......,-- w. c, c..--
ASPEN/PITKIN PLANNING OFFICE
130 South Galena Street
Aspen, Colorado 81611
SUBDIVISION PLAN CHECK FORM
Mailing Date:
November 10, 1975
Subdivision:
Callahan Subd;vi~;on
Agen cy:
Aspen Fire District
The enclosed plat is provided so that each utility company and public
agency may inspect the plat and the site, making comments, concerning
the placement of easements, atc" and where necessary sketching recommended
alterations on a copy of the plat.
Your comments and any corrections made on ,the plat must be returned to
the City/County Planning Office no ,later than November 25, 1975
If you have no comments please refer this form back to us making note
that you have no comment at this time.
/!?o/ of It/d /I'~l ~ ~ y- ?/0~_,
rJ/ :JiftW~ I8cJtJ(:f'. , '
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ASPEN/PITKIN PLANNING OFFICE
130 South Galena Street
Aspen, Colorado 81611
SUBDIVISION PLAN CHECK FORM
Mailing Date:
Subdivision:
November 10. 1975 '
Callahan Subdivision
Agen cy :
Mountain Bell
The enclosed plat is provided so that each utility company and public
agency may inspect the plat and the site, making comments, concerning
the p'lacement of easements, etc., and where necessary sketching recommended
alterations on a copy of the plat.
Your comments and any .correcti ons made On the plat must be returned to
the City/County Planning Office no later than November 25, 1975
If you have no comments please refer this form back to us making note
that you have no comment at this time.
MauE.s.r S'UT7L./rY EASL'MENT A~~AJ(;'E~.sI.J)(;
tJF .:s l:bE.L~ r '-INiE A-MZJ /t:J' A~NII8 ,,&"1I!1~vr AN:D
t2I!:AJe ~.,.. UA/A!r C.
~;l.~
A6:A €~NE~
~Jn7III.IN BE'"LL
^
~.
~
ASPEN/PITKIN PLANNING OFFICE
. 130 South Galena Street
Aspen, Colorado 81611
SUBDIVISION PLAN CHECK FORM
Mailing Date:
Subdivision:
November 10, 1975
Callahan Subdivision
Agen cy :
Metro Sanitation
The enclosed plat is provided so that each utility company and public
agency may inspect the plat and the site, making comments, concerning
the placement of easements, etc., and where necessary sketching recommended
alterations on a copy of the plat.
Your comments and any corrections made on the plat must be returned to
the City/County P"lanning Office no later than' November 25, lS75
If you have no comments please refer this form back to us making note
that you have no comment at this time.
f..Llt C; It-?< vL.R ~',
.1""\
!"",
<
ASPEN. METROPOLITAN SANITATION DISTRICT
November 21, 1975
Callahan Subdivision
Lots 1 through Lot 9 can be served by proposed
sewer line. Lots 10 through Lot 14 could only
be served by the installation of a sewer lift
station. Sewer service for Lot 15 and 16 and
present office building south of the Roaring Fork
River would have to have an easement through Ute
Park plus part of the line would require 15 foot
deep cuts and excavation in order to be connected
to present sewer on Ute Avenue.
~JrI- ~~
Albert H. Culbertson
Manager
AHC:bk
Box 2810 . Aspen, Colorado 81611
303/925-2537
"
/....,.
t""\
ASPEN/PITKIN PLANNING OFFICE
130 South Galena Street
Aspen, Colorado 81611
III
SUBDIVISION PLAN CHECK FORM
Mailing Date:
Subdivision:
November 10. 1975
Callahan Subdivision
Agency:
Ci tv El ectri c
The enclosed plat is provided so that each utility company and public
agency may inspect the plat and the site, making comments, concerning
the placement of easements, etc., and where necessary sketching recommended
alterations on a copy of the plat.
Your comments and any corrections made on the plat must be returned to
the City/County Planning Office no later than November 25, 1975
If you have no comme~ts pleas~ refer this form back to us making note
,
L " ...
I L VVJ
1,\
^
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l)~(D]~~~D
J\f NOV 11 1975]1
J, J,'.h..........,... K. K".....n.......-
W, T...-............ E, c,.....:.,:....,-
'L z......,..-...,.... W. c. c..--
ASPEN/PITKIN PLANNING OFFICE
130 South Galena Street
Aspen, Colorado 81611
SUBDIVISION PLAN CHECK FORM
Mail i ng Date:
Subdivision:
November 10, 1975 '
Callahan Subdivision
Agency:
Rocky Mountain Gas Co.
The enclosed plat is provided so that each utility company and public
agency may inspect the plat and the site, making comments, concerning
the placement of easements, etc., and where necessary sketching recommended
alterations on a copy of the plat.
Your comments and any ,corrections made on the plat must be returned to
the City/County Planning Office no later than November 25, 1975
If you have no comments p lease refer thi s form back to us mak i ng note
that you have no comment at this time.
~ W.J!~ 2.-d~~~ crn~ ~--r- fcUo~"Jl/J=v-I.%~-~
--0-\ a/~JACcO --L~ 4-jJo-y~rh~-dJk~'~' ,;Z/-
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WJ&~/(!~
o([lJ- ?J1a.r~
, t]~ jJt/~,/<f;~ e
ARCHITeCTS
PLANNERS
ENGINEERS
BENEDICT ASSOCIATES INCORPORATED
~ ,..'
BOX 4(l
ASPEN 81611
COLORADO
(303) 925-3481
November 10, 1975
Mr. Andrew Hecht
Garfield & Hecht
Post Office Box 8237
Aspen, Colorado 81611
..
Dear Andy:
I am enclosing two (2), copies of the legal description rOT the
" Clubhouse area from Tri-CoManagement dated 11/6/75 to be used in
the public notice for rezoning.
I understand that you will also ask Sandy Stuller whether or not
a public notice is required for the P & Z meeting 12/2/75 when the
"Conditional Use" for the Clubhouse and Recreation Facilities are
to be considered.
, '.
The 1ega1g~scriptions must be received by the City Clerk no later
than noon 11/12/75 to meet the 11/13/75 publication deadline.
Sincerely.
BENEDICT ASSOCIATES. INCORPORATED
.
~~
M'1'1iaddalone
I
jl PM:gg
, ERe10sUxes
l
I
i
I
cc:
Kathy Ha.uter, City'Cler:k,.",..-
..
i~
;~
'1
,ll~
TRI-CO...iManagern€3nt, Inc.
Planning' Design' Surveying - Engineering -Construction
and.Management of Land
November 6, 1975
Lotl4
Parcel for Re2;.oning
75-113 Benedict
DESCRIPTION
A Subsidiary of Trico Corporation .. Offices throughout the West
.......,jll!!..... A
Box 1730
Aspen
Colorado 81611
303-925-2688
'E~. ,"ne9 ;dl\e". l'C ;",- ....CClW.... II led
P.O,~40 '
ASPEN. COLORADO 81611
Phone {303}925-3481
~,
l1~UU~OO uDff UOOtAl~~(f.JI]nuu6:JL
oA>. November 6, 1975 1'08 N'75_15
ATTENT10l'ol
: ,Richard Presence
I '
, '
,
RE'
TO
Colorado Dept: of Highways
Callahan Subdivision
'0 r- f.-\ 1""" . ,
j',
",-
P. O. Box 2107
NOVJ.81975
n
Oen:,Il';, " .
, , .....,.......v.
Gr"nd .Junii1-inn, C:nln=i1o R1501
GENTLEMEN:
WE ARE SENDING YOU
o Shop dra~
o Copy of letter
Xl Attached tJ Under separate covM-aM DeliverY to &ill ~'oltowmg items:
Gl:Prints 0 Plans 0 Samples 0 Specific;ations
o Change "oier 0
COPIES I
1 se~
DATE
NO.
DESCRlPTlOH,
10/31/75
20
Callahan Preliminary Subdivision Documents - (3 pages)
, THESE ARE TRANSMITTED as checked below: '
~.
o 'for approval
Ox: For yow: use
o As requested
o for, .review and comment
o FOR BIDS Dl.lE
o Approved as submitted
o Approved as noted
o Returned for corrections
o Resubmit_copies for approval
o Submit_copies for distribution
o Return_corrected prints
o
19
o PRINTS RETURNED AFTER'l()A!'tTO US
REMARKS
. ,...
RECEIVED BY:
~ C:.-/hY1~&.
GtG,
-
Urcf,dffiZ
Iff 7/zr
COpy TO
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It enclosures ate not as noted, kindfynot;fy us at OIice. Pat ~dalone
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P. O. Box 40
ASPEN, COl..ORAOO 81611
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,[L~UU~OO @W uOO~~~lmilntillb
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Phone(303) 925-3481
DATE
'November 6. 1975
ATTENTION
1'0"75-"15
TO
Aspen Fire: Department
Post Office Box 2059 \
Mr. Willard Clapper
,. RE.
Caliahari Subdivision
~pen, Colo~ 8161l
GENTLEMEN:
WE ARE SENDING YOU
o Shop drawings
o Copy ,of letter
Hand delivery to Bill !Cane
~ Attached 0 Under separate co_ via tlt& following items:
Gl: Prints 0 Plans 0 Samples 0. SpecificatioM
".'
o ChaAge ott:i8<' , 0
COPiES I DATE
1 set lO/31/7S
NO;
DESCRIPTION
Callahan Preliminary Subdivision Documents
l4
THESE ARE TRANSMITTED as checked below; "
o For, approval
o For yeur use'
o As requested,
o Approved as submitted
o Approved as noted
o Returned fOr corrections
o Resubmit_copies for, approval
o Submit_copies fOr distribution
o Return~corrected
>.' ". .,'....,
o..Far-~-.ana:~;~nt D
o FORBIDS DUE 19 GPRINTS RETURNED AFTER LOAN TO US
,~ARKS ???~~k/~, ~ YtJd~ Yd:;,. , 'p~~: 'l-Ci'#~~~;;-~~~~~~ f '
c-<!t;/r 4)~h, prJ-:~Wty--4-#''-'-'ll-/'~_4fiT ~-6~,/ r ~~? 7.~
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RfCEIVED BY: ;::::j'
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COPY TO
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STEWART TITLE OF,ASPEN, INC.
HEREBY CERTIFIES from a search of the books in this office that:
The following named persons appear to be the real property owners lying within
a 300 foot radius of the Clubhouse as shown on Exhitii A and outlined in Green:
HARRY W. AND CHARLOTTE A. POSCHMAN - Box 2671 Aspen 81611
DOROTHY p, PUMPELLY - Box 1093 Aspen
ERIKA GROB - (Mrs. Robert Murray) 21 Flint, St., Salem, Mass. 01970
DARYAM. NOONAN - Box 894 ,Aspen 81611
KATHLEEN B. WILSON F/K/AKATHLEEN BUTTERWORTH 58 Hawthorne Rd., Roell: Island, Ill.61201
SHELDON GROSS ... Box 185, Aspen 81611
WOLF J. AND RIA MARIA BEYER- Box 1311, Aspen 81611
IRWIN W., JR. AND ELLENW. HARLAND - Box 484, Aspen 81611
CHARLOTTE WHITE THOMSON 1375 Riverside Drive, Aspen
ELIZABETH ERICKSON - Box 912, Aspen 81611
~ THE COUNTY OF PITKIN - 506 E. Main Street, Aspen
JACK E., JR. AND JANE E. VAN HORN - Box 1585, Aspen 81611
RUBEN M.GINSBERG (TRUSTEE) Aspen, Colorado
FREDRICA. AND FABIENNE BENEDICT - Box 40 Aspen 81611
BENEDICT LAND AND CATTLE COMPANY - Box 40 Aspen 81611
PATRICIA E. MADDALONE- Box 635 Aspen 81611 '
Although we believe the facts staed are true, this Certificate is not to
be construed as an abstract of title, nor an opinion of title, nor a
guaranty of title, and it is understood and agreed that Stewart Title of Aspen,
Inc. neither assumes, nor will be charges with any financial obligation or
liability whatever on account of any statement contained herein. '
Dated at Aspen, Colorado, this 30th day of October A.D. 1975 at 8:00A.M.
STEWART TITLE OF ASPEN, INC.
BY: d;?4Lf~~
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aspen,
SPEN
street
81611
MEMORANDUM
DATE: October 28, 1975
TO: Hal Clark
FRo~andra M. Stuller
Be sure to initiate rezoning procedures for the
recently annexed Benedict tracts. Ordinance 64 annexing
the two parcels will become effective next Wednesday, and
the ninety (90) day period to rezone commences then.
SS/pk
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September 30, 1975
James T. Moran, Esq.
Holland: I Hart.
Attorneys-at-Law
P. O. Box 1128
Aspen, Colorado 81511
Re: Callahan SUbdivision 'l'rails Agreement.
Dear Jim:
It is my understanding that a final trail agreement
has been reached between the Benedicta and Pit.kin County along
the lines sl19'geated at our meetin9 two weeks ago. I would
like to alert you, for the benefit: Qf your clients, that the
proposed scenario for conveyance of the right-of-way to the
County may not be appropriate unless certain conditions are
mel:..
As you are aware, Section 20-18 (c) of the City
Subdivision Requlations requires that:
.. (c) Whenever a tract to be subdivided in-
cludes any part of a bikeway, bridle path,
cross country ski trail or hiking trl!l.il
designated on the, Aspen, Trail System Plan,
t.he subdivider shall plat: and grant public
easements in compliance with the plan.
Thel!iEl easements shall be in addition t:o,
and ahall not be included in, ':;he computa-
tion of thepubUc open space dedication
required."
The City waives no right to haVing thatrail dedicated
to t.he City, and the sU<:J9'estion that t.he County WOuld be. the
appropriate donee for links lying within the City was premised
on a pending City/County trail agreement that anticipated that
all trails (whether within 9J:" without the Ci'ty) would vest in
the County. Diseusl$ions on 1':he aqreement have not progressed
at a paae such that I can assure you that when t.he dedication
is t:'eAdy to 'be made, that the County will, as a llIlltter or right,
he the appropriate accepting agency.
~
James '2. Moran, Esq.
Sept. ember 3G, 1975
-l?8.qe 2-
Consequently, ,11'1.11 you please let: me knOW when t.he
dedioation ia ready t.obe made (f~a.l plat.) and we can, at.
t.hat. point, waive any int.ere$t. t.he Cit.y uy have or appoint:
the City as donee, 8.$ 1:he <:ireum.tanoee uy require.
Very>t:ruly yours,
Sandra M. St.uller
City At.t.orney
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co: 3111 Kane
J. l.\rl0h0laaMcGrath,Esq.
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MEMORANDUM
DATE: September 11, 1975
'rOt ~1eIlIberaofCny COUncll
FROM: Sandra M. Stuller
REI St.atus ,of Ne9ot.iatlona for
Callahan (Be~lc:i:)SUbdivlsion lrrail
.:toe Edwards, MikeK1nllleyan.d Imet.wlth the aenecUc:i:
fi:rm for one and .a half holitrs. Wednesday to attempttoarrang-e
:for the imlnediate"'eonstr\l.cdQ11of . t.hei::ae"ll link t:hrQU9h the
Callahan Subdivlsion Plilnd1ng' final subdivislon/puDappmval.
The projectlln1sv. receive subdivision, pun and' stream
margin approvals, be,re%onedtin part), and be annexed, (J.n part).
TO date, it. will have nceived only eonMptual Sl.'1bdiv.t.a.ton .approval,
withOutlll'le~l~tPlan approval scheduled in the, near. :fut~e..
G!ventheprellfl\1narY status of 'the project. in eity land uS(ipro-
aeduns. it. wasJllllMclear early tnthe disC\U!usion ytultl.-day t.hat
no arrang;esaent made with referlmce to the trails ~uld ~natU:ut.e,
in anymann$r, anstra.int or the exerelSt!! of y~ or the l' & E'a
delibere:t1ons, when. various' hearings or approvals are JIIllndated by
Qltt're<ptlat:iOns.
Given .the above limi:t:.at.ion, the follOWing arran9'fiIl1ent.
"conditioned on a9~t by i'abienne Bened1c:t) w<<s 1llJIl.de.
BenediQt gave~haCowii:y the right of illll1lediat.e entry to
~ljifi dQnatruat:1on ;With.in 1t~next. week. In the evel\t the subdivislon
propos.al now 1*lding (36W1its) ,re~ivesf.inal approval, BenediQt will
eonV'il!yt,ttle eo. the COunty . of the enti.retrai1 (that. both within and
wi~t. ~IlUbdlvidedtracth<u1d the maUar wU.l be resolved.. lrhe
unavUlal:>iUty of asphalt' <<fter ~r is what makes the, imluediate
QonsU'UctiAAofthe t'-\'8.UnecassarY.' The cquntywou14a.sstune all
OO$tli <i)f eonstruet1on(induding the brid9'el, and do a eenterl.ine t
in-place, . s/\1rvey of the traU on oompletion.
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Members of City council
Se]1Jt.moer 11, 1975
-Plll~ 2-
If Benediet. <1QeliJ not reoeive approval of this project,or
any otller project be .Ill&Y wish to present to the city, and he"', hall
made a 9QOd faith efforein his ap!,lica:t:ions, he will notify l'it1l;:.l.n.
county edBenedict cmdtheCount.y IlIUst negot.1ate for a sixty (50) ,
day period to det.e_ine the value ,of the laad taken for thet.rail.
Failing agreement, the County will beqin condemnation proeeelUnqs
and conSElntto pay fUll" ~ward rendered by the Co~t or jury ~ssion
in the proceet'U.nqs.
As a eorallary, if the pendiag' proposal is not approved,
thlll), within thretll years of, the date of this agreement, Benedict can
request: relocation of any part of the trail ,(either t.o accommodate
a new project or the continued use by the Benedicts of the t;;t'actfcn:-
theill' residenoe) exoeptthebridge, am the cost of relocation will '}:)e
bo;:ne GtI\UlJ.ly by the county aad Benediqt. Finally, 1me Benedict firm
will design the bridge so it will be ~ sQIl1ewhat responsive to any
future uses the ~enediots may fUlHeipate for their land.
The arranqemen't has not yet been reduqedt.o writing and 1lI.1IlY
be amended. n does not. directly affect the C1:ty at: this point,
but: :I will keep you 1.nformedof aayradicalchanges.
:;:S/pk
eel Mick Mahoney
Bill Kane
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Special z.teeting
Aspen City Council
September 11. 1975
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Mayor Standley called the special nteeting to order at 7:0S.p.rn.with Councilmernbers
Johnston, Parry, Pedersen, City Manager Mahoney nnd City Attorney Stuller present.
,.
HIGH SCHOOr, HOMECOMING BONFIRE
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Mayor Standley told Council this was a request from the High School to have their
bonfire on the Rio Grande Property. 'Mayor Standley had Chief of' Police Hershey and
Sanitarian Bob Nelson check it out in terms of tho proper place to have this bonfire.
Hershey and Nelson agreed it was.
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Mayor Standley told Council he had talked to John Ranyan of the High School and reminded
him that last year's homecoming class did not clean up very well after the bonfirem.
Ranyanhad promised Mayor Standley they would clean up thoroughly after the bonfire.
Councilwoman Johnston moved to approve the use of theRia Grande for Friday, September
19, for the bonfire; seconded by Councilwoman Pedersen. All in favor, motion car~i~d.
~, C~f~- Conceptual SUbdiViSio,n Review ~.
B1 ane, City/County Planner. reminded Council that the. applicant wanted assurance
about the club house. Kane told Council that Calahan intended to use Benedict's
house as a club house, and as it stands that is rtot a permitted use in the R-l5 zone;
however, it would be permitted in RR.' Kane said the'planning office would support
a proposal to rezone the property to RR. RR is a lower density, but does permit a
number of recreational uses. Kane read the list of permitted uses in the ~R zone.
Benedict pointed out that this facility would be a dining room rather than a restaurant.
Councilwoman Johnston said it was her ~nderstanding that this was to be a private club
facility for members and guests only. Kane said he had envisioned it that way also.
Ji.m Moran, representing the applicants, to'ld Council that services to club members
. would i.nclude being able to eat th()re and drinkther'e.' Councilwornan>'Pedersen asked
what the hours for this club house would 'be. Moran said this was hard to determine;
it 'depended on when members wanted tennis privileges. Moran said he could anticipate
.a.narrow time when a meal could be obtained, and a t~m~ range on either side where
members could get soup and a sandwich. Moran pointed out that club facilities, in orderl
to, support themselves, had to have some servi~es aVailable~
Moran told Council there would be a licensing problem wi.th the state. Club licenses
are available to either an affiliate of a national organization,. or to a club that
,has been in existense for five years and collected dues from members for five years.
Moran said this clubhouse could either apply for a regular liquor, license, or remain
unlicensed and the facility would not have title to liquor and would not sell a drink.
Moran wanted Council to be'aware that a club facility which excludes the general public
creates a licensing problem. Moran told Council this because there has been expressed
'a desire on the part of the Council, the P & z, and the developer- that this area not
be a public restaurant and bar but be a membership club. This facility should also
be private membership rather than public because it will generate less traffic.
Moran told Council the applicant wanted Council to understand that this facility would
.be run on a club basis with dining and drinking .facilities in' the clubhouse. Moran
told Council the licensing issue would be a problem later on, and he wanted Council to
be aware ,of this. Mayor Standley said the Council. did not have .the power to give
this project a liquor license that would be restrictive. The applicant would have to
present assurances to Council that t~ey would be restrictive.
t
City Attorney Stuller stated that it bothered her that ~he term "k~tchen facilities II
had been expanded into a restaurant, which would. give this a very .public and high
profile character. Dining hall and kitchen facilites have a much more limited use;
group feeding~ etc., was the intention of the 'definition. City AttorneY,Stuller
said this problem of definition was brOUght on by the applicant's broad interpretation
of the wording in the code. City Attorney Stuller said she did not think the City .
should compromise the land use consider~tions to accomnlodate the liquor license
requirements. Moran said he felt this definition was meant for a recreational club,
the type of golf or tennis recreational club.
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Stuller read the uses and said she envisioned large groups of people, sports activities;:
getting fed along with their acti.vities. Her interpretation was not a priva~e bar I:
and restaurant. Stuller told. the applicant she wanted the ,problem of definition an4 )
the liquor license to remain the pr,oblems of the applicants for them to resolve. il
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Planner Kane said he had not anticipated ~his project having a. liquor license but
rather being like the Smuggler and Aspen Raquet clubs where people could bring bottles
of wine and the kitch0n facili~ics were very low profile. KRne stated the idea of a
three-way liqu.or liccns0 ,,"'as bcyo"nd the scope of anything the pl<J.nning office had
discussed for this project.
!-loran asked what condition!'> Kane wus talking about that the planning of~ice would
attach to the RR zoni.ng. Kane answered the planning office' would not encourage a
thn.'c-w.:lY liquor licC'HsL' for thi.~~ project. K.U1C' confirmed thttt". the Council and
pL:lIlninq off.i.ce .V:<.l~; hilv.in\j a pruidl~l\\ l"I.'concililllj C'vcrytllin(J L!l;'lt is going to be
iJlvQlvL~J. in this site; Kulle ~)t;.\tc~d he did not: hav(~ a problem with zoning the site RR.
t-toran a~;k('d wildt tht~ tel Hi "fh'cJ:eation club" mc.'iHl:', this is a condition, u~;(' in the RR
7.011('. Mor<:ln il:;kcd if: "u'(',f."e..ltiofhlJ cluh" mc'ant Whilt Ul(" i1pplicunt hold ctlvi:;ioncd this
,facili.ty ~l:';, 01- if Uj('! COllllCil hdd al1()th~'l: ucfinilioll in mind." K':lJjc. ~;<l.i.d h(' felt
"rL'cu";lLiolhl.l (~lub"~;I\(Hlld b(~ it plncf' whur'.e nh.~mJj(~r.-:; meL't, bt-i.ng their O\vn li.quor and
pL'l:hilpS, m(~als could b(~ l'r('p,ln"d its we'll.
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Special Meeting
Aspen City Council
September 11, ,1975
cou~~~~~~~ Parry said he envisioned th'i~'''~::';~~-l~~~'~:~':~-U:'~~d fac:~~~~:'~=-::ni~'~"1i
rooms; not as a YMCA camp. The Council was having trouble determining which facility I
they wanted.
Mayor Standley asked Fritz Benedict how many square feet were, in his house.. Benedict
answered about 4,000 square feet. Calahan told Council he did not think this would
be like typical country clubs where there is a lot of social activity. Andy Hecht
told Council that maybe when this project comes 'in for a liquor license, the Council
will find they cannot grant one. The applicant is asking, the Council to accept a
recreational club as outlined as a permitted use in the RRzon~.
Councilwoman Johnston agreed with Councilman Parry and stated she felt -it was nice for
people to have a club if they want that kind of experience. City Attorney ,Stuller told
'Council her constraint was looking: ,at the definition of"recreatio~al club" in the .code
and reconcile that with the Rural Residential zoning district. "Recreational club't as
outlined in the code, . "A building devoted to public~se i,ncluding such facilities as
~olf clubs, swimming pool clubhouse, tennis clubhouse, playground and play field
activity centers, or clubhouses and may include kitchen facilities, assembly halls,
meeting rooms and locker tacilities. II City Attorney. Stuller .pointed out that def5.nition
ha,s a totally different tone that a leisurely luxury 'club.
Mayor Standley disagreed and noted that golf country clubs are located in rural areas',
not commercial areas. The RR zone i~ compatible with a gqlf Club-type facility. Mayor
Standley also stated that bar and restaurant is a very logical element in any- type club.
City Attorney Stuller read the Rural Residential zone definition and told Council that
"recreational club" was a condi tional use and would have to, receive P & Z approval.
calahan told Council they planned to operate on a twelvemonth 'basis and were looking
for local support. Mqran told Council that the applicants were attempting to tell
Council as much about their contemplation of this facility right at the beginning to
avoid setbacks later~ Mayor Standley said that .if Calahan did not dedicate the road,
to the City and the.City ~id not acc~pt the road,.it is not il~egalto isolate the
liquor license by not giving public apcess. Mayor Standley said the City can'le~ve
the burden of proof On t.!:1e applicant ,tha't they have restric:ted this facility to members
before the Council would grant a liquor license..
Councilwoman, Pedersen stated she did not want to define bar-use at this .time and would
not favor any such definition. If the applicant wants a private club, people can have
their own locker for liquor. Hecht said that was fine, the applicant just wants to
know what the use is, that food is okay; liquor is okay.. Councilwoman Pedersen stated
that if this facility were to be a clubhouse for members, fine; but if it were to be
a cOlI}Irlercial venture,' she obj ected strong,ly.
for conceptual sUbdivision'L
34 units; 20 townhouses, :1
acre site. The. applicant i
The planning offic~
Kane reviewed this project, telling Council this was a proposal
The applicants have sought recognition of the ,proposed deJJlSity,
10 sing,le family dwellings and 2 duplex units. This is on a 25
also wants recognition of the circulation system of the layout.
recommends that the conceptual supdivision be given approval.
Councilwoman Johnston mOVed that the conceptual subdivi.siOl!l.cfor Calahan be approved;
seconded by Councilwoman Peder$e~~
city Manager Mahoney stated that the difference between private and public is not
relevant until the Council knows what the terms are. pri~tte and Public is strictly
monetary~ It could be $3,000 to joih or it could be $30: there could be some other
form of restriction.
All in favor, motion carried.
Councilwoman Johnston moved to adjourn the special meeting at 7:45 p.m.; seconded by
Councilman Parry. All in favor, motion carried.
J! a-He' ).J li;AZ;
K~ S. BtSu'ter, City Clerk
Regular Meeting
Aspen City Council
1975"
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September 22,
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Mayor Standley called the'meeting to order at 5:09 p.m. wittfi: Councilmembers Bchre~dt,
Johnston, Parry, Wishart, City.Manager Mahoney and 9i~y Atttmrncy Stuller present.
MINUTES
Councilman Wishurt moved to approve the minutes of
Council rncet:ingsi sccond(~d by Councilman Behrendt.
counci.lwonlun Pedersen cymc into Council Chambers.
August J5)und September 8, 1975,
All in .D_41vor, motion ca.rried.
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Councj Iman Behrendt moved to approve the accounts puyableffiDr Septcmberiseconacd by
Councilman Parry.
COlltlc:-ilwOllliln .Johnston qucGtioncd the $6,000 ,cxpenditun.~ Jar Colorado Division of High-
ways. Hayor Standley ~iaid that. was the C.ityl~ slHlxe, for tlm ll.:l.lpcrin study, .and is
an :cncUmbr<:111C'l~, has not yet been spent. Councilwom.:m ,lohmt!ort ulso quc.Gtioned the
golf cour~;c construction under land imprOVCIH(~nt instead of .rccrc.:ation. M':lyor Standley
an:.~wer('cl that the golf cours6 was Loughtout of six.th pen~ilnd the improvements were
under sixth penny. '
All inf~vor, motion carried.
Meeting
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Councilman' Parry said he envisioned this as
rOOmSiJlot asCl YMCA camp. The Council was
they wan t€;d.
Mayor Standley asked Pritz Benedict how ma~y square feet were in his house~ Benedict
answered about 4,000 square, feet. Calahan tqld Council he did not think. this wou.ld
be like, typical country clubs' where there: "is a lot of;'soc;ial ,activity. Andy'Hecht
told Council that maybe when' this project:. comes in for a liquor license, the Council
will find they cannot grant one. The applicant"iscasking the Council to accept a
recreational club as outlined as a permitted use in"',the RR zone~
. . .. . , ,
a' really nice facility, nice dining
having trouble determining which faCility
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Councilwoman Johnston agreed wi thCouncilman Parryandstated>shefelt it was nice f,or
'people to have a club if they want that kind of experience. CityAt~orneyStuller told
Council her constraint was looking at the definition 6f"~ecreational club" in the code
and reconcile that with the Rural Residential ,zoning district. . "Recreational club" as
outlined in the code, "A building devoted to pUblic use including such facilities as
golf clubs, swimming pool cl~bhou~e, tennis clubhouse, playground and 'play field
activity centers"or clubhouses and may include kitchen facilities, assembly halls,
meeting rooms and locker facilities." City Attornt;y Stuller pointed out that definition
has a totally different tone that a leisurely luxury.club. . .
Mayor Standley disagreed and noted that golf country clubs are located in rural areas,
not commercial areas. The RR zone is compatible with a'golf club-type facility. Mayor
Standley also stated that bar and restaurant is a very logical element in any type club.
City Attorney Stuller read t-he Rural Residential zone definition and told Council that
"recreational club" was a conditional Use and would 'have to receive P & Z approval.
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Calahan told Council they planned'to operate on a twelve month basis and'werelooking
for loca,l support. Moran told.' Council that the applicants were attempting' to tell
Council as much about. their contemplation of this facility right at the beginning to
avoid setbacks later. Mayor Standley said that if Calahan did not 'dedicate the road
to the City and theCi~Y\4id not accept the road, it is not illegal to isolate the
liquor license by not giving public access. . Mayqr Standley said the City can leave
the burden of proof on the'applicant that they' have restricted ,this facility to members
before the Council would. grant a liquor license.
Councilwoman Pedersen s'tatedshe did not want to define bar....use at thi's time and would
not favor any sucl1defin'itlon. . If the ,applicant 'wants a private club, people can have
their own locker for liquor. Hecht said,thatwas fine, the applicant just wants to
know what the use is, that foodisokay;,liquqr is okay. Councilwoman Pedersen stated
that if this facility were to be a clubhouse for'members, fine; but 'ifit.were to be
a commercial venture, sheobject~d strongly.
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Kane reviewed this project, telling Council this was a: proposal
The applicants have sought recognition of the propo.sed density,
~Osinqle family dwellings and 2 duplex units. This is on a_25
also wants recognltlon Or tnec~rculatlon: system of' 'the' layout~
recornrnendsthat the conceptual subdivision be given approval.
for conceptual subdivision,.
34 units; 20 townhouses, f
acre slte. The appilcant i
The p~anning office
v
Councilwoman Johnston moved that the conceptual subdivision for Calahan be approved;
seconded by Councilwoman Pedersen.
City Manager Mahoney stated that
relevant until the Council knows
monetary. It could be $3,000 to
form of restriction.
the differencecbetween private and public is not
what the terms are. Private and Public is strictly
jo~n or it could be $30; there could be some other
All in ,favor, motion carriede
/,
Councilwoman Johnston moved :to adjourn the special meeting at 7:45 p.m.; seconded by
Councilman Parry. All in favor, motion ca~ried.
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S. Hauter, City
"J!cur'^< ')
Ka~
Clerk
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1975"
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Regular Meeting
Aspen City Council
September 22,
Mayor Standley called th~ rneetingto .order~~t 5:09 p.m. with Councilmernbers Behrendt,
Johnston, Parry, Wishart, City' ~lanagerMahoney and City Attorney Stuller present a
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MINU1'ES
'Councilman Wishart moved to approve the minutes of
CO,uncil meetings; seconded by Councilman Behrendt.
Councilwoman Pcders~n came into Council Chambers.
August 25 and SeptemberS r 19'75,
All in favor, motion carried.
ACCOUNTS PAYABLE
Cotlnci lm,,1'\ H':'hrcndt movecl to approve thcaccountspnyable for September; seconded by
t:OLlllCiJ.r.\d,11 P:I":.'r.y,'
'::<';
Counei lWO!'I;:1n ,:0hn~;tun qu('s'tJoncd the $1)',000 0.>:,pund.i:tllrc for Colorado-Division of High-
W<lYS. t-id'/:'r.. ~,t.'::\TIdl('y- ::~.:l.id:-,thH,t\;;i,\::: thc,CJty':;~:;h.:~ru tnr t.hollalpcroin study, alld if;
.:iu:'CrlCUnI;"T .' har: 'not. ,yet b':,:-c'n !j~'/~l\L~,..:L'oun('i,.1womi.ln .John:::;ton'also qUC'stJOlI','u the
golf' {,:'OU1:;.... ;,;oflstruct.H.mundL'1:1~lndimpr9v("I1K'tlt irist,c.:lc.loI; t'cC'rc.J.tion. H.,lyor St.Jlldluy
answered that,-thcgolf co\).rse.;w<.lS bought out of sixth: penny and, the improvements were
under sixth penny.
A'li'in favor,
carried.
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Planning Office
9-'1-75 '
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CALLAHAN SUBDIVISION DENSITY CALCULATIONS
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TOTAL Gross Area Project
Less Area of Lots (13)
25.00 acres
<~ 6.00 - 8.60 acres
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Less Land Under Water (Roaring Fork River area)
16.40 acres
.72 acres
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15.68 acres
Less Lake Area north of River
2.00 acres
.:'.
.13.68 acres
'Less Office and Parking
, ",2.00 acres
11 . 68 acres
Less Tennis, Squash, etc.
5.00 acres
'@'"
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6.68 acres
Area north of River-Club House & Parking
@ !OT~L AREAFOR ~OWN.HOUSE AL:OCATION
"",' ",:" -,:. ". ", ,'" ,;.,,'\'f ',,",
3.22 acres
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3.46 acres
r. ()h~
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'I. of,> )( '(3$':~ =ii;1?E>} &"5:4
3.46 acres x 43,560 sq. ft. = 150,717.6 sq. ft.
at
10,000 sq.ft. per density unit = 15 Townhouse Units
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Regular Nceting
Aspon City Council
September 8 1975
Council reces~ed for fifteen minutes. Mayor Standley was absent from Council Chambers.
ORDINANCE #56, SERIES OF 1975 -'Monies from pitkin County to Plann'ing Office
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Councilman Behrendt opened the publTchcaring ~ 'l'hcrewere no conuncnts. Councilman
Behrendt closed the public henring.
Councilwoman Johnstonrnovedto read Ordinance'i56, Ser.les of '1975; .seconded byCbuncil-
woman Pedersen. All infavor,.rnotion carried.
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ORDINANCE #56
(Series of 1975)
AN ORDINANCE RECOGNIZING RECEIPT OF $111,371.00 FROM PITKIN COUNTY AND
FEDERAL GHANT REVENUE IN 1'IIE AMOUNT OF $3,000.00 (HUb 701 FUNDS); AND
APPROPRIATING 'rIlE $111,371.00 FOR OPERATION OF THE CITY-COUNTY PLANNING
OFFICE, AND 'l'IIE $3,000.00 FOR TIlE HOuSING AND LAND USE INVENTOlW was
read by the city clerk.
Councilwoman Pedersen rnovedto adapt Ordinance #56, Series of 1975~ ~n second reading;
secendedby Councilwoman Johnston. All in favor, ,motion carried.
CITY MANAGER
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Expiration of building permits. City Manager Mahoney addressed the issue of excavation
j holes around' the city:'.,d,th no apparent progress being made. Mahoney told Coullcil he
j felt the City needed t,o follo\., Building Inspector Meyring's reccmmendation to encourage
i a certain percentage of completion on tho building. Counc,ilrnanParry suggested this
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I could be subject to review in case . someone had problems like .weathe'r i shortage of.
1 materials. ' .
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Meyrihg reminded Council the way the building code is stated now, a builder has to ~do'
some ki.ndef work every 120, days to keep"the building p<;;rmitactive. Councilman
Behrendt agreed with Meyring's suggesti.ontouse a percentage, but felt the figure
ought to be more substantial than 10 per cent every 120 days. Meyring told Council he
had figured that lOper cent every 120 days would take approximately 3~years to
complete a building.
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I,;,,' Copncil asked the City Attorney to get with the Building Inspector andd~aft
n tightening the building permit expiration date~ Council also indicated they
Ij percentage of completion should be higher than 10 per c:ent.
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an ordinance
felt the
Councilwoman Pedersen questioned the barricades around buildings protruding into the
streets.. CouncihlOmanpedersen stated these took up parking, spac'es and hindered traffic.
Councilwoman Pedersen asked if these barricades could not be addressed in the same'
ordinance. Meyr.ing told Council the building code requirestl;1e builder to put up a
protective fence and does permit them to use some part ,of' the right-of-way. Councilwoman
Pedersen said she would li.keto have a'provision in ,the ordinance when a builder has
completed the required percentage, tpey have to take the barricade down or mOve it to
the edge of the construction site.
City/County Health Officer Report. Robert Nelson reported to Council 'on, the wat,er
quality monitoring program. Nelson told Council that COGs program was primarily for
water quality, but they were sett.ing aside a certain portion ot: the funds for air
quality monitoring in Aspen. The State is going to.provide funds to. purchase a
carbon' monoxide analysis for a 24-no9r' a ~ayread ~ut in tne core area of.Aspen.
Nelson said with this machine and with the help of the state health department, his office
would be ableto~correlate data and develop a working model of the Roaring Fork Valley
withrcgard to air quality and the impacts of development and also thei~pacts of the
automobile.
Nelson told Council that COG i.sfinalizlng their 208 workprog,ram. Planner Bill Kane
will also be getting funding under this program to develop long range plans with
regard to environmental impact of development. The furidingfor the health department
and planning department is a joint project.
Request for do1tm zoninq study session.. City ManClger Mahoney told Council that Mayor
Standley had directed ,.tl)e administrat.ion ,to correspond to. this issue in memoranQums
tethe Council and to come up with a plan.'
c..a-rrahanSubdiv~:. pl,anner Bill Kane told Council' this subdivision had' 'receive(j
~ptuaT'approval. .from thcP & Z and. Kane 'would like to set a study ses!".ion for
Council to go over this project, anc.l then sc.~t a special meeting to, consider t.he
conceptual subdivision. The. study session was set for 'l'uesday, Scpt:-cmber 9 ilt 6: 00
ORDINIINCl': #58, SERIES OF 1975 - Colorado Day a~ Holiday
p.m.
City A{torney explained.to JCbuncilthis ordinance ch.:ll"lgcd one of. the City's legal hel idays
from Veteran I SD':,lY in Nov'crriberto;Colorado"DayinAugust. This would sp~ead . the holidays
more evenly.. Cit.y ^ttOrlwy Stullc.r. SU':fgC:"tcd' put"ting office secondrc..:tding of thJ 5
ordinanc<.~so th<11~ Ci.,ty,II::Lll cmploYQC'p would not losh. Veteran I s Day holiday this year.
~ M.:J.yor Standlcycamc.back to'Counc,ilChambc.rs..
'jl
Councilwom;m Johnstonm.ove tdrcad Ordinance #58, Seri.es' of 1975; seconded' byCouncilwonlun
PederSl'n. All in favor motion,carried.
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RECORD OF PROCEEDINGS
100 Leaves
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Special Heeting
Planning and Zoning Corr..m:i.ssion
September 4, 197~,
Meeting re-opened by Chairman Jenkins at
Roger Hunt, Pat Dobie and Chick Collins.
Kane of the Planning Office.
5:10 p.m. with members Brian Goodheim,
Also ,present were Hal Clark and Bill
Present for Callahan (Benedict) Subdivision are An~rew Hecht,
attorney, Fritz Benedict, Pat Maddaloneand Paul Kutik.
Otte arrives.
Kane noted that the site was unique but that the issue was density
The Planning Office felt that there was an overuse of the land
possible and also pointed out that applicant was trying to use
land under water that was not permitted by the Zoning Code (Sectio
24-2.6). Planning Office calculated only l5 townhouses permitted
instead of the 25 Benedict was asking for. Planning had calculate
out of a total of l6.40 acres, it would be min'us .72 for land
under water (Roaring Fork River) ; less lake area of 2.00 acres;
minus less office and parking 2.00 acres; less tennis, squash, etc
less area north of river (clubhouse & parking) 3;22 for a total
adjysted area of 3.46 acres for the townhouses.
Hecht and his clients felt that they couldn't economically
adjust to the reduced density and bargained to remove one
townhouse (of four units) plus one single family house and moving
another single family lot across the road from the"lake.
>:otion
Hunt moved to approve the Callahan Subdivision for conceptual
Subdivision and preliminary outline development plan conditional
upon the elimination of four townhouse units adjacent to the lake
and a single family adjacent to the lake and the single family
lot moved across the road, that the open area and parking be
integrated more positively to become more contiguous, and that
the parking imprint on the land peminimized by underground
parking. Otte seccnded. All in favor, except for Collins who
voted nay. Motion carried.
Goodheim moved to adjourn with ilunt seconding. All in favor,
meeting adjourned at 7:30 p.m.
Susan B. ~rnith, Deputy City Clerk
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BENEDICT ASSOCIATES ~RPORATED
~;eptember 4, 1975
CAL~~ DENSITY CALCULATIONS
APPLICANT PLANNING OFFICE
Balance Assigned
Acres Acres Acres Acres
Total Gross Area 25.000 Ac
Less Lake (2.010) 2.00
Less River ( .720) ,.72
Less Office & Parking (1. 678) 2.00*
Less Tennis, Squash (5.264 ) 5.00
l5. 328
Future Benedict Residence
2.223
Required for Lots
15,000$ x 13 ~ 195,000~
4.476
(6.699)
8.60
8.629
Alternate Clubhouse
(1. 560)
3.22
7.069
Required for Townhouses
lO,OOO~ x 27 ~ 270,000$
(6.l98)
3.46
.87l*
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25.00 Ac
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PM:gg
Planning Office
9-2-75
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CALLAHAN SUBDIVISION DENSITY CALCULATIONS
TOTAL Gross Area Project
Less Area of Lots (13
25.00 acres
8.60 acres
Less Land Under Water (Roaring Fork River area) -..:.l1 acres
16.40 acres
15.68 acres
Less Lake Area north of River
2.00 acres
13.68 acres
Less Offi ceand Parking
2.00 acres
11 .68 acres
Less Tennis, Squash, etc.
5.00 acres
6.68 acres
L,ess Area north of River-Club House & Parking 3.22 acres
TOTAL AREA FOR TOWNHOUSE ALLOCATION ----------------- 3.46 acres
3.46 acres x 43,560 sq.ft. = 150,717.6 sq.ft.
at
10,000 sq.ft. per density unit = 15 Townhouse Units
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CALLAHAN
LQcation:
Program:
Access:
\'later:
Sewer:
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August 28, 1975
SU~~RY FOR CONCEPTUAL SUBDIVISION
AND
OUTLINE FOR DEVELOPMENT PUD
The proposed project is located in Riverside Placer (18.66
acres) in the City of Aspen,
Petition for annexation of an additional 6.33 acres was filed
with City Council on July 7, 1975.
Total acreage in this application would be 25 acres.
Original Application
12 Single Family Lots
5 Duplex Lots
36 Townhouses
4 Employee Units
1 Residence and Guest House
Clubhouse (existing
Benedict House)
Amended Application
11 Single Family Lots
1 Duplex Lot
27 Townhouses
To be determined by P & z
Clubhouse
( ,f ('.{d)r'Alc~;/WD (., /fesT lH'foSe
C; 2 'f<;:f4(
Recreation Facilities
2 Indoor Tennis Courts
8 Outdoor Tennis Courts
I Swimming Pool, Indoor-Outdoor
Saunda, Dressing Rooms ~,d
Support Facilities.
Recreation Facilities
2 Indoor Tennis Courts
8 Outdoor Tennis Courts
I Swimming Pool, Indoor-Outdoor
Sauna, Dressing Rooms and
Support Facilities.
Directly from Highway 82. Internal circulation would be on one-
way roads.
City water available from eight inch main, which loops through
property.
Property is within the Metro Sanitation District; existing mains
border tract.
Electricity: Holy Cross serves this area with distribution line of 14.4 KV
single phase on the property. Three phase is located immediately
adjacent along Highway 82.
Phasing:
It is anticipated that the conStruction will be phased over a
three- to five-year period.
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Summary for Concept~ 'Subdivision
August 28, 1975
Page two
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Intent:
I strongly believe that this plan expresses a development that is
in harmony with the character of the land as well as compatible
with the neighborhood.
The single family lots on the northern boundaries buffer the houses
in the existing Riverside Subdivision, with a lower density than that
now prevailing in the Riverside area. The heavy tree cover will
provide privacy for the individual owners and will also screen the
development from Riverside Drive and Highway 82.
The townhouse area is bordered on the north by the lake and on the
south by the river. Siting towards the south will take advantage
of passive solar heat and the view of Independence. Most of the
insulated glass areas will be concentrated on the south side.
Common walls will conserve fuel.
The clubhouse faces the river, with recreation facilities on the
opposite bank. It is intended with this plan to change the view
of the lake from Highway 82 and from the bike path as little as
possible. Because of existing tre,es, buildings on the plan should
be screened from this view.
An integral part of this particular plan, is a scenic walking and
bicycle path, accessible to the public from Ute Avenue and Highway
82, with views of lake and river and providing an important link
in the commuter trail system, connecting the City with areas east
of town, much of Riverside, Aspen Grove, Mountain Valley, etc.
?~~
Fredric A. Benedict
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ASPEN/PITKIN PLANNING DEPARTMENT
130 South Galena Street
Aspen, Colorado 81611
MEMORANDUM
TO: Aspen Planning & Zoning Commission
FROM: Planning Staff (HC)
RE: Callahan Subdivision (Benedict)
DATE: August 28, 1975
This is a request for Conceptual Subdivision and Outline Development Plan
approval for theCaHahan Subdivision consisting of 25 acres of land.
A site inspection of the property is scheduled for 5:00 P.M. leaving
from City Hall. On return from the site, further!discu5sion of ,the project
wi th the appl i cant will continue .
At the recommendation ,of the Planning and Zoning Commission at your
July 15, 1975 meeti ng, the pl ann; ng offi ce has met with the app 1 i cant
on numerous occasions to discuss this project. ~1any design changes
to the proposal have occured. As of the Wednesday, 5:00 P.M. agenda
deadline" nO,revised drawings of the plil,n have been submitted to the
Planning Office. We understand (hese revisions will be presented by
the applicant at ,the Planning and Zoning meeting.
The general comments Of the Planning Office at this time are as follows:
1. Beneqict has applied to Council for annexation of
the, two parcel s, thus we mayproceed to review the
application.
2. No offi cia 1 determi na ti on has been made by the Ci ty
Attorney as to lega 1 i ty of recreati on c1 ub in R-15
zone. It appears to be acceptable as part of a PUD
project.
3. The present Benedict Office Building is a non-conform-
ing use and as such it is difficult to apportion
proper land requirements for such use.
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MEMORANDUM
Callahan Subdivision
August 28, 1975
Page Two
4. The tennis facilities constitute a major traffic
generatorwhi cll affects pe,ak summer traffi c im-
pacts in the area. This impact is difficult to
determine as it relates to the ultimate success
of the facility. The attractiveness of the
physical location and facilities indicates a
possible national tennis tournament appeal with
resultant traffic congesti on.
5. A new trai 1 al ignment has been pr;oposed by the
applicant Which appears to be a feasible alternative
to the original location to the west of the
property.
6. Road access must be by Hi ghway 82. Co 11 ector
service road may be one-way with the concurrance
of the City Engineer and Planning Office.
7. The parking area, has been redesigned for less
visual impact. We should consider reducing
the parki ng requi rements to promote service by
bus or limousine transit.
8. The density of the townhouse units should be ad-
justed to land area which directly relates to
the townhouses excluding the private subdivided
lots, the tennis facilities and office buildings.
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August 19, 1975
Ms. Pat Maddalone
clo Benedict & Associates
P. o. Box 40 '
ASpen, Colorado 81611 ,
Re: Callahan Annexation
near Pat:
We are postponing introduction of an ordinance to
effectuate the annexations needed to finalize the Callahan
Subdivision inaSllluch as (as evidenced by the City Council's
reaction last time) annexation appX'ovalseems to hinge on
the acceptabiU.ty of the subdivision appX'oval.
If you would like us to proceed in advance of sub-
division review, please so advise. othe;r:wise,:1 will wait
until the P & Z minutes reflect same consensus on the
acceptability of youX' proposal befoX'e I intX'oduce yom:
annexation ordinance for first reading.
Very truly yours,
Sandra M. Stuller
City Attorney
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CITY." ..OE\:/~S PEN
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MEMO:
BILL KANE
FROM:
.,/
MICK MAHONEY ...
RE:
AUGUST 5, 1975
MEETING W/FRITZ BENEDICT
DATE:
Fritz met with me last week on his property near the
Gant Condos. Previous to this, Fritz, Stacy and I
had discussed possibilities of this site. Fritz had
some wild schemes including tennis courts and a lot
of other peripheral developments. At the time, I
asked him if he could provide simple lots in the
25,000 to $35,000 category for locals without all the
, crap.
I think he's been able to do so on this site and remain
within his zoning restrictions. There are lots within
the $25,000 to $35,000 price range. Some of them would
be duplexes which would further reduce the entry costs.
Additionally, he has approximately eight courtyard
sites which could go for $15,000 land cost. The court
complexes could be regulated by the County Housing Director
to insure some employee housing. The rest could be sold
and added to our supply of family employment.
Hopefully, this project will interest you.
ccg
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RECORD OF PROCEEDINGS
100 Leaves
.:eau1ar ~leetin'a
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July l5, 1975
.... ,......... ".......................
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Planning and Zoning Commission
3/40, cont'd problem is not severe. Mojo also noted that applicant docs have
a parking lot but has agreed to convey it to the condominiums
below. Mojo asked that if approv~l is given, three provisions
be included: ,l) transfer to the Durant Condominiums the parking
'lot in fee simple: 2) .there be a trail easement dedication; 3)
that applicant be the ultimate developer on the lot. Hibberd
noted that he has an emergency access but it is closed off during
the winter. It is a 40% slope but the ground is st3ble and he has
had Chin and Associates investigate to make sure. Jenkins asked
Ellis to co::unent but Ellis said he had not seen the property
but engineering-wise he felt it Was possible to build on t.he
slope. Abbott. asked how the volunteer fire department felt about
it and Hibberd said that Chief Clapper felt it ,,,ouldn' t be any
harder than getting to the 5th Avenue' s. Mojo said th"t ,,'ha t. they
had to look at was: sufficient water pressure, were there 3deCJc:ate
roads for fire, road, maintenance, etc. Mojo said they probably
should get some imput from the Fire Marshall on that. Also they
should look at suitability of ground (mud flows, avalanche
potential), Watershed problems and accessibility.
Jenkins said that they had done an on-site inspection before and
feelings had been at the time th3t it WaS too steep. Hibberd
said that they .....ould h.'1ve exits on all l('~vC'l~:; \,:i'th ad(;>qU~ltc~ \.o,',lter
access to the house. !It). noted that hI;> h.HI 'l.h-,'~':1 cut r),lc:k by th,.~
zoning code 3nd at 16 units, Chief CIa,'p,>': ;1.:1<: s:tiel it. wouI,,,,'t
bca 'probler:1. Goodhcim was conc0rned C)v(~r th..)' sno'...; pr()vidc~d !~ot"
'skis'and Hibberd noted that the road would bt~ on l~lC nor~h si~c
where there would be a buildup of snow.
:::>tion
.spen Savings
_::>an
Lion
._:~~
v
Hunt moved to approve the review condition(ll that soil eras inn
and vegetation replacement be restored to t!10 pr(~scntor b0t:t(~r
condition, the property that is a parkinq lot b..' 'liven t.n th,'
Durant Condominiums in fee simple, trail. easc':':"'.(~nt (If'dietition bL~
given, this be the ultimate development on the' pL'op,~rty anc! no
impediments on the ski trail. Collins seconded. All in favor,
except for Abbott, who voted nay. Motion carried.
&Rane reminded members that at last meeting they had discussed the
appropriateness of a Savings and Loan as a permitted use in t.he
comlnercial zone. Since then they have received a lett.er from
Dick Heeker wi thdrawing the. request to have " dl' i ve up wi nc!m'l.
Jenkins explained that they. did approve Heal Es.t3te offices a,;
pCl.mittcd but left S &L's as condit:ioIL,ll. O-offic(' d,.<~iqn'd iO:1
does permit Real Estate offices by right but S & L is conditinna1
and they havc' t.o be revic""cd by P & 7.. Till:; i:; :Jl:-,o for C():)c.>')Lu,,]
subdivisiori. Goodheimaskcd if. this "'ould be i1 c'ondo::linil..l::l u;-:'it
also \<li-th K~lnC' roply inq in the a ff irm.:1 tive. ..Jenk.i n~) ~-;'..l i d t:l,l t;
th"eir hesit"ti()l) W(lS wiLh Cjc:1Crating morealltOl; int.o the core "1'>.'(1
but they had either been zoned 01' mal1ed out of nh'''~ 'll'e''''. 1'~"1\'>
noted that ~heir n\:tjor objccLion !wd been the full :;",'\'i("(' ";th it
more retail -in char.:l,cter but \o.'it~\ t.ht:-ir withdr.lv.';l'l of th(' rf'n\:('~;t
for t!)(-. driv(~ up "'indo',..', thv i'],:tnninq ()~fjc\.' '\,0,;,1:; :<It i~'~ i.'<::. .
Hunt r:o\'C'd to ..rc....cor".:;l(.%Hl to COllnci 1'" th,"lt tht.,/ (::',1r:t t~~'.''':':l :. '\'.": ".':
ill)(l LO.:Jn concc'pti1al !all)divif~ion "lndt.hat the P (. i~ ~p:.....H\t con(.~iti()n"
al use for them. Go()(Hv'.im scco%1:d,-'c.l. l\ll in favo}", mot ion C~\rri.l'<1.
Architects Fritz Benedict and Pat ~l<,ddalone rt'prescntcd the
rC<)lIcGt. ,(aile noted th(lt thi!> Wa5 for Outline Devcloj"llent Plan
and conceptual suhdivif~ion. Kane said i.t would bl' il mi xf'd ll~',('>
011 the Henedict property. Killle felt it in(lppropl'ialc for the
p f, Z to di!;ClllOS unt.il the two propertien who:;e illlllt'xatioll l",ti,-
tion!) had bee'n ~.lllJ:nitt-f'd to Council., Wl"r(~ il(.C('~lt"{1 by ('()l.lne) 1.
Lnr;j:. niqht'!jCoutlcil h,Jd t.:.thlcdtht" pptition~; )H'(~,-Hl~;(' no nIlI' h.,HI
. > '
been there to represpntlhe pro)(~ct. Kanp ill no 1,-('1 ;\t,'(l t h,"l t t h~'"
it
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cont'd Mayor had felt anne~ation for recreational purposes was not
legitimate. Pat Naddalone explained that City Attorney Stuller
,'had said that theY... wouldn' tneed to be there since' it would be just
a matter of Council accepting the petitions. Mojo showed the
area which would encompass the ,east end of town and Riverside
subdivision - next to Van Horn. It is zoned R-l5 m<>ndatory PUD.
Benedict noted that he, and Fred Larkin owned the land that is next.
to BUI land and near Shimer's . property . He presently has an
office and a house on the' north side of the river. He said in
"order to sell the hOUSe, he would have ,to subdivide since it is
on 1.8. acres. Dee Brown had suggested to him to make the open
land into a clubhouse with up to 10 tennis courts, several of
'which would be roofed over to the County land next to it with
some units around and single family lots. The road would loop
around the clubhouse with parking for the tennis players below.
There is an existing.foot bridge which would be the entrance
to the clubhouse and they would con,trol traffic with one entrance.
,.Ms. Madda1one. said that the annexation proposal is for four 'icres
with parking in the county land. They would like to have 12 SF
lots, five duplexes (10 units), 36 townhouses (two or three bedroom
four employee units and the Benedict house and guest house (SF).
Jenkins questioned the density which Kane said was based on 10,000
sq'ft per <:luplex on R-l5 so they coul<:l have a potential 8l units.
Maddalone said that they had had excess density before and since
Benedict was splitting the land with Larkin which was isolated
from Calderwood by the bridge, if they transfer 10 units per acre,
these could be u'sed for employee housing to be under the Housing
Authority. Benedict said thi'lt Planning had some objection because
of'the additional traffic on the highway but he felt it wouldn't
be a,problem because the people going to the tennis courts would,
be on the west side. Rane noted that he and City 'Attorney S~uller
had discussed cornmercialtennis courts in the R-l5 open recreation
zone with Ms. Stuller feeling that only tennis courts adjacent
to a residential home would be allowed. Maddalone felt that RR
allows recreational uses (which half of the property was on)and
since council or someOne had changed the property to RR they must
be acceptable. Ratte's, point was that the area would be busy and
dense for R-15 and it would be generating more cars as 'a commercial
area. Benedict objected to. it being termed commercial but Mojo
.said that beciluse of the intensity of the courts, they must be
planning on it being a money generator. Benedict questioned if
they would feDl better if they had less courts? Mojo explained
that the objection was to townhouse where p'eop1e would not have
'" the open space like the SF lots ,whose owners would have the
property in fce simple. Benedict said that they had appr.oved .
the Wcdum!Hyman project which was only 2~iacr.es with a slope
negating the open space. Rane noted that they had liked the first
plan of Benedict's better where there were SF lots around the lake
and now he felt that they had gone to the other extreme. Benedict
wanted a higher density and ,,'auld like to inc:t.ude: swinuning for
such areas as Aspen Alps. Jcn}:ins summarized that they had two
pr"blems: commercial operations which technicallY arc okay in
the zoning buL will be a traffic generator. He questioned whether
the road could handle it and if it c0uldn't is the design or .
volume in keeping with the code? Hunt felt that the parking area
footprint was huge but Understood that the code requires 300 sq
ft. per car.. Je.nkins felt that the plans showed poor graphics and
it '~as difficult to ev,~luate. the impact..
Collins moved to table the project for two weeks and Benedict
was t.o work with Kane on the problems brought up at this meeting.
Hunt sccond",d. 1111 in, favor, mot.ion carried.
Kane questioned whether they wouldn't want to table the project
and put it on the top of the a'genda for t.he' next meeting? Rick
f'errell, ,representative for the project, noted t.h;., t they had
voluntilrily chilng,cel their presentation on the agenel" untilt.hc
encl to allow for the [;maller projects to go through faster and
asked that they be ..1)o",'c<1 to givt., the presentati.on. ,Tenl,; 'IS .
:ruled that.' they wonld ,allow 10 minute/< since the m,~eting Wil!; late.
....~
f'crrQll noted that they had been changed
,24 t.o lG units because of the new code.
as under the old Clar.cndon and was zoned
on their density from
It wac tile same Aite
H-6 with mandatory PUD.
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MEMORANDUM
TO:
Aspen Planning and Zoning Commission
FROM:
Planning Staff
RE:
Callahan Subdivision
DATE:
July 10, 1975
This is a request by Fritz Benedict for conceptual subdivision
review and outline development plan approval for the Callahan
Subdivision consisting of 64 dwelling units (12 single-family
lots, five duplexes, 36 townhouses, four employee units and a
new Benedict residence and gUest house), and in addition, two
indoor tennis courts, eight outdoor tennis courts, two squash
and two handball courts, indoor-outdoor swimming pool, and
clubhouse facilities.
The project is zoned R-l5, Mandatory PUD except for 2+ acres
south of the river zQned RR. The land proposed to be annexed
to the city will be zoned R-15 at the homesite and RR at the
sport facility.
The comments of the planning office are as follows:
1. The Rural Residential zone requires two acres per
homesite and should be so designated.
The intent of the R-15 zone is for residential
purposes. A commercial tennis club is not an
allowed use in the R-15 zone. Tennis courts as
an accessory part of a private residential develop-
ment would be permitted.
2. The zoning allows 8l+ dwelling units on the property
(two acre lake and river areas not included in this
calculation).
3. The single-family lots are less than the required
15,000 square feet and should be restricted to
single-family lots only and part of the PUD.
4. Access to the tennis courts on the south side of
the river must not be allowed via Ute Avenue.
Practically speaking, it will be difficult to
enforce limits to access from the clubhouse area
only. In this respect it is important to determine
the projected use of the Benedict Office building
and its accessory parking spaces.
ARCHITECTS
PLANNERS
ENGINEERS
J
BOX 40
ASPEN 81611
COLORADO
(303) 925-3481
..
.
BENEDICT ASSOCIATES INCORPORATED.,
""'" ^
July 8, 1975
CALLAHAN SUBDIVISION STATISTICS
Location
,Acreage
North R-15
South R-R
Present City
l5.748
2.916
Proposed Annexation:
North 11.45" ~JL
South R-R
2.223
4.113
Total Acreage
Detail:
Present City Land:
North R-15
Less lake
15.748 Ac
(2.010)
13.738
685,982 S.F. 10,000 S.F. per unit =
South
R-R
2.916 Ac
127,020 S.F. f 87,120 S.F. per unit =
Proposed Annexation:
North R-l5 2.223 Ac
96,833 S.F. 10,000 S.F. per unit =
South R-R
4.113 Ac
179,162 S.F. 87,120 S.F. per unit =
II
l8.664
/
6.336
25.000 Ac
Density
68.5 Units
1.5 Units
70.0 Units
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9 S I1Ilits
2.0 Units
l1. 5 Units
81.5 Units
68.5 Units
1.S Units
9.5 Units
2.0 Units
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81. 5 Un it ~
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RECOROOF PROCEEDINGS
100 Leaves
Regular Heeting
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July 1, 1975
Motion
J
I.lotion
Notion
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Aspen Planning and Zoning
Hunt moved that real estate office be included in the permitte
use of 0 Office Zone, Seconded by .Jenkins. All in favor,
motion carried.
The third issue ,which is thc conditional use of the Aspen
Savings and Loan was discussed. Kane said, that the philosophy
of the b Office zone was that there r.;hould be of'f street
parkincl and it is broadly long term parking. Office space has
one hour or maybe two hour parking whicl1 attract.s cars to park
therefore it is low key low illt.(,nsity automobi le turnover u~e.
Kane felt that a drive up window invites traffice and may' cars
And that \:'ith a drive up window people would be taking their
cars to the institution just for that reason, therefore cre,ati.
more cars in the downtown area. If the' building has access
by parking outside and walking inside then people think
differently about the way they organize their trip and \oJill
spend the day downtO\oJn. A drivc up fac{lit.y would not encour-
age t1wt,' .
Mojo felt. 'that if ;,spen Savings and Loan turhed into a full
scale commercial institution, like it might have the ability
to do, people could have their savings and checking account
in one plAce and may pullbusine5s away from th0con~ercinl
. bunks and the CUBtOH\Cr would then have to use Uw ,.;i neIo,.; maybe
for lO minutes ill a time. Pat: Dalrymple;, reprC",,,'r-ti'n9 Aspen
Savings and Loan, said th"t if the Planning and Zoning felt
that the <Ire" already is "n automobile oriented ill'Cil; Jcnki n5
said that they don' t want the problem compound(:d.
J"enkins made il moti.on to approve the conditonal use of Savi1\Cjs
and Loan in the 0 Office Di 1; tr iet in the partieu ];n-SClV in') :';
and Loan District but that they do not inclulle or exclude the
drive up fi1eility and include in the pad,ing requirements the
specified zoning parking rc.quir(>I:H.tns for the use in tl.lca..r,cu.
Hunt said t,hilt he didn't like the ide.a of cOI:]!,l'?!.,]y shutting
theIn out; if the Comndfisi.on (h~(;Jd(~f: only p.-,r'k.iJl,:l lht'il in tile'!
future tli"t will ,;hul. out the posldbJit.y of the:" vv,'r h"",ing
a drive up \oJindow. J.lojo l'U','1)9vsted thilt if the Co;;ulIis,oion
votes down the cond Lioll.:1l use of the bu i J,ll ng t I'd t. A,;p..:n
Savin<js and LO':ln could come }Jilck ~ltld prc:-;l;l1L anol her ilrJoLll('l.-
dc~d.C:Jn of the buiJdin~1 and COInQ L)i"1ck fot" itlloth(.l," coudtiOB;t]
usc~. Ott:c sUCjgflsted th(lt~;.illCe, the PldTlldn'J <.10<.1 Zoni llC) I1,H1
tv:" VdC(HIC.ic~J that this bctCilbled since Lhey Vle're' tit.'d pr<.~tt:.y
much on the decision.
Dobie made <I motion to t.:1ble
until tIle two vac~nci0n wcr~
in ravor; Hunt w<lsopposcd.
the Aspen Savings alld Loan
fi 11<;g,' seconded by lIunt.
Ilotion Carried:
projcc:
All
Pilt Hilddalonc originCllly requ"I'ted th:tt the Callah.lIl Subdivil,;i'
be put on the- ilg"nd" for offieLd COI'C('[,tuill Subdi",i:;jon con-
sider~ltion.. It wd~:-;nttpo:';Bibl(~ bccalH.;e there a't~('porti()n!~
tbat ilrein the county; therefore, before any action is tdkell
the entire areil h<11; to bcl')ng to t.he City until thep,.tition
for 'anncxlltion hilS been initiaLed.
Frit.z Deneclict prcB('ntcd the Callah.:1n 'Subdivision ilnd st.:1t"d
thilt ill1 the' ]a)1~1 they arc ,intel:cstecl in \".". included in the
project. ''j"h" 7.oninq is' R-15,' 1\-5 anti H-20. H(~ introduc"d
I.ec~ Brown ".ho I,.,,; >'''''<l."::1 ed t.o Ilelledict th,; PO!;" ibili ty of
lu;in9the IttlHI for tf'IHlis court::;, h':llHHxlll, ~;qudt:,h, .:\nd
Btedm~kith ~:l1u"'/l;!r:.;. Urown \>,'c)uJ.....l lj ke to fi(~e tIll} f..l\'-=il,i ty U[';('(] ,I'
..
<If; a fiin<.J{e type facility bUt st.i II h"ve it opell'to the public
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"'"""Aspen Planning and'Zonin~/1/75
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Callahan
subdivision
Cont'd
J
Kane said that the County hasn't had a chance to investigate
the land toothroughlyand felt that the zones ,,'hich need
consideration for right of way wouldn't be much of a prob1c>m;
however, there may be sonte objection that being thC'rc may have
to be an offici<'ll e'lsement and there m<:lY not b<' enough room
within ,existing right of way for the street to do it. J\arw
also said that the ueuicat:ion for slll,<)ivision would not: at
all be cr'edi ted. by this l<:lnd; so in' theory the requirvment
for the contribution of this land for park land would come
from the dedication fee or land. Mojo suggested th<:lt they
go through outline development plan<:lnd conceptual subdivisiol
at the sa.me time. The Preliminary subdivision starts getting
down to particulars and v.ery technical. The outline dcvelop-
mentplan is not as technical as preliminary but more techni-
cal than ,conceputal. The final subdivision is handled ,.,ith
the Cou.ncil. After they go through the pre,liminary subdivisi(
procC'E\s, t.hcn they sub:nit 'tIle final plan to ellCJineering and
the planning office and they wiJl approve the plan which is
then sent to Council for final official ap]Jrov<.ll.
Hunt mOVed to adj ourn the meeting, seconded by Dobi e. Mo(,till(
adjourned at 7:00 p.m.
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Elizd,l.jetb I.!; Klym, l/cl'ul.y City Clerk
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SECTION W.L.
CONSTRUCTION SPECIFICATIONS AND DETAILS FOR
INSTALLATION OF WATER LINES AND APPURTENANCES
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0.00 DESCRIPTION. This Work shall consist of excavation, disposal
and compaction of all material encountered within the 1 imits of the
Work and necessary for the excavation and backfilling of all water
1ine trenches. The Work shall include the excavation and backfill
of whatever substances are encountered to the depths called for in
the section, Technical Special Provisions, or.as modified in the field
by the Engineer. This specification shall include installation of
water lines, thrust blocking, valves and other appurtenances including
the furnishing of all materials, the excavation and backfill of all
trenches, and the cleaning, sterilization and testing of the ~ompleted
installation.
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0.01 GENERAL. Un 1 ess otherwi se i ndi ca ted on the drawi ngs, a 11 ex-
cavation shall be made by open cut. Trenches shall be properly main-
tained throughout construction and be kept free of water. Areas of
work shall be appropriately barricaded or marked with suitable warn-
ing signs and signals to insure public safety, which is the responsi-
bility of the Contractor. Not more than two hundred feet (200') of
trench may be opened in one place in advance of the completed work with-
out previous written consent of the Engineer.
The Contractor must conform to the current "Rules and Regulations Gov-
erning Excavation Work" and any revisions thereto of the Industrial
Commission of Colorado.
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0.02 OBSTRUCTIONS A,NO INCIDENTAL CONSTRUCTION. l,!here trees, hedges,
shrubs and brush wholly within the excavation area are not designated
to be protected or saved, the Contractor shall notify the Property
Owner concerned not less than ten days before starting work in any area
to allow the Owners to accomplish such salvaging as they may desire.
Plans reflect approximate type and location of existing utilities at
the time they are prepared. The Contractor shall be held wholly res-
ponsible for the location and protection of any utilities encountered.
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1.00 MATERIALS. This item covers the types of material that will be
required for the construction and installation of water lines within
the limits of the work. All materials used shall be new and the best
quality available. All material used shall be in accordance with ap-
plicable standards of the American National Standards Institute (ANSI),
the American Water Works Association (AWWA), the American Standards
Association (ASA), and the American Society of Testing and Materials
(AST~1) .
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SectionW.l.
L01 WATER LINE PIPE. Pioe shall be cement lined (in accordance with
ANSI-21.4), ductile iron pipe (in accordance with ANSI-A21.51), Class
II, with slip-tight joint, mechanical joint, or flanged connection
suitable for domestic water service.
1.02 WATER LINE VALVES. Valves shall be AWWA Standard C500, iron body,
bronze mounted, non-rising stem, mechanical joint gate valves. The
opening direction of valves shall be that specified in the section,
"Technical Special Provisions".
1.02.01 Restrained Mechanical Joint Valves. Wherever gate valves six
inches (6") or larger are placed at the end of main line or branch line
runs, the mechanical joint connections shall be restrained as directed
by the Engineer or shown on the nlans.
1.03 WATER LINE FITTINGS. Fittings shall be AWWA Standard CllO, cast
iron, Class 240, mechanical joint, tar-coated water line fittings.
1.04 VALVE BOXES. Valve boxes shall be five and one-fourth inches
(5 1/4") in diameter, two piece screw'type (sized for specified bury)
and provided with securely fitting lid with "HATER" prominently stamped
or otherwise permanently marked thereon.
1.05 FIRE HYDRANTS. Fire hydrants shall be "toggle-joint" type pro-
vided with a minimum valve size opening of five inches (5"), two two-
and one-half inch (2 1/2") hose nozzles and one four-and one-half inch
(4 1/2") steamer nozzle, six inch (6") mechanical joint or flange inlet
connection, a one and one-half inch (1 1/2") pentagonal National Stand-
ard operating nut, and shall conform to all the requirements of AWWA
Standard C-502-64. In addition, the depth of bury, direction of ooen-
ing, hose nozzle and steamer nozzle threading and color of the fire hy-
drant shall be that specified in the section, "Technical Special Pro-
visions". Fire hydrants shall be furnished complete with ductile iron
line pine and tee, six inch (6") restrained mechanical joint or flanged
gate valve, and thrust blocks, as shown on the plans, called for in the
soecifications, or as modified by the Engineer.
2.00 WATER LINE INSTALLATION. Trenches for water lines shall be exca-
vated along the lines shown on the plans or as modified by the Engineer
in the field, and shall be sufficiently deep to provide minimum cover
over the pipe as called for in the section, "Technical Special Provi-
sions". Trenches shall be excavated at least sixteen inches (16") wider
than the external dimensions of the pipe to be laid therein. Wherever
the bottom o~ the trench is in rock and cannot be shaped to fit the
bottom of the pipe, the rock shall be removed to a depth of not less
than four i.nches (4") below the bottom of the pipe and the trench re-
filled to required grade with granular earth, fine gravel, or coarse
sand, and shall be wetted if necessary, and compacted to form a firm
base. Wherever the bottom of the trench is muck, which is saturated
soil, organic matter, or any other compressible material that the En-
gineer determines to be unsuitable for bearing, this muck shall be re-
moved completely and replaced with granular earth, fine gravel, or coarse
sand, and shall be wetted if necessary, and compacted to form a firm
base.
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Section W.L.
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The excavati.on shall be, supported so that it wi.ll be safe and ,that
the ground alongside theexcavatton will not slide or settle, and that
all existing improvements,either on public .or private property, will
be fully protected from damage. A 11 supports shall be removed after
construction is ,completed, unless .otherwise directed, and shall be
wi thdr.awn in il manner that will prevent caving of the sides of the
excavation. All openings caused by the removal of supoorts shall be
fi 11 ed wi th su i tab Ie material a.nd sha 11 be properly compacted.
Afterexca va t i on. the trench bottom shall be uniformly graded and hand-
shaped so that the pipe barrel (exclusive of the joint) will have uni-
form and continuous bearing on firm, undisturbed bottom, or thoroughly
compacted granular material, throughout the length of the pipe. The
trench grade shall permit the pipe spigQt to be accurately centered in
the preceding laid pipe joint, without lifting the pipe above the grade.
Pipe shall be laid in straight sections except as noted on the plans.
Jointing of the pipe shall be made in accordance with the directions
of the manufacturer of the pipe and the manufacturer of the coupling.
Every open end of the pipe in place in the trench shall be carefully
plugged water-tight before being left for the night or for any length
of time the construction is suspended. Caution shall be taken at all
times to prevent the entrance, of water .into compl eted pipel ine through
open ends or in incompleted joints" At any time that it is evident
to the Engineer that theContra.ctor is incapable of keeping the pipe
free of foreign matter during, installation, the Engineer shall require
the Contractor to cover the pipe e.nds with close woven bags until the
start of the jointing operation.
Concrete thrust blocks shall be prOVided for all tees, elbows, plugs,
reducers, valves, fire hydrants and crosses if one or more sides of
the cross is plugged. The bearing area of the block shall be at least
equal to that stated on the following table, and the minimum weight
of each thrust block Shall be one thousand (1,000) pounds. The bear-
ing surface shall be against undisturbed earth. The block shall be
placed normal to the thrust as shown on the drawings. Concrete for
thrust. blocks shall be three thousand (3,000) p.s.i. concrete.
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Fitting Description
TABLE OF MINIMUM THRUST BLOCK BEARING AREAS
(values expressed in square feet)
Nominal Pipe Size - Inches
6 8 10 12
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Valves & Fire Hydrants
Plug, Tee or Cross
900 Elbow
450 Elbow
22 1/20 Elbow
11 1/40 Elbow
Reducers - 12 x
10 x
8 x
6 x
As specified
2.0 3.0
3.0 4.5
2.0 2.5
1.5 1.5
1.5 1.5
3.1 5.6
2.7 4.8
2.2 3.8
1.7
on Standard Detail
5.0 7.5 10.0
7.5 10.0 12.0
4.2 6.0 8.0
2.3 4.0 5.0
2.3 4.0 5.0
7.5 8.9
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Section W.L.
After the pipe has been pl aced as pres l'ibedanclhas been approved ,
the pipe shall be bedded. Suitable ap rovedfint;material, free of
frozen or organic material and debris ,andhavi ngno stones greater
thana two inch (2") diameter for ,duCtile .ironpipe Or a one inch (1 ")
diameter for cast iron pipe shall be used for bedding the pipe. Ma-
terial taken from the excavated earth may be used for bedding if ac-
ceptable. The bedding shall be compacted inpla.cetO form a firm base
to an elevation eight inches (8") above the top of the pipe, and shall
be placed and compacted in distinct, separate lifts not to exceed eight
inches (8") of loose depth; except that the first ,1 ift shall not be
above the top of the pipe.
Tamping equipment, such as hand "T" bars, or air or mechanical units,
which is capable of thoroughly compa.cting material to 95% maximum dry
density may be used; however, particular care must be taken when tamp-
ing material is below the pipe flow line: Jetting may be used to provide
compaction when prior approval by the Engineer is obtained.
Unless otherwise shown on the plans, specified or modified in the field
by the Engineer, all backfill above the bedding shall be carefully dumped
into the trench, providing the depth to the bedding is no greater than
four feet (4'). Care shall be taken during placement to avoid damage
to the pipe. If the depth to the bedding is greater than four feet
(4'), backfill shall be placed in liftsitogrea.ter than four feet (4').
Compaction of all backfill shall be sufficientt.o support overlying loads
wi thout excess i ve settl ement with a compaction density conformi ng to
the adjacent undisturbed ground.
Where water 1 i nes andlor appurtenances sha 11 be i nsta 11 ed under ex i st-
ing bituminous surfaced streets, parking areas or other driveways, all
such paving damaged shall be replaced to original or better condition
and position in accordance with the reqUirements of the specifications,
"Aggregate Base Course and Sub-Base Course", "Hot Bituminous Pavement",
and the following requirements:
i. the last one foot (1') of trench shall be Base Course material
in accordance with the specification, "Aggregate Base Course
and Sub-Base Course", and
i i. all bitumi nous surfaci ng shall be replaced wi th as many one
and one-half inch (1 1/2") surface courses as required to
match the existing surface.
Un 1 ess otherwi Se di rected, all trenches shall be backfill ed and all
damaged bituminous surfacing shall be repaved immediately fOllowing
installation of the water lines.
No bou 1 del'S over six inches (6") in diameter s ha 11 be a 11 owed in the
top twelve inches (12") of the trench. No backfill material shall have
boulders greater than twenty-four inches (24") in diameter. Boulders
greater than eight i ches (8") in diameter shall be carefully lowered
into the trench unti the backfill ,is, at least four feet (4') over the
top of the pipe.
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Section W.L.
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2.01 WATER STRUCTURES. Concrete construction shall conform to the re-
qui rements for structural concrete. ~lasonrY shall conform to the requi re-
ments for the respective type. Pipe sections shall be flush on the in-
side of the structure wall and project outside sufficiently for proper
connection with the next pipe section. t1asonry shall fit neatly and
tightly around the pipe.
2.02 PROTECTION OF vJATER SUPPLIES. Water lines shall be located a mini-
mum of ten feet (101) horizontally from existing or proposed seWer mains.
Wherever the sewer line crosses above or within eighteen inches (18")
beneath the water mains, the sewer line shall be made impervious by
either of the two methods 1 isted below:
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(1) One length of cast iron water pipe twenty feet long shall be
used for sewer pipe and centered over the water main. The
joints between the sewer pipe and the cast iron pipe shall be
encased in a concrete collar at least six inches (6") on either
side of the joint.
(2) The seWer pipe shall be reinforced with concrete encasement.
The encasement shall be at least six inches (6") thick on all
sides of the sewer pi pe and extend ten feet (10 I) on either
side of the water main.
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In all caSes, select granular backfill shall be used tb prevent any set-
tling of the higher pipe.
2.03 CLEANING. The Contractor shall take all ,necessary precautions
to prevent any construction debris from entering the water lines during
construction of water lines and aopurtenances. If this debris should
enter the distribution system. the Contractor shall furnish all labor
and material necessary to clean the system. Under no circumstances
will the Contractor flush the debris into an existing distribution
system.
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2.04 STERILIZATION AND TESTING OF HATER LINES. All water lines shall
be tested and steril i zed by the Contractor under a program mutua lly
determined by the Engineer and the Contractor.
Water lines shall be tested to equal 200% of working pressure and the
test shall be maintained for a minimum of three (3) hours. Water used
to refill the test sections after each hour shall be carefully measured
and shall not exceed a rate of 'two gallons per inch (2 gal/in.) bf
nominal diameter per one-thousand feet (10001) of line tested per twenty-
four (24) hour peri od. Wa ter 1 i nes sha 11 be steri 1 i zed in a manner
such that a chlorine solution of fifty (50) prm will be provided when
the line is filled and that after a twenty-four (24) hour retention period
the chlorine residual shall not be less than five (5) ppm at any section
in the line.
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Following chlorination, all treated water shall be thoroughly flushed
from the sterilized water line at its extremity until the replacement
water throughout its length shall be comparable in quality to the water
supply from the existing or proposed water supply system.
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Section W. L.
1hE!C!>ntractor shall take all necessary precauti on$ to prevent the flow
O:f/~he,?trongchlorine sol ution into existing water facil ities. The
C01'I~r~ctor will assume all respons i bil i ty for damage done by heavily
ch1or;inatedwater entering existing facilities due to negligence on
his part.
All equipment, labor, materials, tools and supplies required for the
above testing and sterilization program shall be furnished and installed
by the Contractor.
The Contractor shall take all necessary precautions to prevent any
joints from drawing, or other damage to the system while the pipelines
or their appurtenances are being tested. He shall, at his own expense,
correct any excess leakage and repair any damage to the pipe, and its
appurtenances or .to any structures i.ndicating by or resulting from these
tests. If any section tested fails the test, it shall be required or
repl aced and re-tested at the Contractor's expense, until the measured
leakage is within the allowable limits.
2.05 CONNECTION TO EXISTING WATER FACILITIES. Where connections are
to be made to existing water facilities, such connections shall be made
only after prior consultation with and receipt of written permission
from the Engineer. Connections shall be done in an approved manner
with appropriate fittings and shall be made at such time and condition
to provide for minimum interruptions of service to users.
2.06 ELECTRICAL PROTECTION. The Contractor shall provide all materials,
labor, tools and other works required for electrical continuity pro-
tection. Four gauge copper wire shall be used for the electrical connec-
tions connecting all pipe joints, unless otherwise noted.
3.00 MEASUREMENT AND PAyt~ENT OF \-IATER LINE QUANTITIES. Water pipe
will be measured and paid for by the lineal feet furnished and instal-
led. The contract unit price for water pipe shall include excavation
and backfill, the furnishing and installing of all pipe, bedding, valve
boxes, fittings. thrust blocks, electrical continuity, valves, testing,
sterilization and any other appurtenances in accordance with the Plans
and Specifications.
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r- \ ELDORADO ENGINEERING COMPANY CONSULTING ENGINEERS' REGISTERED LAND SURVEYORS '\
803 COLORADO AVENUE P.O. 80X 669 GLENWOOD SPRINGS, COLORADO 81601 303-945- 6917
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803 COLORADO AVENUE P.O, BOX 669
CONSULTING ENGINEERS, REGISTERED LAND SURVEYORS
GLENWOOD SPRINGS, COLORADO 81601
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CONSULTING ENGINEERS'; REGISTERED'LAND SURVEYORS
1"" 803 COLORADO AVENUE P,O. BOX 669 GLENWOOD SPRINGS, COLORADO 81601
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CONSULTING ENGINEERS' REGISTERED LAND SURVEYORS
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803 COLORADO AVENUE P,O, 80X 669 GLENWOOD SPRINGS, COLORADO 81601
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CONSULTING ENGINEERS' REGISTERED LAND SURVEYORS
GLENWOOD SPRINGS, COLORADO 81601
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SECTION S.L.
CONSTRUCTION SPECIFICATIONS AND DETAILS FOR
INSTALLATION OF SEWER LINES AND APPURTENANCES
...
....
0.00 DESCRIPTION. This Work shall consist of excavation, disposal and
compaction of all material encountered within the limits of the Work and
necessary for the excavation and backfilling of all sewer line trenches.
The Work shall include the excavation and backfill of whatever substances
are encountered to the depths called for in the section, "Technical Special
Provisions", shown on the drawings, or modified in the field by the Engi-
neer. This specification shall include installation of sewer lines, man-
holes, and other appurtenances, including the furnishing of all materials,
the,. excavation and backfill of all trenches, and the cleaning and testing
of the completed installation.
0.01 GENERAL. Unless otherwise indicated on the drawings, all excava-
tion shall be made by open cut. Trenches shall be properly maintained
throughout construction and be kept free of water. Areas of work shall
be appropriately barricaded or marked with suitable warning signs and
signals to insure public safety, which is the responsibility of the Con-
tractor. Not more than two hundred feet (200 ') of trench may be opened
in one place in advance of the completed work without previous written
consent of the Engineer.
All work performed wi thi n the 1 imi ts of thi s . Contract shallconfonn to
the requirements of any Federal, State, or local juriSdiction which has
power to govern or control the manner in which this Contract is fulfilled.
...
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0.02 OBSTRUCTIONS AND INCIDENTAL CONSTRUCTION. Where trees, hedges,
strnIbs and brush Y'holly within the excavation area are not designated to
be protected or saved, the Contractor shall notify the Property Owner
.~nc~~.not less than ten days before starting work in the area to allow
tfie .(Jwlrel"$ to accomplish such salvaging as they may desire. Plans re-
flectapproximate type and location of existing utilities at the tl)ne
they are prepared. The Contractor shall be held wholly responsible for
the location and protection of any uti1 ities encountered.
....
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-
1.00 MATERIALS. This item covers the types of material that will be
required for the installation of sewer lines within the limits of the
work. All materials used shall be new and the best quality available.
All material used shall be in accordance with applicable standards of
the American National Standards Institute (ANSI), the American Standards
Association CASA) and the American Society of Testing and Materials (ASTM).
1.01 VITRIFIED CLAY PIPE AND FITTINGS. All vitrified clay pipe to be
used for sewer -pipe shall be Extra Strength Pipe in accordance with ASTM
Standard Specification C-700 or the latest current revision. The pipe
shall be of the size as specified on the plans. The vitrified clay sewer
pipe shall have a factory applied joint or coupling on the spigot and
....
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Section S.L.
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bell ends of the pipe complying with ASTM Standard Specification C-425
or the latest current revision. The joint or coupling material shall
be compounded of a high quality polyurethane elastomer manufactured to
the desired hardness and compressibility and properly applied to the
pipe to form a tight compression joint. The resilient polyurethane should
have the following physical characteristics:
(a) A minimum tear strength of 50 p.s.i. (ASTM D-624).
(b) A percent elongation of not less than 80 percent and shall
return to original volume and shape upon release of elongating
force (ASTM 0-412).
(c) A compression set value of less than 5 percent (ASTM 0-395-
A).
(d) A minimum resistance to deflection of 165 p.s.i. at 10 per-
cent deflection.
(e) A.minimum Shore A durometer hardness of 70 for a temperature
range of 20 degrees to 100 degrees Fahrenheit.
1.02 ABS TRUSS PIPE AND FITTINGS. ABS Truss Pipe is defined as an in-
ternally braced double walled ASS composite pipe. Truss pipe to be used
for gravity, non-pressure sanitary sewers shall conform to ASTM Standard
Specification D 2680-70, or the latest current revision. The pipe shall
be of the size specified on the plans.
Fittings that may be used with the above specified ASS Truss Pipe include
couplings, wyes, tees, elbows, caps, plugs, adapters, manhole water stops
and clamps. All couplings and fittings shall be assembled by a chemically
welded method. Each solvent weld type coupling and fitting shall be ac-
curately formed and entirely compatible in joining with the truss pipe
to assure a leak-proof joint. Temperature and curing time of all solvent
welds shall be controlled in accordance with the manufacturers recommenda-
tions. Couplings and fittings shall be manufactured from the same materi-
al as the pipe except that caps, plugs and adapters may be fabricated
or molded from rubber, polyurenthane or other suitable compounds. The
couplings and fittings shall have chemical and physical characteristics
equal or superior to the pipe itself.
1.03 ABS EXTRA STRENGTH SOLID WALL PIPE AND FITTINGS. Six (6) inch
ABS Extra Strength Solid Wall Pipe shall be considered at all locations
in the Standard Technical Specifications and in drawings where six (6)
inch house service lines, riSer pipes and fittings are specified or noted.
ABS Extra Strength Solid Wall Pipe shall be constructed of virgin ABS
compound as specified in ASTM D-1788-62T, Types I and IV, excepting that
the minimum heat deflection temperature (ASTM D-648) shall be 180 degrees
Fahrenheit.
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Secti on S. L.
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Test samples of pipe, six inches long, shall be cut from full length
sections and tested by the method outlined in ASTM 2412-6ST, Method of
Test for External Loading Properties of Plastic Pipe by Parallel Plate
Loading. 'The Pipe shall be deflected at least 35 percent without fail-
ure, and the stiffness at 5 percent deflection shall equal or exceed
the values listed in the following Table, even after the test samples
have been immersed in a five (5) percent solution by weight of H2S04 and
n-Heptain for a period of twenty-four (24) hours prior to testing.
Failure is defined as rupture of the pipe wall.
Stiffness factor may be computed by the method outlined in ASTM 0-2412-
65T (EI in the following Table) or by dividing the load in lbs./linear
inch at five (5) percent deflection by the deflection in inches at five
(5) percent deflection (FlAY in the following Table.)
,...
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TABLE OF STIFFNESS FACTORS
-
Minimum Stiffness Requirements
,...
Nominal Size
EI @ 5%
F(AY @ 5%
150 1b./in.2
150 1 b./in ,2
4"
6"
180 lb. in.
600 1 b . in.
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All couplings and fittings shall be assembled by a chemically welded
method. Each solvent weld type coup1 ing and fitting shall be accurately
formed and entirely compatible in joint with the ABS Extra Strength
Solid Wall Pipe to assure a leakproof joint. Temperature and curing
time of all solvent welds shall be controlled in accordance with the
manufacturers recommendations, Couplings and fittings shall be manufac-
tured from the same material as the pipe except that caps, plugs and adap-
ters may be fabricated or molded from rubber, polyurethane or other
suitable compounds. The couplings and fittings shall have Chemical and
physical characteristics equal or superior to the pipe itself.
,...
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1.04 POLYVINYL CHLORIDE (PVC) GRAVITY SEWER PIPE AND FITTINGS. All
PVC gravity sewer pipe and fittings shall conform to the requirements
of the latest revision of ASTM 0-3034. Pipe shall be provided with in-
tegral wall bell and spigot joints and shall be made from clean virgin
class 11332-B PVC compound conforming to ASTM resin specification 0 1784.
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2.00 INSTALLATION OF SEWER LINES AND APPURTENANCES. Unless otherwise
indicated, this work shall include the installation of sewer lines and
all appurtenances including the furnishing of all materials, the exca-
vation and backfill of trenches, and the cleaning and testing of the
completed installation.
,...
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,...
"-.
Section S.L.
2.01 SEWER LINE INSTALLATION. Trenches for sewer lines shall be exca-
vated along the lines and to the grades shown on the plans, or as modified
by the Engineer in the field. Trenches shall be excavated at least six-
teen inches (16~) wider than the external dimensions of the pipe to be laid
therein.
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,
Wherever the bottom of the trench is in rock and cannot be shaped to
fit the bottom of the pipe, then rock shall be removed to a depth of
not less than four inches (4") below the bottom of the pipe and the trench
refilled to the required grade with granular earth, fine gravel, or coarse
sand, and shall be wetted if necessary, and compacted to form a firm
base. Wherever the bottom of the trench is muck, which is saturated soil,
organic matter, or any other compressible material that the Engineer
determines to be unsuitable for bearing, this muck shall be removed com-
pletely and replaced with granular earth, fine gravel, or coarSe sand,
and shall be wetted if necessary, and compacted to form a firm base.
The excavation shall be supported so that it will be safe and that the
ground alongside the excavation will not slide or settle, and that all
existing improvements, either on public or private property, will be
fully protected from damage. All supports shall be removed after con-
struction is completed, unless otherwise directed, and shall be withdrawn
in a manner that will prevent caving of the sides of the excavation.
All openings caused by the removal of supports shall be filled with suit-
able material and shall be properly compacted.
After excavation, the trench bottom shall be uniformly graded and hand-
shaped so that the pipe barrel (exclusive of the joint) will have uni-
form and continuous bearing on firm, undisturbed bottom, or thoroughly
compacted granular material, throughout the length of the pipe. The
trench grade shall permit the pipe spigot to be accurately centered in
the preceding laid pipe joint, without lifting the pipe above the grade.
Pipe shall be laid in straight sections except as noted on the plans.
Jointing af the pipe shall be made in accordance with the directions of
the manufacturers of the pipe and the couplings. Every open end of the
pipe in place in the trench shall be carefully plugged to prevent any
contamination before being left for the night or for any length of time
the construction is suspended. Caution shall be taken at all times to
prevent the entrance of water or debris into the completed pipeline through
open ends, manholes, or in incompleted joints. At any time that it is
evident to the Engineer that the Contractor is incapable of keeping the
pipe free of foreign matter during installation, the Engineer shall re-
quire the Contractor to cover the pipe ends with close woven bags until
the start of the jointing operation.
After the pipe has been placed as prescribed and has been approved, the
pipe shall be bedded. Suitable approved fine material, free of frozen
and organic materials and debris, and having no stones greater than a
two inch (2") diameter for ductile iron pipe, one inch (1 ") diameter for
cast iron pipe or three quarter inch (3/4") diameter for any other pipe
shall be used for bedding. Material taken from the excavated earth may
be used for bedding if acceptable.
,...
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Section S.L.
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The bedding shall be compacted in place to form a firm base to an eleva-
tion eighteen inches (18") above the top of the pipe, and shall be placed
and compacted in distinct, separate lifts not to exceed eight inches
(8") of loose depth; except that the first 1 ift shall not be i1bove the
top of the pipe.
...
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Tamping equipment, such as hand "T" bars, or air or mechanical units,
which is capable of compacting material to 95% maximum dry density may
be used; however, particular care must be taken when tamping material is
below the pipe flow line. Jetting may be used to provide compaction
when prior approval by the Engineer is obtained.
Unless shown otherwise on the plans, specified, or modified in the field
by the Engineer, all backfill above the bedding shall be carefully dumped
into the trench, providing the depth to the bedding is no greater than
four feet (4'). Care shall be taken during placement to avoid dilmage to
the pipe. If the depth to the bedding is greater than four feet (4')
backfill shall be placed in lifts of no greilter thiln four feet (4'), and
compilcted after each lift. Compaction of i111 backfill shall be sufficient
to support overlying 10ilds without excessive settlement with a compaction
density conforming to the adjacent undisturbed ground.
Where sewer lines andlor appurtenances shall be installed under existing
gravel or bituminous surfaced streets, parking areas or other driveways,
all such paving damaged shall be replaced to original or better condition
and position in accordance with the requirements of the specifications,
"Aggregate Base Course and Sub-Base Course", "Hot Bituminous Pavement",
and the following requirements:
the last one foot (1 ') of trench shall be Base Course materi-
al in accordance with the specification, "Aggregate Base Course
and Sub-Base Course", and
...
...
...
...
...
...
...
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all bituminous surfacing shall be replaced with as many one
and one-half inch (1 1/2") surface courses as required to match
the existing surface.
Unless otherwise directed, all trenches shall be backfilled and all damaged
bituminous surfacing shall be repaved immediately following installation
of the sewer lines.
...
.
No boulders over six inches (6") in diameter shall be allowed in the top
twelve inches (12") of the trench. No backfill material shall have boulders
greater than twenty-four inches (24") in diameter. Boulders greater than
eight inches (8") in diameter shall be carefully lowered into the trench
until the backfill is four feet (4') over the top of the pipe.
2.02 ABS TRUSS PIPE AND FITTINGS. ABS truss pipe with solvent weld
type couplings shall be installed in accordance with approved manufac-
turer's recommendations and ASTM 0-2321-67. All joints shall be wiped
clean as work progresses. Exposed ends of the truss pipe shall be
...
...
...
...
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Section S.L.
protected from damage and the ends shall be plugged or covered to prevent
entry of obstructing matter. Couplings shall not be backfilled until
inspected and approved by the Engineer. The pipe shall be bedded and
backfilled in accordance with the applicable portions of the Standard
Technical Specifications and Supplemental Specifications.
The maximum allowable pipe deflection for a completely backfilled non-
rigid sewer pipe Shall not exceed five percent (5%) of the nominal in-
ternal pipe diameter. Deflections in non-rigid pipe shall be checked
by measurement or by pulling a cylinder or sphere with the minimum al-
lowable diameter through the pipe. The minimum allowable diameter shall
equal the minimum interior diameter of the pipe as specified in the ap-
plicable portions of the ASTM Standard Specifications or the pipe manu-
facturer'.s recommendations, minus five percent (5%) of the nominal in-
terior diameter of the pipe. Those sections of non-rigid pipe with de-
flections greater than the maximum allowable five percent (5%) shall
not be acceptable and the Contractor will not De paid for them.
-
,
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,
2.03 SEWER STRUCTURES. Concrete construction shall conform to the re-
quirements for structural concrete. Masonry shall conform to the require-
ments for the respective type. Pipe sections shall be flush on the in-
side of the structure wall and project outside sufficiently for proper
connection with the next pipe section. Masonry shall fit neatly and
tightly around the pipe.
2.04 SEWER MANHOLES. Manholes shall be furnished and installed to the
depths and dimensions shown on the plans andlor staked in the field,
including all excavation and backfill. Manholes shall be constructed with
pre-cast concrete rings, in accordance with details shown on the plans.
The concrete rings shall conform to ASTM Specification C478-64T or latest
revision thereof. Concrete for manhole bases shall be ASTM C-150 Type
II, and have a compreSSive strength of not less than 3,000 p.s.i. after
twenty-eight (28) days. The bottom of each manhole shall be poured-in-
place concrete with shaped open channel continuation of the sewer line
through the manhole. Poured-in-place concrete shall conform to the re-
quirements for structural concrete.
To bring the manhole cover to the correct elevation the top section of
each manhole shall be constructed of pre-cast concrete grade adjustment
rings. These rings shall be not less than six inches (6") wide and fur-
l1ished in heights to allow for one inch (1") adjustments.
Manhole steps shall be placed by the barrel manufacturer immediately
after the barrel is removed from the casting form and shall be care-
fully grouted in place with ASTM C-150 Type II Portland Cement Mortar
and sand grout to insure a firm and water-tight joint. Manhole steps shall
be five-eighths inch (5/8") round wrought iron, cast iron or approved
equa 1-
Joints between manhole sections may be sealed by a full mortar joint,
or by "Ram-nek" pre-formed gaskets, as manufactured by K. T. Snyder Company,
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Secti on S. L.
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Incorporated, Houston, Texas, or approved equal. Cement mortar for joint-
ing sha11 consist of one part Portland Cement, Type II, or better, and
three parts of sand.
....
....
Manhol e ri ngs and covers sha 11 be the new Styl e Machi ned Denver Heavy,
as manufactured by the United Iron Foundry, Denver, Colorado, NEENAH
No. R-1718-A, or approved equal.
2.05 PROTECTION OF WATER SUPPLIES. Sewer lines sha11 be located a mini-
mum of ten feet (10') horizontally from existing or proposed water mains.
Where the sewer line croSSeS above the water line, is less than eighteen
inches (18") vertica11y below the water line, or is less than ten feet
(10') horizontally from the water main, the sewer line shall be made
impervious by either of the two methods listed below:
(1) One length of cast iron water pipe twenty feet long shall
be used for sewer pipe and centered over the water main.
The joints between the sewer pipe and the cast iron pipe shall
be encased in a concrete co11ar at least six inches (6") on
either side of the joint.
(2) The Sewer pipe shall be reinforced with a concrete encasement.
The encasement shall be at least six inches (6") thick on all
sides of the sewer pipe and extend ten feet (10') on either
side of the water main.
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....
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....
In all cases, select granular backfill free of any clay shall be used
to prevent any settling of the higher pipe.
2.06 CLEANING. The Contractor shall take all necessary precautions
to prevent any 'construction debris from entering the sewer lines during
construction of sewer lines and appurtenances. If this debris should
enter the collection system, the Contractor shall furnish all labor and
material necessary to clean the system. Under no circumstances wi11
the Contractor flush the debris into an existing collection system.
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2.07 TESTING OF GRAVITY SEWER LINES. Gravity sewer lines shall show
not more than one-hundred (100) ga110ns infiltration per day, per mile
of pipe, per inch nominal diameter. In areas where the ground water
level is less than one foot (1 ') above the pipe the Contractor shall
perform an exfiltration or leakage test to provide the Owner an indica-
tion of the condition of the completed system. After capping and block-
ing all wyes or tees, the pipe between successiYe manholes shall be filled
with water, including the upstream manholes, to not less than four feet
(4') nor more than eight feet (8') above the lowest point of the sewer
section being tested. The amount of water added during the test period
from the section under test to maintain the water level shall be measured
and it shall not exceed a rate of one-hundred (100) gallons exfiltration
per day, per mile of pipe, per inch nominal diameter. Anyone individual
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Section S.L.
'section may exceed the rate by one and one-half (1 1/2) times if the
total length does not exceed the above rate. The program of testing
must be mutually determined by the Engineer and the Contractor. The
Contractor shall furnish all labor, tools, and equipment necessary to
make the tests and to perform any work incidental thereto. The Contrac-
tor shall take all necessary precautions to prevent any joints from
separating, or other damage to the system while the pipel ines or their
appurtenances are being tested. He shall, at his own expense, correct
any excess leakage and repair any damage to the pipe, and its appurten-
ances or to any structures indicated by or resulting from these tests.
If any section tested fails the test, it shall be repaired or replaced
and re-tested at the Contractor's expenSe, until the measured leakage
is within the allowable limits:
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2.08 CONNECTION TO EXISTING'SEWER FACILITIES. Connections to exist-
ing sewer facilities where live flows exist shall be made only after
prior consultation with and receipt of written permission from the En-
gineer. No bypass of sewage to any surface or ground water will be
allowed in the completion of this connection.
3.00 MEASUREMENT AND PAYMENT OF SEWER LINE. Sewer pipe shall be mea-
sured and paid by the lineal feet furnished and installed. Measurement
shall be from center of manhole to center of manhole and shall be the
Slope distance between manhole centers. The contract unit price for
sewer pipe shall include all excavation and backfill, the furnishing
and installing of all pipe, bedding, fittings, cleaning, testing, con-
nection to other sewer facilities and any other appurtenances in accord-
ance with the Plans and Specifications.
3.01 MEASUREMENT AND PAYMENT OF MANHOLES OR APPURTENANCES. Manholes
or appurtenances shall be measured by counting the number of accepted
units constructed complete and paid for at the contract unit price per
manhole or appurtenance. The contract unit price for manholes or appur-
tenances shall include excavation and backfill, the furnishing and in-
stalling of all concrete bases to the depths and dimensions shown on
the plans, manhole rings, grade adjustment rings, covers, steps and any
other appurtenances in accordance with the Plans and Specifications.
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SECTION A.G.
AGGREGATE BASE COURSE AND SUB-BASE COURSE
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0.00 DESCRIPTION. This Work shall consist of furnishing and placing
one or more courses of aggregate on a prepared surface in accordance
with these specifications in reasonably close conformity with the
lines, grades and typical cross-sections shown on the plans or es-
tablished by the Engineer in the field.
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1.00 CONSTRUCTION REQUIREMENTS. The compacted aggregate base course
and sub-base course shall be constructed in at least two layers of
approximate equal thickness or as indicated on the plans. The maxi-
mum compacted thickness of anyone layer shall not exceed six -inches
(6").
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Compaction of each layer shall continue until a density of not less
than ninety-five (95) percent of the maximum density determined in
accordance with AASHO T 180 Method C or Method D has been achieved.
The surface of each layer shall be maintained during the compaction
operations in such a manner that a uniform texture is produced and
the aggregates firmly keyed. Water shall be uniformly applied during
compaction in the amount necessary for proper consolidation.
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The soil aggregate material shall conform to AASHO Standard Speci-
fication Designation M 147-65 or latest applicable revision.
Hhen two different aggregate sizes are called foy' on the plans, the
first layer to be placed shall be classifed as sub-base aggregate
and shall conform to the requirements described herein. The second
shall be classified as base-course aggregate and meet the following
requirements:
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PERCENTAGE BY WEIGHT PASSING SQUARE MESH, SIEVES
Sieve Size
Sub-BaSe Course
Aggregates
Base-Course
Aggregates
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1 1/2 inch
1 inch
3/4 inch
No.4
No. 8
No. 200
100
95 - 100
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5 - 15
100
30 - 60
25. - 50
5 - 12
30 - 70
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Section A.G.
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2.00 MEASUREMENT AND PAYMENT OF AGGREGATE BASE COURSE AND SUB-BASE
COURSE. Aggregate base and sub-base course shall be measured by
the cubic yard.
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The accepted quantities of aggregate base course and aggregate sub-
base course shall be paid for at the contract price per cubic yard.
The cost of haul for aggregate base and sub-base course shall be in-
cluded in the contract price.
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SECTION B.P.
HOT BITUMINOUS PAVEMENT
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0.00 DESCRIPTION. This work shall consist of constructing one or
more courses of bituminous pavement on a prepared base in accordance I
with these specifications, and in reasonable close conformity with .
the lines, grades, thicknesses, and typical cross-sections shown on
the plans or as directed by the Engineer.
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1.00 GENERAL REQUIREMENTS. The bituminous pavement shall be com-
posed of a mixture of aggregate, filler if required, and bituminous
material. The aggregate fractions shall be sized, uniformly graded
and combined in such proportions that the resulting mixture meets
the following grading requirements:
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Sieve Designation
Percentage Qy Weight Passing Square Mesh Sieve
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3/4 inch
1/2 inch
3/8 inch
#4
#8
#50
#200
100
70 95
60 - 88
40 - 72
28 - 58
9 - 32
3 - 12
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The Engineer shall have the authority to change the above gradation
requirements within reasonable limits. Also the Engineer shall have
the authority to design a completely different job mix formula in
the event that two separate pavement layers are specified. If such
changes are required they will be done before the Contractor has
commenced with gravel crushing operations.
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2.00 CONSTRUCTION REQUIREMENTS. Bituminous pavement shall be placed
only on properly constructed and accepted surfaces that are free from
water, snow, or ice. The pavement shall not be placed \"Jhen the air
temperature is lower than 200 F., or when weather conditions are
detrimental to the proper placement and finishing of the pavement.
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Previous to placement of the hot bituminous pavement, the surface
shall be broomed free of all dirt or other matter and sprayed with
an approved liquid asphalt primer. When the mix is placed over a
paved surface a tack coat should be applied. Tack coat applications
shall be applied in accordance with the Engineer's directions and
norma lly range from 0.05 to 0.15 ga 11 ons per square yard. When the
mix is placed over untreated surfaces, the base shall be primed in
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Section B.P.
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accordance with the Engineer's directions. Prime applications nor-
mally range from 0.20 to 0.50 gallons per square yard. The prime
shall be completely cured before paving; however, if the asphalt
prime is uncovered long enough to allow dusting to occur and create
a potentially poor bond, a tack coat may be necessary in accordance
with the Engineer's directions.
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The hot bituminous pavement shall be laid upon an approved surface,
spread and struck off to the grade and elevation established. Bi-
tuminous pavers shall be used to distribute the mixture either over
the entire width or over such partial width as may be practicable.
After the mixture has been spread, struck off and surface irregulari-
ties adjusted, it shall be thoroughly and uniformly compacted by
rolling.
The surface shall be rolled wnen'the mixture is in 'the proper con-
dition and when the rolling does not cause undue displacement, crack-
ing or shoving. The number, weight and type of rollers furnished
shall be sufficient to obtain the required compaction while the
mixture is in a workable condition.
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Rolling shall be continued until all roller marks are eliminated and
a minimum density of 93 percent of a laboratory specimen made in
the proportions of the job-mix formula has been obtained.
Any displacement occuring as a result of the reversing of the direc-
tion of a roller, or from other causes, shall be corrected at once
by the use of rakes and addition of fresh mixture when required.
To prevent adhes i on of the mixture to the rollers, the wheels sha 11
be kept properly moistened with water or other approved material.
Excess liquid will not be permitted.
The mixture shall not be del ivered for use on the road at less than
2350 F. Should the temperature be too high to permit proper com-
paction, the Contractor shall wait until the mixture has cooled to
a reasonable rolling temperature.
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Unless otherwise specified, the bituminous material used in the
mix shall be AC 120-150, and shall be used in such an amount that
four (4) percent by weight results in the pavement.
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3.00 MEASUREMENT AND PAYMENT. Prime and tack coat will be measured
by the gallon used in accepted application. Hot bituminous pavement
will be measured by the ton. Batch weigh'ts will not be permitted.
The tonnage shall include all materials used to make the hot bitumi-
nous pavement described herein.
The accepted quantities of prime and tack coat will be paid for at
the contract unit price bid per gallon. The accepted quantities
of hot bituminous pavement will be paid for at the contract unit
price bid per ton, including haul, laydown and compaction.
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SECTION R,G,
RESTORATION OF GROUNDS
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0.00 GENER.~L. Restoration of grounds (hereinafter called clean-up)
sha 11 be a con ti nuous process from proj ect s tart-up to Fi na 1 Acceptance
of the Work by the Engineer, The Contractor shall, at all times, keep
property on which Hork is in progress free from accumulation of waste
material or rubbish caused by employees or caused by the Work, and he
shall carryon a constant program to maintain plant areas, structure
sites, ri ghts-of-~/ays, and the surface of streets and roads in a con-
dition satiSfactory to the appropriate authority, grantor of the rights-
of-way, and to the Engineer. Upon completion of the Work, theContrac-
tor shall remove all remaining rubbish, tools, equipment, scaffolds and
surplus materials from the job and leave the Work area clean and free
of debris. Unless otherwise provided in the technical specifications,
clean-up shall include the re-grading, re-surfacing, rebuilding and
replacing of all oil and gravel roads on which construction took, place,
and rebuilding or replacing of all culverts, borrow pits, irrigation
ditches and driveways disturbed by the construction. Streets or roads
shall be re-surfaced by the Contractor, including both gravel and oil
roads, and shall be replaced in as good as or better condition than
that at the start of construction. The Engineer shall be the sole judge
as to whether streets, roads or property have been restored to a condi-
tion as good or better than at the start of construction. Preliminary
clean-up shall be commenced as soon as the construction site is occupied
by the Contractor (including his employees, supplies, material or equip-
ment) and shall be a continuous process, if necessary, in order that
the site of the Work shall have an appearance and/or utility equal to
or better than the start of the HOi'k, Street surfaces sha1l be restored
to their original grade and finish, and will match adjacent undisturbed
alignment and grade.
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1.00 MEASUR:::~lENT AND PA'ft,lENT. The successful completion of the Project
shall be dependent upon satiSfactory compliance with the intent of this
section. There shall be no extra payment for this Work, but it is con-
strued to be a part of all phases of the Work involved,
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SECTION T. S. P.
TECHNICAL SPECIAL PROVISIONS
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1.00 REFERENCE SECTION S.L. 1.02-ABS TRUSS PIPE AND FITTINGS, and
SECTION S.L. 1.03-ABS EXTRA STRENGTH SOLID WALL PIPE AND FITTINGS.
Delete these sections.
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