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Home My WebLink AboutLand Use Case.1409 Crystal Lake Rd.A10-931 Hth &1/0 +I lÂ».4 /1 A 0 17 3 2737-181-46-001/004 A10-9.4 Lot Line Adjustment ---- -- - r i-Â»*2 9, CIO .. V - 44. - :#362898 11/04/93 11:27 Re ;45.00 BK 729 PG 521 , - /Silvia Davis, Pitkin Cnty -lerk, Doc $.00 P.U.D SUBDIVISION AGREEMENT LOTS 2A, 28, 2C AND LOT 9 GORDON CALLAHAN RESUBDIVISION THIS AGREEMENT is made this X day of Ah,p-*Â£50, 1.993 , between THE ASPEN RIVER FRIENDS, a Colorado partnership, (hereinafter referred to as the "Owner"), and THE CITY OF ASPEN, a municipal corporation, (hereinafter referred to as the "City") . RECITALS WHEREAS, Owner owns that certain real property (hereinafter referred to as the "Property") located in the City of Aspen, County of Pitkin legally described as: Lots 2A, 2E 2C and 9, Gordon/Callahan Resubdivision according to the Plat thereof recorded in Plat Book 25 at Page 75 of the records of Pitkin County, Colorado, and; WHEREAS, the Owner submitted an application for, and received approval for a resubdivision of the above referenced property from the City on July 12, 1993, pursuant to Ordinance No. 23 (Series at 1993), for the consolidation of the aforementioned real property into one lot to be known as Amended Lot 9, Gordon/Callahan Resubdivision (hereinafter the "Amended Lot 9") and a rezoning from R-15 P.U.D. to Rural Residential P.U.D.; and WHEREAS, the Owner has submitted to the City for approval, execution and recordation a plat for the Amended Lot 9, (the "Plat") and the City agrees to approve, execute and record the Plat on the agreement of the Owner to the matters described herein, subject to the provisions of the Code and other applicable rules and regulations; and WHEREAS, the City has imposed conditions and requirements in connection with its appI oval, execution and acceptance of the Plat and such matters are necessary to protect, promote and enhance the public health, safety and welfare, and pursuant to the Code, the City is entitled to assurances that the matters set forth herein will be faithfully performed by the Owner and the Owner's successors and assigns; and WHEREAS, the Owner is willing to enter into such agreement with the City and to provide assurances to the City; and NOW, THEREFORE, in consideration of the mutual covenants contained herein, and the approval, execution and acceptance of the Plat for recordation by the City, it is agreed as follows: # 898 11 /04/93 11:27 Rec $4 .)0 BK 729 PG 522 Silvia Davis, Pitkin Cnty Clerk, Doc $.00 AGREEMENT 1. Revocation and Supersession of Previous P.U.D. Subdivision Agreement. By their signatures hereon, the Owner and the City hereby revoke and terminate all of the provisions of that certain P.U.D. Subdivision Agreement for the Gordon Callahan Subdivision recorded in Book 637 at Page 137 and re-recorded in Book 638 at Page 88 of the records of Pitkin County as if such documents had never been recorded, as that document would have affected Amended Lot 9 and as that document would have imposed any obligation upon the Owner as the successor in interest to the previous Owner of Lots 2A, 2B, 2C and 9, Gordon Callahan Resubdivision, unless said obligations are expressly set forth in this document. 2. Description of Resubdivision. The re-subdivision consists of the re-configuration of Lots 2A, 2B, 2C and Lot 9 of the Gordon Callahan Resubdivision into one (1) free-market lot, which shall be known as Amended Lot 9, Gordon Callahan Resubdivision. Amended Lot 9 has a building right attached to it and is exempt from the Growth Management Quota System competition. In addition, the project may consist of one (1) accessory dwelling unit deed restricted to Housing Authority resident occupancy guidelines, the construction of which is also exempt from Growth Management Quota System Competition. In the event that the accessory dwelling unit is not constructed, the requirements of Ordinance 1 (Series of 1990) must be met at the time of the issuance of any building permit. 3. Acceptance of Plat. Upon execution of this Agreement by all parties hereto, the City agrees to approve and execute the Final Plat for the Amended Lot 9 submitted herewith. The City agrees to accept such plat for recording in the office of the Pitkin County Clerk and Recorder upon payment of the recordation fee and cost to the City by Owner and upon review and approval by the Engineering and Planning Department of the City of Aspen. 4. Free-Market Development Rights. It is recognized and agreed that the transferable development rights previously utilized to create Lot 2A and 2B of the Gordon Callahan Resubdivision remain valid, that such development rights may be transferred and utilized in connection with real property located elsewhere in the City of Aspen, subject to existing land use regulations. 5. Easement Grant. A pedestrian and bicycle path easement in the location as shown on the Plat and as defined in the Easement Grant recorded in Book 7414 at Page 5-It of the records of Pitkin County is dedicated for the benefit of the City. 6. Protective Covenants. The protective covenants, recorded in Book 9,20( at Page 27 5 of the records of Pitkin County, Colorado, encumbering the real property described in those protective 2 2898 11/04/93 11:27 Rec .00 BK 729 PG 523 w..via Davis, Pitkin Cnty Cl-,Â·k, Doc $.00 covenants, are hereby granted by the City for the benefit of the owner of Amended Lot 9 and the owners of Lots 10, 12, 14 and 15, Ute Place Subdivision. are hereby granted for the benefit of ARFP and the owner of Amended Lot 9 by the City. 7. Building Envelope, Patio Restriction Area and Floor Area Limitation. The building envelope and patio restrictions for Amended Lot 9 shall be as shown on the Plat. There shall be no construction of any improvements other than fencing, landscaping, driveways, the permitted improvements as set forth on the Plat in the Patio Restriction Area set forth thereon and the pedestrian bicycle path referred to in Paragraph 5 above on Amended Lot 9 outside of the designated building envelope. Within the building envelope, a single family home with an optional accessory dwelling unit of the minimum required area as defined in the Aspen Municipal Code, may be constructed. The total allowable floor area of the single family home and the accessory dwelling unit shall not exceed 8,500 square feet as allowable floor area as defined by the Aspen Municipal Code in effect on January 9, 1991. It is recognized and agreed that any change in the Aspen Municipal Code which amends the definition of "allowable floor area" to anything different than the definition of "allowable floor area" as the same was contained in the Municipal Code of the City of Aspen in effect on January 9, 1991 shall in no way effect the "allowable floor area" on Amended Lot, as defined herein. Regardless of when adopted or when effective, it being recognized by the City that the same is a permanent vested right with respect to Amended Lot 9. 8. Riqht to Grade Amended Lot 9. The Owner shall, subsequent to the recordation hereof, have the option to grade Amended Lot 9 prior to the submission of a building permit application for improvements to be located upon Amended Lot 9, subject to the obligation of Owner to deliver to the City a plan for preventing storm water run off caused by said grading from entering the Roaring Fork River prior to the commencement of any grading. 9. Relocation of Riverside Ditch. The Owner, in its discretion and subject to the approval of the Riverside Ditch Association, may relocate the Riverside Ditch from its current location to a new location. 10. Employee Housing. If constructed, the accessory dwelling unit on Amended Lot 9 shall be deed restricted to the Aspen/Pitkin County Housing Authority ("Housing Authority") resident occupancy guidelines only, provided that the Owner or its grantee shall have the right to designate the occupant of the unit and give occupancy priority to qualified employees of the Owner of Amended Lot 9 at the time. A sample of the deed restriction for the accessory dwelling unit is attached hereto as Exhibit "A". Prior to the issuance of a building permit which allows the construction of an accessory dwelling unit, the Owner of Amended Lot 9 shall be 3 #7 398 11/04/93 11:27 Rec $4 .0 BK 729 PG 524 Si. via Davis, Pitkin Cnty Clerk, Doc $.00 required to execute and deliver to the Housing Authority the deed restriction. The accessory dwelling unit is exempt from Growth Management requirements. 11. Improvement Districts. The Owner agrees to join any improvement district formed for the area in which Amended Lot 9 is located. 12. Wood-burning Devices. Any improvements on Amended Lot 9 shall comply with existing regulations applicable to wood-burning devices and gas devices. 13. Material Representations. All material representations made by the Owner on the record to the City in accordance with the approvals granted the Owner shall be binding on the Owner. 14. Fishing Easement. The predecessor in interest to the Owner dedicated to the use of the general public, for fishing purposes only and not as a public trail, a perpetual, non-exclusive easement and right-of-way along that portion of Amended Lot 9 lying between the centerline of the Roaring Fork River and a line which is five (5) feet (measured horizontally) above the high water line of the Roaring Fork River, as shown on the Plat. By its signature hereon, the Owner re-dedicates said easement. The Owner, however, reserves to itself, its grantees, successors and assigns, the right to use and enjoy the easement area for all purposes which do not interfere with the public fishing rights dedicated hereby, and shall have only such responsibility or liability in connection with the use of the easement by the fishing public as set forth in C.R.S. Section 33-41-101 et. seq.. 15. Enforcement. In the event the City maintains that the Owner is not in substantial compliance with the terms of this Agreement or the Plat for Amended Lot 9, the City Council may serve a notice of non-compliance and request that the deficiency be corrected within a period of forty-five (45) days. In the event the Owner believes that it is in compliance or that the non- compliance is insubstantial, the Owner may request a hearing be fore the City Council to determine whether the alleged non-compliance exists or whether any amendment, variance or extension of time to comply should be granted. On request, the City shall conduct a hearing according to its normal procedures and take such action as it then deems appropriate. 16. Notices. Notices to the parties shall be sent by United States certified mail to the addresses set forth below or to any other address which the parties may substitute in writing. 4 #362898 11/04/93 11:27 I $45.00 BK 729 PG 525 Silvia Davis, Pitkin Cnt, Clerk, Doc $.00 To the Owner: Aspen River Friends Partnership c/o H.M. International 5810 E. Skelly Drive, Suite 1000 Tulsa, Oklahoma 74135 Attn: Peter Meinig With a Copy to: Brooke A. Peterson, Esq. Brooke A. Peterson, P.C. 315 E. Hyman Avenue Aspen, Colorado 81611 To the City: City Manager 130 South Galena Street Aspen, Colorado 81611 with a Copy to: City Attorney 130 South Galena Street Aspen, Colorado 81611 17. Binding Effect. The provisions of this Agreement shall run with and constitute a burden on Amended Lot 9, Gordon/Callahan Resubdivision and shall be binding on and inure to the benefit of the Owner's and the City' successors, personal representatives and assigns. 18. Amendment. This agreement may be altered or amended only by written instrument executed by the parties. 5 2898 11/04/93 11:27 Rec $ 00 BK 729 PG 526 b--via Davis, Pitkin Cnty Clerk, Doc $.00 19. Severability. If any of the provisions of this agreement are determined to be invalid, it shall not affect the remaining provisions hereof. Attest: THE CITY OF ASPEN, a municipal corporation 4Â»,O U.4-6 W 6,-W- KATHRYN #. KOCH, JOHN /bENNETT, MAYOR CITY CLERK Approved as to form: THE ASPEN RIVER FRIENDS, a Colorado Partnership 8 ' /la-(/ By: ROB#~* J. /'LOWE, GENERAL PARTNER STATE OF COLORADO ) ) SS. COUNTY OF PITKIN ) The foregoing Agreement was signed before me this 2'~ day of /~M~UÂ¢A-/ 1993 by JOHN BENNETT, Mayor, and KATHRYN S. KOCH. City Clerk, for THE CITY OF ASPEN. ~00 1% J u Witness my hand and official seal. aE# '.1 -J , Un My Commission Expires: ftz,246 8*64-~ , 9,; 1 1, Not*ry Publfc Oc?St, 3023'' 6 - CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT No. 5193 %...I-.*#..I-.*.-e-e->e-e--./.-.IRRANSBSSW ' State of California 1 ~ ~ OPTIONAL SECTION = 9 $ 1 ./ ........... ... ....Pll -1, .....rn #362898 11/04/93 11:27 Rec $45.00 BK 729 PG 527 ~ County of Los Angeles Silvia Davis, Pitkin Cnty Clerk, Doc $.00 $ ft' 111.-1.UWIL. ..MVIWV''W .WI,r'll vII .1.- ---â€¢Iâ€¢-Â·Â·.Â· I 1 On 9/9/93 before me, Betty J. Kenyon, notarv mihlip , ; ~ INDIVIDUAL DATE NAME, TITLE OF OFFICER - E.G., "JANE'DOE, NOTARY PUBLIC" Â¤ CORPORATE OFFICER(S) personally appeared Robert J. Lowe , j NAME(S) OF SIGNER(S) TITLECS) El personally known to me - OR - El proved to me on the basis of satisfactory evidence Â® PARTNERCS) Il LIMITED ~ E3 GENERAL ; to be the person(s) whose name(s)Â£@lae Fl ATTORNEY-IN-FACT subscribed to the within instrument and ac- = f the same inttii>/140Â·gkthel# authorized ~ GUARDIAN/CONSERVATOR knowledged to me that (60@heAhey executed Â¤ TRUSTEE(S) t capacitypesÂ¥, and that by â‚¬@/be.Uthek m o.rHER, L signature(s) on the instrument the person(s), .........................-1U t BETTY J. KENYON -1 or the entity upon behalf of which the [ person(s) acted, executed the instrument. 2 87417141 COMM.#989336 z SIGNER IS REPRESENTING: z I:L-0 <ti.*19 Notary Public - California E Z \OddgFy LOS ANGELES COUNTY G WITNESS my hand and official seal. NAME OF PERSONCS) OR ENTITY(IES) ~ \2~k< My Comm. Expires MAR 28.1997 ~ Aspen River Friends ---- /64 2 Â»urh. 0 ~ SfGNATORE OF NO<ARY / $ OPTIONAL SECTION ~ ~ ~ THIS CERTIFICATE MUST BE ATTACHED TO TITLE OR TYPE OF DOCUMENT PÂ· U.D. Subdivision Agreement f THE DOCUMENT DESCRIBED AT RIGHT: $ NUMBER OF PAGES 7 DATE OF DOCUMENT ~ Though the data requested here is not required by law, it could prevent fraudulent reattachment of this form. SIGNER(S) OTHER THAN NAMED ABOVF Â©1992 NATIONAL NOTARY ASSOCIATION â€¢ 8236 Remmet Ave., P.O. Box 7184 â€¢ Canoga Park, CA 91309-7184 *W#*Il#Ill.4- RESIDENT OCCUPIED DWELLING UN11' I J ORDINANCE ONE #362898 11/04/93 11:27 c $45.00 BK 729 PG 528 Silvia Davis, Pitkin Cnty Clerk, Doc $.00 THIS ,OCCUPANCY DEED RESTRICTION Alto AGREEMENT (the "Agreement") Â· iâ€¢ made and â€¢intered into thim day of , 19 , by as bit:w.en , of the City of Aspen, County of Pltkin, State of Colorado, whose addreum 1â€¢ (hereinafter referred to as "Owner"), and the ASPEN/PITK111 COUNTY HOUSING AImloRITY a Multi-jurindictional housing authority : established pursuant to the AMENDED AND RESTATED INTERGOVERNMENTAL AGREEMENT recorded in Book f.05 at Page 751 of the record, of the Pitkln County Clerk anÂ·.1 rec orders. Office (hâ€¢rminafter called the "Authorityw) . WHEREAS, the 'Owner owns real property more opeclfically described as 'Y ("Real ProportyÂ°').5 'upon which the owner .intendn to construct and a Â· square foot 1 bedroom Râ€¢*idâ€¢nt Occupied Dwolling Unit ("11/0 Unlt"). For purposes of thim Agreement thâ€¢ R/O Unit., Â· , and the real prop=rry and all appnetenancoa, improvement:g, and fixtures associated tharâ€¢with mhall hereinafterÂ· be referred to as the â€¢prot"rty", and 0 - WHEREAS, thin Agreemont imposes certain covenants upon the R/O Unit, when rintâ€¢d by Owner, which re:trict the use and occupancy of the R/0 Unit to worklng renldenti of Pitkin County and their families who tall within the Housing Authority resident qualification guidellnes entabllshâ€¢d and indexed by the Authority on an annual banim NOW, THEREFORE, in consideration of the promi,es, Owner hereby covenants and agreem ast follows: 1. Owner hereby covinants and agrees that tho property shall not biÂ·condolainiumliâ€¢d during the term of thlo agreement such that the R/0 Unit and the :ainglâ€¢-family residence are considered â€¢eparate propâ€¢rtieD, but that the R/O Unit â€¢hall be con:tructed and maintained â€¢on, to be capable of being rented Iiparately from thâ€¢ â€¢ingle-family residence. 1, rj#141: : 2. The Owner shall not be required 'to rent or lease the R/0 Unit, but if it 13 rented or leased, occupancy shall limited exclunlvely to individuali who are omployed full-time in Pltkln County, together with a spouse and related children. Thâ€¢ lanneâ€¢ shall moâ€¢t and comply with the detinition and ' requirements of a working resident established and from time to time amended by the Authority. Owner â€¢hall have the right 1 .. 12 >CH I 85 \T A 1 . AL Â·ri I, 1 1 ; a. . 4 - - - to lease th, O unit to a qualified workin ildent of his Belection. 3. Written verification of employment of prospective tenants of the R/O Unit shall bi completed and filed Â·with the Housing Authority Office by the Owrer prior to occupancy thern,of, and muâ€¢t be acceptablâ€¢ to thâ€¢ housing Authorlty. 4. Occupancy of the R/o unit othall be limited to no more than two (2) adults and related children. 5. Any lease of the R/O Unit shall provide for n term of not less than Bix (6) consicutive months. A ulgned and executed coFy of lease for the R/0 Unlt mhall be submitted to the Housing Authority within ten (10) dayâ€¢ of approval of residents. 6. This Agreement nhall constitute covenants running with the Real Property as a burden for the benefit of, and shall be specifically enforceable by, the Houning Authority and the City of Aspen, their respective nucces,ors as applicable, by any appropriate legal action including, but not limited to, injunction,.abatement, or eviction of non-complying lessees. Ill WITNESS WHEREOF, thi parties hereto have executed thle inntrument on the day and year above first written. #362898 11/04/93 11:27 Rec $45.00 BK 729 PG 529 Silvia Davis, Pitkin Cnty Clerk, Doc $.00 OWNER: Mailing Addroms: 1 i. #362896 11/04/93 11:20 Re_ $30.00 BK 729 PG 505 Silvia Davis, Pitkin Cnty Clerk, Doc $.00 PROTECTIVE COVENANTS ARTICLE I Purpose of Covenants - General Requirements These Covenants shall govern and be applicable to that certain real property situated in Pitkin County, Colorado, owned by the City of Aspen as defined and described in the Exhibit "A" attached hereto and incorporated herein by this reference. It is the intention of the City of Aspen, (hereinafter referred to as Declarant), expressed by its execution of this instrument, that the real property described in Exhibit "A" is burdened by these Protective Covenants. ARTICLE II General Restrictions 1. Condition of Real Property. Aspen agrees that the real property burdened hereby shall be kept in its current natural state, and that no other structures, improvements or trails of any kind shall be allowed thereon, except that i) The Aspen River Friends Partnership, or its successor owners of Amended Lot 9, Gordon/Callahan Resubdivision shall have the right, at its cost and expense, to remove dead vegetation on this real property, and to plant indigenous plants and trees on the real property. Any such removal or planting shall only be done with the City of Aspen's approval, which approval shall not be unreasonably withheld, and with the consent of any other governmental agency which has jurisdiction over the portion of this real property to be effected by any removal or planting, and ii) That the City of Aspen shall have the right to have a non-vehicular/non-bicycle pedestrian dirt walking path on the real property described in Exhibit "A" consisting of: a) the existing pedestrian dirt path of approximately two (2) feet to three (3) feet in width presently located on the real property described in Exhibit "A"; and b) from the northern end of the existing pedestrian path, that portion of the real property described in Exhibit "A" which may be used for the pedestrian purposes shall be approximately two (2) to three (3) foot wide dirt path of the same profile and width as the existing path; and Â¢ *896 11/04/93 11:20 Rec $. 0, of:. 729 FG 506 ; Silvia Davis, Pitkin Cnty Clerk, Doc $.00 The centerline of the existing dirt path and the proposed dirt path is as stated on Exhibit "B" attached hereto and incorporated herein by this reference. It is the parties agreement that the existing pedestrian path shall not be expanded in any manner and that, once constructed, the new path shall not thereafter be expanded in any manner. 2) Use By Fisherman. It shall not be a violation of these Protective Covenants for the City of Aspen to allow fisherman to use that portion of the real property burdened hereby which is east of westerly boundary of the path defined in Paragraph 1 above, as is also shown on Exhibit "B". 3) Improvements to Wheeler Ditch Structures. It shall not be a violation of these Protective Covenants for the City of Aspen to make improvements to the existing Wheeler Ditch structures on the property described in Exhibit "A", including but not limited to headgates, culverting and a foot bridge of no greater than two (2) feet in width. ARTICLE III General Provisions 1. Enforcement Actions. Anyone of the owners of Amended Lot 9 of the Gordon/Callahan Resubdivision or of Lots 10, 12, 14 and 15, Ute Place Subdivision shall have the right to prosecute any action to enforce the provisions of all of these Covenants by injunctive relief and/or for damages themselves. The prevailing party in any enforcement action shall be entitled to attorneys' fees, costs and expenses. 2. Covenants to Run. All of the Covenants contained in this instrument shall be a burden on the title to all of the real property as described in Exhibit "A", and the benefits thereof shall inure to the owner of the real property known as Amended Lot 9 of the Gordon/ Callahan Resubdivision and to the owners of Lots 10, 12, 14 and 15, Ute Place Subdivision. 3. Termination of Covenants. In the event these Covenants have not been sooner lawfully terminated pursuant to any applicable laws of the State of Colorado and Pitkin County, Colorado, and the provisions herein contained, these Covenants shall be effective until January 1 of the year 2040. Thereafter, unless terminated by a unanimous written agreement of the owners of Lots 10, 12, 14 and 15 of the Ute Place Subdivision, then they shall continue to be in full force and effect for successive twenty-five (25) year periods unless, at the close of a twenty-five (25) year period, the 2 #362896 11/04/93 11:20 Re $30.00 BK 729 PG 507 Silvia Davis, Pitkin Cnty Clerk, Doc $.00 Covenants are terminated with the written consents of all of the owners of Lots 10, 12, 14 and 15 of the Ute Place Subdivision. 4. Amendment of Covenants. These covenants may only be amended by unanimous written agreement of the owners of Lots 10, 12, 14 and 15 of the Ute Place Subdivision and the City of Aspen. 5. Notice. For the purposes of any notice required hereunder the same shall be deemed delivered to the addresses listed below: The City of Aspen 130 South Galena Street Aspen, Colorado 81611 Owner: To the address listed in the deed to Amended Lot 9, Gordon/Callahan Resubdivision. With a Copy to: Brooke A. Peterson, Esq. Brooke. A. Peterson, P.C. 315 E. Hyman Avenue Aspen, Colorado 81611 In the event that any address listed is not a post office box, any notice required hereunder shall be deemed effective three (3) days after deposit thereof in the United States mail addressed to such address certified mail, return receipt requested, sufficient postage prepaid. 6. Severability. Should any part or parts of these Covenants be declared invalid or unenforceable by any court of competent jurisdiction, such decision shall not affect the validity of the remaining Covenants. 7. Paragraph Headings. The paragraph headings in this instrument are for convenience only and shall not be construed to be a part of the Covenants contained herein. 3 #362896 11/04/93 11:20 $30.00 BK 729 PG 508 Silvia Davis, F'itkin Cri_, Clerk , Doc $.00 IN WITNESS WHEREOF, these Protective Covenants of the have been executed on this 4 day of 91'Â¢2*$-dUA_r 1993. THE CITY OF ASPEN ATTEST: By: John kennett, Mayor ENÂ·. 1UU,4 6uu- City Cl~k STATE OF COLORADO ) ) SS. COUNTY OF PITKIN )} Acknowledged, subscribed and sworn to before me this â‚¬ day of /24â‚¬~jUÂ£,4--, 1993, by JoHA 'Bea)Â©eTT- a,-t K~1Â·â€¢r,Â·06Â»VadH, as Mayor and City Clerk, respectively of the City of Aspen, a Colorado municipal corporation. Witness my hand and official seal. 011110 2 /0 14 My commission expires: 9 !2-7/447 <A/0 1 1 9 //r .4 ( 174,2,9 N, tary Publ.~[c V U :44 j... . aspenriv\protc02.asp 0 41 3% 4 11:3 96 11/04/93 11:20 Rec $3C 2 BE 729 PG 509 Si a Davis, Pitkin Cnty Cler..., Doc $.00 EXHIBIT A A tract of land being a part of Tract B (41) Aspen Townsite Addition Sec. 18 TlOS R84W 6PM (plat approved May 21, 1957) and the Helen C. Bird entry (plat approved December 22, 1891) de- scribed as follows: Beginning at a point from whence Corner 9 of Tract B (41) (A 1954 Brass Cap) bears S 00Â°21' W 449.45 feet; Thence N 00Â°21' E 468.07 feet; Thence S 61Â°27' E 83.79 feet along the south line of Calder- wood Subdivision to the centerline of the Roaring Fork River; Thence S 15Â°35' W 149.64 feet along the centerline of the Roaring Fork River; Thence S 23Â°15' E 222.00 feet along the centerline of the Roaring Fork River; Thence S 01Â°40' W 79.10 feet; Thence N 89Â°07' W 120.50 feet to the point of beginning. #362896 11/04/93 11:201' $30.00 BK 729 PG 510 Silvia Davis, Pitkin Cn :lerk, Doc $.00 EXHIBIT B A pedestrian trail situated in Section 18 Township 10 South Range 84 West of the 6th P.M., the centerline of said trail being more particu- larly described as follows: Beginning at a point on the East line of Lot 9 of Ute Place Subdivi- sion as filed in the records of the Pitkin County Clerk and Recorder whence the Northeast corner of said Lot 9 bears North 00 degrees 21 minutes 00 seconds East (N 00Â°21'00" E), a distance of 4.55 feet; thence South 66 degrees 27 minutes 08 seconds East (S 66Â°27'08" E), a distance of 13.78 feet; thence South 49 degrees 59 minutes 48 seconds East (S 49Â°59'48" E), a distance of 39.89 feet; thence South 09 degrees 23 minutes 07 seconds West (S 09Â°23'07" W), a distance of 23.41 feet; thence South 21 degrees 43 minutes 51 seconds West (S 21Â°43'51" W), a distance of 6.40 feet; thence South 36 degrees 56 minutes 37 seconds West (S 36Â°56'37" W), a distance of 9.21 feet; thence South 14 degrees 49 minutes 13 seconds West (S 14Â°49'13" W), a distance of 12.77 feet; thence South 32 degrees 35 minutes 17 seconds West (S 32Â°35'17" W), a distance of 16.29 feet; thence South 19 degrees 30 minutes 49 seconds West (S 19Â°30'49" W), a distance 11.69 feet; thence South 06 degrees 06 minutes 55 seconds East (S 06Â°06"55" E), a distance of 18.18 feet; thence South 17 degrees 48 minutes 44 seconds West (S 17Â°48'44" W), a distance of 22.58 feet; thence South 00 degrees 09 minutes 56 seconds West (S 00Â°09'56" W), a distance of 34.44 feet; thence South 25 degrees 39 minutes 01 seconds East (S 25Â°39'01" E), a distance of 10.19 feet; thence South 04 degrees 37 minutes 53 seconds West (S 04Â°37'53" W), a distance of 18.51 feet; thence South 08 degrees 15 minutes 06 seconds East (S 08Â°15'06" E), a distance of 66.16 feet; thence South 16 degrees 30 minutes 34 seconds East (S 16Â°30'34" E), a distance of 50.37 feet; thence South 03 degrees 24 minutes 49 seconds West (S 03Â°24'49" W), a distance of 18.46 feet; thence South 16 degrees 01 minutes 24 seconds East (S 16Â°01'24" E), a distance of 8.06 feet; thence South 28 degrees 32 minutes 39 seconds West (S 28Â°32'39" W), a distance of 14.97 feet; thence South 13 degrees 05 minutes 34 seconds West (S 13Â°05'34" W), a distance of 51.28 feet; thence South 10 degrees 05 minutes 16 seconds East (S 10Â°05'16" E), a distance of 12.58 feet; thence South 23 degrees 30 minutes 43 seconds East (S 23Â°30'43" E), a distance of 44.86 feet to the point of terminus, whence said Northeast corner of Lot 9 bears North 04 degrees 50 minutes 38 seconds West (N 04Â°50'38" W), a distance of 469.07 feet. LAW OFFICES BROOKE A. PETERSON BROOKE A. PETERSON A PROFESSIONAL CORPORATION TELEPHONE 315 EAST HYMAN AVENUE (303) 925 8166 ROBYN J. SMERLING' ASPEN. COLORADO 81611 FACSIMILE (303) 925-1090 OF COUNSEL ERIN FERNANDEZ HAZEN, P.C.** ALSO ADMITTED IN NEW YORK AND CONNECTICUT ** ALSO ADMITTED IN FLORIDA November 2, 1993 AND DISTRICT OF COLUMBIA John P. Worcester Assistant City Attorney The City of Aspen Office of the City Attorney 130 South Galena Street Aspen, Colorado 81611 Re: The City of Aspen/Aspen River Friends Partnership Dear John: Please allow this letter to constitute the opinion of title called for in the Agreement between the City of Aspen and the Aspen River Friends Partnership dated July 12, 1993 that Aspen River Friends Partnership is, in fact, the owner in fee simple of the properties described as Lots 2B, 2C and 9, Gordon/Callahan Resubdivision according to the plat recorded in Plat Book 25 at Page 75 of the records of Pitkin County, Colorado, subject to the restrictions and easements presently of record. I further certify that based upon my review of the title to the property at the present time, there are no liens or encumbrances against said property except for the lien for general taxes for 1993 due and payable in 1994. Should you need any further information, please do not hesitate to contact me. Very truly yours, BROOKE-A-r-RETERST,-P-:Â«, .l~,grofessio~al kclorporatbpn 1 By: Â»0. C ~ L\10Â£- ~--~---~~~ - -f Brloolte A. pke]~* BAP/ljn letters/worcester t.... :YM-0/-1 1 1 ~ le 41 - iÂ«U.,0 4 %0~' Q DA A 03 5 -GIN Â»3 '<141-/ 1 00, i Ul- 9 U O f 2 0 ALL 1... 0.-916*736 MEMORANDUM _i F i DATE: November 18, 1993 THE CITY OF AspEN CITY ATTORNEY'S OFFICE TO: Kathryn Koch, City Clerk FROM: John Worcester, Assistant City Attorney RE: Aspen River Friends Partnership Attached please find for filing in your office the following documents: 1. P.U.D. Subdivision Agreement Lots 2A, 2B, 2C and Lot 9, Gordon Callahan Resubdivision 2. Easement and License Agreement 3. Protective Covenants 4. Letter of opinion of title from Brooke Peterson JPW/mc Attachment jw1118.1 #362982 08/93 10:09 Rec $20.00 BE 29 PG 774 oilvia 0- is. Pitkin Enty Clerk. Doc $.00 ORDINANCE 52 (SERIES OF 1993) AN ORDINANCE OF THE ASPEN CITY COUNCIL GRANTING PERPETUAL VESTED RIGHTS FOR THE ALLOWABLE FLOOR AREA FOR THE DEVELOPMENT OF A SINGLE-FAMILY RESIDENCE ON AMENDED LOT 9 OF THE GORDON/CALLAHAN PUD/SUBDIVISION LOCATED ADJACENT TO THE ASPEN CLUB SUBDIVISION OFF OF CENTENNIAL CIRCLE, CITY OF ASPEN, PITKIN COUNTY, COLORADO. WHEREAS, pursuant to Section 24-6-207 of the Aspen Municipal Code, City Council may grant vested rights status for a site specific development plan for an initial period of three years; and WHEREAS, on July 12, 1993 City Council granted an amendment to the Gordon/Callahan PUD/subdivision; and WHEREAS, the amendment included a reduction of the number of approved development parcels from 4 single-family parcels to 1 single-family parcels, a rezoning from moderate-density residential (R-15) PUD to rural residential (RR) and vested rights; and WHEREAS, the RR zone district does not limit the maximum floor area on a parcel; and WHEREAS, the applicants, Aspen River Friends (ARF), voluntarily proposed an allowable floor area limitation of 8,500 square feet as defined in Section 24 of the Municipal Code in effect on January 9, 1991; and WHEREAS, although the applicants have vested their property rights for three years and have voluntarily restricted the maximum size of the future home on the parcel, ARF requests to permanently vest their right to build up to the imposed floor area cap; and WHEREAS, the Planning Office, having reviewed the application recommends approval of perpetual vested rights for an allowable floor area on the parcel of 8,500 square feet as defined in Section 1 #362982 11, '93 10:09 Rec $20.00 BK 7 PG 775 Silvia uaviÂ», Pitkin Cnty Clerk. Doc $,00 24 of the Municipal Code in effect on January 9, 1991 finding that a significant community benefit has been served with the amended Gordon/Callahan final plan because the ARF dedicated a twelve foot public pedestrian/bicycle trail easement and bridge easement on the parcel, the allowable floor area of the entire parcel has been reduced by 54.7% and a significant portion of the 2.4 acres have been preserved as open space; and WHEREAS, the Aspen City Council having considered the Planning Office's recommendations for perpetual vested rights does wish to grant the requested vested rights finding that a significant amount of open space has been preserved, public trail and bridge easements within a critical segment of the community wide trail system have been dedicated, and the overall floor area of the entire subdivision plan has been reduced by 54.7%. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section 1: Pursuant to Section 24-6-207 of the Municipal Code, City Council does hereby grant perpetual vested rights status for the allowable floor area, as defined in Section 24 of the Municipal Code in effect on January 9, 1991, to be 8,500 square feet on amended Lot 9 of the Gordon/Callahan PUD/subdivision, Aspen Colorado subject to the following conditions: 1. The vested right of 8,500 square feet of allowable floor area shall exclude the garage. 2. The vested right of 8,500 square feet of allowable floor area shall only pertain to this parcel which is zoned Rural Residential and shall cease to exist if the subject property is rezoned and/or subdivided. 2 #362982 11/ 93 10:09 Rec $20.00 BK 7* DG 776 Silvia Davii, Pitkin Cnt: Clerk. Doc $. 3.. The conditions of approval contained in Ordinance 23, Series ' of 1993 granting the Gordon/Callahan PUD/subdivision amendment shall apply to the granting of permanent vested rights to develop 8,500 square feet of allowable floor area on amended Lot 9. 4. Any failure to abide by the terms and conditions attendant to this approval shall result in forfeiture of said vested property rights. 5. The approval granted hereby shall be subject to all rights of referendum and judicial review. 6. Nothing in the approvals provided in this Ordinance shall exempt the site specific development plan from subsequent reviews and or approvals required by this Ordinance or the general rules, regulations or ordinances of the City provided that such reviews or approvals are not inconsistent with the approvals granted and vested herein. 7. The establishment herein of a vested property right shall not preclude the application of ordinances or regulations which are general in nature and are applicable to all property subject to land use regulation by the City of Aspen including, but not limited to, building, fire, plumbing, electrical and mechanical codes. In this regard, as a condition of this site development approval, the developer shall abide by any and all such building, fire, plumbing, electrical and mechanical codes, unless an exemption therefrom is i granted in writing. Section 2: The City Clerk shall cause notice of this Ordinance to be published in a newspaper of general circulations within the City of Aspen no later than fourteen (14) days following final adoption hereof. Such notice shall be given in the following form: Notice is hereby given to the general public of the approval of a site specific development plan, and the creation of a vested property right pursuant to Title 24, Article 68, Colorado Revised Statutes, pertaining to the following- described property: The property shall be described in the notice and appended to said notice shall be the ordinance granting such approval. Section 3: If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such 3 4362982 11/09-~3 10:09 Rec $20.00 BK 729 777 Silvia Davis. itkin Cnty Clerk. Doc $.0 prdvision and such holding shall not affect the validity of the remaining portions thereof. Section 4: This Ordinance shall not effect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 5: A public hearing on the Ordinance shall be held on the ~#â‚¬~~'day of ,~~1993 at 5:00 P.M. in the City Council Chambers, Aspen City Hall, Aspen Colorado, fifteen (15) days prior to which hearing a public notice of the same shall be published one in a newspaper of general circulation within the City of Aspen. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council of the City of Aspen on the 627 day of , 1993. ....ft 2.7 te <. Of- i-n_x- f (3...l.'. John ennett, Mayor I I ATg#TE ' 1 J~-2Â·t_ 'Kal:Aryin, ~~~~~och,' City Clerk FINALLY, adopted, passed and approved this 075 day of dkNU,-' 1993. ijA-- [3--X~ John Wennett, Mayor ATT~ST: h..~: - . 0 -Pr lirLA i 1 / \Â«DA-/VVI-7 9< 16, Kathryn s//Koch( City Clerk 03Â£ 3 4 X 5 2 4 #358874 0 5/93 15:44 Rec $40.00 BK ,18 PG 39 Silvia Davis, Pitkin Cnty Clerk, Doc $.00 ORDINANCE N0. 23 (SERIES OF 1993) AN ORDINANCE OF THE ASPEN CITY COUNCIL GRANTING REZONING FROM R-15 (PUD) MODERATE DENSITY RESIDENTIAL TO RR (PUD) RURAL RESIDENTIAL, A SUBSTANTIAL AMENDMENT TO THE FINAL PUD/SUBDIVISION PLAN FOR THE GORDON/CALLAHAN PUD AND SUBDIVISION, AND VESTED RIGHTS STATUS FOR A 2.4 ACRE PARCEL LOCATED ADJACENT TO THE ASPEN CLUB SUBDIVISION OFF OF CENTENNIAL CIRCLE, CITY OF ASPEN, PITKIN COUNTY, COLORADO. WHEREAS, in 1990 the Gordon/Callahan subdivision and final PUD development was approved by the City Council; and WHEREAS, the PUD/subdivision plan included 4 single family lots, 2A, 2B, 2C and 9 and a lot line adjustment between lots 8 and 9; and WHEREAS, the Aspen River Friends (ARF) have purchased the Gordon/Callahan subdivision and have submitted an application to amend the PUD/subdivision development plan, to rezone the property from R-15 PUD to RR PUD and vest their development rights; and WHEREAS, the applicant, ARF, proposes to reduce the number of single family parcels from four to one single family parcel, dedicate a trail easement for pedestrian and bikes, restrict the size of the single family home to 8,500 square feet of allowable floor area, eliminate the retaining wall along old parcels 2B, 2A, and 9, modify the building envelope and ditch alignment of old lot 2C for the new single family parcel, retain one of the four previously approved accessory dwelling units, and vacate the 30 foot access and utility easement across old lots 9 and 2A; and WHEREAS, two "transfer of development rights" that were to be originally applied to the Gordon/Callahan PUD/subdivision shall be retained by the applicant (ARF) to be used elsewhere for future 1 #358874 0, 5/93 15:44 Rec $40.00 BK 718 PG 40 Silvia Davis, Pitkin Cnty Clerk, Doc $.00 development purposes; and WHEREAS, the applicant also proposes to rezone the property from R-15 PUD to RR PUD because the minimum lot size for the RR zone district is 2 acres, RR is compatible with the amendments to the final PUD/subdivision development plan to reduce the subdivided parcels from four to one lots, and a public trail easement is being dedicated; and WHEREAS, the Planning and Zoning Commission reviewed the development proposal in accordance with those procedures set forth at Section 24-6-205(A)(8)(c) of the Municipal Code and did conduct a public hearing thereon on April 20, 1993; and WHEREAS, upon review and consideration of the amendments and rezoning, agency and public comment thereon, and those applicable standards as contained in Chapter 24 of the Municipal Code, to wit, Division 9 of Article 7 (Planned Unit Development) and Division 11 of Article 7 (Zoning Map Amendments), the Planning and Zoning Commission has recommended approval of the Gordon/Callahan PUD/subdivision amendments and rezoning subject to conditions, to the City Council; and WHEREAS, the Aspen City Council has reviewed and considered the Plan under the applicable provisions of the Municipal Code as identified herein, has reviewed and considered those recommendations and approvals as granted by the Planning and Zoning Commission, and has taken and considered public comment at public ~ hearing; and ~; WHEREAS, the City Council finds that the Plan meets or exceeds 2 #35 4 07/15/93 15:44 Rec $40.04 BK 718 PG 41 Silvia Davis, Pitkin Cnty Clerk, Doc $.00 all applicable development standards and that the approval of the Plan, with conditions, is consistent with the goals and elements of the Aspen Area Community Plan; and WHEREAS, the City Council finds that this Ordinance furthers and is necessary for public health, safety, and welfare. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO as follows: Section 1: Pursuant to Section 24-7-907 B. of the Municipal Code, and subject to those conditions of approval as specified hereinafter, the City Council finds as follows in regard to the amendments of the final Planned Unit Development plan: 1. The Developer's amendment to the final plan submission is complete and sufficient to afford review and evaluation for approval. 2. The amendment to the final PUD plan is consistent with or an enhancement of the approved final development plan. Section 2: Pursuant to the findings set forth in Section 1 above, the City Council grants a substantial amendment to the Final PUD development plan approval for the Gordon/Callahan PUD/subdivision subject to the following conditions: 1. Prior to construction of various driveway and entry landscape features and excavation of a partial envelope pad the applicant shall receive an earth moving permit (to be amended for City applications) from the Aspen/Pitkin County building department. 2. If the applicant chooses to construct partial improvements pursuant to condition #1, storm runoff exposed to excavated material shall be maintained on site and shall not be permitted to drain to the Roaring Fork River. A drainage plan shall be approved by the City Engineer prior to the issuance of the earth moving ~ permit. 3. Prior to filing, the amended plat shall be reviewed and approved by the Engineering and Planning Departments. 3 #358874 07/1., 3 15:44 Rec $40.00 BK 711 , 42 Silvia Davis, Pitkin Cnty Clerk, Doc $.00 4. The applicant shall file with the Pitkin County Clerk and Recorder an amended PUD plat and PUD agreement within 180 days of final approval or the approval as rendered herein shall become invalid. The amended plat and agreement shall include language restricting the allowable floor area of the parcel, including the accessory dwelling unit, to 8,500 square feet. 5. All representations that the applicant has made regarding this amendment shall be adhered to during any development. 6. All water, sewer, gas, electric, telephone and CATV connections will be the responsibility of owner of new Lot 9 at time of a building permit. 7. All landscaping will be by the owner of new Lot 9 except for improvements which may be constructed by the applicant described in condition #1. 8. Construction scheduling will be at the discretion of the applicant or assigns. 9. Costs for necessary public facilities related to construction of the single family home shall be borne by the applicant. 10. Prior to the issuance of any building permits, a deed restriction for the accessory dwelling unit shall be approved by the Housing Authority and recorded with the Pitkin County Clerk and Recorders Office with proof of recordation to the Planning Department. The deed restriction shall state that the accessory unit meets the housing guidelines for such units, meets the definition of Resident Occupied Unit, and if rented, shall be rented for periods of six months or longer. 11. The Agreement between the City and Aspen River Friends shall be closed in order to validate this PUD/subdivision amendment and rezoning. Section 3: Pursuant to Section 24-7-1102 of the Municipal Code, the City Council finds the following with regard to the zoning map amendment component of the application: 1. The proposed zoning amendment as set forth in the application is not in conflict with the provisions of Chapter 24 of the Municipal Code or the Aspen Area Community Plan. 2. The proposed zoning amendment is compatible with the I surrounding zone districts and land uses. 6 3. The proposed zoning amendment will not adversely impact traffic generation or road safety when taken into 4 #358874 /15/93 15:44 Rec $40.00 B 18 PG 43 Silvia Davis, Pitkin Cnty Clerk, Doc $.00 consideration with the amendments to the final PUD/subdivision. 4. The proposed zoning amendment will promote the public interest and character of the City of Aspen. Section 4: Pursuant to Section 24-7-1102 and 24-7-1103, and Division 3 of Article 5 of Chapter 24 of the Municipal Code, and findings set forth in Section 2 above, the City Council does grant the following amendment to the Official Zone District Map and does designate the following zone district for the development subject to the conditions as specified below: 1. The 2.4 acres of the Gordon/Callahan PUD/subdivision shall be rezoned to Rural Residential PUD. 2. If the amendment to the final PUD/subdivision plan is rendered invalid, this rezoning shall also be held invalid because the minimum lot size per dwelling unit (2 acres) shall be nonconforming. Section 5: All material representations and commitments made by the developer pursuant to the amended PUD/subdivision plan approvals as herein awarded, whether in public hearing or documentation presented before the Planning and Zoning Commission and or City Council, are hereby incorporated in such plan development approvals and the same shall be complied with as if fully set forth herein, unless amended by other specific conditions. Section 6: The Official Zone District Map for the City of Aspen, Colorado, shall be and is hereby amended to reflect the rezoning action as set forth in Section 4 above and such amendment shall be K promptly entered on the Official Map in accordance with Section 24-5-103 B. of the Municipal Code. 5 #358874 07/15/93 15:44 Rec $40.00 BK 718 PG 44 Silvia Davis, Pitkin Cnty Clerk, Doc $.00 Section 7: Pursuant to Section 24-6-207 of the Municipal Code, the City Council does hereby grant the applicant vested rights for the amended Gordon/Callahan PUD/subdivision as follows: 1. The rights granted by the site specific development plan approved by this Ordinance shall remain vested for three (3) years from the date of final adoption specified below. However, any failure to abide by the terms and conditions attendant to this approval shall result in forfeiture of said vested property rights. Failure to timely and properly record all plats and agreements as specified herein and or in the Municipal Code shall also result in the forfeiture of said vested rights. 2. The approval granted hereby shall be subject to all rights of referendum and judicial review. 3. Nothing in the approvals provided in this Ordinance shall exempt the site specific development plan from subsequent reviews and or approvals required by this Ordinance or the general rules, regulations or ordinances or the City provided that such reviews or approvals are not inconsistent with the approvals granted and vested herein. 4. The establishment herein of a vested property right shall not preclude the application of ordinances or regulations which are general in nature and are applicable to all property subject to land use regulation by the City of Aspen including, but not limited to, building, fire, plumbing, electrical and mechanical codes. In this regard, as a condition of this site development approval, the developer shall abide by any and all such building, fire, plumbing, electrical and mechanical codes, unless an exemption therefrom is granted in writing. Section 8: This Ordinance shall not effect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 9: If any section, subsection, sentence, clause, phrase, l or portion of this Ordinance is for any reason held invalid or #; unconstitutional in a court of competent jurisdiction, such portion 6 #358874 07/15/93 15:44 Rec $40.00 BK 718 PG 45 Silvia Davis, Pitkin Cnty Clerk, Doc $.00 shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. Section 10: The City Clerk shall cause notice of this Ordinance to be published in a newspaper of general circulations within the City of Aspen no later than fourteen (14) days following final adoption hereof. Such notice shall be given in the following form: Notice is hereby given to the general public of the approval of a site specific development plan, and the creation of a vested property right pursuant to Title 24, Article 68, Colorado Revised Statutes, pertaining to the following- described property: The property shall be described in the notice and appended to said notice shall be the ordinance granting such approval. Section 11: That the City Clerk is directed, upon the adoption of this ordinance, to record a copy of this ordinance in the office of the Pitkin County Clerk and Recorder. Section 12: A public hearing on the Ordinance shall be held on the /0 day of ,~~61-1.,/4 1993 at 5:00 in the City Council Chambers, Aspen City Hall, Aspen Colorado, fifteen (15) days prior to which hearing a public notice of the same shall be published in a newspaper of general circulation within the City of Aspen. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council of the City of Aspen on the 026, day of -2- , 1993. V John/Bennett, Mayor ~*A+J j*k_ y *Athry,i,~4Â¢foch; Cfty Clerk 9. ....IT f ..... 9 z adopted, passed and approved this /6~- day of 1993. 4(01.1 8*tt-- I/ 0 1 7 #35ue74 07/15/93 15:44 Rec $40.4. BK 718 PG 46 Silvia Davis, Pitkin Cnty Clerk, Doc $.00 $ 11: ' 'i John Bennett, Mayor i Att .r L :22/ 5 9,04<_ 'ltaf~i/ ~0~ Koch, City Clerk :- 02>.2............ GORADO 8 â‚¬*" 1.,wii, .J. AGREEMENT This Agreement made this 12th day of Julv , 1993 by and between THE ASPEN RIVER FRIENDS, a Colorado Partnership, hereinafter referred to ("ARFP") , and THE CITY OF ASPEN, hereinafter referred to as ("ASPEN"). WITNESSETH WHEREAS, Aspen is the owner of certain real property situated in the County of Pitkin, State of Colorado, more particularly described in Exhibit "A" attached hereto and incorporated herein by this reference, hereinafter referred to as ("Parcel A"), and WHEREAS, ARFP is the owner of certain real property situated in the City of Aspen, County of Pitkin, State of Colorado, more particularly described in Exhibit " B" attached hereto and incorporated herein by this reference, hereinafter referred to as ("Parcel B"), and WHEREAS, a "Greenway" along the Roaring Fork River was identified as a vital part of the County Masterplan in 1974; and WHEREAS, the Roaring Fork Trail wag identified as an important future addition to the trail system in and around the City of Aspen by the Aspen/Pitkin County Trails Master Plan in 1979; and WHEREAS, the City of Aspen adopted the Pedestrian Walkway and Bikeway Plan on September 24, 1990; and WHEREAS, the City Council adopted the Aspen Area Community Plan in 1993 which reaffirms the need to create additional pedestrian and bicycle trails; and WHEREAS, Aspen is desirous of encumbering Parcel A with certain protective covenants and restrictions, ("Protective Covenants") for the benefit of ARFP, and WHEREAS, ARFP in exchange for the imposition Of the aforementioned Protective Covenants and the agreement by Aspen to the other terms and conditions herein is willing to grant Aspen a pedestrian and bicycle public trail easement on Parcel B ("The Easement") as this easement is more fully described and defined herein, NOW THEREFORE, for and in consideration of the mutual covenants contained herein the parties agree as follows: 1) Merchantability of Title to Properties. The parties each warrant to the other as follows: (A) Title to Parcel A Property: Aspen hereby warrants to ARFP that Aspen has, or will obtain within a reasonable time, merchantable title to Parcel A subject only to the exceptions and encumbrances of record, which exceptions or encumberances would not prohibit the implementation or enforcement of the Protective covenants. (B) Title to Parcel B Property: ARFP hereby warrants to Aspen that ARFP has merchantable title to the Parcel B subject only to the exceptions and encumbrances of record, which exceptions and encumberances would not prohibit the granting of the Easement. (C) Delivery of Title Opinion: On or before August 2, 1993, each party shall cause to be delivered to the other, a title opinion issued by either ~ i) counsel for that party, or ii) by a title insurance company doing business in Pitkin County, Colorado, that the title to the parcel described in the opinion is vested in fee simple in that party. In the event the title opinion indicates that title is not vested in fee simple in the other party, or if said opinion indicates that the acts contemplated in this agreement cannot be performed, the party whose property is reported as being non-merchantable shall immediately institute and diligently prosecute all such steps, including but not limited to a quiet title action, at its expense, as may be necessary to vest title to it in the property which it purports to own. This obligation shall survive the closing and delivery of any documents hereunder. 2) Documents. The parties shall execute and deliver the following documents and/or instruments in recordable fashion on or before the date set forth in Paragraph 3 below: (A) Aspen's Documents and Instruments: Aspen shall execute and deliver to ARFP the Protective Covenants for the benefit of ARFP, in a recordable form, encumbering Parcel A with such Protective Covenants. In the event it is determined, pursuant to Paragraph 1 above, that all of Parcel A is not vested in Aspen at this time, Aspen agrees that upon the completion of 2 . any action required to vest Parcel A in itself to re-record the Protective Covenants so as to insure ARFP that all of Parcel A is encumbered by the Protective Covenants. This provision shall survive the delivery of any documents hereunder by ARFP. (B) ARFP:s Documents and Instruments: ARFP shall execute and deliver to Aspen the Easement for the benefit of Aspen, in a recordable form, granting to Aspen a public trail easement for the use of Parcel B upon the terms and conditions set forth herein. (C) Additional Documents and Instruments: The parties shall deliver such other and further documents that are necessary to effect the intent of this agreement. 3) Date of Delivery of Documents. The parties agree that they shall consummate this transaction on the date Of the recordation of the Amended Plat of the Gordon/Callahan Subdivision, as hereafter discussed, which date shall not be later than August 1, 1993. In the event that this transaction has not taken place by August 1, 1993, either party may upon written notice to the other party terminate the agreement. The parties agree to utilize their best efforts to complete the conditions precedent set forth herein i in a timely fashion. At that time, the parties hereto shall execute all documents and perform all acts necessary to consummate the transactions contemplated herein. . 4. Terms and Conditions of the Protective Covenants Upon Parcel A. Aspen and ARFP agree that Parcel A shall be encumbered with Protective Covenants and for the benefit of ARFP as follows: (A) That Parcel A shall be kept in its current natural state, and that no other structures, improvements or trails of any kind shall be allowed thereon, except that i) ARFP shall have the right, at its cost and expense, to remove dead vegetation on Parcel A, and to plant indigenous plants and trees on Parcel A. Any such removal or planting shall only be done with Aspen's approval, which approval shall not be unreasonably withheld, and with the consent of any other governmental agency which has jurisdiction over the portion of Parcel A to be effected by any removal or planting, and ii) That Aspen shall have the right to have a non- vehicular/non-bicycle pedestrian dirt walking path on Parcel A consisting of: 3 1 1 a) the existing pedestrian dirt path of approximately two (2) feet to three (3) feet in width presently located on a portion of Parcel A; and b) from the northern end of the existing pedestrian path, that portion of Parcel A which may be used for the pedestrian purposes shall be approximately two (2) to three (3) foot wide dirt path of the same profile and width as the existing path; and The centerline of the existing dirt path and the proposed dirt path is as stated on Exhibit "C" attached hereto and incorporated herein by this reference. This legal description shall be incorporated into the documents to be executed pursuant to Paragraph 2 hereof. It is the parties agreement that the existing pedestrian path shall not be expanded in any manner and that, once constructed, the new path shall not thereafter be expanded in any manner. This agreement shall be incorporated into the documents to be executed pursuant the Paragraph 2 hereof, and i iii) That Aspen shall have the right to allow fishermen to use that part of Parcel A which is east of westerly boundary of the path defined in Paragraph 1 above, as is also shown on Exhibit "C". ( iv) That Aspen shall have the right to make improvements to the existing Wheeler Ditch structures on Parcel A, including but not limited to headgates, culverting and a foot bridge of no greater than two (2) feet in width. These Protective Covenants shall further provide that the beneficiary thereof shall have the right to injunctive relief, as well as all other legal and equitable remedies available to it in order to enforce the Protective Covenants. 5. Terms and Conditions of Easement Grant by ARFP. ARFP and Aspen agree the Easement to be granted to Aspen on Parcel B shall be granted upon the following terms and conditions: (A) The easement shall be a total of twelve (12) feet in width. A maximum of eight (8) feet of this width shall be a brown tinted concrete only paved bicycle path to match native vegetation. This tint shall be Concrete Products Colors #306 as made by Solomon Grand Chem Service, Inc. or equal. The remaining four (4) feet of the easement shall be an unpaved pedestrian path on the left and right side of the concrete bicycle path. The west side shall have a two (2) foot wide 4 four (4) inch, three-eighths (3/8th) gravel shoulder, back filled flush with the edge of the concrete trail. The east side shall be a two (2) foot wide shoulder back filled with top soil with a finish grade to be flush with the concrete edge and seeded with native grasses. (B) Aspen shall have the right to construct a bicycle and pedestrian only bridge ten ( 10) feet in width (as measured from inside of the railing to the inside railing) at the eastern end of Parcel B, and Aspen and ARFP further agree that the design of the bridge including the alignment, the bridge and the bridge abutments, including but not limited to materials and finish, as well as any stream bank cuts, vegetation, alterations and proposed re-vegetation of the terminus of the bridge at Ute Children's Park and its connection to the existing bicycle path in Ute Children' s Park shall be as shown in Exhibit "D" attached hereto and incorporated herein by this reference. (C) Aspen shall have the right to place a sign on both ends of Parcel B indicating the uses to which the bicycle path and the pedestrian path may be put, and (D) Although the Easement is for bicycle and pedestrian purposes only, motorized vehicles shall be allowed on Parcel B, after construction, if such veDicles are either, i) necessary for maintenance purposes; or ii) necessary for emergency purposes; or iii) motorized wheelchairs, and (E) In order to complete the construction of the bicycle path and the bridge, ARFP shall also grant to Aspen temporary construction licenses on its other real property as follows: i) fourteen (14) feet in width across Lot 9 of the Gordon/Callahan Re-Subdivision in such location as is selected by ARFP reasonably calculated to permit construction vehicles access to Parcel B, and ii) four (4) feet in width along the length of Parcel B for access and construction of the new bicycle path and bridge on Parcel B, iii) a staging area as defined on Exhibit "E" attached hereto and incorporated herein by this reference. 5 iv) all of these licenses shall be subject to the following conditions a) that Aspen shall give the owner of amended Lot 9 of the Gordon/Callahan Subdivision written notice of the commencement of construction at least thirty (30) days prior thereto, and b) that Aspen shall fence the staging area with at least a staked wooden snow fence prior to the, or simultaneously with the commencement of construction, which fence shall be removed when construction is completed or suspended on account of terms hereof; and c) that Aspen may use the temporary licenses for no more than six (6) consecutive months; and d) that Aspen may not use the temporary licenses in any manner, nor perform any construction upon Parcel B during the period from December 1 through April 1; and e) Aspen,upon the completion of construction, agrees to re-vegetate, all of the areas temporarily licensed hereunder, and any other areas, if any, of ARFP's property which may be disturbed during the contemplated construction, to a state commensurate with the surrounding portions of ARFP property outside of Parcel B. f) ARFP is unaware of any reason which would prohibit Aspen from utilizing Crystal Lake Road and Centennial Circle for its construction activities as contemplated herein. (F) Aspen agrees that no healthy trees of any size shall be removed in the areas granted for construction licenses in (E) above, and further that it shall replace any healthy tree removed or destroyed within Parcel B itself with a similar healthy tree of like kind and size, in the location immediately off of Parcel B directly parallel to the location of any tree removed or destroyed within Parcel B. (G) ARFP agrees to that the Easement shall further provide that the "flagging" of the Easement shall remain in place until amended Lot 9 is sold by ARFP and that Easement shall provide that no vegetation, other than grass or flowers, may be planted on Parcel B until after the construction of the pedestrian and bicycle path referred to herein. 6 6) Conditions Precedent to A.R.F.P. Obligation to Grant Easement: The following conditions shall be deemed to be conditions precedent to the obligations of ARFP to grant the easement referred to in Paragraph 5 above. (A) That the Protective Covenants referred to in Paragraph 4 above shall be imposed on Parcel A; and (B) That the Gordon/Callahan Re-Subdivision Plat and P.U.D. Subdivision Agreement recorded in Book 637 at Page 137 (and re-recorded in Book 638 at Page 88) of the records of Pitkin County be amended so that: i) Lots 2A, 2B, and 2C thereon are eliminated and consolidated into Lot 9, and ii) that the building envelope on consolidated Lot 9 be increased in size in a manner satisfactory to ARFP to allow for the construction of a single family home with an allowable floor area, .as the floor areas were defined on January 9, 1991 in the Aspen Municipal Code, of 8500 square feet, which may include an accessory dwelling unit of the minimum required area, all as defined by the Aspen Municipal Code, if deemed necessary by ARFP. I It is recognized that Subparagraphs (i) through (ii) above are part of an amendment app-lication filed by ARFP with Aspen on February 26, 1993, and (C) That Aspen agrees that the expanded building envelope described above may be graded prior to the submission of a building permit application for improvements to be located upon consolidated Lot 9, subJect to the obligation of ARFP to deliver to Aspen a plan for preventing any storm run-off caused by said grading from entering the Roaring Fork River prior to the commencement thereof, and (D) That the amendment of the Plat for the Gordon/Callahan Re-Subdivision in all respects is approved, as are requested in ARFP's application filed on February 26, 1993 and all amendments thereto upon conditions satisfactory to ARFP, and (E) That the bicycle easement presently existing within the Ute Place Subdivision be modified to an unpaved pedestrian only path of three (3) feet in width, which shall align with and join to the existing pedestrian and utility easement between Lot 8 and Lot 9 of the Calderwood Subdivision. The exact location of the unpaved pedestrian only path of which shall be discussed by Aspen, the Gant Condominium Association and the Ute Place Home Owner's Association, provided however that the ultimate location shall be determined by Aspen. Aspen, however, agrees that the alignment of path referred to 7 herein shall be along the westerly boundary of Lot 10 Ute Place Subdivision adjacent to the existing Calderwood wooden fence, if the owner of Lot 10 Ute Place Subdivision moves any trees or plantings which would obstruct the alignment of this path as contemplated herein. 7) Conditions Subsequent: The following shall be conditions subsequent to the Agreement set forth herein which condition shall survive the delivery of the Easement, the Protective Covenants and any other documents and which shall survive the performance of any and all other acts hereunder. (A) Aspen agrees that it shall not construct either the bicycle path or the bridge on Parcel B, as are referred to herein unless and until it presents to ARFP and the owner of amended Lot 90, Gordon/Callahan Subdivision, written evidence, reasonably satisfactory to these entities, that it has obtained all easements and permits, including, but not limited to all permits required from the Army Corps of Engineers, necessary to construct and connect a bicycle and pedestrian path from the existing Benedict Building to either a comparable paved public bicycle trail, or a minimum of eight (8) foot wide paved public right of way, or an improved public park. Further, Aspen agrees that it shall diligently prosecute and obtain title to all of Parcel A, whether by ~ quiet title or by condemnation, and that it shall thereafter cause the Protective Covenants to Joe re-recorded or take such other actions as are necessary to evidence the encumbrance of all of Parcel A with the Protective Covenants. The conditions subsequent shall survive any closing hereunder and shall inure to the benefit of ARFP and any subsequent owner of Amended Lot 9 Gordon/Callahan Subdivision. (B) ARFP acknowledges that the easement across Amended Lot 9 and the City's ability to construct a pedestrian and bicycle trail within the easement and the placement of a bridge across the Roaring Fork River as described herein, is an express consideration for the City to execute this Agreement and for the imposition of the Protective Covenants upon Parcel A. ARFP hereby warrants and agrees that it will not initiate, cooperate with, or be a part of any effort, on its own behalf or any other third party, either directly or indirectly to prevent, frustrate, obstruct, thwart or delay the City's current plans to construct a pedestrian and bicycle trail within the easement across Amended Lot 9 of the Gordon/ Callahan Subdivision and to place a bridge across the Roaring Fork River in a location as set forth in this Agreement, provided, however, that the City has fully complied with the terms and conditions set forth in this Agreement. AFRP further agrees to require any subsequent purchaser of Amended 8 Lot 9 of the Gordon/Callahan Subdivision to execute a written acknowledgement that (1) it has received a copy of the Easement; (2) understands that the City has the right to construct a pedestrian and bicycle trail upon the land described in the Easement and to place a bridge across the Roaring Fork River as described in Easement, and that the City has a right to occupy the construction staging areas and have temporary access over Amended Lot 9 as described in the Easement; and (3) warrants and agrees that it shall not unreasonably, and without good cause, initiate, cooperate with, or be a part of any effort, on its own behalf or on any other third party, either directly or indirectly to prevent, frustrate, obstruct, thwart or delay the City's plans for the pedestrian and bicycle trail and the bridge easement as set forth in the Easement, provided however, that the City has fully complied with the terms and conditions as set forth in the Easement and Protective Covenants affecting the City property located across the Roaring Fork River from Amended Lot 9." 8) Conditions Precedent: The completion of all of the conditions and obligations set forth herein shall be conditions precedent to the parties obligations hereunder. 9) Additional Covenants of Each Party: Each party, as ' amplification of the covenants otherwise contained herein, and not in derogation thereof, hereby covenants with the other, to do, execute, and deliver whatever further acts, transfers, assignments, conveyances, or assurances as the other party may reasonably require for in order to complete the transaction contemplated by the parties pursuant to the agreement. 10) Brokerts Commission: Each party represents to the other that no person, firm, or corporation, has been engaged by any party to this transaction. In the event any party has engaged, on its own behalf, a real estate broker not disclosed herein, such party hereby covenants with the other to pay such broker any commission demanded by such broker or to, at its expense, defend, hold harmless, and indemnify the other party against any suit or action brought by such undisclosed broker, which covenants shall include, but not be .limited to, the payment of all costs, judgments,and attorneys fees, both at trial or upon appeal. 11) Notices: Any notice by any party to the other in connection with this Agreement shall be deemed to have been fully given when written and deposited in a sealed envelope with the United States Postal Service as certified mail with postage prepaid, and addressed to the party to receive the same at the address shown in this agreement, or when deposited in a sealed envelope addressed to the party to receive the same at the address shown in these instructions with a private overnight air carrier, 9 or when dispatched by means of telefax communications to the party to receive the same at the address shown in this agreement. Any party may change its address by giving the other party written notice of the new address in the manner specified herein. 12) Binding Effect: This Agreement shall inure to the benefit of, and be binding upon, the heirs, administrators, executors, personal representatives, successors in interest, and assigns of the respective parties hereto. 13) Iniunctive Relief and Attorney Fees: In any suit or action between the parties arising out of, or in connection with, any of the terms, covenants or provisions of this agreement, the Easement, or the Protective Covenants, the prevailing party in such suit or action shall be awarded, in addition to any equitable relief, or damages, or both, and costs as provided by law, reasonable attorneys fees at trial and on appeal. This provision shall extend to and apply to a suit or action in which the issue may be whether the terms, covenants, and provisions of this Agreement are enforceable or null and void. This provision shall, therefore, be, and is hereby expressly declared by the parties hereto to be, severable from all terms, covenants, and provisions of this Agreement, and furthermore this provision shall be incorporated into the Protective Covenants and the Easement to be i executed pursuant hereto. Furthermore, both parties recognize that damages alone are not an adequate remedy for any breach of the covenants and conditions contained in this agreement or any covenants or conditions which may contained in any conveyance arising out of the agreement and, therefore in addition to all other remedies an aggrieved party may seek injunctive relief to enforce the provisions hereof or of any conveyance contemplated herein. 14) Headings: The headings contained in this Agreement are for convenience only and are not to be construed as part of this Agreement. 15) Construction: Each and every provision of this Agreement shall apply equally to each exchange property as the circumstances may require. This Agreement shall not be construed against the party paying for this preparation, but shall be construed as if all parties hereto prepared them. This Agreement may be amended only in writing signed by all parties hereto. 16) Provisions to Survive Closing: The provisions hereof, including but not limited to all covenants and conditions shall survive the closing hereunder and shall not be extinguished thereby. 17) Closing Costs, Documents and Services: Each party shall pay their respective closing costs at closing except as otherwise 10 - provided herein. Each party shall sign and complete all customary or required documents at or before closing. Fees for real estate closing, settlement services and all survey costs necessary on account of this agreement shall be paid at closing by the parties equally. 18) 129~1111 : Time is of the essence hereof, and if any payment or other- condition hereof is not made, tendered or performed by either of the parties hereto as herein provided, then this agreement, at the option of the party who is not in default may bo terminated. In the event of such termination, the non- defaulting party may recover such additional damages as may be proper. In the event, however, the non-defaulting party elects to treat this contract as being in full force and effict, the non- defaulting party shall have the right to an action for specific performance and damages. 19) Rm,111;REUAK&2: This Agreement may be executed in counterparts, all of which when taken together shall constitute an original document. 20) Applicablo Law: This Agreement shall be construed in accordance with the laws of the State of Colorado and the venue for any action arising hereunder shall be exclusively in the District court in and for the State of.colorado, sitting in Pitkin County, ' Colorado. 21) Entire *grâ€¢â€¢mâ€¢nt: This Agrâ€¢elent constitutes the entirâ€¢ agreement between the parties and all prior negotiations are mergod into thiâ€¢ Agreement. IN WITNESS WHEREOF, the parties have executed tlils Agreement As of the day and year first above written. THE ASPEN RIVER FRIENDS, a CITY OF ASPEN Colorado Partnership THE PETER C. MEINIG REVOCABLE TRUST TERAL PARTNER By: Â£~E Lf ~4~ By: 9 9- 6,.20Â« Peter C. Meinig, Trl.~.6~2 11 . . 1 1 . STATE OF COLORADO } ) SU. COUNTÂ¥ OF PITKIN ) - -- * 3---Q-*iÂ» foregoing Agreement wu Signed before me this 40 0 day o f -,- r - f.h aa>, 1993 by The P.ter C. Meinig Revocable Trust, General -- Partri#r),Uectar C, Meinig, Trustee FOR.THE ASPEN RIVER ERIENDS, a colarado Hartnership. . I. fwitness my hand and official-~~~1 - Â·Â·96? Commistsion Expires: 5- M a-G-_ 4+0~y NO lury Public STATE OP COLORADO ) 1 8/9â€¢ COUNTY OF PITKIN ) The foregoing Agreement was Migned before mc this _- - day of 0 1993 by for the CITY OF ASPEN. Witnexs my h.nd and official seal. My Commission Expires; Notary Public l 12 -- . LIST OF EXHIBITS Exhibit "A" : Legal Description of City of Aspen Property (Parcel A) Exhibit "B" : Legal Description of ARFP Property (Parcel B) Exhibit "C" : Map of general location of pedestrian path on Parcel A Exhibit "D" : Plans, specifications, pictures of approved Bridge Design and Trails Exhibit "E" : Map showing Construction Staging areas and Temporary Access over Amended Lot 9, Gordon Callahan Subdivision c:\wpfiles\frd\afrpcle2.agr 13 ty Council Exhibit -1~r ApprovedJU 9 ICQ , 19 U By Â·Grdinan-- 64-pee. 351 1210-0 4 i q qj Parcel "A" A tract of land being a part of Tract B (41) Aspen Townsite Addition Sec. 18 TlOS R84W 6PM (plat approved May 21, 1957) and the Helen C. Bird entry (plat approved Dec. 22, 1891) described as follows: Beginning at a point from whence Corner 9 of Tract B (41) (A 1954 Brass Cap) bears S 00Â° 21' W 449.45 feet; Thence N 00Â° 21' E 468.07 feet; Thence S 61Â° 27' E 83.79 feet along the south line of Calderwood Subdivision to the centerline of the Roaring Fork River; Thence S 15Â° 35' W 149.64 feet along the centerline of the Roaring Fork River; Thence S 23Â° 15' E 222.00 feet along the centerline of the Roaring Fork River; Thence S 01Â° 40' W 79.10 feet; Thence N 89Â° 07' W 120.50 feet to the point of beginning. Description written by City Engineer, Aspen, Colorado, this 28th day of June, 1993, based on a survey prepared by a registered surveyor and on file at the Office of the City Engineer at Drawing No. 855-36. Lbe, f D .1 --I-- 10 Â·:71 uk Charles E. Roth III M93.162 1 -- 4 W . VU Recorded at - Silvia Davis, nitkin Cnty Clerk, Doc $.C- Reception No. A#va QUIT CLAIM DEED City Council Exhibit :*1 Approved Jc 11 9 1 2 , 19 93 ' THIS DEED, Made this 23 rd day of June , 19 93, By Ordinenee 740 3 91 between BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF 259100 01 1 9 13 PITKIN, COLORADO of the *County of Pitkin and State of Colorado, grantor(s), and The City of Aspen, Colorado, a municipal corporation, whose legal address is 130 South Galena Street, Aspen, I Colorddo 81611 of the County of Pitkin and State of Colorado, grantee(s), WITNESSETH, That the grantor(s), for and inconsideration ofthe sum of Ten Dollars ($10.00) and other good and valuable consideration DOLLARS the receipt and sufficiency of which is hereby acknowledged. has remised. released, sold, conveyed and QUIT CLAIMED, and by these presents does remise, release, sell, convey and QUIT CLAIM unto the grantee(s), its xhei:x, successors and assigns, , : forever, all the right, title, interest, claim and demand which the grantor(s) has in and to the real property, together with | improvements, if any, situate, lying and being in the County of P i tkin and State of 4 Colorado, described as follows: A tract of land located in SE 1/4 NW 1/4 SW 1/4 NE 1/4 SW 1/4 & NW 1/4 SE 1/4 Section 18 Township 10 S., Range 84 West of the 6th P.M. ' The above description includes: Lot 14-37 in NE 1/4 SW 1/4 in Section 18 'I Township 10 S., Range 84 West of the 6th P.M. Lot 6 in SE 1/4 NW 1/4 in Section I 18 Township 10 S., Range 84 West of the 6th P.M. Lot 13 NW 1/4 SE 1/4 (.60 acres) I in Section 18 Township 10 S., Range 84 West of the 6th P.M. Lot 35 in SW 1/4 NE 1/4 (.99 acres) in Section 18 Township 10 S., Range 84 West of the 6th 1'.M. A tract of land in SW 1/4 NE 1/4 Section 18 Township 10 S., Range 84 West of the 6th P.M. between Hoag Entry and Vedic Property and Riverside Placer loca: 24 as follows: Beginning at NE corner of Lot 35 in SW 1/4 NE 1/4, thence North 146 feet to center line of Roaring Fork River; thence N 35'32' W, along center line of Roaring Fork River on west line of Vedic property 186 feet; thence N 4033' W 612.4 feet; thence South along east boundary of Lot Q Block 42 East Aspen; thence westerly along south line of Lot Q to point 40 feet west which intersects . 1. line S. 19'46' East; thence N 61'27' West 54 feet to east line of Hoag E-t ; thence S 0'48' W 510 feet to point on Lux Placer line between corners 31 and 32; thence S 45' E 291 feet to Point of Beginning, 1.6 acres. also known by street and number as: TO HAVE AND TO HOLD the same. together with all and singular the appurtenances and privileges thereunto belongit"f : r in anywise thereunto appertaining, and all the estate, right, title, interest and claim whatsoever, of the grantor(s), either in law or cquit> to the only proper use, benefit and behoof of the grantee(s), it s >hekgoand assigns forever. 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Â· 10Â£12Â· \/ , -UAr.vn.*p-AW.mÂ«-4 I \* I . /2 \ Â£5 I / \ 4 Wilâ€¢un- < ; 0,-r \ \ i 1 4 / Lot 8 \ i , 17796 SF. < , 2 41 AC e m 92\ ... % it >14 :/ Lot 9 1 74 :\\ k.. \ i i ~ â‚¬ \~ 1 104365 377 3 12 2.40 AC. 1 -- Ch '*3 / 1%. W. -x j" Cl'7'4 2fhs,m,nt 1 1 3 1 1 Â· ~ 75 Fr. .. 1 rf 044 1% %,2/ 014 p A 5+Acej MEA / 9 I . 411 \ / . j i r. 2 Callahan Subdivision 4, . / 4.1,11 11 1/1 //584 1 '04Â· w , 2 4 -* ipt t' I 80.48' ; AdiE:~Rb~11+E JE-\-:re"'PA-AL) .----(* 1*MtoRA?1 Access 4 126*AA k 1 1 7786' 4 Câ‚¬Art,â€ž4AL )IC+IE ,06 S+A 6-5 4 8 /bnhanâ€¢nt *41' .bace ; 6 hesA -7-q AE des,3/VA--+Mb R Â· \ \4455 SP. 0 Unplatted 4 A-RE 9 OC Ass j fy) a . C k * 1 ~0 00 AC (4 tj 4 4 1. ,*0 46 8 W ~ : 9 9 ,02 ' 9 3--2.0 -93 City Council Exhibit_~__ ~~ d Approved-T-Jl , 19.93 r.-1 By -ordinance filag-AL- ind shall bexi.9-3 H /9 013 71 vith M e Out Pm Â· 4 6938 SE \ spectively, 0 15''WC < ..Rl /04 70. /Re Ss K 3-' As/>4Â·r,nan k E a..trunt . . q a I . 1 #362898 11/04/93 11:27 R $45.00 BK 729 PG 521 Silvia Davis, Pitkin Cnt :lerk, Doc $.00 P.U.D SUBDIVISION AGREEMENT LOTS 2A, 28, 2C AND LOT 9 GORDON CALLAHAN RESUBDIVISION THIS AGREEMENT is made this / day of jo~..:Â°1; 1993, between THE ASPEN RIVER FRIENDS, a Colorado partnership, (hereinafter re ferred to as the "Owner") , and THE CITY OF ASPEN, a municipal corporation, (hereinafter referred to as the "City") . RECITALS WHEREAS, Owner owns that certain real property (hereinafter referred to as the "Property") located in the City of Aspen, County of Pitkin legally described as: Lots 2A, 2 8 2C and 9, Gordon/Callahan Resubdivision according to the Plat thereof recorded in Plat Book 25 at Page 75 of the records of Pitkin County, Colorado, and; WHEREAS, the Owner submitted an application for, and received approval for a resubdivision of the above referenced property from the City on July 12, 1993, pursuant to Ordinance No. 23 (Series at 1993), for the consolidation of the aforementioned real property into one lot to be known as Amended Lot 9, Gordon/Callahan Resubdivision (hereinafter the "Amended Lot 9") and a rezoning from R-15 P.U.D. to Rural Residential P.U.D.; and WHEREAS, the Owner has submitted to the City for approval, execution and recordation a plat for the Amended Lot 9, (the "Plat") and the City agrees to approve, execute and record the Plat on the agreement of the Owner to the matters described herein, subject to the provisions of the Code and other applicable rules and regulations; and WHEREAS, the City has imposed conditions and requirements in connection with its approval, execution and acceptance of the Plat and such matters are necessary to protect, promote and enhance the public health, safety and welfare, and pursuant to the Code, the City is entitled to assurances that the matters set forth herein will be faithfully performed by the Owner and the Owner's successors and assigns; and WHEREAS, the Owner is willing to enter into such agreement with the City and to provide assurances to the City; and NOW, THEREFORE, in consideration Of the mutual covenants contained herein, and the approval, execution and acceptance of the Plat for recordation by the City, it is agreed as follows: Â¢ 2898 11/04/93 11:27 Rec $ 00 BK 729 PG 522 S..via Davis, Pitkin Crity Clerk, Doc $.00 AGREEMENT 1. Revocation and Supersession of Previous P.U.D. Subdivision Agreement. By their signatures hereon, the Owner and the City hereby revoke and terminate all of the provisions of that certain P.U.D. Subdivision Agreement for the Gordon Callahan 1 1 Subdivision recorded in Book 637 at Page 137 and re-recorded in Book 638 at Page 88 of the records of Pitkin County as if such 1 11 documents had never been recorded, as that document would have affected Amended Lot 9 and as that document would have imposed any ' obligation upon the Owner as the successor in interest to the previous Owner of Lots 2A, 2B, 2C and 9, Gordon Callahan Resubdivision, unless said obligations are expressly set forth in this document. 2. Description Of Resubdivision. The re-subdivision consists of the re-configuration of Lots 2A, 2B, 2C and Lot 9 of the Gordon Callahan Resubdivision into one (1) free-market lot, which shall be known as Amended Lot 9, Gordon Callahan Resubdivision. Amended Lot 9 has a building right attached to it and is exempt from the Growth Management Quota System competition. In addition, the project may consist of one (1) accessory dwelling unit deed restricted to Housing Authority resident occupancy guidelines, the construction of which is also exempt from Growth Management Quota System Competition. In the event that the accessory dwelling unit is not constructed, the requirements of Ordinance 1 (Series of 1990) must be met at the time of the issuance of any building permit. 3. Acceptance of Plat. Upon execution of this Agreement by all parties hereto, the City agrees to approve and execute the Final Plat for the Amended Lot 9 submitted herewith. The City agrees to accept such plat for recording in the office of the Pitkin County Clerk and Recorder upon payment of the recordation fee and cost to the City by Owner and upon review and approval by the Engineering and Planning Department of the City of Aspen. 4. Free-Market Development Rights. It is recognized and agreed that the transferable development rights previously utilized to create Lot 2A and 2B of the Gordon Callahan Resubdivision remain valid, that such development rights may be transferred and utilized in connection with real property located elsewhere in the City of Aspen, subject to existing land use regulations. 5. Easement Grant. A pedestrian and bicycle path easement in the location as shown on the Plat and as defined in the Easement Grant recorded in Book 7.24 at Page ill of the records of Pitkin County is dedicated for the benefit of the City. 6. Protective Covenants. The protective covenants, recorded in Book 9,3.Ci at Page jit>5 of the records of Pitkin County, Colorado, encumbering the real property described in those protective 2 "162898 11/04/93 11:27 Rec $45.00 BK 729 PG 523 .via Davis, Pitkin Cnty C k, Doc $.00 covenants, are hereby granted by the City for the benefit of the owner of Amended Lot 9 and the owners of Lots 10, 12, 14 and 15, Ute Place Subdivision. are hereby granted for the benefit of ARFP and the owner of Amended Lot 9 by the City. 7. Building Envelope, Patio Restriction Area and Floor Area Limitation. The building envelope and patio restrictions for Amended Lot 9 shall be as shown on the Plat. There shall be no construction of any improvements other than fencing, landscaping, driveways, the permitted improvements as set forth on the Plat in the Patio Restriction Area set forth thereon and the pedestrian bicycle path referred to in Paragraph 5 above on Amended Lot 9 outside of the designated building envelope. Within the building envelope, a single family home with an optional accessory dwelling unit of the minimum required area as defined in the Aspen Municipal Code, may be constructed. The total allowable floor area of the single family home and the accessory dwelling unit shall not exceed 8,500 square feet as allowable floor area as defined by the Aspen Municipal Code in effect on January 9, 1991. It is recognized and agreed that any change in the Aspen Municipal Code which amends the definition of "allowable floor area" to anything different than the definition of "allowable floor area" as the same was contained in the Municipal Code of the City of Aspen in effect on January 9, 1991 shall in no way effect the "allowable floor area" on Amended Lot, as defined herein. Regardless of when adopted or when effective, it being recognized by the City that the same is a permanent vested right with respect to Amended Lot 9. 8. Right to Grade Amended Lot 9. The owner shall, subsequent to the recordation hereof, have the option to grade Amended Lot 9 prior to the submission of a building permit application for improvements to be located upon Amended Lot 9, subject to the obligation of Owner to deliver to the City a plan for preventing storm water run off caused by said grading from entering the Roaring Fork River prior to the commencement of any grading. 9. Relocation of Riverside Ditch. The Owner, in its discretion and subject to the approval of the Riverside Ditch Association, may relocate the Riverside Ditch from its current location to a new location. 10. Employee Housing. If constructed, the accessory dwelling unit on Amended Lot 9 shall be deed restricted to the Aspen/Pitkin County Housing Authority ("Housing Authority") resident occupancy guidelines only, provided that the Owner or its grantee shall have ,~ the right to designate the occupant of the unit and give occupancy priority to qualified employees of the Owner of Amended Lot 9 at the time. A sample of the deed restriction for the accessory dwelling unit is attached hereto as Exhibit "A". Prior to the ' issuance of a building permit which allows the construction of an accessory dwelling unit, the Owner of Amended Lot 9 shall be 3 #1 898 11/04/93 11:27 Rec *Z 00 BK 729 PG 524 Sl ia Davis, Pitkin Cnty Cle, n, Doc $.00 required to execute and deliver to the Housing Authority the deed restriction. The accessory dwelling unit is exempt from Growth Management requirements. 11. Improvement Districts. The Owner agrees to join any improvement district formed for the area in which Amended Lot 9 is located. 12. Wood-burning Devices. Any improvements on Amended Lot 9 shall comply with existing regulations applicable to wood-burning devices and gas devices. 13. Material Representations. All material representations made by the Owner on the record to the City in accordance with the approvals granted the Owner shall be binding on the Owner. 14. Fishing Easement. The predecessor in interest to the Owner dedicated to the use of the general public, for fishing , purposes only and not as a public trail, a perpetual, non-exclusive easement and right-of-way along that portion of Amended Lot 9 lying between the centerline of the Roaring Fork River and a line which is five (5) feet (measured horizontally) above the high water line of the Roaring Fork River, as shown on the Plat. By its signature hereon, the Owner re-dedicates said easement. The Owner, however, reserves to itself, its grantees, successors and assigns, the right 'I to use and enjoy the easement area for all purposes which do not interfere with the public fishing rights dedicated hereby, and shall have only such responsibility or liability in connection with the use of the easement by the fishing public as set forth in C.R.S. Section 33-41-101 et. seq.. 15. Enforcement. In the event the City maintains that the Owner is not in substantial compliance with the terms of this Agreement or the Plat for Amended Lot 9, the City Council may serve a notice of non-compliance and request that the deficiency be corrected within a period of forty-five (45) days. In the event the Owner believes that it is in compliance or that the non- compliance is insubstantial, the Owner may request a hearing before the City Council to determine whether the alleged non-compliance exists or whether any amendment, variance or extension of time to comply should be granted. On request, the City shall conduct a hearing according to its normal procedures and take such action as it then deems appropriate. 16. Notices. Notices to the parties shall be sent by United States certified mail to the addresses set forth below or to any other address which the parties may substitute in writing. 4 #362898 11/04/93 11:27 n c *45.00 BK 729 PG 525 Silvia Davis, Pitkin Ct Clerk, Doc $.00 To the Owner: Aspen River Friends Partnership c/o H.M. International 5810 E. Skelly Drive, Suite 1000 Tulsa, Oklahoma 74135 Attn: Peter Meinig With a Copv to: Brooke A. Peterson, Esq. Brooke A. Peterson, P.C. 315 E. Hyman Avenue Aspen, Colorado 81611 To the City: City Manager 130 South Galena Street Aspen, Colorado 81611 with a Copy to: City Attorney 130 South Galena Street Aspen, Colorado 81611 17. Binding Effect. The provisions of this Agreement shall run with and constitute a burden on Amended Lot 9, Gordon/Callahan Resubdivision and shall be binding on and inure to the benefit of the Owner's and the City' successors, personal representatives and assigns. 18. Amendment. This agreement may be altered or amended only by written instrument executed by the parties. 5 #"'2898 11/04/93 11:27 Rec $ 00 Bk 729 PG 526 1 via Davis, Pitkin Cnty Cl :, Doc $.00 19. Severability. If any of the provisions of this agreement are determined to be invalid, it shall not affect the remaining provisions hereof. Attest: THE CITY OF ASPEN, a municipal corporation 113WLÂ©-j LL- 06C- KATHRYN 0. KOCH, JOHN /bENNETT, MAYOR CITY CLERK Approved as to form: THE ASPEN RIVER FRIENDS, a Colorado Partnership By-- filtl~~f (,1.- ROB#~3) II. /LOWE, GENERAL PARTNER STATE OF COLORADO ) ) SS. COUNTY OF PITKIN ) The foregoing Agreement was signed before me this .2'~ day of / U'Â£'4~Ut.4,/ 1993 by JOHN BENNETT, Mayor, and KATHRYN S. KOCH,. City Clerk, for THE CITY OF ASPEN. 91 0 \ 3 J ./4/ /,0 Jlt Witness my hand and official seal. *4'Â· Â· u n f My Commission Expires: *27/96 44#k:43*.. /? B : 1 .1 2 No V ry Publfc ,Â¥,?:45%%?*pr 0/' C P. ,.A'G. 6 U. CALIFORNIA ALL-PURPOSE [NOWLEDGMENT No. 5193 y 36SSSESE>%2mC:2:bbbk,b:ShbbbbES::>SSS_-->cx>Â»xxx>c>:~eÂ»Â»Â»Â»Â»Â»x-eÂ« vvJNaRSActqSBO=9SSSESSS9959523SOSSSE ' 4 ' State of Cali fornia 1 ~ ~PTIONAL SECTION â€¢â€¢â€¢â€¢Iâ€¢ '~ #362898 11/04/93 11:27 Rec $45.00 BK 729 PG 527 County of Los Angeles Silvia Davis, Pitkin Cnty Clerk, Doc $.00 ~ INDIVIDUAL Ili.luu*,1/. 'W p..Wi**11* 1#7'â€¢'8 W.....- ----Â·Â·-1 On 9/9/93 before me, Betty J. Kenyon, notary riihli r DATE NAME, TITLE OF OFFICER - E.G. "JANE-DOE, NOTARY PUBLIC" Â¤ CORPORATE OFFICER(S) personally appeared Robert J. Lowe NAME(S) OF SIGNER(S) TITLECS) 61 personally known to me - OR - Â£ proved to me on the basis of satisfactory evidence Â® PARTNERCS) m LIMITED &3 GENERAL to be the person(s) whose name(sl@ya-Fe |~1 ATTORNEY-IN-FACT subscribed to the within instrument and ac- u knowledged to me that/shetthey executed m TRUSTEECS) the same in @)/he-Uthe*- auth orized ~ GUARDIAN/CONSERVATOR capacity@est and that by@9/ 4*#Attei-r El OTHER: signature(s) on the instrument the person(s), --.........7 or the entity upon behalf of which the BETTY J. KENYON person(s) acted, executed the instrument. .- 'u < Lf .Alvi A SIGNER IS REPRESENTING: COMM. # 989336 z lil-4 <ilÂ»|-1 Nolan, Public - California LOS ANGELES COUNTY WITNESS my hand and official seal. NAME OF PERSON(S) Oil ENTITY(IES) ~ \4~#:4/My Comm. Expiros MAR 28.1997 Aspen River Friends /84 9. Ke.u-~dh. ~ S[GNATGRE OF NO#\RY OPTIONAL SECTION-~ THIS CERTIFICATE MUST BE ATTACHED TO TITLE OR TYPE OF DOCUMENT PÂ· U.D. Subdivision Agreement THE DOCUMENT DESCRIBED AT RIGHT: NUMBER OF PAGES 7 DATE OF DOCUMENT Though the data requested here is not required by law, it could prevent fraudulent reattachment of this form. SIGNER(S) OTHER THAN NAMED ABOVF 533338SBSSSGSSSSSSSSSSS3SSS9989:*ba**M~N<bath:9:,bibrheAIR,ThR:R~-4ae*A,AAmAT,f,bib,rnbbji#xeo)JISS? - Â©1992 NATIONAL NOTARY ASSOCIATION â€¢ 8236 Remmet Ave., P.O. Box 7184 â€¢ Canoga Park, CA 91309-7184 N RESIDENT OCCUPIED DUCI,1,1116 will i ORD[}IANCE D}IR #362898 11/04/93 11:27 ec $45.00 B}< 729 F'G 528 Silvia Davis, Pitkin C. , Clerk, Doc $.00 THIS .OCCUPANCY DEED RESTRICTION All[) AGREEMENT (tho . "Agreâ€¢ment'N la mado and *intered into thlm day of 0 19 , by as between' , of the City of Ampen, County o[ Pitkin, State of Colorado, whono addreum 11 (hereinafter referred to am "Owner"), and the ASPEN/PITI<111 COUNTY HOUSING AirriloRITY a cultl-jurindictional housing authority : establishâ€¢d pursuant to the AMENDED AND RESTA'rEf) INTERGOVERIMENTAL AGREEMENT recorded in !30:,2 1.05 at Page 7!11 ot the râ€¢cord3 of thu Pitkin County Clerk anÂ·.1 r.ecorderm. Office (hâ€¢râ€¢inaft.r called the Â»AuthorityÂ»). WHEREAS, Â·, the 'Owner owns real property more npocl flcally doscribod as '2 ' ("Real Property'9, f 'upon which the Owner. Â·intondn to construct and a square foot ~ bedroom Râ€¢â€¢ldâ€¢nt Occupied Dwed ling Unit ("R/0 Unit"). Â· For purposes of thli Agreement the R/O Unit., Â· , and the real prop=ruy and all appnetinancoa, improvements, and rlxtures asmoclatod tharâ€¢with â€¢hall Iiâ€¢râ€¢inafterÂ· bi râ€¢furred to h U t 1,0 "Propirty"; and Â· WHEREAS, thig Agreemint Jmposen certain covenants Upon the R/O Unit, when rontid by Owner, which re,trict tha use and occupancy of the R/O Unit to working runldenta of Pitkin County anti their families who tall within the Housing Authority resident quallfication guidellnem entabllshâ€¢d and indexed by the Authority on a n annual hantâ€¢ I . NOW, THEREEORE, in conolderation of the promiâ€¢es, Owner hereby covenants and agreem au follows: - . 1. Owner hereby covâ€¢nants and agrees that the propert:y shall not biÂ·condominttlmirâ€¢d during the term of thiâ€¢ agroomont such that the 11/0 Unit and the :rtingl,-family rosidence are considered .eparate propâ€¢rtle*, but that the R/O Unit nhall be conitructed and maintained â€¢o.ni to bâ€¢ capable of bâ€¢ing rented ,iparately from th,t alr.gle-fawlly residence. 1,1~1 + i. .. .... ./ 1, 2. The Owner nhall not be required 'to rent or lease the R/O Unit, but l[ it 15 rented or leased, occupaucy nhall limited exclunlvely to Individualâ€¢ who are vmployed full-time in Pitkin County, together with a spoion and relatod children. The lanne, Bliall moit and comply with the definition anct requirements or a working resident estnbllahed and from time to time amended by the Anthority. Owner â€¢hall have the right , I . 1 d. I C K H 18 \T ~ -A 1 . 1 to lease Lli 50 wilt to a qualified workina rooldent of his nolection. / 3. Written verlfication of employment of prospectivg tonanto of the R/0 Unit shall bi completed and filedÂ·with the }louming Authority offlco by the Chacr prior to occupancy thâ€¢rtiof, and muâ€¢t be acceptablâ€¢ to thâ€¢ Downing Authority. 4. Occupancy of the R/0 unit â€¢hall be 11101.ted to no moro than two (2) adultes and related children. 5. Any lonse of the R/0 Unit shall provide for n term of riot less than nix (6) cons.clitlva months, A ulgned and executed copy of loase for the R/0 Unit ,hall be nubmitted to the Housing Authority within ten (10) days of approval of residents. 6. This Agreement shall constitute covenants running with tho Real Property as a burden for the benefit of, and nhall be â€¢pociflcally .enforceable by, the Houning Authority and the City of Aspen, their respective rtticcenmors as applicable, by any appropriate legal action including, but not limited to, injunction, abatement, or eviction of non-complying lensees. Ill WITNESS WHEREOF, thâ€¢ parties hereto have executed thin 1nntrurnent on the day and yâ€¢ar above first wrltten. #362898 11/04/93 11:27 Rec $45.00 BK 729 PG 529 Silvia Davis, Pitkin Cnty Clerk, Doc $.00 OWNER: Mailing Addro,â€¢: ' :.1. *f' 1 #362897 11/04/93 11:25 ,c $50.00 BK 729 PG 511 Silvia Davis, Pitkin Cnty Clerk, Doc $.00 EASEMENT AND LICENSE AGREEMENT THIS AGREEMENT, made this 'Yr day of lia,-,41 Q 1993, by and between THE ASPEN RIVER FRIENDS, a Colorado partnership (hereinafter "ARFP") , and THE CITY OF ASPEN, (hereinafter "Aspen") . WITNESSETH WHEREAS, ARFP is the owner of certain real property situated in the County of Pitkin, State of Colorado, more particularly described as Amended Lot 9, Gordon/Callahan Resubdivision, hereinafter referred to as the "Amended Lot 9"; and WHEREAS, the parties are desirous of agreeing upon the use by Aspen, its successors and assigns, of an easement on ARFP's property for a pedestrian and bicycle path hereinafter referred to as the "Easement" on a portion of Amended Lot 9; and WHEREAS, the parties, by this agreement, wish to make provisions for unobstructed use of the Easement for purposes set forth herein; and WHEREAS, ARFP is also willing to grant Aspen a construction license upon portions of the Lot, upon the terms and conditions set forth herein; and NOW, THEREFORE, for Ten Dollars ($10.00) and other good and valuable consideration, each in hand paid to the other, and in consideration of the mutual covenants and conditions contained herein, it is agreed as follows: 1. Easement. ARFP hereby grants to Aspen a perpetual, exclusive easement of ingress and egress over across and under a portion of Amended Lot 9, as that portion of Amended Lot 9, Gordon/ Callahan Subdivision as is more particularly described in Exhibit "A" attached hereto and incorporated herein by this reference and which may hereinafter be referred to as the "Easement Area." This easement shall be used for pedestrian and bicycle use only, subject to the following terms and conditions: (A) The easement shall be a total of twelve (12) feet in width. A maximum of eight (8) feet of this width shall be a concrete only paved pedestrian and bicycle path tinted brown to match native vegetation. This tint shall be Concrete Products Colors #306 as made by Solomon Grand Chem Service, 1 #36 '7 11/04/93 11:25 Rec $50. -'-) BK 729 PG 512 Silk_a Davis, Pitkin Cnty Clerk Doc $.00 Inc. or its equivalent. In the event any portion of this pedestrian and bicycle path is required to be a boardwalk by the Army Corp of Engineers or any other governmental entity having jurisdiction over riparian areas, in order to mitigate any damage to riparian areas, then the boardwalk shall have a ten (10) foot wide timber structure with no railing as is shown on Exhibit "B" attached hereto and incorporated herein by this reference. The remaining four (4) feet of the easement shall be an unpaved pedestrian path on the left and right side of the concrete bicycle path. The west side shall have a two (2) foot wide four (4) inch, three-eighths (3/8th) gravel shoulder, back filled flush with the edge of the concrete trail. The east side shall be a two (2) foot wide path back filled with top soil with a finish grade to be flush with the concrete edge and seeded with native grasses. (B) Aspen shall have the right to construct a bicycle and pedestrian only bridge ten (10) feet in width (as measured from inside of the railing to the inside railing) at the south western end of the Easement Area. Aspen and ARFP agree that the design of the bridge including the alignment, the bridge and the bridge abutments, including but not limited to materials and finish, as well as any stream bank cuts, vegetation, alterations and proposed re-vegetation of the terminus of the bridge at Ute Children's Park and its connection to the existing bicycle path in Ute Children's Park shall be as shown on Exhibit 11 B" attached hereto and incorporated herein by this reference. (C) Aspen shall have the right to place a sign on both ends of the Easement Area indicating the uses to which the bicycle path and the pedestrian path may be put, and (D) Although the Easement is for bicycle and pedestrian purposes only, motorized vehicles shall be allowed on the Easement, after construction, if such vehicles are either, i) necessary for maintenance purposes; or ii) necessary for emergency purposes; or iii) motorized wheelchairs 2. Construction License. In order to complete the construction of the bicycle path and the bridge, ARFP hereby grants to Aspen temporary construction licenses on other portions of Amended Lot 9 as follows: (A) fourteen (14) feet in width across Amended Lot 9 in such location as is selected by ARFP reasonably calculated to permit construction vehicles access to the Easement Area, and 2 443-Â°897 11/04/93 11:25 Rec $50.00 BK 729 PG 513 Si ia Davis, Pitkin Cnty Cle Doc $. 00 (B) four (4) feet in width along the length of the Easement Area for access and construction of the new bicycle path and bridge written on the Easement area, (C) a staging area, as defined on Exhibit "C" attached hereto and incorporated herein by this reference. These licenses shall be subject to the following conditions: i) that Aspen shall give the owner of Amended Lot 9 written notice of the commencement of construction at least thirty (30) days prior thereto, and ii) that Aspen shall fence the staging area with at least a staked wooden snow fence prior to the, or simultaneously with, the commencement of construction, which fence shall be removed when construction is completed or suspended on account of terms hereof; and iii) that Aspen may use the temporary licenses for no more than a total of six (6) months which shall be consecutive, unless construction is suspended pursuant to (iv) below; and iv) that Aspen may not use the temporary licenses in any manner, nor perform any construction upon the easement during the period from December 1 through April 1 of any year; and v) that Aspen, upon the completion of construction, shall re-vegetate, all of the areas temporarily licensed hereunder, and any other areas, if any, of Amended Lot 9 which may be disturbed during the contemplated construction, to a state commensurate with the surrounding portions of ARFP property outside of the Easement Area. Vi) any planting within the construction license areas done by the Owner of Amended Lot 9, other than grass and flowers, shall be removed by the Owner, at its expense, upon receipt Of the notice of commencement Of construction referred to in (1) above. 3. Replenishment of Disturbed Vegetation. Aspen agrees that no healthy trees of any size shall be removed in the areas granted for construction licenses, and further that it shall replace any healthy tree removed or destroyed within the Easement Area itself with a similar healthy tree of like kind and size, in the location immediately off of the Easement area directly parallel to the location of any tree removed or destroyed within the Easement area. 4. Flagginq and Vegetation Within the Easement. ARFP agrees that the "flagging" of the Easement Area shall remain in place until the Lot is sold by ARFP and that no vegetation, other 3 #362897 11/04/93 11:25 Rec $50.00 BK 729 PG 514 Silvia Davis, Pitkin Cnt lerk, Doc $.00 than grass or flowers, may be planted on the real property described in Exhibit " A" until after the construction of the pedestrian and bicycle path referred to herein. 5. Condition Precedent to Use of Easement and Construction. Aspen agrees that it shall not construct either the pedestrian/ bicycle path or the bridge on the Easement Area, as are referred to herein unless, and until it presents to ARFP and the then owner of the Lot, written evidence, reasonably satisfactory to these entities, that it has obtained all easements and permits, including, but not limited to all permits required from the Army Corps of Engineers, necessary to construct and connect a bicycle and pedestrian path from the existing Benedict Building to either a comparable paved public bicycle trail, or a minimum of eight (8) foot wide paved public right of way, or an improved public park. 6. Obstruction. The parties hereto agree not to obstruct, impede or interfere one with the other in the reasonable use of the access and utility easement for the purposes set forth herein. 7. No Interference. The exercise of the rights granted herein by any party shall not unreasonably interfere with the use of the properties burdened hereby. Furthermore, ARFP hereby warrants and agrees that it will not initiate, cooperate with, or be a part of any effort, on its own behalf or any other third party, either directly or indirectly to prevent, frustrate, obstruct, thwart or delay the City's current plans to construct a pedestrian and bicycle trail within the easement described herein or to place a bridge across the Roaring Fork River in a location as set forth herein, provided, however, that the City has fully complied with the terms and conditions set forth herein and in the Protective Covenants recorded in Book 721 at Page -5.05 of the records of Pitkin County. AFRP further agrees to require any subsequent purchaser of Amended Lot 9 to execute a written acknowledgement that 1) it has received a copy of this Easement; 2) understands that the City has the right to construct a pedestrian and bicycle trail upon the land described in this Easement and to place a bridge across the Roaring Fork River as described in Easement, and that the City has a right to occupy the construction license areas and have temporary access over Amended Lot 9 as described in this Easement; and 3) warrants and agrees that it shall not unreasonably, and without good cause, initiate, cooperate with, or be a part of any effort, on its own behalf or on any other third party, either directly or indirectly to prevent, frustrate, obstruct, thwart or delay the City's plans for the pedestrian and bicycle trail and the bridge easement as set forth in this Easement, provided however, that the City has fully complied with the terms and conditions as set forth in this Easement and Protective Covenants affecting the City property located across the Roaring Fork River from Amended Lot 9 recorded in Book UQ at Page 3570.Sof the records of Pitkin County. 8. Notices. All notices, demands and communications required hereunder shall be served or given to the respective party at its respective address as set forth below or as otherwise designated in the manner set forth herein. Any notice, demand or communication 4 362897 11/04/93 11:25 Rec '=0.00 BK 729 PG 515 lvia Davis, Pitkin Cnty L k, Doc $.00 shall be given by personal service or certified mail, return receipt requested with first class postage pre-paid thereon, and unless sooner, received three (3) days after the date of certifi- cation. The address of the parties hereto are as follows: The Aspen River Friends, The City of Aspen c/o H.M. International c/o Aspen City Attorney 5810 E. Skelly Drive 305 S. Galena Tulsa, OK 74135 Aspen, Colorado 81611 Attn: Peter Meinig With a Copy to: Brooke A. Peterson, Esq. Brooke A. Peterson, P.C. 315 E. Hyman Avenue Aspen, CO 81611 9. Attorneys: Fees. Should any party hereunder be required to resort to legal or equitable process for the enforcement of any of the provisions of this Agreement, the prevailing party shall be entitled to collect all of their reasonable attorneys' fees, expenses and costs. Jurisdiction for any legal proceeding shall be within the District Court, Pitkin County, Colorado. 10. Running of Benefits and Burdens. All provisions of this instrument, including benefits and burdens, shall run with the title to Amended Lot 9 and are binding upon and inure to the assigns and successors of ARFP. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day and year first above written. THE ASPEN RIVER FRIENDS, a CITY OF ASPEN, a Colorado Partnership municipal corporation 0 2- 4-444 1 By: 9 1 By: ~Lp (3,-W-- RO*Ek'r ./. LOWE, JOHN hENNETT, MAYOR GENERAL PARTNER ATTEST: By: ~~Â£-a) 4/Â£6- KATHRYN *' RodH, CITY CLERK 5 #362897 11/04/93 11:25 Rec $50.00 BK 729 PG 516 Silvia Davis, Pitkin Cnt ; lerk, Doc $.00 STATE-~~' CALIFORNIA ) ) SS. /U////- COUNTY OF LOS.ANGELES ) The foregoing Agreemept was signed befÂ°rs,meÂ»this &4 - day of 7*2.,A) , 1993 by ROBERT Jt-LOWE, General----Partner, for THE ASPEN RIVER FRIENDS, a Colorado PartAREphigc--- Witness my hand _~d-~afficial seal. My Commissi~n--Elpires: 327/fG \--XOAAijtkb Nftary Publ/c STATE OF COLORADO ) ) SS. COUNTY OF PITKIN ) The foregoing document was acknowledged and sworn to before me this A day of 91Â»i,g,icÂ£4.j , 1925, by JOHN BENNETT, May-~,J,z j and KATHRYN S. KOCH, City Clerk, for THE CITY OF ASPEN. 4<7 4 My commission expires: 9/27/FC f :0'b 11 000 Witness my hand and official seal. E i ,; -â€¢ ~12<*22 ~</ 1 L.eekb J... CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No. 5193 ~29-0..Â«Â·criAT<k-:r<-#=TE~~ETEQSz*FVA-cul~kt:,2:Al<L:;14:26=2.--.c2-AR.Â·212:99522Â»20Aq-43TF<4LE-w---cr ---=c-Q:--c~-~--crt-'ST'-~-~c n 4 5 State of California = OPTIONAL SECTION- CAPACITY CLAIMED BY SIGNER X! 1 County of Los Angeles Though statute does not require the Notary to i ~~ j fin in the data below, doing so may prove / i On 9/9/93 invaluable to persons relying on the document. < before me, Betty J. Kenyon , Â¤ INDIVIDUAL i DATE NAME, TITLE OF OFFICER - E.G., "JANE DOE, NOTARY PUBLIC" Â¤ CORPORATE OFFICERCS) ; Â·Â· personally appeared Robert J. Lowe ~ NAME(S) OF SIGNERKS) TITLE(S) 2 A personally known to me - OR - m proved to me on the basis of satisfactory evidence El PARTNERCS) E LIMITED Â·Â· ~ GENERAL .. to be the person(s) whose name(s)@/areÂ· - U ATTORNEY-IN-FACT subscribed to the within instrument and ac- â€ž knowledged to me tha â‚¬*-sh,Alaey executed j TRUSTEECS) r. j. the same in ~hadthet#- authorized m GUARDIAN/CONSERVATOR ! capacityfiesh and that by EDkhemÂ·herr m OTHER: .. signature(s) on the instrument the person(sh , j rr.,2-:7--1 or the entity upon behalf of which the Â£ B J. KENYON person(s) acted, executed the instrument. i :. 2 4Â·.473Â·-A SIGNER IS REPRESENTING: 4 */ ' 7Â·< \:\ COMM. # 989336 " 2 P,Y.../,I.4 j Notory Public - Colifomia E NAME OF PERSON(S) OR ENTITY(IES) f .. 2 UÂ·Â·,t,Jif/> LCD S ANGELFS COUNTY i WITNESS my hand and official seal. .j Â·Â· 71 \EtÂ®.%-/Al,; Lorna. Expires MAI? 28. 1997 ; Aspen River Friends $ 0.11 m 1 , lis. 10(*7 l' IAÂ»tÂ»- Partnership - SIGNATURE OF N~TARY 7 OPTIONAL SECTION ~ 9 Â·1 THIS CERTIFICATE MUST BE ATTACHED TO TITLE OR TYPE OF DOCUMENT Easement and License Agreement Â·. THE DOCUMENT DESCRIBED AT RIGHT: ~ Â· ~ Though the data requested here is not required by law, NUMBER OF PAGES 6 DATE OF DOCUMENT it could prevent fraudulent reattachment of this form. SIGNER(S) OTHER THAN NAMED ABOVF ./ ~2:9322SEESESESSESSS222SESESSESS,â‚¬29:9622:2;:62:Shbass--u-.*~~ESSESE~ Â©1992 NATIONAL NOTARY ASSOCIATION â€¢ 8236 Remmet Ave., P.O. Box 7184 â€¢ Canoga Park, CA 91309-7184 -1)Â«-*kW- ~Ii x I, , p. , T- 1\ goo.uvr 11/04/96 11:25 Nec *50.00 BK 729 PG 517 502.011 Silvia Davis, Pitkin Cnty Clerk, Doc $.00 Tu,elue Foot Wide Bicycle and Pedestrian Trail Easement Owner hereby dedicates an easement for a bicycle and pedestrian trail situated in the Gordon/Callahan Subdivâ‚¬sion as filed in the records of the Pitkin County Clerk and Recorder, City of Aspen, County of Pitkin, State of Colorado, being buetue (12) feet in uridth, six (6) feet on each-side of the following described centerline: Beginning al a point on the 0'est tine of said Gordon/CaUahan Subdivision whence the Southwest corner of Lot 9 of said Gordon/Callahan Subdivision bears South 01 degrees 40 minutes 00 seconds Â»'est (S 01'40'OV K), a distance of 21.22 feet thence North 68 degrees 23 minutes 59 seconds East (N 68~23'59' El a distance of 47.24 feet; thence North 10 degrees 56 minutes 48 seconds West (N 1 956'48" W), a distance of 26.19 feet; thence North 10 degrees 49 minutes 30 seconds West (N 1(749'30* 10, a distance of 34.82 feet: thence North 29 degrees 18 minutes 07 seconds West (N 2918'07" W), a distance of 28.47 feet: thence North 15 degrees 12 minutes 47 seconds Yest (N 1512'47't K), a distance of 36.96 feet: thence .. North 32 degrees 20 minutes 14 seconds West (N 3220'14* Fl a - distance of 25.41 feet; thence North 38 degrees 30 minutes 50 seconds lest (N 38'30'50'Â· Wl; al distance of 32.38 feet; thence ./.' , North 10 degrees 41 minutes 56 seconds Fest (N 10'41'56" FO, a distance of 51.78 feet thence North 13 degrees 29 minutes 21 seconds East (N 1529'21" El a distance of 18.82 feet: thence North 21 degrees 39 minutes 22 seconds East (N 21'39'22" El a. distance of 51.49 feet thence North 20 degrees 44 minutes 08 seconds East (N 2944'0/ E), a . distance of 34.66 feet thence North 04 degrees 11 minutes 14 seconds East (N Of 11'14~ O, a distance of 55.97 feet; thence North 17 degrees 50 minutes 49 seconds East (N -1 750'49' El .a . - i distance of 28.09 feet to a point on the North line of said Gordon ~.,. Callahan Subdivision, the point of terminus, whence the Southwest-.. corner of Lot 1 of the Gordon Subdivision as filed in the records of : the Pitkin County Clerk and Recorder, being the same as a North AP of Â· said Gordon/Cattahan Subdivâ‚¬sion bears North 88 degrees 50 minutes 00 seconds West (N 8850'00 Wl a distance of 5.04 feet. Â· The - Â·~" 2 sidelines of said easement are to be lengthened or shortened to meet .-) . the lot lines of said subdivisions. V. *' -/. ' The terms and conditions of the gra:nt of said Easement are more fully set forth in that TraU Easement and License Agreement recorded in Book at Page ___ of the records of Pitkin County, Colorado, the terms of which are inco,porated herein by this reference. - . 0 11 I - -#36289 11/04/93 11:25 Rec $50.00 Bl< 729 F'(3 518 721_21--7-7-7.-_ 1 1 ~ Silvia Davis, Pitkin Cnty Clerk, Doc $.00 1 K-li. ' th> 1 .A g ., 1 jilli ELâ‚¬'7441:1 c/. Â· ,f f 11, 2--A-- f / 1 / 1 ----N> 1 k 113;\I - --,f 1il ' : Â¢ 1 -' '' 1 1- 0 NOTE -172,1 to,histae~..h., Ef4=le,C- m 4 / pnor,fo <onstructton / f r / 1 /9 1 / : 7'I--- ff 1 I -1 1 % - U // /\ 1 / -, \ 2 9 '4 ' U 1/2 \ i f j 21" 3 -- l 3 1 \ a ./., , 527.9 TOÂ·....12t 0 . ~ aburment - 9.0 #*Rg rAâ€¢Lsâ€žEirl .0.-3.-f gfir--Â·fl> ~ 1 , . - 5=2:7:t:: to lk. - I 3 , reve,gew. ,â€¢Â« n ive.1-.--~---"~~\rp~>d- 1 \\ 9/â€¢s' seedÂ·Ind to .pruk,1 / 7 - 1\ 0 ' 1, ~.._L-â‚¬14JE~f~'i Â°--nucE:~4-3 .22~- @ .ppm'. 5' ./aC,Ing \ I NAÂ· suvâ€¢.bc,Â·V I.''di ,*se t,vihei 0 :..10â‚¬/ C : ' O Â· 8,4 0 4 Â£ " -elit.66* Mof~ ga- Ct-~-91 t \L ...r J........1 .... 1 1 ./1 g.... ---- - ~Â«7~ RivÂ£,C- fÂ«.I -"~'TEE=:*A'..,q,p~- l,f~Â©~4,/\' 1%// . 60,43 - : 1 ;-X -- 0/ I'.UOS // \12"11- 3 /U --/1 0 1 beard-1 b be . 2.-711 'houider 1 1..... ..st 3*e z--FEEL-kf%5*,PYAMj.-.1~.hcj~ igfE=+42 > 9-f "~ r.4%*F~T/ PARK 0'-3, f,29.4 etit,orr- ,/t/l 2/1-9 Do â€¢01:di,n-*Any 3 -. â„¢41.92Â·. ; /7.dÂ»4:P- I. vegeratt" out,â€¢de 2-.1, or 2' flbrn r.,th -0,4. T"/ - 0/Ns . ~r.- - - M:' - -33-%29 - b, sT U h/0-3Â«-.Â»v-~ :<---4-0, it->ji--4Â·151* Â»-Â«~ -~-= ~- -Â°- C . - : .-I. brown cor,aÂ·ite (â€¢304) -{,93622Â»I t.2 f<-4.--4*ru-::G).d;Ki .,N /273,144-20% N '%\ I \3 - truil wi,h 1' guv.1 >nou,der EET':mt-=.r ,-<% 722&:Fre:26/z.--r~t~,â€žU/f~ 11 t::. 1-: -- 1/-1&.1*2195=AeÂ¥2*9 / ---- ...6,=93Â¥9,12=k---533->~"- -- 9- 4 - -LM-#361 30%33/95Â»,./ W It , / /752 -/--iMA. \ C ~ Il\1\111\" 1 , \ / 1- ( ck Clt<01~0~1/-l -~li I 9-'Ji//~ f Il / / 1 / \ 2~ty-OrkÂ»92-91- \94 ...59 . Rearing Fork River-Trail 485 Acm,r.-Â·Souldcr. CO %030.2, . -- / 3 - - - ut, 12]6 through derdoll/011/han Subdivision =<.303'440-9268 , M/,993 \ -- A // 34/ Â· 1*/ 7 -Â»00 1 LK-+At 6,7 6 ;%.ur Â· ft 1-9 Â· K. #362897 11/04/93 11:25 Rec $50.00 BK 729 PG 519 Silvia Davis, Pitkin Cnty Clerk, Doc $.00 Â·a,p*tyete~eâ‚¬emÂ»MÂ«epaf?VM~~ IWIST .pr.,i.~riut,Cd Bridge-56,SpeÂ«Ac.,flons 2,1+ 4 0,10" 9 . ' I 'to. ' 0.-'. ath / 4.1 6 Â£ 7 '- 1 er,3 only 2 /14 *S /5.(50,-w~hl/.cia,r b~f--1 Pates) -rn 1/1-*"/ 50â€¢â€¢ -1 â‚¬.â€¢40nly $./. Dr,Â·,1,d, 1 14 A id preGâ€¢briatid 44â€¢ r tob..supp~,Id bylh,C,cy,<Aip-1 1 â€¢ IKA,61:ZEIVF=J-*ey,4,-INV/,0 19.0 ,-r---rE-IEENEEN j\I\1/1,01 47r-PT~-2-Dr-;~ 01.rl,1 . 290' Â· 1 C V C 94,7, faniAol,1 -DC I'/4 21- 14' |,idâ‚¬ abrid~a,/0/4 1 / - -A t.., [1~~~''* . ,oo.â€ža.woo ...v q.,Â· .s i:::. _7970' . .ox.-- A.t.,9 9-,rd au,-u,2 Fj- r--1'0~~~u,... J .12Â·0./ 1 \._ 79160'. see aburrew Elinng Law,ng ibr~ 2~r -73604 .......... a 154. #01 -Ths .reet râ€ž,16 > 20 ~ dz ure BRUDGE 4:44-1>U ~ '14 7950' - - ID 7950 Â· 1 ~'=25=ZI -Â·- - 1 End -Â¥ uoâ„¢â€¢ Abâ€žIrâ€ž-,h 'r~ il'-0~,r. I-gh lbâ€¢J,o'p- .CAL~+ SECT,ON Existing grour~ jurdic .- 4 1-YPI CAL BREAKAwAY 8910035 ABUTMENT tr Condete Alth : 224<New a~.,le'.p /~-bâ€¢ - ***pu D,r~, riâ€ž* GM~ET "fA' 79= - 4- ter- =Ok. r- Ar~ :9Â¢2 k ': - *# 00 r-1 d,kturb NONS 7/8/" 5/EL '"LL 95 5 1 *-- ~--7-3-1 '.3â€¢'/2â€¢,1/GE...' 34 'r Rour s/- timbel Asâ„¢ 4%00 GAAOE e 2â€¢,0 Fr 8/10 .r I.adong b.v L -4*,OVI INSTALL Aâ€¢"I,G AFTE' 7---7====-- -Lf*GE .- Arm- 42 .m-r. e - brn/ CONCRETE *S BEEN POURED 3 - F 7 timber * -LING CONâ€¢ECTONS D 008,5 l - '( red .st,0.1,1Â¢rs - ...,to.Ing kondÂ·Lver . j / 1.6 u,ns,de â€¢4.,0< -4./:Thook -E ALL â€¢ELOED. 191/1 9> 3 (% 0 24~ C C ROADE ENS OJSUME .ATE' AT 1 1.1% 0 5%1 END Or ALL M S- WE'.0 Al. |1 : |i 9.10'r 2,4,1-4/1 1 sECTION A Â·A view look,ng downsnÂ·'earn -timber- f 9".d. ,., ./. 51NLKITÂ»:AL STEE- D.L. BE SMC. .1 i r:-:i,z xxr- 521â€¢m PA- TED WITâ€¢ 0'l.gr 1-VE SUU.E. 1.'10' Rd,â€¢4~ Sill >04><y t.-L~ , |' ~ -2 - 2-h~#bolts ~J.,0,1~~~~19%9:~&r,ger. 2~~77co..rZ~cLZ~& v-:Te,3 X & I ,~.D,m, â€ž .12 -,1 Ee- 'â€ž.a.4 0â€¢ 70....0 â€¢â‚¬1.De 1 N < EA,Stir,9 9-nd wf// *%*-*20*Â« 7990- 44, 1 ,Â·Â·â€¢Â·+â€¢com,opÂ¢bmi , 1 4 ..~Or OVER -... 08]WT â„¢ST Ne, Gen,Q"rry ./..S 'll Mr-Â·â€ž-.5- 024. lowe, b.n ST- Co- SHALL BE P-10Â£0 1 - 1 _LL-- 4 . *W 1 ,-- ./0 conc Ple- -0 7-â€¢â‚¬ ENG-EER ANO APPRO.ED .---cj.th -Fij& <-48~ rtttl-. -#..:,M:.. - 1 1 1 ~ to ,2- , 1 1-1/â€¢ 0 C.,550/ .....1 pâ€¢,00~ m irS uSE. ao (32:1:1.r) ~2 2 4*i.27Â· 0 2,-6 1 5'-O 1 Â£-6 1 Bearing Deull SAFETY RAILING DETAIL 1 SCALE ...i 1 ./4 1 1 1 co",/t= Cro.' Sect]'. 1910- . I. r. 3 6- thick.. orWI . bre.wl u,--I- <App,y .*v. *#* -rull / S-t ..... 47/4.Imâ€¢â€¢ ... SECTION 8-8 v.a.v loolur,j down,trum 10 01 -1911.1 - W'/ 1.4. . Bu : 1.â€¢ 10, Â£ 1, . , New le,vil'..bi | i | ' 1'2-U 07*''y*--1- E.,Et,r,9 10/nd buru/e j ,-, 3:mw -' Neâ€¢v 76Â· '0/ 13 ~*/73.& Â·-'r Â·FACLUN.9,~1- f~:wH-#~Â·. f# ).r,g 15":-:; TN-rveberry &1â€¢,edÂ« . be f * ) - %%%* 7-aru..-M ' 0 --câ€¢*ru~, Con.Nc' ~,da,se.m | / , -m +,1,1 â€¢dge (fyp) - - 01...nd i ~1=240. 1 bÂ¥ tr,necr- 0Â¥,r-Uâ€¢"if 09, 1 ,â€¢eâ€¢,0â€¢W M eâ€¢a,unpered u,0 pu Chm,A ~11 611 /** il .t' .t 4 ~,uvel *..,1 -im *u...4 611 rn.,rcul Â· Â· 7â€¢'0 - 100'.rite % ..,WI: 2% <â„¢1-- :/.11'1 -I' - 6.-14â‚¬ â€¢'r ~,Â·i,Je~e Yay - . L. -~d~ =2...44 T-i -iâ€¢CEr - - - Reann~ hoA River TYPICAL CONCRETE TRAIL SECTION â€¢â€¢â€¢ $J #u .Â·~00Â«. .Ud'- 7 Sa- -' 1# . SECTÂ·10â€¢1 C-C â€¢,ew look,ng downÂ·:trum SCAL.Â· 1â€¢-10, .-I Recrut,on Eng,nunng & Ptinning, Roaring Fork RiverTrail -7 4 8 5 Aip.,hoÂ¢ Â· 80,,,lder- Co 6030Â·u City of Aspen Ute eark 5ridge Profile L Ute P/rk Sechons.and Details M.av ~ 993 lie'Er 114 FIA (303) 440Â·9268 2 7-4 1-3 iT- 4 23 2 I t. 4 i ~I Â£'U:,a:/,9 .L'Â£1/81Â£64Uk' \22> Cia \ 6 Â·:2~%4Vh, \. z V/,O.06 2. 1 4,4 *i'\ 2 ..0.2554Â¢. 1 US -1 1,1~'h-1 1 2 1/\ Â·Â·~t t& : Â·; J i~ 1~ i lil 1 4-- d 5 8Â¢521(7 W 2 7 /; .i 73,05' :/11-1 it - i ,%%915- %12' 41_ 1'. /.E _L__-Ta,Â·m'L~,&4mÂ£_1~ 46v 4 14 . â‚¬ 4 / Ont,r Lot 8 .. -7 Â£ 4 \ f 7796 37. \ z \\ . C < \ 2 4/ AC \ ' 07Â« .\ \ 1 . % 0% e \\ 3Â· Lot 9 104365 SF. \ 2.40 AC. .....1 -62- /- 4 . 1 f ~ 1044; 4.\ ,-. , M 7-5- Fr. /.IP 't N.,fleACCES.S '~ , ~fi< f~it ,074,0.1 .. Â¥ 440. / 96 SiA{1*33 ARÂ¢A/' ' ~-- - ,- 9./ Catlnjum. Subdioision k 1 i S ./t#taii;friCEE;EEEREEEA'do..1 W . . _.1( h 80?1 8' A)61Â£:~Rb-61Â£ OE-\-re*'BA'fLA 41 â€¢LI ; I /~// . -04 44,102}Afy A ccess 4 Reki C<gl-INAAL (11=FIE .1-6 3411&,NO 1 , Ar~hanint Op'M iÂ»cO' 6 /12SA 9-q AE desl:94//1-~+MA ' \ \ 4455 SP. ' 0 Unplatted 4 A-Rve oc- Ass,ju, 2 1 ~0 /0 AC 04 & \1 . 160/00, ~ 1/ 11 60/66 d Ey-,\A,\}\1* (L 9 3--20 -93 n.1 7/if\.. ind shall ) n with , MA#* Out. parâ„¢ : , 6.924 .57 1 Â·spacUvely, ~ 0. 16 WC \ 4 70' wit.,rs ..Corn". 3.,4â€žUr,nan k )/ 9%(1. 5-1111â€¢nt 0 #362897 11/04/93 11:25 Rec $50.00 BK 729 PG 520 C m Silvia Davis, Pitkin Cnty Clerk, Doc $.00 n s og-JO,CE- E 1 12.~~~;~ ~ ~ -UÂ·,r, ar.4 Accâ€¢gs Roaring Fork F.iver *,01 N 01'40'00~ MEMORANDUM TO: Mayor and City Council ~ THRU: Amy Margerum, City Mal@~ber THRU: Diane Moore, City Planning Director ~)1 1 FROM: Leslie Lamont, Senior Planner DATE: October 25, 1993 RE: Gordon/Callahan Perpetual Vested Rights for an Allowable Floor Area of 8,500 Square Feet - Second Reading Ordinance 52, Series of 1993 SUMMARY: The applicants, Aspen River Friends (ARF), have requested to perpetually vest the allowable floor area, as defined in Section 24 of the Municipal Code in effect on January 9, 1991, to 8,500 square feet for the future single-family home on amended Lot 9 of the Gordon/Callahan PUD/subdivision. Staff recommends approval of Ordinance 52, Series of 1993. Please see Ordinance 52. PREVIOUS COUNCIL ACTION: Council approved Ordinance 52, Series of 1993 at first reading. The applicant requested to change the effective date of the definitive of allowable floor area from October 12, 1993 to January 9, 1991 to correspond with all other plats and documents that are being filed as part of this PUD/subdivision amendment. Council granted an amendment to the Gordon/Callahan PUD/subdivision plan on July 12, 1993. Council also approved an agreement between the City and the ARF, which memorialized a trail and bridge easement dedication from ARF to the City and placed protective covenants on a City owned park to the benefit of ARF. BACKGROUND: The approved amendments to the Gordon/Callahan PUD/subdivision included the reduction from 4 single-family parcels to 1 single-family parcel, a rezoning from R-15 PUD to RR PUD, and a dedication of the 12 foot trail easement and relocation of the bridge easement. By reducing the approved developable parcels the total approved floor area on the site was reduced by 54. 7%. The parcel is 2.4 acres and approximately 2.1 acres will remain open space. CURRENT ISSUES: Pursuant to Section 24-6-207 the applicant seeks to perpetually vest the allowable floor area of amended Lot 9. Although the RR zone district does not limit the amount of floor area that may be developed on a parcel, the ARF voluntarily restricted the size of the future home to 8,500 square feet of allowable floor area, excluding the garage. Currently, the code provides for the vesting of property rights for a period of 3 years from the effective date hereof. However, the applicant requests permanent vesting for the development of the single-family home up to 8,500 square feet of allowable floor area, as defined in Section 24 of the Municipal Code in effect on January 9, 1991. ARF did receive, from Council in July, the standard 3 year vested rights status for the development plan. However, future development of this parcel would not be protected from changes in the land use code after three years. Therefore, if the code was amended to change the definition of floor area or impose a floor area cap in the RR zone district, development that had not yet occurred on amended Lot 9 would be affected. ARF, because of the dedication of the trail and bridge easements on amended Lot 9, the significant reduction in development potential of the Gordon/Callahan subdivision, and the preservation of approximately 2.1 acres of open space, requests the added security of permanent vested rights to ensure that a home can be developed on amended Lot 9 up to 8,500 square feet. The voluntary restriction on the home's size in the RR zone district does not prevent changes in the code that could limit the floor area of the home below the desired 8,500 square feet. Staff recommends perpetual vesting of the allowable floor area of 8,500 square feet for amended Lot 9 for the following reasons: 1. A significant segment of the community wide trail system has been dedicated to the City by the ARF partnership. The twelve foot wide pedestrian/bike easement on the Gordon/Callahan side of the river enables the City to pursue development of this crucial piece of public trail outside of sensitive wetland area. 2. The relocated bridge easement enables the City to avoid significant riparian vegetation when installing the bridge. 3. The total floor area that had been approved for development on the Gordon/Callahan subdivision has been reduced by 54.7% and approximately 2.1 acres of open space have been preserved. 4. There is precedent for granting vested rights in perpetuity. Council granted vesting in perpetuity for the Moses Aspen View Homesite Inc. for the construction of a 5,000 square foot home 2 adjacent to the Aspen Alps. Council considered preservation of 5 acres of open space within the Aspen Alps property as justification for granting vested rights in perpetuity. The approval shall be subject to all rights of referendum and judicial review and such rights shall begin with the date of publication provided for in Section 6-207(D), zoning that is not part of the site specific development plan shall not result in the creation of a vested property right. Nothing in this approval shall exempt the site specific development plan from subsequent ' reviews and approvals required by this approval of the general rules, regulations and ordinance of the City of Aspen provided that such reviews and approvals are not inconsistent with this approval. As a condition of this site development approval, the applicant shall abide by any and all such building, fire, plumbing, electrical and mechanical codes, unless an exemption therefrom is granted in writing. RECOMMENDATION: Staff recommends approval of perpetual vested rights status for an allowable floor area of 8,500 square feet, as defined in Section 24 of the Municipal Code in effect on January 9, 1991, on amended Lot 9 with the following conditions: 1. The vested right of 8,500 square feet of allowable floor area shall exclude the garage. 2. The vested right of 8,500 square feet of allowable floor area shall only pertain to this parcel which is zoned Rural Residential and shall cease to exist if the subject property is rezoned and/or subdivided. 3. The conditions of approval contained in Ordinance 23, Series of 1993 granting the Gordon/Callahan PUD/subdivision amendment shall apply to the granting of permanent vested rights to develop 8,500 square feet of allowable floor area on amended Lot 9. PROPOSED MOTION: " I move to adopt Ordinance 52, Series of 1993 on second reading." CITY MANAGER'S COMMENTS: Ordinance 52, Series of 1993 3 SAMPLE LETTER US West Communications We have recently conducted a survey of the City/County telephone services. Based upon information received from the various telephone users on the US West Centron system, their appear to be number billing errors. These errors appear to be features and services that we are paying for, but do not have. Our calculation indicate that there 909 billing errors, which over the term of our contract with US West has cost us more than $112,000. We are requesting that the items highlighted in the "red" color on the enclosed sheets be removed from the billing record and that credit be give to us back to the date of the initiation of the contract billing. If there are any question, please contact me. Sincerely, Kathryn S. Koch, City Clerk USWL1 tx-f MEMORANDUM TO: Mayor and City Council THRU: Amy Margerum, City Manager THRU: Diane Moore, City Planning Directorar~ FROM: Leslie Lamont, Senior Planner DATE: September 27, 1993 RE: Gordon/Callahan Perpetual Vested Rights for an Allowable Floor Area of 8,500 Square Feet - First Reading Ordinance 52, Series of 1993 SUMMARY: The applicants, Aspen River Friends (ARF), have requested to perpetually vest the allowable floor area, as defined in Section 24 of the Municipal Code in effect on October 12, 1993, to 8,500 square feet for the future single-family home on amended Lot 9 of the Gordon/Callahan PUD/subdivision. Staff recommends approval of Ordinance 52, Series of 1993. Please see ordinance 41 exhibit A. PREVIOUS COUNCIL ACTION: Council granted an amendment to the Gordon/Callahan PUD/subdivision plan on July 12, 1993. Council also approved an agreement between the City and the ARF, which memorialized a trail and bridge easement dedication from ARF to the City and placed protective covenants on a City owned park to the benefit of ARF. BACKGROUND: The approved amendments to the Gordon/Callahan PUD/subdivision included the reduction from 4 single-family parcels to 1 single-family parcel, a rezoning from R-15 PUD to RR PUD, and a dedication of the 12 foot trail easement and relocation of the bridge easement. By reducing the approved developable parcels the total approved floor area on the site was reduced by 54. 7%. The parcel is 2.4 acres and approximately 2.1 acres will remain open space. CURRENT ISSUES: Pursuant to Section 24-6-207 the applicant seeks to perpetually vest the allowable floor area of amended Lot 9. Although the RR zone district does not limit the amount of floor area that may be developed on a parcel, the ARF voluntarily restricted the size of the future home to 8,500 square feet of allowable floor area, excluding the garage. Currently, the code provides for the vesting of property rights for a period of 3 years from the effective date hereof. However, the applicant requests permanent vesting for the development of the single-family home up to 8,500 square feet of allowable floor area, as defined in Section 24 of the Municipal Code in effect on October 12, 1993. ARF did receive, from Council in July, the standard 3 year vested rights status for the development plan. However, future development of this parcel would not be protected from changes in the land use code after three years. Therefore, if the code was amended to change the definition of floor area or impose a floor area cap in the RR zone district, development that had not yet occurred on amended Lot 9 would be affected. ARF, because of the dedication of the trail and bridge easements on amended Lot 9, the significant reduction in development potential of the Gordon/Callahan subdivision, and the preservation of approximately 2.1 acres of open space, requests the added security of permanent vested rights to ensure that a home can be developed on amended Lot 9 up to 8,500 square feet. The voluntary restriction on the home's size in the RR zone district does not prevent changes in the code that could limit the floor area of the home below the desired 8,500 square feet. Staff recommends perpetual vesting of the allowable floor area of 8,500 square feet for amended Lot 9 for the following reasons: 1. A significant segment of the community wide trail system has been dedicated to the City by the ARF partnership. The twelve foot wide pedestrian/bike easement on the Gordon/Callahan side of the river enables the City to pursue development of this crucial piece of public trail outside of sensitive wetland area. 2. The relocated bridge easement enables the City to avoid significant riparian vegetation when installing the bridge. 3. The total floor area that had been approved for development on the Gordon/Callahan subdivision has been reduced by 54. 7% and approximately 2.1 acres of open space have been preserved. 4. There is precedent for granting vested rights in perpetuity. Council granted vesting in perpetuity for the Moses Aspen View Homesite Inc. for the construction of a 5,000 square foot home adjacent to the Aspen Alps. Council considered preservation of 5 acres of open space within the Aspen Alps property as justification for granting vested rights in perpetuity. The approval shall be subject to all rights of referendum and judicial review and such rights shall begin with the date of publication provided for in Section 6-207(D), zoning that is not part of the site specific development plan shall not result in the 2 creation of a vested property right. Nothing in this approval shall exempt the site specific development plan from subsequent reviews and approvals required by this approval of the general rules, regulations and ordinance o f the City of Aspen provided that such reviews and approvals are not inconsistent with this approval. As a condition of this site development approval, the applicant shall abide by any and all such building, fire, plumbing, electrical and mechanical codes, unless an exemption therefrom is granted in writing. RECOMMENDATION: Staff recommends approval of perpetual vested rights status for an allowable floor area of 8,500 square feet, as defined in Section 24 of the Municipal Code in effect on October 12, 1993, on amended Lot 9 with the following conditions: 1. The vested right of 8,500 square feet of allowable floor area shall exclude the garage. 2. The vested right of 8,500 square feet of allowable floor area shall only pertain to this parcel which is zoned Rural Residential and shall cease to exist if the subject property is rezoned and/or subdivided. 3. The conditions of approval contained in Ordinance 23, Series of 1993 granting the Gordon/Callahan PUD/subdivision amendment shall apply to the granting of permanent vested rights to develop 8,500 square feet of allowable floor area on amended Lot 9. PROPOSED MOTION: " I move to read Ordinance Â·@* Series of 1993." "I move to approve Ordinance 5--52,_ Series of 1993 on first reading. " CITY MANAGER'S COMMENTS: EXHIBITS: A. Ordinance 52~, Series of 1993 3 ORDINANCE 52 (SERIES OF 1993) AN ORDINANCE OF THE ASPEN CITY COUNCIL GRANTING PERPETUAL VESTED RIGHTS FOR THE ALLOWABLE FLOOR AREA FOR THE DEVELOPMENT OF A SINGLE-FAMILY RESIDENCE ON AMENDED LOT 9 OF THE GORDON/CALLAHAN PUD/SUBDIVISION LOCATED ADJACENT TO THE ASPEN CLUB SUBDIVISION OFF OF CENTENNIAL CIRCLE, CITY OF ASPEN, PITKIN COUNTY, COLORADO. WHEREAS, pursuant to Section 24-6-207 of the Aspen Municipal Code, City Council may grant vested rights status for a site specific development plan for an initial period of three years; and WHEREAS, on July 12, 1993 City Council granted an amendment to the Gordon/Callahan PUD/subdivision; and WHEREAS, the amendment included a reduction of the number of approved development parcels from 4 single-family parcels to 1 single-family parcels, a rezoning from moderate-density residential (R-15) PUD to rural residential (RR) and vested rights; and WHEREAS, the RR zone district does not limit the maximum floor area on a parcel; and WHEREAS , the applicants, Aspen River Friends (ARF), voluntarily proposed an allowable floor area limitation of 8,500 square feet as defined in Section 24 of the Municipal Code in effect on January 9, 1991; and WHEREAS, although the applicants have vested their property rights for three years and have voluntarily restricted the maximum size of the future home on the parcel, ARF requests to permanently vest their right to build up to the imposed floor area cap; and WHEREAS, the Planning Office, having reviewed the application recommends approval of perpetual vested rights for an allowable floor area on the parcel of 8,500 square feet as defined in Section 24 of the Municipal Code in effect on January 9, 1991 finding that a significant community benefit has been served with the amended Gordon/Callahan final plan because the ARF dedicated a twelve foot public pedestrian/bicycle trail easement and bridge easement on the parcel, the allowable floor area of the entire parcel has been reduced by 54.7% and a significant portion of the 2.4 acres have been preserved as open space; and WHEREAS, the Aspen City Council having considered the Planning Office's recommendations for perpetual vested rights does wish to grant the requested vested rights finding that a significant amount of open space has been preserved, public trail and bridge easements within a critical segment of the community wide trail system have been dedicated, and the overall floor area of the entire subdivision plan has been reduced by 54. 7%. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section 1: Pursuant to Section 24-6-207 of the Municipal Code, City Council does hereby grant perpetual vested rights status for the allowable floor area, as defined in Section 24 of the Municipal Code in effect on January 9, 1991, to be 8,500 square feet on amended Lot 9 of the Gordon/Callahan PUD/subdivision, Aspen Colorado subject to the following conditions: 1. The vested right of 8,500 square feet of allowable floor area shall exclude the garage. 2. The vested right of 8,500 square feet of allowable floor area shall only pertain to this parcel which is zoned Rural Residential and shall cease to exist if the subject property is rezoned and/or subdivided. 3. The conditions of approval contained in Ordinance 23, Series of 1993 granting the Gordon/Callahan PUD/subdivision amendment shall apply to the granting of permanent vested rights to develop 8,500 square feet of allowable floor area on amended Lot 9. 4. Any failure to abide by the terms and conditions attendant to this approval shall result in forfeiture of said vested property rights. 5. The approval granted hereby shall be subject to all rights of referendum and judicial review. 6. Nothing in the approvals provided in this Ordinance shall exempt the site specific development plan from subsequent reviews and or approvals required by this Ordinance or the general rules, regulations or ordinances of the City provided that such reviews or approvals are not inconsistent with the approvals granted and vested herein. 7. The establishment herein of a vested property right shall not preclude the application of ordinances or regulations which are general in nature and are applicable to all property subject to land use regulation by the City of Aspen including, but not limited to, building, fire, plumbing, electrical and mechanical codes. In this regard, as a condition of this site development approval, the developer shall abide by any and all such building, fire, plumbing, electrical and mechanical codes, unless an exemption therefrom is granted in writing. Section 2: The City Clerk shall cause notice of this Ordinance to be published in a newspaper of general circulations within the City of Aspen no later than fourteen (14) days following final adoption hereof. Such notice shall be given in the following form: Notice is hereby given to the general public of the approval of a site specific development plan, and the creation of a vested property right pursuant to Title 24, Article 68, Colorado Revised Statutes, pertaining to the following- described property: The property shall be described in the notice and appended to said notice shall be the ordinance granting such approval. Section 3: If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such provision and such holding shall not affect the validity of the remaining portions thereof. Section 4: This Ordinance shall not effect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 5: A public hearing on the Ordinance shall be held on the day of , 1993 at 5:00 P.M. in the City Council Chambers, Aspen City Hall, Aspen Colorado, fifteen (15) days prior to which hearing a public notice of the same shall be published one in a newspaper of general circulation within the City of Aspen. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council of the City of Aspen on the day of , 1993. John Bennett, Mayor ATTEST: Kathryn S. Koch, City Clerk FINALLY, adopted, passed and approved this day of , 1993. John Bennett, Mayor ATTEST: Kathryn S. Koch, City Clerk 4 1*4 MEMORANDUM TO: Mayor and City Council THRU: Amy Margerum, City Manager Atj V 01(1\ THRU: Diane Moore, City Planning Director,~1.1 FROM: Leslie Lamont, Senior Planner DATE: July 12, 1993 RE: Gordon/Callahan PUD/Subdivision Amendment, Rezoning and Vested Rights R-15 PUD to RR PUD - Second Reading Ordinance 23, Series of 1993 SUMMARY: Council tabled second reading of Ordinance 23 because the agreement between the City of Aspen and the Aspen River Friends (ARF) was not complete. Council requested ARF to stipulate that the Partnership and future buyer of new amended Lot 9 of the Gordon/Callahan subdivision would not obsturct the City's efforts when obtaining additional trail easements and permits. The Agreement, that staff has been working on with representatives of ARF, will define trail use for the City's property adjacent to Ute Place Subdivision and the proposed trail easement to be dedicated to the City on the Gordon/Callahan parcel as part of this amendment to the PUD plan. The ARF Agreement is on the agenda for the July 12, 1993 meeting prior to this item. The Agreement must be approved and signed prior to the approval of the PUD/subdivision amendment and rezoning. The applicants, Aspen River Friends (ARF), seek to amend the PUD/Subdivision approval to reduce the number of subdivided parcels from four single family lots to one single family lot. The applicants propose to define a specific building envelope and establish an allowable floor area as defined in the Municipal Code at 8,500 square feet and dedicate to the City a public trail easement. The applicants also request a map amendment to rezone the property from R-15 PUD to Rural Residential (RR) PUD. Staff has determined that the proposed changes are substantial in nature requiring an amendment to the final PUD development plan. A substantial amendment to the final development plan and a map amendment are a two step review process by the Commission and Council. 1 NOTICE OF PROPOSED BUDGET ASPEN CONSOUDATED SANITATION DISTRICT Notice is hereby given that the Board ot Directors for the Aspen Consolidated Sanita- tion District will be considering the adoption of the 1994 budget at the regular meeting o[ the Board of Directors scheduled to occur at 565 N. Mill street at 7 p.m. on Tuesday, the 7th of December. The meeting is open for public com- ment. Copies of the budget are available for inspection at the District Offices located at 565 N. Mill Street. Any interested elector may inspect the budget and file any objections to the budget at the District ollke. Published In the Aspen Times October 29, 1993. 1Â·11KIN ------ ACCOUNTb PAYABLE SEPTEMBER ]993 TYPE VENDON 10[UDIFICATION PURCIA AL.'S 10,Â·I/G PROF 5 ALL-Pâ€žAbE ELECTRIC SUI'PLI AMER NAIL BANK & RETIRE AMEA NAIL DANK & TRUST CO RETIRE AMES, MARTHA E ' NET PR AMSTERDAM PRINTING SERVIC ASAP CONTRI ASISTENCIA LATINOS SERVIC ASPEN ALP5 COND ASSOC TAX OV ASPEN 8'5E OPERATIONS REPAIR ASPEN BUDDY PROGRAM SEr?vIC AbPEN COUNSELING CIR SERV 1 AbPEN INSTITUTE ASPEN TIMES NEr/sp ASPEN TRAVEL SERVICE IRAVE ASPEN YOUTII CENTER ELECT . ASPEL CITY OF JOINT AbrEN, CITY OF-WATER WA1ER AUSTIN, PEIPCE 6 5vITH CIVIL A,ERS, 3 5'EVE}IS DR PROF BFI SERvl B F I SERVICES GROUP, INC SERVI 8. 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THE FLOWEI GARCO EATE!,SIoll FUIW SERVI GLENHUUU AUTO 3.'PPLY SUPPL GLENWOOD POST HEWsp GUODâ€¢to, Joll:, E ME, P GREEN Ti:U'10 FLOBI 5T 'IATER HHBA Il#FOR,IATION SERVICES BOOKS HAEFELI, PATRICIA 4 "El HARkY'5 HEAVY SE'~Vl HIGH LOUNIRY ELECTRIC, 1NC 3ERv HUFFHAN, LARRY 'RE F Ilf HULY CROSS ELECTRIC ELEC INDUSHNL PHOTO 5ERv INTL CONFEAE,ICE OF BUILDING 000KS ISAAC, IHOMAS "E T p JAvt )RUCKUNG IlIC SERVI KEEFE SUPPLY CO SUPPL KIRKW/'00, GREG LEt CLARAIN'S LTD SERVI LEDERER, JEWME SERVI LTHAN, GARY A RET p H.J.HECKER AND ASSOC Civil HACHOL, DAVIS, HICHAEL CIVIL MADSEN, GEORGE 1?Elli MUSIC ASSOC OF ASPEfi, Ilic STAF NATL CRJSIS STAF, KATI POLICE CHIEFS 4 S[AF NELSON, DEBORAH H NET P NEWLAND, TERRI SERVI ONE SIEP FORWARD STAFF OSNES, JANET MET p PEL/O"EN. ERIK ME I P PITKIN CO BLDG 1":P PER,II PITKIN CO JAIL PETTY R A O EOUCATIONAL Â£ol]CA RtSPONSE NISC RUANING FORK E'IPLOYE CnED! RUGERb LOCK REPA11 1191'~R SCHLObSBERG, DR. HARVEY 5ERV1 SCHMUtSEH Gâ€¢JRL,011 P A [1 F SCHUBER1, JANICE NE1 " S)ANDARD LIFE INS Iris SIAZE F#,RIMS ATIO SUPP STEINe RECHE-!, JERRY A u I (H 51RAFFOID PUB, Inc PUUL SIRAUSS, 01.~NE HET I SUMM]1 CANYON ''Al E *48 WMY SllERIFF'S DEPT. SERV SIANA STAF TEXAS DEPT OF TRAUSPORIATIOn CIVI THOMAS IRANSPORT sur' P ~tt~U IMRE[ M CO 7UP HAUD GLOVE Supp SEHV ULRICH, DANA L UNIv pAEK STArr o 250.00 8.C Wâ‚¬51 1 hESTE,<Il CONSOgrIUM rON PUDLIC bÂ«Â£51Ekll REGIONAL RADO,1 SERV!CES 30.00 JU)IN NEDU rIESTEk,5 SLOVE SERVICE 686Â·SO Mc 4 '11" ~ HUNHOL At]~ â€¢ILEY, MELISSA ';El PRMI 41.90 hiN"'5 PRO SERVICES 100.00 n , Y }1 1 1 J ~ 001 GEFIERAL FUND 618,042.92 â€¢ .. 4 .rado Revised Statutes, pertaining to the fol- lowing described property: ORDINANCE 52 (SERIES OF 1993) AN ORDINANCE OF THE ASPEN CrrY COUN- CIL GRANTING PERPETUAL VESTED RIGHTS FOR THE ALLOWABLE FLOOR AREA FOR THE DEVELOPMENT OF A SINGLE-FAMILY RESI- DENCE ON AMENDED LOT 9 OF THE GOR. DON/CALLAHAN PUD/SUBDIVISION LOCATED ADJACENT TO THE ASPEN CLUB SUBDIVISiON OFF OF CENTENNIAL CIRCLE ClTY OF ASPEN. FITKIN COUNTY, COLORADO. WHEREAS, pursuant to Section 24-6-207 01 the Aspen Municipal Code, City Council may grant vested rights status for a site specific development plan tor an initial period of three years; and WHEREAS, on July 12, 1993 City Council granted an amendment to rhe Gordon/Callahan PUD/subdivision: and WHEREAS, the amendment included a reduc- tion o{ the number of approved development parcels from 4 single-tamily parceis to 1 single- family parcels. a rezoning trom moderate-denÂ· sity residential (R-15) PUD to rural residential (RR) and vested rights; and WHEREAS, the RR zone district does not limit the maximum flooi area on a parcel: and WHEREAS, the applkants, Aspen River Friends (ARD, voluntarHy proposed an allow- able floor area limitation of 8,500 square leel as defined in Section 24 of the Municipal Code in effect on January 9. 1991; and WHEREAS, although the applicants have vest- ed their property rights for three years and have voluntarily restricted the maximum size of the future home on the parcel, ARF requests to permanently vest their right to bui~d up to the Imposed Door area cap: and WHEREAS, the Planning Office, having reviewed the application recommends approval o{ perpetual vested rights for an allowable 24 01 the Munickpat Code in eÂ«ect on January 9, 1991 finding that a significant com- munity benefit has been served with the , amended Gordon/Callahan final plan because 0 the ARF dedicated a twelve joot public pedes- ~an/bicycle tral! easement and bridge ease- ment on the parcel, the allowable floor area of the entire parcel has been reduced by 54.7% and a significant portion ot the 2.4 acres have been preserved as open space; and WHEREAS, the Aspen City Council having considered the Planning Oltice's recommenda- tions for perpetual vested rights does wish to grant the requested vested rights finding that a signiticant amount of open space has been pre- served. public trail and bridge easements with- 4 In a crlt)cal segment of the community wide f trail system have been dedicated, and the over- ati Hoor area of 2he enlire subdivision plan has been reduced by 54.7%. NOW, THEREFORE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN. COL- ORADO: Section 1: Pursuant to Section 24-6-207 oi the Municipal Code, City Council does hereby grant perpetual vested rights status for the allowable floor area, as defined In Section 24 01 the Municipal Code in effect on January 9, 1991, to be 8,500 square feet on amended Lot 9 of the Gordon/Callahan PUD/subdivision, Aspen Col- orado subject to the following conditions: 1. The vested right 01 8,500 square feet of allowable floor area shall exclude the garage. 2. The vested right 01 8.500 square feet of allowable floor area shall only pertain to this parcel which 11 zoned Rural Residential and shall cease to exist ii the subject property is rezoned and/or subdMded. 3. The conditions of approval contained Ordinance 23, Series 01 1993 granting the Gor- don/Callahan PUD/subdlvlsion amendment shall apply to the granting ot permanent vested rights to develop 8,500 square feet of allowable [loor area on amended Lot 9. 4. Any failure to abide by the terms and con- d~tjDns attendant to this approval shall result In forfeiture of said vested property rights. 5. The approval granted hereby shall be sub- lect to all rights of referendum and judicial 4 review. 6. Nothing in the approvals provided in this Ordknance shall exempt the site speclitc devel- opment plan from subsequent reviews and or approvals required by this Ordinance or the general rules,Â· regulations or ordinances of the City provided that such reviews or approvals are not inconsistent with the approvals grant- ed and vested herein. 7. The estaMishment herein of a vested prop- erty right shall not preclude the application ol ordinances or regulatbons which are general in nature and are applicable to all property sub- feet to land use regulation by the City of Aspen including, but not limited to, building, fire, plumbing, electrical and mechanical codes. In this regard, as a condition of this site developÂ· ment approval, the developer shall abide by any and all such building, lire, plumbing, elec- trical and mechanical codes, unless an exempÂ· tion therefrom is granted in writing Section 2: The City Clerk shall cause notice d this Ordinance to be published in a newspaper of general circulations within the Clty ol Aspen no later than fourteen (14) days lollowing final adoption hereof. Such notice shall be given in the following form: Notice is hereby given to the general public of the approval of a site specific development plan, and the creation of a vested property right pursuant to Title 24, Article 68, Colorado Revised Statutes, pertaining to the following described property.Â· The property shall be described in the notice and appended to said notice shall be the ordi- . nance grantin; such approval. 3 Section 3: It any sectkon, subsection, sen- ~ tence, clause, phrase or porrion oi this ordi- 1 nance is for any reason held invand or uncon- stitutional by any court o! competent turisdjc- ~ lion, such provision and such holding shall not - affect the validity of the remaining portions 4 thered. Section 4: This Ordinance shall not effect any existing litigation and shalI not operate as an abatement of any action or proceeding now pending under or by virtue o! the ordmances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 5: A public hearing on the Ordinance shall be held on the 25th day of October, at ~ 5:00 P.M. in the City Council Chambers, Aspen City Hall. Aspen Colorado, fifteen (15) days prior to which hearing a public notice of the same shall be published one in a newspaper of 1 gerieral circulation Within the City 01 Aspen. A INTRODUCED, READ AND ORDERED PUB- USHED as provided by law, by the City Council Ual the City of Aspen on the 27th day o[ Septem- ~Der, 1993. - , ArrEST: Katl, ryn S. Koch, City Ckrk John Bennett, Mayor - PUBLIC NOTfCE 25th day of October, 1993. FINALLY. adopted, passed and approved this NOTICE IS HEREBY GIVEN to the general pub- John Bennett. Mayor llc of the approval of a site specitic develop- ATTEST: Kathryn S. Koch, City Clerk ; ment plan. and the creation of a vested proper- Published in the Aspen Times Ock. 29, 1993 ty right pursuant to Title 24, Article 68, Col- - 4 The Planning and Zoning Commission, at their April 20, 1993 meeting, voted to recommend to City Council the PUD/Subdivision amendments and the rezoning with conditions. Council approved Ordinance 23, Series of 1993 at first reading. However, Council conditioned second reading upon final settlement of the Agreement between the Aspen River Friends Partnership and the City of Aspen. Please see Ordinance 23, Series of 1993, Exhibit A. Please see the existing and amended PUD/subdivision plat, Exhibits B and C. PREVIOUS COUNCIL ACTION: Council approved the Gordon/Callahan PUD/subdivision in 1990. BACKGROUND: A. The Gordon/Callahan PUD/Subdivision was approved in 1990. The approval included the subdivision of Lot 2 of the Gordon lot split into three seperate parcels: Lots 2A, 2B and 2C. The subdivision also included a lot line adjustment between Lots 8 and 9 of the Callahan subdivision. Two of the single family parcels subdivided from Lot 2 were created using two "transfer of development rights" that were originally created with the preservation of the Smuggler Mobile Home Park. The final PUD development plan identified building envelopes and allowable floor area for Lots 2A, 2B, 2C and 9. The subdivision also identified an "out parcel" for the Maddalones (adjacent neighbors) and a small "permanent open space" parcel next to the out parcel. Accessory dwelling units were also included in the final development plan for Lots 2A, 2B, 2C and 9. The PUD/Subdivision required a $25,000 payment for the eventual construction of a pedestrian/bike bridge connecting City owned land on the west side of the river. It is the City Attorney's position that if there is no subdivision of land, then an impact fee for trails or bridges may not be exacted. The proposed amendments in this application will eliminate the subdivision for which the money was originally exacted. The previous subdivision also included a lot line adjustment between Lots 8 and 9 of the Callahan subdivision. Since the time of approval Lot 8 has been developed. B. Proposed Amendment - The Aspen River Friends have recently 2 purchased the Gordon/Callahan PUD/subdivision. ARF proposes the following amendments to the approved subdivision: 1. reduce the four parcels (Lots 2A, 2B, 2C and 9) to one parcel (new Lot 9); 2. reduce the total allowable floor area from 19,970 to 8,500 square feet; 3. rezone the parcel from R-15 PUD to Rural Residential (RR) PUD; 4. modify the building envelope and ditch alignment of old Lot 2C for new Lot 9 as defined on the amended plat; 5. vacate the public trail easement on Lot 2C and grant a new pedestrian/bike trail easement along the river pursuant to the Agreement between the Aspen River Friends and the City of Aspen (in the event the Agreement is not signed the existing easement will remain unchanged); 6. vacate the 30 foot access and utility easement across old Lots 9 and 2A as they are no longer required; 7. eliminate the rock wall retainage height restriction of 30 inches because Lots 2A, 2B and old Lot 9 are being eliminated; 8. retain one of the four previously approved accessory dwelling units to be included in the revised 8,500 square foot floor area for the single-family residence; and 9. the two "transferable development rights" shall be retained by the applicants to be used elsewhere. C. Zoning Analysis - The approved Gordon/Callahan development plan includes 4 single-family lots. The total approved floor area for the subdivision is 19,970 square feet plus the bonus floor area for the accessory dwelling units which equals 1,000 square feet for a total of 20,970 square feet. TABLE 1: ZONE DISTRICT ANALYSIS 1. APPROVED DEVELOPMENT PLAN: zoning = R-15 PUD total lot area = 104,365 sq. ft. 2.4 acres number of lots =4 3 size of lots 2A = 26,097 sq. ft. 2B = 21,304 sq. ft. 2C = 55,923 sq. ft. 9 = 24,499 sq. ft. number of dwelling units =4 allowable FAR 2A = 4,700 sq. ft. 2B = 4,530 sq. ft. 2C = 6,120 sq. ft. 9 = 4,620 sq. ft. 2. PROPOSED AMENDMENT AND REZONING: zoning = R-15 PUD to Rural Residential PUD total lot area = 104,365 sq. ft. 2.4 acres number of lots =1 new Lot 9 = 104,365 sq. ft. 2.4 acres proposed floor area = 8,500 sq. ft. excluding a 500 sq. ft. garage allowed floor area = 7,565 sq. ft. excluding ADU for R-15 PUD and a 500 sq. ft. garage for 2.4 acres allowed floor area = no limit, applicants for RR PUD volunteer to restrict for 2.4 acres residence to 8,500 excluding the qarage D. Development Review - Pursuant to Section 24-7-907 B., Planned Unit Development regulations, any amendment shall be approved pursuant to the terms and procedures of the final development plan, provided that the proposed change is consistent with or an enhancement of the approved final development plan. 4 As is presented above, the amendment is to reduce the number of subdivided parcels from four to one. The density of the project will be substantially reduced and the allowable floor area, if considering all four lots, is reduced by 54.7%. The applicant is also providing a public trail easement pursuant to the Agreement between the Aspen River Friends and the City of Aspen. The ability to construct a pedestrain/bike trail and bridge on this side of the river will be a less expensive endeavour than developing a multi-use trail on the other side of the river. Although the City owns the land between the river and Ute Place subdivision, and has a bridge easement on the Gordon/Callahan subdivision, the west side of the river is a steep, heavily vegetated, riparian/wetlands zone that would require careful and innovative construction techniques to build a multi-use trail. The proposed trail easement on the Gordon/Callahan side of the river is predominantly out of the riparian zone, less vegetated and on a flat bench. The proposed location of the bridge is further up stream then the original location. Although the bridge span is greater, there will be less disturbance to the riparian zone. E. Amended Plat - The applicant shall file an amended plat and amended PUD agreement. The agreement and plat will be recorded to depict the approved plans. F. Rezoning - By purchasing the Gordon/Callahan subdivision the Aspen River Friends hope to achieve the following goals: substantially reduce the pre-approved development potential (four lots to one), preserve a significant portion of the 2.4 acres as open space (19,970 sq. ft. FAR to 8,500 sq. ft. FAR), and provide a better trail alignment for bike and pedestrian use. In order to accomplish these goals ARF believes that an allowable floor area of 8,500 sq. ft. for the one single family home is necessary. Using the sliding scale in the Municipal Code for floor area for the R-15 zone district, the proposed floor area for the parcel, 8,500 square feet of floor area excluding the ADU and garage, exceeds what is allowed in the R-15 zone district. Thus, ARF proposes to rezone the property to Rural Residential to obtain the 8,500 sq. ft. of allowable floor area. The Rural Residential zone district is a compatible zone district for this size of parcel and in this location. According to the Land Use Code, the purpose of RR is to allow utilization of land for low density residential purposes with the recreation, institutional, public and other compatible uses customarily found in proximity to those uses allowed as permitted or conditional uses. The permitted and conditional uses allowed in the RR zone district are: 5 permitted: detached residential dwelling, farm building and uses, nursery, greenhouse, home occupations and accessory buildings and uses. conditional: public building, public and private academic school, church, radio tower, recreation club, day care center, open use recreation site, sewage disposal, water storage and reservoir, electric substation or gas regulator station, satellite dish antennae and accessory dwelling units. The characteristics of the Gordon/Callahan parcel are consistent with the dimensional requirements of the RR zone district. The minimum lot size for a parcel in the RR zone district is 2 acres and there is no external floor area requirement. Minimum front yard setback is 30 feet, side yard is 20 feet, and rear yard is 20 feet. Maximum height is 28 feet and the minimum lot width is 200 feet. The closest RR zone district, and the only RR zoning in the City is directly across the river adjacent to the Ute Children's Park. Please see Exhibit D for specific map amendment review standards. G. Summary - Staff believes the proposed amendment to the Gordon/Callahan PUD and the rezoning from R-15 to RR substantially benefits the surrounding neighborhoods and community by reducing the approved density by 75%. The reduction in the number of units to be developed on the site notably increases the amount of open space on the parcel. In exchange for the requested amendment to the PUD, the applicant's conveyance of the public trail easement will enable the City to begin valuable work on the missing section of the Roaring Fork river trail. This amendment to the PUD/subdivision plan will free up two free market development rights that may be used elsewhere in the City. However, use of the TDR's does not enable a property owner to increase the density of a parcel beyond underlying zoning requirements or negate development review. Use of the TDRs enables development exempt from the GMP competition process and exempt from mitigation of affordable housing requirements (including accessory dwelling units) only. However, unless the an amended PUD/subdivision plat is filed within 180 days of final approval the amendment reducing four single family parcels to one single family parcel is rendered void. If the amendment if found to be null and void this rezoning shall not take affect as the minimum lot size for one parcel in the RR zone district is 2 acres. The entire Gordon/Callahan subdivision is 2.4 acres. 6 RECOMMENDATION: The Planning and Zoning Commission, finding that the amendments and rezoning are consistent with the AACP in that more open space along the river is preserved and density is being reduced, recommends to City Council approval of the PUD amendment and the rezoning from R-15 PUD to RR PUD with the following conditions: 1. Prior to construction of various driveway and entry landscape features and excavation of a partial envelope pad the applicants shall receive an earth moving permit (to be amended for City applications) from the Aspen/Pitkin County building department. 2. If the applicant chooses to construct partial improvements pursuant to condition #1, storm runoff exposed to excavated material shall be maintained on site and shall not be permitted to drain into the Roaring Fork River. A drainage plan shall be approved by the City Engineer prior to the issuance of the earth moving permit. 3. Prior to filing, the amended plat shall be reviewed and approved by the Engineering and Planning Departments. 4. The applicant shall file with the Pitkin County Clerk and Recorder an amended PUD plat and PUD agreement within 180 days of final approval or the approval, and the rezoning of the property from R-15 to RR, is rendered invalid. The amended plat and agreement shall include language restricting the allowable floor area of the parcel, including the accessory dwelling unit, to 8,500 square feet. 5. All representations that the applicant has made regarding this amendment shall be adhered to during any development. 6. All water, sewer, gas, electric, telephone and CATV connections will be the responsibility of owner of new Lot 9 at time of a building permit. 7. All landscaping will be by the owner of new Lot 9 except for improvements which may be constructed by the Applicant described in condition #1. 8. Construction scheduling will be at the discretion of the Applicant or assigns. 9. Costs for necessary public facilities related to construction of the single family home shall be borne by the applicant. 10. Prior to the issuance of any building permits, a deed restriction for the accessory dwelling unit shall be approved by the Housing Authority and recorded with the Pitkin County Clerk 7 and Recorders Office with proof of recordation to the Planning Department. The deed restriction shall state that the accessory unit meets the housing guidelines for such units, meets the definition of Resident Occupied Unit, and if rented, shall be rented for periods of six months or longer. 11. The Agreement between the City and Aspen River Friends shall be closed in order to validate this PUD/subdivision amendment and rezoning. ALTERNATIVES: 1. Council may choose to deny the rezoning finding that the rezoning is inconsistent with the review criteria for a map amendment. 2. Council may choose to deny the PUD/subdivision amendments finding that the amendments do not enhance or are inconsistent with the final development plan. RECOMMENDED MOTION: "I move to adopt Ordinance 23, Series of 1993 amending the Gordon/Callahan PUD/subdivision and rezoning the parcel from R-15 PUD to RR PUD." EXHIBITS: A. Ordinance 23, Series of 1993 B. Existing PUD site plan C. Amended PUD site plan D. Rezoning Review Standards E. Surrounding Zone Districts F. Referral Comments G. Required Public Notice H. Citizen Letter 8 ORDINANCE N0. 23 (SERIES OF 1993) AN ORDINANCE OF THE ASPEN CITY COUNCIL GRANTING REZONING FROM R-15 (PUD) MODERATE DENSITY RESIDENTIAL TO RR (PUD) RURAL RESIDENTIAL, A SUBSTANTIAL AMENDMENT TO THE FINAL PUD/SUBDIVISION PLAN FOR THE GORDON/CALLAHAN PUD AND SUBDIVISION, AND VESTED RIGHTS STATUS FOR A 2.4 ACRE PARCEL LOCATED ADJACENT TO THE ASPEN CLUB SUBDIVISION OFF OF CENTENNIAL CIRCLE, CITY OF ASPEN, PITKIN COUNTY, COLORADO. WHEREAS, in 1990 the Gordon/Callahan tubdivision and final PUD development was approved by the City Council; and WHEREAS, the PUD/subdivision plan included 4 single family lots, 2A, 2B, 2C and 9 and a lot line adjustment between lots 8 and 9; and WHEREAS, the Aspen River Friends (ARF) have purchased the Gordon/Callahan subdivision and have submitted an application to amend the PUD/subdivision development plan, to rezone the property from R-15 PUD to RR PUD and vest their development rights; and WHEREAS, the applicant, ARF, proposes to reduce the number of single family parcels from four to one single family parcel, dedicate a trail easement for pedestrian and bikes, restrict the size of the single family home to 8,500 square feet of allowable floor area, eliminate the retaining wall along old parcels 2B, 2A, and 9, modify the building envelope and ditch alignment of old lot 2C for the new single family parcel, retain one of the four previously approved accessory dwelling units, and vacate the 30 foot access and utility easement across old lots 9 and 2A; and WHEREAS, two "transfer of development rights" that were to be originally applied to the Gordon/Callahan PUD/subdivision shall be retained by the applicant (ARF) to be used elsewhere for future 1 development purposes; and WHEREAS, the applicant also proposes to rezone the property from R-15 PUD to RR PUD because the minimum lot size for the RR zone district is 2 acres, RR is compatible with the amendments to the final PUD/subdivision development plan to reduce the subdivided parcels from four to one lots, and a public trail easement is being dedicated; and WHEREAS, the Planning and Zoning Commission reviewed the development proposal in accordance with those procedures set forth at Section 24-6-205(A)(8)(c) of the Municipal Code and did conduct a public hearing thereon on April 20, 1993; and WHEREAS, upon review and consideration of the amendments and rezoning, agency and public comment thereon, and those applicable standards as contained in Chapter 24 of the Municipal Code, to wit, Division 9 of Article 7 (Planned Unit Development) and Division 11 of Article 7 (Zoning Map Amendments), the Planning and Zoning Commission has recommended approval of the Gordon/Callahan PUD/subdivision amendments and rezoning subject to conditions, to the City Council; and WHEREAS, the Aspen City Council has reviewed and considered the Plan under the applicable provisions of the Municipal Code as identified herein, has reviewed and considered those recommendations and approvals as granted by the Planning and Zoning Commission, and has taken and considered public comment at public hearing; and WHEREAS, the City Council finds that the Plan meets or exceeds 2 all applicable development standards and that the approval of the Plan, with conditions, is consistent with the goals and elements of the Aspen Area Community Plan; and WHEREAS, the City Council finds that this Ordinance furthers and is necessary for public health, safety, and welfare. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO as follows: Section 1: Pursuant to Section 24-7-907 B. of the Municipal Code, and subject to those conditions of approval as specified hereinafter, the City Council finds as follows in regard to the amendments of the final Planned Unit Development plan: 1. The Developer's amendment to the final plan submission is complete and sufficient to afford review and evaluation for approval. 2. The amendment to the final PUD plan is consistent with or an enhancement of the approved final development plan. Section 2: Pursuant to the findings set forth in Section 1 above, the City Council grants a substantial amendment to the Final PUD development plan approval for the Gordon/Callahan PUD/subdivision subject to the following conditions: 1. Prior to construction of various driveway and entry landscape features and excavation of a partial envelope pad the applicant shall receive an earth moving permit (to be amended for City applications) from the Aspen/Pitkin County building department. 2. If the applicant chooses to construct partial improvements pursuant to condition #1, storm runoff exposed to excavated material shall be maintained on site and shall not be permitted to drain to the Roaring Fork River. A drainage plan shall be approved by the City Engineer prior to the issuance of the earth moving permit. 3. Prior to filing, the amended plat shall be reviewed and approved by the Engineering and Planning Departments. 3 4. The applicant shall file with the Pitkin County Clerk and Recorder an amended PUD plat and PUD agreement within 180 days of final approval or the approval as rendered herein shall become invalid. The amended plat and agreement shall include language restricting the allowable floor area of the parcel, including the accessory dwelling unit, to 8,500 square feet. 5. All representations that the applicant has made regarding this amendment shall be adhered to during any development. 6. All water, sewer, gas, electric, telephone and CATV connections will be the responsibility of owner of new Lot 9 at time of a building permit. 7. All landscaping will be by the owner of new Lot 9 except for improvements which may be constructed by the applicant described in condition #1. 8. Construction scheduling will be at the discretion of the applicant or assigns. 9. Costs for necessary public facilities related to construction of the single family home shall be borne by the applicant. 10. Prior to the issuance of any building permits, a deed restriction for the accessory dwelling unit shall be approved by the Housing Authority and recorded with the Pitkin County Clerk and Recorders Office with proof of recordation to the Planning Department. The deed restriction shall state that the accessory unit meets the housing guidelines for such units, meets the definition of Resident Occupied Unit, and if rented, shall be rented for periods of six months or longer. 11. The Agreement between the City and Aspen River Friends shall be closed in order to validate this PUD/subdivision amendment and rezoning. Section 3: Pursuant to Section 24-7-1102 of the Municipal Code, the City Council finds the following with regard to the zoning map amendment component of the application: 1. The proposed zoning amendment as set forth in the application is not in conflict with the provisions of Chapter 24 of the Municipal Code or the Aspen Area Community Plan. 2. The proposed zoning amendment is compatible with the surrounding zone districts and land uses. 3. The proposed zoning amendment will not adversely impact traffic generation or road safety when taken into 4 consideration with the amendments to the final PUD/subdivision. 4. The proposed zoning amendment will promote the public interest and character of the City of Aspen. Section 4: Pursuant to Section 24-7-1102 and 24-7-1103, and Division 3 of Article 5 of Chapter 24 of the Municipal Code, and findings set forth in Section 2 above, the City Council does grant the following amendment to the Official Zone District Map and does designate the following zone district for the development subject to the conditions as specified below: 1. The 2.4 acres of the Gordon/Callahan PUD/subdivision shall be rezoned to Rural Residential PUD. 2. If the amendment to the final PUD/subdivision plan is rendered invalid, this rezoning shall also be held invalid because the minimum lot size per dwelling unit (2 acres) shall be nonconforming. Section 5: All material representations and commitments made by the developer pursuant to the amended PUD/subdivision plan approvals as herein awarded, whether in public hearing or documentation presented before the Planning and Zoning Commission and or City Council, are hereby incorporated in such plan development approvals and the same shall be complied with as if fully set forth herein, unless amended by other specific conditions. Section 6: The Official Zone District Map for the City of Aspen, Colorado, shall be and is hereby amended to reflect the rezoning action as set forth in Section 4 above and such amendment shall be promptly entered on the Official Map in accordance with Section 24-5-103 B. of the Municipal Code. 5 Section 7: Pursuant to Section 24-6-207 of the Municipal Code, the City Council does hereby grant the applicant vested rights for the amended Gordon/Callahan PUD/subdivision as follows: 1. The rights granted by the site specific development plan approved by this Ordinance shall remain vested for three (3) years from the date of final adoption specified below. However, any failure to abide by the terms and conditions attendant to this approval shall result in forfeiture of said vested property rights. Failure to timely and properly record all plats and agreements as specified herein and or in the Municipal Code shall also result in the forfeiture of said vested rights. 2. The approval granted hereby shall be subject to all rights of referendum and judicial review. 3. Nothing in the approvals provided in this Ordinance shall exempt the site specific development plan from subsequent reviews and or approvals required by this Ordinance or the general rules, regulations or ordinances or the City provided that such reviews or approvals are not inconsistent with the approvals granted and vested herein. 4. The establishment herein of a vested property right shall not preclude the application of ordinances or regulations which are general in nature and are applicable to all property subject to land use regulation by the City of Aspen including, but not limited to, building, fire, plumbing, electrical and mechanical codes. In this regard, as a condition of this site development approval, the developer shall abide by any and all such building, fire, plumbing, electrical and mechanical codes, unless an exemption therefrom is granted in writing. Section 8: This Ordinance shall not effect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 9: If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion 6 shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. Section 10: The City Clerk shall cause notice of this Ordinance to be published in a newspaper of general circulations within the City of Aspen no later than fourteen (14) days following final adoption hereof. Such notice shall be given in the following form: Notice is hereby given to the general public of the approval of a site specific development plan, and the creation of a vested property right pursuant to Title 24, Article 68, Colorado Revised Statutes, pertaining to the following- described property: The property shall be described in the notice and appended to said notice shall be the ordinance granting such approval. Section 11: That the City Clerk is directed, upon the adoption of this ordinance, to record a copy of this ordinance in the office of the Pitkin County Clerk and Recorder. Section 12: A public hearing on the Ordinance shall be held on the day of , 1993 at 5:00 in the City Council Chambers, Aspen City Hall, Aspen Colorado, fifteen (15) days prior to which hearing a public notice of the same shall be published in a newspaper of general circulation within the City of Aspen. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council of the City of Aspen on the day of , 1993. John Bennett, Mayor Attest: Kathryn S. Koch, City Clerk FINALLY, adopted, passed and approved this day of , 1993. 7 John Bennett, Mayor Attest: Kathryn S. Koch, City Clerk 8 /rposesrmONK ~~/~t cs o public trag o perpetual, --IciriIn~ZEs-found monument as described, FINAL Pl ~ declicates to the use of the general public. , easement and right-of-way along that portion - 0 indicates set monument rebar and cap L.S. 15710. -t Parcel lying between the centerline of the - & indicates control point River and c line which is 5 feet (measur.ad - Survey Orientation based on found monuments os shown. GORDON/ obove the high water line of the Rearing Fork - Lots 2A, 28.2C, and 9 shall contain an "Accessory Dwelling Unit" - reserves the right to itself the right to use eâ€¢ as such is defined in the Aspen City Council Ordinance No. 1, Series 5 easement area for all purposes which do of 1990. xith the public fishing rights dedicoted hereby, - Rock Retaining Wall is not to exceed 30 inches in height. A PARCEL OF 'e no responsibility or liability in connection of the easement by the fishing public. N 80*33'000 E 104.00' SECTION 18, Building Envelope Ties : Lot 1, Gordon Subdivision Witness ~ 1 i ASPEN, COLO. Corner 30' UNE 1 DRECPON 1 DISTANCE Jo' T N 5945'41' W 61.74' 0 27846*' ZIN,G.~- 1. o r.4- L N 75'31'21' E 60.00' : 65 'aoo. 4 Approval to relocate the existing n N 6505'W E 35.63 -Tilmt> 7!64 N 76~2*2E W 63 59* : r- Easement depicted on this plot connection with the approvd of # 8 4 0 6 Resubdivision. A new eosement I s 88Â·50Â·00" E Riverside Ditch Association and i to the City Engineer prior to re, 5tj *'%11 -83.00' \ red. 6 1 .. 1 3111 0 , .. 1~ 1~7 - -' -Â·3 ~ ''0<4~ ~ 4 6 lin N. (0 SETBACK UNE ---... ..'Ux-, S,ef-Â£ r 0Â·. L_ 'i ,Â· f . N-yi:30,0 . 9/2.~ /---1 1 -~88'5390- E~ Gi*--~1 (-~~/(/ j'/N t ~ 3.<17 ._,9 12. Sheet F of 5....Final Pic ~~ Â¢ 10,755 sq. ft. 4/ A k Budding Envelope Public 7,0,7 Â·o Â·~ . Easement Sheet 2 of 5....Drainage Sheet 3 of 5....Road & 4// 44 1*1 ..1.1 \44'.\ Sheet 4 of 5...(./tift.Â· - anin' 1 i. 9 Sheet 5 of f....2-:eti :ir Â¢ /.7 â‚¬ \L s 9900Â·be E -77.6E~ - LOT 20 ~~ Ace #;114: i? :1 4900*00. W 1 45.00' 1.05 ccs. +/- 21. 96 0 L 13\ i na - S 90*00'00' E O.000 . n ilt 14 t.\*/40 e C> ~ f ,7 - 6334. - CD %1 LOT 28 . m \ 1 * 1 I \164 e 0.40 CCS. +/- s , _ .2.-89'8'101 ---1 1 1 \\\~~-~~=3~~~0~~~~' .0 0 la e 68.05' 1 8 0,3 poe Aâ€žitioâ€ž te\: 1 91 6 Building Envelope 50 O Â§| 5,450 sq. ft. ' --t - 7 -lf - ... - Front Yard Selbock L,ne s Dorce! /0 //4 1 ' UTILITY EASEMENT N 55'44 '00~ E i - - N 90-00Â·00- W , S 90'00'07 E f 10712' 1 ' / N 89'52'14' Et ' .2 7 kl 1 ' .0 00Â«1 -201.3*r--*:Ggirr ZEENÂ¢< 4- 2 - N 90'00'00" w , \ TiC- r-Â«7 - , 4 51 Att'Â· :500 59.10 "7 ' 1# 4kh'@ 4. 6 ' fr Lona Conveyed from Moddolone A YA , - ~ .IN,00.,0,02\ 1 49.19 ' /4~ jlv/ by Borgoin & Sole Deed recorded Â· F . -12,.S.X., L .,ow. ..v 81 01 Book _, et Pogi _- 1 ./ 31 Al i 0 1 ~4 4 \- I E--3 p-_ - , ~~1< , 9, \\ S 90'00'00- E Â°t c -4 I. -1 ul 1 . \ 2 C. EXHIBIT , APP OVED- LANNING Z ING COMM ION 93~ Council Exhibit 62.93 08'30'0 48 3 /1 0, 12' C, 4 , i / N 90*00'00' w ' -1 21135' ( IN FEET ) ' ,// F 3\\>42<\ Appro.Â»70'. Locof,bn of Roc* R.fo.h, 1,0// 8. 1 inch = 40 1 S 90~00'000 E - 490 4 \6102 // 95.22' Xi. 14% tb \ \ 0, // / / ~ LOT 9 Vt ~ A Â·,60-~50 uy EASEMENT . r 4-- v 0.46 ccs. i 3& a /'go,/,, /44 ?0/ sy Building Envolop, 9 i v# 4*' e 00 7,346 sq. ft. , 44" .%(r 0 . 'o Affected by Mean High Water Line 0 0 Area 1Â· 2& ~~Â· i - - ENFIN~90-JF02- ~ ~t C 00 '17*Uj,7 1" 8 v--r' 2.-1 (81% 1539 Sq. Ft. O U-A 9 1-flÂ·\11 2010 Sq. Ft. gl 80.18' /~g I . 3802 Â» Ft. * I. ..r ./ 'Rt/:7' 4 .ju. -'- j 0 Sq. Ft. . 16.70 Sq. Ft. â‚¬ 1 000Â·00' E . - - ~ re-, 35 e's oce 1629 Sq. Ft. a 1\977; - *c 2799 50 Ft. <4 Â·30Â«WC Bo . 95,2 9 B .. b permo%41 Open Space R 1- .. \ U I 0 ~0.10 'OCSÂ·* d 0 9 . 1 5 I .- -. :. ..02. m .. ........ 9 7.3 /\ c 0.-Â· r ve,tz, v...: . 1.c., 9,9 'es#/buc L':: c Â· ~ . ~~ . â‚¬ 24 117J.7 ., j ,r:.0 Â·p- r--4,Â·'. 2/Â·, 1 ' l.' Â·Â·: -r n .- .... -' ' ..le Otne?.t ,â‚¬- 1 5 i Â· : ''4 e,Â·. ts .]tsÂ·.Â· :'tr; C deâ‚¬Us recordes n â€ž . -'mi 40~ C'.G 809. ... m rage _ . ... respectÂ·.eo. Court., CO,oroao Â©90. c-=Dert; C.eco,os. . t- % qi, 4 -* 9 Â· ,- - . 1- ..1 3 -j! -Z (f) 0 Witness Corner r , 70 x 1Â· :/4Â£ L DefcpoN...\ 207#NCE 6 95. 1- 6 19). 00-2 ) f' 7 t ' 5 8957"4.- W-- 4.01 'It' tim . ~ -2 5. 4.1'!!.'QQZ I -I--104-42_-_- ..(0 4- i NO /3 N 0530'Of E 54.00' <13. Â· f'p~7 41*1 .- *Acy:~n,.& -LA .. 5 01Â·00Â·0Â£t.Â£... . .16.111 ..._ i + 45 - *. -rl _27.;11ml.I _._. -_@ME..... 'Fi&41:~~~'U- - 97,4.-~Â« 9. Q.. 0 li 16 - 5 00'00~0Â¤LI . 24,921 -. 2 1.Â·4. pi. Â©*h.. 1.2. 4.7. S 25*Â·12Â·QCZL~. . . 2746' ..._ ~ *LAw' bA S.J'rjlini i. .....21:asi.. - \ Fâ‚¬435:28&N --324-Â·filli/5)::: ill -4 5 1Â£ ] 6 'QÂ¢ Â£ ._ . 22111- . - _ -3-- . ~t 555;1_.- -- 1 ff: #/2.M L 12 N 75'45Â·on" F 28.42' , This parce; is to De coni e>eo to the Adoddo,one Trustees LENGTH TANGENT 1 00,99 1 BEARING 1 PAT,4 fodowing recordation of :nis plot. This entire 0.16 acres is 5544'56Â» -0- fyÂ¢.t 85.68' . 151.48' S 5337'2Â£ W hereoy oedigoted and restricted as permanent open space ;0. 61.37 31.06* 61.00* S 36-36'07 w 21042'14' Vicinity Map 30/ 96.26* 49.60' 94.85' S 64'28'JE W 34'02'42' on Mtich no impro~ements of any kind snon ever be /:, 22.89' 14.340 20.73' N 4417'Ot E 8725'4ef constructed or p,ocea. '0, 17.04â€¢ 8 52' 17Â·oy S 2821 '37 w 05'13'13' SCHMUESER GORDON MEYER INC. 10â€¢, you must commence any 1,00/ oction tot,d 1001 GRAND AVENUE. SUITE 2-E norrinn /CallahaT. f Ecs,ment 7 the use of the ger,crol public, and not os o pub/ic fruit o perpetuot nd richt-of- that portion Lot 1 g betiveen t#I~te~~Le of the line which is 5 feet (measured Gordon Subdivision ih vater line of the Rooring Fork Approval to relocate the cristi r right to itself the right to use Easement depicted on this pic irec for 011 purposes which do connection with the approval , N 80*32'567 E c fishing rights dedicated hereby, tibility or tiobility in connection 90' 'Uness 104.00' Resubdivision. A new easeme Riverside Ditch Association anc nent by the fishing puNic. 0.-,r M to the City Engineer prior to L1 ~0 se, S-Â£ 6- I f'1~ - 4 Ditch 249<m,nk f# 8 T ATA,rnutn's Eawm.114 ,~ ~ ~ 5 8250=' E \. 4- :1: k L 'u 4/ 4 I . /% 1 1/Â· 9 - - f- --4.- - :-fNE**C--1 - 4 , On fil . / 108.44 1 / 4 ' '<\ A & 1 4.../ f , 11 1, 1lb.1,1,t 1 9./9 1 \> 2 4 2 % 2 11 3 -4 J 1 11 411.11 40 pet ; -, ju veÂ· ur k< 11 , "tal - 4 0 4 5.l: j . Ill _ 4 2 48' 1.-1 0â€¢ t , 1 U- 1-l Bwld:747 ,Envelooe ~ 4\ 5. 9. 41/ /i/ , Vi.,1 , , 41,-, 13~ S 'f.f;P,r :J~ 1 L k,~ 41 1- 9,4 t.1 G, O 1 h'-6 X 0 02 1/ 557334<4 vt S 8152'10- W 0, eli 1 d Â· Â· -- 94_ 7305â€¢ \ - 9 W i Â»--e 04 0 ~l Cbs A,Z 1-- 41 7 1 N 9070,0*: E \ .0 N 102.72' r e -Â§ . 1/ / \13 L.5 $ 1/6 0 Vt_- 201*mal j'Â«me/-4/ -/ 2 1 G \ 1 4% 0 Vi 8!1 1 /4 /+u,3,5 i 4 f Curn.er Et >,14 0 :\ \11 1 1 1 ~ Lot 8 1 0 l 3 U 1.1 \ \ >1 02= , A Tal 17796 SF. \1& 8, A M â€¢-1 , 0.41 AC 1 m i h. ONING COMMISSION XHIBIT 71110 5/UAL# Oâ‚¬3 CO'Vâ€¢nia .O reon Ar Lot 9. except l \ \Y 14 9 \2/ ----- ' U f P / 5/ 4 / 73 I 1 Ii/!B \ / Callahan Subdivision Ct Â·N 9000'0(7 W 114 , D -2 tted by Mean HigA later Ling t 80.18' ' -7 N Ltd o sq. n ~ ~ I aftÂ¢\4 ~opoveÂ£~- --- --= + - C 9021 Sg. FL 2799 Sq. Fi 0 ~ 1~ .- '~' 77,88' %~ ~\ C. 1629 Sq. Ft 4 2 AA=,Wwol .5>sco' 6 .2 0 1 ~4455 .57 ' 43 Unplatted 6 k . 1 ~Illo /0 .40 39 4 i i .16/r 1 1 ./ ..1&46 4 ...924 is hereby dedicated ond restricted os f c on .whirti-AD- improvements of any kind shad / \* p/oced, for the benefit of 27ndjo run with A'ock:lme 02 t rret -ties ' described in deeds recorded ln~ . 6988.SF 0 16 WC 19 and â‚¬Qpk --- afj Page _ reÂ»Rtively, Colorodo Red-EmBody Records. \ ~ 7277' 16/Â»,p.rs 1. ..\ n@> C......r /1 3 ' A'.h,7,nall Â¥ / -,3 -'. 5 Inent' LINE# {3[ARiNG DISTANCE â€¢2~ L 1 N 8033'057 E 36.84' l2 0530'00' E 5400 :3 39-37'00- W 21.85' 1 /4 25-*5.00. w 27.46' . 1 Â£5 S 89'52'14= W 4 or Â£6 S 4 1-1 poe- E- 10.440 =53= 2 7 5 000'00- E 2965' CHORD CHORD BEARNG DELTA AVGLE TA 60267, 7 V i c Â·i yti l 24 34 ct p 157.48' S 53'37'28- W 5544'56 85.68 This parcel is to be conveyed lo the Uaddo/one Trustees 94.85 S 64'28*35' W 49 60 61.00 S 36'36'07- W 21Â·42'14* 31.06' following recordation of this plot. This entire 0.16 acres is hereby dedicated ond restricted as Bmninent Â°pen,29Â£Â£93 on which no improvements of any kind sholl-1<*Mbe constructed or placed. ENGINEERS SCHMUESER GORDON MEYER INC. /0,â€¢V~.â€¢~c/ SURVEYORS '.et .4 1001 GRAND AVENUE. SU/TE 2-E Amende d Fined int 1,1'W 81 FNWORD SPRINGS. COLORADO 81601 < 88,63' 3 ,00.00.00 143 00 0 EXHIBIT D Pursuant to Section 7-1102 the standards of review for an amendment to the Official Zone District Map are as follows: a. Whether the proposed amendment is in conflict with any applicable portions of this chapter. RESPONSE: This application is consistent with the purpose of Rural Residential zoning: to allow utilization of land for low density residential purposes with the recreational. . .uses customarily found in proximity to those uses. The amendment will reduce the density of the entire parcel from 4 single family lots to one. A significant river trail easement will be provided for public recreation. The parcel is 2.4 acres and the required minimum lot size in the RR zone district is 2 acres. Although the Friends of the River are going to deed the land against further redevelopment, this rezoning would alleviate future subdivision of the property without rezoning the parcel from RR. b. Whether the proposed amendment is consistent with all elements of the Aspen Area Comprehensive Plan. RESPONSE: The adopted Aspen Area Community Plan recommends that land area adjacent to the river be preserved or obtained for open space and this particular section of the river was identified as a primary pedestrian/bike route. Rezoning the 2.4 acres to Rural Residential combined with the amendment to the Gordon/Callahan PUD would preserve approximately 2.1 acres of open space. As an additional incentive for the proposed rezoning and PUD amendments the Aspen River Friends are dedicating the trail easement for pedestrian and bikes. C. Whether the proposed amendment is compatible with surrounding Zone Districts and land uses, considering existing land use and neighborhood characteristics. RESPONSE: The surrounding zone districts are R-15. The only Rural Residential zone district in the City is directly across the river next to the Ute Children's park. Low density residential is the allowed use in the RR zone district. The rezoning reduces the density potential of the site and this parcel will provide a transition zone between the RR on Ute Avenue and the more dense zoning of the Aspen Club, Riverside and Ute Place neighborhoods. In addition, the 2.1 acres of open space will provide a relief to the rapidly and sizable developments that have recently occurred at Ute Place and the Aspen Club subdivisions. 1 d. The effect of the proposed amendment on traffic generation and road safety. RESPONSE: The rezoning will reduce the density potential of the parcel thus decreasing traffic. Although a larger home (8500 sq. ft.) may generate more traffic than a 6,120 square foot home, the overall reduction in the number of homes and floor area should reduce traffic. e. Whether and the extent to which the proposed amendment would result in demands on public facilities, and whether and the extent to which the proposed amendment would exceed the capacity of such public facilities, including but not limited to transportation facilities, sewage facilities, water supply, parks, drainage, schools, and emergency medical facilities. RESPONSE: The development of a single family home will plage less demand on public facilities then 4 single family homes. Development of the new home shall . provide for any additional demands on public services as part of the amendment to the subdivision/PUD. Land uses, other than residential, that could be developed in the RR zone district (e.g. academic school) require a conditional use review which would prevent the establishment of inappropriate land uses on this particular site. f. Whether and the extent to which the proposed amendment would result in signi f icantly adverse impacts on the natural environment. RESPONSE: This rezoning will have no adverse impact on the natural environment. The rezoning will ensure the preservation of 2.1 acres of open space. Future subdivision could not occur without a rezoning of the parcel to a greater density. g. Whether the proposed amendment is consistent and compatible with the community character in the City of Aspen. RESPONSE: Preservation of open space along the river and the ability to extend the pedestrian/bike trail along the river are priority goals of the community. h. Whether there have been changed conditions affecting the subject parcel or the surrounding neighborhood which support the proposed amendment. RESPONSE: The proposed amendment to the Gordon/Callahan subdivision/PUD Will substantially reduce the pre-approved development of the parcel and provide a trail easement on the east side of the river. i. Whether the proposed amendment would be in conflict with 2 the public interest, and is in harmony with the purpose and intent of this chapter. RESPONSE: The proposed rezoning amendment enhances the public's interest and is consistent with community goals to reduce the density along the river thereby preserving more open space along the river. 3 i U , emu RMF 6N#G COMMISSICm[~ ~' - - - lzX, APPROVED , -,0 , . 11Â¥661:,Â®ON IR. + po 1 1 r- 0. 1/ City Council Exhibit iII PU D & -- Approved -- 4 1 2 8 By Ordinance I 04 AVE. REZINT 3 1 4 1--2 1 - .,S ./9 01 11% 927 L-E-H P NS ~ AVE. \\ 1 \ s' 4 ~\|~2 3~4~ 10 \\ 1 1 - 1 , 4 , DALEA.AVE.-1 \ 0 7 1, 8 1' r I m 19/1 4 1. 00 6 \ 7 7 , 4 / / 17 \4/ 0 / 3 1-- I, *. Y/ R-15* *. . " J V (PUD) ~-Ii Jitfit 7 </Â£ R- 6 d.7 ' CPU D) / $ / / e $ 2% 4 / I I Z , 1% 1 1 % 4 , 1 1 1 12 11 , 1 1, (O,. <qp 4 0 18 4 3 gp 14 .7 0 f 0 0 9 14 0 14 2. M ' 86 4 0% 24 4 10 08 2B 10 Â·IT R 15 / 22 21 1 f0 f\\ \1 Or 2 1, r.ra -1.. 3 <. 7 4 5 / R-15 i % 5 \ 1-0. CPUD) 1 * 14 A 18* 1 ....1 4 K 1 14 L , 6 13 U UTE 0 Y L,V CEMETERY ~ CHILDRENS '0 - -.--*-- ASP PA A K RR 8 D) 1 41 (P U D) 5 0 (11 4 LIPA ITS City Council Exhibit ~ Approved - , 19 - By Ordinance MEMORANDUM To: Leslie Lamont, Planning Office From: Chuck Roth, City Engineer 0/~2_ Date: March 10, 1993 Re: Gordon/Callahan Resubdivision Substantial PUD Amendment and Lot Line Adjustment Having reviewed the above referenced application,.the Engineering Department has the following comments: P. 3 - Trail easement - As we have discussed at the River Friends meetings, we would like a 14' wide easement for the trail. P. 4 - Items 12 & 13 - "Right to excavate partial envelope pad" - As discussed, storm runoff exposed to excavated materials shall be maintained on site and shall not be permitted to drain to the Roaring Fork River. The proposed drainage plan should be approved by the City Engineer. Plat - 1. Amend Riverside Ditch relocation note to read: The City has no land use conditions to relocating the ditch except that "a new easement. . . ." 2. Change title to Amendment No. 1, Gordon/Callahan Resubdivision. 3. Owner certificate: Own Lots 2A, 2B, 2C, and 9 of the Gordon/Callahan Resubdivision. - City is not recipient of ditch easement. ec: Bob Gish, Public Works Director M93.66 City Council Exhibit ~3 Approved - , 19 - Bv Ordinance - To Whom It May Concern: I hereby certify that a Notice of Public Hearing (Exhibit A as attached) was mailed to surrounding property owners within three hundred (300) feet of the projects' property boundary on April 30, 1993 and that signage was posted on the property notifying the public as to the time, date and place of the Public Hearing. Said signage was posted on the property on May 1, 1993, a photo is included (Exhibit B) verifying said posting of the property. Subscribed, certified and sworn to me in the City of Aspen and Pitkin County, State of Colorado this day of 1993 bvt)i<ck jadin My commission expires: Vl,. v/ 2,1. )99Y 0 r L Not,93 4 th,&42.2.-2, Notary Publdic j Bet 412 84&<CE EL yll A i . 1.N'.11, &.Wl.UU PROOF OF PUBLICATIO. STATE OF COLORADO) ) SS. Copy of Notice ORDINANCE NO. 23 County of Pitkin ) AN ORDINANCE OF THE ASPEN CITY COUN- CENTENNIAL CIRCLE, CITY OF ASPEN, PITKIN adversely impact trail generation or road (SERIES OF 1993) TO THE AVEN CLUB SUBDIVISION OFF OF 3. The proposed zoning amendment /111 not CIL GRANTING REZONING FROM R-15 (PUD) COUNTY. COLO~DO. safety when taken into consideration with the MODERATE DENSITY RESIDENTIAL TO RR WHEREAS, In 1990 the Gordon/Callahan sub- amendments to the final PUD/subdlvIston. (FUD) RURAL RESIDENTIAL. A SUBSTANTIAL division and final PUD development was 4. Re proposed zoning amendment will pr~ I, Loren Jenkins do solemnly swear that I am the AMENDMENT TO THE FINAL PUD/SUBDIVISION approved bytheeltyCouncil: and mote the public Interest and character of the Publisher of THE ASPEN TIMES: that the same is a week- IAN FOR THE GORDON/CALLAHAN PUD AND WHEREAS, the PUD/subdivlslon plan Includ- City Of,Upen. SUBDIVISION. AND VESTED RIG}iTS STATUS ed 4 single family lots. 24 28,2C and 9 and a Section 3: Pursuant to Section 24-7-1102 and ly newspaper printed, in, whole or in part, and published FOR A24 ACRE PARCEL LOCATED ADJACENT lot line adjustment between lots 8 and 9; and 24-7-1103. and Division 2 of Article 5 01 Chapter in the County of Pitkin, State of Colorado, and has a gen- --- -Â·- _ WHEREAS, the Aspen River Friends (ARF) 24 ot the Munlclpal Code. and findings set forth have purchased the Gordon/Callahan subdlvtÂ· In Section 2 above. the City Council doe, grant eral circulation therein; that said newspaper has been sion and have submitted an application to the following amendment to the Official Zone published continuously and uninterruptedly in said to rezone the property from R-15 PUD to RR zone district for the development subject to amend the PUD/subdivlsion development plan, District Map and does designate the following County of Pitkin, for a period of more than fifty-two con- PUD and vest their development rights: and the conditions as specified below. WHEREAS, the apphcants, ARF, proposes to 1. The 2.4 acres of the Gordon/Callahan secutive weeks next prior to the first publication of the reduce the number 01 single lamily parcels PUD/subdivlslon shall be rezoned to Rural ResE annexed legal notice or advertisement; that said newspa- from four to bne single larnlly parcel, dedicate denttal PUD. a trail easement for pedestrian and bikes, Section 4: All material representations and per has been admitted to the United States mails as sec- restrlet the size 01 the slngle family home to commltment, made by the developer pursuant ond class matter under the provisions of the Act of March nate the retaining wall along old parcels 28,24 approvals as herein awarded, whether in pub- 8.500 square feet of allowable floor area, elmt- to the amended PUD/subdlvislon plan 3, 1879, or any amendments thereof, and that said news- and 9, modlly the building envelope and dltch 11/ hearing or documentation presented before allmment of old lot 2C for thenew single family the Planning and Zoning Commission and or paper is a a weekly newspaper duly qualified for publish- parcel. retain one o[ the four previously City Council, are hereby Incorporated in such ing legal notices and advertisements with the meaning of the 30 foot access and utility easement across shall be compled with as If luny set lorth here- approved accessory dwelling units, and vacate plan development approvals and the same the laws of the State of Colorado. old lots 9 and 2A: and In. unless amended by other specific cond' WHEREAS, the two transfer of development tions rights thah were being applied to the Section 5. The Official Zone District Map for That the annexed legal notice or advertisement was pub- retained by the applicants (ARD to be used hereby amended to renect the rezonIng action Gordon/Callahan PUD/subdivlsion shall be the City of Aspen, Colorado, shall be and Is lished in the regular and entire issue of every number of elsewhere lor future development purpom a set forth In Section 3 above and such amend- and ment shall be promptly entered on the 0... said weekly newspaper for the period of / consecu- WHEREAS, the applicants also propose to Map In accordance with Seclon 246103 B. of tive insertions; and that the first publication of said notice because the mIntrnum lot size for the RR zone Section 6: Pursuant to Section 246207 01 the rezone the property from R. 15 PUD to RR PUD the Municipal Code. was in the issue of said newspaper dated district is 2 acres. RR is compatible with the Municipal Code, the CIty Council does hereby A AM &9 A.D., 19 43 and that the last pub- development plan to reduce the subdlvided amended Gordon/Callahan PUD/subdIsion as amendments to the final PUD/subdlvIston grant the applicant vested rights lor the licition of said notice was in the issue of said newspaper parce],from four to one lots, and a public trail tolloIS: dated ,437 2213 A.D.,19 623 . WHEREAS, the Planning and Zoning Commis- development plan approved by this Ordinance easement ts being dedicated; and 1, The rights granted by the sle specific ston reviewed the development proposal Â· shall remain vested for three (3) years from the accordance Rh those procedures set 'crth date of fnal adoption Ipecifted below. HowevÂ·- Section 246Â·205(A)(8)(c) of the Municipal Code er, any fallore to at>kie by the ter- and cor- and dld conduct a public hearing thereon on Cons attendant to this approwal shall result In April 20.1993; and forielture of said vested propertyrights. Failure WHEREAS, upon review and consideration of to timely and properly record all plats and the amendments and rezoning. agency and agreements as specified herein and or In the / public comment thereon, and those applicable Muni/pal Code shal] also result in the forfel- standards as contained In Chapter 24 of the tureofsaid vested rights. Subscribed and sworn to before me, a notary Mumcipal Code. to wit. DIvision 9 of Article 7 2. The approval granted hereby shall be subÂ· public in and for the County of Pitkin, State of Colorado, Article 7 (Zoning Map Amendments), the Plan- review. (Planned Unnt Development) and Dlvilon 11 of ject to all rights of referendum and judicial on this (90 day of /2,07 A.D.,19 43 . ed approval /1 the Gordon/Callahan PUD/sub/1. Ordinance shall exempt the stte specific devel nIng and Zoning Commission has recommend- 3. Nothing In the approvals provided In this .1 vision amendments and rezonIng subject to opment plM from sublequent reviews nd or cÂ»<pn~ a , ).30cod~ n,4 4 condloons. to the City Counct and approvals required by this Ordinance or the WHEREAS, the Aspen City Council has general rules, regulations or ordinances or the Notary Public (0 reviewed and considered the Plan under the City provided that such reviews or approvals applicable provisions of the Municipal Code as are not Inconsatent with the approvalsgranted My commission expires 44&,)95- those recommendations and approvals as 4. The establishment herein of a vested prop- Identified herein, has reviewed and considered and vested herein. granted by the Planning and Zoning Commts- 4 right shall not preclude the application of sion, and has taken and considered public cornÂ· ordinances or regulations which are general in ment at public hearing: and nature and are applicable to all property sub- WHEREAS, the City Council finds that the ject to land use regulation by the City 01 Aspen Plan meets or exceeds a]1 applicable developÂ· Including. but not limited to. building. fire. ment standards and that the approval 0/ the plumbing, electrical and mechanical codes. In Plan, with conditions. 4 consistent with the this regard. as a condition 01 this site develo/ goats and elements of the Aspen Area Commu- rent approval, the developer shall ablde by nity Plan: and any and alt such buildlng, fire. plumbing. /]ec- WHEREAS, the CIty Council finds that this trical and mechanical codes. unless an exemp- Ordinance jurthers and is necessary for public tion therefrom is granted in writing health, satety, and welfare. Section 7: ThBOrdinanceshannot elect any NOW. THEREFORE. BE rr ORDAINED BY THE existing litigation and shall not operate as an CITY COUNC[L OF THE CITY OF ASPEN. COL abatement of any action or proceeding now ORADO as tollows pending under or by virtue 01 the ordinances Section 1: Pursuant to Section 2,4-7-907 B. 01 repealed or amended as herein provided, and the Municipal Code. and sul,jecl to tho&, conÂ· the saint //1 be conducted and concluded dltions 01 approval as specmed her/natter. the under such prior ordinances. 3, City Council finds as follows m regard to the Section 8: Il any section, subsection. sen- amendments of the final Planned Unit Develop- tence, clause. phrase, or portion & this OrdiÂ· ment plan: nance I for any reason held Invalid or uncon- 1 The Developer'i amendment to the final mutlonal In a court of competent jurisdiction. plan subm//ston 1, complete and sumcient to such portion shall be deemed a separate, dls- aflord review and evaluation lor approval tinct and independent pro,Aslon and shall not 2. The amendment to the final PUD plan 15 aftect the validity of the remaining portions consistent with or an enhancement 01 the thereof. approved final development plan Section 9: The Clty{Ierk shall cause notice of Section 2: Pursuant [o t!,e findings set forth this Ordinance to be published In a newspaper in Section 1 above, the City Council grants a of general (Irculations with~ the C,ty 01 *pen substantial amendment to the Final PUD devel- no later than fourteen (14) days following tinal opment plan approval for the Gordon/Callahan adoption herd. Such notice shall be given In PUD/subdivision subject to the tollowing condi thel{)1]owing form: tlons Notice Is hereby given to the general public 1, Plot to con 5tauct!on d valous driveway 01 the approval of a site specific development and entry landscape leatures and excavation of plan, and the creation of a vested property a partial envelope pad the applicants shall right pursuant to Title 24. Article 68. Colorado obtain an eanh moving permit (to be amended Revised Statutes. pertaining to the following- for CIty applications) from the Aspen/PitkIn described property: The property shalt be County building department. described in the notice and appended to said 2.11 the applicant chooses to construct par- notice shall be the ordinance granting such tial improvements pursuant to condition #1, approval. Section 10: That the CIty Clerk is storm runoff exposed to excavated material directed, upon the adoption of this otd,nance, shall be maintained on site and shall not be torecord a copyof thts ordin~ce Intheolfice permitted to drain into the RoarIng Fork River. of the P]tkin County Clerk and Recorder. A dralnage plan shal! be approved by the Cly Section ll: A public hearing on the Ordi- Engineer prior to the Issuance of the earth nance shall be held on the 10th day of May. movIngpermit, 1993 at 5:00 In the City Council Chambers, 3. The applicant shall amend the PUD plat Aspen Oty Hall. Aspen Colorado. lifteen [15) and PUD agreement to depict the approved days prior to which hearing a public notice of amendments to the final PUD development the same shall be published in a newspaper 0% plan. general circulation within the City of Aspen. 4. The amended plat shall be reviewed and INTRODUCED. READ AND ORDERED PUB- approved by the Engineering and Planning USHED as provided by law. by the City Council Departments prior to filing with the Pitkin 01 the City of Aspen on the 26th day of April, County Clerk and Recorder. 1993. 5. The applicant shall file an amended PUD John Bennett, Mayor development plan and PUD agreement within Attest: 180 days 01 final approval or the approval is Kathryn S. Koch. Clt),Clerk rendered Invalid. -22!AhM In the Aspen Times April 23,1993. 6. At[ representations that the applicant has made regarding this amendment shall be adhered to during any development. 7. All water. sewer, gas, electric, telephone and CATV connections will be the responslbiri. ty of owner o! new Lot 9 at time of a bullding permit. 8, Ati landscaping will be by the owner 01 new Lot 9 except lor improvements which may be constructed by the Applicant described in condition #1. 9. Construction scheduling will be at the dis- cretion of the Applicant or assigns. 10. Costs for necessal public lacilitles relat- ed to construction of the single family home shall be borne by the applicant. 11 Prior to the Issuance of any building per- mits a deed restriction tor the accesson, dwel]Ing shall be approved by the Housing Authorly and recided with the Pitk]11 County Clerk and Recorders Oltice with proof 01 recor. dation to the Planning Department. The deed restriction shall state Ihat the accessory unlt meets the housing guidelines tor such units. meets the delinlinof Resident Occupied Unit, and If rented, shall be rented for periods of six months or longer. Section 2 Pursuant to Section 24-7-1!02 & the Municipal Code, the CRY CouncilÂ·Aids the following with regard to the zoning map amendment component of the application: 1 The proposed zoning amendment asset forth In the application is not in con/lict wjth the provisions 01 Chapter 24 of the Municipal Code or the Aspen Area Community Plan. 2. The proposed zoning amendment 's comÂ· patible with the surrounding zone districts and Land uses 811*!mhIih~tH{}1~h}j~?11~418}11**MAMMWAMMH#*4*4*#-M"*4(81%**4**MK##**#Ma#-M#*#ME 4 City Council Exhibit -~--~~I /6,2 Approved , 19 teR *Ki 4 N By Ordinance A /14\'\\Â· Uu A gb v V - .W To: i Jasmine Tygre, Chairman and Members of the Aspen Planning 1 and Zoning Commission 390 1 6 42 From: Bob Murray, 1275 Riverside Drive, Aspen Re: Proposal for Development of Callahan/Gordon Subdivision Date: April 14, 1993 I am unable to attend the April 20th meeting and send this memo to express my concerns: Despite the irony of the citizens of Ten-Ten Ute being permitted to construct their houses on a long-established foot trail connecting the east side of Aspen with downtown and then exercising further irony by purchasing the opposite bank of the Roaring Fork River to protect themselves from what was to be mirror of their own offence, the subtraction of more houses along the banks of the Roaring Fork River is a good move in a naughty world. The one house to be built on the prairie above and adJacent to my residence is expected to be monolithic in compensation for the above favor. Leslie Lamont of the Planning Office has promised to examine the architect's plans for this house to prevent their driveway and vehicle headlights from driving directly into the facade of my house. (This was also promised by architect, Stan Mathis in re: the Nixon House on Centennial Drive but that was a promise not kept.) She has advised that the site for this house has been moved a bit further down the slope away from my house and that it is to be set into the slope reducing its overall height. While all of this is better than the earlier plan for numerous houses, I hope that the Planning & Zoning Commission which can provide a responsible check Ill r-1 development will keep in mind not only the size and positioning of this new house, and the length of its construction time, but also its effect upon its neighbors who have been in residence for thirty-five years and who occupy their properties 365 days of the year. ~-Ti-rank you, -1 / 1 < a_-yAÂ·<f~3-â‚¬>z,Â·JiTF 2/ fÂ£,#1 2 - ,U. \ ~.3>41Â«9_ MEMORANDUM TO: Mayor and City Council THRU: Amy Margerum, City Manager THRU: Diane Moore, City Planning Direcror FROM: Leslie Lamont, Senior Planner DATE: April 26, 1993 RE: Gordon/Callahan PUD/Subdivision Amendment and Rezoning R-15 PUD to RR PUD - First Reading Ordinance , Series of 1992 SUMMARY: The applicants, Aspen River Friends (ARF), seek to amend the PUD/Subdivision approval to reduce the number of subdivided parcels from four single family lots to one single family lot. The applicants propose to define a specific building envelope and establish an allowable floor area as defined in the Municipal Code at 8,500 square feet and dedicate to the City a public trail easement. The applicants also request a map amendment to rezone the property from R-15 PUD to Rural Residential (RR) PUD. Staff has determined that the proposed changes are substantial in nature requiring an amendment to the final PUD development plan. A substantial amendment to the final development plan and a map amendment are a two step review process by the Commission and Council. The Planning and Zoning Commission recommends to City Council approval of the PUD/Subdivision amendments and the rezoning with conditions. Please see attached Ordinance , Series of 1993, Exhibit A. Please see the existing and amended PUD/subdivision plat, Exhibits B and C. Staff is concurrently working with representatives of the Aspen River Friends to formalize an agreement that will define trail use for the City's property adjacent to Ute Place Subdivision and the proposed trail easement to be dedicated to the City on the Gordon/Callahan parcel as part of the amendment to the PUD plan. Council, as the City's representatives,will review the agreement prior to signing the document. 1 PREVIOUS COUNCIL ACTION: Council approved the Gordon/Callahan PUD/subdivision in 1990. BACKGROUND: A. The Gordon/Callahan PUD/Subdivision was approved in 1990. The approval included the subdivision of Lot 2 of the Gordon lot split into three seperate parcels: Lots 2A, 2B and 2C. The subdivision also included a lot line adjustment between Lots 8 and 9 of the Callahan subdivision. Two of the single family parcels subdivided from Lot 2 were created using two "transfer of development rights" that were originally created with the preservation of the Smuggler Mobile Home Park. The final PUD development plan identified building envelopes and allowable floor area for Lots 2A, 2B, 2C and 9. The subdivision also identified an "out parcel" for the Maddalones (adjacent neighbors) and a small "permanent open space" parcel next to the out parcel. Accessory dwelling units were also included in the final development plan for Lots 2A, 2B, 2C and 9. The PUD/Subdivision required a $25,000 payment for the eventual construction of a pedestrian/bike bridge connecting City owned land on the west side of the river. It is the City Attorney's position that if there is no subdivision of land, then an impact fee for trails or bridges may not be exacted. The proposed amendments in this application will eliminate the subdivision for which the money was originally exacted. The previous subdivision also included a lot line adjustment between Lots 8 and 9 of the Callahan subdivision. Since the time of approval Lot 8 has been developed. B. Proposed Amendment - The Aspen River Friends have recently purchased the Gordon/Callahan PUD/subdivision. ARF proposes the following amendments to the approved subdivision: 1. reduce the four parcels (Lots 2A, 2B, 2C and 9) to one parcel (new Lot 9); 2. reduce the total allowable floor area from 19,970 to 8,500 square feet; 3. rezone the parcel from R-15 PUD to Rural Residential (RR) PUD; 4. modify the building envelope and ditch alignment of old Lot 2C for new Lot 9 as defined on the amended plat; 2 5. vacate the public trail easement on Lot 2C and grant a new pedestrian/bike trail easement along the river pursuant to the Agreement between the Aspen River Friends and the City of Aspen (in the event the Agreement is not signed the existing easement will remain unchanged); 6. vacate the 30 foot access and utility easement across old Lots 9 and 2A as they are no longer required; 7. eliminate the rock wall retainage height restriction of 30 inches because Lots 2A, 2B and old Lot 9 are being eliminated; 8. retain one of the four previously approved accessory dwelling units to be included in the revised 8,500 square foot floor area for the single-family residence; and 9. the two "transferable development rights" shall be retained by the applicants to be used elsewhere. The Planning and Zoning Commission questioned whether the 2 TDR's had been grounded with the approval and platting of the original PUD/subdivision. This question was posed too late for the City Attorney's office to render a legal opinion for the Commissioner's meeting April 20, 1993 or in time for the deadline of this memo. However, the question of whether ARF has two Transfer of Development Rights to be used in the future does not affect the proposed PUD amendment because the two other subdivided parcels were existing development rights created before the Gordon/Callahan PUD/subdivision. These amendments propose to retain one of those development rights on the property for the one single family residence. Although the Commission approved the amendments to the PUD/subdivision and the rezoning, they added a condition to their approval: A legal opinion regarding the two Transfer of Development Rights that were used for the Gordon/Callahan PUD/Subdivision shall be rendered by the City Attorney's Office before First Reading at City Council for this amendment and rezoning application. The Commission shall be apprised of the legal opinion. Council will be advised of the Attorney's opinion regarding the validity of the Transfer of Development Rights during first reading of this proposal. 3 C. Zoning Analysis - The approved Gordon/Callahan development plan includes 4 single-family lots. The total approved floor area for the subdivision is 19,970 square feet plus the bonus floor area for the accessory dwelling units which equals 1,000 square feet for a total of 20,970 square feet. TABLE 1: ZONE DISTRICT ANALYSIS 1. APPROVED DEVELOPMENT PLAN: zoning = R-15 PUD total lot area = 104,365 sq. ft. 2.4 acres number of lots =4 size of lots 2A = 26,097 sq. ft. 2B = 21,304 sq. ft. 2C = 55,923 sq. ft. 9 = 24,499 sq. ft. number of dwelling units =4 allowable FAR 2A = 4,700 sq. ft. 2B = 4,530 sq. ft. 2C = 6,120 sq. ft. 9 = 4,620 sq. ft. 2. PROPOSED AMENDMENT AND REZONING: zoning = R-15 PUD to Rural Residential PUD total lot area = 104,365 sq. ft. 2.4 acres number of lots =1 new Lot 9 = 104,365 sq. ft. 2.4 acres proposed floor area = 8,500 sq. ft. excluding a 500 sq. ft. garage 4 allowed floor area = 7,565 sq. ft. excluding ADU for R-15 PUD and a 500 sq. ft. garage for 2.4 acres allowed floor area = no limit, applicants for RR PUD volunteer to restrict for 2.4 acres residence to 8,500 excluding the qarage D. Development Review - Pursuant to Section 24-7-907 B., Planned Unit Development regulations, any amendment shall be approved pursuant to the terms and procedures of the final development plan, provided that the proposed change is consistent with or an enhancement of the approved final development plan. As is presented above, the amendment is to reduce the number of subdivided parcels from four to one. The density of the project will be substantially reduced and the allowable floor area, if considering all four lots, is reduced by 54.7%. The applicant is also providing a public trail easement pursuant to the Agreement between the Aspen River Friends and the City of Aspen. The ability to construct a pedestrain/bike trail and bridge on this side of the river will be a less expensive endeavour than developing a multi-use trail on the other side of the river. Although the City owns the land between the river and Ute Place subdivision, and has a bridge easement on the Gordon/Callahan subdivision, the west side of the river is a steep, heavily vegetated, riparian/wetlands zone that would require careful and innovative construction techniques to build a multi-use trail. The proposed trail easement on the Gordon/Callahan side of the river is predominantly out of the riparian zone, less vegetated and on a flat bench. The proposed location of the bridge is further up stream then the original location. Although the bridge span is greater, there will be less disturbance to the riparian zone. E. Amended Plat - The applicant shall file an amended plat and amended PUD agreement. The agreement and plat will be recorded to depict the approved plans. F. Rezoning - By purchasing the Gordon/Callahan subdivision the Aspen River Friends hope to achieve the following goals: substantially reduce the pre-approved development potential (four lots to one), preserve a significant portion of the 2.4 acres as open space (19,970 sq. ft. FAR to 8,500 sq. ft. FAR), and provide a better trail alignment for bike and pedestrian use. In order to accomplish these goals ARF believes that an allowable floor area of 8,500 sq. ft. for the one single family home is 5 necessary. Using the sliding scale in the Municipal Code for floor area for the R-15 zone district, the proposed floor area for the parcel, 8,500 square feet of floor area excluding the ADU and garage, exceeds what is allowed in the R-15 zone district. Thus, ARF proposes to rezone the property to Rural Residential to obtain the 8,500 sq. ft. of allowable floor area. The Rural Residential zone district is a compatible zone district for this size of parcel and in this location. According to the Land Use Code, the purpose of RR is to allow utilization of land for low density residential purposes with the recreation, institutional, public and other compatible uses customarily found in proximity to those uses allowed as permitted or conditional uses. The permitted and conditional uses allowed in the RR zone district are: per,nitted: detached residential dwelling, farm building and uses, nursery, greenhouse, home occupations and accessory buildings and uses. conditional: public building, public and private academic school, church, radio tower, recreation club, day care center, open use recreation site, sewage disposal, water storage and reservoir, electric substation or gas regulator station, satellite dish antennae and accessory dwelling units. The characteristics of the Gordon/Callahan parcel are consistent with the dimensional requirements of the RR zone district. The minimum lot size for a parcel in the RR zone district is 2 acres and there is no external floor area requirement. Minimum front yard setback is 30 feet, side yard is 20 feet, and rear yard is 20 feet. Maximum height is 28 feet and the minimum lot width is 200 feet. The closest RR zone district, and the only RR zoning in the City is directly across the river adjacent to the Ute Children's Park. Please see Exhibit D for specific map amendment review standards. G. Summary - Staff believes the proposed amendment to the Gordon/Callahan PUD and the rezoning from R-15 to RR substantially benefits the surrounding neighborhoods and community by reducing the approved density by 7 5%. The reduction in the number of units to be developed on the site notably increases the amount of open space on the parcel. In exchange for the requested amendment to the PUD, the applicant's conveyance of the public trail easement will enable the City to begin valuable work on the missing section of the Roaring Fork river trail. 6 Provided the Attorney's Office finds that the two TDR's are still transferable, this amendment to the PUD/subdivision plan will free up two free market development rights that may be used elsewhere in the City. However, use of the TDR's does not enable a property owner to increase the density of a parcel beyond underlying zoning requirements or negate development review. Use of the TDRs enables development exempt from the GMP competition process and exempt from mitigation of affordable housing requirements (including accessory dwelling units) only. RECOMMENDATION: The Planning and Zoning Commission, finding that the amendments and rezoning are consistent with the AACP in that more open space along the river is preserved and density is being reduced, recommends to City Council approval of the PUD amendment and the rezoning from R-15 PUD to RR PUD with the following conditions: 1. Prior to construction of various driveway and entry landscape features and excavation of a partial envelope pad the applicants shall receive an earth moving permit (to be amended for City applications) from the Aspen/Pitkin County building department. 2. If the applicant chooses to construct partial improvements pursuant to condition #1, storm runoff exposed to excavated material shall be maintained on site and shall not be permitted to drain to the Roaring Fork River. A drainage plan shall be approved by the City Engineer prior to the issuance of the earth moving permit. 3. Prior to filing, the amended plat shall be reviewed and approved by the Engineering and Planning Departments. 4. The applicant shall file with the Pitkin County Clerk and Recorder an amended PUD plat and PUD agreement within 180 days of final approval or the approval is rendered invalid. The amended plat and agreement shall include language restricting the allowable floor area of the parcel, including the accessory dwelling unit, to 8,500 square feet. 5. All representations that the applicant has made regarding this amendment shall be adhered to during any development. 6. All water, sewer, gas, electric, telephone and CATV connections will be the responsibility of owner of new Lot 9 at time of a building permit. 7. All landscaping will be by the owner of new Lot 9 except for improvements which may be constructed by the Applicant described in condition #1. 8. Construction scheduling will be at the discretion of the Applicant or assigns. 7 9. Costs for necessary public facilities related to construction of the single family home shall be borne by the applicant. 10. Prior to the issuance of any building permits, a deed restriction for the accessory dwelling unit shall be approved by the Housing Authority and recorded with the Pitkin County Clerk and Recorders Office with proof of recordation to the Planning Department. The deed restriction shall state that the accessory unit meets the housing guidelines for such units, meets the definition of Resident Occupied Unit, and if rented, shall be rented for periods of six months or longer. 11. A legal opinion regarding the two Transfer of Development Rights that were used for the Gordon/Callahan PUD/Subdivision shall be rendered by the City Attorney's Office before First Reading of this amendment and rezoning application by City Council. The Commission shall be apprised of the legal opinion. ALTERNATIVES: 1. Council may choose to deny the rezoning finding that the rezoning is inconsistent with the review criteria for a map amendment. 2. Council may choose to deny the PUD/subdivision amendments finding that the amendments do not enhance or are inconsistent with the final development plan. RECOMMENDED MOTION: "I move to read Ordinance , Series of 1993." "I move to approve Ordinance , Series of 1993 on first reading." EXHIBITS: A. Ordinance , Series of 1993 B. Existing PUD site plan C. Amended PUD site plan D. Rezoning Review Standards E. Surrounding Zone Districts F. Referral Comments 8 City Council Exhibit j~ Approved , 19 By Ordinance ORDINANCE N0. (SERIES OF 1993) AN ORDINANCE OF THE ASPEN CITY COUNCIL GRANTING REZONING FROM R-15 (PUD) MODERATE DENSITY RESIDENTIAL TO RR (PUD) RURAL RESIDENTIAL, A SUBSTANTIAL AMENDMENT TO THE FINAL PUD/SUBDIVISION PLAN FOR THE GORDON/CALLAHAN PUD AND SUBDIVISION, AND VESTED RIGHTS STATUS FOR A 2.4 ACRE PARCEL LOCATED ADJACENT TO THE ASPEN CLUB SUBDIVISION OFF OF CENTENNIAL CIRCLE, CITY OF ASPEN, PITKIN COUNTY, COLORADO. WHEREAS, in 1990 the Gordon/Callahan subdivision and final PUD development was approved by the City Council; and WHEREAS, the PUD/subdivision plan included 4 single family lots, 2A, 2B, 2C and 9 and a lot line adjustment between lots 8 and 9; and WHEREAS, the Aspen River Friends (ARF) have purchased the Gordon/Callahan subdivision and have submitted an application to amend the PUD/subdivision development plan, to rezone the property from R-15 PUD to RR PUD and vest their development rights; and WHEREAS, the applicants, ARF, proposes to reduce the number of single family parcels from four to one single family parcel, dedicate a trail easement for pedestrian and bikes, restrict the size of the single family home to 8,500 square feet of allowable floor area, eliminate the retaining wall along old parcels 2B, 2A, . and 9, modify the building envelope and ditch alignment of old lot 2C for the new single family parcel, retain one of the four previously approved accessory dwelling units, and vacate the 30 foot access and utility easement across old lots 9 and 2A; and WHEREAS, the two transfer of development rights that were being applied to the Gordon/Callahan PUD/subdivision shall be retained by the applicants (ARF) to be used elsewhere for future 1 development purposes; and WHEREAS, the applicants also propose to rezone the property from R-15 PUD to RR PUD because the minimum lot size for the RR zone district is 2 acres, RR is compatible with the amendments to the final PUD/subdivision development plan to reduce the subdivided parcels from four to one lots, and a public trail easement is being dedicated; and WHEREAS, the Planning and Zoning Commission reviewed the development proposal in accordance with those procedures set forth at Section 24-6-205(A)(8)(c) of the Municipal Code and did conduct a public hearing thereon on April 20, 1993; and WHEREAS, upon review and consideration of the amendments and rezoning, agency and public comment thereon, and those applicable standards as contained in Chapter 24 of the Municipal Code, to wit, Division 9 of Article 7 (Planned Unit Development) and Division 11 of Article 7 (Zoning Map Amendments), the Planning and Zoning Commission has recommended approval of the Gordon/Callahan PUD/subdivision amendments and rezoning subject to conditions, to the City Council; and WHEREAS, the Aspen City Council has reviewed and considered the Plan under the applicable provisions of the Municipal Code as identified herein, has reviewed and considered those recommendations and approvals as granted by the Planning and Zoning Commission, and has taken and considered public comment at public hearing; and WHEREAS, the City Council finds that the Plan meets or exceeds 2 all applicable development standards and that the approval of the Plan, with conditions, is consistent with the goals and elements of the Aspen Area Community Plan; and WHEREAS, the City Council finds that this Ordinance furthers and is necessary for public health, safety, and welfare. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO as follows: Section 1: Pursuant to Section 24-7-907 B. of the Municipal Code, and subject to those conditions of approval as specified hereinafter, the City Council finds as follows in regard to the amendments of the final Planned Unit Development plan: 1. The Developer's amendment to the final plan submission is complete and sufficient to afford review and evaluation for approval. 2. The amendment to the final PUD plan is consistent with or an enhancement of the approved final development plan. Section 2: Pursuant to the findings set forth in Section 1 above, the City Council grants a substantial amendment to the Final PUD development plan approval for the Gordon/Callahan PUD/subdivision subject to the following conditions: 1. Prior to construction of various driveway and entry landscape features and excavation of a partial envelope pad the applicants shall receive an earth moving permit (to be amended for City applications) from the Aspen/Pitkin County building department. 2. If the applicant chooses to construct partial improvements pursuant to condition #1, storm runoff exposed to excavated material shall be maintained on site and shall not be permitted to drain to the Roaring Fork River. A drainage plan shall be approved by the City Engineer prior to the issuance of the earth moving permit. 3. Prior to filing, the amended plat shall be reviewed and approved by the Engineering and Planning Departments. 3 4. The applicant shall file with the Pitkin County Clerk and Recorder an amended PUD plat and PUD agreement within 180 days of final approval or the approval is rendered invalid. The amended plat and agreement shall include language restricting the allowable floor area of the parcel, including the accessory dwelling unit, to 8,500 square feet. 5. All representations that the applicant has made regarding this amendment shall be adhered to during any development. 6. All water, sewer, gas, electric, telephone and CATV connections will be the responsibility of owner of new Lot 9 at time of a building permit. 7. All landscaping will be by the owner of new Lot 9 except for improvements which may be constructed by the Applicant described in condition #1. 8. Construction scheduling will be at the discretion of the Applicant or assigns. 9. Costs for necessary public facilities related to construction of the single family home shall be borne by the applicant. 10. Prior to the issuance of any building permits, a deed restriction for the accessory dwelling unit shall be approved by the Housing Authority and recorded with the Pitkin County Clerk and Recorders Office with proof of recordation to the Planning Department. The deed restriction shall state that the accessory unit meets the housing guidelines for such units, meets the definition of Resident Occupied Unit, and if rented, shall be rented for periods of six months or longer. 11. A legal opinion regarding the two Transfer of Development Rights that were used for the Gordon/Callahan PUD/Subdivision shall be rendered by the City Attorney's Office before First Reading of this amendment and rezoning application by City Council. The Commission shall be apprised of the legal opinion. Section 2: Pursuant to Section 24-7-1102 of the Municipal Code, the City Council finds the following with regard to the zoning map amendment component of the application: 1. The proposed zoning amendment as set forth in the application is not in conflict with the provisions of Chapter 24 of the Municipal Code or the Aspen Area Community Plan. 2. The proposed zoning amendment is compatible with the surrounding zone districts and land uses. 4 3. The proposed zoning amendment will not adversely impact traffic generation or road safety when taken into consideration with the amendments to the final PUD/subdivision. 4. The proposed zoning amendment will promote the public interest and character of the City of Aspen. Section 3: Pursuant to Section 24-7-1102 and 24-7-1103, and Division 2 of Article 5 of Chapter 24 of the Municipal Code, and findings set forth in Section 2 above, the City Council does grant the following amendment to the Official Zone District Map and does designate the following zone district for the development subject to the conditions as specified below: 1. The 2.4 acres of the Gordon/Callahan PUD/subdivision shall be rezoned to Rural Residential PUD. Section 4: All material representations and commitments made by the developer pursuant to the amended PUD/subdivision plan approvals as herein awarded, whether in public hearing or documentation presented before the Planning and Zoning Commission and or City Council, are hereby incorporated in such plan development approvals and the same shall be complied with as if fully set forth herein, unless amended by other specific conditions. Section 5: The Official Zone District Map for the City of Aspen, Colorado, shall be and is hereby amended to reflect the rezoning action as set forth in Section 3 above and such amendment shall be promptly entered on the Official Map in accordance with Section 24-5-103 B. of the Municipal Code. Section 6: Pursuant to Section 24-6-207 of the Municipal Code, the City Council does hereby grant the applicant vested rights for 5 the amended Gordon/Callahan PUD/subdivision as follows: 1. The rights granted by the site specific development plan approved by this Ordinance shall remain vested for three (3) years from the date of final adoption specified below. However, any failure to abide by the terms and conditions attendant to this approval shall result in forfeiture of said vested property rights. Failure to timely and properly record all plats and agreements as specified herein and or in the Municipal Code shall also result in the forfeiture of said vested rights. 2. The approval granted hereby shall be subject to all rights of referendum and judicial review. 3. Nothing in the approvals provided in this Ordinance shall exempt the site specific development plan from subsequent reviews and or approvals required by this Ordinance or the general rules, regulations or ordinances or the City provided that such reviews or approvals are not inconsistent with the approvals granted and vested herein. 4. The establishment herein of a vested property right shall not preclude the application of ordinances or regulations which are general in nature and are applicable to all property subject to land use regulation by the City of Aspen including, but not limited to, building, fire, plumbing, electrical and mechanical codes. In this regard, as a condition of this site development approval, the developer shall abide by any and all such building, fire, plumbing, electrical and mechanical codes, unless an exemption therefrom is granted in writing. Section 7: This Ordinance shall not effect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 8: If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. 6 Section 9: The City Clerk shall cause notice of this Ordinance to be published in a newspaper of general circulations within the City of Aspen no later than fourteen (14) days following final adoption hereof. Such notice shall be given in the following form: Notice is hereby given to the general public of the approval of a site specific development plan, and the creation of a vested property right pursuant to Title 24, Article 68, Colorado Revised Statutes, pertaining to the following- described property: The property shall be described in the notice and appended to said notice shall be the ordinance granting such approval. Section 10: That the City Clerk is directed, upon the adoption of this ordinance, to record a copy of this ordinance in the office of the Pitkin County Clerk and Recorder. Section 11: A public hearing on the Ordinance shall be held on the day of , 1993 at 5:00 in the City Council Chambers, Aspen City Hall, Aspen Colorado, fifteen (15) days prior to which hearing a public notice of the same shall be published in a newspaper of general circulation within the City of Aspen. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council of the City of Aspen on the day of , 1993. John Bennett, Mayor Attest: Kathryn S. Koch, City Clerk FINALLY, adopted, passed and approved this day of 7 , 1993. John Bennett, Mayor Attest: Kathryn S. Koch, City Clerk 8 ji~ 5~11, 2~3tas o pub//c tra/7, c perpetual' -- gena ca~icat~ found monument as described. FINAL Pl dedicates to the use of the general public, , easement and right-of-way along that portion - 0 indicates set monument rebar and cap L.S. 15710. :t Parcel lying between the centertine of the - & indicates control point River and a line which is 5 feet (measur*d - Survey Orientation based on found monuments as shown. GORDON/ obove the high water line of the Roaring Fork - Lots 2A, 28, 2C. and 9 shall contain an "Accessory Dwelling Unit" - reserves the right to itself the right to use câ€¢ as such is defined in the Aspen City Council Ordinance No. 1, Series 9 easement area for all purposes which do of 1990. vith the public fishing rights dedicated hereby, - Rock Retaining Wall is not to exceed 30 inches in height. A PARCEL OF 'e no responsibility or liability in connection of the easement by the fishing public. N 80*33'Od' E 104.00' SECTION 18, Lot 1, Gordon Subdivision Building Envelope Ties ~ Witness M 'f ASPEN, COLO 1 WRECT/ON I DISTANCE JO' Com* 30' n N 5945'41' W 61.74' 6 SETBACK LINE u 3 . 1 -lk . Easement depicted on this plot u ZY;~5 1 :as L5 100,7. Approval to relocate the existing TIE4 N 7621*25~ W 63 59' : t.- 0 1 I 4 connection with the approval of as . 14 4 S 88'50'00" E ~ 1 1 01 n h Riverside Ditch Association and c 0.43 W N O Resubdivision. A new easement 83.00' \ t<7 --% : f %6435 5 to the City Engineer prior to re, 1 .. 13138 - . / f I.Â£47-1 1-7 4 {/ 'imt 4 1 V Soae/Â¢ UNEd-.----12-1 1 f f' N Â»9:<i- - S 88-50'00- E 108.44'~7 Bu#ding Enve/ope $ 1/ Public Trail . f I~ ~~ Easement 00* ~ Sheet : of 5....Final Pja 10,755 sq. ft. v Sheet 2 of 5...,Drainage Sheet 3 of 5....Road & ill ie# 1, i \181\ Sheet 4 of 0/ 0 5 ..2 L. 5 90:00'01 E - -- LOT 20 1 13-6, Sheet 5 of f..... C.et o -1 r 1 f 47.68 A\ 4 ; MI*rOOTO. W t 45.00' 0 1.05 CCSÂ· +/- \1[\1~ '~: 93:) -0 i . 40' WC S 90'00Â»00- E 20.Â®4 z *\i 6 @\ 2 . 04- +50. 1- 0 ~0 f - 0- - 61.34, \ LOT 28 6%4\1 \ e ta ' '% 4 i t.~ e 1 1 1-% 1 Cd CO lo o 1. 4 - 0.40 ccs.+/- f __ _- _ - 1 \96 ~ 34 9, 22> m~ g 68.05 \,%.3~\\ 4) \2 /O 0 0 Â¢ Dll; 0 0 0 @ -4 Front Yord Setback Line , \~ f 1 (,1--- \ (A Z POB Addii-tiong; 0 >00 ~ Buijabg Envelope Â®~ ' ~:~ L__x 1 - - 5_ 1 ..._-75- - Â· O k 6| 5,450 sq. ft. m Dorie U.> 1 UTILITY EASEMENT N 5544'OG F - -3 =. N 90-00'0â‚¬ K. - 4. S 9900'0Â¢ Ef toi :2' .4 ' 4 _N 9220'00- u ' ' ~~~ ~7 - ~-- -- -71* (S/#ti-I207.ji:-~mi,n~&)~n~A~~.-1 1 , 0 2 + N 89'57'14= E Â¤ N 1 Z I - e A Â· 9 I ... N 89-52-70-_f- -~ .~ ~ fl -1-- - 0-- e 0 I ~ ~ t- 7**Nit/lit~ 59./73- -4 t# 55Â·AA'06 '-44 / 6 69'702.09>-// Lona Conveyed from Moddojone hN Nk 15 00 1 REY 149.19' /K 4 Borgotn & Soje Died recoided 72 r. ot Book _. at page __. 0 -2 ---h -- t~~ \.\~r;,tÂ£;,t~Of 1,Â¢. 74.W, -. ,~ < 9\ 0 .-4 i Â· S 90*00*00~ E Â·1 -1 1 93 '2% t 511 7. \ \ L. -1. U; n I 1 AT Q 1 1 1 LANNING OMMI ON N 15'35'0~ E il Exhibit E /5.00' EXHIBIT N 08'30'00 wl \ \ / N 90'00'00" W 4 -1 21335' 1 \ 15/ - - ( IN FEET ) -1/43 \47GAK /// / Approw,mati Location of Rock R,toining Woll E~ 1 inch = 40 n 5 9400'04 E w 95.22' , 1. :t \/ / < J a46 ocs.1 OP -+ 4 \. / i ~ LOT 9 lis g. ./ y UTILITY EASEMENT C:5 C2 0 80 6,4' 4/ .20 4 *94/ cP Buidng Envelope 4 /01 97 0 Â·a Affected by Mean High Water Line 00 7,345 sq. 1 L , ,Â¢ / 0 S 9000'00- E I - - Area - 2- :8 2 ~~ Â· 94.83; N 9900'00" W | ~ ~ ti... , 1.#clo.)1% VI 1539 Sq. Ft. 2010 Sq. Ft. 80.18' / 0 3802 54. Ft. 4 1 q; C * .*6-46- 0 Sq. ft. 1670 Sq. Ft. .1 . r :.Auki *C 2799 Sq. Ft. 1 M . .. '75.- I. en ce , 629 Sq. 0. 41 & 0 . . 0 Open SpoceQ 8 . ~0.10 ccs.* / d .. , 'Ng.'- 1; / 9 7-6 . 4/ 0 . ,01/ r,Â·~ 1 ' 7 3. lit .Â£22 'J-'-: : 'c'â€¢.Â·6 7Â·..LJL; 79 reS#/'C,'C LIN - C /C r.-2,5, Â·tr'ver,h: '' 0'. L.C :': . 1 ..k. . 4 " '-* -. , "te E.)20Â£14 1 '-" Â· 2, 4 - 1 - 7 :.,f',. e-'.ty .3,55Â·.. b.Â·td Â·r dcâ‚¬os recordee r; . . i. -Og e 4 (L '3 c r,G :30 0. Or page - - _ respect,1 eo , & j Courh, 4,0'Or-000 .e ,. c.eco,os (; 9 0 Â·:/'31 '. ./ US Nalare h q, r- 3.-. I . xc â€¢ - .1 ./ 0 Q 1 3 rd) 1 42 1 Â© Witness Corie, 1- 70 0 Â· Z/Af ~. D#RECPON. \ 0657*CE 1 41 %- 43 N ' 1\3 - ' S 8952 '4* K 4.01 --- 1 \ 4 /0.44. . , ;~ V (1 41 1 . 5 4!'11'QC I -40 /3 N 08-JO'M E 54.00' 0 Â« \ No 64 .- ... s. o.roatocr.._Â£_. -- . -16,11,' -, _ Â· 6,4*ikEfafJ'fr~/ Â· 0- yfet< 6. 388 f 24:*144: :7,~ -zÂ·74*64%21Â·0Â·~ 1,6 . 7 0900'Or.-Â£ - . 244921..- - li 47 5 2541Â»20_% 2-2Â£.__ -__ 04#lg~132f...tl .3*t..\..1- .S =1%.27'QÂ¢L.~. ....---11=8'. . ,9 1 2'1*'*E__I ...._25771- hhe ;4 L W _ N- 2*=0Â¢11- 29 65' . 12 _.. - .11 -QQJQZQQLI- 8.31 L12 N 2 544'Off F 28.42' This parce, is to De coni eyeo to the &!addaione Trustees L : LENGTH. \ TANGENT \ CtÂ·IORD 1 BE>IR/NG I DELTA fodo#,ng recordation of tnis plat. ihis entire 0.16 acres is 89.65 85.68' 151.48' S 53'37'2Â£ W 5544'56' 10 61.37Â· 31.06 61.00' S 3636'07 W 21'42'14' hereoy oedicated ond restricted as permoneni open space 30 96.26' - 49.60' 94.85' S 6428'31 W 34-02'42Â» on which no impro,ements of ony kind snail e,er be Vic inity Map /0, 22.89' 14.34' 20.73' N 40'17'Ot E 8725'48Â» constructed or p,ocea. '0. 17.04Â· 8 52' 17.03' S 2521'37 w 05'13'13Â» SCHMUESER GORDON MEYER INC. low, you mud commence any legof action bozod 1 1 11 .7 \ \, 1001 GRAND AVENUE. SUITE 2-E Gordon /Callahan - 4 4 88.63 008 Easement i the use of the general public. cod not cs o pub/ic troil, o perpetuot nd richt--of- that portion Lot 1 g be&-n th , of the line wh/ch is 5 feet frneosured Gordon Subdivzis*on ih water line of the Rooring Fork Approval to rebcote the exist : right to itself the right to use Easement depicted on this plc ima for all purposes which do connection with the opprovol c fishing rights dedicated hereby, Resubdivision. A new easeme 104.00* ~4~: ~ tibility or liability M connection 90' 'Unes Riverside Ditch Association ant nent by the fishing pubiic. to the City Engineer prior to t JO' st:...4 J...1 D N 80'32'56* E Ditch Â£43.ment 0 70â„¢7- . -2/ t,[14 2 T ASA,â€¢man'f Als.mwn/ , j ~ j 5 88'50'~~LE f tl_ 1 ~4 27 84,00' 1 : a : 1 I k 4.96 1 1 / b.0 11% 7 4 0/in\.G r//i r 108.â€ž -1 5 1/ 1 \/ (4 6 <v 17 NU \ 4:14 + r 1\, 80' 120' RIBL <f f# 2-4,1Â· c Â©*- i ,\N *E .00. \ c-val = 21. . 4.1.1 ' 6-L*~79Â¥L- t.1 Aâ‚¬dz,e ,Enielope ~~K %\ 5- 9- i; 4't~\OL-11 k //,04 4 1 1 + 1 w. K I ' ' Â·lt: 1 k' 4 ' c 10 *f iÂ« r , ,~i Fi Â·~ - ie i , , 14 i u-Â¢& 1: 42:r p Â· 91 ; il S 89*52'10~ */ 4 1 . I. 7325' 44 .f <A Z 171 y- 2 -3, O Â·Â· L U - 0 1 . Ai 16 e ~. N,09Â·00< E \ \ '62.' 72' 1 / C 8 / / b U /Â¢0&9/ t:%:4 14 L5 I r / J. H U > 00 V , 14= m 0 Lot 8 0 1.4 R C 1 6*A , 9 \ \ ~\ \\\ \ 1 17796 SF. -2- 40- \\ i al 01 e 41 AC ~t â„¢ k , \ e\\ ./2/t/â‚¬7, '08 l l ~~~~i7 4 '4,~wn ~~~~~~IO t , 1 . - tvul shau be coar'ned to 1 1 Agen /br Lot 2, exeÂ« 9 1 7 --- 1\ 4%4 1 1 i / T .\ '7 e 0\0 / â‚¬ 144 4 4 /49 / / Cadahan Subdivision 1. \ lihv* f : I 11 \ 1 1 41, 11/ :.a :ted by Wean High later Ling .AZIi. -- 7 1 0 4 n . .Wl 'Aw 1 I'" 0 9021 Sq. FL 1 3 '9'rl 6 1 Â¥Â°PÂ°vÂ°- E Ne- 2799 Sq. Fi f ? 1 11., 1 1 77.05, :2 C. 1629 Sq. Ft 4 4 Adbuu *1 3>aco' io 1 W.055 37 ' 0 Unplatted C k : 1 ~tz /O At y> 4 4 1 i . 6%> 102 d 9 is hereby dedicated ond restricted os 1.9 1 t on ..whieFf-71Â©--improvements of any kind sholl ~ Â£,oGUM. 044 Parre, A placed, for the benefit of-end-to run with lies described in deeds recorded ln~ . 6938 SF 19 and â‚¬opk --- ad Page --, rdsRactively, ~ O 15'1#C Colorado ReokÂ£cop.erfy Records. COâ„¢/7 5' F.'t-n'..rA J Eaâ€¢enunt 9% 14. F. i fNE ' BEARING DISTANCE 1 1 8033'05- E *8< 0 L2 05300(f E 54.00' -0 LJ S 393 700~ W 21.85' , 4 9 25-â€¢yocr W 27.46 3 1 Â£5 S 8152' f Â·e W 401' \ 26 S 4 77 Poe- r 10.44' 1 l 7 5 00-00'00~ E 29.65 CHORD CHORD BEARING DELTA ANGLE TANGErâ€¢Â·- 157,48' S 53 37'28* W 5544'56 85.68 This porcel is to be conveyed to the Uaddolone Trustees Vi (iÂ·irtilv Ma0p 94 85' S 64Â·28'35- W 30'02 41 49 60 61,00. S 36'36 U r W 21Â·42'14* 31.06' following recordation of this plot. This entire 0.16 acres is hereby dedicated and restricted as 2&5132-nent open,aUeES> on which no improvements of anykind stâ‚¬7-*er-be constructed or placed. , ENGINEERS SCHMUESER GORDON MEYER INC. C.....7.Â·'RCI SURVEYDRS '.ct m 1001 GRAND AVENUE. SU/TE 2-E Amended Fined Or ent â€¢nal .... CLFNWOOD SPRINGS. COLORADO 81601 EXHIBIT D Pursuant to Section 7-1102 the standards of review for an amendment to the Official Zone District Map are as follows: a. Whether the proposed amendment is in conflict with any applicable portions of this chapter. RESPONSE: This application is consistent with the purpose of Rural Residential zoning: to allow utilization of land for low density residential purposes with the recreational...uses customarily found in proximity to those uses. The amendment will reduce the density of the entire parcel from 4 single family lots to one. A significant river trail easement will be provided for public recreation. The parcel is 2.4 acres and the required minimum lot size in the RR zone district is 2 acres. Although the Friends of the River are going to deed the land against further redevelopment, this rezoning would alleviate future subdivision of the property without rezoning the parcel from RR. b. Whether the proposed amendment is consistent with all elements of the Aspen Area Comprehensive Plan. RESPONSE: The adopted Aspen Area Community Plan recommends that land area adjacent to the river be preserved or obtained for open space and this particular section of the river was identified as a primary pedestrian/bike route. Rezoning the 2.4 acres to Rural Residential combined with the amendment to the Gordon/Callahan PUD would preserve approximately 2.1 acres of open space. As an additional incentive for the proposed rezoning and PUD amendments the Aspen River Friends are dedicating the trail easement for pedestrian and bikes. C. Whether the proposed amendment is compatible with surrounding Zone Districts and land uses, considering existing land use and neighborhood characteristics. RESPONSE: The surrounding zone districts are R-15. The only Rural Residential zone district in the City is directly across the river next to the Ute Children's park. Low density residential is the allowed use in the RR zone district. The rezoning reduces the density potential of the site and this parcel will provide a transition zone between the RR on Ute Avenue and the more dense zoning of the Aspen Club, Riverside and Ute Place neighborhoods. In addition, the 2.1 acres of open space will provide a relief to the rapidly and sizable developments that have recently occurred at Ute Place and the Aspen Club subdivisions. 1 d. The effect of the proposed amendment on traffic generation and road safety. RESPONSE: The rezoning will reduce the density potential of the parcel thus decreasing traffic. Although a larger home (8500 sq. ft.) may generate more traffic than a 6,120 square foot home, the overall reduction in the number of homes and floor area should reduce traffic. e. Whether and the extent to which the proposed amendment would result in demands on public facilities, and whether and the extent to which the proposed amendment would exceed the capacity of such public facilities, including but not limited to transportation facilities, sewage facilities, water supply, parks, drainage, schools, and emergency medical facilities. RESPONSE: The development of a single family home will place less demand on public facilities then 4 single family homes. Development of the new home shall provide for any additional demands on public services as part of the amendment to the subdivision/PUD. Land uses, other than residential, that could be developed in the RR zone district (e.g. academic school) require a conditional use review which would prevent the establishment of inappropriate land uses on this particular site. f. Whether and the extent to which the proposed amendment would result in significantly adverse impacts on the natural environment. RESPONSE: This rezoning will have no adverse impact on the natural environment . The rezoning will ensure the preservation of 2.1 acres of open space. Future subdivision could not occur without a rezoning of the parcel to a greater density. g. Whether the proposed amendment is consistent and compatible with the community character in the City of Aspen. RESPONSE: Preservation of open space along the river and the ability to extend the pedestrian/bike trail along the river are priority goals of the community. h. Whether there have been changed conditions affecting the subject parcel or the surrounding neighborhood which support the proposed amendment. RESPONSE: The proposed amendment to the Gordon/Callahan subdivision/PUD Will substantially reduce the pre-approved development of the parcel and provide a trail easement on the east side of the river. i. Whether the proposed amendment would be in conflict with 2 the public interest, and is in harmony with the purpose and intent of this chapter. RESPONSE: The proposed rezoning amendment enhances the public's interest and is consistent with community goals to reduce the density along the river thereby preserving more open space along the river. 3 - LIMI C 4 2--7 2 2 . - *~G COBOâ‚¬ISSIC~~ ~ RMF ..4 -- -1,A, APPROVED . , 4 - - R#fOL~ION RÂ· PD . .. . d 1 ' C.,4 i City Council Exhibit ~ . pu 0 3 Approved - , 19 2 3 4 0 By Ordinance i ' AVE. 1 REGENT 3- k. ,.. . .ORf I 6 - * t Â¢9'. f.â€¢â€¢r I V. 4. (-E-H P *-< AVE. Bi /-7 \\\ Pri li JO \\ 1 1 1 I /-\ / T I ' e 'ble I -- 8 0 8 4 DALEAAVE -J 0 7 & ~ / It a . ililly / -0 4 1 7 , . , , 17 R \41.1 004 3 1 m Y/ R-15A ++ 0 -- 4 t , Jv CPU D) -+ -h~ 1 <,44* .... R-6 R-15 1 18 4 29.. (PUD) -,,1 8 \ (PUD) / 0 4 2 i i 1 04+ 1 1 1 1 11 1 1 1 12 1 : 1, z O ' / 4 1 0 9 4 3 1, 1%4 7 0 4 4 14 1. 2. . 1 6 4 12 . 4 P-A 24 1O 05 10 17 j ' R 15 â‚¬109" 22 21 2 *0 1. . re 1 \1 3 ./ 7.-, . 1 ~+ f -1, 4 S . f. i 130 / R-15 . I â‚¬1 1 (PUD) 14 A - 18* 14 1 14 - 8 01 / i.. H - .,9 UTE UTE ' CEMETERY ~ CHILDRENS L\M CITY ------- ASP â€ž PARK - -r- , R R 03 , 41 "94, 1 (P U D) LIMITS :ity Council Exhibit ~~I Approved -I.=- , 19 By ordinance - - MEMORANDUM To: Leslie Lamont, Planning Office From: Chuck Roth, City Engineer 816 Date: March 10, 1993 Re: Gordon/Callahan Resubdivision Substantial PUD Amendment and Lot Line Adjustment Having reviewed the above referenced application, the Engineering Department has the following comments: P. 3 - Trail easement - As we have discussed at the River Friends meetings, we would like a 14' wide easement for the trail. P. 4 - Items 12 & 13 - "Right to excavate partial envelope pad" - As discussed, storm runoff exposed to excavated materials shall be maintained on site and shall not be permitted to drain to the Roaring Fork River. The proposed drainage plan should be approved by the City Engineer. Plat - 1. Amend Riverside Ditch relocation note to read: The City has no land use conditions to relocating the ditch except that "a new easement. . . ." 2. Change title to Amendment No. 1, Gordon/Callahan Resubdivision. 3. Owner certificate: Own Lots 2A, 2B, 2C, and 9 of the Gordon/Callahan Resubdivision. - City is not recipient of ditch easement. ec: Bob Gish, Public Works Director M93.66 O,1 MEMORANDUM /24-1 t. b TO: Aspen Planning and Zoning Commission V -/4. Lf&// Ve FROM: Leslie Lamont, Senior Planner 140:A / RE: Gordon/Callahan PUD Amendment and Rezoning - Publid Hearing DATE: April 20, 1993 SUMMARY: The applicants, Aspen River Friends (ARF), seek to amend the PUD/Subdivision approval to reduce from the number of subdivided parcels from four single family lots to one single family lot. The applicants propose to define a specific building envelope and establish an allowable floor area as defined in the Municipal Code at 8,500 square feet and dedicate to the City a public trail easement. The applicants also request a map amendment to rezone the property from R-15 PUD to Rural Residential (RR) PUD. Staff has determined that the proposed changes are substantial in nature requiring an amendment to the final PUD development plan. A substantial amendment to the final development plan and a map amendment are a two step review process by the Commission and Council. Staff recommends approval of the PUD amendments and the rezoning. APPLICANT: Aspen River Friends (ARF), represented by Skip Behrhorst, Dick Fallin and Brooke Peterson. LOCATION: Lots 2A, 2B, 2C and 9 of the Gordon/Callahan Subdivision located off of Centennial Circle Aspen, Colorado. ZONING: R-15, PUD APPLICANT'S REQUEST: Amend the final PUD development plan and rezone the parcel from R-15 PUD to RR PUD. REFERRAL COMMENTS: The following referral agencies have submitted comments. Engineering - Having reviewed the above application the Department has the following comments: 1. "Right to excavate partial envelope pad" - As discussed, storm runoff exposed to excavated materials shall be maintained on site and shall not be permitted to drain to the Roaring Fork River. The proposed drainage plan should be approved by the City Engineer. Plat - 1. Amend Riverside Ditch relocation note to read: The City has no land use conditions to relocating the ditch except that "a new easement. . . ." 2. Change title to Amendment No. 1, Gordon/Callahan Resubdivision. 3. Owner certificate needs clarification: Own Lots 2A, 2B, 2C, and 9 of the Gordon/Callahan Resubdivision. 4. The City is not a recipient of ditch easements. STAFF COMMENTS A. Background - The Gordon/Callahan PUD/Subdivision was approved in 1990. The approval provided for the subdivision of Lot 2 of the Gordon lot split into three seperate parcels: Lots 2A, 2B and 2C. The subdivision also included a lot line adjustment between Lots 8 and 9 of the Callahan subdivision. Two of the single family parcel were to use two "transfer of development rights" that were originally created with the preservation of the Smuggler Mobile Home Park. The final PUD development plan identified building envelopes and allowable floor area for Lots 2A, 2B, 2C and 9. The subdivision also identified an "out parcel" for the Maddalones (adjacent neighbors) and a small "permanent open space" parcel next to the out parcel. Accessory dwelling units were also included in the final development plan for Lots 2A, 2B, 2C and 9. The PUD/Subdivision required a $25,000 payment for the eventual construction of a pedestrian/bike bridge connecting City owned land on the west side of the river. The subdivision also included a lot line adjustment between Lots 8 and 9 of the Callahan subdivision. Since the time of approval Lot 8 has been developed. B. Proposed Amendment - The Aspen River Friends have recently purchased the Gordon/Callahan PUD/subdivision. ARF proposes the following amendments to the approved subdivision: 1. reduce the four parcels (Lots 2A, 2B, 2C and 9) to one parcel (Lot 9); 2. reduce the total allowable floor area from 19,970 to 8,500 square feet; 2 3. rezone the parcel from R-15 PUD to Rural Residential (RR) PUD; 4. modify the building envelope and ditch alignment of old Lot 2C for new Lot 9 as defined on the amended plat; 5. vacate the public trail easement on Lot 2C and grant a new pedestrian/bike trail easement along the river pursuant to the Agreement between the Aspen River Friends and the City of Aspen (in the event the Agreement is not signed the existing easement will remain unchanged); 6. vacate the 30 foot access and utility easement across old Lots 9 and 2A as they are no longer required; 7. eliminate the rock wall retainage height restriction of 30 inches because Lots 2A, 2B and old Lot 9 are being eliminated; 8. retain one of the four previously approved accessory dwelling units to be included in the revised 8,500 square foot floor area for the single-family residence; and 9. the two "transferable development rights" shall be retained by the applicants to be used elsewhere. C. Zoning Analysis - The approved Gordon/Callahan development plan includes 4 single-family lots. The total approved floor area for the subdivision is 19,970 square feet plus the bonus floor area for the accessory dwelling units which equals 1,000 square feet. TABLE 1: ZONE DISTRICT ANALYSIS 1. APPROVED DEVELOPMENT PLAN: zoning = R-15 PUD total lot area = 104,365 sq. ft. 2.4 acres number of lots =4 size of lots 2A = 26,097 sq. ft. 2B = 21,304 sq. ft. 2C = 55,923 sq. ft. 9 = 24,499 sq. ft. number of dwelling units =4 3 allowable FAR 2A = 4,700 sq. ft. 2B = 4,530 sq. ft. 2C = 6,120 sq. ft. 9 = 4,620 sq. ft. 2. PROPOSED AMENDMENT: zoning = R-15 PUD to Rural Residential PUD total lot area = 104,365 sq. ft. 2.4 acres number of lots =1 new Lot 9 = 104,365 sq. ft. 2.4 acres proposed floor area = 8,500 sq. ft. excluding ADU and a 500 sq. ft. garage D. Development Review - Pursuant to Section 7-907 B., any amendment shall be approved pursuant to the terms and procedures of the final development plan, provided that the proposed change is consistent with or an enhancement of the approved final development plan. During review the Commission and City Council may require such conditions Of approval as are necessary to insure that the development will be compatible with current community conditions. This shall include, but not be limited to, applying to the portions of the development which have not obtained building permits or are proposed to be amended by any new community polices or regulations which have been implemented since the original approval, or taking into consideration changing community circumstances as they affect the project's original representation and commitments. RESPONSE: As is presented above, the amendment is to reduce the number of subdivided parcels from four to one. The density of the project will be substantially reduced and the allowable floor area, if considering all four lots, is reduced by 54. 7%. The applicant is also providing a public trail easement pursuant to the Agreement between the Aspen River Friends and the City of Aspen. The ability to construct a pedestrain/bike trail and bridge on this side of the river will be a less expensive endeavour than developing a multi-use trail on the other side of the river. Although the City owns the land between the river and Ute Place subdivision and has a bridge easement on the Gordon/Callahan subdivision, the west side of the river is a steep, heavily 4 vegetated, riparian/wetlands zone that would require careful and innovative construction techniques to build a multi-use trail. The proposed trail easement on the Gordon/Callahan side of the river is predominantly out of the riparian zone, less vegetated and on a flat bench. The proposed location of the bridge is further up stream then the original location. Although the span is greater there will be less disturbance to the riparian zone. D. Amended Plat - The applicant shall file an amended plat and amended PUD agreement. The agreement and plat will be recorded to depict the approved plans. F. Rezoning - By purchasing the Gordon/Callahan subdivision the Friends of the River hope to achieve the following goals: substantially reduce the pre-approved development potential (four lots to one), preserve a significant portion of the 2.4 acres as open space (19,970 sq. ft. FAR to 8,500 sq. ft. FAR), and provide a better trail alignment for bike and pedestrian use. In order to accomplish these goals ARF believes that an allowable floor area of 8,500 sq. ft. for the one single family home is necessary. Using the sliding scale in the Municipal Code for floor area for the R-15 zone district the proposed floor area for the parcel, 8,500 square feet of floor area excluding the ADU and garage, exceeds what is allowed in the R-15 zone district. Thus, ARF proposes to rezone the property to Rural Residential to obtain the 8,500 sq. ft. of allowable floor area. Fortunately, the Rural Residential zone district is a compatible zone district for this size of a parcel and in this location. According to the Land Use Code, the purpose of RR is to allow utilization of land for low density residential purposes with the recreation, institutional, public and other compatible uses customarily found in proximity to those uses allowed as permitted or conditional uses. The permitted and conditional uses allowed in the RR zone district are: permitted: detached residential dwelling, farm building and uses, nursery, greenhouse, home occupations and accessory buildings and uses. conditional: public building, public and private academic school, church, radio tower, recreation club, day care center, open use recreation site, sewage disposal, water storage and reservoir, electric substation or gas regulator station, satellite dish antennae and accessory dwelling units. THe characteristics of the Gordon/Callahan parcel are consistent with the dimensional requirements of the RR zone district. The minimum lot size for a parcel in the RR zone district is 2 acres 5 and there is no external floor area requirement. Minimum front yard setback is 30, side yard is 20 and rear yard is 20 feet. Maximum height is 28 feet and the minimum lot width is 200 feet. The closest RR zone district, and the only RR zoning in the City, is directly across the river adjacent to the Ute Children's Park. Pursuant to Section 7-1102 the standards of review for an amendment to the Official Zone District Map are as follows: a. Whether the proposed amendment is in conflict with any applicable portions of this chapter. RESPONSE: This application is consistent with the purpose of Rural Residential zoning: to allow utilization of land for low density residential purposes with the recreational... uses customarily found in proximity to those uses. The amendment will reduce the density of the entire parcel from 4 single family lots to one. A significant river trail easement will be provided for public recreation. The parcel is 2.4 acres and the required minimum lot size in the RR zone district is 2 acres. Although the Friends of the River are going to deed the land against further redevelopment, this rezoning would alleviate future subdivision of the property without rezoning the parcel from RR. b. Whether the proposed amendment is consistent with all - _. - elements of the Aspen Area Comprehensive Plan. RESPONSE: The adopted Aspen Area Community Plan recommends that land area adjacent to the river be preserved or obtained for open space and this particular section of the river was identified as a primary pedestrian/bike route. Rezoning the 2.4 acres to Rural Residential combined with the amendment to the Gordon/Callahan PUD would preserve approximately 2.1 acres Of open space. As an additional incentive for the proposed rezoning and PUD amendments the Aspen River Friends are dedicating the trail easement for pedestrian and bikes. C. Whether the proposed amendment is compatible with surrounding Zone Districts and land uses, considering existing land use and neighborhood characteristics. RESPONSE: The surrounding zone districts are R-15. The only Rural Residential zone district in the City is directly across the river next to the Ute Children's park. Low density residential is the allowed use in the RR zone district. The rezoning reduces the density potential of the site and this parcel will provide a transition zone between the RR on Ute Avenue 6 and the more dense zoning of the Aspen Club, Riverside and Ute Place neighborhoods. In addition, the 2.1 acres of open space will provide a relief to the rapidly and sizable developments that have recently occurred at Ute Place and the Aspen Club subdivisions. d. The effect of the proposed amendment on traffic generation and road safety. RESPONSE: The rezoning will reduce thZ--- isity potential of the parcel thus decreasing traffic. Although -tlarger home (8500 sq. ft.) may generate more traffic than a 4,500\square foot home, -the _.~ overall reduction in the number of homes 4nd floor area should..4-fli' reduce traffic. -- -*-- 7 1 e. Whether and the extent to which the proposed amendment ( , k. would result in demands on public facilities, and whether and \ Nu \4/ the extent to which the proposed amendment would exceed the 2-' F -- capacity of such public facilities, including but not limited C ,< to transportation facilities, sewage facilities, water supply, 1 7 parks, drainage, schools, and emergency medical facilities. p } -~ Â¥ p RESPONSE: The development of a single family home will place less demand on public facilities then 4 single family homes. ~,0.- Development of the new home shall provide for any additional demands on public services as part of the amendment to the -*3~:7 subdivision/PUD. Land uses, other than residential, that could be developed in the RR zone district (e.g. academic school) require a conditionalcusÂ«~ t~*â„¢ review which would prevent the establishment of inappropriate <and 2<q Â«, uses on this particular site. f. Whether and the extent to which the proposed amendment wol~~ result in significantly adverse impacts on the natural environment. N~~~~ RESPONSE: This rezoning will have no adverse impact on the natural j environment. The rezoning will ensure the preservation of 2.1 acres of open space. Future subdivision could not occur without a rezoning of the parcel to a greater density. g. Whether the proposed amendment is consistent and compatible with the community character in the City of Aspen. RESPONSE: Preservation of open space along the river and the ability to extend the pedestrian/bike trail along the river are priority goals of the community. h. Whether there have been changed conditions affecting the subject parcel or the surrounding neighborhood which support the proposed amendment. RESPONSE: The proposed amendment to the Gordon/Callahan 7 subdivision/PUD Will substantially reduce the pre-approved development of the parcel and provide a trail easement on the east side of the river. i. Whether the proposed amendment would be in conflict with the public interest, and is in harmony with the purpose and intent of this chapter. RESPONSE: The proposed rezoning amendment enhances the public's interest and is consistent with community goals to reduce the density along the river thereby preserving more open space along the river. F. Summary - Staff believes the proposed amendment to the Gordon/Callahan PUD and the rezoning from R-15 to RR substantially benefits the surrounding neighborhoods and community by reducing the approved density by 75%. The reduction in the number of units to be developed on the site notably increases the amount of open space on the parcel. In exchange for the requested amendment to the PUD the applicant's conveyance of the public trail easement will enable the City to begin valuable work on the missing section of the Roaring Fork river trail. RECOMMENDATION: The Planning Department recommends approval of the PUD amendment and the rezoning from R-15 PUD to RR PUD with the following conditions: 1. Prior to construction of various driveway and entry landscape features and excavation of a partial envelope pad the applicants shall receive an earth moving permit (to be amended for City applications) from the Aspen/Pitkin County building department. 2. If the applicant chooses to construct partial improvements pursuant to condition #1, storm runoff exposed to excavated material shall be maintained on site and shall not be permitted to drain to the Roaring Fork River. A drainage plan shall be approved by the City Engineer prior to the issuance of the earth moving permit. 3. The applicant shall amend the PUD plat and PUD agreement to depict the approved amendments to the final PUD development plan. 4. Prior to filing, the amended plat shall be reviewed and approved by the Engineering and Planning Departments. 5. The applicant shall file an amended PUD development plan and PUD agreement within 180 days of final approval or the approval is rendered invalid. ~6. All representationsnthat ~h~ applicant has made regarding this 112Â« rhtaLE / 8 amendment shall be adhered to during any development. 7. All water, sewer, gas, electric, telephone and CATV connections will be the responsibility of owner of new Lot 9 at time of a building permit. 8. All landscaping will be by the owner of new Lot 9 except for improvements which may be constructed by the Applicant described in condition #1. 9. Construction scheduling will be at the discretion of the Applicant or assigns. 10. Costs for necessary public facilities related to construction of the single family home shall be borne by the applicant. ~ ATTACHMENTS: A. Existing PUD site plan B. Amended PUD site plan C. Surrounding Zone Districts ~3% 069259-- a~uÂ«Â»if ~ e repce.4-Â«t~U\Â« 02-ArÂ« ~ew-& A-lt- 6-~~ e 7 11: 04 Dco (ba_t pitt-x_u,Â»r~ , 1 4 0 lul *Â»iÂ» r--~1Â·4 -0 l.2 6- ToR3-44 Lulu- UstRy =="J Y,Al-L 94 900 r keR ~ ~b-Un Po Â¢ ~-Al er\-1 0.01.~ All. rl 6 luE b-Q--/ reaixj~ Vbly a.-1- H=ty-~'' Â»1&430 -343 j %3 ced 6-4-4 03-5 911-3Â» 41 9-4-4 A 4 2 9 4 41 G_ cvO aÂ»t MEMORANDUM TO: Mayor and City Council THRU: Amy Margerum, City Manager ~4~ THRU: Diane Moore, City Planning Director V' FROM: George Robinson, Director of Parks Leslie Lamont, Senior Planner DATE: July 12, 1993 RE: Agreement - Aspen River Friends Partnership and City of Aspen Resolution 38, Series of 1993 SUMMARY: The Parks, Planning, and Engineering Departments, and the City Attorney's Office, have been working with the Aspen River Friends (ARFP) and their representatives to formalize an agreement for the dedication of a public pedestrian/bike trail and the future use of existing City owned property. Exhibits to this Agreement will be posted in Council chambers as they are too bulky to be reproduced and attached here. Review of the Agreement was tabled at the June 28, 1993 Council meeting due to Council's request that language be included in the Agreement that would prevent ARFP or the potential buyer of Lot 9 from obstructing construction of the bridge and/or the trail. Language to that effect has been included in the Agreement. It has been reprinted, #13 in the Agreement section, of this cover memo. The City believed that it had owned all of the Ute Park and the sliver of land running between the Ute Place subdivision and the Roaring Fork River. Only recently, staff discovered that the County has a Treasures's deed for the sliver of land which calls into question the City's title to this land. To complete the agreement with ARFP, the City needs to be able to warrant merchantable title and thus we requested that the County quit claim any interest it may have in this parcel to the City. The Board of County Commissioners reviewed the City's request at their June 22, 1993 worksession. The BOCC agreed to convey the parcel of land, however the transfer must be done by Ordinance. Second reading of the Ordinance is scheduled for July 27, 1993. Based upon the positive commitment from the BOCC, the City Attorney's office recommends proceeding with review of the matter with a condition that the closing will not take place until we get the quit claim deed and condition the rezoning and PUD amendment of the Gordon/Callahan on the closing of the agreement. BACKGROUND: ARFP has purchased the Gordon/Callahan PUD/subdivision (Lots 2A, 2B, 2C and 9) and proposes to amend the PUD by reducing the 4 approved single family parcels to 1 single family parcel. ARFP also has proposed to rezone the property from R-15 to Rural Residential. As part of the amendment process, ARFP is dedicating a 12 foot public pedestrian/bike trail easement and a bridge easement on the Gordon/Callahan property. In exchange for the dedication of a public trail easement, ARFP requests protective covenants to be placed upon City owned land between the river and Ute Place subdivision. Staff, and ARFP have negotiated an Agreement that prescribes the conditions for dedication and use of the public trail easement and future use of the existing City property between the river and Ute Place subdivision. AGREEMENT: Following is a summary of the Agreement. As these are highlights, please thoroughly review the attached Agreement. Most of the aspects of this Agreement are visual and the Exhibits to the Agreement (maps, trails alignments etc.) will be posted in the Council Chambers for review. 1. City owned property adjacent to Ute Place is described as Parcel A. The trail easement on the Gordon/Callahan PUD/subdivision is described as Parcel B. 2. Parcel A shall be maintained in its current natural state with a 2 or 3 foot pedestrian trail and no other structures, improvements or trails of any kind shall be allowed. However, necessary improvements to the Wheeler Ditch structures are permitted. 3. ARFP shall have the right, at its cost and expense, to remove dead vegetation or plant indigenous vegetation on Parcel A. Removal or planting shall only be done with City of Aspen approval and any other governmental agency which has jurisdiction i.e. the Army Corps. of Engineers. 4. On Parcel A, the City agrees to maintain the existing 2 to 3 foot walking path as a dirt path for pedestrians only, which shall not be expanded in any manner. 5. For Parcel B, ARFP shall dedicate (and it is identified on the Exhibits of the Agreement) a 12 foot pedestrian/bike easement. The easement shall include an eight foot tinted concrete path with an unpaved 2 foot "recovery zone" on either side of the paved path. 6. The City shall have the right to construct a ten foot wide bridge (measured from inside railing to the inside railing) at the eastern end of Parcel B. 2 7. ARFP has agreed to the design of the bridge, trail, and the alignment of the trail connecting the bridge to the Ute People's Park. Please see Exhibit C of the Agreement. 8. A sign shall be placed at either end of Parcel B indicating the use of the path as a pedestrian and bike path only. Only non- motorized vehicles for maintenance, motorized wheelchairs and emergency vehicles shall be allowed on Parcel C. 9. ARFP shall grant to the City of Aspen a construction access and staging area and an additional four feet along the easement for trail and bridge construction purposes. 10. Please note that the City agrees that it shall not construct the bridge or trail until all easements and permits are in place to connect the trail and bridge from the Benedict Building to either a comparable paved public bike trail, minimum 8 foot paved public right-of-way, or an improved public park. 11. The City agrees to modify the 12 foot trail easement existing within the Ute Place subdivision to an unpaved 3 foot path to align and join with the pedestrian easement between Ute Place and Calderwood Subdivisions and connect to Parcel A. The exact location and surface treatment shall be discussed with the homeowner's association of both the Gant and Ute Place, however, final decision rests with the City. 12. Fees for all survey costs necessary on account of this agreement shall be shared equally at the closing by the parties. 13. "ARFP acknowledges that the easement upon Parcel B and the City's ability to construct a pedestrian and bicycle trail within the easement and the placement of a bridge across the Roaring Fork River as described herein, is an express consideration of the City to execute this Agreement and for the imposition of the Protective Covenants upon Parcel A. ARFP hereby warrants and agrees that it will not initiate, cooperate with, or be a part of any effort, on its own behalf or any other third party, either directly or indirectly to prevent, frustrate, obstruct, thwart or delay the City's current plans to construct a pedestrian and bicycle trail within the easement on Parcel B and to place a bridge across the Roaring Fork River in a location as set forth in this Agreement, provided, however, that the City has fully complied with the terms and conditions set forth in this agreement. ARFP further agrees to require any subsequent purchaser of Amended Lot 9 of the Gordon/Callahan Subdivision to execute a written acknowledgement that (1) it has received a copy of the Easement; (2) understands that the City has the right to construct a pedestrian and bicycle trail upon the land described in the Easement and to place a bridge across the Roaring Fork River, as described in the Easement, and that the City has a right to occupy the construction staging areas 3 and have temporary access over Amended Lot 9 as described in the Easement; and (3) warrants and agrees that it shall not unreasonably, and without good cause, initiate, cooperate with, or be a part of any effort, on its own behalf or on any other third party, either directly or indirectly to prevent, frustrate, obstruct, thwart or delay the City's plans for the pedestrian and bicycle trail and the bridge easement as set forth in the Easement, provided however, that the City has fully complied with the terms and conditions as set forth in the Easement and Protective Covenants affecting the City property located across the Roaring Fork River from Amended Lot 9." In addition language will be included in the Agreement which requires ARFP to keep the trail and bridge flagging in place marking the easements until such time as the property has been purchased by a third party. Language will also be included providing that no vegetation, other than grass and flowers, shall be planted on Parcel B (the bridge and trail easement). STAFF COMMENTS: Staff has negotiated with the representatives of ARFP for three months on this agreement. ARFP has made concessions to the City with regard to the width of the dedicated trail, design and width of the bridge and the use of the City property. As is mentioned in the PUD Amendment memorandum, the ability to construct a trail on the east side of the river will be less costly and more environmentally sensitive than pursuing a trail on the west side of the river. After two years of work on this section of the river the City may soon realize it's goal of another link in the Roaring Fork River trail system. FINANCIAL IMPLICATIONS: This agreement financially impacts the City in several facets: 1. The Agreement states that all survey costs necessary to complete the agreement shall be split equally by both parties. The total amount of the survey costs are $1000.00 and this will be taken from the Parks Department's existing budget. 2. The Parks Department has spent (from 1991-1993) $28,000 thus far on trail planning for this controversial section of the river. This amount will be subtracted from the $32,000 received from the Ute Place Homeowners Association for the encroachment of the dry stacked wall. 3. As part of a previous Planning approval for the Gordon/Callahan PUD/subdivision, the $25,000 that was committed for bridge construction has been lost due to the elimination of the potential development impacts for which the money was requested. However, these funds were never received by the City and were not included in the budget. The PUD/subdivision amendments will eliminate the 4 potential development impacts for which the bridge money was requested. 4. Because of changes in design for the trail and bridge the approximate costs for construction of the bridge and trail from the Benedict Building to Highway 82 is $160,000. Eighty-thousand dollars was carried forward from 1992 projects. The additional $80,000 may be necessary to complete this project. 5. In order to complete the trail to Highway 82, the City is probably going to have to purchase trail easements from the Kastelic Estate and the Anderson family. The County and Parks Association have expressed a strong interest in assisting with the purchase of the Anderson property for a park. The cost of the easements are unknown. 6. Before trail or bridge construction can occur all necessary Army Corps permits must be acquired. In addition, stream margin review will also be necessary. Obtaining all necessary permits and land acquisition may take a year to complete. Staff's goal is to have everything in place to begin work in the fall of '94. The fall is the best time to work in the river because the water is low. ALTERNATIVES: 1. With regard to AGREEMENT item #10 (page 2 of this memo) the Planning and Zoning Commission made a similar request when staff pursued stream margin review for the bridge in the old easement location (down river from the current proposal). The P&Z did not want the bridge installed if a trail could not be connected all the way through private property. In addition, the Army Corps has made it clear that they will not let permits for bridge or trail use in a piece meal fashion. A concern has been raised that if the home is built on the new Lot 9, the property owner may initiate an injunction against building the bridge and trail through their property. Additionally, it would be difficult to build the entire section of trail and bridge in one season and it may be a large financial burden for the City. Please refer to item #13 in the Agreement section of this memo for ARFP's language proposal to assuage Council's concerns that were discussed at the June 28 Council meeting. STAFF RECOMMENDATION: Staff recommends approval of this Agreement. RECOMMENDED MOTION: "I move to approve Resolution 38, Series of 1993, adopting the Agreement between the Aspen River Friends Partnership and the City of Aspen Colorado." 5 CITY MANAGER'S COMMENTS: ATTACHMENTS A. Map of Parcel A and Parcel B B. Resolution 38, Series of 1993 C. Agreement between Aspen River Friends and the City of Aspen 6 // 1/15 / - \ 42 , 800144 .0... -422 -4 Na- . .-,7 4 OB / Â£11 L16- --- N 04Â·50Â·.0 w 49 0 7 0 . --. 67-~------ --~ , n - U 2 6 4 4 9 91 140.u'unvqns BODId ali ] Gordon/Callahc 0 1303.Zid TWAL 810/*316/ j Lot f 0 Lot jf , i WI RESOLUTION NO. 38_ Series of 1993 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING AN AGREEMENT BETWEEN THE ASPEN RIVER FRIENDS AND THE CITY OF ASPEN RELATIVE TO AN EASEMENT FOR THE CONSTRUCTION OF A PORTION OF THE ROARING FORK RIVER TRAIL, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT ON BEHALF OF THE CITY OF ASPEN, COLORADO. WHEREAS, there has been submitted to the City Council an agreement between the Aspen River Friends and the City of Aspen, a true and accurate copy of which is attached hereto as Exhibit "A"; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ASPEN, COLORADO: That the City Council of the City of Aspen hereby approves that agreement between the City of Aspen and the Aspen River Friends relative to a certain easement for the contruction of a portion of the Roaring Fork River Trail, a copy of which is annexed hereto and incorporated herein, and does hereby authorize the Mayor to execute said agreement on behalf of the City of A spen. INTRODUCED, READ AND ADOPTED by the City Council of the City of Aspen on the day of , 1993. John S. Bennett, Mayor I, Kathryn S. Koch, duly appointed and acting City Clerk do certify that the foregoing is a true and accurate copy of that resolution adopted by the City Council of the City of Aspen, Colorado, at a meeting held on the day hereinabove stated. Kathryn S. Koch, City Clerk ATTACHMENT C AGREEMENT This Agreement made this day of June, 1993 by and between THE ASPEN RIVER FRIENDS, a Colorado Partnership, hereinafter referred to ("ARFP"), and THE CITY OF ASPEN, hereinafter referred to as ( "ASPEN" ) . HITHEBBETH WHEREAS, Aspen is the owner of certain real property situated in the County of Pitkin, State of Colorado, more particularly described in Exhibit "A" attached hereto and incorporated herein by this reference, hereinafter referred to as ("Parcel A"), and WHEREAS, ARFP is the owner of certain real property situated in the City of Aspen, County of Pitkin, State of Colorado, more particularly described in Exhibit " B" attached hereto and incorporated herein by this reference, hereinafter referred to as ( "Parcel B"), and WHEREAS, a "Greenway" along the Roaring Fork River was identified as a vital part of the County Masterplan in 1974; and WHEREAS, the Roaring Fork Trail was identified as an important future addition to the trail system in and around the City of Aspen by the Aspen/Pitkin County Trails Master Plan in 1979; and WHEREAS, the City of Aspen adopted the Pedestrian Walkway and Bikeway Plan on September 24, 1990; and WHEREAS, the City Council adopted the Aspen Area Community Plan in 1993 which reaffirms the need to create additional pedestrian and bicycle trails; and WHEREAS, Aspen is desirous of encumbering Parcel A with certain protective covenants and restrictions, ( "Protective Covenants") for the benefit of ARFP, and WHEREAS, ARFP in exchange for the imposition of the aforementioned Protective Covenants and the agreement by Aspen to the other terms and conditions herein is willing to grant Aspen a pedestrian and bicycle public trail easement on Parcel B ("The Easement") as this easement is more fully described and defined herein, NOW THEREFORE, for and in consideration of the mutual covenants contained herein the parties agree as follows: 1) Merchantability of Title to Properties. The parties each warrant to the other as follows: (A) Title to Parcel A Property: Aspen hereby warrants to ARFP that Aspen has, or will obtain within a reasonable time, merchantable title to Parcel A subject only to the exceptions and encumbrances of record, which exceptions or encumberances would not prohibit the implementation or enforcement of the Protective Covenants. (B) Title to Parcel B Property: ARFP hereby warrants to Aspen that ARFP has merchantable title to the Parcel B subject only to the exceptions and encumbrances of record, which exceptions and encumberances would not prohibit the granting of the Easement. (C) Delivery of Title Opinion: On or before August 2, 1993, each party shall cause to be delivered to the other, a title opinion issued by either i) counsel for that party, or ii) by a title insurance company doing business in Pitkin County, Colorado, that the title to the parcel described in the opinion is vested in fee simple in that party. In the event the title opinion indicates that title is not vested in fee simple in the other party, or if said opinion indicates that the acts contemplated in this agreement cannot be performed, the party whose property is reported as being non-merchantible shall immediately institute and diligently prosecute all such steps, including but not limited to a quiet title action, at its expense, as may be necessary to vest title to it in the property which it purports to own. This obligation shall survive the closing and delivery of any documents hereunder. 2) Documents. The parties shall execute and deliver the following documents and/or instruments in recordable fashion on or before the date set forth in Paragraph 3 below: 2 (A) Aspenls Documents and Instruments: Aspen shall execute and deliver to ARFP the Protective Covenants for the benefit of ARFP, in a recordable form, encumbering Parcel A with such Protective Covenants. In the event it is determined, pursuant to Paragraph 1 above, that all of Parcel A is not vested in Aspen at this time, Aspen agrees that upon the completion of any action required to vest Parcel A in itself to re-record the Protective Covenants so as to insure ARFP that all of Parcel A is encumbered by the Protective Covenants. This provision shall survive the delivery of any documents hereunder by ARFP. (B) ARFP's Documents and Instruments: ARFP shall execute and deliver to Aspen the Easement for the benefit of Aspen, in a recordable form, granting to Aspen a public trail easement for the use of Parcel B upon the terms and conditions set forth herein. (C) Additional Documents and Instruments: The parties shall deliver such other and further documents that are necessary to effect the intent of this agreement. 3) Date of Delivery of Documents. The parties agree that they shall consummate this transaction on the date of the recordation of the Amended Plat of the Gordon/Callahan Subdivision, as hereafter discussed, which date shall not be later than August 1, 1993. In the event that this transaction has not taken place by August 1, 1993, either party may upon written notice to the other party terminate the agreement. The parties agree to utilize their best efforts to complete the conditions precedent set forth herein in a timely fashion. At that time, the parties hereto shall execute all documents and perform all acts necessary to consummate the transactions contemplated herein. 4. Terms and Conditions of the Protective Covenants Upon Parcel A. Aspen and ARFP agree that Parcel A shall be encumbered with Protective Covenants and for the benefit of ARFP as follows: (A) That Parcel A shall be kept in its current natural state, and that no other structures, improvements or trails of any kind shall be allowed thereon, except that i) ARFP shall have the right, at its cost and expense, to remove dead vegetation on Parcel A, and to plant indigenous plants and trees on Parcel A. Any such removal or planting shall only be done with Aspen's approval, which approval shall not be unreasonably withheld, and with the consent of any other governmental agency which has jurisdiction over the portion of Parcel A to be effected by any removal or planting, and 3 ii) That Aspen shall have the right to have a non- vehicular/non-bicycle pedestrian dirt walking path on Parcel A consisting of: a) the existing pedestrian dirt path of approximately two (2) feet to three (3) feet in width presently located on a portion of Parcel A; and b) from the northern end of the existing pedestrian path, that portion of Parcel A which may be used for the pedestrian purposes shall be approximately two (2) to three (3) foot wide dirt path of the same profile and width as the existing path; and The centerline of the existing dirt path and the proposed dirt path is as stated on Exhibit "C" attached hereto and incorporated herein by this reference. This legal description shall be incorporated into the documents to be executed pursuant to Paragraph 2 hereof. It is the parties agreement that the existing pedestrian path shall not be expanded in any manner and that, once constructed, the new path shall not thereafter be expanded in any manner. This agreement shall be incorporated into the documents to be executed pursuant the Paragraph 2 hereof, and iii) That Aspen shall have the right to allow fishermen to use that part of Parcel A which is east of westerly boundary of the path defined in Paragraph 1 above, as is also shown on Exhibit "C". (iv) That Aspen shall have the right to make improvements to the existing Wheeler Ditch structures on Parcel A, including but not limited to headgates, culverting and a foot bridge of no greater than two (2) feet in width. These Protective Covenants shall further provide that the beneficiary thereof shall have the right to injunctive relief, as well as all other legal and equitable remedies available to it in order to enforce the Protective Covenants. 5. Terms and Conditions of Easement Grant by ARFP. ARFP and Aspen agree the Easement to be granted to Aspen on Parcel B shall be granted upon the following terms and conditions: (A) The easement shall be a total of twelve (12) feet in width. A maximum of eight (8) feet of this width shall be a brown tinted concrete only paved bicycle path to match native vegetation. This tint shall be Concrete Products Colors #306 4 as made by Solomon Grand Chem Service, Inc. or equal. The remaining four (4) feet of the easement shall be an unpaved pedestrian path on the left and right side of the concrete bicycle path. The west side shall have a two (2) foot wide four (4) inch, three-eighths (3/8th) gravel shoulder, back filled flush with the edge of the concrete trail. The east side shall be a two (2) foot wide shoulder back filled with top soil with a finish grade to be flush with the concrete edge and seeded with native grasses. (B) Aspen shall have the right to construct a bicycle and pedestrian only bridge ten (10) feet in width (as measured from inside of the railing to the inside railing) at the eastern end of Parcel B, and Aspen and ARFP further agree that the design of the bridge including the alignment, the bridge and the bridge abutments, including but not limited to materials and finish, as well as any stream bank cuts, vegetation, alterations and proposed re-vegetation of the terminus of the bridge at Ute Children's Park and its connection to the existing bicycle path in Ute Children's Park shall be as shown in Exhibit "D" attached hereto and incorporated herein by this reference. (C) Aspen shall have the right to place a sign on both ends of Parcel B indicating the uses to which the bicycle path and the pedestrian path may be put, and (D) Although the Easement is for bicycle and pedestrian purposes only, motorized vehicles shall be allowed on Parcel B, after construction, if such vehicles are either, i) necessary for maintenance purposes; or ii) necessary for emergency purposes; or iii) motorized wheelchairs, and (E) In order to complete the construction of the bicycle path and the bridge, ARFP shall also grant to Aspen temporary construction licenses on its other real property as follows: i) fourteen (14) feet in width across Lot 9 of the Gordon/Callahan Re-Subdivision in such location as is selected by ARFP reasonably calculated to permit construction vehicles access to Parcel B, and ii) four (4) feet in width along the length of Parcel B for access and construction of the new bicycle path and bridge on Parcel B, 5 iii) a staging area as defined on Exhibit "E" attached hereto and incorporated herein by this reference. iv) all of these licenses shall be subject to the following conditions a) that Aspen shall give the owner of amended Lot 9 of the Gordon/Callahan Subdivision written notice of the commencement of construction at least thirty (30) days prior thereto, and b) that Aspen shall fence the staging area with at least a staked wooden snow fence prior to the, or simultaneously with the commencement of construction, which fence shall be removed when construction is completed or suspended on account of terms hereof; and c) that Aspen may use the temporary licenses for no more than six (6) consecutive months; and d) that Aspen may not use the temporary licenses in any manner, nor perform any construction upon Parcel B during the period from December 1 through April 1; and e) Aspen,upon the completion of construction, agrees to re-vegetate, all of the areas temporarily licensed hereunder, and any other areas, if any, of ARFP's property which may be disturbed during the contemplated construction, to a state commensurate with the surrounding portions of ARFP property outside of Parcel B. f) ARFP is unaware of any reason which would prohibit Aspen from utilizing Crystal Lake Road and Centennial Circle for its construction activities as contemplated herein. (F) Aspen agrees that no healthy trees of any size shall be removed in the areas granted for construction licenses in (E) above, and further that it shall replace any healthy tree removed or destroyed within Parcel B itself with a similar healthy tree of like kind and size, in the location immediately off of Parcel B directly parallel to the location of any tree removed or destroyed within Parcel B. 6) Conditions Precedent to A.R.F.P. Obligation to Grant Easement: The following conditions shall be deemed to be conditions precedent to the obligations of ARFP to grant the easement referred to in Paragraph 5 above. (A) That the Protective Covenants referred to in Paragraph 4 above shall be imposed on Parcel A; and 6 (B) That the Gordon/Callahan Re-Subdivision Plat and P.U.D. Subdivision Agreement recorded in Book 637 at Page 137 (and re-recorded in Book 638 at Page 88) of the records of Pitkin County be amended so that: i) Lots 2A, 2B, and 2C thereon are eliminated and consolidated into Lot 9, and ii) that the building envelope on consolidated Lot 9 be increased in size in a manner satisfactory to ARFP to allow for the construction of a single family home with an allowable floor area, as the floor areas were defined on January 9, 1991 in the Aspen Municipal Code, of 8500 square feet, which may include an accessory dwelling unit of the minimum required area, all as defined by the Aspen Municipal Code, if deemed necessary by ARFP. It is recognized that Subparagraphs (i) through (ii) above are part of an amendment application filed by ARFP with Aspen on February 26, 1993, and (C) That Aspen agrees that the expanded building envelope described above may be graded prior to the submission of a building permit application for improvements to be located upon consolidated Lot 9, subject to the obligation of ARFP to deliver to Aspen a plan for preventing any storm run-off caused by said grading from entering the Roaring Fork River prior to the commencement thereof, and (D) That the amendment of the Plat for the Gordon/Callahan Re-Subdivision in all respects is approved, as are requested in ARFP's application filed on February 26, 1993 and all amendments thereto upon conditions satisfactory to ARFP, and (E) That the bicycle easement presently existing within the Ute Place Subdivision be modified to an unpaved pedestrian only path of three (3) feet in width, which shall align with and join to the existing pedestrian and utility easement between Lot 8 and Lot 9 of the Calderwood Subdivision. The exact location of the unpaved pedestrian only path of which shall be discussed by Aspen, the Gant Condominium Association and the Ute Place Home Owner's Association, provided however that the ultimate location shall be determined by Aspen. Aspen, however, agrees that the alignment of path referred to herein shall be along the westerly boundary of Lot 10 Ute Place Subdivision adjacent to the existing Calderwood wooden fence, if the owner of Lot 10 Ute Place Subdivision moves any trees or plantings which would obstruct the alignment of this path as contemplated herein. 7) Conditions Subsequent: Aspen agrees that it shall not construct either the bicycle path or the bridge on Parcel B, as are referred to herein unless and until it presents to ARFP and the owner of amended Lot 9, Gordon/Callahan Subdivision, written 7 evidence, reasonably satisfactory to these entities, that it has obtained all easements and permits, including, but not limited to all permits required from the Army Corps of Engineers, necessary to construct and connect a bicycle and pedestrian path from the existing Benedict Building to either a comparable paved public bicycle trail, a minimum of eight (8) foot wide paved public right of way, or an improved public park. Further, Aspen agrees that it shall diligently prosecute and obtain title to all of Parcel A, whether by quiet title or by condemnation, and that it shall thereafter cause the Protective Covenants to be re-recorded or take such other actions as are necessary to evidence the encumberance of all of Parcel A with the Protective Covenants. The conditions subsequent shall survive any closing hereunder and shall inure to the benefit of ARFP and any subsequent owner of Amended Lot 9 Gordon/Callahan Subdivision. 8) Conditions Precedent: The completion of all of the conditions and obligations set forth herein shall be conditions precedent to the parties obligations hereunder. 9) Additional Covenants of Each Partv: Each party, as amplification of the covenants otherwise contained herein, and not in derogation thereof, hereby covenants with the other, to do, execute, and deliver whatever further acts, transfers, assignments, conveyances, or assurances as the other party may reasonably require for in order to complete the transaction contemplated by the parties pursuant to the agreement. 10) Brokerls Commission: Each party represents to the other that no person, firm, or corporation, has been engaged by any party to this transaction. In the event any party has engaged, on its own behalf, a real estate broker not disclosed herein, such party hereby covenants with the other to pay such broker any commission demanded by such broker or to, at its expense, defend, hold harmless, and indemnify the other party against any suit or action brought by such undisclosed broker, which covenants shall include, but not be limited to, the payment of all costs, judgments,and attorneys fees, both at trial or upon appeal. 11) Notices: Any notice by any party to the other in connection with this Agreement shall be deemed to have been fully given when written and deposited in a sealed envelope with the United States Postal Service as certified mail with postage prepaid, and addressed to the party to receive the same at the address shown in this agreement, or when deposited in a sealed envelope addressed to the party to receive the same at the address shown in these instructions with a private overnight air carrier, or when dispatched by means of telefax communications to the party to receive the same at the address shown in this agreement. Any party may change its address by giving the other party written notice of the new address in the manner specified herein. 8 12) Binding Effect: This Agreement shall inure to the benefit of, and be binding upon, the heirs, administrators, executors, personal representatives, successors in interest, and assigns of the respective parties hereto. 13) Iniunctive Relief and Attorney Fees: In any suit or action between the parties arising out of, or in connection with, any of the terms, covenants or provisions of this agreement, the Easement, or the Protective Covenants, the prevailing party in such suit or action shall be awarded, in addition to any equitable relief, or damages, or both, and costs as provided by law, reasonable attorneys fees at trial and on appeal. This provision shall extend to and apply to a suit or action in which the issue may be whether the terms, covenants, and provisions of this Agreement are enforceable or null and void. This provision shall, therefore, be, and is hereby expressly declared by the parties hereto to be, severable from all terms, covenants, and provisions of this Agreement, and furthermore this provision shall be incorporated into the Protective Covenants and the Easement to be executed pursuant hereto. Furthermore, both parties recognize that damages alone are not an adequate remedy for any breach of the covenants and conditions contained in this agreement or any covenants or conditions which may contained in any conveyance arising out of the agreement and, therefore in addition to all other remedies an aggrieved party may seek injunctive relief to enforce the provisions hereof or of any conveyance contemplated herein. 14) Headings: The headings contained in this Agreement are for convenience only and are not to be construed as part of this Agreement. 15) Construction: Each and every provision of this Agreement shall apply equally to each exchange property as the circumstances may require. This Agreement shall not be construed against the party paying for this preparation, but shall be construed as if all parties hereto prepared them. This Agreement may be amended only in writing signed by all parties hereto. 16) Provisions to Survive Closing: The provisions hereof, including but not limited to all covenants and conditions shall survive the closing hereunder and shall not be extinguished thereby. 17) Closing Costs, Documents and Services: Each party shall pay their respective closing costs at closing except as otherwise 9 MAY 20 '93 09:26 WHF- NR SQ LAW APEEN P.16/15 provided herein. Each party shall sign and complete all customary or required documents at or before closing. Fees for real estate closing, settlement services and all survey costs necessary on account of this agreement shall be paid at closing by the parties equally. 18) Default: Time is of the essence hereof, and if any payment or other condition hereof is not made, tendered or performed by either of the parties hereto as herein provided, then this agreement, at the option of the party who is not in default may be terminated. In the event of such termination, the non- defaulting party may recover such additional damages as may be proper. In the event, however, the non-defaulting party elects to treat this contract as being in full force and effect, the non- defaulting party shall have the right to an action for specific performance and damages. 19) Counterparts: This Agreement may be executed in counterparts, all of which when taken together shall constitute an original document. 20) Applicable Law: This Agreement shall be construed in accordance with the laws of the State of Colorado and the venue for any action arising hereunder shall be exclusively in the District Court in and for the State of Colorado, sitting in Pitkin County, Colorado. 21) Entire Agreement: This Agreement constitutes the entire agreement between the parties and all prior negotiations are merged into this Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and year first above written. THE ASPEN RIVER FRIENDS, a CITY OF ASPEN Colorado Partnership THE PETER C. MEINIG REVOCABLE TRUST, GENERAL PARTNER By: u~ O tFU By: Peter C. Meinig, TrugFEe 4/ 10 MAY 20 '93 11:30 PAGE.016 MAY PA '93 89:28 WH R 961 1 Aid APFFN P1/1 STATE OF COLORADO ) ) SS. COUNTY OF PITKIN ) The foregoing Agreement was signed before me this 0 0 day of Ale,u-, 1993 by The Peter C. Meinig Revocable Trust, General Partn@2- Peter C. Meinig, Trustee FOR.THE ASPEN RIVER FRIENDS, a Colorado Partnership. Witness my hand and o ff icial seal. My Commission Expires: gr- 10-QU A Nola,y Publlc LJ LJ STATE OF COLORADO ) ) SS. COUNTY OF PITKIN ) The foregoing Agreement was signed before me this day uf , 1993 by for the CITY oF ASPEN. Witness my hand and official seal. My Commission Expires: Notary Public 11 MAY 20 '93 11:31 PAGE.001 LIST OF EXHIBITS Exhibit "A" : Legal Description of City of Aspen Property (Parcel A) Exhibit "B" : Legal Description of ARFP Property (Parcel B) Exhibit "C" : Map of general location of pedestrian path on Parcel A Exhibit "D" : Plans, specifications, pictures of approved Bridge Design and Trails Exhibit "E" : Map showing Construction Staging areas and Temporary Access over Amended Lot 9, Gordon Callahan Subdivision c:\wpfiles\frd\afrpcle2.agr 12 DEPARTMENT OF THE ARMY ' U.S. ARMY ENGINEER DISTRICT, SACRAMENTO CORPS OF ENGINEERS 1325 J STREET SACRAMENTO, CALIFORNIA 95814-2922 REPLY TO ATTENTION OF June 14,1993 Regulatory Section Mr. David Behrhorst 1235 Riverside Drive Aspen, Colorado 81611 Dear Mr. Behrhorst: I am responding to your request for a jurisdiction determination for Lot 2 C, in the Gordon/Callahan Subdivision, Aspen, Colorado. This property is located along the Roaring Fork River in the City of Aspen, Pitkin County, Colorado. Based on a site inspection by Mr. Michael Claffey of this office on May 21, 1993, we have determined that the wetland boundary delineated by Aquatic and Wetland Consultants was accurate with minor revisions. Those revisions were made in the field during the site inspection. The plan referenced below is an accurate depiction of the limits of Federal jurisdiction the property in question. The plans are labeled: Final Wetland Map, by Aquatic and Wetland Consultants, Inc., Sheet 2 of 3, Date 6/1/93, Scale 1"=50'. This verification is valid for a period of two years from the date of this letter and is based on information supplied by you or your consultant. If that information proves to be false or incorrect, we will adjust our determination accordingly. If you have any questions regarding this matter, contact Mr. Michael Claffey at (303) 243-1199., Sincerely, f ! i 3. \ lit . 1 trady44. MONure Chi'ef, pestern Colorado Regulatory /Office 402 Rood Avenue, Room 142 Grand Junction, Colorado 81501-2563 18-C The AJ_.' Times, Saturday-Sunday, July 17-18.1993 Public Notice PUBUC NOTICE the accessory dwelting unit, to 8,500 square which hearing a public notice of the same shall RE: RUFFIN CARETAKER DWELLING UNIT feet. be published in a newspaper of general circula- REVIEW 5. All representations that the applicant has tion within the City of Aspen. NOTICE IS HEREBY GIVEN that a public hearing made regarding this amendment shall be INTRODUCED, READ AND ORDERED PUB- will be held on Tuesday, August 24, 1993 at a adhered to during any development. LISHED as provided by law, Special meeting to begin at 5:00 p.m. belore the 6. All water, sewer, gas, electric, telephone and by the City Council 01 the City of Aspen on the Board of County Commissioners, District CATV connections will be the responsibility of 12th day of July, 1993. John Bennett, Mayor Courtroom, 506 East Main Street, Aspen to con- bwner 01 new Lot 9 at time of a building permit. Attest: Kathryn S. Koch, City Clerk sider an application submitted by Edmund Ruf- 7. Al! landscaping will be by the owner of new FINAUY, adopted, passed and approved this lin requesting approval of an existing 385 Lot 9 except for improvements which may be 12th day of July, 1993. square foot unit as a Caretaker Dwelling Unit. constructed by the applicant described in con- John Bennett. Mayor The property is located at 0182 Doc Henry dition #1. Attest: Kathryn S. Koch, City Clerk Road, Woody Creek, Section 9. Township 9 8. Construction scheduling will be at the dis- Published in the Aspen Times July 16,1993. South, Range 85 West of the 6th P.M. For fur- cretion of the applicant or assigns. ther information contact Ellen Sassano at the 9. Costs for necessary public facilities related Aspen Pitkin Planning Office, 920-5098. to construction of the single family home shall s/Bill Tuite Chairman be borne by the applicant. Board of County Commissioners 10. Prior to the issuance 01 any building per- Published in The Aspen Times on July 16, 1993. -_ mits, a deed restriction for the accessory 1 dwolling unit shall be approved by the Housing PUBUC NOTICE Authority and recorded with the Pitkin County NOTICE IS HEREBY GIVEN to the general public Clerk and Recorders Office with proof of recor- of the approval of a site specific development dation to the Planning Department. The deed plan, and the creation 01 a vested property restriction shaH state.,that the accessory unit right pursuant to Title 24, Article 68, Colorado meets the housing guidelines for such units, Revised Statutes, pertaining to the following , meets the definition of Resident Occupied Unit, described property: and if rented, shall be rented for periods of six a 2.4 acre parcel located adjacent to the Aspen months or longer. Club Subdivision off of Centennial Circle, City 11. The Agreement between the City and Aspen ot Aspen, Pitkin County, Colorado Rive: Friends shall be closed in order to vali- ORDINANCE NO. 23 date this PUD/subdivision amendment and (SERIES OF 1993) rezoiling. AN ORDINANCE OF 1 HE ASPEN an COUNCIL Section 3: Pursuant to Section 2+7-1102 of the GRANTING REZONING FROM R-15 (PUD) MOD- Municipal Code, the Clty Council finds the fol- ERATE DENSITY RESIDENTIAL TO RR (PUD) lowing with regard to the zoning map amend- RURAL RESIDENTIAL A SIJBSTANTIAL AMEND- ment component of the application: MENT TO THE FINAL PUD/SUBDIVISION PLAN 1. The proposed zoning amendment as set FOR THE GORDON/CALLAHAN PUD AND SUB- forth in the application is not in conflict with DIVISION, AND VESTED RIGHTS STATUS FOR A the provisions of Chapter 24 of the Municipal 2.4 ACRE PARCEL LOCATED ADJACENT TO Code or the Aspen Area Community Plan. THE ASPEN CLUB SUBDIVISION OFF OF CEN- 2. The proposed zoning amendment is compati- TENNIAL CIRCLE, CITY OF ASPEN, PITKIN ble with the surrounding zone districts and COUNTY, COLORADO. land uses. WHEREAS, in 1990 the Gordon/Callahan subdi- 3. The proposed zoning amendment will not vision and final PUD development was adversely impact traffic generation or road approved by the City Council; and safety when taken into consideration with the WHEREAS, the PUD/subdivision plan included amendments to the final PUD/subdivision. 4 single family lots, 2A, 28,2C and 9 and a lot 4. The proposed zoning amendment will pro- line adjustment between lots 8 and 9; and mote the public interest and character of the WHEREAS, the Aspen River Friends (ARF) have City of Aspen. purchased the Gordon/Callahan subdivision Section 4: Pursuant to Section 24-7-1102 and and have submitted an application to amend 24-7-1103, and Division 3 of Article 5 01 Chapter the PUD/subdivision development plan, to 24 of the Municipal Code, and findings set forth rezone the property from R-15 PUD to RR PUD in Section 2 above, the City Council does grant and vest their development rights; and the following amendment to the Official Zone WHEREAS, the applicant, ARF, proposes to District Map and does designate the following reduce the number of single family parcels zone district for the development subject to from four to one single family parcel, dedicate the conditions as specified below: a trail easement for pedestrian and bikes, 1. The 2.4 acres of the Gordon/Callahan restrict the size of the single family home to PUD/subdivision shall be rezoned to Rural Res- 8,500 square feet of allowable floor area, elimi- idential PUD. nate the retaining wall along old parcels 2B, 2A, 2.11 the amendment to the final PUD/subdivi- and 9, modify the building envelope and ditch sion plan is rendered invalid, this rezoning alignment of old lot 20 for the new single family shall also be held invalid because the minimum parcel, retain one of the four previously lot size per dwelling unit (2 acres) shall be non- approved accessory dwelling units, and vacate conforming. the 30 foot access and utility easement across Section 5: All material representations and old lots 9 and 2A: and commitments made by the developer pursuant WHEREAS, two -transter of development to the amended PUD/subdivision plan rights" that were to be originally applied to the approvals as herein awarded, whether in pub- Gordon/Callahan PUD/subdivision shall be lic hearing or documentation presented before retained by the applicant (ARF) to be used the Planning and Zoning Commission and or elsewhere [or future City Council, are hereby incorporated in such development purposes; and plan development approvals and the same WHEREAS, the applicant also proposes to shall be complied with as if fully set forth here- rezone the property from R-15 PUD to RR PUD in, unless amended by other specific condi- because the minimum lot size for the RR zone tions. district is 2 acres, RR is compatible with the Section 6: The Official Zone District Map for the amendments to the final PUD/subdivision City of Aspen, Colorado, shall be and is hereby development plan to reduce the subdivided amended to reflect the rezoning action as set parcels [rom four to one lots, and a public trail forth in Section 4 above and such amendment â€¢ easement Is being dedicated; and shall be promptly entered on the Official Map WHEREAS, the Planning and Zoning Commis- in accordance with Section 24-5-103 B. of .... sion reviewed the development proposal in Municipal Code. accordance with those procedures set forth at Section 7: Pursuant to Section 24-6-207 of the Section 24-6Â·205(A)(8)(c) of the Municipal Code Municipal Code, the City Council does hereby and did conduct a public hearing thereon on grant the applicant vested rights for the April 20, 1993; and amended Gordon/Callahan PUD/subdivision as WHEREAS, upon review and consideration of follows: the amendments and rezoning, agency and 1. The rights granted by the site specific devel- public comment thereon, and those applicable opment plan approved by this Ordinance shall standards as contained in Chapter 24 of the remain vested lor three (3) years from the date Municipal Code, to wit, Division 9 01 Article 7 of final adoption specified below. However, any (Planned Unit Development) and Division 11 of lailure to abide by the terms and conditions Article 7 (Zoning Map Amendments), the Plan- attendant to this approval shall result In forfel- ning and Zoning Commission has recommend- ture of said vested property rights. Failure to ed approval of the Gordon/Callahan PUD/sub- timely and properly record al] plats and agree- division amendments and rezoning subject to ments as specified herein and or in the Munici- conditions, to the City Council; and pal Code shall also result in the forfeiture of WHEREAS, the Aspen City Council has said vested rights. reviewed and considered the Plan under the 2. The approval granted hereby shall be sub- applicable provisions of the Municipal Code as ject to all rights of referendum and judicial identified herein, has reviewed and considered review. those recommendations and approvals as 3. Nothing in the approvals provided in this granted by the Planning and Zoning Commis- Ordinance shall exempt the site specific devel- sion, and has taken and considered public opment plan from subsequent reviews and or comment at public hearing; and approvals required by this Ordinance or the WHEREAS, the City Council finds that the Plan general rules, regulations or ordinances or the meets or exceeds City provided that such reviews or approvals all applicable development standards and that are not inconsistent with the approvals grant- the approval of the Plan, with conditions, is ed and vested herein. consistent with the goals and elements of the 4. The establishment herein of a vested proper- Aspen Area Community Plan; and ty right shall not preclude the application of WHEREAS, the City Council finds that this Ordi- ordinances or regulations which are general in nance furthers and is necessary lor public nature and are applicable to all property sub- health, safety, and welfare. ject to land use regulation by the City of Aspen NOW, THEREFORE, BE IT ORDAINED BY THE including, but not limited to, building, fire, CITY COUNCIL OF THE CITY OF ASPEN, COL- plumbing, electrical and mechanical codes. In ORADO as follows: this regard, as a condition of this site develop- Section 1: Pursuant to Section 24-7-907 B. of the ment approval, the developer shall abide by Municipal Code, and subject to those condi- any and all such building, fire, plumbing, elec- tions of approval as specified hereinafter, the trical and mechanical codes, unless an exemp- City Council finds as follows in regard to the tion therefrom is granted in writing. amendments of the final Planned Unit Develop- Section 8: This Ordinance shall not effect any ment plan: existing litigation and shall not operate as an 1. The Developers amendment to the final plan abatement of any action or proceeding now submission is complete and sufficient to afford pending under or by virtue of the ordinances review and evaluation lor approval. repealed or amended as herein provided, and 2. The amendment to the final PUD plan is con- the same shall be conducted and concluded sistent with or an enhancement of the under such prior ordinances. approved final development plan. Section 9: If any section, subsection, sentence, Section 2: Pursuant to the findings set forth in clause, phrase, or portion of this Ordinance is Section 1 above, the City Council grants a sub- for any reason held invalid or unconstitutional stantial amendment to the Final PUD develop- in a court of competent jurisdiction, such por- ment plan approval for the Gordon/Callahan lion PUD/subdivision subject to the following condi- shall be deemed a separate, distinct and inde- tions: pendent provision and shall not affect the 1. Prior to construction of various driveway validity of the remaining portions thereof. and entry landscape features and excavation of Section 10: The City Clerk shall cause notice of a partial envelope pad the applicant shall this Ordinance to be published in a newspaper receive an earth moving permit (to be amend- of general circulations within the City of Aspen ed for City applications) from the Aspen/Pitkin no later than fourteen (14) days following final County building department. adoption hereof. Such notice shall be given in 2. If the applicant chooses to construct partial the following form: improvements pursuant to condition #1, storm Notice is hereby given to the general public of runoff exposed to excavated material shall be the approval ot a site specific development maintained on site and shall not be permitted plan, and the creation of a vested property to drain to the Roaring Fork River. A drainage right pursuant to Title 24, Article 68, Colorado plan shall be approved by the City Engineer Revised Statutes, pertaining to the following prior to the Issuance of the earth moving per- described property: mit. The property shall be described in the notice 3. Prior to filing, the amended plat shall be and appended to said notice shall be the ordi- reviewed and approved by the Engineering and nance granting such approval. Planning Departments. Section 11: That the City Clerk is directed, 4. The applicant shall file with the Pitkin Coun- upon the adoption of this ordinance, to record ty Clerk and Recorder an amended PUD plat a copy of this ordinance in the office of the and PUD agreement within 180 days of final Pitkin County Clerk and Recorder. approval or the approval as rendered herein Section 12: A public hearing on the Ordinance shall become invalid. The amended plat and shall be held on the Â· day of - , 1993 at 5:00 in agreement shall include language restricting the City Council Chambers, Aspen City Hall, the allowable floor area of the parcel, including Aspen Colorado, fifteen (15) days prior to lassified Ads Real Estate Vehides Motorcydes araw araikp Forsak FOUR BEDROOM home on 2+ acres 1971 MGB IN VERY Good condition. 1985 HONDA XR100. Excellent con- up Cattle Creek. Privace, views, two Silver, great town car. $2500. 925- dition. $600. Lee 963-2708 or 925- 5753. (7/6-21:28-290 3703 (7/14-16,29cc) 1976 ELDORADO CONVERTIBLE: bronze, white top. Mint condition. 1986 HONDA XR600: w/supertrap. 25,000 miles. $12,500. 925-1659 New top end/real tire. Excellent con- (7/13-16,29p) dition. $1400. OBO. Paul 927-4585 1976 K5 BLAZER 400.88,000 miles. (7/13-15; 29p) Many extras. $2500. 925-9370, 1986 HUSQVARNA PERFECT condi- leave message. (5/28,23tfc) tion. $1700. 925-6425 (7/9-15;29p) 1977 BMW 630 CSi, immaculately re- 1987 HUSQVARNA 510 ENDURO, stored, dark metallic blue, 74,000 mi, leather, 6 speaker stereo, four stroke water cooled engine. $10,000/obo. 925-6866 (7/13,29rts) Very fast and reliable. $1850. 963- 2643. (7/12-14:29cc) 1978 TOYOTA LANDCRUISER, Ex- cellent condition. $5000. 927-3477. 1989 SUZUKI KATANA 750: new in (7/1-7:27cc) 1991. Excellent condition. $2900. 1979 CHEVY LUV: 4x4, pick-up, OBO. Must sell 923-4983 Leave mes- 72k. Runs & drives great. Meehan- sage. (7/13-16;29p) ically sound. $1700. OBO. 923-4225 1990 YAMAHA VIRAGO, 535cc cus- (7/14-20:292) tom leather 4,300 miles. Daniel Bam- 1979 MERCEDES 450 SLC, WHITE en, 925-2700. (7/12-16:29* With red leather interior. CD, two sets of tires, 105,000 miles. 1993 HONDA XR600: 150 miles. Per- $12,000. Serious inquiries only. 925- fect condition. $4000. Eves. 984- 1471, or 920-1333, (7/14-20:29* 2031 (7/8-15,29cc) 1979 WAGONEER. GOOD transpor- RENT-A-HARLEY! 379-0699, cellular tation. Two owners. Emissions sticker. 89,000. $2900. 925-7640. phone. 1/2 daL daily or weekly. 7/9- (7/8-14;28p) 15:29p) 1980 VW WESTFALIA CAMPER, AN the toys, priced to sell. $2900. negetiuonal Steve, 920-2101. (7/14-20:292) Whkks 1981 Range Rover 1984 27' WINNEBAGO CHIEFTAIN: White, two door. 70,000 miles. 4- Excellent condition. Self contained. spd, good condition. $6750/ obo. Extras. $19,000 obo. 963-9294. 927-3384,925-5625. (7/15-21:29cc) (7/8-14:29cc) Boats 1982 CLASSIC RIVIERA Convertible. A real beauty. $8900.927-3689. For Safe (7/14-20:29cc) 1984 TOYOTA LANDCRUISER, 17 1/2' 1988 SKI/ BASS Boat. Open Beige, 66K miles, mint condition. bow/ 110 H.P. Johnson engine. Ex- $8600. 927-4839. (7/9-15.29p) tras. $10,500. Jim 920-2777, 927- 1985 HONDA 4-door, AM/FM cas- 9784. (7/8-21:28-29cc) sette, A/C, 8 tires, $2950. 925-2231. 1979 23' STUERY HOUSEBOAT; -=17/14-16:29p) 235 OMC outboard., $11,000. 927- 1985 JEEP CHEROKEE 4WD, V6 5- speed. 92,000 miles. $3000.923- 4332 (7/13-30; 29-30cc) 2358. (7/7tf:28tfc) Rl:#-O,/011.--â€¢... Ivilbuelldl Xvub 1986 CHEVY CELEBRITY, front wheel drive ,4 door, 65,000 miles, a/c, am/fm cassette, 4 speakers, ForSWe set up for towing, rear-load springs & transmission oil cooler, $3,200. 963- 3 KARAT, HEART Shaped Diamond 9471 (7/14-7/16,29cc) engagement ring. 1/2 karat bagets 1987 VOLKSWAGEN JETTA: 5- on either side of large diamond. Total speed, 4-door, sunroof, power wind- 3 1/2. $10,000. Appraised. 920- ows/locks, grey, $4600. 920-3305( 4994. (6/30-7/16:27-29p) 7/9-15;29p) 8MM VIDEO CAMERA, Olympus VX 1988 FORD BRONCO II: black, 4X4, 802 compact, all features, like new, 35,000 miles. $8500 OBO 920-4893 extra batteries, travel case. $450. 3 (7/14-8-2,29* Greg, 920-9588. (7/13-19:29cc) 1988 HONDA CIVIC 4-door, blue LX t sedan. Power windows, locks, AWNINGS: FOREST green colored ' brakes. steering. 5-speed. Excellent awnings with metal frames. One: condition. Meticulously maintained, 30"W, 26"H, 84"L. One: 30'W, all records. 36,000 miles. Great 26"H, 881. One: 30"W, 26"H, 811. mountain car. Thule roof rack + 4 $75 each. Call Brent at 925-2122. studded tires.$6800.925-5366 (7/14-20:29c) 1989 TOYOTA 4x4 pickup, *w mile- age, clean, $7,995. call, 963-3885 Carbondale Mtn. Fair (7/14-7/20,29ec) Booth Space 1990 GEO STORM 34,000 miles. $6000.925-6425 (7/9-15;29p) Prime location on Main Street di- 1990 JEEP CHEROKEE Limited. rectly across from Sopris Park. July 23,24, & 25. Call 963-9346, Gray Exterior and leather interior. eve. best. 59K, four extra rims with tires. $17,750. 927-4755. (7/15-22:29c) (7/14-22; 29p) , 1990 TOYOTA LANDCRUISER: one owner, very clean. $19,500. 945- CARDBOARD BOXES 11 x 17x12" . 2900. 47/12-16,29* Ideal for packing and moving. 25Â¢ 1990 VOLVO, 16 VALVE, SW, 36K, each. Call 920-2098. (htfc) - fully loaded, leather seats, A/C, sun * roof, 5 speed, includes snow tires on CUSTOM MADE . extra set of wheels, perfectly main- FLY RODS 1 tained, the safest car on the road. v $15,000.925-6938. (7/14-21 cc) Sage, Loomis, Powell, etc. I 1991 CORVETTE: SACRIFICE, Steel Custom made at or below retail 3 Blue, new $38,000. Now $27,000. In- cludes 100,000 mile warranty. 920- If you're a serious fisherman, ' 4994. (6/30-7/16:27-29p) come see my rod collection at 1991 HONDA CIVIC 4x4 wagon, red, The Aspen Sports Fly Shop 4 door, 40,000 miles, am/fm cas- (at The Ritz) sette, $10,000. 963-9471 Todd : Motorcycies 544-0521 (local number) ar Sae EVERYONE WHO IS ANYONE in 1 1976 TRIUMPH BONNEVILLE 750. Aspen wears a sterling silver bell - Runs Rough. $1000 cash. 963-2643. buckle handmade by Jim Hayes. (7/12-14:29cc) 925-7127. (45tfc) ac CITY OF ASPEN City Attorney's Office 130 South Galena -'--- rp'R 71 1\ ' : I .1 Aspen, Colorado 81611 1 1 it (303) 920-5055 1 MEMORANDUM -16/ \ _ TO: Mayor and Members of Council ----1~ /1. t FROM: John p. Worcesterâ‚¬y"Of DATE: June 28, 1993 RE: Aspen River Friends Agreement - Council Meeting Agenda Item VIII(a) After Council's packet for this evening's City Council meeting was distributed, two members of Council suggested that they would like to see additional language in the proposed agreement between the City and ARFP. The concern is that the agreement as currently proposed prevents the City from constructing the trail upon ARFP's land until such time that "it presents to ARFP and the owner of amended Lot 9, Gordon/Callahan Subdivision, written evidence, reasonably satisfactory to those entities, that it has obtained all easements and permits, including, but not limited to all permits required from the Army Corps of Engineers, necessary to construct and connect a bicycle and pedestrian path from the existing Benedict Building to either a comparable paved public bicycle trail, a minimum of eight (8) foot wide paved public right of way, or an improved public park." See, Section 7, page 7, of the agreement. To ensure that ARFP or a subsequent owner cannot use this provision to frustrate the City's efforts to construct the trial and bridge, the following amendment to the agreement has been suggested. Retain existing Section 7 as Section 7(A) and add paragraph (B) to read as follows: ARFP acknowledges that the easement upon Parcel B and the City's ability to construct a pedestrian and bicycle trail within the easement and the placement of a bridge across the Roaring Fork River as described herein is an express consideration for the City to execute this agreement and the imposition of the restrictive covenants upon Parcel A. ARFP hereby warrants and guarantees that it will not initiate, cooperate with, or be a part of any effort, on its own behalf or any other third party, either directly or indirectly to prevent, frustrate, obstruct, thwart, or delay, the City's current plans to construct a pedestrian and bicycle trail within the easement on Parcel B and place a bridge across the Roaring Fork River. ARFP further agrees to require any subsequent purchaser of consolidated Lot 9 of the Gordon/Callahan Subdivision, to execute a written 1 acknowledgment that (1) s/he has received a copy of this agreement along with the exhibits and restrictive covenants referenced therein; (2) understands that the City has a right to construct the pedestrian and bicycle trail upon the easement described in Exhibit "B", to place a bridge across the Roaring Fork River as described in Exhibit "D", and understands that the City has the right to occupy the construction staging areas and temporary access over consolidated Lot 9 as described in Exhibit "E"; and (3) warrants and guarantees that it will not initiate, cooperate with, or be a part of any effort, on its own behalf or any other third party, either directly or indirectly, to prevent, frustrate, obstruct, thwart or delay the City' s plans as set forth in this agreement. A motion for passage of Resolution # 38, Series of 1993, on your Agenda as item VIII(a) can be made conditional upon amendment of the agreement as set forth above. XC: Leslie Lamont George Robinson Jed Caswall Amy Margerum Brooke Peterson 2 MEMORANDUM . tl To: John Worcester, Assistant City Attorney From: Chuck Roth, City Engineer (292_ 1\\ .., -09\ 3 I)ate: March 16,1993 Re: Friends of the River - City Parcel "A" Working from the City Owned Property Map, I have plotted the three deeds indicated next to the city owned property in question. Please refer to the attached map which is a copy of a portion of the City Owned Property Map. I have cross hatched the areas described in the deeds. Two of the deeds described the same area. I do not know what the difference in the deeds is. As you can see, the department map does not indicate a deed for the Parcel"A" area in question. The small area indicated as Book 167, Page 5 appears to be for the ditch head gate. I do not have that instrument in our records, nor was it in George Robinson's assortment of recorded materials. I visited the County Assessor's Office to examine their records for additional deed information. The only reference that they had in their records was to Book 259, Page 89, which is one of the instruments that is in our records. Further information would require research by a title company or additional engineering department staff time. If it is deemed of sufficient importance to invest additional time and or money, please advise me to that effect. NOTE - Please note that my initial plotting of the deeds appears to indicate that one of the deeds extends across the river to include land across the river that is not indicated on the City Owned Property Map. If additional information is needed on this detail, please advise. f< j cc: Bob Gish, Public Works Director A O Leslie Lamont, Planning Office r Lib j ,\/ George Robinson, Parks Superintendent U - M93.7A 4~ 04 CE' 1/ 01 NX \&4 r I / \ 11 -- ' A' f i & 12 2 11 - Â£ h ) 43 1)0 7 d> 14 1 13 0 'P 'z- 25 f 0 4+ 13 + 16 14 6 5 9 12 A 1. 6 1 1G it 4 3 2 il to ge. 23 A .4- 17 22 10 + 2 21 0 8 01 9 18 \ 20 . \ 19 8 3 4, ~ 8 6 4- 7 7 4 -i 5 138 r , 4 <,F 0 -49 14 A 9 IBA SAHE (260/569 167/5 ~ 260/632 '4 260/57 259/88 E 259/8? 16 - - Ore-~ - AVE, Corner 9 / 16 Tract 4' 4 8 LEASE ~ 246/961 UTE HIKING TRAIL ~ 255/19 B LM NO. C- 1719.--J FOREST SERVICE ~ 70-02-15-10* -1 . 1, A June 2, 1993 40.:.11 THE CITY oF ASPEN HAND DELIVERED OFFICE OF THE CjTY ENGINEER Vince Higgins (' 'r9 ~1 / 1.:. i, : r 41 ;i ti - A 1-4 p 7 47 21"iR Pitkin County Title, Inc. 601 East Hopkins Avenue JUN 2 Aspen, Colorado 81611 Dear Vince: Lou Buettner and I have done considerable research into the ownershil) of the Ute Children's Park parcel. We have found two Engineering Department maps, Numbers 855- 29 and 855-36 that support City ownership. One shows the entire parcel and is dated 1970. The other shows the 'Vedic parcel that is referenced in the Treasurer's Deed that you provided for me. Lou reports to me that he researched the title at the County Clerk's Office. I attach a copy of Lou's letter. He plotted the Treasurer's Deed, a copy of which plot is attached. The Deed is not well described in metes and bounds. The parcel does not match precisely but appears to be close enough to indicate that the intent was to describe the parcel in question. Lou questions that the County had the right to create the Deed. Lou found that the parcel was patented to the City in the attached instrument recorded at 13ook 185, Page 69. Lou's research indicated that the property has nexer been deeded out and therefore is still in the trust of the City. Lou also reports that when he came to work for the City in 1970 and began mapping City properties, he found that there were unrecorded conveyances and missing documents. He suggests that this parcel may be subject to the same deficiencies. It is apparent from the Engineering Department -map that there was cause for the surveyor to believe that the property belonged to the City. - I need a letter from you stating that the City has merchantable title to the property and that Pitkin County Title is willing to insure a title commitment in order for our attorney to proceed. I also need a cost estimate for your work before you proceed. Our 130 SOUTH GALENA STREET â€¢ ASPEN, COLORADO 81611 Â· PHONE 303.920.5088 Â· FAx 303.920.5197 P./.d on./ded paper 4, procurement code require that I have a purchase order in place prior to retaining your services. We have arrived at the eleventh hour in this project. Can you provide a letter for us by June 8? If you have any questions, please call me at 920-5088. Thanks for your help. Sincerely, 6444 Chuck Roth, P.E. City Engineer cc: John Worcester, Assistant City Attorney Georg'e Robinson, Parks Superintendent Leslie Lamont, Planning Office L93.46 . ./ .6 . de'.14" f.Â·. .. .. . 4 , 1 .11'.'' r I. , 11 â€¢4.44 â€¢ hy'. N# t' ./4, AtiÂ· * 429;11958 t. . , ''. " .. '..' - ..A I. ' '. *RecdÂ¥, 36,Not o , W :,4. 8: 2 .4 1 ., tio -1 6874 0. p gET bleÂ·Rec rder , , 1. '' . #'.,5 eÂ·~ ''' 0 i'Â» ' d ...'. .'. ..4 -,>... . I , ..t'. , , ./ , .' ... ..:Ill '1 0. . ...., Eft I Â·r *44.,>0111.04441*.CI~: .-1 : ..vwzic.fiF~Je ~~IV ~,tt~:~f 4 IiÂ·,f.~ .j ~ ~ Â·- ~ r.,~~1 - : .i,1. 1 U: ' ' t. 1. +I:. '- I ..., .. ' .. ..1, ''. '.1 V n .,1 i ''. a /&.4 -â€¢ I -1 4 , 1, 1,2 1. S ' : . . ... r, - ' ,./ 5 , 1 4 :, 1. , ; t . . , . .4 ...: . 3.. 1'' 4 . ... 54 . . A. 1 ,, 7 7,4'.t. 4, ' ' U .C a '. '.r ./ 14**th'*i Â·19.:, .,1 . . * 4 14 '10 1 T .'*Il /' K'I ' 3 â€¢~1 ' I'â€¢ '" . - A .6' T , t A'â€¢C ';.0 9. f 013679 + D 4!, . .1 I 4.â€¢2 â€¢1. i. 6 11 47 1 ... 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Â· / 2/Â·:R.-,:2~11:j'#4~k#Re' e,~, ' r , 4 bl' â€¢ 4.14 1,4,14....." : y , 1,1 4 ' 4%,~iketym 5.4~(I{~46â€ž.Â·:Â·''QI'~ %4'Â·t:i<~,~:1'~(C' ) ,"''I uspalt 31,.*Â·PÂ· - 110%,Mit''ip>'f..4 ' '- ' Â· ' "4* 2.t' â€¢A,t. *~*444 .4 ;, 4,~e, i ./..4 .4, , ..1 t- - ** tO.Rnictiphi; "" #'Y 'led T l. , , f**%9,70-:,~ Â·. -:... ~ y....4,; -: M' <::9,Ch*dal[tobboii, iD:*epre*en{0 *alt *Onte, Greeting::6:, ii' 1~A eÂ·~,ieb ~'V....('A., 4 ' ' ..... ' ./ h %*ditÂ·fÂ»Er: E...3~fI~~TT.,55~;5.3:2<,Ii..4.Â·lij.Â·.fi iÂ·~~~~Â·f,i,t,-;.W':~~litit.ff<:.~23%33Â·i{~itÂ»*t~P;%#f , â‚¬ . . 1)*1 1 -4 *jâ‚¬)*ALE.f.),f@fI.2 40Â·gl~~I...: t, ff:IÂ·..,r. I~:I:L:5 -i- f. ~:.Â·it;~ ~~4 2,::4: ':,:: 6 faPÂ·f.*3~Â·631Â·) .7-:..fi~{.Â·.i;:-:1, .. : i /44< 312 .: 5, 2, Â· T: Â·. t I '. I '1 1. 'L -y ./ ' â€¢BEREAS, a Certificate of the Land Office at Denver, Colorado, is ..... '.., ' I . $ ../ . ' ..... â€ž/- I /4, IN it, ippear tidt .66=,"to Â· w %-ii.~:~,:.fiL:.~i'.:'.:.!.:d#p661.feâ‚¬iÂ¢,*i.'de~ o.f,664 knagemen , , 4 â€¢ 1 . , 1, t. tereby . 4 , , ./.4 ... .' Â·r ' 4 '... ., J' . now :1'.0, ...fÂ¥,1.% , ,..0, t â€¢'Â·A " "'2 ,Â·, ' ~41 IT'. , 0. . ; J ~ ' â€¢. . ' â€¢*Ip .1.''Ct 4 I Â¥1 . a st& - 's ' ~ ithe Uhited, 1 -4 ":, I. '.1. I , :â€¢.4 i ,~Pr . ,.-Ii, Sectic= 2386 2388, and 2389 of:the Re se tute of States full Nk'iw:k- 'r,t j .Â· 1 4 3 9 %'4 . t -Â¢ 1 4 21:&42:.Â·2912.. ;. i.4,/ . ,,4 I I , I Nrp; 1*'t-:102. 4;--:. , ... thâ€¢â€¢ ... 10, 4 r. , '0,1/1/2 . paymen been =de by A: E. Robison; Mayor of .the'City of Aspeni: PitMn County FRifit 6,; 'iÂ·. . : :.7.. /. A. 61,3, 9 .IÂ· %4 iiI- . .... Colondo;-r forl~he fJ//~U~a&~h~a~/b//3/nai~I-Â·,,Â· 34~.*j.f?.Uâ€ž*.., i~.. Â·,02...Â·1â‚¬, Ad,itil;:34-$*'r.,3.'?304 1 4 .1,/ - .7 - I. 9*719â‚¬-12*L .'01 Â· ' . , 1..â€¢5,-7.+MÂ·45~.73" # 1-;~t~,~ wh644,,Â·,17.0.13 Ii/.9.:... - * ~ Â·~-ft 5~ ~li~E~*922 9 V :~ .. jiittite;ia**;t 1 , .Colaraad.?.Â·<Ast~'062: t'i,;407*2611*4,-,Â·,2:6% ~~* - 2 :&5*. *<.-. *: r * -33 f>--5 ffii-9-3-:-t >Â·e-432-Itifit,Jit ti--4Â»Â«:pit 2Â«*fÂ«fiÂ«tÂ»lf-flit Â¢13-91114Â»-~Â·*Â»c Â·-< .-. e -.0, I Â·.â€¢, 41.%~A,-Â·lb~'.0Atif:'49%919â€¢. , .24. sk,"4'.9%-V:4 .....,< Â· Â·17' I . I Â· 7'4 " 1'~;0 .M/49* *8(062*'~6& Al; Â·.4.6&3''fo'Zi.?09?4.':Â·J< h'Â·1; 9: * , 4...,It.:.: -~.:. 1 . r>Â·a yp 49414.12 ..934,1.13.7.4940.u},6.20 :'; Rff*ip:;....Â·07.-, c67Â·t,t.-Â·i '1,0 .' 4 .. .1 'area described contains 68.25 acres, abootdÂ£6gtotth;t'Officid Pidt~' ..:t<"12:1350:r - Â·' -7-=: â‚¬ ,- re , rp- â€¢tr'% .:"â€¢" .'P uÂ·:940-,;t~ . it/17:of the Survey oithe said Iond, on 2116 in th6 1*Weau of Iand 1~agement; JftÂ· . i.3 26Â» ...': 4.i .p:fy. 1; ~Â· Â·~tt'li' 1' 4'~ . NOW KNOW ZE, f ghat there is, thereforeâ€ž grantda by the UNITED STATES. 2%*Ve-t, Â·f i., ' the mad A. E. Robison, th6 tract of Iand above descril,ed; 09J~17~51~~~~~*~2~ t. 2Â· ;the mlid tract of.I.iÂ©.2.~0-0..t,non,o~thereof, unto th~. . '11.2.1 54.. .1 1 .. .....1.r'.4 4 .1 . a. E. Robison, in t~55 1701'EMi-BEF8181'MHE EM& benefit ofthe oc .'02:'.:6.1.? e.4. 1- , . A ' ' ,, <.; 6 , : ~ the Upen Â·Townsite. Addilbion, Â· aceording to their respective interests, and to 44?37,34. S tf;, fillis' succdosors in trust ah,aforesaid; subject.to any vested and accru64Â·water.v. Â·ar-,4 â‚¬67(234 2.,.~i>Â·<fi,; riglit,tfof mining,-agricultural; =mufacturing, or:otherpulposes fandrights .Â·f....Â·b,-4'45 1 1 to ights y be , b th< 3,7. ditches and reservoirs used in colmection with' ouch water r as m 42. 6. Air:.Le. 4/ q ./, r.iÂ· I. 0 0 ~2.23%31Â·' :,2.b-2 ~i reco@azed ana ablmowledged by the local customs; lawsi: and'decisan, of . .4, I . , ... 41,124*il courts; , 't Â· andfhereÂ·i hereby di; aÂ· way thereon q. 1,4 .j:Z'444,)41 s reserved.from tli lands grante right of ' I, A '' 1.4 k**i,y-~.t"b.Â·:,;,:j~ f= att~10*.5,Â£8 Com authort ted SU o , 4 1 A_ tructed by ete' ti'.,of,(t~ilâ€ž* tdj.fhz p> '.:,;~9,9 ... .ip ' 44, -.862" L ... ..0 .4 . . .1...41, 1,4 :17,~ J " t.@, t ,'..'CS %" 'Â¢14' .16Pil I , . 'I' , 1|.I I I I ." ." 1/ ' ./. .0 4 1, 1 ./ 1,/ h.. 6. ...f# 4. rl ,>t,tj.. + 2. . .,s ;.Â·t>r -Â·: ':~~ :tkk*EA , 9.< L' . '4. I. I I '.I ..11 fl. p . 5, 90:Jet. ' -/ .<r+#.: .4, 04/1 u. 4 f. /. , Ar'/14 4/91 I '/ '' i,, .'.4.Â· - - 4:6,4Â¢467\Fo'Â»~ Â£4 .AjrvÂ· I '' '; 5 râ€¢â€ž~..;~~~~~*~~ . 4, '*3/%Â·3,4.3 .' ~~~~4/AMA#**&054â€¢ 7Â·'Â·'"VCV** , '72 . . .4 1, *129.:. 1 9'.6-,1. t 't 1. I. an:Â· .,/7.6 Â· 4 v . - . . t. .27Â· . .. 4 . L -, .A.- F Â·â€¢,D.â€ž2. â€žÂ· i, .7> , ; -' -t $:14":~31Â·32.:r.(:4$.r,", 1, ..7: ~A .,1,11<,C K,~Â·~ ' ,%.,1.,Â¢-~.'' ... N. /4 Â·,11~;f"' ''' 4',~'4â€žt:De:;9,040, *24'4:. >t:~;:r~'I..,ES<Â·4 ' ir'""tf.,4,17:4 4, 4 *.1 .O dkÂ¢'.4 1 &14 . 'i F.' r'Â· 933 . i 0*, : Â·aÂ·, â€ž , t,., ':Â· :.,; ,Â·;;Â·ii, . 1 . , ' ......' 1 . 1.':. i' 9% 1, I ./ ...... - , . ... - 0 0,Â· . :2'- 14 ,>i'C'~i,;*'i IN *ESTIMdwit WHEREOF;'th@ underhigitea imthbWzed omce]Pof * 4; 0 i '4'1 I .11 ,Â·RA f ';71* , tÂ·-Â·.Â·.i:~c.''the Bureau of Land Management, id liccordance with the :,9,Â· Â·,:.i.., I I v . ' Â·,provisions of Ule:Act 62 June 17,1948 (62 Stat,,476), has,0 0., , ' 39/.4. 0 4 in the name of the United States, caused these letters to ' '. ' , 1, ''.4, 42. '."'r.,t , ,Â· : :. , 7,Â·k'r. 1:f*fI,~:JZ~, 4'sfi:.. '- *made Patent, and'the.Seal of the Bureau tbljo hiredntÂ¢,1,:0,13~~i , t ...%.%':. 4 .:'. 2%413,~~~i~Â·~ii, . ~~,f~~I~.~.Iolf%64~:Ii: .hi~ped. 7Â· : '' I GIVENÂ·under my-hand, Wn We Distric& of Colul*bia; tlid 'Â·10' L',2. , WA & 2 -iÂ¢ *. [Ilmmm~me , .day of 2~!m â€žÂ· in the year of ~ 1 4. L..i,; 7%Â· f 0-4 >f:':,Â·p ' Â· ..IÂ· 1.41'z?b' Â·*&*[16..1.,41 1'*.3.42 Â·.66*Lordonethousatidninehundredatid' FIETYÂ·LEmED Lie:.i/:3* .-Â¥I.-21- ij -1_I -â€¢ I- 4 ./ 1 .. ''3 / .,f-Â·: 1-:.~,;;;R>,<2~9(':rt : I. 1,'Â· 4 -,9,~~m, .43.Â· -<.....0~bÂ»4*Â«Â»44Â»-râ‚¬.:fÂ·Â»2464,44-Â»44444442Â·5%M~484#7;i kot: -4. Â· I< 4.: 21:i' 1:.*...13ft:Â¤**35 1-44 j"<.1.,f 4.:r'.,%,1.-. i , ., For th6 Diri464 *16,idd'8**laijA *#4*ff..,'~Q..,~~,,*.,,<.',.,~~,,~.~,.~,tikit 4,lt: t 1 e. '' I . ' CAfe Patent,Simon,r 9 * Â· 0 Â·: Patent Numbei; 1.-1.-u....................4. ge.,Ic .., ..... . , v748 . , ." . 1 ''F'.,1-b ;444,:.44 :.L,e,;i.6.:-t~-A~;...'....wp:;f.'.301: fER:Â·. I f ~~i.,;:Â· ; .~- ~. ;{. i' 12~. ,(~13. :.2...f tÂ» â‚¬ ' f?1Â·:~.: 7':~:i :, tÂ·IL- t:Â·Y,/ .9.f 5.4 it I. j.Â·. -' =V >.Â· . . Â«;- lf';~47Â©2Â·?I':0% - :10Â·c' a. 1. iÂ·t'.Flf..UÂ»4?, -4 9*%}Fâ‚¬31-2, E'dCAN I ..0 1', 9,2.Â·,t ~ Wi=1310Â»_te,- , 'P# 4-011 I 1 . j i R , , I . + 1 \ C '6' l 4 1 ti . 4 / 4 1 / <0\ , / 0 f D l , L , . .ALY v.Â·2Â© A. ' J? ..1 .:mis'.I.2.-'4. r â€¢.7 .2- 24 Louis H. Buettner Surveying 0040 West Sopris Creek Road Basalt, Colorado 81621 (303-927-3611) May 25, 1993 City of Aspen Engineering Department 130 South Galena Street Aspen, Colorado 81611 Re: Ute Childrens Park Dear Chuck The City obtained a Patent from the Federal Government on August 21, 1958 that included the Park property. This deed is recorded in Book 185 at page 69 of the Pitkin County official records. The Patent is for Tracts A and B, Township 10 South, Range 84 West of the Sixth Principal Meridian. You will find a Plat of this property in the Engineering Roll File C-4. Titled East Aspen addition and Hughes Addition (Tracts 40 and 41}. I searched the County Clerks records for a deed from the City to some Party for the Park property. I started in 1954 (4 years before the Patent) and ended in 1972, to no avail. As Pitkin County Title was unable to locate a deed to the City. and I was also unable to locate a Grantee of the property, my conclusions are the following: 1) The City owns the property as a result of the Patent, and their being no Claimants. The long possession of the property by the City for a Park should allow the City to create a Title for itself. 2) The City can claim Title also under the lost Grant (document) Theory. This Theory says that: He who has a quiet and uninterrupted possession of property for a long time is presumed to have a right to the property. If he has no right to the property, why would he continue to use and enjoy it. The long use by one supposes an acquiescence by all other claimants. Land has long been transferred by documents. If a document is lost, this should not forbid one from the enJoyment of the property. - The reason I listed the Lost Grant Theory is that when I was working for the City and first started to research all the City owned property I found quite a few documents that had not been recorded. If there was a document of transfer, it could have been lost. The time frame you put on me, namely, 2 days, did not permit the research time to check adjoiners of the Park property. The adjoiners should be checked back before the 1958 Patent. I think the Aspen Survey Engineers Property Survey of Ute Childrens Park 1 n November 1970 was a determination of the unclaimed lands for the City to claim for(as) a Park. I hope this clears up your questions on the Park ownership. I did find one thing I would point out to you. The City Ownership Map shows the document in Book 259 at page 89 as deeding some of the park to the City. It does not! The description is for a parcel located in the Ute Cemetery. If you have any problem locating the description, please give me a call. Sincerely -ES> . <23 /1-7- 2552~ Louis H. Buettner LS 13166 ASPEN/PITKIN PLANNING OFFICE 130 South Galena Street Aspen, Colorado 81611 Phone 920-5090 FAX 920-5197 MEMORANDUM TO: City Attorney City Engineer Zoning Administration FROM: Leslie Lamont, Planning Office RE: Gordon/Callahan Resubdivision Substantial PUD Amendment and Lot Line Adjustment DATE: March 8, 1993 Attached for your review and comments is an application submitted by The Aspen River Friends. Please return your comments to me AS SOON AS POSSIBLE. This is scheduled for the P&Z next Tuesday, March 16, so the memo has to be done before the end of this week. Thank you. 1 I "071CE g .9 'r: r 6 f 9/13 -,0, 4 2:2~ . PURPOSI___ - '5 -,Af -.- 4. 1 I ./ 9 1 >r.Â·. , ,--Il - I - - 1=44 ~ , 7,â‚¬ t, Â·-- = 4 . ..24-2 4 *Â«a'L \12 E-- el/{4/7 4-1 142 to i r-- To Whom It May Concern: I hereby certify that a Notice of Public Hearing (Exhibit A as attached) was mailed to surrounding property owners within three hundred (300) feet of the projects' property boundary on April 30, 1993 and that signage was posted on the property notifying the public as to the time, date and place of the Public Hearing. Said signage was posted on the property on May 1, 1993, a photo is included (Exhibit B) verifying said posting of the property. Subscribed, certified and sworn to me in the City of Aspen and Pitkin County, State of Colorado this day of 1993 by/Die k Faizlin. My commission expires: .rt/-t.. F , OIl )99< 0 L (004,13 4-tiltiâ‚¬-0,-J Notary Pub]DEC 67 84 499 I 8-Â£+ 00 rl L 3.1 ./ 9 b 1: 1 : F 1\ 1 . 8/3905 AM 1 6460 STA 11 1 (01 A .s pe : 1 -1-b v.: N Â·S ir-E. 1 SCALC 1 1 N = 50 F T C 20 bO ISO 0 .0 ' \â‚¬ZE 02, I 0/9/ A 16 4-J lOS F Â·33#1 (B i \ r -0 S r f , r, f r 93 M, 0, - ./ etp 3 01 ' 1 1 I N' 1 -.-- 1 /1. \ %\ El /70 - -- 4 439 -i.\ â‚¬ -- 4 1 -- ~~ ~ 1 43*202-/9- /2Â¥ NCPOi:'W 313 1 8 77.-q<% - -% \ 4. U- 752 -Â©c-4-- - /. a. 30 : 7--- A - --1. 0 -- - -/ - 581'42' E #6 9,0 - 7--1 587*2 C 70,Go." - /3 , ''Vâ€¢-1..Â·,L,- - 4 - ''7'*1'it''te-4 \4\ r .r-â‚¬ , 1 . T. O m I r , I'~5 4 1 1-// 1 \0 SM- r Â·n â€¢ Â¢ 1 \ ,-:44'Le i -1 1 4 \ 1 9 \ r -' 362 r., AM, -1 J J. \ r....\ e - 1 ~ - +. I 7 1 - 3\ ip ' 0 \1 1 - t.. ~ r fÂ¢ t ~ 0 12- 1 r. . . 10 0 -* vÂ·i -c__ --- A-Â·Ce i , 11 j --\ 0. 1 -01 \ \\ 1 7 \ r 01 0 P k / 1 1 / Or , R O 0,1 k i\ . P 0,0 0 F, 1 1-1 1- c., -1- 1 7 0 0 -1* 0 V 01 I.G221.1 -1 1 / IA \ -- iII * 2\ 1\011-1 1 -- LEGEND E NOTES / 7. /IR /4 1 FAR-1- or TRAC- 150 4 539'-54 44 x ~ ~ / 0 1 5* 2 0 KE-KOn vv TH F-ALLC CAP -iTT ! / w //'4 / m<VEY ALPUJ $24,4 - ~ 1\ 64 >' yÂ®-4 - - -- 1 0 11 i Ft) MOW AII,1Lowk,DUW Ill /8 #;* /sa-te e r rÂ·, 6 r= - 7 $ O. \ , , I + /41 1, P AX] Un POI N-1-5 0â€¢4 9Â»'EF- EARK E 0 -i, //0 ~('ENE,-r OV 26\104 it.Vk) ~,i \\ 'fr ./ .../ 4 1 .. / O.44 i 7 4.2 8% 3% i: 1 3 FENCE POSTS E FLUCE UNES . / i i : u i. LO L - f 1 E y'.\\ -1 . FT T S-Er ref.'CE -V 'I:/ A, Ft:EM , C.â€¢- T -I 0 1/.4 c ./ 1 , 40.\ . / 0 8E AKINGS AP.t TANâ‚¬. BLE. ED ON SOLAri 1 0%5â‚¬r. 4/13-1 ONS. SURVEY OUENTES *.1 i VE) IVIONS. E 3. 9%3 + A f lt#+ 2 f..>.4 RECOKE DCOCKir \DN E . 1 7 f ..1 44/ s =I - 4/ f . 1." 4 -1 ~ -4 1 ; r. -- 9 ry 1'20*.923 Â·Recoact -EK 170 - 241Gb ' r / o // 1 C 50.4,0 ,%~ e ..:t.,0. - .%0.74 4 t\ (206 22) WEST 194.5 1 -. c i . 9 -V L P :. \ ne NOTES 1 l- 3 1 1 n Survey based on description from 1.... .,v-16, 40(- t-1'CKin County Records. 9 7 r._ r -r 7 4, 9.-- . . - 4 '0 - yorts opinion, as Qualillea Delow, usid to make tract fit other . 2 LAI v 41 30 U record descriptions, end to close en itself, < j A - ; Fl r. 1 The pipe found E.77 f: East Â©f the rÂ·oint of teginning s the prob .- < ..'. . surveyed intended 3,0.6. of the description, but is 0Â°29 wrong,on , bearing from Cor. 9 MS 390Â·51.I: Sione cor. mon. found in place. i RE - I original record call cf SOOCIL'k on line 1-2 cr 6-7 of Riverside was 41 1.' .~~ 1 c Probe:bly reversed to SCOÂ°14'E _wricl: would account for the 8.77 ft. difference. Riverside Sut-Livision IÂ·lock 1 (Flit Bk. ZA-Pg. 179 ) *A .. has a beerin, of SOO blt' 2 WAI Cl carries on this reversal . As shown \ O\0 \ 0~ logically c:. "KILLITE" ray. the blecke are parallel to tlhe West line cf Riverside (Riversiae Addition) which is L. WL 44. \'\ C. I '.11'W. This fact leaves 04 \ el .the %09-0.' c.},raÂ·rn -O l) ' ilitial fap between rercraed Froperty line and ; ....., , 6 U .Â¥6. I Â£4 -au 00 - \ e\\ 6- . 'The 209Â°30'; call on the descri:tion should Le a common ilne with PEr) i I I t,nore sho,n on ri,..is of Riverside Sut Division Mock 1 (P,k :54.Â·F;'1"9) Ph Â· i ' i 0, 0,9,1 4 6 :Â·4'1 . . have une liu 46 22- -22' E. If the 03Â°30 GO.L.A. Â§4 1 26 - - . & 64 6. b u WAâ€¢v - & ..v - L..1 1-9 Â£ DC *A - pÂ· A 1 0 - 1 0 -% Â· / 1 (54 cor Lit 17) would fit. l' Â· C' rart of tue Frcert, cor,-F: from Riverside Flacer, MS 39(25AM' and the .- port adjacent tc t.' , Kiver comes from :reci E cf the Survey of Asy,tn -- 9.. I - Townsite Addition, ..2 Rfi'W 6FV or the 1 ' 1 '. 7 r Â¥7 + -7 â€¢ rr- F: 4 f. - 1 1 ,.r r - . -'Clb 1-4'Vil â€¢ A .Â· . 4- 0. . I. I ... I'l'//C,-' -.Â·,est 206.92 ft." wl:- riot fit consistent Wilâ€ž line :2-7 fÂ·-Â· ) yuj:.1,-; 4-17. has trÂ· be sh.- i rt ened r c 19 4 0 52 fr. PROF>EKTY SURVEY \ 1 7 'r, 1 -il - i. 7 -r I Â·, out. 392.9 ft. :c the center of the Rearing rcrk River': CT A TC>A --1- p.c LAND IN SÂ¥/F NE!4 - Â· - 1 ilt Sal i Ul .j rk" 4 1 -4 // does no: eet. t'.- th, center, Er.,d *he calls of "N"Â©324; k NO,4Â°33'W cio SEC 12 TICS â‚¬34 At -- not fall in the ce:ter. T.. Alve' was neic surveyed for this plat, I in G PKA, :- ... -, 1 8 . .,. .. Crla. 1/ ehOWn AS it 6:CtU&11> 13. -DLS<Bf'.,j L.tul, L:-.de, seper,te filel.,-+Y-UreÂ· , F742 i 1 â€žefc .-77c- ap. the River is. LOU] 3 V EDIC-~5 *, There would be an over]-. ...th Ek 202-Fg. 124 if the call of fi J-4.iz # s r< r, d ./c 9 ' were lised be..1. tu tne-_rol-4 -r Leginnine. There Ye p 3.73 00. jog in 1/ 0.7 - the Nori:h i:re o. U.ls Â·r-. E .)905.AM is reesi.... <fu RK ELY'E, ELNS i NEERS 1 :4(_ . e 41 : c h 4 '4 5/39.EAM, a 1952 Pres- Car found in nlrce. which it the hoerâ‚¬Et pride.ic.. 707 NE. 77+ 1 - GE. JCT - couo, \14 L. . 1 13 7- N 1-ie. everall description based on above fac* â€¢ Lrid or,inions accompanier GLL,0/70 - 1 \20 \ e 0, 1 - â€ž r ne. rtÂ·., - .1 ~ 01 r this plat. Access to preperty is through the Kastelic -p. c: . , r..:.1,1 ...... 4.\ 11 / Â· not on record, Tne orig. nlat of Riverside Addition. filed 19719/06 \ L is missing from Court Houre. The "WILLITS" mar) cf 1096 is h;yt kiid- 5% N i >C. \\ J.,GER. AED U PE-lv.AN , CE.KTIF X T,JA-r -1,,1,5 PLA-T 152 PLO-iTED UKOM j ence, and shows Paverside Ave. rcint to prorerty. St is,Surro':.Tht opinion that this was not - --A-,r.*.- -rk=.1- 2.2 other r-' Â· r t., C u.- have Dcan F\El.5 IXTES (2*- A E-UEVEN MACEL ij#DEK blk' FUPEÂ©AnON Rl /)PRIL, ~42 '0* ignored-as shown by kiverside Sublivision. Any questions cr additiont] . V. . 1.2.- U <1 ... ... ..4 -Al, . Ab. 3 Â· ~~:O -- information should bs directed +A *n- Su-ve .. a- 1 '11 plate, r.zid decisions cre avalieble to the client, and inf'orli:Ltion 61, orn :ic 10. \It \ property. COLO KEG PKOE ENG'E. E 1.-AWD 'LÂ·OV-VEVort.. -2.-v\Q . ~~.~. ~ L 913909 6.M ' 4 - Â£ V e Ci i C_ 1 4 4 u r.,â€¢ 3 Lou S h 1. 7 1' / t D I r-O riOCK IN FLACC 1 jr.0 ICL h , a ; To 9/3305 AM -71{994,01- ' i./ LOT CALNERWOOD D * * 1:? i SOBDW, slow 1 / Fi 4 -4, 1. It / - < 1. 41 .T /05 % 1 .. : Ar PROPERTY SURVEY ' ~4 41 1 OF Ik ki UTE PARK 1,2 FOR .,1.7.1, D SURVEY ENGINEERS \N C CITY OF ASPEN BY PART OV P.O.BOX 25OG ASPEN, COLORADO LOT 7 - SEC 18 \\/ /70 3 0. ReveED 2/11/7 4 . 6 0 -./ F 0 -' \ I 0 0 . ..... r r DESCRIPTION 1 , A TRACT OF LAND BEING. APART -TWINCE 923~15'E 222.DO VT ALONG THE â‚¬ 6 \7;%:::* \ 0 10?Â»Wi O 10 00 \U- \ OV TRACT 8 (49 ASPEN TOWNSITE CENTERLINE OP THE ROARING FORK RWER & 3%'A t f" ~ 4 V * ADDITION sEC Ie -nos R 84W GPM TMENCE %01*40'W \56.00 VT ALONG THE tv \, 0 (PLAT APPROVED MAY el, 1951) AND TWE CENTERUNE 05 -TME ROARING FORK RIVER 4 4 HELEN C. BIRD ENTRY(PLAT APPROVED THENCE SW 39 E Â¥35.00 FT ALONG THE ~SCAL E \" =50' 1 4 NOT-Â£ r DEC 22, l890 DESCRIBED At, FOLLOWS CENTERUNE OF THE ROARMG FORK R\VER \1~ 6.<*;3#ET,Ii AbbinONS ?4657 OF ORAer o BEGINNING AT COR 9 OF TRACT 8 TOTHE INTER5ECTION WITH LINE 8-10 OP W 41) ASPEA Tb*1~lbrr-E- ADD i TIoN F ~ (91) (A 1954 BRASS CAP) TRACT 5 (49 i 02 WITH THE SOUTH UNE OF CALDERWOOD 3905 AM RIVERSIDE PLACER(A SA,WS-rOWE MADE E.Y C.,[T-T OF Af>fU 4 THENCE. NOO'21'Â£911.52FTALONG THEIACE SOW-# 268.nET ALONG LINE Il-10 TU(41) E,4414!1121â€¢44 DEFT~ 9-It-12- 0 4 , 8-9 TRACT B (49 TO THE INTERSECTION TO COR IO OF TR.8(40 ALSO BEING CDR 90Â¥ SUBDIVIS\ON A5 MONOMENTED ROCK il PLACE) 0. i 11 In -1 â‚¬ -TMENCE S,1.21'E 83.19 FI ALONG THE THI.NCI 53890'W JSS,\1 FT $ SOUTH UNE OF CALDERWOOD SUB TO THENCE â€¢440'24'W %15.00 VT 4/ . SA THE CENTERUME OF THE ROARING,FORK THENCE NO'1'21'E 616.80 FT TO THE 0 09 RIVER POÂ»IT 05 2>EGINNJNG, CONTAINAN 6 1.03t 2 Â¥ ..AD...2 - 7 . THENCE SI5~35'W 149.64 FT ALONG/E ~ACRE.S MORE OR LESS WK<n- 185.842 CENTERUNE OF TME ROARING FORK & /1 4 2 \.A 42\ Rly ER (t ) & s l O.32 3 AC. I 1 . ou. f & 1/ bEEbED -ro CITY OF /.r 1 t 4. k Af>PE-14 1*0,9 Fee,KIC- N el 9,1 . 4 A. BE-htâ‚¬.Dic-r 12-20-72- ~-f~ g Ul ~ 4, â€¢ 1 I u 4.Â· 4 1, I P. A / C HOAA 503 6 116'04) 9 4 \ , A ; 84,319 01 AC. id \, \ it \0\ .. kivi i \ 9 U 40 6 CEMETERY ;.. 4-\ : \ % :1\ R \ k f| 0 14/ 1 1 0 1 11 1 . t \ OT E \1 1 6 0 PART OF 0 . RIVERSIDE PLACER 1 eli 4 ,... i,- "4 lOT 67-/ SEC %5 0 | I Â£ .0. 390 S AM 2 / C 1 00.00 i & 074 . 1 2.69 ACRES . L k -, 0 1 11% 40 $6 4~ 1 , mI UTE PARK 1 ; 0 0 60 1 ; 1,0 0 .4 \4 1- Â¢ 4 U ..1 N 4% r 0 â€¢ 710 Â° l,n LEGEND 4 NOTES 2 CENTER OF FD. SURVEY MON. J/ SEC 0 St-T *Sx 20" REROD W/CAP --' Fi' -X FENCE L:NE .. -- *da_ __114.46' ~// BEARINGS SASED ON SOLAR Af{{2 3 0 Nasooltw 202 SS OBSERVATIONS PER LOU\S 9 N 9000' W ,/O - 2-9572==7.-t=-p-y==-1===p=t==p.a,~-pjk=AP C ) RECORD BEARING* 4 DITANCES .,1 14(t. 4 VED,C SURVEY, DATED 6/30110 TIOS R84W G PM F D BRASS CAP g -ix (589-03 W 202.50 1 ~ ~ GO SANOSTONE. ROCK IN PAREN-THESIS STAMPEDTioS Reâ€¢W ./,u , L LINE'-10 TR 8 / W/x"/3,0. %.SCR,SED ~ SURVEY POINTS ON R\VER FROM RECORD CUT SHAW PLAT APPROVED h ~~ BK 246 0Â·50 x 1.03 .0.63 0.0.6. 4 BANK NOV S \888.FULD TRAVERSE FROM W. C. TO CCOR S -TRB) c â€¢rrui PG 961 Â£ 74 COR SEC 18 TO BR. CAP 6.390 SAM, 4 (COR. 10 TRS ) NOTE RECORD 6-3905 70 9-5,05 AM 2 4 0Â·'St ACRES / IT IS TWE SURVEYORS OPINION THAT THE e CALLS IN 5,1 244 PG 961 ARE IN ERROR.TO 13. OF TRACT b T ME CALL OF 5 89'015'W 202.50 AT WITH TRUE bE.A,U,46 BE-TWEEN CORS 9%,0 12 TWERPORE TO BE GONSISTENT WITH INTENT, FT SHOULD HAVE BEEN NesÂ°01'WEDZ. Se Fl, "JAMES R. ALLEN CERTIFY THAT 'THIS PLAT \S PLOTTED Af OF'INIONED,THAT THERE 1% NO HIATUS FROM V /ELD NOTES OF A SURVEY MADE UNDER Â¥14' ./-â„¢-D--- e ~ \/ e BETWEEN THE PIECES,WE WAVE ROTATED THE .. Supila.VIS,ON IN AUGUST ~ SEWTEMBER \91 0 REMAiN;N.6 THREt COURSES 70 CONFORM WITH e THE OArnNTATION AS iN-TERPETED BY COR ~-Af#1.-<-1 3â‚¬ 002- r JÂ« I. OF S 89001' St- E 201.So FT 9-to Op TRACT 8 PLAT SHOWS A SEARIN6 COLO~t~ LAND SURVEYOR 9)15 \ /11%.,9,4 . . : Â· ' r â€¢ \U- . . 1 .4.22 y. efee .51 a Li' 865-36 0/W*Â· 9' 4.,24" - M. PITKIN COUNTY TITLE, INC. 601 E. HOPKINS, 3RD FLOOR Vincent J. Higens ASPEN, COLORADO 81611 Christina Davis President 303-925-1766 : 303-925-6527 FAX Vice President 300' OWNER'S LIST Pitkin County Title, Inc., a duly licensed Title Insurance Agent in the State of Colorado, hereby certifies the following list is a current list of property owner's within three hundred feet of The Gordon/Callahan Subdivision as obtained from the most current Pitkin County Assessors Tax Rolls. NAMES AND ADDRESSES TAX SCHEDULE NUMBER PLEASE REFER TO LIST ATTACHED HERETO AND MADE A PART HEREOF 21 .60 K. r 0 AUTHORIZED SIGNATURE ~<~'~ . 1010 UTE CORPOR..-ION .OT 12, UTE PLACE SUB C/O LOWE ENTERPRISES INC. SUITE 800 11777 SAN VINCENTE BLVD. LOS ANGELES CA 90049 ANTHONY KASTELIC LOT 24, RIVERSIDE SUB/ METES & BOUNDS 570 SOUTH RIVERSIDE ASPEN CO 81611 ANTHONY S. WELGOS LOT 20, BLOCK 1, RIVERSIDE AND KATHRYN M. WELGOS 1295 RIVERSIDE DRIVE ASPEN CO 81611 ASPEN CLUB INTERNATIONAL LOT 14A, CALLAHAN SUB ATTN: DIANE 1450 CRYSTAL LAKE ROAD ASPEN CO 81611 ASPEN CLUB INTERNATIONAL LOT 15, CALLAHAN SUB C/O MARK OVERSTREET 1450 CRYSTAL LAKE ROAD ASPEN CO 81611 BARBARA O. FLECK 1/2 LOT 7, CALLAHAN SUB LISA BETH FLECK 1/2 1525 SOUTH LODGE DRIVE SARASOTA FL 34239 BETTE J. KALLSTROM LOT 13, BLOCK 1, RIVERSIDE 1225 RIVERSIDE DRIVE ASPEN CO 81611 BRIAN MICHAEL WILSON LOT 7, UTE PLACE SUB AS TRUSTEE OF WILSON TRUST SUITE 7000 16633 VENTURA BLVD. ENCINO CA 91436 CALLAHAN HOMEOWNERS ASSOCIATION COMMON AREA C/O ASPEN CLUB PROPERTIES ATTN; CHUCK FRIAS 730 E. DURANT ASPEN CO 81611 CHARLES MADDALONE SOUTHERN MOST LOT, GORDON/ MARLENE MADDALONE CALLAHAN SUB TRUSTEES P.O. BOX 635 ASPEN CO 81612 ' CHERIE G. OATES uOT 11, BLOCK 1, RIVERSIDE 1205 RIVERSIDE DRIVE PROVO UT 84603 CITY OF ASPEN UTE CEMETERY 130 SOUTH GALENA ASPEN CO 81611 CITY OF ASPEN UTE CHILDREN'S PARK 130 SOUTH GALENA ASPEN CO 81611 CLADERWOOD HOMEOWNERS ASSOCIATION COMMON AREA NO ADDRESS AVAILABLE DAVID G. BEHRHORST LOT 14, BLOCK 1, RIVERSIDE AND DONNA S. FISHER 1230 RIVERSIDE DRIVE ASPEN CO 81611 DONALD M. NORRIS LOT 16, BLOCK 1, RIVERSIDE AND JUDITH P. NORRIS 3400 GREENBRIAR LANE RIVERWOODS IL 60015 DOROTHY KELLEHER LOT 12, BLOCK 1, RIVERSIDE P.O. BOX 1 ASPEN CO 81612 ELLIOTT ROBINSON LOT 15, BLOCK 1, RIVERSIDE 1245 RIVERSIDE ASPEN CO 81611 ELLIZABETH MARIE JONES LOT 10, CALDERWOOD SUB C/O JEFF BARKER/BDO SEIDMAN SUITE 2400 600 17TH ST. DENVER CO 80203 FONDA DEHNE PATERSON LOT 13, CALDERWOOD SUB 500 W. HOPKINS ASPEN CO 81611 FOWLER P. STONE, III uOT 7, BLOCK 1, RIVERSIDE AND RUTH D. STONE 611 FRED LANE ASPEN CO 81611 FREDERICO LONGORIA LOT 8, GORDON/CALLAHAN SUB DENNIS E. NIXON BOX 1359 1200 SAN BERNARDO LAREDO TX 78042 GAIL COTTINGHAM KOCH PART LOT 7, CALDERWOOD SUB 134 EAST HYMAN ASPEN CO 81611 HARLAN J. LEE LOT 12, CALDERWOOD SUB TRUSTEE OF HARLAN LEE LIVING TRUST 310 WASHINGTON ST. #P214 MARINA DEL REY CA 90292 HENRY S. HOYT LOT 8, CALDERWOOD SUB AND JUDITH U. HOYT 54 CHAMPLAIN ROAD CATHAM MA 02633 HERBERT R. MOLNER PART LOT 7, CALDERWOOD SUB AND PAULA S. MOLNER 280 CEDAR ST. HIGHLAND PARK IL 60035 IVA P. GREEN LOT 2, CALDERWOOD SUB AND BROWNE GREEN 13535 LUCCA DRIVE PACIFIC PALISAD CA 90272 JAMES M. TROTTER, III LOT 13, UTE PLACE SUB AND LINDA G. TROTTER 700 UTE AVENUE ASPEN CO 81611 JAMES S. DUBOSE LOT 9, UTE PLACE SUB AND JOY G. DUBOSE P.O. BOX 2990 FORT WORTH TX 76113 JOHN G. SPERLING PART LOT 7, CALDERWOOD SUB 4615 EAST ELWOOD PHOENIX AZ 85040 JOHN HAYES AND .OT 9, CALDERWOOD SUB GEORGEANN W. HAYES 1112 WATERS AVENUE ASPEN CO 81611 JUDITH G. JONES LOT 8, BLOCK 1, RIVERSIDE 1230 RIVERSIDE DRIVE ASPEN CO 81611 KAY ELLEN HAMRICK LOT 21, BLOCK 1, RIVERSIDE 1315 RIVERSIDE DRIVE ASPEN CO 81611 LOIS CAPAKEN LOT 16, UTE PLACE SUB 8900 STATE LINE ROAD LEAWOOD KS 66206 NORMA J. MCCLAIN LOT 11, CALDERWOOD SUB 1108 WATERS AVENUE ASPEN CO 81611 PAMELA M. MULLIN LOT 8, UTE PLACE SUB AND PETER W. MULLIN 340 S. WATERGATE AVE LOS ANGELES CA 90049 PAUL A. CHESLEY LOT 19, BLOCK 1, RIVERSIDE AND FRANK G. CHESLEY P.O. BOX 94 ASPEN CO 81611 PETER C. MEINING LOT 14, UTE PLACE SUB C/O H.M. INTERNATIONAL, INC. SUITE 1000 5810 E. SKELLY DR. TULSA OK 74135 PHYLLIS S. HOJEL LOT 15, UTE PLACE SUB C/O ELECTRO COM AUTOMATION 2910 AVENUE F ARLINGTON TX 76011 PHYLLIS S. HOJEL LOT 15, UTE PLACE SUB C/O ELECTRO COM AUTOMATION 2910 AVENUE F ARLINGTON TX 76011 POWDERHOUSE ENT6 .1 RISES _OT 16, CALLAHAN SUB SUBJECT PROPERTY 1280 UTE AVENUE ASPEN CO 81611 PUMPELLY FAMILY LIMITED PARTNERSHIP LOT 10, BLOCK 1, RIVERSIDE 1280 RIVERSIDE DRIVE PROVO UT 84603 RICHARD OSUR LOT 6, BLOCK 1, RIVERSIDE AND JOAN OSUR SUITE 255 3349 MONROE AVENUE ROCHESTER NY 14618 RIVERSIDE HOMEOWNERS ASSOCIATION COMMON AREA NO ADDRESS AVAILABLE ROBERT MURRAY LOTS 17 & 18, BLOCK 1, RIVERSIDE 1275 RIVERSIDE DRIVE ASPEN CO 81611 RUSSELL TRUST OF 1980 U.D.T. LOT 9, BLOCK 1, RIVERSIDE ATTN: MAURICE SMITH P.O. BOX 327 PROVO UT 84603 STEFAN T. EDLES LOT 10, UTE PLACE SUB C/O APOLLO PLASTICE CORP. 533 ELSTON AVE. CHICAGO IL 60630 SUSAN GEARY GRIFFIN LOT 14, CALDERWOOD SUB AND BONNIE GEARY GRENNEY 5700 COUNTY ROAD 129 WESTCLIFFE co 81252 SUZANN L. RESNICK PART LOT 7, CALDERWOOD SUB P.O. BOX 4485 ASPEN CO 81612 T. RICHARD BUTERA LOT 14E, CALLAHAN SUB JULIE ANTHONY BUTERA 520 E. DURANT AVENUE ASPEN CO 81611 THE ASPEN RIVER rRIENDS LOT 2A, GORDON/CALLAHAN SUB C/O H.M. INTERNATIONAL SUBJECT PROPERTY 5810 EAST SKELLY DRIVE SUITE 1000 TULSA OK 74135 THE ASPEN RIVER FRIENDS LOT 2B, GORDON/CALLAHAN SUB C/O H.M. INTERNATIONAL SUBJECT PROPERTY 5810 EAST SKELLY DRIVE SUITE 1000 TULSA OK 74135 THE ASPEN RIVER FRIENDS LOT 2C, GORDON/CALLAHAN SUB C/O H.M. INTERNATIONAL 5810 EAST SKELLY DRIVE SUITE 1000 TULSA OK 74135 THE ASPEN RIVER FRIENDS LOT 9, GORDON/CALLAHAN SUB C/O H.M. INTERNATIONAL 5810 EAST SKELLY DRIVE SUITE 1000 TULSA OK 74135 THOMAS J. LARKIN LOT 1, CALDERWOOD SUB AND HARRIET A. LARKIN 1025 WATERS AVENUE ASPEN CO 81611 UTE PARK PARTNERSHIP METES AND BOUNDS 215 SOUTH MONARCH ASPEN CO 81611 UTE PLACE HOMEOWNERS ASSOCIATION COMMON AREA C/O KAY DITTMAR 19 UTE AVENUE ASPEN CO 81611 WARNER BROS, INC. LOT 6, CALLAHAN TAX DEPT. - 12TH FLOOR 4000 WARNER BLVD. BURBANK CA 91522 WARNER BROS. RECORDS, INC. LOT 5, CALLAHAN A DELAWARE CORP. 3300 WARNER BLVD. BURBANK CA 91310 WILLIAM E. BINDLEY LOT 11, UTE PLACE SUB 4212 W. 71ST STREET INDIANAPOLIS IN 46268 ASPEN/PITKIN PLANNING OFFICE 130 S. Galena Street Aspen, Colorado 81611 (303) 920-5090 FAX# (303) 920-5197 March 8, 1993 David Behrhorst 1235 Riverside Drive Aspen, CO 81611 Re: Gordon/Callahan Resubdivision Substantial PUD Amendment and Lot Line Adjustment Case A10-93 Dear David, The Planning Office has completed its preliminary review of the captioned application. We have determined that this application is complete. We have scheduled this application for review by the Aspen Planning and Zoning Commission at a Public Hearing to be held on Tuesday, March 16, 1993 at a meeting to begin at 4:30 p.m. Should this date be inconvenient for you please contact me within 3 working days of the date of this letter. After that the agenda date will be considered final and changes to the schedule or tabling of the application will only be allowed for unavoidable technical problems. The Friday before the meeting date, we will call to inform you that a copy of the memo pertaining to the application is available at the Planning Office. Please note that it is your responsibility to mail notice to property owners within 300' and to post the subject property with a sign at least ten (10) daysprior to the public hearing. Please submit a photograph of the posted sign as proof of posting and an affidavit as proof of mailing prior to the public hearing. If you have any questions, please call Leslie Lamont, the planner assigned to your case at 920-5101. Sincerely, Suzanne L. Wolff Administrative Assistant forrn:apz.ph 133<.759314 79 F* LAW OFFICES -' Â· -111 [ BROOKE A. PETERSON A PROFESSIONAL CORPORATION PEB 261993 315 EAST HYMAN AVENUE ASPEN. COLORADO 81611 (303) 925-8166 TELEFAX: (3031 925-1090 HAND DELIVERED February 26, 1993 Leslie Lamont City of Aspen 130 S. Galena Aspen, CO 81611 Re: The Aspen River Friends Partnership Dear Leslie, As you know I represent The Aspen River Friends, a Colorado Partnership. Please allow this letter to serve as verification of the fact that Peter Meinig is one of the partners in this entity as stated in the Partnership Agreement for The Aspen River Friends. Should you need any further information regarding Mr. Meinig' s participation as a partner in this entity, please do not hesitate to contact me. Very truly yours, 5/frofessfnÂ¥1~ corpo~ation LA A A l By: - CC: David G. Behrhorst Â» TTe A.. *LlÂ£ron Peter Meinig 1[ March 16, 1993 0 1.17/90 Ms. Leslie Lamont Planning Office City of Aspen Aspen, Colorado 81611 RE: Gordon/Callahan Resubdivision, #92-30 Aspen, Colorado Dear Leslie, The applicant has asked me to request that we amend the application, submitted February 26, 1993, to additionally request a rezoning from R-15 to RR Rural Residential. The property meets the requirements of this zone and our request to establish a maximum Floor Area Ratio, based on City of Aspen guidelines in effect on 1/4/91, of 8,500 Sq. Ft. would remain. Please do not hesitate to call either me or Skip Behrhorst if you have any questions. Sincerely, Richard A. Fallin RAFArm CC: Behrhorst SUTHERLAND.FALUN~INC. Bruee Sutterland, Preskient Â° Rietard Falling kice Presideumt Â° David Panieo, Asso{Bial(e Architecture & Plâ€ž- A a I .10/I IT.- A - _- . A -3 en, Colorajo 81611 Â° 303/925-4252 Â° FAX 303/925-2639 0 I~... PUBLIC NOTICE RE: GORDON/CALLAHAN SUBDIVISION/PLANNED UNIT DEVELOPMENT AND MAP AMENDMENT, REZONING FROM R-15 PUD ZONE TO RR PUD ZONE NOTICE IS HEREBY GIVEN that a public hearing will be held on Monday, May 10, 1993 at a meeting to begin at 5:00 pm before the Aspen City Council, City Council Chambers, 130 South Galena Street, Aspen, Colorado to consider an application submitted by The Aspen River Friends, c/o H. M. Int., 5810 E. Skelly Dr., Tulsa, OK 74135. The applicants are requesting approval of an amendment to the Subdivision plat in order to eliminate Lots 2A, 2B, and 2C and consolidate them with Lot 9 and a Map Amendment for rezoning of the new Lot 9 from Moderate Density Residential Zone District-Planned Unit Development (R-15 PUD) to Rural Residential Zone District, Planned Unit Development (RR PUD). Uses permitted in the RR Zone District are: detached residential dwelling; farm building and use; nursery; greenhouse; home occupations and accessory buildings and uses. The Gordon/Callahan Subdivision is located on Crystal Lake Road, Aspen. For further information, contact Leslie Lamont at the Aspen/ Pitkin Planning Office, 130 S. Galena St., Aspen, CO 920-5101 s/John Bennett, Mayor Aspen City Council Published in The Aspen Times on April 23, 1993. City of Aspen Account. 1)4 CITY OF ASPEN PRE-APPLICATION CONFER~494 SUMMARY PROJECT: 04, 73 (1-ttl-1-iut/nu.FY-%30(Gnf4 ft,kthÂ« APPLICANT'S REPRESENTATIVE: Â«9018 91) 0 11.400 3-4 REPRESENTATIVE'S PHONE: 4 -- 4 9 9 -7 OWNER' S NAME: ~- S CLE <2> r.) ~ "A 4. i \,1 t/C + r i 2-,v 1LQO SUMMARY 1. Type of Application: 54(3lp - POO (47,1 1,1 ~ 14 2. Describe action/type of development being requested: 0. 3 1 \ \A n (~f NUL,vupt ., ~ CO 1-) 465r- re iLLLE XA_~~- LeÂ© 4 9 /J J''vÂ« 02Â»41 4, culti-ort-trrlt_ fÂ®-2 , ex-'1~-11./4 l_Luf,-1-t.,Jud_, \61.-u-e_t,-vÂ·~ 1.,, j- -f a A ,_-0 4 1 5 ~04- 3, 0- 7-3\ 60-j .1 &-f\Al tb (11~13 1 rk L Ur re b\[ 1 0 1- tÂ»4.A 431 - V 3. Areas is which Applicant has been requested to respond, types of reports requested: Policy Area/ Referral Agent Comments t),4 x ct_ opt. _ 0,(,4 -<---2,~A-r--) r (Â©k--G-Â·-(RILLL,f / r. /./->4:9 1 - 77./9'4.1 - 0 4. Review is: (P&Z Only) (CC Only)~-(3&.*-then to CC) ~ '-PE 50 Public Hearing: c.(-VE (NO) C 6. Number of copies of the application to be submitted: 13 7. What fee was applicant requested to submit: j, 214 /-0.34/4//d 8. Anticipated date of submission: f14 /9 9. COMMENTS/UNIOUE CONCERNS :raÂ»-44. ~. of) 'flji f nAU.~v,~ (_p ~~ n Â£5.-1 10 6 21 ,~.2 - --T ~ I~ p- S < frm.pre app & 1 i - 4 \ 1,0 4/ 2 --0 7- 9--11+YI C ~ 1 '44~ \ 1 41 '4- X C i (3 -3/ \ k < \\\,0 0 \21\ â€ž 1 j , f /.4 -2 1 . f 3 /i 1 /1 2 1- - -------\0 -\ 1--- ,Â· '/ ~ i ; 1 . \1 1 - ~5Â¤77=- 4 4 N\\ N N r ; . //h '1 2 ,J -, Nx h j \ \C 't- 1,/ j f t . . 1. O r- '3 - / / Iii: NOTE:Trail to bestaked.-h. Eagineeg- --~ ~-1 ~ / 1 J\\ / priortfo construchon <.).1--- 1< ci~fi:-1)1, .1*f ; *N - 1 â‚¬ 1 1 / 11- \ // 1 - 7/15 / k U / / Â»- / / 4 /1 6 k // 4 4 \ 1 / 1 11- 3 1< a 1 ~ 10-1- / 1- , 1 \t' I 3 17 11 \ / 1 // / -t 1 24 1 1 , / / \ f \\ i .9 #9 1, 0 1 .-3//h A ' 3-- ll . 7 4/ p 1,2 1 Z F< - v~~IÂ»Dz>,SbrV / 1 , , / /4 - f -0 , V 3 1 ~ 1 / i / 2)0 A I.. -, I// 41 7 ' 4- \\\14 , r. - 1 :/7 5 j / /lt Matjl \ / 1\ f -t. 1 - 1/3.y M 44Â«2 / . / /V ' flush to - 3/ / 1 + 1 - ; tra, i j \ / odstlns 1 14" i -1 / C / 1 , f 7 W - i li W ' 1 N . ./ ~, 1 . / , 4 - / 171 1 . -' \ TO.C.Trail at I jl - ~ t jtjl i )$ i- 4 li .414 1 1 1 A.* . 4 (11// 1 0949-7/ 1 , j /i ; /fl h Jl- 1 h ----, --1------ ///ff/,//45> I / ND I .// 'Â« SEE ABUTM*IT DE-rAIL SHEET 2-/ ~OnÂ«fi--Iyx- ,} /, M'/1\ 1.1 44-4----% 1 / /- 7-6 Sh 4 X 1 1 // 0 Ki# ~ abutment = 1.-- %*G -.Mj%-*%.*.*SM- --% 1 J C -- / / Cover all disturbea . / \4 2)1 11INC P --- ///9 //-/.-04 - /e '. areas wl min e f,o-Flsoib\) 4 -ap 1 1 u.1 .. t @C k reveget,35,2 vÂ·vhia,tive 1 & - i~ , -- ~ ~Â«1 , *t- 11 I .gW I --, m / 1.1 i .31\ 64 1 1 1~ .2 ? I v grasS seed 'andiol shrut,4 - , - 1 , . N % - - / ff H ~ AN) '. %. 1 1 \ / p,/fi--- 1 / E ' // j l. Al \ 0 11 1 - / - , , 2./~%=rl;,r'fpact ng Â°- .4~44.7,~,411,-ff Y -4 L,O, T 79GB - 1 10 .45 too JA' Dogp , , ~4- -Â·7 3*iu~~.i'-- 11 - ~ . ,/1411 4 --Ut>39 32iz--Jck~~Â·Â·.- . 1 - -\4111 Mâ‚¬Ld .. .w 'Â· nels *__ . .. along base of plhngs ----Â«7>J :~(B K<il- --- Â»I~:.-L.. 4 C X ~<F ~< ~ Cover all disturbed areas T e '72 # 1 ' 7 -- fu J 111|ill,11 1 -11 44 1 -11 -1 Aspe , 14Â«-1 -Â»Gf, / y <revegetate w/ native l lâ€žÂ· - <819' ' r.--v--1 11Â£,~9-04Â»22=\--21 ~~-*<(2--2-.can- ~YE- - FSvÂ«3-e~ â€¢utf F~arâ€¢< 6r~lge - 7 1 . 1-% , wi'thmin.60' Topsoll 4 7- t 0 111/ \\ x to f pre. abricated brid e 4 11 4 grass seed and . ~ West edge of/ 1.22,--,- t be supplied by#le Gitv of Aspen b , ' e ' T 10-A' :51,rubs - 1 2 -- --- ./ \ 1 board walk to be i vff-4...-:m -..-. - Il b' / \ located at west i.â„¢tiS,4:turb.Nk / b _cr-z>â€¢â€¢,. . _ NeY>/08 wide N.E.5 LOVER EA ' ST Nk 'f L' -hurag<11 %1, .,1, 4 - \ edge of existing 1 AY+0-*â€ž 1 , .1, . ortfAvegetation/ SEE DETAIL ~ A.).hÂ«, t, --48" Niling HEXOGATe 0Â¢(T#4 RAILIU)AO TIES '4 fall' brown Concrete (*306) Col> 64-es ~ 12' trail easement j .. 1,2.4. 11 =te,1,20956. tin @raÂ¢fk -4 2- ~ SHEET 2 I \ 9 Yli, J C / .--1 1 . 4 trail with UTE PARK- 'f' w " I'/ '4 3,- '. ' . 2191.avel 0.1 - /0.47 shoulder 326-3*2-- i /1 0 Â». f//6. ty / , 1 Do not disturban e tv 'L' .- 1 li, 4 . 4.' .t - Â·New~C' wid# Boardwalk t-r~74b",r>44(000. Trail 31:fYILS , ' 0 & Nevv.7 <1 vegetation outs,A "1 Â»0, . 'h~â€¢c'' \- ./. f- ,11 6-- "/ rli# umm 3* -4 - / 6 Â» "' -5.4 9 .0, / - k . . 14 . / i \\4rvicebeAy 1 foo,n path ,T /~,1, 3 4,,f o/ / , 14' \ NQhrjbs j . - I, , , V. . I ./ . - 1/, 11, V, ....... 1 - /, . - , /- - 1 ---4---3 4 - ' I , . -. '.1 . /-- --I /, 0 / Rock I - - --... --224< b- Dir --' .9-0 4--'KY- -/-lE ETA L HEErg .. --i d "U L.3 ..1 Â» /,/,V ..1 11, ' b i 8' wide 212 'DI ST U - , $ I-,fi , d brown concrete (#306) + a -Ta , trail with 2.' ' 4 -,m~, Â·r c -1 - 14' ' - / M 19 / 1 .1, -1--0 4 / - Dirt -rAt 4\ -1, / , â€¢t' gravel shoulder ..1, / i - -S/--Inde ///2 0. 2229Â«\ 1 114\-- 11-+~ .*-J. -* #.* SEE TYPICAL CROSS 1 / 1,1 / W - - SECTION SHEET 2 V, -- f ..f \ 3-91 - / -I .201 -r + I ~ w .y + V -I. + -K v ~~- *Ungj~ZQ-d' (ReÂ«rc'[d~-tiFE~*&441/ / 11 f / <-3---- - - ~~24 - < // --N. -/__._. - 9 1.--1--- 1--- , /47â‚¬4.---9.,0 0 -.. - <--- --22 -- 27 2 -11.--v-*2"sloorl,~.v tlw/- _112=~Â«-Â£52~w. " 4.-A".../ -*257 /% % --0- -y, . -Add fine arUS-spruce a ----- ~~~~~3~~~~f**~t 41 WettmfiL_ -- - 6 .det#i-43 - ----h. Â«flit) 12,50 fil~~~-----1 1 -- lk--- I ---1 j \11 i f f / f / 17, , \ \ 1 - - %*,Â£.-*k-(%fEE*fle /// /31/,51/0/ /4 ././ .../ --,/, 17%- - W----Ill--- - /// /151 / % , //1-//1//// 45 --z #st~. 5132 -<, ir 3 1 1 i , 1 1 f - I ,< 1 / / %SK-~ ~WW-1 -----IM..-i- - t g C 1 -Ji 1 / i // il-/ i f- 1 l - i / I <(A \ 1 01 Ill = 20 \ C . f,11 1 \ \ 1 --- --- ----- Â«291Â«i-n~f,4/ - City Council Exhibit 32> Approved 4124~~- ' 19 9,2 Sar i Ls alk ic? 93 By Ordinance <o. AS 1 - - Reireabon Engineering &,Flannipg Â· 485 ArapahoeÂ·Boulder, CO 80304 , , c~.~, 0~--~j)en fluff 7 .~ Roaking Fork River Tail TEL/jJFAF (303) 440-9268 1 ' \ - ~/ Ute Frk through Gordon/Callahan Subdivision 1 / \ f Rev.Jur e. 993 / I 3/ i / , May 1993 SI--~,SÂ·~'T---- k . , lili......~ 4 5 1 . 3 1 2,? 0/ , , ' Centirtine Pidestrian Trgil Ji T. 1 ,/\ O . .. 0- T 9, I ..4 \ A pideshian trail situated lin Siction 18 Toumship 10 South. Rang, 84 k ~. 1* , 46 ~â€¢st 0/ the 6th P N., the cintertine of said trf:,1 being moN i . .~ 1 2. 61 4. 4.,W M 1 -924 SubdW,sion as Ned in th. .cords of U. Puke~ Couâ€¢,ty czeÂ¥* C..d padicularly deseneâ€¢d as /bUows , - 74Â· 03> Beginning at a point on the East line of Lot 9 of Ute Place . ' 0 \ Recorder whince thi Northeast corner of said Lot 9 bears North 00 . digries 21 minutes 00 slconds East (N 0921'00' E), a d,stance of \ 7 UNE# BEARMNG DISTANCE 4.55 fit; thence L 1 N 00.2 1 '00- 6 4 55' South 66 degries 27 minutes 08 seconds East (S 66*27'00' El a Â£2 5 66'27'08' E 13 78 L3 S 49Â·59'Â« E 39 89' *stanci of 1 3.78 Joit th-,câ€¢ /4 S 09 23'OT W 23.41 South 49 dignes 59 minutes 48 seconds East (S 4959'48" El a 20/ .9 i ~~ ~/ le S 36*56Â·JT W 9.27 distance of 39.89 /4â€¢t thence L5 5 21-43Â·5r w 6.40' L7 S 1449'13- W 12.77' South 09 denis 23 ininutes 07 seconds #st (S 0923'07' ,), a l8 S 3735'1 r W 16.29' 19 S 1930'49- W 11.69 distance of 23.41 feet thence L 10 S 06'06'55' E 18.18' Â¢ LI S 1 r48'447 W 22.58 South 21 degrees 43 minutes 51 seconds list (S 21~43'51* Fl a L 12 S 0909'56- W 34.44 distance of 6.40 feet thence L13 S 25'39'Of f 10.19 1 t.14 S 04'37'55 w 18.51' South 36 degries 56 minutes 37 secoruis hst (S 3Â¢56'37 11 a L 15 S 0815'06 E 66.16' distance of 9.21 feet; thince , .1/1 I '. h Â£ 16 S 16'30'34' E 50.37' South 14 degrees 49 minutes 13 seconds rest (S 1449'15 4 a L 17 S 0374'4~ W 18.46' ,ii' ye ' . L 18 S 1 6~01'24~ E 8.06' distance of 12.77 feet; thence Â£,9 S 28'32'39- W 14.97 L20 5 13-05'34- W 51.28 South 32 degrees 35 minutes 17 seconds West (S 3235' 17' F). a L21 9 10'05'16' C 12.58' dâ‚¬stance of 16.29 feet, thence ..44 3 A ~ 622 S 23'30'Â« r 44.86* South 19 degrees 30 minutes 49 seconds Fest (S 1 930'49' Fl a j:, *stance of 11.69 feet thence 44 Lot i n 3 / South 06 degrees 06 minutes 55 seconds East (S 0606'55* El a distance Of 18.18 feet thence R t k \ Â® South 17 degrees 48 minutes 44 seconds Fest (S 1748'44' F), a (1 - 'i h. distance of 22.58 feet: thence 4 1 < , South. 00 degrees 09 minutes 56 seconds â€¢est (S 0009'56" 11 a datance of 34.44 feet thence 2 4 South 25 degrees 39 minutes 01 seconds East (S 2839'01* El a h ION / 1 ~ distance of 10.19 feet; thence 1' '62.Al,/71 4 South 04 degrees 37 minutes 53 seconds rest (S 0<37'55 14 a 4 < distance of 18.51 feet; thence ../."Mi Â£11f.th> ; 3 ; South 08 degrees 15 minutes 06 seconds East (S 08 15'06" E). a h 9 *stance of 66.16 feet thence Lot 1/ Â· 1 South 16 degrees 30 minutes 34 siconds East (S f 6'30'34~ E), a l / 4 7 *stanc, 0/ 50.37 fiet thence ~ South 03 degries 24 minutes 49 seconds Vist (S 0524'49' Fl a ~ Corion,Â·*a,flaken Subriz'uezbe distance of 18.46 fiet thence South 16 degnes 01 m,inutes 24 seconds East (S 1Â¢01'24" E), a *stance of 8.06 pet thence 94 9 South 28 degnes 32 9â€žinutes 39 seconds West (S 28'32'30' 13. a 11 1 distance of 51.28 j*â€¢t, thâ€¢â€¢câ€¢ .. ~ \~ South 13 dignes 05 r.*nutes 34 seconds West (S f 505'3< *1 a 1 ./ South 10 Agnes 05 â€¢ninutes f G sâ€¢conds East (S 1905'lf E), a South 23 degr-s 30 m*nutes 43 seconds East (S 2530'45 E). a 101 0, dWane, 4/ 1.2 58 1914Â· Mâ€¢neâ€¢ L firtance of 44 86 flit to /4, point of t.mmut =Aine, sall /'arcel /1 ~ North,ast cornor of Lot 9 6-rs North 04 di,r..s 50 minute 38 \ s.conds ..st (N 0,50.3. .1 4 distance of 469.07 >.t ( Bic yrte Trail / C ., 14 1, \ 0 .,11 4 1 1 r. '. , M . 1 *m...4 41 4 3.F '41 - i $ f â€¢ A . I m 4 9 1 e l'~0* FDot Vide DiC~elâ€¢ and PYdIsÂ¢rian T,N:U Easiâ€ž#I,d , r., \ 1 Owner Ureey didicates an *Ntsâ€¢â€¢w,U /Or a Dievete and . ./. :I n pâ€¢detman trail situatid m bl, Coito,WCh#ahan . 2 14 d - Subdivision as Ned in thi Ncords of thi Pitkin County Clerk *d 01 9 4 0 \~ ~- Riconion aa, er Aspi. dow:* 4, Atte; State â‚¬/ Cato,ud* 6,14, 7 twelve (72) feâ€¢Â¢ in uid#A su (6) Mt on .ach sid. of thi yollowing N. descri*ed centertin, ..4 \ 18, Beginning at a point on tAi Vest li- of said Gov*,v'Callahan . .Fubdivision whence thâ€¢ Southruist corner of Lot 9 of said e \ \ Cm=knjt'auaban Bubdiva on 6,ars South 01 d.m.s 40 metuhs 00 * 1- 1 x 4 x \ seconds rest (S 01'40'00' Fl a distance of 21.22 het thence North 68 digries 23 ntinutes 59 seconds East (N 68'23'59' El a 0 14 1 1 T distance of 47.24 feet, thence 1 North /0 dlyr,os 3-6 minutis 48 -conif Ast /* 10*56'48~ â€¢52 a 3 x \ distance of 26.19 feetÂ· thence North 10 degreâ€¢s 49 minutes 30 wconds West (N 1449'30' 11 a distance of 34.82 feet th.ne. North 29 degnes 18 minutes 07 seconds Vest (N 29'18'07' 11 4 '. distance of 28.47 feet, thence - North Ni degnes 12 â€¢ninutes 47 seconds Vest (N 1812'40 1), c d f 't North 32 degrees 20 minutes f 4 seconds Fest (N 3220' 1 I '). a distance of 36.96 feet, thence .' I : P<ircet A dâ‚¬stance of 25.41 feet; thence Pedestrian Trail North 38 degrees 30 minutes 50 seconds Vest (N 3830'50' F), c \ A Â» distance of 32.38 feet; thence LINE# BEARING DiSTANCE L2J N O1-40'00- E 21.22 Â£24 N 682359" E 47.24Â· North 10 degrees 41 minutes 56 seconds West (N 1(r41'5â‚¬f W). L Â£25 N 10-56'48- W 26,19Â· , L26 N 10'49'30" W 34 82' distance of 51.78 feet thence L27 N 29'18*07 W 28.47 North 13 degrees 29 minutes 21 seconds East (N 13Â»29'21" E), c 128 N 15-12'47 W 36.96 0 J, 4, 1/ . .67 1. *stqncâ€¢ ef 18.82 Pet thence , lEi i j j ~1 1 1 11,412 11 1 Il{ 1Il '11 1, U Il 'f la l, i ,iril Fic ililiojr ig' 1 10/ r.y I Cm j 1 44 -l 229 N 32'20 14 U .5.41 Ls Â£ m v vr 10'50* w 13 18Â· North 21 degrees 39 minutes * s,(8*45 8451 0 21'33 I L.11; 11 j . 11 1 1 , 4 L31 N 10'41'56" W 51.78' L32 N 1379'2r E 18.82' distance of 51.49 feet,Â· thence L33 N 21Â·39'22" E 51.49, North 20 degrees 44 minutes 08 seconds East (N 2944'Of E), L LJ4 N 2044'08" E 34.06' 2 Â£35 N 04'11'14â€¢ E 55.97' distance of 34.66 feet, thence ..' - ! /36 N 1 7-50'49" F 28.OR' North 04 degrees 11 minutes 14 secoâ„¢is East (N 0411'14~ E), 2 LJ7 N 88~50'00- W 5.04' 1 '9\ distance of 55.97 fietÂ· thince '.. North 17 degrees 50 wdnutes 49 seconds East (N 1750'49' E), c 5 distance of 28.09 feet to a point on the North line of said Gordon , Callahan SubdiveÂ·io,~ the point of termlinus, whince Uâ€¢ Southwest cornerÂ· of Lot 1 of the Gordon Sub*vistion as filed in U. records of the Pitkin County Cterk atd Recoirier, e>ring Che san,9 as a North AP of * said Con*,vtandan Subd,vision bears North 89 derres 50 minutes 00 1 1 siconds â€¢est (N 88"50'00' W), a distmwi of 5.04 Mt The sidâ€¢hnes of saâ‚¬d .ase,rwnt ar, to be leâ„¢,thened or shor~ened to Meâ€¢t â€¢ th, :a Unes of sa.d subdiv~sio-. 01 11 11011 111 millm 15 011 mf F 10# fmflf m Ir M 30' 60' 90' !1{ Ar<4 19 M,f t"MI fasâ€¢mâ€¢â€¢f and Lf... Arm* mo,*d in AJ __. j at pagi --- Â¢ m..corots q, Aain cou,Jv, co}o.JA, IA; 1611#U 9 @hifh Scale 1" = 30 Jeet an, incorporated herein by this r,/br,nce. C C. Ay eOu,uci . Â£ E~ 4, 6,4- 8 1 C .3,{ ApPROVEO -7//2.)91 i i Kesolu-64) 38* SER, es 2 1973 r l â€¢ .'.I NUM- SURVEYORS SCHMUESER GORDON MEYER INC. BER - REVISION DATE BY Job - 93 082 SGM Bm"ZEMS R,v,xed Pwdistrian Truit Ligal 5/tom RF Bike Path Or- A R.F. L li- 1001 GRAND AVENUE, SUITE 2-E GLENWOOD SPRINGS. COLORADO 81601 Exhibit B & Exhibi 5/13/93 003) 945-1004 (FAX.) 945-5948 1 -I- Survey -r. hy: 1 I OF 1/,1 GORDON MEYER -~*4 SCHMUESER ~ ASPEN, COLORADO (303) 925-6727 , I _h, 270'3'flu Jrl- -~LL.. . 1 . I '1 L4 45 <â‚¬ Ute Place Subdivist, 1 Seo 3 10' 31: 56 1993 ' .1 4/4 .,--- ----- -- ----- Roan n Fork River-ftal L *v U te Park to Cooper Street 41...AL %*F,4343*Iflf-143~-2'Â· .4*AVAL.1/ 'f~ : f-- .-,4:Â«13#Â·Â·-Â·,# 11Â·9 Â·Â·bpla# Â·ine-= 1- City ofAspen, elorado b.8-k<(%r ' *:.9~- - 1 4 3.ifj2 .02Â·Â· p - ul_- ms,~ '..-f. *b, 2\ fk'>Â·2/Ff<3*z~-E':333 L tÂ·, Â·2#u:2 ' I ~63~-Â·Â·2~Â£~_* ~02 4-~Z-4-5-\. J tÂ»L.~ *Â»1. \.~tfoete'll_ Â·Â·uÂ»:'49::--3\4 (0%3E~,0.*,3~ 791_~,1~ .flitâ‚¬7~3 : p-Â·.x.~.-,1~~.F~~~.~1- <,4% fr\GOLF COURSE V Â· )76? Â·r 250Â·If }>rE 1 1.7 r voirET ' : 4-& M:t i 1 4 2. ~'it._,,,-/L '~i~:,~ l:i~>.-il LOCATION 9 . ; /:ffip.mdefdt,: 2 ../.- I.\ 0 4, Fl.Â·'7*9,7(\'lk:* 1 MAY 1993 j VA h .Â·~20!:U?k*Â«FleÂ»~1,4.44 ~ ~2-Â·,D lib.. r.'19*21!5~'1 .f - \cy 4 4 CL-~4~~**%-1 641..:23 .0 --.7~3?d;ift F,-t~'', ( ~,j~'J l -l in- LA.1.Â·$00022--:..i.~~.=: ,;Iiâ€¢:~tr-.2,4.~.~4,41*Aa?0.,. 1 ,1 ...3 .*-ArgliÂ· 7- - Â»1-24'U bvitÂ«te<392.9.1.36.:9-4 - -,1 - ,)1 - 1"\,~< 34'.3.-F. r. 32-4 , ~ 4 '.-1,..11:..fi .â€¢ U - t n I . I / ..:14_21<. , i.1 - kcl.44+ U= -- ~ 74:04Â» 34-Â«of,_-,Â©'..432Â£i,XJff 1 xt\' 45 4 ,/1 *;Â»~41/ v/;,)3.~Â»~~41,/Â»~,~-.4 ~Â· - -*'--A-gui 241 514 fRN'~ ' Ly,- C~ n I C I k 4----=11â‚¬7-3 tr---11 3.':;5EE#*f./77'~ (We Cti fr-*- ptkklp,>Â§214446-ww-vâ€žm-~im wnin r'-m-3*ZER/1 17 ~~+6624 -2 fiCÂ¢ 67/6 42 .24-1-1Â£ F/i/<71 1Â·: 17Â·:\ d' I ill b IZI P,1 LANI hay L..\11 - 91/1 Â·,1 T./ ROARING FORK RIVtR TRAi L: f Â· NMI 1,-1 â€¢ 1--\, r'=A |3<2 1 j N i '11,3?~ L/ *bi -- / Â©:i ~41 ~ c>-u-,u,~*i~jp~u~Yy' r"1 /1 ~ .ity Council Wilbit 33 911-4 M-7913, ipprovid 1,4,411- , 1*~Â£3 1 --LJ/Q '11 /3 1 1/ p -MI'â€¢*inia/le/ R - - -= - -- .~~ SHEET i Ute Part< througn uor,ion Oll,han SubJ,vision i -PLAN vIEW 1-- 9/W'Wir.. ap ' ,Â·1%41,~ 444~10Â·Â·Rf'tithâ€¢. ,' . .a 1- '4*1,â€¢i,-,".Q#:1:11211'.-4- 041 - 2 8. SHEET 2 Ute Park Bridge - PROFILE Ute Park SELTION VIEWS & DETAILS 'Â·~Ml'> 4-'1'~Â·~,4 9 SHEET 3 SHEET 4Â· SHEET 5 - SHEET 6 RECREATION ENGINEERING &L PLANNING 485 ArapahoeÂ· Boulder, Colorado 80302 Â· (303)440-9268 City Of Aspen PARI<S DEPARTMENT 130 South Galena Street Â· Aspen, Colorado Â·81 eli MESSAGE DISPLAY TO Ross Soderstrom CC Engineering DRC From: Rebecca Schickling Postmark: Jul 22,96 11:54 AM Subject: Reply to: Lot Line Adjustments Reply text: From Rebecca Schickling: I would like to look at Callahan Subd. We have a trail easement on that lot and would just like to see their plans. Thanks. Preceding message: From Ross Soderstrom: I have 2 lot line adjustments for review, these will NOT be presented at the wkly mtg. 1) Callahan Subd, lots 5 & 6, owned by Warner Bros. and Warner Bros. Records, to relocated the swimming pool from lot 5 to lot 6. All easements preserved as existing except private driveway easement that's vacated. 20' centered on H20 line, 10' centered on gas. 2) Aspen Grove Subd, lots 3 & 4, Irving Shechter owner, to define indefine lot line and establish minimum lot size. Util easements on side lot lines are 7.5' ea side of prop. line; these shift w/ lot line - is that problem for util's? Util's, pls RSVP. /. #362897 11/04/93 11:25 Rec $50.00 BK 729 PG 511 Silvia Davis, Pitkin Cnty Clerk, Doc $.00 EASEMENT AND LICENSE AGREEMENT THIS AGREEMENT, made this '4/r" day of ll-.ue,u,A-to, 1993, by and between THE ASPEN RIVER FRIENDS, a Colorado partnership (hereinafter "ARFP") , and THE CITY OF ASPEN, (hereinafter "Aspen") . WITNESSETH WHEREAS, ARFP is the owner of certain real property situated in the County of Pitkin, State of Colorado, more particularly described as Amended Lot 9, Gordon/Callahan Resubdivision, hereinafter referred to as the "Amended Lot 9"; and WHEREAS, the parties are desirous of agreeing upon the use by Aspen, its successors and assigns, of an easement on ARFP's property for a pedestrian and bicycle path hereinafter referred to as the "Easement" on a portion of Amended Lot 9; and WHEREAS, the parties, by this agreement, wish to make provisions for unobstructed use of the Easement for purposes set forth herein; and WHEREAS, ARFP is also willing to grant Aspen a construction license upon portions of the Lot, upon the terms and conditions set forth herein; and - - NOW, THEREFORE, for Ten Dollars ($10.00) and other good and valuable consideration, each in hand paid to the other, and in consideration of the mutual covenants and conditions contained herein, it is agreed as follows: 1. Easement. ARFP hereby grants to Aspen a perpetual, exclusive easement of ingress and egress over across and under a portion of Amended Lot 9, as that portion of Amended Lot 9, Gordon/ Callahan Subdivision as is more particularly described in Exhibit "A" attached hereto and incorporated herein by this reference and which may hereinafter be referred to as the "Easement Area." This easement shall be used for pedestrian and bicycle use only, subject to the following terms and conditions: (A) The easement shall be a total of twelve (12) feet in width. A maximum of eight (8) feet of this width shall be a concrete only paved pedestrian and bicycle path tinted brown to match native vegetation. This tint shall be Concrete Products Colors #306 as made by Solomon Grand Chem Service, 1 #362897 11/04/93 11:25 Rec $50.00 BK 729 PG 512 Silvia Davis, Pitkin Cnty Clerk, Doc $.00 Inc. or its equivalent. In the event any portion of this pedestrian and bicycle path is required to be a boardwalk by the Army Corp of Engineers or any other governmental entity having jurisdiction over riparian areas, in order to mitigate any damage to riparian areas, then the boardwalk shall have a ten (10) foot wide timber structure with no railing as is shown on Exhibit "B" attached hereto and incorporated herein by this reference. The remaining four (4) feet of the easement shall be an unpaved pedestrian path on the left and right side of the concrete bicycle path. The west side shall have a two (2) foot wide four (4) inch, three-eighths (3/8th) gravel shoulder, back filled flush with the edge of the concrete trail. The east side shall be a two (2) foot wide path back filled with top soil with a finish grade to be flush with the concrete edge and seeded with native grasses. (B) Aspen shall have the right to construct a bicycle and pedestrian only bridge ten (10) feet in width (as measured from inside of the railing to the inside railing) at the south western end of the Easement Area. Aspen and ARFP agree that the design of the bridge including the alignment, the bridge and the bridge abutments, including but not limited to materials and finish, as well as any stream bank cuts, vegetation, alterations and proposed re-vegetation of the terminus of the bridge at Ute Children's Park and its connection to the existing bicycle path in Ute Children's Park shall be as shown on Exhibit 11 B " attached hereto and incorporated herein by this reference. (C) Aspen shall have the right to place a sign on both ends of the Easement Area indicating the uses to which the bicycle path and the pedestrian path may be put, and (D) Although the Easement is for bicycle and pedestrian purposes only, motorized vehicles shall be allowed on the Easement, after construction, if such vehicles are either, i) necessary for maintenance purposes; or ii) necessary for emergency purposes; or iii) motorized wheelchairs 2. Construction License. In order to complete the construction of the bicycle path and the bridge, ARFP hereby grants to Aspen temporary construction licenses on other portions of Amended Lot 9 as follows: (A) fourteen (14) feet in width across Amended Lot 9 in such location as is selected by ARFP reasonably calculated to permit construction vehicles access to the Easement Area, and 2 #362897 11/04/93 11:25 Rec $50.00 BK 729 PG 513 Silvia Davis, Pitkin Cnty Clerk, Doc $.00 (B) four (4) feet in width along the length of the Easement Area for access and construction of the new bicycle path and bridge written on the Easement area, (C) a staging area, as defined on Exhibit "C" attached hereto and incorporated herein by this reference. These licenses shall be subject to the following conditions: i) that Aspen shall give the owner of Amended Lot 9 written notice of the commencement of construction at least thirty (30) days prior thereto, and ii) that Aspen shall fence the staging area with at least a staked wooden snow fence prior to the, or simultaneously with, the commencement of construction, which fence shall be removed when construction is completed or suspended on account of terms hereof; and iii) that Aspen may use the temporary licenses for no more than a total of six (6) months which shall be consecutive, unless construction is suspended pursuant to (iv) below; and iv) that Aspen may not use the temporary licenses in any manner, nor perform any construction upon the easement during the period from December 1 through April 1 of any year; and v) that Aspen, upon the completion of construction, shall re-vegetate, all of the areas temporarily licensed -- hereunder, and any other areas, if any, of Amended Lot 9 which may be disturbed during the contemplated construction, to a state commensurate with the surrounding portions of ARFP property outside of the Easement Area. Vi) any planting within the construction license areas done by the Owner of Amended Lot 9, other than grass and flowers, shall be removed by the Owner, at its expense, upon receipt of the notice of commencement of construction referred to in (1) above. 3. Replenishment of Disturbed Vegetation. Aspen agrees that no healthy trees of any size shall be removed in the areas granted for construction licenses, and further that it shall replace any healthy tree removed or destroyed within the Easement Area itself with a similar healthy tree of like kind and size, in the location immediately off of the Easement area directly parallel to the location of any tree removed or destroyed within the Easement area. 4. Flagging and Vegetation Within the Easement. ARFP agrees that the "flagging" of the Easement Area shall remain in place until the Lot is sold by ARFP and that no vegetation, other 3 #362897 11/04/93 11:25 Rec $50.00 BK 729 PG 514 Silvia Davis, Pitkin Cnty Clerk, Doc $.00 ; 11 than grass or flowers, may be planted on the real property described in Exhibit "A" until after the construction Of the pedestrian and bicycle path referred to herein. 5. Condition Precedent to Use of Easement and Construction. Aspen agrees that it shall not construct either the pedestrian/ bicycle path or the bridge on the Easement Area, as are referred to herein unless, and until it presents to ARFP and the then owner of the Lot, written evidence, reasonably satisfactory to these entities, that it has obtained all easements and permits, including, but not limited to all permits required from the Army Corps of Engineers, necessary to construct and connect a bicycle and pedestrian path from the existing Benedict Building to either a comparable paved public bicycle trail, or a minimum of eight (8) foot wide paved public right of way, or an improved public park. 6. Obstruction. The parties hereto agree not to obstruct, impede or interfere one with the other in the reasonable use of the access and utility easement for the purposes set forth herein. 7. No Interference. The exercise of the rights granted herein by any party shall not unreasonably interfere with the use of the properties burdened hereby. Furthermore, ARFP hereby warrants and agrees that it will not initiate, cooperate with, or be a part of any effort, on its own behalf or any other third party, either directly or indirectly to prevent, frustrate, obstruct, thwart or delay the City's current plans to construct a pedestrian and bicycle trail within the easement described herein or to place a bridge across the Roaring Fork River in a location as set forth herein, provided, however, that the City has fully complied with the terms and conditions set forth herein and in the Protective Covenants recorded in Book 7.29 at Page SOS- of the- records of Pitkin County. AFRP further agrees to require any subsequent purchaser of Amended Lot 9 to execute a written acknowledgement that 1) it has received a copy of this Easement; 2) understands that the City has the right to construct a pedestrian and bicycle trail upon the land described in this Easement and to place a bridge across the Roaring Fork River as described in Easement, and that the City has a right to occupy the construction license areas and have temporary access over Amended Lot 9 as described in this Easement; and 3) warrants and agrees that it shall not unreasonably, and without good cause, initiate, cooperate with, or be a part of any effort, on its own behalf or on any other third party, either directly or indirectly to prevent, frustrate, obstruct, thwart or delay the City's plans for the pedestrian and bicycle trail and the bridge easement as set forth in this Easement, provided however, that the City has fully complied with the terms and conditions as set forth in this Easement and Protective Covenants affecting the City property located across the Roaring Fork River from Amended Lot 9 recorded in Book 726} at Page 357)50 f the records o f Pitkin County. 8. Notices. All notices, demands and communications required hereunder shall be served or given to the respective party at its respective address as set forth below or as otherwise designated in the manner set forth herein. Any notice, demand or communication 4 #362897 11/04/93 11:25 Rec $50.00 BR 729 PG 515 Silvia Davis, Pitkin Enty Clerk, Doc $.00 shall be given by personal service or certified mail, return receipt requested with first class postage pre-paid thereon, and unless sooner, received three (3) days after the date of certifi- cation. The address of the parties hereto are as follows: The Aspen River Friends, The City of Aspen c/o H.M. International c/o Aspen City Attorney 5810 E. Skelly Drive 305 S. Galena Tulsa, OK 74135 Aspen, Colorado 81611 Attn: Peter Meinig With a Copy to: Brooke A. Peterson, Esq. Brooke A. Peterson, P.C. 315 E. Hyman Avenue Aspen, CO 81611 9. Attorneys' Fees. Should any party hereunder be required to resort to legal or equitable process for the enforcement of any of the provisions of this Agreement, the prevailing party shall be entitled to collect all of their reasonable attorneys' fees, expenses and costs. Jurisdiction for any legal proceeding shall be within the District Court, Pitkin County, Colorado. 10. Running of Benefits and Burdens. All provisions of this instrument, including benefits and burdens, shall run with the title to Amended Lot 9 and are binding upon and inure to the assigns and successors of ARFP. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day and year first above written. THE ASPEN RIVER FRIENDS, a CITY OF ASPEN, a Colorado Partnership municipal corporation /0 liâ‚¬L/, I,ADTd By: 4 N tt~yl:.1 Â£ (fl L. By: 411/ (3-0-- ROÂ¢Ek'r /. LOWE, JOHN BENNETT, MAYOR GENERAL PARTNER ATTEST: By: 44Â£.+1' ) UL- KATHRYN * RodH, CITY CLERK 5 #362897 11/04/93 11:25 Rec $50.00 BK 729 PG 516 Silvia Davis, Pitkin Cnty Clerk, Doc $.00 STATE~EF CALIFORNIA ) SS. COUNTY OF LOS-ANGELES ) -/ 924, The foregoing Ageement was signed before,meÂ«Ris - day of 7*g,#A,) , 1993 by ROBERT -37-LOWE, Genera PEtner, for THE ASPEN RIVER FRIENDS, a Colorado Partners. Witness my hand and--afficial seal. - My Commissio--E*Fires: 347/96 (30Â» *( Ler ~ Nftary Publfc \\ STATE OF COLORADO ) ) SS. COUNTY OF PITKIN ) The foregoing document was acknowledged and sworn to before me this A day o f 926Â£4)UA.j , 1925, by JOHN BENNETT, Mavgâ€ž and KATHRYN S. KOCH, City Clerk, for THE CITY OF ASPEN. <~9 al j<> 4 My commission expires: 9137196 A/b /7 0 0 e .0 Witness my hand and official seal. f. i j ... bt A Ai: YE f 4 Y , O '. 1 .... f 4-200.01'A) 1 yl No*ry Public( , l,d'~~'..,-1.- -1.r,0 .. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No. 5193 ~FREÂ»Â»NSStâ‚¬.:.~""'62":22':c"::7'r:79'.2..........599SSE25555$;S:2*SgiNS%2:2mhÂ«bh2:Rez:2ShÂ¢bhbhez2StSbh*R=2~*BSS@ f 4 1 State of California = OPTIONAL SECTION = * f 7 CAPACITY CLAIMED BY SIGNER 4 f b .\ County of Los Angeles Though statute does not require the Notary to " 1 } fill in the data below, doing so may prove ~ On 9/9/93 Invaluable to persons relying on the document. " before me, Betty J. Kenyon , .. Â¤ INDIVIDUAL " DATE NAME, TITLE OF OFFICER - E.G., "JANE DOE, NOTARY PUBLIC" -, 7 Â¤ CORPORATE OFFICER(S) i personally appeared Robert J. Lowe Â·Â· NAMECS) OF SIGNER(S) TITLE(S) 1 8 personally known to me - OR - El proved to me on the basis of satisfactory evidence ~ PARTNERCS) m LIMITED Â·, to be the person(s) whose name(st@/are [@ GENERAL subscribed to the within instrument and ac- U ATTORNEY-IN-FACT knowledged to me thaâ‚¬*sbetthey executed D TRUSTEE(s) the same in ~hedthe+F- authorized El GUARDIAN/CONSERVATOR capacityÂ¢feet; and that by Â£~*he#*hetr m oTHER signature(s) on the instrument the person(s), fi-abvi=*.*.4.4-d-*I=*-wi or the entity upon behalf of which the BETTY J. KENYON [ person(s) acted, executed the instrument. COMM. #989336 g SIGNER IS REPRESENTING: 2 , ' u.' '2: A Noton, Public - California 2 ( -Â·Â·447/) LOS ANGELES COUNTY G WITNESS myhand and official seal. NAME OF PERSONCS) OR ENTITY(IES) M <Ed,fft>&<Â·Â· Cornm. Expiros MAI? 28,1997 6 0 .lt a, j, Aspen River Friends ~~~ 1 ' (45)14- Partnership 0 SIGNATURE OF NOTARY M -'11~ OPTIONAL SECTION- 1 THIS CERTIFICATE MUST BE ATTACHED TO TITLE OR TYPE OF DOCUMENT Easement and License Agreement ~0 ' THE DOCUMENT DESCRIBED AT RIGHT: NUMBER OF PAGES 6 DATE OF DOCUMENT â‚¬ Though the data requested here is not required by law, SIGNER(S) OTHER THAN NAMED ABOVF ~~ ~:~tf~'.~hhbV+XmA~-~>v~<-%'-erÂ·~Â·7-~Â·0-'-~'7~~Â·Â·,?<-Â·b b'7>~Â·~-'~>Â·'7'Z~"~ ~~'~~~~~~~~~~~~*~~~'~~h<'<~-~â‚¬3~'~Â·Â·~--"~Cr'-Â·~~'~ ~ Â©1992 NATIONAL NOTARY ASSOCIATION â€¢ 8236 Remmet Ave., P.O. Box 7184 â€¢ Canoqa Park, CA 91309-7184 . f.3 02: try r 11/04/ 1 11:25 Rec $50.00 BK 729 PG 517 502,941 Silvia Davis, Pitkin Cnty Clerk, Doc $.00 Twelve Foot Wide Bicycle and Pedestrian Trail Easement Owner here& decHcates an easement for a bicycle and pedestrian trail situated in the Gordon/Callahan Subdivâ‚¬sion as /Wed in the records of the Pitkin County Clerk and Recorder, City of Aspen, County of Pitkin, State of Colorado, being twelve (12) feet in width. siz (6) feet on each side of the following described centerline: Beginning al a point on the West Line of said Gordon/Calta/tan Subdivision whence the Southwest corner of Lot 9 of said Gordon/Callahan Subdivision bears South 01 degrees 40 minutes 00 seconds West (s 01'40'00' W), a distance of 21.22 feet; thence North 68 degrees 23 minutes 59 seconds East (N 68~23'59" El a distance of 47.24 feet; thence North 10 degrees 56 minutes 48 seconds West (N 1 956'48" W), a distance of 26.19 feet; thence North 10 degrees 49 minutes 30 seconds West (N 1049'30" W), a distance of 34.82 feet; thence North 29 degrees 18 minutes 07 seconds West (N 29*18'07' W), a distance of 28.47 feet; thence North 15 degrees 12 minutes 47 seconds West (N 15 12'47.*' W), a distance of 36.96 feet: theme:e North 32 degrees 20 minutes 14 seconds Fest (N 3220'14* Â· 10, a distance of 25.41 feet; thence )*. North 38 degrees 30 minutes 50 seconds rest (N 3830'50Â·' .10,0 a/ - distance of 32.38 feet; thence North 10 degrees 41 minutes 56 seconds Fest (N 1941'56" 10. a distance of 51.78 feet thence North 13 degrees 29 minutes 21 seconds East (N 1529'21" El a distance of 18.82 feet; thence North 21 degrees 39 minutes 22 seconds East (N 21'39'22" El a . distance of 51.49 feet thence No'rth 20 degrees 44 minutes 08 seconds East (N 20'44'08' E), a a distance of 34.66 feet; thence North 04 degrees 1 l minutes 14 seconds fast (N 04'11'14~ E), a - distance of 55.97 feet; thence North 17 degrees 50 minutes 49 secoâ„¢is East (N -17-50'49' .El.a distance of 28.09 feet to a point on the North line of said-Cordon .. Callahan .Subdiveâ‚¬on, the point of terminus, whence the Soumwest corner of Lot 1 of the Gordon Subdivisâ‚¬on as Aled in the records of - the Pitkin County Clerk and Recorder, being the same as a North AP of Â· said Gordon/Callahan Subdiutsâ‚¬on bears North 88 degrees 50 mirwites 00 seconds Fest (N 8550'00" F), a distance of 5.04 feet.Â· The - Â· ~ ' sidelines of said easement are to be Zengthened or shortened to meet :: * the lot Unes 0/ sal~d subdâ‚¬visions. - c The terms and conditions of the grant of said Easement are more fully set forth in that Trail Easement and License Agreement recorded in Book at Page ___ of the records of Atkin Coun* Colorado, the terms of which are incorporated herein ty this reference. - 4 1- " -#362897 11/04/93 11:25 Rec $50.(DO BK 729 F'G 518 -7-- --71-2------- . 9 -/ F--Sil via Davis, F'itkin Cnty Clerk, Doc $.00 - - 1 4 9/14--204-94Â«90 1,)/ 5 Ill ... - h. Zv. f NOTE Thail *HASUa,4-kÂ»,Er19,0/29-- -7 4 / ' 1 1 / i.---~ 1. 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E,Imng 9~un,i wrl.1,2 TYPICAL BREAMAwAY BRIOCE XMMENT Ir Con<rete//th ....11-0. / I 4 -lew ....Uberri /'â€¢ubl 13Me *48'41â€¢ng su op-6 r- -p * _ 4-v ter- 6/k /3 â€¢'2â€¢'I.... la_'40 3 16 // Rou911 3,-r, timbei , 1 1- .._ 1=,-i ~8' brown jit NOTE5 TU91.R STEEL S.ILL BE 81. ir :.1... -4 4900 GRADE 8 ./. .~.tre...1-,- Al C Â·:Mn'*ri "1574.- RAIL~/ AFTER :J , '5 /2 .4 .11 %' 1=----1 tra., 4 c 4/ 7 7 UNCRE"E MAS GEEN POURED . :! . .1 1 U i I. >1- red .,houlders U . , / 3.4 - s.le 24 ...... CON'ECTIN. TO ..... 1 - 1 - -, Ro,Ir,r,3 forl,mver 91 4/ -,4 , N-4 5 ECTION A Â·A view looking doâ€¢,ns- .4. conc .4. ;+â€¢~~Mook AAE ALL *ELDED. ,, ' 1.ar @ 2.4. a C PA~ E.0 C.Â©SURE PLATE' AT 41 .1 - li 9â€¢loir 1 .90-0 -0 Gal. 9/00â„¢ r..uÂ«Â«-521$ 2 54â€¢1''4'- j END OF ALL .AILS - M D AL - 142- 4 :, 1 t=& 1 7 Rdwl.s,11 JD.4>Gb<,l#--1~ ' 9" tlâ€¢ck I loON,Ade irm.L- STEEL .... 8. SHâ‚¬, h 5,24.2.1.' 1. ,<9.0/.c._7 -~FE- , J 'AC' -4 r---:Mit ***1 buring 0/ TO eE FIEL 0 wELDE' , 2 - nÂ· 4 to,ts 2-4% Â·,d 9 \ b#*'~ :MS= i- Dll-B,~SE ..ER CO NOT D-T p-re *,T,i, We,TivE "I.IES .0 .2â€¢4%. CONCRETE \ ~- EA,Sting 9rn-d,â€¢recl "'4~ ~l.~ ~/~,t~~T L_~ ~1~~.1 0,I-,, I:'44'+14.=rrt -46- .NUNG SMAL. 8.0-TED -FLA. e 8L.â€¢Or OVE' P..... PAINT TEST --1. #fell h.11--.+4â€¢24.do~.0 bm 5.- COLDA S.ALL BE PROV~CED ./ 11 11. gil 7990/ 1 ---99Â·0 Ccy:c pler TO 'nâ‚¬ EN.NEEN ANO APPaâ‚¬~ED 480 '31.4.'"-JZ-r-'1 1 ' $ ...'' 111 te grJ- , L '-.â€¢0<WIS,or, Tj~UJ PI~OR TD ITS USE. .%242*91 1 1 1 ] ..,,6<':.. Do..r..u- fia uver) "" 2 to:e. 79-f r /|1 | 5'4 1 Â£-6 1, Buring DeU,1 SAFETY RAILING DETAIL SCALE 1,4. =M:L, I 1 tr..1 -/ 79,0 4 1' rea - f-dip Crol'Section 1 6....1/420 . .... s. (2 fhâ€¢ckmw. con~i,ie . bre-/,0- -=10/ / S.-cl' 4. 1./. 1.- d-mâ€¢â€¢ ./ry SECTI ON 8 -8 v.ew looting downst-m 0 0â€¢ ..9 ./1 â‚¬#.01>. SCALe le â€¢ 10' . /I- se/vi,/berry ,hrubs - 81 14 , -1 1 j 1 E/,/ing tround ju/9,2 -4'-' ~'1':.U le- 6.' - 157 ''' 1077--1. ....... 212 72= .' /~T~~1. --Â·u-~1.2-frr322- v.nee"9- :treâ€ž' TN'.0 ~-v,â€¢ceD'rry f=Z==11. eunon punted %Â·lÂ·~ .*Au ne,20.1,4,1, â€ž Ii," r.,1-1,~2~* --W.,-0.. f \1FV,0 9,1... b. f... 7989- r=.14 el b,- 2 [1*6---~7*VBV -*1 ve'"""' concrete<â€¢a> r - 1 w,Abledge (fwi 79,2-- Conâ€¢*â€¢<1 .~,d2~,e or â€ž,2 1 / 1.u. .~ -,4 ~.... 9... 3 LÂ¥ EfÂ·,aeer O,er I=.1Â¥ae i' wu=DW I w..0,8 .1,Â¥ e,counterel */ remui, Â¥C.,1 V./ 1,fak:j / -1~ 1 Alit.IN~ 611 r,Â·1.,fâ€žr.,1 sh)ulders 1 ell- pF-:t- 0: Z~ c,-â€¢an# 6:.1.34"ll '~U~, ./ ' ~Â»i.,a .an 6,1 .1,21%1' Â®9 "'"'~~0 â‚¬Jg< .~ ~1161-Ck. 4 7-S SHEET . - -,aling.,gij//*r TYPICAL CONCRETE TRAIL SECTION .'. -4,1,2.179& SECTION C-C v,ew teek,nq dowÂ«murn 5.CAL' 1/ . 10' Recrurion Eng,nceing& PI@n.Ing' Rearing Fork RiverT-ail --9 4 65 A.iFhoL Â· 604/cr CO 6030.L, City of Aspen Utte Park Bridge Profile ~p TEÂ¥ FA, (303) 440-92268 Ute Park Sections ind Deu,ls M.av 19933 ./.Er 23-4/817 0 *. ~Poy- 1 1 . j.. 4.4 CL l 17 .~ 79<~\~ 14:Â¥.\ t 1,:,0255â€¢4Â¢. i e 11 , t .....9 i li. J I .r"i i <A , 94 -/t Â£' I i Jit fik j. j :1111 i ~9-61,-% toÂ· 7 Â· I 1 S 8532â€¢to- w 91. '73.05. -<L <A i 1 2, . Â· ...6. , i r ': -:.r ./ *e .I.-_-,ru,voLY-L-fYL~ \ L5 .+ .4.4// 1% (4 1 . 1 . IA u ;. Lot 8 \ 1. 1 7796 SF. li K \1 0.41 AC. %1.:16 3'; Lot 9 ' & 6 . -9, 1 - \ f04365 SF. 2.40 AC. tiy ., 61 ..- i. , f ---\ r Utlwity Â£45.n,nt 1 41 ' 1014 f. / . 1 .-*--* -----1 75#r. Â· i /7 t re' 8.Acc $4469 / ES 44 / . I t; i. 0 af\Gloj 1\MA / Callahan Subdivision 1 il # s~'(10.'jÂ»' ~ 1 80.18' 4; Noiu :--Zb, E 14Â£ 6 E~R'Fl/PA-1113 --~.-rketo eney AcceSS 4 04"Â· 1 1 1 1 1 j t'T.86. .. 9 Awl-Ju/\AL dittlE ,40 S+A G.,An BREA 9-q 6 E deg f :9 44'1-~1=rib AA Jan*nt OperÂ¢ bacâ€¢; 6 * 1 ~ 4455- .57 ' 0 Unplatted 4 ARED oc- Ass/9 1, : 1 \0. 00 AC >) to I il 11 '65, r ~ d FIAL,1 j ta- 9 3--20 -93 -Â»r \ ind shall . n with . Ed**cne Out Par,â€¢t 6..98ASF \ spectively, ~ 0. 16 142 \ \240\..t 70' htness CoyÂ·nfr / \0 /Va 3â€¢ Ashir,nank J â€žP ira. mint <4 904 1Â« 1 0 0 \ #362897 11/04/93 11:25 Rec $50.00 BK 729 PG 520 'e.. re Silvia Davis, Pitkin Cnty Clerk, Doc $.00 Rearing Fork River N 07'40'M E - zil~--iy- -7: . Prefbbricated Bridge - 51â€¢ 5rrr, 1 10*tions 1"cir: between Trf Fâ€¢th 4 Bridge/ ~ - 3'-0" Bel il# 1 Concrete Bth hf l plate 92"x 6"(7'- I end only 0. i Expansion Jt. Mat'I: 2 Ft 94",(5'* 5'(Space wilhlk"clear \ Bil < befween platej) w,th I'/0'044325 Bolt-1 end only 1 0 Yik Th k.Drynki< 4 4 8~4__1~2- i 11 -1,-V 2-1-- lid , C .. 110' Aid prefabricated bridge . -3 0,4 1 [mil | :-1 1/4"dia galv bridge str,Ind I to be supplied by the City of Aspen > [(9..03*It:z=,---..w 1 7990' - ~:-942~Tu~M=,UE'f,Yit_ with eye Â¢4 wire ropedipt 1- Q 4'0 c u. end 20' length _7980i â€¢ ed sti lurface - eve to eve Rope to be nejtly - â€¢ .// -,1-LL- 1/1/1/A 7 4 lighth stapled to under- - --ip ---4- cip cir. tide of t,ridge,one endonly - ~tr//Jac-U+7227- -7- 0 - /KI -<-u-y, L.L... -15:~ Top of conc _7970; J #4@ :2'0.c. â€¢4==ZE---- 4. 14' lo 797OL 100 YÂ¢All FLOOD ELEV. = 7968' >re o 4 : .Â· , abUr. = 7972 r. (es b lL 02 I Z -1-2 Z Existll,99'1)UndsurfJce-Â· 9 ~ -~ -Â· ~_v---6, lopof conc- B 1 ~ WETLAND_S__-6-1-1-1-1.- ./DO @/20 O.C. 1 - r- 13,px culve,-t/' ~,4%, Nor DISTUR.6 keywayi e 1 f f CoUNECTORDETAIL ~ #4 Dwlf x ~~; ~ 7960L ~ca r 2 21 2 -2 -1 .- 00 J but. =7972' C.J See abutment LE,dsting Rearing Brk River -7360' 0 - detail this sheet rock 2" ~ cIr 1 ' 20 -4@Il"EW - 571. 3 SCALE l" = 10' /,4 1~4 . 1 . 79501 UTE PARK BRIDGE _7950* -1 -0 PROFILE ~ ~ _ _~_ I end only '0. .3" ~ cir ~23*3 - #4,5 NOTE: Abutments arT 11'-o"in le,19th br, 10'p#11 SCALE' Existing ground surface SECTION TYPICAL BREAKAWAY BRIDOE ABUTMENT for Concrete Path 799Q____ ,~ 98~ New servkeberry shrubs 1 ~48" rail(nj SEE DETAIL THIS SHEET NCW SeAKeberry 7980 - New ter- 3049- i. and r f Do not d I-sturb raccd stone Da:R wal i with L_,0. t/59> # 3*6 Fk Rough sawn timbers Â¥. ~Oset,us;* e~~~ettianbgon --TS 3 xi ~2"xii GAGE R .ILING vegetation Q CUT.'77 - . 1%Â¢.. l.% Ult:f j 4 vihes planted (gi brown ~ ' ~ 04 + NOTES: TUBULAR STEEL SHALL BE [ - 21410 27: | ASTM A500 GRADE B. <~Ts 0/2'x142''xii GAGE 7970- at hase Â¢ 4 8xto p:I ~blockin9 btw. Top Concrete@306)\ timbers brns. Fi -4*'O P.T. INSTALL RAILING AFTER RAILING POST trai i M/ iI ~ ~i<) (71 )1 CONCRETE HAS BEEN POURED red .shoulders 7 /< i -1 @caring Fork River each side 10 14 '*/ 1* 0 4 timber 24' RAILING CONNECTIONS TO POSTS - 9-4 x cont .4 x 244 r hook ARE ALL WELDED. #, ( bar @ 244 C. C. PROVIDE END CLOSURE PLATES AT _81/21 END OF ALL RAILS - WELO ALL 8x 10 RI -0+0' steel --.._./ 31 2 *4 x I'-4 t AROUND AND GRIND SMOOTH. SECTION A -A view looking downstream -t,mb er Rdwd. Sill 13>42<*<1><11 [r----~1_~ ~S" thick x loo'Wide STRUCTURAL STEEL SHALL BE SHOP SCALE. 1" - 10' betm â‚¬ [3--71 1 0 0 14- uddle with PAINTED WITH RUE INHIBITIVE \0 -0 O.C..--./4 Lm-J 2 - h" 0 boltS p[. â‚¬ .1 \ jL49*88 1, closure wall w/ 2-&"0*10. C $_I[1~lf\tt33fÂ·-/ 40' ledge ferstringer OIL-BASE PRIMER. DO NOT PAINT anch. bolts 1 boring SURFACES To CONTACT CONCRETE Existing 91-ound surface /44~ 1 L -11 /4/ 3//7 Ci) bm OR TO BE FIEL D WELDED. < New serviceberry shrubs 11 1... 469*---\ 1 - 11-4 * cont top 4 birn RAILING SHALL BE PAINTED " FLAT bearinl/--57*1 Â« BLACK" OVER PR IMER. PAINT TEST 1 7990- , .*51*/ k-2/000 conc per 2 -#5 * 24" dowel bars STRIP COLOR SHALL BE PROVIDED TO THE ENGINEER AND APPROVED 1:1 New -,=19 ,-0--48" railing sEe DETAIL THIS SHEEr to graved I F-----~'s" 0 caisson,Typical PRIOR TO ITS USE. 6%< 4"con+ i.,NI terraced 111 14 .New serviceberrym~eM, her ( 3'- 6 min. flâ€¢te. WA.\4,7 K. 1.g.41 Nar DISTU RB frost cover) stone vvall with 7 900. v, r,ef Pla nted m- I - , 6013 * 10 W O e 2"b.â€¢$0 4'= 4 '~ . â‚¬ il|56 ' A~ t) 4*'sting vegeUtion 1 Jrk] t LT . 20-6 1. 5' - O 1 21- G Buring Detail SAFETY RAILING DETAIL i L - 44*' Cor,ulte /*41 1 N.TS SCALE 3/44 1 1 1 80 b#"60./*f .'Akj/'1/4 bAl*/ 1 1 trail w/ i concrete 4 1 7970 1' red rt pier â„¢t Cross Sect,on shoulders SUPPO ROAW NG FOO< 62#VE,L SEÂ¥ DETAILS -*. N. T. S. 7 HIS SHFET .' 6" thick min concrefe. brown color Â¢*306 pply broom hnish perpendicular totrail. SECTI ON B -8 view looking downstream 10.01 ,,long -hu, 1 ,/'' .-6.r Â·' 0 622 . -i - -Awcut 4"joi,nfs 1~4" deep min.every CAP Sl:':E yer.2 Â·, I Â£-Vâ€¢} SCALE : 1" = I O' 1.1,-0 1/ 8 1 2' 7 ~,- New serviceberry shrubs ~ 1 1. - EAisting ground surface 1 ~~~_~-- I . dE,14:T //BÂ· E â‚¬7 TO 4 ' --- FILTEL ES 7990 _ NeW-122 9 0~~, 7 -21% ~ 4, X+L- < 2%- ~ , grod n d I , O â€¢ Exiktitl4 3/4*,MIUM raced Stone-40*44 // *all with 8584,1â€ž ,/48" railing SEE DETAIL - I , 2 1 THIS SHEET 24yA\V//*VA\9//0//49/Â» 12-9,/49/'eâ€¢/// ' *9//*WA' â€¢Wâ€¢ N ; 0 4 viiles/veg- Okil . ' I '~\1 Backfill edge w,th -tapsoil. 2 -S kle,Â·Â·0080 . Ill-752. ~*vi ,/ New service berry etation planted ~.8Ii 3.-- 1 .*'and resebushy),1 1 1 7980 =64/, DO NOT DISTU RE FRAPARED SUB<GRADE: 1 Fih'ish grade -10 be flush v D-Â·4 - a.7 -7 5 '.TE 24,9 T with trail ed e (typ.) at base and existing vegeta-tion Compact road base or use ~ xrld seed wi~ native grades on top GoncreteÂ®06) M ~ ; 91/10 1-- rown 1. * In- 1 on.site gravel material where approved J by Engneer. Over excavale (f unstable trail â‚¬ 1 1 red < sub-301& are encountered and replace 2 wrae, 4"thi'Lk ~Â«62Â·MOS with suitable fill moterial. shoulders Compact all fillare@510 90% standard 3/â‚¬" dirave| Shouldec 7970 concrete END OFPIPE 5"1 BACK./ FNOM F.Â·Â·C[ OF V.AlL proctor @ 3 2% optimum. eduÂ¢jill flush w/ (TYP) 71 4Â£16: + 1,. r See DETAIL.5 Remove 211 topsoil prior to subgrude p-eparation. trail. edge of concrete ~ ~ THS SHEET - --' - Rdanhg 1%1.:k River TYPICAL CONCRETE TRAIL SECTION NTS Typical GROUT MASONIR.y kIALL DETAIL :ity Council Exhibit_.~3 h|01- 70 *GALE .pprovedjU' 1 161 , 19-23 SECTION C-C view looking downstreaÂ·m 942-0,3 R SCALE : 1" = IO' Recreation Ersneering& PlanningÂ° Roaring Fork River 1-i-al I 4 85 Aia palioe Â· Bouldet. Co 6030.U TEL/ PAW (303) 440 -9268 City of Aspen U te Park Ori dge Profile 2 Ute Park Sections and Details May 1993 SHEET