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HomeMy WebLinkAboutcoa.lu.su.Mountain Queen.1974 ~/ /""'I, VI.........,Io'" .. . ....r\ .,,,,lititu,,,,, rI...I1. ''''U,,''""'''-/ JULY 19 1974 <g ~..oU 4-:;f- ~"'L Clayton Meyering Building Inspector City of Aspen } Dear Mr Meyering, I would like to bring to your attention a very serious problem that has developed r~raiR~ gr~~inW and drainage between the CARIBOU and the~~TAIN QUE~rojects. Last week I was inspecting the Caribou when I noticed the grading work done on the north side of the MOUNTAIN QUEEN was inconsistant with approved drainage plans of the CARIBOU which is located adjacent to it. The CARIBOU plans were sub- mitted to P&Z and ordinance 1,9 review board and to WRIGHT McLaughlin for approval. This was given with the proviso that a swale at the south side of the Caribou shall be necessary to divert any surface water towards monarch street to the East. This requirement for drainage has been made impossible by the construction of a high fill acess road from Monarch to the ski terminal resulting-In a big ditch against the south side of the CARIBOU. I brought this to the attention of the owner of the CARIBOU and requested that they inform the contractors of the MOUNTAIN QUEEN that a serious situation exists that calls for a prompt remedy. This did not,however, prevent last nights torrents to flood the CARIBOU PROJECT. c.c Tri-Co Management Dwight Shellman P&Z Aspen L.Oates - Steve Wendell In. view of this I would like to go on record withe the Building dept. to give this matter immediate attention by first inspecting situation and consequently issuing a rectification order to ~ the mountain Queen since it is obvious that the high acess road(~ not by any standard represent a drainage solution. / ..:. I appreciate a prompt attention to }II's ma~r l};l.. c rl-, . I. ," ~ 1/ V.'.Hairabod'a" f!J 13311H3H\I '\1'1'\1 N\l1038\1HI\lH 'z rnOH\I^ -. ~" r;P,ol, Q,t U(J-t) y. 7 v April 3, 1974 CERTIFIED - RETtJmr RECEIP'.r REQUESTED Mr. Alb~:t't Jar~t Burk Brevard Builders P. O. Box 816 Ojus Branch Miami, Florida 33163 Dear Mr. Jaret: Re: Mountain Queen Subdivision As you are aware th~ Mounta en SUbdiVision Agreement requir&$ you, ini tiall, 0 attempt to acquire a 2 00 p of lan(i so as to enable the City to (lonstruct a new street between South Monarch andlouth Mill Streets. In the eVent of your failure to do so" we must commence condElll'lnation pro- C"dings, and are to be reimbursed for the costs of acquisition by this me~hod. We are hereby reqUtilsting information as to the status of your negotia.tions with the landowners, or a determination tha.t acqUisition by negotiation are unavailing. AntiCi.pating your Cooperation ill. this matter, I am Very truly yours, SMS:mw ee: Phil1p S. Mahoney, City Manager j{e,rbBartQ]. Cl1: V-O..ollnj: V ,,1)'tJtn'tJt\t.. Lennie Oates, Attorney at Law Sandra M. Stuller City Attorney I ........ ",,"~;./IL"" -. .-, "- INDEMNIT'iCA:GREEMENT THIS AGREEMENT, made this. 22nd day of Jaxl1iarv , 1974, by and between MOUNTAIN QUEEN CORPORATION, a Colorado corporation, hereinafter called the "Owner," and THE CITY OF ASPEN, COLORADO, a municipal corporation, hereinafter called "City. " WIT N E SSE T H: ---------- WHEREAS, the Owner has agreed to dedicate to the public that certain skier's and pedestrian's easement as shown on the subdivision plat for the Mountain Queen Condominiums, as the same is recorded in Plat Book 4 at Page 386 of the records of Pitkin County, Colorado, and WHEREAS, the Owner, in order to make better use of the living areas within Unit 15 of the Mountain Queen Condominiums desires to modify its plans for the Mountain Queen Condominiums to provide for a two and one-half foot (2 1/2') extension of the second level of said Unit 15 into the air space above the skier's and pedestrian's easement above referred to, the width of said extension being two and one-half feet (2 1/2') and the height of the same above the surface of the easement being approximately ten feet (10'), all as shown on the schematic attached hereto as Exhibit A, which Exhibit A is made a part of this Agreement, and as the same is described in the Building Permit Application on record in the office of the City Building Inspector relating thereto, and WHEREAS, the City has no objection to the said exten- sion above referred to, the same being in conformity with land use and building regulations for the site upon which the Mountain Queen Condominiums are being constructed, provided the City is provided with indemnification by the Owner for and against any and all loss, damage and liability for bodily injury or property damage arising by virtue of the ... ... . .- - construction and existence of such extension within the air space above the easement, and WHEREAS, the Owner, for itself and for and in behalf of the non-profit Colorado corporation which it intends to create for the government and administration of the Mountain Queen Condominiums, is willing to so indemnify and hold harm- less, IT IS AGREED as follows: 1. The City agrees that it shall permit the modifica- tion of the building plans of the Mountain Queen Corporation as on file in the office of the Building Inspector of the City to permit an extension of Unit 15 of the Mountain Queen Condominiums project to extend into the air space of the skier's and pedestrian's easement as above referred to, all as more fully set forth and depicted on the schematic attached hereto as Exhibit A and in the plans and specifications for the same on file in the office of said Building Inspector. 2. The Owner shall indemnify and hold harmless the City from any and all loss, damage or liability and from any and all claims for damages on account of or by reason of bodily injury, including death, which may be sustained or claimed to be sustained by any person, and from any and all damages to property, including loss of use and including property of the City,caused by or arising out of or claimed to have been caused by or have arisen out of the construction and existence of the said extension into the air space above the surface of the said skier's and pedestrian's easement; and the Owner shall, at its cost and expense, defend any such claim, suit, action or proceeding, whether groundless or not, which may be commenced against the City by reason thereof or in connection therewith; and the Owner shall pay any and all judgments which may be recovered in any such action, claim,proceeding or suit, and defray any and all expenses, including costs and attorneys' fees, which may be incurred in or by reason of such actions, - 2 - ,jIIo, '"",," '--- -- -- cla~ms, proceedings or suits. Nothing contained herein shall be construed or operate to impose on the Owner any obligation or duty to indemnify, hold harmless or defend the liability of the City or the claim or judgment against it arising from the sole negligence of the City, its agents or employees. 3. This Agreement shall be binding upon the parties hereto and, in the case of the City, upon its successors, and in the case of the Owner, upon the non-profit Colorado corpora- tion which it forms for the government and administration of the Mountain Queen Condominiums project. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year above first written. MOUNTAIN By ATTEST: rR"'hN~!I-' ~ Secretar CITY OF ASPENF,-cOLORADO _'<:? ..// ._,re::'/~0 fl". /.? ./' -,,",,- ,,;:----~""". /,- ~' ,- /. >~--_.... ~---(', "","', _."e.-:.. . C-,r----~ /' j'__e-z-"'/r. 6 ,/ / A'L--...--;. .. By ... /' .-". _.A1'TEST: ......, / .....J' \~../ / .J ;;'r"'-~".., ,', ,/L.' .. ~./~~....... /'" l<,:.Jt.4pu ~---.- ' v - 3 - ~, ~ ~ , i " ; .' .- ~.. ~n~-L~ / I I I / /L. C-d._JL.__ --~~il ~~---- ~ ~-.E;&I -~=~~;;~~~~~~-;~~-=-~-~ EXHIBIT A i._:..,.."......... i ! . ..." ! , """'. , - . i I I + I 1"'1 JI I lQi 1 I ~l ~I .......lj (Q1 ; f 5/C>N:/~ . .d/~C;~en.~./ /..-----.--.-- - 5A=;7~,.-.-.-,,=c:=:=-- Ed::5E-/EI=~ __ I :_z::: z.L.t;#'_..:.:.___._ ~~;~=-~~-;;~~~; ::::;;;,;;;_{/: =>--~ ... ~ ......... --~-_.-:: -"--~-'" .:..-..-.... ------- - - G4'5G/11f==~,c=~ .='-:ZJ~______.__.___ -~..~._- ~~-y' r. .. ... ___ z':.::/B= ----~;:C>t="l7.=. .. .- ""':"':""'-" .....;.";.-.,,... """'\"::;'.'>"'" ;.......,,'....:;;.., ~ . , " I i I I I , I I r-, ~ Aspen, Colorado 81611 July 16, 1973 Aspen P & Z Box V Aspen, Colo. 81611 Re: Mountain Queen Subdivision South Monarch Gentlemen: I have spoken with Mr. Ellis in regard to the above captioned project a number of times, and have also voiced an opinion that I would have to have at least a 1500 gallon fiow of water per minute in the So. Monarch area. In the past, I have asked for two hydrants, one at the beginning of the project, and one on the west side, of which Mountain Queen is to provide a twenty foot easement. There is some .concern of mine, as to whom is to plow this easement and keep it to where we can get our vehicles in the area. I would like to have it .in writing in your final proposal stating the person responsible and who will do the policing to see that it is kept bladed off to the satisfaction of the fire department in order that we can reach the area. I feel there should be no more than four to six incbsof snow on it any one time so that we would be able to get our vehicles along the west side of the Mountain Queen Development. Also, I understand there is some question as to water, which, we are very mUCh concerned with, but I understand Mr. Ellis is now in the process of making tests in the area and should be able to give you that informa- tion better than I. If there are any further questions, please contact me. ,-----Si:ncerely, ')J&~ff1i'~ Willard C. Clapper Fire Chief Aspen Volunteer Fire Department WCC/ec cc: Dave Ellis City Engineer . ..< A .{~ ~ ^ / 1>;: MEMO TO: FROM: Mayor and Councilmembers Dave Ellis, City Engineer RE: Adequacy of Water System to Provide Fire Protect~on and Domestic Water @ Mountain Queen Condominium. DATE: July 16, 1973 The original calculations showed that water could be supplied at the rate of 1250gpm at the base of the Mountain Queen complex with a minimum of 20psi residual pressure. This could be further broken down into 750gpm at the lower fire hydrant (Elev. 7997) and 500gpm sim- ultaneously at the upper hydrant (Elev. 8024) while maintaining a 20psi residual pressure at the upper hy- drant. These calculations were based on the 6/13 pressure reading of 78psi '@ 1:30pm at the Rubey Park fire hydrant. One concern at the July 9th Council meeting was whether or not the pressure readings were taken during the peak flow period. Table I shows the resul~s of readings taken during the past week. Table II compares the time and rate of peak demands this month with Christmas weeK,of last season. The treatment plant monthly consumption figures show that July has historically been the peak demand month, with June and August trading positions as 2nd and 3rd high consumption. The maximum daily flow rate also occurs in the summer months. This data confirms that the new 66psi reading taken at Rubey Park on 7/11 is a reasonable indication of summer peak demand. By reducing the pressures in the original fire flow calculations by 12psi, the same fire flows can be obtained while maintaining a residual pressure of 13psi at the upper hydrant. This is an acceptable pressure for the pumper truck. At l500gpm the pressure drops to 7psi. The second concern was for adequate pressure at the uppermost plumbing fixture in the complex. James Burke & Asso~iates, Mechanical Consulting Engineers on the pro- ject, have provided their calculations on this aspect. The Colorado Departm~nt of Health 1972 Plumbing Code requires a minimum of 8psi residual pressure, which, according to their calculations will be present at peak demand. If the pressure should not be adequate, the Plumbing Code requires the builder to install a supple- mentary pressure tank. Attachments ~ ^ TABLE I PRESSURE READINGS ^ rps ,......L.'\ -DSl. .~ .<:: ;;;((j tJ :>, O+J :... <lJ.l<: 'ClS:: ((j .0:'" ((j ::l S::o . ::l ((j '<::0 00 ~P< CIl:;: :;:,..... DATE TIME WEATHER Tues. ~/IO 11:45am 70 43 36 Clear and hot 1:25pm 70 40 24 Wed. III 10:30am 66 40 34 Clear and hot 11:30 66 . 40 32 High temp. - 840 1:35pm 66 40 32 2:35 66 40 32 4:05 66 40 30 5:05 66 40 30 6:10 66 40 32 . Thurs. ~/12 11:35am 90 63 56 Cloudy and rainy 2:00pm 85 60 50 High temp. -770 4:05 82 60 48 Fri. 113 11 : 35am 86 60 50 Clear in morning 2:55pm 97 70 63 Cloudy and rainy in . afternoon 4:15 97 70 63 High temp. - 690 P '!"' .. f""', .~ TABLE II WATER TREATMENT PLANT EFFLUENT FLOW RATES DATE TIME PERIOD OF MAX. FLOW FLOW RATES IN MGD COMMENTS MAX MIN Mon. 7/2/73 llam-8pm 6.2 2.6 7/3 " " 6.2 2.6 In addition t 7/4 " " 6.2 2.6 filter plant 7/5 " " 6.2 2.8 effluent, Lit 7/6 " " 6.6 3.5 Nell well add 7/7 " " 6.0 2.8 360,000 ga1/d 7/8 II " 5.6 2.6 to system in 7/9 II " 6.4 2.8 7/10 " II. 6.4 2.8 7/7 &'7/8-c10 7/11 II II 6.4 * 4.0 weather 7/12 II II 5.2 4.2 7/12& 7/13 ra 7/13 II " 1.8 *6.4MGD=4444g Sun.12/24/72 8:30-9:00am 4.2 1.6 . . 12/25 4:30-5:00pm 4.2 1.6 12/26 8:30-9:30am 4.4 1.6 12/27 6:00pm 4.6 ** 1.6 **4.6MGD=3194 12/28 8:00-8:30am 4.6 1.6 12/29 5:00-5:30pm 4.5 1.6 12/30 8:45am & 6i>~ 0 4.4 1.6 12/31 9:00am & 5i>~O 4.6 1.6 1/01/73 9:30am & 4i>~5 4.2 1.6 Note: Data provided by Jim Marka1unas from continuous flow recorder charts. '" o tIe ed ay July. udy iny pm gpm --- I"'"' TABLE III ELEVATIONS LOCATION ELEVATION * 1. Fire hydrant @ south end of S. Aspen (Shadow Mountain) 7992.86 2. Hose bib on south side of Monarch 700 Condominium 7991.11 3. Fire hydrant @ SW corner of Rubey Park 7929.43 4. Shadow Mountain Condominium Unit #21 - 2nd Floor level (highest unit in complex) 8064.30 5. Mountain Queen Condominium, highest finished floor level 8051.53 * All elvations except Rubey Park fire hydrant provided by Tri-Co Management. I''''''' "'" \ li\~;ES ~T:::':~ 2: r~:::':,:':~::;~iT:;, r'lS. \".. CG;iSULT!i'.:'~ ;::~~S:i'~t;:;:';:(') 345 ff:oin St. C;.acd Ju"olion, Colo. ~At. Qltt"'l<'V\ Wo...t"C\. ~s.s,L-l\c.. [leu. 8 -tap \'vle<~-\- !;2.\);.Twtc:.. 805403 ~T- IS UV\t1-:::. .....,','t{\ Z klo..+t.. <0'COwf'::> eC\.. =. IBO I ~ ? \. ...,., . \ '- C \. A I .\- b'Z. <;)\-lW\ '+',\\'V._ "" ,,,,,,o,'~'I\\ 1['1;'''-'\ VVI'C.. ,C'<" .::. P\'t'h\c.) 6-.p -Prk\-ic\'-\' f\~c>',^ El-.;>Q. 7~'2.8-to (';J'Cc.. C.Q-vVI pu. -t-e..... +a p <=. ) F. <.t. "" ~Z 5PIIV\ .. O. '2.. '0 -41- H-z.O (~ee 'O\'"o.-p''''.) -}..'P ~\x...h.t,("e. 0:;: 2. S ~'S ~t H;::.O. 'Pces'bu-v"C:: e Ele0. 702.';) = (;10 p~i X 2:31 '" 1102.4-(", f+ H't-O 80'5'1,.03' - 7~?.Si.O~':: 1'2.5.03 .f+ eleuo,.-\ioV\. &iffe-I('"e_lt\ce. IS'2..4(p ,et - 12'5.0'3 - 27.43 ft -0+0..+,'<:. heCl.J.~e$(d.U&1 P'\~~...!r-e Z7.4~:- Z.77'Cv,?etcv1 pipe. lo...~)::: Z4.(OC:. .Pt ... . Z4.bb'" .43 f.2\ ::. )C?.:.'::._P.~I 0..+ 'tep {:\~tu'("e -P-lowill\') I.S ~'Pv.... t Tl Pte~.;?U.'("e.. G: E!e~. 7~C:>e,.::. 40 pc;,i )<.. OZ. ~I .:: '?I3.D2/ l-1~O l)C>5'!-:.Di, - 70:><:::>'!J' "" 6>1.05"f't deo. dl'ffel("'e.v.c..e. C::>3.0'2.. -Pt - foLC>3 f-t ='~I. ~~ ft ~to..~ic. h~d 'l'c."...idLla..\ p'(~;,u...re. . 31.~c;, ft - 'Z.77I(vn::te,<, '5 f'ipe!o~) :: ZS.Z2 ft. .. z.~.Z'2.)(.. .40: ~,?(p...E!"\ <i2 .-+Cp f!iXTu~e....-fb",(w:>I.S:)p\M. _ ._.n..,,"._._. ....__., __.__...__, ~.._..._ -'~"'-'-""-"-""'.""""""-"- .-- "'--".-.-, "" -_...__....~.-. --__ m_._____. ___, --,-" .. "_-'--~_.,-_._-'._._-",--~-- . ---.,-..------.--. .-."..--- .-." "------.-- -----._---- ,. ....---.. . -.-.-...".-". .. -.-.....-.-.,------..~..,- _.__ '_n "-'-".',,,--,, n._.._.,_.... _ 'U",._.,.,.".,. .'".. ---......-- ... ".--'.-.--.-. ._"__.'4__. ,"._+_. ._._ ._.. n." -.---"_.... .._._.._._...,~-_. u._. "__..___.._u.._.....__. "___..,.._._.._.,,_ _ _. ____0_.__...__..____" _"__"_ __._" _"'___ _._ __'_"n..._.. ....... -''''--.,..-.--- ...-.--- ..... .---...--...-.-... - .-____. ._..___.. ___. u_.. __.. ._--._........... -. ..-------...-.---__.__.__ ...___..n_.._.. ___.. .. -...... "P' ,,:.',;,,.-~ .. II Ii ;-1 I: ~ " II , " I' II I II if 'I 'I II i' .--.-" .--------.-.-....,..- .",....., ~ ASSIGNMENT OF CONTRACT WHEREAS, under date of i I I i , I I I , I , i , I I , I I i I I I I July 9, 1973 , the undersigned corporation entered into an agreement with the J' i I I 'I I, I ,! Ii Ii II I I , JI I II II II II " 'I 11 i' II Ii Ii ASPEN. :i " I, CITY OF ASPEN a copy of which agreement is attached hereto and made a part hereof, marked Exhibit A; NOW, THEREFORE, for and in consideration of the sum of Ten Dollars ($10.00) and other good and valuable consider- ation paid to the undersigned by BURK BREVARD BUILDERS, INC., a Florida corporation qualified to carryon business in the State of Colorado, receipt of which is hereby acknowledged, the undersigned does sell, transfer, assign and set over to the said BURK BREVARD BUILDERS, INC., all of its right, title and interest in and to the attached agreement (Exhibit A) between the undersigned corporation and the CITY OF And the said BURK BREVARD BUILDERS, INC., covenants ii Ii with the undersigned corporation as follows: II Ii I' Ii !i ji II Il discharged by the undersigned corporation under its contract ii Ii if Ii II Ii .. " 'I I, II II II Ii " 'I :1 " jI II it II I' :I !I !I ii 11 1. To assume and faithfully perform and discharge all of the terms, covenants and obligations to be performed or with the CITY OF ASPEN. 2. To deliver to the undersigned corporation, upon demand, such additional assurances of its intent to faithfully perform thereunder as may be reasonably required by it. DATED: January 31, 1974. MOUNTAI By resident :: AT~:~I~~?1f.oJ; . ,. 11 _ L~ ,- 11 II ~~1 j . ._' ,--- ff ~^(C"ORI',ORATE .R .,"' 1:i Ii ~ SEAL) " :.\ Ii II \1 II II .. . 'I I ,I II II II 'I 'I !i I !I , i II II I I I 'I I, 'I I II II II I I I I II Ii '. II 'I I. II Ii II 11 II II II Ji Ii 11 II I' ii II ,I II II " Ii II " II Ii I' tI Ii II Ii II I' ,I " ., Ii I. " i! ii II H " II Ii !! j: I. II I, II 'I 'I H '1 " J! ii Ii (1 "'" ~ ACCEPTANCE OF ASSIGNMENT The foregoing ASSIGNMENT OF CONTRACT is accepted in accordance with its terms. DATED: rOi 31 B~ 'NC. President , 1974. BURK By ". (CORPORATE SEAL) CONSENT TO ASSIGNMENT FOR VALUE RECEIVED, the undersigned hereby consents to the assignment above made. DATED: ~~ ~? , 1974. CITY. OF ASPEN BY~---h_~~~~?;i - 2 - ~, '-.. -+" ~ ~.,'~" '4".".... __A' , I . .,\.'~ rec~'art 10:25 A.M. No. ~~olb55 Recorder ,......-'.-,. Filed for Reception July 17, 1973 ~ Peggy E. MiklUh. bJOK 277 fAGE 883 SUBDIVISION AGREEMENT FOR MOUNTAIN QUEEN CONDOMINIUMS THIS AGREEMENT, made this 9-!f day of July, 1973, by and between the CITY OF ASPEN, Colorado (hereinafter some- times called "City"), and MOUNTAIN QUEEN CORPORATION, a Colorado corporation (hereinafter sometimes called "Subdivider"), WIT N E SSE T H: WHEREAS, Subdivider has submitted to the City for approval, execution and recordation, a subdivision plat for the development of a condominium apartment project on a parcel of land situate in a tract of land situated in the Wl/2 NWl/4 of Section 18, Township 10 South, Range 84 West of the 6th Principal Meridian and in the El/2 NE1/4 of Section 13, Town- ship 10 South, Range 85 West of the Sixth Principal Meridian, Pitkin County, Colorado. Said Tract encompasses all of Lots 45, 46, 47 and 48 and part of Lots 44 and 49 of the Little Chief Lode, M.S. 5850 (hereinafter sometimes called the "Subject Property"); and WHEREAS, said plat of the SUbject Property encompasses land located within an area entirely in the City of Aspen, Colorado, which is zoned AR-l; and WHEREAS, The City has fully considered said plat, the proposed development of the Subject Property and the improve- ments proposed to be placed thereon, and the requirements to be imposed upon the improvement and development of the Subject Property and upon other adjoining or neighboring properties by reason thereof; and WHEREAS, The City is willing to approve, execute and accept for recordation said plat upon the agreement of subdi- vider to the matters hereafter described and subject to all the requirem~nts, terms and conditions of the City of Aspen Subdivision Regulations now in effect and other laws, rules and regulations now in effect; and ,-~ *' i""""'. ,.-" dJOK277 PAGt884 ,,,. WHEREAS, the City has imposed conditions and requirements in connection with its approval, execution and acceptance for re- cordation of the plat and that such matters are necessary to pro- tect, permit and enhance the public safety and welfare; and WHEREAS, under the authority of Section 20-9 of the Munici- pal Code of the City of Aspen, Colorado, City is entitled to as sur- ance that the matters hereafter agreed to will be faithfully per- formed by the Subdivider. NOW, THEREFORE, in consideration of the premises, the mu- tual covenants herein contained, and the approval, execution and acceptance of the sUbdivision plat of the Subdivider for recorda- tion by the City, IT IS AGREED AS FOLLOWS: 1. Subdivider herewith submits to City a subdivision plat of the SUbject Property prepared by Trico Engineering which fulfil s all requirements of the City of Aspen Subdivision Regulations. 2. Subdivider shall provide City with recorded copies of its executed grants of perpetual public easements for fire equip- ment access and water drainage. 3. Subdivider shall submit to the City Engineer a copy of its site plan, building plans and topographic map for an appraisal and recommendations by him as to the water drainage plan. 4. (a) Subdivider shall, at its expense, prior to the is- suance of a Certificate of Occupancy for the improvements to be placed upon the subject property by the SUbdivider, construct a retaining wall as shown on its plans and specifications on file wi the City Building Inspector as a part of its application for a building permit, between its northerly property line and the 700 Monarch Condominium Building along the southerly line of the land being dedicated by Subdivider to City for a new street to an esti- mated height of 4 to 5 feet, the specific height of which wall shall be determined by the City Engineer from Subdivider's topo- graphic map of the SUbject property. (b) The Subdivider shall also provide a 6-inch water line together with a 6-inch hydrant for installation adjacent to t e subject property, to include all costs of material, installation and inspection. 5. Subdivider shall pay to the City the cost of 140 linea feet of 8-inch cast iron pipe and one 6-inch fire hydrant for installation by City or it's contractor in the street to be -2- /""'\. .~ .,' OJOK277 PAGE88 created across the land being granted by Subdivider to City. The agreed estimated cost therefor, complete, in place and ready for use is $3,200.00. 6. Subdivider shall pay to the City's Water Depart- ment Capital Improvement Fund an amount equal to the cost of 785 lineal feet of 8-inch cast iron pipe for expansion of the City's water system in Monarch Street (from the intersection of Durant Street and Monarch Street to the Subject Property) not to exceed Eleven Thousand Five Hundred Dollars ($11,500.00) in consideration of which the City or its contractor shall instal such water expansion in the summer/fall of the year 1973. Subdivider shall be entitled to receive rebates upon the amount paid under this paragraph from time to time upon the following formula: For each land development hereafter along Monarch Street between Durant and Summit Streets (including east/west side streets, Summit, Snark, Gilbert, Hill, Juniata, and Lawn, but not limited thereto) for which the cast iron pipe to be installed by the City hereunder shall be utilized, the sub- divider or land developer of such land development shall be required to pay to the City, in addition to all sums normally or specially required to be paid to the City for connection to its water system, a sum equal to the front footage (in feet) of the proposed land development abutting on Monarch Street or in the case of land developments on side streets or interior of either side of Monarch, the side lot line footage parallel to Monarch Street, multiplied by one-half the cost per lineal foot as herein determined; PROVIDED, HOWEVER, the term of this rebate provision shall be ten (10) years, or until the subdivider shall have recovered One Hundred Percent (100%) of his total cash outla hereunder, whichever shall first occur, and thereafter this provision of this agreement shall be of no further force and effect. On completion of the above described improvements, the City will by letter notify Mountain Queen Corporation of the complete cost thereof. On failure of the Subdivider to protest the same, these costs shall be the final determination in calcu- lating any rebate hereunder. -3- /""'\ ~ bOOK277 PAGE886 7. In lieu of that certain previous Agreement between them dated October 30, 1972 (a copy of which is attached hereto as Exhibit "A"), the parties substitute the following: Upon the City's acceptance of Subdivider's subdivision plat for recording, Subdivider shall grant to City an easement twenty-five (25) feet in width across land owned by Subdivider as shown on the subdivision plat filed by Subdivider and as described in Exhibit "Bn hereto, as previously agreed to, for use for pUblic pedestrian access to the ski terrain and the Number lA ski lift of Aspen Skiing Corporation in its present location, At the same time, Subdivider shall grant, by dedi- cation to City, Subdivider's fee simple title to a parcel of land twenty-five (25) feet in width as shown on its subdivision plat and as described in Exhibit "c" hereto for use as a pUblic street, also as agreed to in said Exhibit "A". Subdivider has agreed with City that the parties will use best efforts to acquire by donation fee simple title to a strip of land twenty~five (25) feet in width which will extend easterly with a slight jog to the north and be a continuation of the strip described in Exhibit "Cn so as to create a new street between South Monarch Street and South Mill Street in Aspen, Colorado. In the event the parties are unable to obtain the conveyance of the adjacent property required for the completion of the creation of such street, the Subdivider shall be required to use best efforts to negotiate for the purchase of the same, at its expense, for a fair and reasonable consideration. If Subdivider is unable to acquire said land by donation or for a reasonable and fair consideration when required by the City, the City agrees promptly to prosecute a condemnation suit under its right of eminent domain to acquire said land and Subdivider agrees, upon the occurrence of the conditions stated in the subparagraph above immediately preceeding to pay the City for that portion of the reasonable and necessary costs incurred by the City in such an action, including but not limited to the price adjudicated by the Court for the value of the land condemned, for which it (the Sub- divider) obligated itself under Exhibit "A", the intent hereof -4- bOOK277 PAGE887 being that Subdivider shall pay, as nearly as can be determined, 1"""\ ,,-,. the amount which would have been necessary to acquire the property contemplated by virtue of paragraph 8 of Exhibit "A", the value of which shall be a matter of determination in any condemnation actio In return for making a grant of private land and for payin brought hereunder. Payment for such reasonable and necessary cost shall be made to the City within thirty (30) days from billing. for the acquisition by the City of private land for public use, th City agrees that Subdivider shall be entitled to construct the fif teen (15) condominium units, manager's apartment and other improve- ments as shown on its building plans and application for building permit which has already been submitted to the City Building Inspe tor 8. Subdivider shall landscape the subject property after completion of its construction work according to a landscape plan submitted to the City Engineer by Copland, Finholm, Hagman and Yaw, Architects. Such landscaping improvements shall be substantially completed prior to the issuance of a Certificate of Occupancy for the improvements to be placed upon the Subject Property, and no later than September 15 1974, at a minimum expenditure by the Subdivider of Six Thousand Three Hundred and nO/lOO Dolla s ($ 6,300.00 ) . 9. In order to insure compliance with paragraphs numbered 4.(b}, 5, and 6 above, Subdivider will place funds in an escrow account at the Bank of Aspen according to such appropriate escrow agreement as shall be satisfactory to the parties and that finan- cing institution. 10. Notwithstanding anything contained herein or referred to the contrary, Subdivider, in developing the Subject 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 governmental agencies and bodies having jurisdiction. 11. Upon execution of this Agreement by the parties hereto and provided all other conditions as herein contained have been met by Subdivider, the City agrees to execute the plat of Mountain Queen Condominiums and accept the same for -5- ~\ .'-'. bOOK277 PAGE888 recordation in the recording office of Pitkin County, Colorado, upon payment of recording fees and costs to City by Subdivider. IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals the day and year first above written. '';,- ;'..;..-. o '~',~J-,- . ".."', :)tT'l:EST(,;. _.,<;/ ~~~ :.ili~f CITY OF ASPEN, a Colorado MuniciP~poration ~ (,.,..//"/ - ?"~ BY/~ /' Mayor '- ~ ,,--- {I ,.......,' . ."'" .;.~' '" ~I'.,>;(,~;/f.:'):'.:);, ,"" 1,1 Au:, "., ..A.... /<.~': .. c~ ,?;-,;T~;i"~' .: ..: ,f..' A,; f.-' (j"") ;";1- ti':. :,,~'~\"'~"': ~_, ,:r( ~ ~};; ~ ~ ~: ~ r;jlf~.!liti;:t ~. .(-0 {~~'.~ t/#/{:t:'~" .. ';}j.. :A",':~<:tr: ",. I 1 'J~,~,-.L~:t';,,})-.;, .~~~~O/n~ l~sistant Secretary QUEEN CORPORATION -6- -!' ,..\ ~ ~'. r biJUK277 PAGE892 EXHIBIT "B" TO SUBDIVISION AGREEMENT FOR MOUNTAIN QUEEN CONDOMINIUMS A tract of land situated Township 10 South, Range Pitkin County, Colorado. cribed as follows: in the NE 1/4 NE 1/4 of Section 13, 85 West of the 6th Principal Meridian, Said tract being more fully des- Beginning at the Southwest Corner of Lot 20, Block I, Connors' Addition whence the Northeast Corner of said Section 13 bears N 10"55'14" E 1223.66 feet; thence S 70"03'10" E 98.84 feet along the southwesterly line of said Lot 20; thence S 15"46'06" W 25.07 feet; thence N 70"03'10" W 85.42 feet; thence N 11"25'30" W 29.28 feet to the point of beginning, containing 0.053 acres more or less. . . 1"""\ /""'\ j'. I buu~277 PAGE893 EXHIBIT "c" TO SUBDIVISION AGREEMENT FOR MOUNTAIN QUEEN CONDOMINIUMS A tract of land situated in the NE 1/4 NE 1/4 of Section 13, Township 10 South, Range 85 West and in the NW 1/4 NW 1/4 of Section 18, Township 10 South, Range 84 West of the 6th Principal Meridian, Pitkin County, Colorado. Said tract being more fully described as follows: Beginning at corner No.3 of the Connor Placer, M.S. 2535; thence S 75000 '00" E 122.55 feet along line 3-4 of said Connor Placer; thence S 20052'00" W 25.13 feet; thence N 75000'00" W 121.02 feet; thence N 70003'10" W 47.27 feet; thence N 15046'06" E 25.07 feet; thence S 70003'10" E 47.99 feet to the point of beginning, containing 4235.1 sq. ft. more or less. . . . ~ ~ bJUI\277 PAGE894 July 16, 1973 The City of Aspen Aspen, Colorado Gentlemen: This letter shall constitute the agreement of the undersigned subdivider of Mountain Queen Condominium Apartments that if the domestic water supply pressure provided to said apartments by the City is less than that which is required to meet the customary and normal needs of the occupants of all units in said condominium develop- ment the undersigned will take such action as is necessary to correct such deficiency and will maintain any such corrective facilities as are required. This agreement shall bind the undersigned and its successors and assigns, including but not limited to, any association of owners of condominium units in Mountain Queen Condominium Apartments. Yours very truly, MOUNTA N QUE By CORPORATION ,-., ~ MEMORANDUM TO: Aspen City Council FROM: Planning Office DATE: June 21, 1973 SUBJECT: Mountain Queen - Final Subdivision Plat Submission Fourteen (14) unit condominium on 1.091 acres. located at the south end of Monarch Street. The project includes a tennis court with enclosed parking under the tennis court, a swimming pool with related facilities; a manager's office and apartment; maids' quarters; limited on grade parking. The Planning and Zoning Commission has recommended approval with the suggestion that Council make its approval conditional upon: 1. An agreement with the applicant to secure a street ROW extending Summit Street straight through from Monarch Street to Mill Street. 2. The easement from Aspen Skiing Corporation be specifically designated for fire access. and that the Mountain Queen Condominium Association assume responsibility for maintenance of the easement for fire trucks. Additional information has been received from the City Engineer and the city's water consultant subsequent to the planning commission's recommendation on final plat approval. This information indicates that the existing water system is inadequate to provide minimum fire protection for the de- velopment, and that there is no immediate solution to correct the deficiency. Therefore the Planning Office recommends final plat approval be tabled until corrective measures have been determined and adequate fire protection can be provided. ~ ^ . MEMO TO: MAYOR AND CITY COUNCILMEMBERS FROM: DAVE ELLIS CITY ENGINEER RE: MOUNTAIN QUEEN SUBDIVISION PLAT AND AGREEMENT DATE: June 21,1973 In very recent developments resulting from a study of the. water system and from discussions with the City's consulting water engineer, I cannot recommend the Mountain Queen Subdivision for council approval because of inadequate water supply for fire protection. In addition to this primary r,eason, there are other deficiencies in the proposed subdivision agreement at this time and therefore it has not been attached. William Clark, attorney for Mountain Queen, has agreed at the City's request to table the matter. He has requested reSCheduling at the first regular meeting in July. . / 1& . r, /""'\ . -.(./ p.~. wi .. IfW' 3, Cli;;J.-7:5 (;)~ - / -1 :?u&d;~ t?-U6"'~f.-/..~,"," ~{ ~fe", 0jiz/73 ~L4t;~~'fd:~';;~f-r4~~Tu-/; ----.------ --PH/'JT~]k"...~du-I.J!~U. ~.""'... ~jf;-;J_ ~~-'~~~. ..', :;~- ;r~~r~ I p ~~. . -,~ Y. \L . ~ I:'e''' . 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'-. ~ , :J Ii Il ., " iI !l II Ii II I I 'J I II ji I II I I I I /""'\. ~. 1 PET1TION i 1 i , Pursuant to Section 20-10(b) of Ordinance Number 4, I 1 (Series of 1973) the Mountain Queen Corporation respectfully i I I petitions the Planning and Zoning Commission and the City Councill , , of the City of Aspen,Colorado to grant it an exemption from I the definition of a subdivision set forth in Section 20-2(a) of I , . Ordinance Number 4, (Series of 1973) for its condominium project on real property described in Exhibit A attached hereto and as grounds for its request submits the folloWing: 1. The proposed division of land into fifteen (15) condominium apartments plus a manager's apartment is not within the inteqt and purpose of the above mentioned Chapter 20 and strict application thereof would impose undue hardship on the petitioner. 2. Planning and architectural drawings for this project were well underway before condominium building projects were included within the definition of subdivision by the City of Aspen. 3. During the project planning phase and before adop- tion of the subdivision ordinance, the City Planner and Building Inspector were consulted from time to time by the petitioner's architects and other representatives resulting in a proposed project which will offer: a. low density b. low visual building impact and profile c. underground parking structure d. significant open space '. I I I the City to improve traffic circulation in the I area of the base of the Aspen Ski Corporation's I . j No. lA lift I f. gran ting nf an eas_en' acrnss 'he peti tioner' 51 property tb permi t improved skier access to said I lift and to improve vehicular traffic circulation. I ! I, e. an agreement with.the City to donate land and pay for the acquisition of other land to permit ..~. '. ~ .~. " Li Ii Ii ,I I street 4. The proposed project has proper access to a city and to all utility services. 5. Petitioner has agreed in a hearing February 8, 1973 be.fore the Ci ty of Aspen Board of Adjustment to cooperate fully with the A=pen Fire Protection District in providing a sound and workable fire protection system for the apartment units to be erected on the petitioner's property. 6. Petitioner will offer in further support of this petition the graphic portrayals of the project which were pre- sentedto the Aspen Board of Adjustment resulting in its unani- mous approval of the project. It is submitted that the petitioner's actions in planning this project as described above is sufficient evidence that it is not attempting to subvert the intent of Ordinance No. 4 but in fact has been working to accomplish the same goals as are intended by the controls established by Ordinance No.4. In view of the time which it has taken to plan this project and the imminent arrival of the building season it is submitted that the recent adoption of Ordinance No. 4 (Series of 1973) at the time when petitioner is ready to apply for a bUilding permit coupled with a strict application thereof to the petitioner will prevent it from being able to build its project in 1973 and will MOUNTAlN QUEEN CORPORATION BY\ \n~'i \k -, -2- ., II EXHIBIT "A" to Petition I""". r... ".-----:;------...-- ~........._._-..-.- ..'-.....~ ..-.......-____..A '_......_.._.;....__..__... " ., I '. 1:1 . . i I I .~ ( f t i i '. , ; Nove."llber 22, 1972 . File: 72-103-1 Boundary DESCRIPTION" A TRACT OF LAND SITUATED IN THE W 1/2 NW 1/4 OF SECTION 18, TOWNSHIP 10 SOUTH, RANGE 84 WEST OF THE 6TH PRINCIPAL MERIDIA..... . AND IN THE E 1/2 NE 1/4 OF SECTION 13; TO~SHIP 10 SOUTH, RJu....GE 85 WEST OF TIlE 6TH PRINCIPAL MERIDIAN, PITKIN COUNTY, COLORADO. SAID TRACT ENCOMPASSES ALL OF LOTS 45, 46, 47 AND 48 AND PARTS OF LOTS 25., 26, 44 AND 49 OF THE LITTLE CHIEF LODE, M.S. 5850 AND IS MORE FULLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON LINE 2~30F SAID LITTLE CHIEF LODE, M.S. 5850, WHENCE CORNER NO.2 OF SAID LITTLE CHIEF LODE BEARS N45000'QO" E 110.27 FEET AND THE NW CORNER OF SAID SECTION 18 BEARS N 01"00'.57" W 1309.03 FEET; THENCE S 45000'00" W 19.63 FEET ALONG SAID LINE 2-3 TO THE MOST NORTHERLY CORNER OF SAID LOT 48; . THENCE S 19058'41" W 110.90 FEET ALONG THE SOUTHEASTERLY LINES OF SAID LOTS 48 AND 47'1'0 THE MOST SOUTHERLY CORNER OF SAID LOT 47 ALSO THE MOST WESTEIU'.Y CORNER OF .LOT 24 OF SAID LITTLE CHIEF LODE;. THENCE S 67019'58" E 61.11 FEET ALONG THE SOUTHWESrr'ERLY LINE OF SAID LOT .24 TO THE MOST .SOUTHERLY CORNER OF SAID LOT .24 ALSO THE MOST NORTHEIU'.Y CORNER OF LOT 16 OF SAID LITTLE CHIEF LODE; . .. THENCE S 17044'18" W34.00 FEET.ALONG THE NORTHWESTERLY LINE . OF SAID LOT 16 TO THE MOST WESTERLY CORNER OF SAID LOT 16; . THENCE N 65046' 50" W 72.34 FEET TO Ii. POINT ON THE SOUTHEASTERLY LINE OF SAID LOT 46; THENCE S 37013'00" W 73.02 FEET ALONG THE SOUTHEASTERLY LINE ' OF SAID LOT 46 TO THE MOST SOUTHERLY CORNER OF SAID LOT .46; THENCE N 83Q51'10" W 78.68 FEET TO A.POINTON LINE 2-3.0F . SAID LITTLE CHIEF LODE; ... . . .. THENCE N 11"25'30" W 278.24 FEET; , THENCE S 70003'10" E 132.:69 :FEET; THENCE S 75000'00" E 129~88:FEETTOTHEPOIN'l' .OF: BEGINNING, '. CONTAINING. 0'.'983 .ACRES MORE OR LESS;. . . " '. ,'" '" . . ". .. , . .' , !- ." '. .~ '", ~ .....' . . ".', . '. A Subsidiary of TricQ Corporation . Offices throughout the West .'. , , " , ,.' ... . . .' .' . .. . -, . .,", ",", ,..'. , " : ~ ' ; ,.. " 'd ;.', " .:. ,':;. .. """ .. , ...., /.. ,...... ','., )- '.' ....,.. I, , ,.' ,'. .' , '." . , ,:. " d{j' : .. .(;" . . , . ;,.' ", 'v.; " ' r.~ '. ,< '"':"';~''"'''', /~~":,'r!, ..~~ ,~1,~. ,....,...v.."". ,." ~.',~. ., ")'.......'.....""",:"1"';.,.. ,~,.." Ii' ." .:, ''':....... :,~""'>'!':.~.. n.;:~...,-. '.''':"''',"'''J'~'~'''''''''~;'l..~,...~,' ~.,; "~'~~"J~:;,:-:'." ,., ..'~' ,"'~_'...." ~~'''1P'r,<r,"~,~r ':-"'-'I'I;m~:v, . f"""'" ."~~' ~- ,.$ .".. ~ ~ A G R EEM E.N T THIS AGREEMENT. made between MOUNTAIN QUEEN CORPORATION a Colorado corporation. {herein referred to as "Mountain Queen"), and the CITY OF ASPEN, a Colorado municipal corporat:ion, (herein referred to as "City"). WITNESSETH: 1. Mountain Queen intends to develop real property on Aspen Mountain situate near the base of Aspen Skiing Corpor- ation's Number lA lift and the southerly end of Monarch Street. 2. In order to assist in the more orderly movement of traffic, vehicular, skier and pedestrian, Mountain Queen has agreed with the City and with Aspen Skiing Corporation to obtain and make available landfor use for a public street and skier's easement. 3. Attached hereto as Exhibit A and incorporated as a part hereof, is a plat showing an area outlined in yellow. blue. orgnge and green, which is the general course of the skier's easement and street. Exhibits B through E inclusive are legal descriptions of the land necessary for such uses. ~ 4. Mountain Queen agrees to grant to the City of Aspen an easement twenty-five (25) feet in width across land owned by Mountain Queen as shown on Exhibit A and as described in Exhibit Pfi.De.1JTfl-I/}N B for use to providepublicAaccess to the ski hill and the Number lA ski lift of Aspen Skiing Corporation in its present location. 5. Mountain Queen warrants that it is the owner in fee simple of the land described in Exhibit C and agrees to grant by dedication to the City of Aspen all of its right, title and interest: in and to a parcel of land twenty-five (25) feet in width across land owned by Mountain Queen as shown on Exhib;it A and described in Exh;ibit: C for use as a public street. 6. Mountain Queen has attempted unsucc.essfully to , ~'-:- /-'\ ,~ .' acquire from Daly Construction, Inc. certain land lying easterly of Mountain Queen land for the purpose of dedicating a portion of the Daly land to the City for use as a public street. The Daly land neces.sary to such street is outlined in blue on Exhibit A and is described in Exhibit D hereto. 7. Mountain Queen has discussed with Hans Cantrup as representative of the owners of the land outlined in yellow on Exhibit A the possibility of acquiring said. landfor use in the project described herein. Mountain Queen will use its best efforts to acquire said land from Hans Cantrup or the legal entity which owns it and, if successful, will grant it by dedic- ation to the City as described in Exhibit E for use as a public street. 8. The City agrees that if the land referred to in paragraph numbered 6 and 7 above is not granted to'the City by A F'Y" I .3CJ, /'170 , it will take such action as it deems necessary to acquire said property for US.e as a public street, including but not limited to a condemnation suit under its right of eminent domain. Mountain Queen agrees to pay the City for all reasonable and necessary costs incurred by the City in acquiring said land, including but not: limited to the price allocated to the land and attorneys fees, which payment shall be made to the City within thirty (30) days from billing. 9. In return for making a grant of private land for public use the City agrees that all such grantors shall be en- titled to use the area granted by them in computing density availability under City zoning in future building projects on land adjoining the granted land. The City furthe.r agrees that in the event it changes the zoning classification of the land owned by Mountain Queen described in Exhibit F, attached hereto, from its existing AR-l (Accommodations and Recreation) class- ification, it will not prevent or reduce the density within the development project as previously submitted to the Board of -2- . . .~ -. Adjustment of the City of Aspen, Case N4mber 72-3, and that the density of said project not exceed nineteen (19) units. Dated this .clQ day of (J)~...:> , 1972. ATTEST: ~?~ . . Secretary '''--.. CORPORATION By: CITY OF ASPEN, a Colorado municipal c rporation By: ATTEST: City -3- ,. ". w EXHIBIT"F" '. ~ . " ~ ~ TRI-CO Management, Inc. . Planning' Design' Surveying' Engineering. ConstructiOn and Management of Land Box 1730 Aspen Colorado.81611 303.925'2688 October 18, 1972 72-103...1 Boundary DESCRIPTION " , ,.' A TRACT OF LAND SITUATED IN THE NW 1/4 NW 1/4 OF SECTION 18, TOWNSHIP 10 SOUTH, RANGE 84 WEST OF THE 6TH PRINCIPAL MERIDIAN AND IN THE E 1/2 NE 1/4 OF SECTION 13, TOWNSHIP 10 SOUTH, RANGE 85 WEST OF THE 6TH PRINCIPAL MERIDIAN, PITKIN COUNTY, COLORADO. SAID TRACT ENCOMPASSES ALL OF LOTS 45, 46, 47 AND 48 AND PARTS OF LOTS 25, 26 AND 44 OF THE LITTLE CHIEF LODE, M.S. 5850 AND IS MORE FULLY DESCRIBED AS FOLLOWS: , BEGINNING AT A POINT ON LINE 2-'3 OF SAID LITTLE CHIEF LODE, M.S. 5850, WHENCE CORNER NO. 2 OF SAID LITTLE CHIEF LODE BEARS N 45000' 00" E 11'0.27 FEET; THENCE S 45000'00" W 19.63 FEET ALONG SAID LINE 2-3 TO THE MOST NORTHERLY CORNER OF SAID LOT 48 ; THENCE S 19058'41" W110.90 FEET ALONG THE SOUTHEASTERLY' LINES. OF SAID LOTS 48 AND 47 TO THE MOST SOUTHERLY CORNER OF SAID LOT 47 ALSO THE MOST WESTERLY CORNER OF LOT 24 OF SAID LITTLE CHIEF LODE; THENCE S 67019'5B":E 61.11 FEET ALONG THE SOUTHWESTERLY LINE OF SAID LOT 24 TO 'THE MOST SOUTHERLY CORNER OF SAID LOT 24 ALSO THE MOST NORTHERLY CORNER OF,LOT 16 OF SAID LITTLE CHIEF LODE; THENCE S 17 0 4 4 ' 18" W 3,4. 00 FEET ALONG THE NORTHWESTERLY LINE OF SAID LOT 16 TO THE MOST WESTERLY CORNER OF SAID LOT 16; THENCE N 65?46'50" W 72.34 J;EET TO A POINT ON THE SOUTHEASTERLY LINE OF SAID LOT 46; THENCE S 37013'00" W 73.02 FEET ALONG THE SOUTHEASTERLY LINE OF SAID LOT 46 TO THE MOST SOUTHERLY CORNER OF SAID LOT 46; "----THENCE. N 83051'10" W 78.68 FEET TO A POINT ON LINE 2-3 OF . SAID LITTLE CHIEF LODE, SAID POINT. BEING THE INTERSECTION OF AN ASPEN SKIING CORPORATION LEASE LINE AS DESCRIBED IN BOOK " '- 235 AT PAGE 80; ~'THENCE N IP25'30" W 278.24 FEET; THENCE S 70003'10" E 132.69 FEET; THENCE S 75000'00" E 128.88 FEET TO THE POINT OF BEGINNING, CONTAINING 0.983 ACRES MORE OR LESS. ~. '. . . \,' \' A Subsidiary of Trico Corporation . Offices throughout the West ~ ~ .- po.' "., , "..., , ,"..,''''~ . :I' " '! ..""!.,1,,,.,.,~;~, 'J,'c""":"'~'.":'1'1'J""i"'tl,~~,[W,:," ",'1".. "'~,n";""Y,~","~~ ."1"'. " ." 'I' " ,.... i " i: . ;", :, :",','.',',..' ',"":,'" "'"~,,,,,,,,,,,,,,. ,"I'" '. 'I,' I' ,', i i:", l~~'nl 'j I!',>: \' ,I 1'1' I ' ,1., ',,:,' , .' :11 ',;' " .') , ,I,:' "':"! ';\":'i\,:;.i , ,,'I) ) . . " >'\ ",1 i;. : ,'", ., ",_/:\,'i.. " I "1''-' 'I I . , , ,~I " '. " /'- , ", '-;{'<--~';;';;'";"i:;~~>",,,,,,,'~'~;,::.d."~~:'!i~;J~~~:,~.,,~:,~~;, iG-"i~;w:.<i.\';';Oi;;.~,..w. ;,::;,~,.4":i~~''':';':oI~',~:;,;L',L"Lk~;;.;");",,,: c' "'~""'_; . . '1 . A EXHIBIT. "c" . TRI-CO Management, Inc. . . Planning. Design. Surveying. Engineering. Construction . .... and Management of. Land , . ~ , Box 1730 Aspen Colorado 81611 303.925.2688 . 72-103";1-4 ' . October 17, 1972 . \0" ~ DESCRIPTION , A TRACT OF LAND SITUATED IN THE NE 1/4 NE 1/4 OF SECTION 13, TOWNSHIP 10 SOUTH, RANGE 85 WEST AND IN THE NW 1/4 NW 1/4 OF . SECTION 18, TOWNSHIP 10 SOUTH, RANGE 84 WEST OF THE 6TH PRIN~', CIPAL MERIDIAN, PITKIN COUNTY, COLORADO. SAID TRACT BEING. MORE FULLY DESCRIBED. AS FOLLOWS: BEGINNING AT CORNER NO.30F THE CONNOR PLACER, M.S. 2535; THENCE S 75000'00" E 122.55 FEET ALONG LINE 3";4 OF SAID CONNOR PLACER 1 THENCE S 20052'00" W 25.13 FEET 1 THENCE N 75000'00" W 121.02 FEET; THENCE N 70003'10" w: 47.27 FEET; THENCE N 15046'06" E 25..07 FEET; THENCE S 70003'10" E 47.99 FEET TO THE POINT OF BEGINNING, CONTAINING 4235.1 SQ.FT. MOm: OR LESS.> \.....~ . \ f ;. ., ,'. ;t:" ,,1.', . i ,,;',,: " " . ",': II ...., .,' '1'1 ',.I\~":.' :" '. \,'; , . ,"\\ ~ , I.... ... ~ . .'. ,'.' ) , , ,'II ~ , . ,',,,,'.:<.1.. .'.' , " ',', '.' "" '. .' -,~ ,..... '. '. . , . I . ~, . ..' II, " " . ' ~:\<~ I .,\l,;. , ',' ,,"" 'I,' ....'. .jl .j, \......,' ..l. .'.., .J '.\ ".' ,... l, '.. :':,' ,'i(j . ~n' ";'i :' ,',. \ "I "J >. " . L:'/ . ,':i-:';', '.' .. ,'; ~\. . . . '. ,. , , ',1,., "~I, '. '.', "j':J':';', '; ..:;,\I..~_:; .._ j ~. AS'libSidiary.of Trlco C6rporation.' Oflicesthr'oughout the'Wast . ~,l: ~ ~-:" .:1 . '", ': "': . I,;, ;', \ '::: .: ", 1 : i, '. ,';.. . " \" . '. :. \ ~ ','.,~ ':.- . .:; :; i. '",,".,' ::';.':." . "'" \. ," " ~ A ~ " Eo.. .6IBIT ttD" TRI-CO Management, In-c. . Planning. Design' Surveying' Engil')eering . Construction .and Management of Land .. . o October 17, .1972 72-103-1-6 DESCRIPTION ) .... A TRACT OF LAND SITUATED IN THE NW 1/4 NW 1/4 OF SECTION 18, TOWNSHIP 10 SOUTH, RANGE 84 WEST OF THE 6TH PRINCIPAL MERIDIAN, PITKIN COUNTY, COLORADO. SAID TRACT BEING PART OF LOTS 21, 22, AND 23 OF THE LITTLE CHIEF LODE, M.S. 5850, AND PART OF THE CONNOR PLACER, M.S. 2535, AND BEING MORE FULLY DESCRIBED AS FOLLOWS.: BEGINNING AT THE SE CORNER OF LOT 6, BLOCK 5, CONNOR'S ADDITION, WHENCE CORNER NO. 4 OF SAID CONNOR PLACER BEARS S 75000'00. E .35.00 FEET; '.' THENCE N 15049'50" E 48.24 FEET ALONG THE EASTERLY LINE OF SAID LOT 6; THENCE S 75000'00" E 25.00 FEET; THENCE S 15049'50" W 73.24 FEET; THENCE N 75000'00" W 84.66 FEET TO A POINT ON THE WESTERLY LINE OF SAID LOT 23 EXTENDED NORTHERLY; . THENCE N 20052'00" E 25.13 FEET ALONG SAID EXTENDED LINE TO A POINT ON LINE 3-4 OF SAID CONNOR PLACER; THENCE S 75000'00" E57.45 FEET ALONG SAID LINE 3-4 'l'OTHE POIN'l OF BEGINNING, CON'I'AINING. 3294_.6 SQ.FT.. MORE OR LESS.' ,/ . ~ .,' )1: \,", c::,~ . . j ". ,.',.' '. ,.":'" .,.-. " ,," '. <. ' .'. ',! '," " .\ ~ . t,'.. jt~ . I,' . ~ ",:: ; '., . . . '. ,'. , ' ., ',~,' , \. , .. ,:,- ~.\ r-;( '.; .i.,. ',','J " " .,(' .." ",I " '1' -\1",.;,' .. :\,', '.' , ., ~; ,.; ." . ,;,,>' . .. 1,\,' A Subsidiary of Tri~o Corporation . Offices throughout the West lid" " , ,..,.\ '... ,,\;, "-~, ~ " "'~:,. ""~ .. ;'J~ ~:-, ~~;I:':~. " .7::;~' . .,OX I' "U ..- Aspen Colorado 81611 303-925'2688 .. ,. ., "t ",' . .... ~~, ~ " >":";' ....c.-,." 'J"':' :'...." "M....,:: ':..,' ,. :. ".:;.M....~ ".....".":.:... ..... ..~:.... ..... '..' , .. ..,. ,. .~..::.':.:.:-:,.....y. : .,......~."e.. ::':':'."."",. :-;:, '. '.'..;..;'":-", ."'l., > " ~ j t, .,'., ',' . .'r ( f I f .... ,,\ ,j' . , -.'; .~. 10' . .....~. . ::,..; " "", :,1,': ", ",." X'). , ,,,,",:, " ;.0 ,"" ',',' . August 31, 1972. 'EXUInIT E , I . \,'",.,,< i I, I , i .1;.' ,'," ':.:;f',.. 'I ., .,,' .", " ,;.c... y,,'j, ., ,~. .',; ;~" ".,: ',<)~>.' :.:./ ':} >', 0( ",. ! .;," "," ". >. ' \. ,': ",."' ",,1: " ",', ..(" ,', " "..,'. ., ;<: '.' '" .~..~ ......, ~'".. ';~;~(;:m~~t . ',~ i " , , ::~ :,;- 1 ~"'~~.' t.'.~ ;' . ",: ~:..'-';." . , .:, '~;: :::~;:;; .:;/.:,;:;/" /.~::: . DESCRIPTION I i "~'" ,"', A TR.~CT .OF Lt\ND SITUATED nt THE m'11/4 NN.1I4 OF Sl>CTlml 18 i TOI'INSIIIP 10 SOUTH, .nA'NGE. 84 WEST .OF. THE 6THPRWCIPAL.. l.lERIDlAi.'1, PITKIN. COUNTY~ . COLORADO. SAID TRACT. BEING PART OF THE CONNOR PLACER, !-l.S.; 2535 ,AND BEINGH,ORE' FULLY DE..,. SCRIBED AS FOLLOt~S: . !- ., ,. " " ,BEGINNING AT.TIIE SE conNER OF vffiE~CE COw'!ER NO~.4 OPSAID comma S 02039'10". E 110.39 FEET;: . THENCE S 75000'00"]; 25.00 FEETJ THENCE S 15' 49' 50 "w 56. 96 FI:~ET i ,TilE!1CE N. 75000'00" W 25.00 FEET TOA POINT ON THE ,EASTERLY LINE OF B~OCK 5 OF SAID CONrtOR'SADDITION, ,'THE~CE N150 49' son .E. 56; 96fi'EET A:!.O~1G. TIlE EASTERLY . LIIre OF.. SAID ..BLOCK ..5 TO. ~HE .. POINT OF TAINIl~G,:O.033ACRES'l>K):REOR LESS. ..1:' .. /: ....',J.r- BLOCK 4, CON~70R 's PLACER BEARS , .',> .'. '.,...',. ,;. .'. 'f:- ':. <: , " '" " ,. ~.---:'- "~~-:.,::~,~~~fJ~~.. '0 ~ ~~\~ 'I:"'" .'::":,:,:>Y'"{{':' ........, ....', '< ' '.".', >,1 .1 , ,. .../:,:)" ;;' i ',1 " I .."1 I: .,. " ,. '",I, ! :1 i ,-. < i ~,.~, " '0 ~' 1 , . A TRI-CO Management, Inc. Planning' Design' Surveying. Engineering' Construction and Management of Land ~, EXHIBIT "F" Box 1730 Aspen Colorado 81611 303'925-2688 October 18, 1972 72-103-1 Boundary DESCRIPTION A TRACT OF LAND SITUATED IN THE NW 1/4 NW 1/4 OF SECTION 18, TOWNSHIP 10 SOUTH, RANGE 84 WEST OF THE 6TH PRINCIPAL MERIDIAN AND IN THE E 1/2 NE 1/4 OF SECTION 13, TOWNSHIP 10 SOUTH, RANGE 85 WEST OF THE 6TH PRINCIPAL MERIDIAN, PITKIN COUNTY, COLORADO. SAID TRACT ENCOMPASSES ALL OF LOTS 45, 46, 47 AND 48 AND PARTS OF LOTS 25, 26 AND 44 OF THE LITTLE CHIEF LODE, M.S. 5850 AND IS MORE FULLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON LINE 2-3 OF SAID LITTLE CHIEF LODE, M.S. 5850, WHENCE CORNER NO. 2 OF SAID LITTLE CHIEF LODE BEARS N 45000'00" E 110.27 FEET; . THENCE S 45000'00" W 19.63 FEET ALONG SAID LINE 2-3 TO THE MOST NORTHERLY CORNER OF SAID LOT 48 ; THENCE S 19058'41" W 110.90 FEET ALONG THE SOUTHEASTERLY LINES OF SAID LOTS 48 AND 47 TO THE MOST SOUTHERLY CORNER OF SAID LOT 47 ALSO THE MOST WESTERLY CORNER OF LOT 24 OF SAID LITTLE CHIEF LODE; THENCE S 67019'58" E 61.11 FEET ALONG THE SOUTHWESTERLY LINE OF SAID LOT 24 TO THE MOST SOUTHERLY CORNER OF SAID LOT .24 ALSO THE MOST NORTHERLY CORNER OF LOT 16 OF SAID LITTLE CHIEF LODE; < THENCE S 17044'18" W 34.00 FEET ALONG THE NORTHWESTERLY LINE OF SAID LOT 16 TO THE MOST WESTERLY CORNER OF SAID LOT 16; THENCEN 65046'50" W 72.34) FEET TO A POINT ON THE SOUTHEASTERLY LINE OF SAID LOT 46; . . THENCE S 37013'00" W 73.02 FEET ALONG THE SOUTHEASTERLY LINE OF SAID LOT 46 TO THE MOST SOUTHERLY CORNER OF SAID LOT 46; THENCE N 83051'10" W 78.68 FEET TO A POINT ON LINE 2-3 OF SAID LITTLE CHIEF LODE, SAID POINT BEING THE INTERSECTION OF AN ASPEN SKIING CORPORATION LEASE LINE AS DESCRIBED IN BOOK 235 AT PAGE 80; THENCE N IP25'30" W 278.24 FEET; THENCE S 70003'10" E 132.69 FEET; THENCE S 75000'00" E 128.88 FEET TO THE POINT OF BEGINNING, CONTAINING 0.983 ACRES MORE OR LESS. " A Subs!diary of Trico Corporation . Offices throughout the West " /""'\ ,-,. EXHIBIT B ,.12-103-1-3 August 31, 1972 DESCRIPTION A TRACT OFIJL~D SITUATED IN THE 1'-8 1/4 NE 1/4 OF SECTION 13, TOWNSHIP 10 SOUTH, RllNGE 85 WEST OF THE 6TH PRINCIPAL I.reRIDIAN, PITKIN COUNTY, COLORADO. SAID TRACT BEING ~10RE FULLY DESCRIBED AS FOLLOWS: BEGINNING AT A PO:r.NT WHENCE CORNER NO. 3 OF THE CONNOR PLACER, M.S. 2535, BEARS S 70003'10" E 47.99 FEET; TF~NCE S 15046'06" W 25.07 FEET; THENCE N 70003'10" W 85.42 FEET; THENCE N 11025'30~ W 29.28 FEET; TIlliNCE S 70003'10" E 98.84 FEET TO THE POINT OF BEGI}mtUG, CONTAINING 0.053 ACRES MORE OR LESS. "-.,,,,', '-i- .:,i':,..",..',.,....:..""-,._.,-:,,,....,. \ :;,"-;,,;;'-:.i::.:,c;.;;-~i;,,:,,.~,:.;~;.,";;,>2,k~;,;;,;.;;.~-;::.;;::--,~,;._ .. _c- tJf!