HomeMy WebLinkAboutcoa.lu.su.DRC Subdivision.1973
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SUBDIVISION AND
PLANNED UNIT DEVE;LOPMENT AGREEMENT
D.R.C. SUBDIVISION
THIS AGREEMENT,.. made this ~1J.,day.of ~
197:3, by and between the. CITY OF ASPEN, Colorado (hereinafter
s.ometimes caned "City"), and DESTINATION RESORTS - ASPEN, LTD.,
a limited partnership, (hereinafter s.ometimes called
"Subdivider").
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WITNESSETH:
WHEREAS, Subdivider has submitted to the City fer
approval, executi.on and r(;!cordation, a sllbdivision plat .of a
tract .of land situated in the NW'>;; .of Section 18,. T.ownship 10
South, Range 84 West .of the 6th Principal Meridian, Aspen,
C.ol.orad.o, designated as D.R.C. Sllbdivision; and
WHEREAS, said plat encompasses land located within
an area in the City zoned ~-l; and
WHEREAS, the City has fully considered such .plat,
the pr.op.osed devel.opment and the impr.ovementof the land there-
in, and the requirements t.obe imposed upon other adj.oining .or
neighb.oring properties by. reason .of the proposed development
and impr.ovement .of the land inc1udedin the plat; and
WHEREAS, . the Cf.ty is willing to appr.ove, execute and
accept for rec.ordation said plat up.onthe agreement of Sub-
divider t.o the matters hereinafter described, and subject t.o
all the requirements, terms andc.onditi.ons of the City.of
Aspen Subd i.v is ion Reg\.1.lations now in eff.ect and other laws,
rules and reguLations; arid
WHEREAS, the City ha.s imp.osed conditions and require-
ments in c.onnection with its appr.oval, executi.on and acceptance
.forrec.ordation of the plat, and that such matters are necessary
t.o pr.otect, pr.om.ote anden'hance the public w.elfare; and
WHEREAS, und(;!r the allth.ority .of Section 20-9 of the
Municipal Code of the City .of Aspen, Colorado, the City is
entitled t.o assurance tl:tat the. matters hereinafter agreed t.o
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will be faithfully performed by the Subdivider.
NOW, THEREFORE, in consideration of the premises, the
mutual covenants herein contained, and the approval, execution
and acceptance of the plat for recordation by the City, it is
agr.eed as follows:
1. subdivider shall prime, and place seal and chip
surfacing from the existing improvements at the intersection.of
West End Street and Waters Avenue to the entrance to D.R.C.
Subdivision, according to normal City specifications, which
surfacing shall be the same width as the paved portion of West
End Street to be completed with first phase of development. The
agrees .estimated cost of construction of this improvement is
TWO THOUSAND ONE HUNDRED S.IXTY and 00/100 ($2,160.00) DOLLARS.
2. The Subdivider shall construct an eight foot (8')
wide asphalt-concrete walkway/emergency access drive within
Wagon Road from West End Street to Ute Avenue to be completed
with the first phase of development, according to normal City
specifications, The agreed estimated cost for. the construction I
of this improvement is ONE THOUSAND FOUR HUNDRED TWENTY-TWO and I
00/100 ($1,422.00) DOLLARS. I
3. Subject to the conditions contained in this para-
graph, the Subdivider shall provide for the estimated cost for
construction of asphalt-concrete paving along the Ute Avenue
frontage to the D.R.C. Subdivision for one-half of the Forty-tw
foot (42') wide roadway. The agreed estimated cost for this
improvement is FOUR THOUSAND..QNE.HUNDRED FORTY-FIVE and 00/100
($4,145.00) DOLLARS. Payment of this amount shall be made to
the City upon the occurrence of one of the following events,
whichever first occurs:
(1) The City paves that portion of Ute Avenue
adjacent to D...R.C. subdivision.
(2) Completion of. the final phase of development
of D.R.C, Subdivision.
(3) Three (3) years from date of this Agreement.
Provided, however, in the event that any or all of
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the property within D.R.C. Subdivision is included within a
Special Improvement Paving or Road District, the said estimate
of the cost of paving shall be either released from the Lender's
commitment, as stated in Paragraph 8, or, if the said monies
for this paving have been paid to the City 80S hereinabove pro-
vided, such sums shall be returned to the Subdivider.
4. The Subdivider shall pay the estimated cost for
construction by the City of a six inch (6") vertical curb and
two foot (2') gutter pan and a five foot (5 I) wide sidewalk
along the Ute Avenue fronta.ge to the D.R.C. Subdivision, which
improvements shall be constructed when the City deems them
necessary and advantageous to the development of Ute Avenue.
The agreed estimate of the cost of these improvements is FOUR
THOUSAND SIX HUNDRED SIXTEE}J and 00/100 ($4,.616.00) DOLLARS.
5. Upon completion of the sE,cond phase of D..R. C.
Subdivision or at such time as the road is paved in the en-
trance area to the Subdivision, ~hichever first occurs, Sub-
divider shall construct a storm drain catch basin within the
right of way deeded to thE:! City, as shown on the subdivision
plat which cost of construction is estimated to be ONE THOUSAND
FIVE HUNDRED and 00/100 ($1,500.00) DOLLARS. In addition, the
Subdivider shall con.tribute FOUR THOUSAND and 00/100 ($4,000.00)
DOLLARS for the installation cost of connecting the catch basin
to a storm sewer located at the northwest corner of Glory Hole
Park, and repair of landsca.pe, at such time as the City
connects said catch basin to the storm sewer, but no later than
three (3) years from the da.te of this Agreement, and no earlier
than completion of the second phase of construction. In the
event a storm sewer is located nearer to the D.R.C. Subdivision,
the cost of connection shall be reduced proportionately. At
such time as any or all of the property located within the
D.R.C. subdivision becomes part of a Special Improvement Storm
Drain District, the City shall maintain the storm drain catch
basin or bypass the catch basin and connect to the storm drain
sy:stem.
6. The subdivider shall construct water mains six
inches (6") to service fire hydrants (2) within theD.R.C.
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Subdivision to be completed.with second phase of development.
The agreed estimatedcDstfor these improvements is SEVEN
'tHOUSAND EIGI:IT HUNDR.EDa.nd 00/100 ($7,800.00) DOLLARS.
7. Upon completien of the secend phase of develDp-
ment, the Subdivider further agrees to' place a natural trail
through the epen space land dedicated to. the City for public
use; landscape that portienof Wagen Wheet,l}oli!-d (West End
Street) from the entrance to D.R.C.. Subdivision and Ute Avenue,
and construct a three foot (3') wide berm (if required by the
City), and landscape a parcel of land ten feet (10') in width
nDrtherly Df and adjacent to the D.R.C. SUbdivision. The
agreed estimate of thecDst Df these imprevements is THREE
THOUSAND FIVE HUNDRED and 00/100 ($3,500.00) DOLLARS.
8. It is estimated that the aggregate cest of con-
structing and installing all of the imprDvements hereinabove
described will not exceed TWEN'I'Y,..NINE THOUSAND ONE HUNDRED
FORTY-THREE and 00/100 ($29,143.00) DOLLARS. In order to
secure the perfDrmance of the censtruction and installatien of
imprevements herein agreed to. by the Subdivider and the City,
the Lender, First of Denver MDrtgage InvestDrs, shall guarantee,
by acceptance of this Agreement, that funds in the amDunt Df
the aforesaid estimated costs Df construction are held by it
fer the acceunt Df the ,Subdivider fer. censtructien and install-
ation of illlprovements herein described. By signing this
Agreement~First of Denver Mertgage Investors, Lender, agrees
that so long as any of the imprDvements herein described have
net been completed er the co.nditiens haveno.t been met as here-
inabove pro.vided, it shall withhold from disbursement and
withdrawal so much of said funds as is estimated, frem time to
time, to be necessary to. complete the censtruction and install-
atio.n of said improvements. In the event, hewever, that any
pertio.n o.f the werk and improvements have not been installed
acco.rding to. the conditions.centained herein, then, and in
that event, the City may have such remaining wo.rk and improve-
ments completed in such means and such manner, by contract with
or without public letting,er otherwise, as it may deem advis-
able, a.nd the Ll;!nder, First of Denver Mortgage Investo.rs by
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signing this Agreement, agrees to reimburse the City out of
the funds held by it for the account of Subdivider for City's
costs incurred in completing said work and improvements; pro-
vided, however, in no event shall First of Denver Mortgage
Investors be obligated to pay to the City more than the
aggregate sum of TWENTY-NINE THOUSAND ONE HUNDRED FORTY-THREE
and 00/100 ($29,143.00) DOLLARS, less those amounts previously
paid and approved by City by reason of the default of Sub-
divider in performance of the terms, conditions and covenants
herein contained. From time to time as work to be performed
and improvements to be constructed hereunder progresses, Sub-
divider may request that City inspect such work and improve-
ments as are completed and may submit to City the cost of
such completed work and improvements. When the City is satis-
fied that such work and improvements as are required by Sub-
divider to be completed, in fact, have been completed in
accordance with the terms hereof, the City will submit to the
Lender, First of Denver Mortgage Investors, its statement that
it has no objection to the release by First of Denver Mortgage
Investors of so much of the above specified funds as ~ necess-
ary to pay the cost of work performed and improvements install-
ed pursuant to the terms of this Agreement. The procedures for
completion of improvements and work by City and reimbursement
to City therefore by First of Denver Mortgage Investors shall
apply whether there be one or more defaults, or a succession
of defaults on the part of the Subdivider in performing the
terms, conditions and covenants contained in this Agreement.
9. Notwithstanding anything contained herein or re-
ferred to the contrary, Subdivider, in developing the property
contained within the plat, and the other improvements as
herein described, shall fully comply with all applicable rules,
regulations, standards and laws of the City and other govern-
mental agencies and bodies having jurisdiction.
10. Upon execution of this Agreement by the parties
hereto and by First of Denver Mortgage Investors, and provided
all other conditions as herein contained have been met by
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Subdivider, the City agrees to execute the plat of D.R.C.
Subdivision and accept the same for recordation in the record- I
ing office of Pitkin County, Colorado, upon payment of record-
ing fees and costs to City by Subdivider.
IN WITNESS WHEREOF, the parties hereto
set their hands and seals the day and year first
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have hereunto I
above written. I
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ATTEST: ~
/-y~ .
C _~_/ City Clerk
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CITY OF ASPEN, a Colorado
:ici:t;~rp~
Mayor (/
Where applicable to the undersigned, the terms,
conditions and covenants hereinabove set forth are approve~
and accepted by FIRST OF DENVER MORTGAGE INVESTORS, this ~
day of ~ ' 1973.
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DESTINA'rION RESORTS - ASPEN, LTD. I'
a Limited Partnership,
By:rf)4 ~. ~, Y.f!
DESTINATION RESORTS, General
Partner I
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By: ~K. '1n~~).e4
V;c.ge~JJ!/::t . (Title)
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MEMORANDUM
TO: Herb Bartel, City - County Planner
FROM: Dave Ellis, City Engineer
RE: D. R. C. Subdivision Agreement
DATE: March 1, 1973
The conditions and requirements listed below for the
D. R. C. Subdivision Agreement are my understanding of
our discussion on 2/27/73.
1. Developer shall improve West End Street
from existing improvements at Waters Ave.
to entrance of D. R. C. Subdivision with
a primer and seal and chip surfacing.
Surfacing shall be same width as paved
portion of West End St. A performance
bond for 100% of the estimated cost will
be required.
2. Developer shall construct a 9' wide, 6"
reinforced concrete walkway /emergency
access drive within Wagon Road from West
End Street to Ute Avenue. A performance
bond for 100% of the estimated costs will
be required.
3. Developer shall escrow funds for construc-
tion of asphalt concrete paving along the
Ute Avenue frontage for one -half of a 42'
wide roadway. Improvements shall be con-
structed when the City of Aspen deems it
necessary and advantageous.
4. Developer shall escrow funds for construction
of 6" vertical curb and 2' gutter pan and a
5' wide sidewalk along the Ute Avenue front-
age. Improvements shall be constructed when
the City of Aspen deems them necessary and
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advantageous to the developement of Ute Ave.
5. Developer shall escrow funds in an amount
equal to the cost of constructing storm
drain facilities from Access Point "A" to
the storm sewer at the northwest corner of
Glory Hole Park including any costs to re-
habilitate damaged landscaping. This escrow
amount shall be used by the City of Aspen
to construct offsite storm drain facilities
as necessitated by site runoff. Developer's
engineer will provide calculations for runoff,
storm drainage capacity and estimated cost.
6. Developer shall provide a performance bond
for the construction of water mains and fire
protection system in the amount of 100% of
estimated cost.
7. Items 1 and 2 shall be completed during phase
1. Items 3, 4, 5, & 6 may be adjusted to
follow the development phasing and the planned
Unit Development Agreement.
8. Escrow estim *tes for items 3, 4, & 5 shall in-
clude City of Aspen engineering and construction
supervision fees.
9. All improvments constructed by the Developer
shall meet City of Aspen specifications and
shall be subject to inspection by City of Aspen
during construction and before release of bond.
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Recorded at 3434 o'clock .L...M., Decemb_er_. la, ...19.74 A �f (�� ' ;� r,. + � .
Reception No 171835 Julie Bane' Recorder.
,. RECORDER'S STAMP 11
1 KNOW ALI, MEN BY THESE PRESENTS, That DESTINATION
RESORTS- ASPEN,LTD.,a limited partnership,P.O.
Box 2946, Aspen, 81611 of the
County of Pitkin in the State of Colorado, of
the first part, for and in consideration of Ten ($10. 0 0) Dollars , '
and other valuable considerations,
Aollar.zxte it in hand paid at or
before the ensealing or delivery of these presents by CITY OF
ASPEN, a Colorado Municipal Corporation,P.O.
Box V, Aspen 81611 of the
County of Pitkin , in the State of Colorado, of
the second part, the receipt whereof is hereby acknowledged, has bargained and sold, and by
these presents do es grant and convey unto the said part y of the second part, its
ezeczkon, zttliniaixlzalms, successors or assigns, the following property, goods and chattels, to wit:
Any and all interest of party of the first part in and to all water j
transmission mains, distribution lines and other pipelines, valves,
hydrants, fittings, pressure reducing stations and all related
facilities and connections located and lying within the Easement
attached hereto as Exhibit "A." , excluding private water service
lines.
See Exhibit "A" attached hereto and made a part hereof by this
preference for acceptance of this conveyance by the City of Aspen.
local:auk
TO HAVE AND TO HOLD the same unto the said part y of the second part, its
gxec1ttorsadtniniztrators, successors or assigns, forever. And the said part of the first part, for I
it sel f , its heizsxarectttnrcactcairtf , nattars, successors or assigns, covenants and i I
agree to and with the said part of the second part, WM autateS7MUARINtnatis, succes- II
sors or assigns, to WARRANT and DEFEND the sale of said property, goods and chattels, hereby
made unto the said part y of the second part, its articttom}adln4trigtfvati A, successors or I
assigns against all and every person or persons whomsoever.
IN WITNESS WHEREOF, The party of the first part ha s hereunto setits hand
and seal , this eleventh day of November , 19 74 .
DESTINATION RESORTS - ASPEN,LTD. a 1
limited partnership,
Signed, sealed and delivered in the presence of 1 --BEAU
B C� ' -7 - - " . Sl' 1L I I
DAVID G. BEHRHORST, Attorneyn
Fact under Power of Attorn7
recorded in Book 280 at Page !
5.15..of...t.ha..xesords for xlz3c 1
Pitkin County, Colorado. !
STATE OF COLORADO,
ss.
County of Pi tkin
The foregoing instrument was acknowledged before me this lith day of November
19 74 ,by' D�.VID Gr, E
B [yH p 5 t.tornev -ip -'act for D�STINATIbN;;I
I I OR.. R.,
, ir1'D.,
} PEN,-m
a imm ed par Hers ip. 11
My commission expires .
v,oust 20, 1978.
Witness my hand and Official ecl. •
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EXHIBIT "A"
GRANT OF EASEMENT
KNOW ALL MEN BY THESE PRESENTS, that DESTINATION RESORTS -
ASPEN, LTD., a limited partnership, the Grantor herein, for Ten
($10.00) Dollars, and other good and valuable considerations, paid
by the CITY OF ASPEN, a Colorado Municipal Corporation, the Grantee
herein, receipt of which is hereby acknowledged, does hereby grant,
demise and convey to the Grantee, its successors and assigns for-
ever, a perpetual easement under and through the following described
real property, for the use and purpose of replacing, repairing and
maintaining a 6" water transmission line, fire hydrants and
appurtenances, for the benefit of the public:
A water line utility easement situated in the NW;
of Section 18, Township 10 South, Range 84 West of
the 6th Principal Meridian, Pitkin County, Colorado.
Said easement is twenty (20) feet wide, ten (10)
feet on each side of the following described •
centerline:
Beginning at a point on the northwesterly
boundary of The Gant property whence Corner
No. 1 of East Aspen Townsite bears S.06 °30'11"
E. 550.65 feet; thence S.72 °47'34" E. 166.38
feet; thence S.07 °34'00" E. 114.69 feet; thence
S.52 ° 34'00" E. 82.57 feet; thence S.17 ° 12'26"
W. 214.99 feet; thence S.89 °35'48" W. 20.00
feet; thence N.62 °00'00" W. 31.07 feet; thence
S.28 °28'00" W. 152.95 feet to a point on the
northeasterly right of way line of Ute Avenue
said point being N.37 °47'34" W. 10.92 feet
from Corner No. 1 of East Aspen Townsite.
Contiguous to, and included with the above described
Easement is the following described parcel:
Beginning at a point on the southerly boundary .
of the D.R.C. Subdivision whence Corner No. 1 •
of East Aspen Townsite bears S.28 °28'00" W.
134.56 feet; thence N.28 ° 28'00" E. 12.87 feet;
thence S.62 °00'00" E. 23.69 feet to a point on
the southerly boundary of the D.R.C. Subdivision;
thence S.89 °35'43" W. 27.05 feet along said D.R.C.
Subdivision boundary to the point of beginning.
Grantee under the Easement conveyed herein shall return
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the surface of said easement, including roadway, sidewalks and
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landscaping, to the same condition as when entered upon for the
purposes hereinabove stated, provided however in the event that
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the water transmission line lying within the ninety (90) foot
easement parallel to the North side of Building C, Phase One of
Gant Condominium is repaired or replaced, the Grantor herein
agrees to indemnify the City against any claim for loss or
damage to any property adjacent to the said ninety (90) foot
easement and further Grantor agrees to reimburse the City for
any increase in cost from doing any repairs or reconstruction
caused by the location of Building C, Phase One, Gant Condo-
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minium along said ninety (90) foot easement.
IN WITNESS WHEREOF, the Grantor herein as executed and
delivered this Grant of Easement this(oTh day of J
1974.
GRANTOR:
DESTINATION RESORTS- ASPEN, LTD.
a Limited Partnership,
pp��
BY = /�1_
DAVID G. BEHRHORST, Attorney -in-
Fact under Power of Attorney
recorded in Book 280 at Page 515
of the records for Pitkin County,
Colorado
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STATE OF COLORADO )
SS.:
COUNTY OF PITKIN )
The foregoing instrument was acknowledged before me this
day of 4)22.--w , 1974, by DAVID G. BEHRHORST, as
. Attorney -in - Fact for DESTINATION RESORTS- ASPEN, LTD., a Limited
Partnership. _
My Commission Expires: v ; 1 9 7
Witness my hand and official seal.
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• Notary Public
APPROVED AND ACCC PED THIS
} DAY OF . c , 1974.
CITY OF ASPEN, , Colorado _
Municipal Cor(Siz rnt on
,
By:_
1i•�)
1:35 April 25 1973 [ - Frj 01'
Poemasri at o'clock F V., April
R ecep ti on No 1597 - 62 Peggy E. Pl ilcithch
Recorder.
li = - -^ – -=_ n RICOI2DI l�.7 STAMP �
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THIS 1 ' IL
I ) ," ', this CO rl?y Cf i ,
11 I 15 73 , between REST I l,A CION RESORTS ASPEN, LTD. !
Ii a limited partnership, P. 0. Box 2946, Aspen, ♦c P �v111 I'.
' STATE 4CP.T:T TEE 1,
of the County of Pitkin and State of Colo- 1
, rado, of the first part, and CITY OF ASPEN, a Colo APR 2 5 197.E
ratio Municipal Corporation, P. 0. Box V,
C1
of the
, County of Pitkin and State of Colorado, of the second
part;
WITNESSETH, That the said part y of the first part, for and in consideration of the sum
of
TEN ($10.00) DOLLARS, and other valuable considerations, Dollgez
to the said part y of the first part, in hand paid by the said part y of the second part, the ,I
receipt whereof is hereby confessed and acknowledged, ha s granted, bargained, sold and conveyed,
and by these presents doe s grant, bargain, sell, convey and confirm unto the said part y of
the second part, its heirs and assigns forever, all the following described lot or parcel
of land, situate, lying and being in the County of Pitkin and State of
Colorado, to wit:
SEE DESCRIPTION MARKED EXHIBIT "A" ATTACHED
HERETO AND MADE A PART HEREOF.
4 0/0 92evk Spac - RC_ Sctbdlvts( 0 el.
Together with all and singular the hereditaments and appurtenances thereunto belonging, or in any-
wise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and
profits thereof; and all the estate, right, title, interest, claim and demand whatsoever, of the said
part y of the first part, either in law or equity, of, in and to the above bargained premises, with
the hereditaments and appurtenances; TO HAVE AND TO HOLD the said premises above bar-
gained and described, with the appurtenances, unto CITY OF ASPEN, a Colorado
Municipal Corporation the said party of the second part, its
heirs and assigns forever.
And the said DESTINATION RESORTS- ASPEN, LTD., a limited partner-
ship part y of the first part, for it self , its heirs, executors and
administrators, do es covenant, grant, bargain and agree to and with the said part y of the
second part, its heirs and assigns, the above bargained premises in the quiet and peaceable
possession of said part y of the second part, its heirs and assigns, against all and every
person or persons Lawfully claiming or to claim the whole or any part thereof, by, through or under
the said party of the first part to WARRANT AND FOREVER DEFEND.
IN WITNESS WHEREOF, The said part y of the first part has hereunto set its I .
hand and seal the day and year first above written.
Signed; Sealed and Delivered in the presence of) DESTTNATI.QFL.1 -SORTS- [SEAL]
ASPEN, LTD., a limited partner-
. ship
[SEAL]
By _:2 tae -- /-' "' d--, [SEAL]
STATE Or COLORADO, DESTINATION RESORTS ,
General Partner
County of PITKIN /
Tlie.tf 4cpahig instrument was acknowledged before me this l r �`' day of /r�'F ,
19 b? DAVID G. BEHRHORST, Vice President of DESTINATION RESORTS,
General . r ai:t.iie r ,
is t4 � _ -.
P cum ni _Ion (-spites ;" / -` t , 19 5 Witne:,s mv` utnd and official seal.
1i r Nullity Public.
'tif by 1:';t01;11 lesson or persons 1 , r e I n e r t nanh. or names; I f by portion notItos In repreeenletite oe effl 1 l t of n Itt or .. -
att roe -p - In ! , tilt I'o . r[ name of Jerson aai executor, attorney-In-fact or olh: r e d 1 , ity or ., r tic
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,or .tit n. pe ts u r[ P.:1110 or purl, offS.er or mfflc'.e, as the {.resident or other oilie rs of such corpurathi, naming It. -- *Statutory
A c u•n o line rar f. : 4, !Ion P.O.
BOOK 275 PACT 99
EXHIBIT A
A tract of land situated in the NW4 of Sec. 18, T10S, R84W
of the 6th P.M., Pitkin County, Colorado. Said Tract is
more fully described as follows:
Beginning at the most westerly corner of Lot 7, Calderwood
Subdivision, whence Corner No. 1 of Aspen Townsite bears
S.63 ° 57'29" W. 576.94 ft.; thence S.89 ° 35'43" W. 11.19 ft.;
thence N.27 ° 03'33" W. 128.78 ft.; thence N.02 ° 00'29" E.
116.89 ft.; thence N.15 ° 05'00" E. 47.61 ft.; thence 86.62
ft. along the arc of a curve to the left having a radius of
55.0 ft.; thence N.75 ° 09'11" W. 133.32 ft.; thence S.79
28'49" W. 11.09 ft.; thence N.15 ° 46'00" E. 30.43 ft.; thence
S.55 ° 15 7 55" E. 55.77 ft. to a point on Line 1 -2 of said
Aspen Townsite; thence N.28 ° 28'00" E. 8.79 ft. along said
Line 1 -2 to a point on the southerly line of Lots A through
F, Block 41, East Aspen Townsite, extended northwesterly;
thence S.75 ° 12'36" E. 157.62 ft. along said southerly line
to the northwest corner of Lot 4, Calderwood Subdivision;
thence S.04 ° 47'25" E. 36.98 ft. along the westerly boundary
of said Lot 4; thence S.25 ° 17'00" W. 88.00 ft. along the
westerly boundary of said Lot 4 to the northwest corner
of Lot 5 of said Subdivision; thence S.02 ° 00'29" W. 56.11
ft. along the westerly boundary of said Lot 5; thence
S.17 ° 48'09" E. 48.94 ft. along the westerly boundary of
said Lot 5 to the northwest corner of Lot 6 of said Sub-
division; thence S.08 ° 40'09" E. 56.16 ft. along the west-
erly boundary of said Lot 6; thence S.27 ° 03 1 33" E. 75.66
ft. along the westerly boundary of said Lot 6 to the point
of beginning, containing 9,425.3 sq.ft. more or less.
•
10.00 A v 29, 1971
Recorded at o'cof.- _ I, - ' e7C'
159905 Pe° ; L. Niklich nr Vi.— f . (I iL .,— ,
Rece No . - - ._... . Pocord r.
- t
1 I
r ?IS DEED, Made this A
..... --' 7 day of April , 19 73, I
I
1 betrcen DESTINATION RESORTS -ASPEN LTD. , a
limited partnership, P.O. Box 2946, Aspen,
of the County of Pitkin and state of
[-------------____ I
Colorado, of the first part, and CITY OF ASPEN, a Colorado
Municipal Corporation, P.O. Box V, Aspen,
of the County of Pitkin and state of
Colorado, of the second part,
WITNESSETH, That the said part y of the first part, for and in consideration of the sum of
TEN ($10.00) DOLLARS, and other valuable considerations, >an xM213,
to the said pary of the first part in hand paid by the said part y of the second part, the receipt whereof
is hereby confessed and acknowledged, ha S remised, released, sold, conveyed and QUIT CLAIMED, and by
these presents do es remise, release, sell, convey and QUIT CLAIM unto the said part y of the second part,
its heirs, successors and assigns, forever, all the right, title, interest, claim and demand which the said
part y of the first part haS in and to the following described lot or parcel of land situate, lying and
being in the County of Pitkin and State of Colorado, to wit:
A tract of land situated in the NA of Sec. 18, TlOS, R84W of
the 6th P.M., Pitkin County, Colorado. Said tract is more fully
described as follows:
Beginning at a point whence Corner No. 1 of the East Aspen Town -
site bears S.15 ° 32'36" E. 500.56 ft.; thence N.19 ° 01'00" W. 11.99
ft.; thence N.45 ° 57'00" E. 110.47 ft.; thence S.75 ° 09'11" E.
17.65 ft.; thence S.47 ° 54 1 00" W. 124.73 ft. to the point of
beginning, containing 1522.9 1522.9 j square feet more or less.
Rrii,)yt G J / W `-' a J c '�'t /L 6 R C 7 ,eat 6 .) 3 en c/ Of
Zeck 5 &hJ 5 ,
TO HAVE AND TO HOLD the same, together with all and singular the appurtenances and privileges thereunto
belonging or in anywise thereunto appertaining, and all the estate, right, title, interest and claim whatsoever, of the
said part y of the first part, either in law or equity, to the only proper use, benefit and behoof of the said
part y of the second part, itS heirs and assigns forever.
IN WITNESS WHEREOF, The said part y of the first part ha S hereunto set its hand
and seal the day and year first above written.
DESTINATION RESORTS -ASPEN , [SEAL]
Signed, Sealed and Delivered in the Presence of LTD., a limited partnership
[SEAL]
_ t) 0_ r , ,, ,
DESTINATION RESORTS, SEAL]
STATE OF COLORADO, general partner
Iss.
County of PITKIN
The foregoing instrument was acknowledged before me this L 3 o � April ,
1973 ,by* DAVID G. BEHRHORST, as Vice- President of D
RESORTS, General Part er.
_ 1973
-Witness commission expires Z � , 19 <„`S. Witness my hand and official seal.
, .... . tegf‘cra--
Notary Public. 1
' I
I
II , . ' . : 11
•If by natural pen ;on or 1WIAOTIw h,•ro tn.ert uanm or name"; if by per, on actlug In ropresentativo or official oapaolty or as
'attorney -In -fact, t In..rt name „r pi reon n:r , , r -utor, atrrnn -lu -feat „r vti r cnpa< -Ity or LIttcrlptlou; if by of lien of cor-
poration, thou Inncrt 1
t S of surti ,n 1:.v , .. or ftl e a
' .a:., it o ,. -, J n r u1 , .n: .. it n .: of r;corporation, corporation, corpllou, nuwing IL— Hfa(n[ory
Acknowledgment, yen. 1S -5 -I Co'oredo itovin.d F +u turmr I9,.'4.
RECORD OF PROCEEDINGS 100 Leaves
FORM % C. F. HOECKEL 0. 0. • 1. CO.
Regular Meeting Aspen Planning & Zoning February 6, 1973
concept before appearing before the Board of Adjustment.
Charles Vidal arrived.
Property located on Durant across from Rubey Park.
Architect explained parking on the site is not practical
because of curb cut and for maneuvering of cars.
Mr. Vidal explained past actions of the Commission have
included trying to discourage parking in the downtown and
to de- emphasize the auto. This property is adjacent to the
C -C zone.
•
Vidal moved to recommend to the Board of Adjustment the
applicant be allowed to live by the same parking regulations
as the C -C zone and all other requirements of the C -1 zone
be met. Seconded by Jordan. All in favor with exception of
Collins who stated he had a potential conflict. Motion
carried.
Destination Preliminary Subdivision Plat and PUD Plat. Acting Chair-
Resort man Adams opened the public hearing.
Corporation
Barbara Lewis and Charles Vidal excused themselves from
the Commission table due to conflicts of interest.
Mr. Bartel explained this application is in two parts; (1)
PUD plan on land zoned AR -1 for the purpose of providing
flexibility in site planning and height of buildings pro-
posed; (2) preliminary subdivision plat. Plat submitted in
anticipation of ordinance now under consideration to include
condominiums under subdivision definition.
Mr. Behrhorst representing the corporation reported the land
is located on Ute Avenue and contains 5.3 acres. Land under
consideration is surrounded by AR -1 property; principal
access will be from Ute Avenue; property steps in grade from
Ute Avenue to the back of the property 20'; some vegetation
of trees on the acreage; attempting to create smaller build-
ings and keep open space; trail system along the east side
of the property to connect with Glory Hole Park and to the
Roaring Fork River. Providing an additional 10' along
Ute Avenue to meet the 80' right of way requirement. West
End will be restricted following Phase 1 and 2 developm ent
and will be landscaped by the owner. First phase includes
45 units, luxury condominiums, owned by out of town owners.
Subdivision plat showed the exchange of easements with Mr.
Benedict for access.
t • •
RECORD OF PROCEEDINGS 100 Leaves
FORM R C. R. XOECKEL B. B. • L. CO.
Regular Meeting Aspen Planning & Zoning February 6, 1973
Ms. J. Poachman was present representing property owners in
the Calderwood area and request consideration by the Com-
mission be tabled until they could obtain counsel and have
sufficient time to review the proposed. (Ute City Protective
Association) Concerned with the impact on services, public
facilities, environment.
Adjacent property owner stated the property isn't quite
surrounded by AR property. The Calderwood area is all
deed restricted to residential single and duplex develop-
ment. Concerned with the fire place pollution, view of
Independence Pass, 150 cars with only one access, trail
mentioned goes through an asphalt parking lot, sanitation
problems, drainage problems, this will affect the entire
community.
Ms. Janet Landry stated the known average employees for
luxury condominiums is one employee per unit, question where
these people will park.
Mr. Bartel explained the P & Z is only a recommending Board,
further considerations will have to be given to the final
plat by the P & Z and approval by the City Council.
Applicant stated the units would be unlimited unit, average
people per unit would be 3.5 and the maximum in this devel-
opment could be 500 people. View of Independence Pass would
not be blocked from Glory Hole Park. Condominium development
parking is usually only 50% used since they are out of town
owners. Have tried to keep the development 50' from the
adjacent properties.
Acting Chairman Adams closed the public hearing.
Commission request the applicant stake out the spot of the
highest building that would be in line with view of Indep-
endence Pass from Glory Hole Park.
Mr. Bartel suggest the Planning and Zoning Commission mem-
bers comments be discussed at a special meeting and findings
be heard at the next regular meeting. Too many technical
problems to be discussed at this meeting.
Commission agreed to hold a special meeting on February 13th
at 5 :00 p.m.
Parking Stand- Mr. Meyring submitted proposed standards to be utilized by
ards, Building the building inspection office. Many spaces are being pro -
Inspector vided but are impractical to be used.
RECORD OF PROCEEDINGS 100 Leaves
Reg. Meeting, P & Z, 2/20/73, continued.
Open Space that Mr. Meyring has before him.
Interpretation It was generally agreed that the application before
the Commission does in fact meet the intent of
the open space requirement in the zoning code
and the concensus of the Commission was that Mr.
Meyring should issue a building permit for this
particular application.
Destination Resort Destination Resort Corporation - Preliminary
Subdivision Plat and Outline Development Plan
Corp.
Barbara Lewis and Charles Vidal left the Commission
table due to conflicts of interest. Bruce Gillis
left the meeting.
Mr. Adams reminded the Commission that a public
hearing had been held and this meeting is for the
purpose of drafting the Planning and Zoning
recommendations to Council. The alternatives are:
approval, disapproval or approval with modifications.
Mr. Wooden submitted a suggested list of Planning
and Zoning findings prepared by the Planning
Office. It was decided that the Commission would
go through the list point by point in making
its recommendations for the outline development
plan.
Point No. 1 - The roof line of the bank of units
adjacent to End Street shall be lowered
in order to create a view corridor that protects
the view of Independence Pass from Glory Hole
Park.
Point No. 2 - The major access to the project
shall be from Waters Avenue via West End Street.
The portion of West End Street from where it
enters the project south to Ute Avenue shall
not be vacated but the developer shall landscape
and mall said street in such a way as to allow
emergency vehicles access to and from Ute
Avenue.
One minor access point for the recreation building
and three parking spaces shall be allowed from
Ute Avenue into the project.
Point No. 3 - The developer shall agree to land-
scape and construct a berm within the 10' strip of
vacated alley north of the project adjacent to the
homes on Waters Avenue.
Point,No.. 4 - The developer shall agree to land-
scape the project according to an approved
landscaping plan and shall enter into a bonding
or contractual agreement with the City that
insures this landscaping is done on a phase by
phase basis.
Point No. 5 - The developer shall provide one
employee dousing unit per construction phase (3
phases are indicated.)
- 2
RECORD OF PROCEEDINGS 100 Leaves
Reg. Meeting, P & Z, 2/20/73, continued.
Point No. 6 - The developer shall agree to
Destination Resort vote for and participate in any special district
Corporation or other method of funding street improvements,
drainage improvements or mass transportation in
the general area as they relate to the project
in question.
Point No. 7 - The developer shall reduce the
number of parking spaces required by the zoning
code by 30%.
Collin s moved to recommend that Council approve
the outline development plan as presented and
attach the six conditions listed above and
further direct the Planning Department to prepare
a resolution outlining said approval and conditions.
Seconded by Goodhard. All in favor, motion
carried. '
Goodhard moved to approve the preliminary sub-
division plat with the following conditions:
(1) major access be from Waters Avenue via
West End Street; (2) dedication of the 4% public
use land requirement be done at the time of final
plat approval; (3) final plat sahll indicate
the location of all proposed dwelling structures;
parking areas, strucutures in common use and
principal landscaping features. Seconded by
Collins. All in favor, motion carried.
Collins stated that he felt the outline dev-
elopment plan should carry as a condition of approval
the recommendations by Planning and Zoning that
density should be reduced in order that useable
open space be provided within the interior
of the project.
Goodhard left the Commission table due to a
possible conflict of interest that was pointed out
by a member of the audience.
There followed a discussion as to how best
useable open space could be provided.
Mr. Wooden pointed out that because one of the
members had removed himself from the Commission
table that new motions should be made and passed.
Jordan then made a motion to recommend approval of
the outline development plan with the seven
points that were previously listed and adding
a number 8 as follows: In order to provide
useable open space within the project, the .
developer shall decrease the number of units
proposed (151 dwelling units) by 25% or by
eliminating one building group, whichever is less.
Seconded by Collins. Roll call vote - Collins
aye; Jordan aye; Adams nay; Vidal abstain;
Lewis abstain. Motion carried.
Collins moved to amend the motion to include the
point that reference be made to the plan as submitted
Seconded by Jordan. Roll call vote - Collins aye;
Jordan aye; Adams nay; Lewis abstain; Vidal abstain. -
3 Motion carried.
- 3 -
4
RECORD OF PROCEEDINGS 100 Leaves
TORY 'n C. F. HOECKEL 8. 3. & L CJ.
P & Z, Reg. Meeting, 2/20/73, continued.
Destination Resort Jordan moved to approve the preliminary sub -
Corporation division plat with the three conditions as origin-
ally stated. Seconded by Collins. Roll call vote -
Adams nay; Jordan aye; Collins aye; Lewis abstain;
Vidal abstain. Motion carried.
Jordan moved to instruct the Planning Office to
prepare resolutions that point out the deficiences
in the present zoning pattern within the City and
suggest that the City Council take immediate
action to remedy these definiences. Seconded by
Collins. All in favor, motion carried.
Lewis moved to adjourn at 9:00 p.m., seconded by
Vidal. All in favor, meeting adjourned.
•
1