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HomeMy WebLinkAboutLand Use Case.Urschel Tract D.A014-00 CASE NUMBER A014-00 PARCEL ID # 2735-142-00002 CASE NAME Urschel tract D Subdivision/Final Plat and PUD Review PROJECT ADDRESS PLANNER James Lindt CASE TYPE County Referral OWNER/APPLICANT Jack Guenther REPRESENTATIVE Vann Accosiates DATE OF FINAL ACTION CITY COUNCIL ACTION PZ ACTION ADMIN ACTION BOA ACTION DATE CLOSED BY 46:410148;e0404::2735-142-00002 D'''. 2/7/00 OdlYglifftsp S r $djA014 00 'E'jUrschel tract D Subdivision/Final Plat and PUD Review James Lindt 5 "r" County Referral wick.8r, rti _ Jack Guenther t m ._ .. c r Vann Accosiates A 230 E. Hopkins Ave ? gi Aspen/CO/81611 :P rn 925 6958 r, H `1,. ,:. GDMM€44 ,S a KAY ' ar'c P i-p : _v. 5 `, '` 3' 7 h4 : M r1 & �i' i 11".2 11, ST,MOINTOil Pcx (aKPG)E AD t_4 i urn . (, NA*Wh MEMORANDUM TO: Suzanne Wolff, County Planner FROM: James Lindt, City Planning Technicians. THRU: Joyce Oh!son, Deputy DirectotQ RE: Urschel Tract D Subdivision Detailed Submission/Final Plat and PUD Review DATE: February 14, 2000 The City Planning Staff reviewed the Urschel Tract D Subdivision application and had the following concerns: 1. Staff recommends that the County require that the applicant put erosion control measures in place because of the steep grades on the parcels in question. 2. Staff recommends that the County require erosion control fences on the downslope portion of the parcels during construction so that the building envelopes are the only portion of the property being effected by the construction traffic and/or equipment. Thank you for the opportunity to provide comment on this County application. ASPEN/PITKIN COMMUNITY DEVELOPMENT DEPARTMENT 130 South Galena Street Aspen, Colorado 81611 Phone (970) 920-5090 FAX(970) 920-5439 MEMORANDUM TO: Attorney Zoning Engineer Env. Health CSFS City of Aspen Castle/Maroon Caucus FROM: Suzanne Wolff, Community Development Department RE: Urschel Tract D Subdivision Detailed Submission/Final Plat and PUD Review PID#2735-142-00-002 P08-00 Flat Fee DATE: January 31, 2000 Attached for your review and comments are materials for an application by Jack Guenther, Trustee. This application will be reviewed by the Pitkin County Planning & Zoning on May 5,2000. Please return your comments to me no later than March 24,2000. PLEASE RETURN APPLICATION MATERIALS TO COMMUNITY DEVELOPMENT IF YOU HAVE NO FURTHER NEED OF THEM. Thank you. VANN ASSOCIATES, LLC Planning Consultants January 18, 2000 HAND DELIVERED Ms. Suzanne Wolff Community Development Department 130 South Galena Street Aspen, CO 81611 Re: Urschel Tract "D" Detailed Submission/Final Plat Application Dear Suzanne: - Please consider this letter an application for detailed submission and final plat approval for the Urschel Tract "D" property (see Exhibit 1, Pre-Application Conference Summary, attached hereto). The application is submitted pursuant to Sections 3-7, 6-4 and 6-5 of Title II of the 1979 Pitkin County Code by Jack Guenther, Trustee, Under the Will of Charles F. Urschel, Jr., the record owner of the property and project Applicant (see Exhibit 2, Title Insurance Commitment). Permission for Vann Associates, LLC, Planning Consultants, to represent the Applicant is attached as Exhibit 3. An executed application fee agreement and a list of adjacent property owners are attached as Exhibits 4 and 5, respectively. Background The Urschel Tract "D" property received general submission approval from the Board of County Commissioners (BOCC) on August 2, 1994 (see Exhibit 6, BOCC Resolution No. 94-128). More specifically, the BOCC approved the subdivision of the property into five single-family lots, granted 1041 hazard review approval for the subdivision's proposed building envelopes, approved a caretaker dwelling unit for each lot, exempted the subdivision from the County's Growth Management Quota System, and granted statutory vested rights which do not expire. Tract "D" was also rezoned concurrent with general submission approval to the AF-2, Agricultural and Forestry, zone district (see Exhibit 7, BOCC Ordinance No. 94-24). This zone district classification was subsequently renamed AFR-2, Agricultural/Forestry/Residential, in connection with the adoption of the 1994 Pitkin County Land Use Code. It should be noted that general submission approval and the rezoning were granted to the Urschel Tract "D" property under somewhat unusual circumstances. As both the BOCC Asoe- Cc Grano 81611 • 970!925-6958 • Far 970!920-9310 Ms. Suzanne Wolff January 18, 2000 Page 2 resolution and ordinance indicate, the Tract "D" application was considered collectively along with the Applicant's Urschel Tract "C" and Richmond Hill property applications. While these two properties were also proposed for development, the Applicant agreed to limit the development of both parcels in connection with the approvals which were granted with respect to Tract "D". The Richmond Hill property, which contains approxi- mately 120 acres, will be deed restricted against further development to preserve the "rural and remote" character of the area; the only allowed use on the property is a fifteen hundred square foot cabin. Tract "C" will be deed restricted against further development to address the County's concern with respect to rockfall hazards which exist above the property on adjacent Forest Service lands. As the attached Pre-Application Conference Summary indicates, the Applicant's detailed subdivision/final plat application is to be processed pursuant to the County's land use regulations in effect at the time of general submission approval. This requirement is stipulated in various conditions contained in BOCC Resolution No. 94-128, and is further mandated by the requirements of BOCC Resolution No. 94-68, which pertains to the processing of so-called "pipeline" applications. The applicable regulations are contained in the 1979 Land Use Code and all amendments thereto up to and including Ordinance 94-16, the last land use related ordinance adopted prior to the Applicant's receipt of general submission approval. The application is exempt from the current six month moratorium prohibiting the acceptance and processing of development applications for subdivision and/or planned unit development approval which was adopted by the County on January 10, 2000. Properties which have received conceptual approval, and approvals whose vested rights have not expired, are specifically exempt from the moratorium. As discussed previously, perma- nent vested rights were granted to the Applicant's project concurrent with general submis- sion approval. Detailed Submission/Final Plat Application Content The Applicant's detailed submission/final plat application consists of the approved conceptual site development plan, a final subdivision plat (3 sheets), a roadway plan and profile, a utilities plan, miscellaneous road and utility details, a subdivision/PUD improve- ments agreement, and the subdivision/PUD's protective covenants. The conceptual site development plan, the final plat, the roadway plan and profile, and the miscellaneous road and utility details are full size and accompany this application. The subdivision/PUD improvements agreement and the protective covenants are attached hereto as Exhibit 8 and 9, respectively. These documents and plans address both the applicable submission requirements of the 1979 Land Use Code and the BOCC's conditions of general submis- sion approval. Ms. Suzanne Wolff January 18, 2000 Page 3 Project Revisions While the accompanying final plat substantially conforms to the Applicant's general submission approval, there are several changes in the design of the subdivision/PUD which should be noted. As the plat illustrates, the common access road has been realigned to reflect actual site conditions and required revisions to the proposed building envelopes. The proposed lot lines have also been adjusted where necessary to accommo- date the revised envelopes. While illustrative topographic information was depicted on the Applicant's conceptual site development plan, detailed topography was not available at the time of general submission approval. The area of the property to be developed, however, has since been field surveyed and more accurate topography has been generated. Upon field staking of the approved access road and building envelopes, it became apparent that the envelopes were too close to the edge of the adjacent Maroon Creek canyon. In addition, the envelopes encroached upon numerous mature evergreens which border the canyon edge. To address these issues, the building envelopes have been adjusted to provide an adequate setback from the canyon edge and to preserve the existing evergreens. The setback will provide defensible space for wildfire mitigation purposes while the preservation of the trees will help minimize the project's visual impact when viewed from Maroon Creek Road. The relocation of the envelopes required that the common access road be moved further upslope. Schmueser Gordon Meyer, the project's civil engineer, was able to realign the road without encroaching upon the steep hillside which occupies the western portion of the property. As the attached Engineering Report indicates (see Exhibit 10), the revised road plan and profile complies with the County's "Country Access" standards with the exception of the minimum radius requirement. Please note, however, that the project's original circular emergency vehicle turnaround has been replaced with a hammerhead style configuration. The relocation of the access road effectively precludes the retention of the original turnaround configuration. The relocation of the access road has also resulted in a slightly different road alignment across Lot 1 of the Maroon Creek Subdivision. As the accompanying final plat indicates, an access easement was reserved across Lot 1 in connection with the approval of the Maroon Creek Subdivision. While the original easement is generally adequate to accommodate the Applicant's access road, minor adjustments to the easement's alignment will be required. The Applicant is presently negotiating a revised easement with the owner of Lot 1 which is to be memorialized in an easement amendment agreement to be recorded with the project's final plat. With the exception of the above revisions, the final plat is consistent with the conceptual site development plan. The lots, building envelopes and setbacks are essentially identical in size to those approved at general submission. No further revisions to the approved Ms. Suzanne Wolff January 18, 2000 Page 4 plan are either required or proposed by the Applicant. The project, however, will henceforth be referred to as the Skyview Subdivision/PUD. Planned Unit Development While the conceptual site development plan contains no dimensions, the various building envelope setbacks depicted thereon are inconsistent with the minimum setback require- ments of the underlying AFR-2 zone district. The applicable setback requirements are fifty (50) feet for front yards (i.e., the access side of the lot) and thirty (30) feet for side and rear yards. Given the obvious nature of the inconsistency, it is reasonable to assume that variances from the applicable setback requirements were contemplated. No specific references to this issue, however, are contained in either the Applicant's general submis- sion application or the BOCC's general submission approval resolution. To address this issue, the Applicant proposes to officially vary the setback requirements pursuant to Section 3-170-040.A. of the County's planned unit development recommenda- tions. The specific setbacks to be varied are the front yard requirements for Lots 1 through 5 and the rear yards for Lots 1 through 4. The proposed front and rear yard setbacks are twenty (20) feet as opposed to fifty (50) feet and thirty (30) feet, respective- ly. All other setbacks have been designed to comply with the applicable requirements of the AFR-2 zone district. General Submission Conditions The Applicant's general submission application was approved subject to a number of conditions and stipulations (see Exhibit 6, BOCC Resolution No. 94-128). The majority of the conditions pertain to the subdivision and development of the Urschel Tract "D" property. The remaining conditions address the specifics of the deed restrictions to be imposed on the Urschel Tract "C" and Richmond Hill properties which were agreed to in connection with the development approval for Tract "D". While conditions were also attached to the rezoning of Tract "D" (see Exhibit 7, BOCC Ordinance No. 94-24), they are identical to the conditions of general submission approval. The various conditions, and the detailed submission/final plat application's compliance therewith, are summarized below. 1. Urschel Tract "D" a) "Except as specifically provided herein, development of the five (5) single-family residential lots approved on Urschel Tract D shall be subject to all generally applicable County regulations, such as the Pitkin County Building Code; and" This condition does not require a response by the Applicant. Ms. Suzanne Wolff January 18, 2000 Page 5 b) "The five (5) single-family residential lots approved on Urschel Tract D shall be limited to a maximum floor area of 48,000 square feet to be allocated among the lots by the Applicant; however, no single dwelling unit may exceed a floor area of 15,000 square feet as defined by the current Pitkin County Land Use Code; and" This condition is memorialized in Article III, paragraph lb. of the Skyview Subdivision/PUD's protective covenants. Please note that the applicable floor area regula- tions are attached to the covenants as Exhibit A. c) "The five (5) single-family residential lots approved on Urschel Tract D shall each be permitted a caretaker unit as defined by the current Pitkin County Land Use Code; however, if a caretaker unit is constructed, the caretaker unit shall be counted in the maximum floor area as set forth in paragraph 1(b) above; and" This condition is memorialized in Article III, paragraph 4 of the protective covenants. d) "The Applicant shall first pursue connection to the City of Aspen water distribution system prior to detailed submission. If water is unavailable from the City in the opinion of the Applicant, adequate evidence of a private water supply to serve the five (5) single-family residential lots shall be submitted at detailed submis- sion; and" The Applicant's "Request for Consideration of Water Service Extension Outside City Limits" was considered by the Aspen City Council on September 27, 1999, at which time the City declined to provide service to the project. While I did not attend the Council meeting, it is my understanding that the primary reason for denial was the limited availability of water and the City's desire to reserve the remaining supply for higher priority uses such as affordable housing. As water service is presently not available from the City, the Applicant proposes to construct a private distribution system to be supplied by a minimum of two on-site wells. The physical components of the water system are discussed in detail in Schmueser Gordon Meyer's Engineering Report (see Exhibit 10) and depicted on the accompanying utilities plan. The legal basis for the project's water supply is outlined in a letter from Kevin L. Patrick, Esq. of Patrick & Stowell, P.C. which is attached hereto as Exhibit 11. As an augmentation plan is required, approval of the State Water Court will be obtained prior to recordation of the final plat and related documents. e) "The Applicant shall first pursue connection to the Aspen Consolidated Sanitation District's central collection system prior to detailed submission. If sewer service is unavailable from the District in the opinion of the Applicant, adequate information regarding on-site septic systems to serve the five (5) single-family Ms. Suzanne Wolff January 18, 2000 Page 6 residential lots shall be submitted at detailed submission. Septic system permits shall also be obtained from the Environmental Health Department; and" As the attached letters from the Aspen Consolidated Sanitation District (ACSD) indicates (see Exhibit 12), the Urschel Tract "D" property has been included within the District's boundaries. The Applicant's petition for inclusion was accepted by the ACSD on September 7 and approved by the District Court on January 4, 2000. Based on Schmueser Gordon Meyer's discussions with the ACSD, sewer service is available and will be provided by the District. f) "A culvert shall be installed over the Willow Creek Ditch along the entire length of Urschel Tract D; and" The Applicant objects to this condition as he does not own the Willow Creek Ditch structure and, therefore, has no legal ability to culvert the ditch. It is also the Applicant's position that culverting of the ditch is unnecessary, and that the cost of any such culverting should be borne by the ditch owner. g) "The Applicant shall make a total cash in lieu payment for employee housing to the Aspen/Pitkin County Housing Authority in the amount of $138,000 which shall be payable in two installments of $69,000 each. The first $69,000 installment shall be made at the time of the issuance of the first building permit for a dwelling unit, and the second and last $69,000 installment shall be made at the time of the issuance of the second building permit for a dwelling unit; and" This condition is memorialized in Article III, paragraph 10 of the protective covenants. h) "The Applicant commits to provide reasonable mitigation for any increase in PM-10 attributable to the development of Urschel Tract D which is incrementally greater than the PM-10 attributable to the development proposed on Tract C and Richmond Hill. Documentation of PM-10 generation and any necessary mitigation measures shall be proposed at detailed submission; and" Two new dwelling units were originally proposed by the Applicant on Tract "C" while five dwelling units were proposed on Richmond Hill. As only five dwelling units are proposed on Tract "D", the PM-10 generation which would be attributed to the development of Tract "C" and Richmond Hill is greater than that attributable to Tract "D". No PM-10 mitigation, therefore, is required pursuant to this condition. i) "All exterior lighting shall comply with the standards identified in the Pitkin County Land Use Code at the time of building permit application; and" Ms. Suzanne Wolff January 18, 2000 Page 7 This condition is memorialized in Article III, paragraph 11 of the protective covenants. j) "All utilities shall be extended underground. Commitment to serve letters from all utility providers shall be provided at detailed submission; and" The requirement that all utilities be installed underground is memorialized in Article III, paragraphs 5.a. and b. of the protective covenants. Commitment to serve letters from Holy Cross Energy (electric service), KN Energy (natural gas service), US West Communications (telephone service) and TCI (cable TV service) are attached as Exhibit 13. As discussed previously, applications for water and sewer service have been submitted to the City of Aspen and the ACSD, respectively, for review and approval. k) "The proposed roadway extension serving Urschel Tract D shall meet County roadway standards; and" As discussed in the Schmueser Gordon Meyer's Engineering Report (see Exhibit 10), the project's common access road has been designed to comply with the Country Access Roadway standards of the Pitkin County Road Management and Maintenance Plan. The resulting road design complies with all applicable standards with the exception of minimum radius. A radius of 105 feet has been utilized as opposed to 115 feet to minimize cut and fill and associated disturbance of existing natural vegetation. No adverse effect on vehicular circulation, however, is expected to occur due to the reduced road radius. 1) "The Applicant shall provide a grading and drainage plan at detailed submission. This plan shall describe all measures for minimizing erosion both during and after construction. This plan shall require approval by the County Engineer; and" Grading and drainage for the common access road is depicted on the Roadway Plan and Profile which accompanies this application. Individual site specific grading, drainage and erosion control plans will be submitted for Lots 1 through 5 prior to issuance of building permits (see Article III, paragraph 8 of the protective covenants). The project's drainage requirements are discussed in Schmueser Gordon Meyer's Engi- neering Report (see Exhibit 10) and detailed drainage calculations for the property are attached thereto. m) "At detailed submission, the Applicant shall provide a landscape plan, which demonstrates mitigation of visual impacts from Highway 82 and Maroon Creek Road as set forth in the Urschel Tract D application; and" Ms. Suzanne Wolff January 18, 2000 Page 8 Individual landscape plans will be submitted for Lots 1 through 5 prior to issuance of building permits (see Article III, paragraph 12 of the protective covenants). The detailed site-specific planning and careful relocation of the building envelopes which the Applicant has undertaken in connection with this detailed submission/final plat application will result in the retention of significant, existing vegetation, including numerous mature evergreens. This existing vegetation, in combination with the additional landscaping to be installed by the individual lot owners, will substantially screen the residences to be developed on Tract "D". It should also be noted that the character of the Maroon Creek Road corridor, culminating in the obviously urban Highlands Village, has changed dramatically since the Applicant's receipt of general submission approval. This area of the County is now decidedly more urban/suburban in character; indeed, the visual impact of the Highlands Village and the Maroon Creek Club has transformed the entire area. Consequently, we believe that the revised building envelopes on Tract "D" are adequately screened, and will be significantly less visible than surrounding development. n) "Development of Urschel Tract D shall be subject to County air quality regulations at the time of building permit issuance. A fugitive dust control plan shall be provided prior to building permit issuance. This plan shall be approved by the Environmental Health Department; and" This condition is memorialized in Article III, paragraph 7 of the protective covenants. o) "The Applicant shall adhere to all representations made in the Urschel Tract D Application and in public meetings; and" All material representations contained in the Applicant's general submission application, as amended in connection with general submission review and approval, have been incorporated in the Skyview Subdivision/PUD's protective covenants. p) "The five (5) single-family residential lots approved on Urschel Tract D shall be forever exempt from the Growth Management Quota System or its subse- quently enacted equivalent. One (1) of the five (5) single-family lots is as of right and not subject to the Growth Management Quota System. The other four (4) of the five (5) single-family residential lots are granted allocations pursuant to Section 5-510.3(a) of the Pitkin County Land Use Code; and" This condition does not require a response by the Applicant. q) "The five (5) single-family residential lots approved on Urschel Tract D shall not be subject to any conditions or exactions not explicitly listed in this reso- Ms. Suzanne Wolff January 18, 2000 Page 9 lution, including, but not limited to, additional on-site, off-site or cash in lieu payments for employee housing, park contributions or trail easements; and" This condition is memorialized in Article III, paragraph 10 of the protective covenants. r) "The five (5) single-family residential lots approved on Urschel Tract D shall constitute vested rights as of the date of this resolution and shall not expire." This condition does not require a response by the Applicant. 2. Urschel Richmond Hill Property and Urschel Tract "C" Conditions number 2 and 3 of BOCC Resolution No. 94-128 require that both Urschel Tract "C" and the family's Richmond Hill property be prohibited from further development. The prohibitions can be accomplished via a covenant, conservation easement or deed restriction. All development is prohibited on Tract "C". Condition number 2, however, permits various specific activities to occur on the Richmond Hill property which are to be incorporated in the covenant, conservation easement or deed restriction. The Applicant will submit appropriate legal instruments which address the requirements of conditions number 2 and 3 for review and approval by the County Attorney prior to recordation of the Skyview Subdivision/ PUD's final plat and related documents. Should you have any questions, or if I can be of any further assistance, please do not hesitate to call. Yours truly, V ASSOCIATES, LLC Su ann, AICP SV wv Attachments cc: Jack Guenther c:\bus\county.app\app38598.det EXHIBIT 1 PITKIN COUNTY PRE-APPLICATION CONFERENCE SUMMARY PLANNER: Suzanne Wolff DATE: August 23, 1999 PROJECT: Urschel Subdivision Detailed Submission/Final Plat and PUD Review LOCATION: Urschel Tract D; Maroon Creek REPRESENTATIVE: Sunny Vann Phone/Fax: 925-6958 OWNER: Jack Guenther, Trustee, u/w/o Charles F.Urschel,Jr. Type of Application: Subdivision Detailed Submission/Final Plat and PUD Review Description of Project/Development: Applicant obtained Conceptual Subdivision approval in August of 1994, pursuant to Resolution No. 94-128 and rezoned the property to AFR-2, pursuant to Ordinance No. 94-24. Approval was granted under the pre-1994 Code,therefore,the Detailed Submission/Final Platwill also be reviewed under the pre-1994 Code(per Resolution No. 94-68). Land Use Code Sections Section 3-7, Planned Unit Development Section 6-4, Detailed Submission Section 6-5, Final Plat Review by: P&Z and BOCC Public Hearing? NO Staff will refer to: Attorney, Zoning, Engineer, Environmental Health, City Water, ACSD, CSFS, City of Aspen Planning Deposit: $2,220 (additional hours are billed at a rate of$185/hour) Referral Agency Fees: $320 (Env Health) + $320 (Engineer) + $600 (Clerk) TOTAL DEPOSIT: $3,460 To apply, submit 20 copies of the following information, unless noted otherwise: l. Proof of ownership of subject property 2. Parcel description, including legal description and vicinity map 3. Consent from owner(s)to process application and authorizing the representative(I copy) 4. Signed fee agreement(2 copies) 5. Total deposit for review of the application 6. Summary letter explaining the request and addressing compliance with the Code sections listed above and with the General Submission approval (Resolution No. 94-128) 7. Draft Final Plat 8. Protective Covenants, SIA, etc. 9. Copy of this preapp form (1 copy) This pre-application conference summary is advisory in nature and not binding on the County. The information provided in this summary is based on current:oning standards and staff's interpretations based upon representations of the applicant. Additional information may be required upon a complete review of the application. L1• 777 . . . L .r:' i � ru i. .v� f -= n". , .,, • L EXHIBIT 2 Commitment for Title Insurance Fidelity National Tale Insarance Company A Stock Conant COMMITMENT FOR TITLE INSURANCE FIDELITY NATIONAL TITLE INSURANCE COMPANY,a Corporation,herein called the Company,for valuable consideration,hereby commits to issue its policy orpolicies of title insurance,as identified in Schedule A,in favor of the proposed insured named in Schedule A,as owner or mortgagee of the estate or interest coveredherebyin the land described or referred to in Schedule A, upon payment of the premiums and charges therefore;all s ubject to the provisions of Schedules A and B and to the Conditions and Stipulations hereof. This Commitment shall be effective only when the identity of the proposed Insured and the amount of the policy or policies committed for have been inserted in Schedule A hereof by the Company, either at the time of the issuance of this Commitment or by subsequent endorsement. This Commitment is preliminary to the issuance of such policy or policies of tide insurance and all liability and obligations hereunder shall cease and terminate sir(6)months after the effective date hereof or when the policy or policies committed for shall issue, whichever first occurs, provided that the failure to issue such policy or policies is not the fault of the Company. This Commitment shall not be valid or binding until countersigned by an authorized officer or agent. IN WITNESS WHEREOF,the Company has caused this Commitment to Designed and sealed,to become valid when countersigned by an authorized officer or agent of the Company,all in accordance with its By-Laws.This Commitment is effective as of the date shown in Schedule A as "Effective Date." PiJela Coeae" Th..,I_.. 601 C. ■I_p41..a A•'evae 3.0 Floor C_1766 81611 Ftdelifytcnal r[IC Cat' r'•! 9�0.o3S-1966 Phone 070-425-6529 Fan . . bY 7 /J7 �. urit / 111 g C4 '� t ATTEST Cou n cereigred ,T Au' r)ed ig ana.e FORM (ce) ALTA COMMtTOMMIT MJvT•19E6 Valid Only it Schedule A and B are Attached The conditions of Utk canmromenl remAre that Ne premium argil charge be poll peke to the brans el the title policing).Therefore,no poky())rAt be bolded wed Poe Owlet Mare been remitted to The issuing agent • IYn !: LAN J� " 1 \I1 , Jl ! . L: Po'J. , i .1 r COMMITMENT FOR TITLE INSURANCE SCHEDULE A 1. Effective Date: September 10, 1999 at 8:30 AM Case No. PCT14486C2 2. Policy or Policies to be issued: (a) ALTA Owners Policy-Form 1992 AmountS 0.00 PremiumS 0.00 Proposed Insured: Rate: PROFORMA (b) ALTA Loan Policy-Form 1992 Amount$0.00 PremiumS 0.00 Proposed Insured: Rate: Tax Certificate: $10.00 3. Title to the FEE SIMPLE estate or interest in the land described or referred to in this Commitment is at the effective date hereof vested in: JACK GUENTHER,TRUSTEE OF TRUST"B' CREATED UNDER THE LAST WILL AND TESTATMENT OF CHARLES F. URSCHEL,JR.A/K/A JACK GUENTHER.TRUSTEE, UNDER THE WILL OF CHARLES F. URSCHEL,JR. 4. The land referred to in this Commitment is situated in the County of PITKIN State of COLORADO and s described as follows: THAT PART OF THE SWV4NW1/4 OF SECTION 14,TOWNSHIP 10 SOUTH, RANGE 65 WEST OF THE 6TH P.M., LYING NORTHERLY AND WESTERLY OF THE NORTHWESTERLY BANK OF MAROON CREEK. PITKIN COUNTY TITLE,:NC:. Schedule A-PG.1 601 E.HOPKINS This Commitment is invalid ASPEN,CO. M1611 unless the Insuring 97C-915-1766 Provisions and Schedules 97c-915-6E27 FAX A and B are attached. AUTHCR:7tD AGENT JLr. U. :))) . : 4 /4441 r ! 1, ■ . LC N',,. , i•ii, • SCHEDULE B • SECTION 1 REQUIREMENTS The following are the requirements to be complied with: ITEM (a) Payment to or for the account of the grantors or mortgagors of the full consideration for the estate or interest to be insured. ITEM (b) Proper instrument(s) creating the estate or interest to be insured must be executed and duly filed for record to-wit: THIS COMMITMENT IS FURNISHED FOR INFORMATIONAL PURPOSES ONLY. IT IS NOT A CONTRACT TO ISSUE TITLE INSURANCE AND SHALL N_OT BE CONSTRUED AS SUCH. IN THE EVENT A PROPOSED INSURED IS NAMED THE COMPANY HEREBY RESERVES THE RIGHT TO MAKE ADDITIONAL REQUIREMENTS AND/OR EXCEPTIONS AS DEEMED NECESSARY.THE RECIPIENT OF THIS INFORMATIONAL REPORT HEREBY AGREES THAT THE COMPANY HAS ISSUED THIS REPORT BY THEIR REQUEST AND ALTHOUGH WE BELIEVE ALL INFORMATION CONTAINED HEREIN IS ACCURATE AND CORRECT,THE COMPANY SHALL NOT BE CHARGED WITH ANY FINANCIAL LIABILITY SHOULD THAT PROVE TO BE INCORRECT AND THE COMPANY IS NOT OBLIGATED TO ISSUE ANY POLICIES OF TITLE INSURANCE. t ,. ,:9; iU:[oAi r , Li L•i:6ii ° . ! -- ��. %,� 3 SCHEDULE B SECTION 2 EXCEPTIONS The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the satisfaction of the Company: 1. Rights or claims of parties in possession not shown by the public records. 2. Easements, or claims of easements, not shown by the public records. 3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, any facts which a correct survey and inspection of the premises would disclose and which are not shown by the public records. 4. Any lien, or right to a lien,for set-Aces, labor, or material heretofore or hereafter furnished. imposed by law and not shown by the public records. 5. Defects, liens, encumbrances, adverse claims or other matters, if any, created,first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this Commitment. 6. Taxes due and payable; and any tax,special assessment, charge or lien imposed for water or sewer service or for any other special taxing district 7. Right of the proprietor of a vein or lode to extract or remove his ore therefrom, should the same be found to penetrate or intersect the premises hereby granted as reserved in United States Patent recorded April 7,2003 in Book 55 at Page 507. 8. Terms, conditions, provisions, obligations and all matters as set forth in Resolution of the Board of County Commissioners recorded October 26, 1994 in Book 765 at Page 593 as Resolution No. 94-128. 9. Terms, conditions. provisions, obligations and all matters as set forth in Ordinance No. 94-24, Series of 1994 by Board of County Commissioners recorded October 26, 1994 in Book 765 at Page 602. 10. Terms, conditions, provisions and obligations as set forth in Rule and Order recorded December 7, 1998 as Reception No. 425224.Amended Rule and Order recorded February 22, 1999 as Reception No. 427970 and Corrected Amended Rule and Order recorded May 10, 1999 as Reception No.430872. 11. Any question, dispute or adverse claim as to any loss or gain of land as a result of any change in the river bed location by other than natural causes, or alteration through accretion, reliction, erosion or avulsion of the center thread, bank, channel or flow of waters in the Maroon Creek River lying within subject land; and any question as to the location of such center thread, bed, bank, bed or channel as a legal description monument or marker for the purposes of describing or locating subject lands. NOTE: There are no documents in the land records of the Office of the Clerk and Recorder of Fitkn County, Color-am accurately locating past or present location(s) of the center thread, bank, bed, or channel of the above River or indicating any alterations of the same as from time to time may have uncured. AND Any rights, interest or easements in favor of the riparian owners,the State of Colorado, The United States of America, or the general public,which exist, have exdsted, or are claimed to exist in and over the waters and present and past bed and banks of the Maroon Creek River. 1 ::7 ,V. 13nnl r . n. i .cb � ; ADDITIONAL INFORMATION AND DISCLOSURES The Owners Policy to be issued. if any shall contain the following items in addition to the ones set forth above: (1) The Deed of Trust,if any, required under Schedule B-Section 1. (2) Water rights, claims ortrtle to water, (NOTE:THIS EXCEPTION WILL APPEAR ON THE OWNER'S AND MORTGAGE POLICY TO BE ISSUED HEREUNDER) Pursuant to Insurance Regulation 89-2; NOTE: Each title entity shall notify in writing every prospective insured in an owners title insurance policy for a single family residence (including a condominim or townhouse unit) () of that title entitys general requirements for the deletion of an exception or exclusion to coverage relating to untied mechanics or materialmens liens, except when said coverage or insurance is extended to the insured under the terms of the policy.A satisfactory affidavit and agreement indemnifying the Company against unfiled mechanics' and./or Materialmen's Liens executed by the persons indicated in the attached copy of said affidavit must be furnished to the Company. Upon receipt of these items and any others requirements to be specified by the Company upon request, Pre-printed Item Number 4 may be deleted from the Owners policy when issued. Please contact the Company for further information. Notwithstanding the foregoing, nothing contained in this Paragraph shall be deemed to impose any requirement upon any title insurer to provide medtani= or materialmens lien coverage. NOTE: If the Company conducts the owners or loan closing under circumstances where it is responsible for the recording or filing of legal documents from said transaction,the Company will be deemed to have provided 'Gap Coverage". Pursuant to Senate Bill 91-14 (CRS 10-11-122): (a) The Subject Real Property may be located in a Special Taxing District; (b) A Certificate of Taxes Due listing each taxing jurisdiction may be obtained form the County treasurer of the County Treasurer's Authorized Agent; (c) Information regarding Special Districts and the boundaries of such districts may be obtained from the Board of County Commissioners,the County Clerk and Recorder,or the County Assessor. NOTE: A tax Certificate will be ordered from the County Treasurer by the Company and the costs thereof charged to the proposed insured unless written instruction to the contrary are received by the company prior to the issuance of the Title Policy anticipated by this Commitment. This commitment is invalid unless Schedule B-Section 2 the Insuring Provisions and Schedules Commitment No. PCT14486C2 A and B are attached. >;9 t . 16:1': vC„'i Y __ id J. :S CONDITIONS AND STIPULATIONS 1. The term"mortgage",when;;sec herein,shall include deed of trust,trust deed,or other security instrument. 2. If the proposed Insured has or acquires actual knowledge of any defect,lien,encumbrance,adverse claim or other matter affecting the estate or interest or mongage thereon covered by this Commitment other than those shown in Schedule B hereof, and shall fail to disclose such knowledge to the Company in writing,the Company shall be relieved from liability for any loss or damage resulting from any actof reliance hereon to the extent the Company is prejudiced by failure to so disclose such knowledge. If the proposed Insured shall disclose such knowledge to the Company,or if the Company otherwise acquires actual knowledge of any such defect,lien,encumbrance,adverse claim or other matter,the Company at iu option may amend Schedule B of this Commitment accordingly, but such amendment shall not relieve the Company from liability previously incurred pursuant to paragraph 3 of these Conditions and Stipulations. 3. Liability of the Company under this Commitment shall be only to the named proposed Insured and such parties included under the definition of Insured in the form of policy or policies committed for and only for actual loss incurred in reliance hereon in undertaking in good faith (a) to comply with the requirements hereof,or(b)to eliminate exceptions shown in Schedule B, or(c) to acquire or create the estate of interest or mortgage thereon covered by this Commitment. In no event shall such liability exceed the amount stated in Schedule A for the policy or policies committed for and such liability is subject to the insuring provisions, exclusion from coverage,and the Conditions and Stipulations of the form of policy or policies committed for in favor of the proposed Insured which are hereby incorporated by reference and are made a pan of this Commitment except as expressly modified herein. 4. Any claim of loss or damage,whether or not based on negligence,andwhich arises out of thestatusof the tite . to the estate or interest or the lien of the insured.mortgage covered hereby or any action asserting such claim, shall be restricted to the provisions and Conditions and Stipulations of the Commitment. • EXHIBIT 3 September 4, 1999 Ms. Suzanne Wolff Community Development Department 130 South Galena Street Aspen. Colorado 81611 Re: Permission to Represent Dear Ms. Wolff: Please consider this letter authorization for Sunny Vann of Vann Associates, LLC. Planning Consultants, to represent me in the processing of my application for detailed subdivision and final plat approval for the Urachel Tract D" property. Mr. Vann is hereby authorized to act on my behalf with respect to all natters reasonably pertaining to the aforementioned application. Should you have any questions, or If I can be of any furiber assistance, please do not hesitate to call. Sincerely, / , Aushar J. Av ember, Trustee • Charles P. Urschel, Jr. cAbv!ooaaly.I trVtl3859t.1w l ASPEN/PITKIN EXHIBIT 4 COMMUNITY DEVELOPMENT DEPARTMENT Agreement for Peyanent of P; khwCounty Development Application Fees i PITKIN COUNTY (hereinaft r COUNTY) and —S q - /g /OA/ 4 nd e [' //'Ce..2Ar rice-)3-7e5 / hereinafter APPLICANT) AGREE AS FOLLOWS: 1. APPLICANT 1-.as submitted to COUNTY an piication for l tiVe -7 e—).3W\..,r /44,fer 17--- (hereinafter, THE PROJECT). ' � APPLICANT understands and agrees that Pitkin County Resolution No..?6 57 establishes a fee structure for Planning applications and the payment of all processing fees is a condition precedent to a determination of application completeness. 3. APPLICANT and COUNTY ao.ee that because of the size, nature or scope of the proposed project, it is not possible at this time to ascertain the full extent of the costs involved in processing the application. APPLICANT and COUNTY farther agree that it is in the interest of the parties to all APPLICANT to make payment of an initial deposit and to thereafter permit additional costs to be billed to APPLICANT on a monthly basis. APPLICANT agrees he will be benefited by retaining greater cash liquidity and will make additional payments upon notification by the COUNTY when they are necessary as costs are incurred. COUNTY agrees it will be benefited through the greater certainty of recovering its full costs to process APPLICAIv T's application. 4. COUNTY and APPLICANT further agree that it is impracticable for COUNTY staff to complete processing or present sufficient information to the Planning Commission and/or Board of County Commissioners to enable the Planning Commission and/or Board of County Commissioners to make legally required findings for project approval, unless current billings are paid in full prior to decision. 5. Therefore. \PPLICANT agrees that inj Zsideration of the ' COUNTY'S waiver of its right to collect full fees prior to a determination of application completeness, APPLICANT shall pay an initial deposit in the amount of$2-,—g0e3 which is for /7 hours of Planning staff time, and if actual recorded costs exceed the initial deposit. APPLICAIrIT shall pay additional monthly billings to COUNTY to reimburse the COUNTY for the processing of the application mentioned above, including post approval review. Such periodic payments shall be made within 30 days of the billing d e. APPLICANT turher agrees that failure to pay such accrued costs shall be b ounds for suspension of processing. PITKIN COUNTY APPLICANT --� �'cs�i7Tc -' 1 Cindy Houben __. Prin ' , met i Community Development Director i....., - or Si;Pt.' re Date: ' 44- • Mailing Ad ress: /777.y E ec cry.ca z Se9 e*o' ?k" 78s/7 Q:\sup po nitorma\agrpay.doc 2/19,9E EXHIBIT 5 ADJACENT PROPERTY OWNERS Tract"D" LWI INC. 533 E Hopkins Ave Aspen, Colorado 81611 PLUMMER WILLIAM H FRM Management 300 S. Wacker, Suite 900 Chicago, Illinois 60606 MAROON CREEK LLC 10 Club Circle Aspen, Colorado 81611 UNITED STATES FOREST SERVICE 806 West Hallam Ave. Aspen, CO 81611 9/19/99 S 1 EXHIBIT A de- .:, k 9 J � Qf{E A tract of land situated in the SW1/4NW1/4 of Sec. 14, '1'105, C 11 R85W of the 6th P.M. and more fully described as follows: , , This part of the SW1/4NW1/4 of Sec. 14, T_1OS, .r; >. 21 - RB5W of the Eth P.M., lying northerly and ' .N... IIII westerly of the Northwesterly bank of Maroon Creek. ii I fa ' Vr 1 I375793 P-7E5 F'-599 10/2E/94 03:41P P3 7 OF 9 v.. e 11 II i 1 I • A . t ~ 41F' PG 8 OF 9 Sig_ B-7E5 F'-ESS is/�E/94 0 • EXHIBIT B { I Parcel A' . 1 The ARGO, TOP, MOUNTAIN BOY, MOUNTAIN BOY NO. 2 and MOUNTAIN BOY NO. 3 Lode Mining Claims (United States Mineral Survey - j No. 5982) the Range s j J embracing a portion and excluding 84 west of the 6th P.M. EXPRESSLY excepting from the premises those portions lying within Hercules Lode (United States Mineral Survey No. 4251) , May Queen (United States (United 5380) and Survey No. 5973)and 73) as reserved in Lodes United States Patent recorded April 17, 1961 in Book 193 at Page 507. 1 Parcel B: 4::::: The GRACE DARLING and ADVANCE Lode Mining Claims (United States Mineral Survey No. 5983) located in the of thetHighland 4 Mining District and embracing a p Id Township 10 South, Range 84 West of the 6th P.M. parcel C: `. d l l An undivided Claimsn (United1StatesAMineral Survey AND No.E6008)Lode Mining located in the Highland Mining District and embracing a portion of Sections 30 and 31, Township 10 South, Range 84 -`. . jWest of the 6th P.M.parcel D: - - 1 The BEAU and BEAU MUNDAY Lode Mining Claims (United States Mineral Survey no. 5763) located portion of thetHighland TMininip 10 4 District and embracing a p o J South, Range 84 West of the 6th P.M. a Parcel E ... The. CABLE Lode Mining Claim (United StatesiMiniralaSurvey No. 5879) located in the Highland Mining 1 embracing a portion of section 31, Township 10 South, Range A 84 West of the 6th P.M. Parcel F: . The MAY QUEEN Lode ruling Claim (United States Mineral a Survey No. 5880) located in the Highland Mining District and 4 embracing a portion of Section 31, Township 10 South, Range 84 West of the 6th ?.M. ISILN 91a: , 4 . 1 i l J 11 EXHIBIT C i i l i A tract of land situated in the NE1/4 SE1/4 , Section 15 , Township 10 i South. Range 85 West of the 6th P .M. , more fully described as follows : I Beginning at a point being N 24'11 '33" E 654.52 feet from the Southwest • corner of the NE1/4 SE1/4 of Section 15 , Township 10 South, Range 85 West of the 6th P .M. : = thence N 53'26 ' 30" E 375 .80 feet : 1 thence S 70'40 ' E 99 .46 feet to the centerline of a 30 foot easement killiala for ingress and egress and underground utilities ; fig thence N 45'28 '30" E 225 .05 feet along the centerline of a 30 foot easement for ingress and egress and underground utilities ; thence S 10'45 '30" E 168 . 17 feet along the centerline of a 30 foot easement for ingress and egress and underground utilities ; thence N 73•03 '25" E 332 .78 feet more or less to the Northwesterly edge of Maroon Creek; S thence Northeasterly along the Northwesterly edge of Maroon Creek to . •� 4 the North line of the NE1/4 5E1/4 of Section 15 , Township 10 South, liRange 85 West of the 6th P.M. ; I thence N 89'43 ' 36" W 1235 .4 feet more or less along said North line o`;II the NE1/4 SE1/4 of Section 15 , Township 10 South, Range 85 West of the 6th P .M. to the West line of the NE1/4 SE 1/4 of Section 15 , Township 10 South. Range 85 West of the 6th P.M. ; ! thence S 00'06 ' E 431.85 feet more or less along said West line of the _ .® NE1/4 SE1/4 of Section 15 , Township 10 South, Range 85 West of the 6th P .M. to s point being N 42'31 ' W from the point of beginning; 4E i l the^.ce S 42 31 ' E 399 .25 feet more or less to the point of beginning ._,-k ;j COUNTY OP PITKIN, STATE OP COLORADO . ill S ' t E! M }' LL 375793 B-765 2-601 10/26/94 02:41P P6 9 OF 9 { ; - S Ili �, EXHIBIT A 1 1 xlos, j and more fully described as follows: r A t=act of land situated in the SW1/4NW1/4 of See. 14, g85W of the 6th P .M. T105, .."4 This part of the SW1/4NW1/4 of Sec. 14, i__.... RB5W of the 6th P.M., lying northerly and ,_. . westerly of the Northwesterly of 4, Mazoon Creek. i:' 1 r. 1 r if i 11 375754 P-765 P-609 10/26/94 03:43P PG 8 OF 10 II A 1 1 a., 575794 P-765 P-610 10/26/94 03:43P PG 9 OF 10 j EXHIBIT B 1i- Parcel A: .. The A.RGO, TOP, MOUNTAIN BOY, MOUNTAIN BOY NO. 2 and MOUNTAIN BOY NO. 3 Lode Mining Claims (United States Mineral Survey J No. 5982) located in the Highland Mining District and embracing a portion of Section 31, Township 10 South, Range 84 West of the 6th P.M. EXPRESSLY excepting and excluding 1 from the premises those portions lying within Hercules Lode (United States Mineral Survey No. 4251) , May Queen (United states Mineral Survey No. 5380) and Colorado and Leonie United States Patent recordedSApril 17, 1961�in5Booke193datn el ied - Page 507 . Parcel B: :'• + The GRACE DARLING and ADVANCE Lode Mining Claims (United 1 States Mineral Survey No. 5983) located in the Highland Mining District and embracing a portion of Section 31, d Township 10 South, Range 84 West of the 6th P.M. i Parcel c 1+ 1 An undivided 7/8 interest in the AMERICAN FLAG AND PEMBINA Lode Mining Claims (United States Mineral Survey No. 6008) located in the Highland Mining District and embracing a portion of Sections 30 and 31, Township 10 South, Range 84 West of the 6th P.M. Parcel D: The BEAU and BEAU MUNDAY Lode Mining Claims (United States a : Mineral Survey no. 5763) located in the Highland Mining �_ District and embracing a portion of Section 31, Township 10 South, Range 84 West of the 6th P.M. Parcel a..f^ The CABLE Lode Mining Claim (United States Mineral Survey No. 5879) located in the Highland Mining District and embracing a portion of Section 31, Township 10 South, Range 84 West of the 6th P.M. ?arc r. i The MAY QUEEN Lode Mining Claim (United States Mineral ■ 5.._ . :y No. 5880) located in the highland Mining District and e:tbracing a portion of Section 31, Township 10 South, Range 84 West of the 6th P.M. ... IS?ER 9:?2 • I. i i375794 P-765 P-611 10/26/94 03:43P PG 10 OF 10 (; i EXHIBIT C Iti fw. A tract of land situated in the NE1/4 SE1/4 , Section 15 , Township 10 South , Range 85 West of the 6th P .M. , more fully described as follows : Beg inning at a point being N 24' 11 ' 33" E 654 . 52 feet from the Southwest iv corner of the NE1/4 SE1/4 of Section 15 , Township 10 South, Range 85 E West of the 6th P .M. : thence N 53'26 ' 30" E 375 . 80 feet ; thence S 70'40 ' E 99 .46 feet to the centerline of a 30 foot easement 10 for ingress and egress and underground utilities ; thence N 45 '28 ' 30" E 225 .05 feet along the centerline of a 30 foot easement for ingress and egress and underground utilities ; i thence S 10'45 ' 30" E 168 . 17 feet along the centerline of a 30 foot easement for ingress and egress and underground utilities ; __� thence N 73'03 '25" E 332 .78 feet mor or less to the Northwesterly edge _ of Maroon Creek; ��� thence Northeasterly along the Northwesterly edge of Maroon Creek to the North line of the NE1/4 SE1/4 of Section 15 , Township 10 South, Range 85 West of the 6th P .M. ; laia thence N 89'43 ' 36" W 1235 .4 feet more or less along said North line of ill the NE1/4 SE1/4 of Section 15 , Township 10 South, Range 85 West of the 6th P .M. to the West line of the NE1/4 SE 1/4 of Section 15 , Township 10 South, Range 85 West cf. the 6th P .M. ; thence S 00'06 ' E 431 .85 feet more or less along said West line of the i NE1/4 SE1/4 of Section 15 , Township 10 South, Range 85 West of the 6th 4 • P .M. to a point being. N 42' 31 ' W from the point of beginning; thence S 42'31 ' E 399 .25 feet more or less to the point of beginning. :41i Ali H COUNTY OP PITKIN , STATE OP COLORADO . _� �.� i t '�` t lii 04011 eeN Iii _ ..... is ,z S S EXHIBIT 8 SKYVIEW SUBDIVISION/PUD SUBDIVISION IMPROVEMENTS AGREEMENT , 1999 THIS SUBDIVISION IMPROVEMENTS AGREEMENT (the "Agreement"), made and entered into this day of , , by and between JACK GUENTHER, TRUSTEE U/W/O CHARLES F. URSCHEL, SKYVIEW PROPERTIES, LTD. (the "Subdivider"), and THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO, as the governing body of Pitkin County, Colorado (the "County"). WITNESSETH: WHEREAS, the Subdivider has submitted to the County for approval, execution and recording a Final Plat of Skyview Subdivision/PUD (the "Subdivision/PUD"), consisting of five (5) lots on certain real property located in Pitkin County, Colorado, which Final Plat appears of record at Reception No. in the Office of the Clerk and Recorder of Pitkin County, Colorado; and WHEREAS, the required common private improvements in the Subdivision/PUD are: (i) the improvement and extension of the common access road; and (ii) the extension of underground electric, natural gas, telephone, cable, water and sewer lines; and WHEREAS, the County has approved and executed the Final Plat upon Subdividers aereement to construct said improvements on the terms and conditions set forth below; and WHEREAS, the Subdivider is willing to agree to construct said improvements, and to provide the County with certain financial assurances, all on the terms and conditions set forth herein. NOW, THEREFORE. for and in consideration of the mutual covenants herein contained and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: 1. Common Access Road Improvement and Extension. Subdivider agrees to improve the existing common access road off of Tiehack Road, and to extend said common access road to serve Lots 1, 1 3. 4 and 5 as depicted and described on the Roadway Plan and Profile attached as an Exhibit to the Final Plat, recorded as Reception No. . The common access road improvement and extension shall be performed at the expense of the Subdivider, provided that individual lot owners shall bear the expense of all driveway improvements. 2. Electric, Natural Gas, Telephone, Cable, Water and Sewer Lines. Subdivider agrees to extend underground electric, natural gas, telephone, cable, water and sewer lines as depicted and described on the Utility Plan attached as an Exhibit to the Final Plat. recorded as Reception No. . The utility extensions shall be performed at Skyview Subdivision/PUD Subdivision Improvements Agreement—9/16/99 Page 1 the expense of the Subdivider,provided that individual lot owners shall bear the expense of extending utilities from the common access road to their individual lots. 3. Financial Security. Attachment"A"to this Agreement is a Summary of the Quantities estimated for completion of the improvements described in Paragraphs 1 and 2 above. Subdivider shall submit detailed cost estimates prior to the submission for permits for such improvements. No permits for the improvements described in Paragraphs I and 2 above shall be issued unless Subdivider has delivered to the County an irrevocable letter of credit in a form and substance approved by the County Attorney. The letter of credit shall provide that it may be drawn upon by the Board upon presentation by the Board, subject to a requirement that the Board present an affidavit that the Subdivider is in default of Subdivider's obligations under this Agreement. The amount of the security shall be incrementally reduced as improvements are satisfactorily completed. The construction of a temporary access way shall not trigger the requirement that the Subdivider complete the improvements described in Paragraphs 1 and 2. In the event that the Board determines that any of the improvements described in Paragraphs I and 2 have not been constructed as required in this Agreement,the Board shall give the Subdivider written notice specifying the deficiencies, and in the event the Subdivider has not corrected the deficiencies within 30 days following receipt of such notice, the Board shall have the right to draw upon the letter of credit as may be necessary to complete the improvements in accordance with the requirements of this Agreement. 4. Binding Effect. All covenants, restrictions an obligations herein contained shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns. 5. Assignability. This Agreement shall be assignable by both parties. 6. Termination of Agreement. At such time as Subdivider has completed the construction of the improvements required in Paragraphs 1 and 2 to the satisfaction of the County. the County agrees to execute a written instrument in recordable form which forever cancels and terminates this Agreement. IN WITNESS WHEREOF. the parties have executed this Agreement as of the day and year first above written. SUBDIVIDER: Jack Guenther, Trustee u/w/o Charles F. Urschel, Jr. Skyview Properties, Ltd. Skyview Subdivision/PUD Subdivision Improvements Agreement-9/16/99 Paget COUNTY: Board of County Commissioners of Pitkin County, Colorado • By: Chair Skyview Subdivision/PUD Subdivision Improvements Agreement—9/16/99 Page 3 EXHIBIT 9 PROTECTIVE COVENANTS FOR SKYVIEW SUBDIVISION/PUD , 1999 ARTICLE I Purpose of Covenants These Protective Covenants ("Covenants")-shall govern and be applicable to that certain real property situated in Pitkin County, Colorado, known as Skyview Subdivision/PUD (the "Subdivision" or"Subdivision/PUD"), as depicted and described on the Final Plat of Skyview Subdivision/PUD (the"Final Plat"),recorded at Reception No. in the Office of the Clerk and Recorder of Pitkin County, Colorado. Article II Definitions As used in these Covenants, the term "Subdivision" or"Subdivision/PUD" shall be deemed to mean and include all of the lands depicted and described on the Final Plat of Skyview Subdivision/PUD recorded at Reception No. in the Office of the Clerk and Recorder of Pitkin County, Colorado as said Final Plat may be amended from time to time. The term "Subdivider" shall refer to the initial subdivider of the Skyview Subdivision/PUD or his successors or assigns. The term "Lot" or"Lots" shall mean and refer to each of Lots 1, 2, 3, 4 and 5 as designated and described on the Final Plat. The term "Lot Owners" shall mean the owners of each lot, and shall include the possibility of there being one owner of each of the five lots. The terms the "County" or "Pitkin County" shall refer to the governmental jurisdiction in which the Subdivision/PUD is located. If the Subdivision/PUD is ever annexed to the City of Aspen, references to the County or Pitkin County shall be deemed references to the City of Aspen. Article III Development and Use Requirements and Restrictions 1. Applicable Land Use Code. Lot Owners within the Subdivision/PUD shall adhere to and shall be subject to Title II of the 1979 Pitkin County Code, in effect as of August 2. 1994. inclusive of all amendments up to and including BOCC Ordinance 93- 6 (the "1979 Code"). 2. Ordinances and Resolutions of Board of County Commissioners. Lot Owners within the Subdivision/PUD shall adhere to the requirements and restrictions set forth in the following Ordinances and Resolutions: BOCC Ordinance No. 94-24, Skyview Subdivision/PUD Protective Covenants—9/16/99 Page t recorded as Reception No. 375794; BOCC Resolution No. 94-128, recorded as Reception No. 375793; and BOCC Resolution No. ,recorded as Reception No. . In the event of any conflicts between said Ordinances and Resolutions and these Covenants, the terms of the Ordinances and Resolutions shall control. 3. Development Limitations on Lots. a. On each of Lots 1, 2, 3, 4 and 5, development shall be limited to one free- market single-family residence and one caretaker dwelling unit. Accessory uses and structures, subject to any necessary Pitkin County approvals, shall also be allowed as permitted in the AFR-2 zone district of the 1979 Code, as such district may from time to time be amended or replaced by another zone district. b. On each of Lots 1, 2, 3, 4 and 5, the single-family residences are limited to a maximum floor area of 9,600 square feet, or a total of 48,000 square feet of floor area total, inclusive of the caretaker unit and any other accessory structures in the event constructed. At the sole discretion of the Lot Owners who must unanimously consent,the total floor area of 48,000 square feet may be reallocated by the Lot Owners, provided that no single- family dwelling unit may exceed 15,000 square feet of floor area. Floor area calculations shall be based on the floor area regulations in the 1979 Code attached as Exhibit "A"to these Covenants. c. All structures on Lots 1, 2, 3, 4 and 5 must be located within the building envelopes depicted on the Final Plat. No development, as defined in the 1979 Code, should be allowed outside the building envelopes with the exception of: i. Landscaping as depicted on any Landscaping Plans approved by the Community Development Department; ii. Removal of vegetation to create defensible space for fire protection; iii. Installation of utilities; iv. The common access road depicted on the Final Plat and the individual driveways servicing Lots 1, 2, 3, 4 and 5; v. Water wells and irrigation systems and related facilities; and vi. Fencing. d. No further subdivision of Lots 1, 2. 3, 4 and 5 shall be permitted, excepting lot line adjustments that comply with the regulations in effect at the time of application. 4. Caretaker Dwelling Units. a. Each of the Lots 1. 2. 3, 4 and 5 is entitled to a caretaker dwelling unit, subject only to building permit issuance. Skwiew Subdivision/PUD Protective Covenants—9/16/99 Page 2 b. The construction of the caretaker dwelling units is optional and in the sole discretion of the individual lot owners. c. The caretaker dwelling units, if constructed, shall be governed by the 1979 Code. d. The caretaker units on Lots 1, 2, 3,4 and 5 may be either attached to the single-family dwelling unit or located in a detached structure within the approved building envelope for the individual lot. e. The floor area of the caretaker unit shall not exceed 750 square feet of floor area, which shall be included in the calculation of the total floor area allowed per lot. f One off-street parking space must be provided for each bedroom in the caretaker unit. g. The caretaker unit must be deed restricted prior to issuance of a building permit. The deed restriction is subject to the requirements of Ordinance 91-11, attached as Exhibit `B"to these Covenants. 5. Utilities. a. Subdivider will be responsible for extending water, sewer, electric, natural gas. telephone and cable TV service to the lot lines as depicted on the Utilities Plan recorded with the Final Plat, recorded as Reception No. . These utility extensions are to be installed underground in the common access road and the common access easement to the extent feasible. The Subdivision Improvement Agreement, recorded as Reception No. , contains the required utility improvements. b. Each Lot Owner will be responsible for their individual utility service lines which must also be installed underground and within the Lots' driveways to the extent feasible. Subject to the approval of the County Engineer, utilities outside of the access road and driveways may be permitted. c. Any residence that exceeds 5.000 square feet of floor area, or as the requirements of the Fire District may from time to time be amended, will be required to contain interior sprinkler systems. 6. Common Access Road and Individual Driveways. a. A permanent and perpetual, non-exclusive easement and right-of-way of forty (40) feet in width across both the public and private portions of Tiehack Road has been judicially decreed as described in paragraph 4 of the Corrected Amended Rule and Order, Civil Action No. 96-CV-51-3, recorded as Reception No. 430872. This easement begins at State Skyview Subdivision/PUD Protective Covenants—9/16/99 Page 3 • Highway 82, passes across the public portion of Tiehack Road to Lot 13 of the Maroon Creek Club subdivision, and then through the area referenced as a"40 ft. Wide Private Access Easement" crossing Lots 1, 2, 3,4, 5, 6, 7, 8, 9, 10, 11, 12, and 13 of the Maroon Creek Club subdivision, as well as the "Reservation For a 40' Wide Private Access Easement" extending across Lot 1, as amended in Easement Amended Agreement recorded as Reception No. , all as reflected on the Maroon Creek Club Final Plat recorded in the.Pitkin County Clerk and Recorder's office on November 15, 1993 in Book 33 at pages 4-15. Said access easement is a non-exclusive pedestrian, vehicular and utility easement to serve no more than five (5) residential units and no more than five (5) associated caretaker units. b. A permanent and perpetual, non-exclusive easement and right-of-way of forty (40) feet in width has been dedicated on the Final Plat for right-of- way and underground utility purposes for the benefit of Lots 1, 2, 3, 4 and 5. c. Subdivider will be responsible for the initial construction of the access road as provided for in the Subdivision Improvement Agreement. An access permit will be required from the County Engineer prior to construction and the road must conform to County standards in effect at the time of permit application. d. The costs and expenses of maintaining, repairing, snowplowing and further improving the common access road described in paragraph 6.b. shall be shared equally by the Lot Owners of Lots 1, 2, 3, 4 and 5. e. Each individual Lot Owner will be responsible for the construction of their respective driveway. An access permit will be required from the County Engineer and the driveways must conform to County standards in effect at the time of permit application. f. The common access road shall be paved. The individual driveways shall be paved or graveled and treated with an approved dust retardant, at the expense of each individual Lot Owner. 7. Air Quality a. The Lot Owners of Lots 1, 2, 3. 4 and 5 must adhere to the County's air quality regulations (i.e.. wood burning devices) in effect at the time of building permit issuance. b. Each Lot Owner must submit a fugitive dust control plan for approval by the County Environmental Health Department prior to building permit issuance. c. The Lot Owners shall not be required to mitigate for PMi°. Skvv,ew Subdivision/PUD Protective Covenants—9/16/99 Page 4 8. Grading and Drainage a. Prior to the issuance of building permits for Lots 1, 2, 3, 4 or 5, each Lot Owner shall submit to the County Engineer for approval a site-specific grading, drainage and erosion control plan. b. Site grading within the Subdivision/PUD shall be limited to the common access road, individual driveways, utility extensions, construction/landscaping within the building envelopes. Grading in association with the installation of landscaping outside of the building envelopes is allowed, subject to Community Development Department approval of site specific landscape plans for the individual lots. 9. Geologic Hazards. GEOLOGIC HAZARD WARNING, DISCLAIMER AND INDEMNITY: Each of Lots 1, 2, 3, 4 and 5 may contain geologic hazards. Subdivider expressly disclaims any responsibility for such danger or hazards. By acceptance of a deed to any lot in the Subdivision/PUD, each Lot Owner acknowledges his awareness of and assumes all of the risks and responsibilities relating to such potential hazards, and hereby releases and agrees to indemnify, defend (including reasonable attorneys' fees) and hold harmless Subdivider, his respective agents, consultants, representatives, successors and assigns against any liabilities or claims therefor for any losses or damages to persons or property, including personal injury or death. that may result from any geologic hazard that affects Skyview Subdivision/PUD or any part thereof or improvement thereon. 10. Exactions. No exactions, including affordable housing, park, school, trails. fishing easements and impact fees shall be imposed beyond the following affordable housing payment-in-lieu: a. Subdivider shall be required to pay an affordable housing exaction in the amount of 5138.000.00 to the Aspen/Pitkin County Housing Authority, or its successor in interest. b. The payment is required in two equal installments, the first prior to the issuance of the first building permit for a single-family residence on a lot, and the second due upon issuance of a second building permit. 11. Exterior Lighting. All exterior lighting within the Subdivision/PUD shall comply with Pitkin County's lighting regulations in effect at building permit application. 12. Landscape Plan. Each lot owner shall submit a landscaping plan for approval by the Community Development Department at the time of building permit application. The purpose of the landscaping plan is to reduce the visual impact of the adjacent development on the individual lots and to provide for the preservation of natural vegetation screening the development from Maroon Creek Road to the extent feasible. Skyview Subdivision/PUD Protective Covenants—9/16/99 Page 5 Article V Enforcement Action 1. Enforcement Authority. Each Lot Owner shall have the right to prosecute an action at any time for injunctive relief and/or for damages by reason of any violation of these Covenants. The prevailing party in any action brought to interpret or enforce these Covenants and/or for damages for a violation hereof shall be entitled to an award of its reasonable attorneys' fees and costs. • 2. Limitation on Actions. In the event any construction, alteration, or landscaping work is commenced upon any of the lands within the Subdivision/PUD in violation of these Covenants, and no action is commenced within one (1) year thereafter to restrain such violation, then injunctive or equitable relief shall be denied, but an action for damages shall still be available to any party aggrieved within the applicable statutory period established by state law. This one (1) year limitation shall not apply to injunctive or equitable relief against other violations of these Covenants. Article VI Miscellaneous Other Governing Documents 1. Final Plat. Each Lot Owner shall adhere to the terms and provisions of the Final Plat, as it may be amended by Pitkin County. 2. Utilities Plan. Each Lot Owner shall adhere to the terms and provisions of the Utilities Plan. and obtain appropriate permits thereunder. 3. Roadway Plan and Profile. Each Lot Owner shall adhere to the terms and provisions of the Roadway Plan and Profile, and obtain appropriate permits thereunder. 4. Subdivision Improvement Agreement. The Subdivision Improvements Agreement. recorded as Reception No. , sets forth the required improvements in the Subdivision/PUD and the security provided to the County. Article VII General Provisions 1. Benefits and Burdens of Covenants; Covenants to Run. All of the Covenants contained in this instrument shall be a burden on and appurtenant to the title to all of the lands within the Subdivision/PUD. The benefits of the Covenants contained in this instrument shall inure to the Lot Owners. and shall be deemed an appurtenance to the title to such lands. The benefits and burdens of all of said Covenants shall run with the title to all of the lands to which such burdens or benefits have been made appurtenant. 2. Terms of Covenants. Unless amended pursuant to Paragraph 3 below, • these Covenants shall be perpetual. except that any Covenant to which the rule against perpetuities or the rule restricting restraints on alienation may be determined to be applicable shall expire in twenty years from the date of these Covenants. Sk'view Subdivision/PCD Protective Covenants—9116/99 Page 6 3. Amendment of Covenants. All or a part of these Covenants may be amended or terminated at any time by the recording in Pitkin County real property records a resolution of agreement agreed upon, executed and acknowledge by at least a majority of the Lot Owners. 4. Disclaimer. No representation of any kind, express or implied is given or made by Subdivider or their agents or employees in connection with the Subdivision/PUD or any Lot therein or any portion thereof, or any improvements thereon, or physical features thereof, or the geologic hazards relating thereto, or the fitness thereof for any purpose, or utility service thereto, or the development potential thereof or any manner of compliance with the Pitkin County Land Use Code or applicable environmental or other laws or regulations, or with respect to the cost of owning, developing, enjoying or maintaining any of the lands within the Subdivision/PUD. 5. Severability. Should any provisions of these Covenants be declared invalid or unenforceable by any court of competent jurisdiction, such decision shall not - affect the validity or enforceability of the remaining Covenants. IN WITNESS WHEREOF, Subdivider has executed these Protective Covenants as of . 1999. Jack Guenther, Trustee u/w/o Charles F. Urschel, Jr. Skyview Properties, Ltd. Skyview Subdivision/PUD Protective Covenants—9/16/99 Page 7 EXHIBIT A § 20-1 (c) On-site sales are limited to sales of block or slabwood and post- season clearance sales. (d) The site is limited to one acre or less. Floor Area. (a) Area included within the surrounding exterior wall surface of a building or portion thereof, exclusive of courts. The floor area of a building, or portion thereof, not provided with surrounding exterior walls shall be the usable area under the horizontal projection of the roof or floor above. (b) For the purpose of calculating floor area ratios for non-residential structures in the AR-1 Zone District, subgrade space shall be excluded from the floor area calculations when such subgrade space is accessory to and subordinate to the principal use of the building and used for subordinate, secondary purposes. Such exempted subgrade space shall include areas used for mechanical,electrical or heating facilities; utility space; parking garages; required employee housing units meeting Uniform Building Code requirements for subgrade space; kitchens and employee recreation rooms; meeting rooms, auditorium, banquet rooms, convention space, banquet preparation and kitchen areas; recreational amenities including but not limited to pools, health clubs, exercise rooms. steamrooms, saunas, massage rooms, showers;linen storage rooms,maid service areas, laundries: guest storage; storage for condominium unit owners;ski lockers; loading and unloading docks, service elevators, trash storage. maintenance area and storage; and circulation corridors and elevator areas for the foregoing.All other uses located subgrade may be exempted from floor area calculations upon the special review recommendations of the Planning and Zoning Commission and approval of the Board if they find the use to be accessory and subordinate to the principal use.Review criteria to be used in determining if a use is accessory and subordinate to the principal use are as follows: (1) potential impacts generated by the use; (2) the amount of floor area involved, including the amount of space above grade to be made available for the principal use if the space is exempted; (3) consideration of whether the use will be primarily used by occupants or residents of the project or other persons in the community. (c) Above-grade balconies and decks,including those covered by a roof or floor above, constructed in the AR-1 Zone District shall be excluded from floor area calculations when the area of such balconies and decks is less than or equal to fifteen percent (15%) of the allowed floor area: all area in above-grade decks and balconies over fifteen percent (15%) of the allowed floor area shall be included in the floor area. 227 supp.5 A EXHIBIT B ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO REPEALING AND REENACTING SECTION 3-8.13 OF THE PITKIN COUNTY LAND USE CODE ENTITLED "EMPLOYEE AND CARETAKER DWELLING UNITS" Ordinance No. 91-2Z_ WHEREAS, the Board of County Commissioners of Pitkin County, Colorado (hereinafter "Board") has directed the staff to draft a code amendment to provide more options for individuals wishing to provide housing for residents and employees of Pitkin County; and WHEREAS, on August 27, 1991, the Pitkin County Planning and Zoning Commission (hereinafter "Commission") reviewed the proposed code amendments at a special meeting and recommends approval of the - • amendment to the Board; and • WHEREAS, the Board reviewed the proposed code amendments at a public meeting on September 10, 1991 and a public hearing on October 15, 1991. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners that Section 3-8.13 of the Pitkin County Land Use Code be repealed and reenacted as follows: (a) caretaker Units: The Planning Director may permit one caretaker dwelling unit attached to a single family home (hereinafter "principal dwelling") on any lot which conforms to the minimum lot area requirements within the R-6, R-15, R-30, AF-1, AF- 2, RS-20, RS-30 and RS-160 zone districts under the following conditions and limitations: (1) Attached caretaker units shall not exceed seven hundred square feet of floor area, except that caretaker units in the R-6 and R-15 zones shall be limited to four hundred square feet of floor area. ENGINEERS EXHIBIT 10 SURVEYORS GM (970)945-1004 SCHMUESER 118 West 6th,Suite 200 FAX(970)945-5948 GORDON MEYER Glenwood Springs,CO 81601 November 17, 1999 REVISED • Mr. Sunny Vann Vann Associates, LLC 230 East Hopkins Aspen CO 81611 RE: Skyview PUD Subdivision Engineering Report - Detailed Subdivision/Final Plat Application Dear Sunny: The purpose of this letter report is to address the relevant portions of the Pitkin County Land Use Code as they relate to engineering/infrastructure aspects of the project. The Urschel Tract D property is located adjacent to the Maroon Creek Club to the west side of Maroon Creek and generally near the Tiehack area of the Buttermilk Ski Area. This report has been prepared based on my knowledge of the project, an understanding of the infrastructure constructed for the adjacent Maroon Creek Club project and site visits to the property to review the site specific infrastructure requirements. SUMMARY OF PROJECT SITE The property has received General Submission approval through Pitkin County. The property is largely wooded and slopes generally towards Maroon Creek. The proposed access roadway and building envelopes are to be located on a more gently sloping area that is a general extension of the infrastructure constructed for adjacent lots on Maroon Creek Club. The portions of the property located both above and below the area of the property to be developed has steeper slopes which are not being disturbed as part of the project. The approved plan for the project consists of five individual family homesites. These sites are clustered along the proposed access roadway. ROADWAY ACCESS AND TRAFFIC ANALYSIS Access to the property will be by a two-lane roadway from the adjacent cul-de-sac constructed within Maroon Creek Club. That cul-de-sac is at the end of Tiehack Road, a private roadway constructed by Maroon Creek Club for access to its property from Highway 82. This property currently has a right of access along the private Tiehack Road as well as via an access easement across Lot 1 of Maroon Creek Club from the cul-de-sac to the boundary of the property. Attached Table A summarizes the relevant design parameters associated with a Country Access Roadway as defined in the Pitkin County Road Management and Maintenance Plan, 1997. The proposed access roadway for Tract D is to be designed in general compliance with this standard, noting that as a separate project with a maximum of five lots, the property could be accessed under a single lane driveway access standard. The only deviation from the repor92076E05.3 November 17, 1999 REVISED Mr. Sunny Vann Page 2 County Access standard is minimum radius. The Country Access Standard is 1 1 5 feet while the minimum radius for the proposed roadway is 105 feet. This variance has been designed into the roadway in order to minimize the cut and fill requirements associated with the roadway and, therefore, to conform to the existing topography as closely as possible and to minimize any disturbance to on-site vegetation. Based on a trip generation rate of 9.55 vehicles per day (VPD)/unit, the total estimated traffic generation for this project is 48-96 VPD. The adjacent Tiehack Road within the Maroon Creek Club has been designed to a Local Access, Class III Standard throughout most of its length with the last segment of the cul-de-sac designed to a Country Access, Class V-A Standard. Table B shows the design capacity for various segments of the roadway as well as the actual trip generation volumes for Maroon Creek Club alone, and with the Tract D project added to those. TABLE A DESIGN PARAMETERS PITKIN COUNTY STANDARDS ` TRACT D ACCESS ROADWAY 1 Number of units ---- 5 free market units plus 5 caretaker units 2 Trip Generation Rate 9.55 VPD/unit 9.55 VPD/unit 3 Design Traffic Volume ---- 48-96 VPD 4 Terrain Mountainous Mountainous 5 Road Classification Class V-A Country Access ---- 25-300 VPD 6 Design Speed 20 mph 20 mph 7 Grades - maxim's 12 percent 9 percent 8 Radius - Minimum 115 feet 105 feet 9 Number of Lanes One Two 10 Pavement width 16 feet 18 feet 11 Shoulder Width 2-4 feet 2 feet TABLE B TRIP GENERATION Maroon Creek Total Club Tract D VPD Hwy 82 to Pfeifer driveway Local Access 1100 VPD 966 VPD 48-96 VPD 1014-1062 Pfeifer driveway to Pfister Drive Local Access 1100 VPD 745 VPD 48-96 VPD 793-841 Pfister Drive to South Meadow Lane Local Access 1100 VPD 256 VPD 48-96 VPD 304-352 South Meadow Lane to cul-de-sac Country Access 300 VPD 84 VPD 48-96 VPD 132-180 reoorn97076E06_3 SCHMUESER GORDON MEYER, INC. November 17, 1999 REVISED Mr. Sunny Vann Page 3 Summarizing the information presented in Table A and Table B above, it is concluded that the roadway system within Maroon Creek Club itself is adequate to provide service for the Urschel Tract D units. It is also concluded that the roadway proposed to provide internal circulation to Tract D meets the applicable Pitkin County Road Standards. DRAINAGE The proposed access road will not result in additional drainage impacts to the surrounding area. Because this property is located immediately adjacent to and, in fact, includes Maroon Creek itself, there are no downstream property owners affected by any drainage from this property. While the roadway surface itself will add impervious area to the overall drainage basin, the increase in time of concentration will slightly increase and the net effect is that the historic flow rate from the property to Maroon Creek will essentially be the same. Attached hereto is a Drainage Report for the project. The construction of the access roadway will result in two culvert installations under the roadway. Runoff which currently concentrates in a number of small, locally defined drainages, will be intercepted by the access roadway with the drainage discharged under the roadway in two distinct points. Drainage from these two locations will be directed along the Lot 2/3 boundary line and under the roadway where it abuts the cul-de-sac, respectively. Each individual homesite will require conventional design considerations such as positive grading away from the structures, diversion of any upslope drainages around the buildings and possible on-sit detention of flows from roof or paved areas when the architectural site plans are developed. It is proposed that, when individual site development plans are submitted for a building permit, the plans will also be submitted to the County Engineer for review with respect to proposed drainage improvements on each individual lot. At that time, the need for on-site detention facilities on a lot-by-lot basis will be determined. As with the access roadway, it is not anticipated that the impact of new residential construction will result in any significant drainage impacts to the surrounding area. Implementation of the Drainage Plan elements above will result in the following conditions with respect to the developed conditions on the property: a) Historic flow patterns and runoff will be maintained;. b) Runoff volumes and peaks within the development and the surrounding effected areas will not exceed current runoff levels; c) The development will allow unimpeded flow of natural water courses, all of which will satisfactorily convey a 100-year event; d) All drainage design will be capable of continuous maintenance and will improve adverse drainage impacts that presently affect the Willow Creek Ditch; e) The development will not cause the introduction of pollutants into Maroon Creek or other natural water courses; and report\92076E05.3 SCHMUESER GORDON MEYER, INC. November 17, 1999 REVISED Mr. Sunny Vann Page 4 fl the peak runoff rate at the boundary after development will not exceed current peak runoff. EROSION CONTROL During the construction phase of the access roadway and associated utility infrastructure, silt fencing will be required along the downhill limits of disturbance. Sedimentation traps, consisting primarily of hay bale dams, hay bales around inlets to the culverts and check hay bale dams in the uphill borrow ditch, will be constructed as part of the erosion control plan on the site. Finally, revegetation of disturbed areas will be completed as soon as practical after construction and will be accomplished the same construction season as the work has been completed. During the construction of each individual residence, a lot specific Erosion Control Plan will be implemented. This Erosion Control Plan will be developed at the time of building permit application. Anticipated components of the individual lot plans would include the construction of silt fencing along the downhill limits of disturbance, concentration of all runoff from the construction site to a single location and erosion control measures at the outlet of the collection point. It is anticipated that residential construction will occur during two consecutive building seasons at each lot. Temporary erosion control will remain in place throughout the first construction season and into the second. Finished landscaping and site grading shall occur prior to the end of the second construction season (or the final construction season in the event that either a single or more than two construction seasons are utilized) in a time frame that will allow for revegetation start to occur prior to the subsequent winter season. WATER SUPPLY The water supply for the residential units will be provided by an on-site, central water system. The physical components of that system, along with a brief description of each is as follows: ► Drilled wells - It is anticipated that there will be two or more drilled wells on the project to provide raw water supply. The wells will be operated in parallel, with all wells alternated as the lead well. The number of wells will depend on the capacity of each well as developed such that when any of the wells are down, the remaining well or wells will be capable of providing water at the peak day demand rate. • Raw water piping - The raw water piping between the wells and the control building will be 2" to 3" in size and will be located generally as shown on the Utility Plan. ► Control building -The control building will house a master water meter, controls for the well pumps, central hydro-pneumatic tanks and disinfection facilities. The operating sequence for the well pumps is as outlined on Sheet 4 of the plan set. Disinfection will be by hypochlorination. The hydro-pneumatic tanks are intended to work in conjunction with the well pumps and provide an operating volume of pressure storage. Each individual residence will also include within their mechanical plumbing system, report\92076E05.3 _ SCHMUESER GORDON MEYER,INC. November 17, 1999 REVISED Mr. Sunny Vann Page 5 additional pressure tanks based on the size of the house actually constructed. These pressure tanks will supplement the pressure tank volume provided in the control building. Distribution piping - Distribution piping will be run from the control building to each of the residential properties. A 50-foot length of 24" DIP will be provided to provide the necessary detention time for disinfection. The remainder of the distribution system will be 8". While there will be no fire protection through the distribution system initially, the 8" lines installed could be utilized in place, should a future waterline extension of the municipal system located within the adjacent Maroon Creek Club Subdivision be made. Finally, a service line will be run to each of the residences. It is anticipated that the service line size will be 2" to allow for future supply for both domestic use and fire sprinkler use from a municipal-size system. Each individual residence will have a water meter installed within the structure prior to any water use branch lines. Total water system capacity required has been calculated on the following basis. • Number of residences 5 • Capita Assume 6-BR/residence and 1 .5 persons/BR for a total of 9 persons/unit, or 45 capital total. • Capita water use 100 gpcd • Total domestic demand Avg. day demand, Qa = 4500 gpd, or 3 gpm Peak day demand, Qd = 3 x Qa = 9 gpm Peak hour demand, Qh = 6 x Qs = 19 gpm • Lawn size 4000 SF/unit • Irrigation demand 2.0 Ac-f/Ac over 150 days • Irrigation requirement Avg. day demand, Qa = 2000 gpd, or 1 .5 gpm Peak day demand, Qd = 3 x Qa = 4 gpm Peak hour demand, Qh = 6 x Q. = 8 gpm • Total system requirements Avg. day demand, Qa = 6500 gpd, or 5 gpm Peak day demand, Qd = 3 x Q. = 14 gpm Peak hour demand, Qh = 6 x Qa = 27 gpm It is anticipated that the only water treatment required will be disinfection. It is further anticipated that the water quality from the drilled wells may be classified as hard. Some individual homeowners may elect to install water softeners in their individual residences. Water softening on a central system treatment basis would not be cost effective. report\92076E05.3 SCHMUESER GORDON MEYER, INC. • November 17, 1999 REVISED Mr. Sunny Vann Page 6 it is proposed that each of the individual residential units have inside fire suppression systems. If these systems are based on water sprinklers, the systems will be provided with their own separate storage tank and pump to run independently of the central domestic water system. Each sprinkler system would be fitted with a flow control valve connection to the central system for replenishment of the water storage tank after any use. It is proposed to provide a central fire protection storage tank for use by the fire department for on-site fire fighting purposes. The size of the tank is proposed to be 30,000 gallons. The tank will be fitted with a float valve to allow refilling of the tank after any use. SANITARY SEWER UTILITY Sanitary sewage disposal from this project will be at the wastewater treatment facility operated by the Aspen Consolidated Sanitation District. The internal wastewater collection system in Maroon Creek Club will be utilized for piping of waste from the project to the wastewater treatment facility. This property currently lies outside the boundaries of the Aspen Consolidated Sanitation District. Concurrent with the Final Plat application, the Applicant has petitioned for inclusion into the District. Upon execution of the Inclusion Agreement, the District will then establish the conditions under which service will be provided. The last several lots at Maroon Creek Club, as well as the five lots associated with the Tract D property, are beyond the gravity portion of the collection system of the Aspen Consolidated Sanitation District. The existing Maroon Creek Club lots and the Tract D lots will be serviced between the end gravity manhole and the individual lots by a low pressure, small diameter sewer system. As part of the Maroon Creek Club infrastructure construction, a 4" pressure sewerline was extended through the end of the cul-de-sac for future service to Tract D. Each of the five individual lots will have an on-site septic tank effluent pump (STEP) system installed by the individual property owner on the lot. Each of these STEP systems, in turn, will be connected to a common small diameter pressures sewerline within the roadway corridor. Table C lists the recommended sizes of small diameter pressure mains for the common pressure collection system within Tract D. report\92076E05.3 SCHMUESER GORDON MEYER, INC. November 17, 1999 REVISED Mr. Sunny Vann Page 7 TABLE C TRACT D PRESSURE SEWER SYSTEM MAXIMUM ACCUMULATED SIMULTANEOUS MAXIMUM FLOW PIPE SIZE LOTS NUMBER OF LOTS OPERATORS. IBM/ (inches) Individual 1 1 11 1.25 3-5 3 2 22 1.50 2-5 4 3 33 1.50 1-5 5 3 33 2.00 MISCELLANEOUS UTILITY SERVICE The following utility companies will provide additional utility services to the project: • Electric - Holy Cross Energy • Telephone - U.S. West • Cable TV - TCI Cablevision • Gas - KN Energy All the four miscellaneous utilities currently exist within Tiehack Road and the Tiehack Road cul-de-sac. The utilities have been extended through the cul-de-sac and terminated in accordance with utility specifications. Each of these utilities has been sized in anticipation of service to Tract D and can be extended along the roadway corridor to the individual homesites. "Ability to serve" letters have been received from each of the respective miscellaneous utility companies and are included with this submittal. I remain available to provide additional information with respect to roadway access and infrastructure for this project. Respectfully submitted, SCHMUESER GORDON MEYER, INC. Dean . Gord• , P.E. Presiden DWG:lec/92076e01 .3 Attachments cc: Mr. Jack Guenther, Owner's Representative, w/enc. report\92076E05.3 SCHMUESER GORDON MEYER, INC. PATRICK & STOWELL, P.C. EXHIBIT 11 Attorneys at Law A Professional Corporation Kevin L Patrick 730 East Durant Street Brian L Stowell Aspen,Colorado 81611 Scott C. Miller wwwwarerlawcom Kristin L. Hawse Ramsey L Kropp' 970.920.1028 Tel 970.925.6897 Fax 'admitted in CO.AZ WY • January 18, 2000 • • Sunny Vann HAND DELIVERED Vann and Associates 230 East Hopkins Aspen, CO 81611 Re: Legal Water Supply for Urschel Tract"D" Dear Sunny: This letter describes the source and format for a water supply to be developed for the Urschel Tract"D"development. Until recently, it was assumed that the City would provide a potable water to the development.However,at a hearing before Council on September 27, 1999,the City declined to provide water service to the development upon the primary grounds that the City has determined that the City lacks sufficient water supplies to service the five lot development (or any new development outside City limits)under the City's proposed method of operating their water rights, which is to subordinate the City's senior water rights to instream flows; thus, the City lacks the capacity to serve. Accordingly,an independent water supply will be developed.During the month ofNovember, 1999,we filed applications in the Water Court which utilizes three sources of water in a legal water supply plan:Ruedi Reservoir,pursuant to an Allotment Contract with the Basalt Water Conservancy District;on site storage from the VU Pond;and 0.1 cfs of the Stapleton Brothers Ditch Enlargement water right, to develop a legal water supply plan for the development. We have engaged the services ofBeach Resources and Schmueser Gordon Meyer,Inc.to plan a central water System that would be supplied water from two wells tributary to Maroon Creek.The Stapleton Brothers Ditch water right would be transferred to the well locations and backed by augmentation releases from Ruedi Reservoir in the event of curtailment by a water right downstream of the Stapleton Brothers Ditch or by the onsite storage in the event of a call by a water right between where the wells deplete Maroon creek and the headgate of the Stapleton Brothers Ditch.Copies of the relevant Applications are attached. PATRICK&STOWELL, P.C. Sunny Vann Page 2 January 18, 2000 If after reviewing these points, you have any questions, please call me. Very truly yours, PATRICK& STOWELL, P.C. A Professional Co..: . '. By: �_�/ Kevin atrick klp/cc cc: Mr. Jack Guenther Mr. Dean Gordon Mr. Gary Beach W:\U rsc he l\287a\Letters\vannwsl V 02.wpd 94 Ori ' I.,�h Clerk (I DISTRICT COURT, WATER DIVISION NO. 5, COLORADO By u os�ny Case No. 99 C W cY l9 APPLICATION FOR CHANGE OF WATER RIGHT AND FOR APPROVAL OF PLAN FOR AUGMENTATION CONCERNING THE APPLICATION FOR WATER RIGHTS OF: Jack Guenther,Trustee Under the Will of Charles F. Urschel, Jr.,in Pitkin County COMES NOW the Applicant,Jack Guenther,Trustee Under the Will of Charles F.Urschel, Jr.,by and through his attorneys Patrick&Stowell,P.C.,and respectfully requests the Court enter an order awarding the change of water right and granting the approval of the plan for augmentation described herein and, as grounds therefore, states: 1. Name, address and telephone number of Applicant: Jack Guenther,Trustee Under the Will of Charles F. Urschel, Jr. do Patrick& Stowell, P.C. 730 East Durant Ave., Suite 200 Aspen, CO 81611 (970) 920-1028 FIRST CLAIM CHANGE OF WATER RIGHT 2. Name of structure: Stapleton Brothers Ditch Enlargement and Water Right 3. Information from previous Decree: A. Date entered: November 5, 1971, Civil Action No. 5884, Garfield County District Court B. Point of diversion: The decreed point of diversion is located on the west bank of Maroon Creek whence the North Quarter(N 1/4)corner of Section 15,T. 10 South, R 85 West of the 6th P.M. bears North 41 degrees, 45 minutes East a distance of 1,348.5 feet (Pitkin County). C. Source: Maroon Creek D. Appropriation date: September 22, 1960 Amount: 0.1 cfs of the 6.0 cfs decreed is owned by Applicant and changed in this application. E. Use:Domestic,municipal and recreational purposes 4. Proposed change: Applicant proposes to transfer 0.1 cfs of the subject right,owned by Applicant, to the Urschel D Well Nos. 1-5.The applicant proposes to construct a central system using two wells of the Urschel D Wells 1-5. The five wells are to be located in the SWNW of Section 14, T. 10 South, R. 85 West of the 6's P.M.,as follows: Urschel D Well No. 1: Located at a point 1345 feet from the North section line and 795 feet from the West section line of Section 14. Urschel D Well No. 2: Located at a point 1430 feet from the North Section line and 770 feet from the West section line of Section 14. Urschel D Well No. 3: Located at a point 1570 feet from the North section line and 685 feet from the West section line of Section 14. Urschel D Well No. 4: Located at a point 1695 feet from the North section line and 625 feet from the West section line of Section 14. Urschel D Well No. 5: Located at a point 1825 feet from the North section line and 555 feet from the West section line of Section 14. 5. The name and address of the owner of the land upon which the point of diversion of the Urschel D Well Nos. 1-5 and the new place of use is located is: Applicant. SECOND CLAIM APPROVAL OF PLAN FOR AUGMENTATION 6. Structures to be augmented: Urschel D Well Nos. 1-5, as described above. 6. Water right used for augmentation: Applicants have applied for an Allotment Contract from the Basalt Water Conservancy District. The Basalt Water Conservancy District Allotment Contract will be for 2.5 acre-feet of water in storage in Ruedi Reservoir for the benefit of the Basalt Water Conservancy District. Ruedi Reservoir, a component of the Fryingpan-Arkansas Project was originally decreed in C.A.No.4613, Garfield County District Court, on June 20, 1958,with a date of appropriation of July 29, 1957; subsequently in Case No. W-789-76 the decreed storage capacity for this Reservoir was reduced to 102,369 af. Ruedi Reservoir is a component of the Fryingpan-Arkansas Project,originally authorized for construction by the Act of August 16, 1962 (76 Stat. 389) as amended by the Act of October 27, 1974 (88 Stat. 1486)and the Act ofNovember 3, 1978(92 Stat.2492),in substantial accordance with House Doc.No. 187 w:\Utschenzsmuneading■AppChgPoaot.wpd 2 Case No. 99CW_, Water Division No. 5 Application for Change of Water Right and for Approval of Plan for Augmentation 83'd Cong., 1'Sess., as modified by House Doc. 353,86'Cong.,2nd Sess., and is subject to the Operating Principles for the Fryingpan-Arkansas project as set forth in House Doc 130, 87th Cong., 1" Sess. The federal reservoir is operated by the U.S. Bureau of Reclamation which has contracted for an allotment of water to the Basalt Water Conservancy District. 7. Description of plan for augmentation: The applicant owns a five lot subdivision, the legal description of which is attached as Exhibit "A" hereto. In order to provide a legal and physical water supply for the five lots, Applicant has filed this application. The development will be served by either a central water system owned and operated by a homeowners association employing two or more of the Wells described above,or each individual lot will have a well owned and operated by the lot owner.Each of the lots will have a large free market home (assumed to have an average year round occupancy of 5.5 persons) and a caretaker unit (assumed to have an average year round occupancy of 1.5 persons). In-house water demands are computed on the basis of 100 gpcd,with all wastewater treated by the Aspen Consolidated Sanitation District("District"). The District discharges treated effluent to the Roaring Fork River at a location approximately 4,500 feet downstream of the confluence of Maroon Creek and the Roaring Fork River (hereinafter"District discharge point").The average annual delivery requirement for in-house water use is 3.921 af/yr with 100% CU. Total annual depletions equals 5.721 af.. In addition,up to 10,000 square feet of sprinkler irrigated lawns per lot will be supplied with water for lawn irrigation purposes from either the central system described herein or from the Herrick and Willow Creek Ditch which is not involved herein to the extent water for irrigation purposes is provided for in this plan (1.15 acres). Lawn irrigation has been computed on a modified Blaney- Criddle basis with an 80%efficiency factor.Thus,annual diversions required for lawn irrigation of the 1.15 acres of irrigation would be 2.243 af and annual consumptive use would be 1.80 af/yr(1.57 af/ac).A breakdown of delivery and consumptive use requirements of the development by month is attached as Exhibit`B". The point on Maroon Creek where well pumping is depletive to the surface flow of Maroon Creek is at or near the headgate of the Stapleton Brothers Ditch water right described in the First Claim hereof. Water diverted for in-house use is considered to be fully consumptive to that segment of Maroon Creek and the Roaring Fork River between Applicant's depletion pint and the District's discharge point. Irrigation return flows will return to Maroon Creek at or above the Applicant's depletion point. Applicant's consultants have opined that water pumped for consumptive use and irrigation return flows will be logged at an equal rate, such that they will have the same delayed impact to Maroon Creek. This delay is estimated to be less than 30 days. W:\Urschel\287a\Pleading\AppChgPoa0I.wpd 3 Case No. 99CW , Water Division No. 5 Application for Change of Water Right and for Approval of Plan for Augmentation In the event of administrative curtailment as a result of a water right calling from a location downstream of the confluence of the Fryingpan and Roaring Fork Rivers,release will be made to offset depletions from Ruedi Reservoir. In the event of administrative curtailment as a result of a water right calling from a location upstream of said point and: A. At a point downstream of the District discharge point: then Applicant will release water from on-site storage equal to the in-house consumptive use (3%) and lawn irrigation(80%); or B. At apoint upstream of the District's discharge point:then Applicant will release water from on-site storage equal to the diversion for in-house use(100%)and law irrigation (80%). An accounting plan, acceptable to the Division Engineer will be developed to facilitate in the administration of this plan for augmentation and change of water right. Dated this k4" day of November, 1999. PATRICK& STOWELL,P.C. A Professional Corporation Or/ Y Kevin L. Patric o. 9124 730 East II t Ave., Suite 200 Aspen, CO 81611 (970) 920-1028 Name and address of Applicant: Jack Guenther, as Trustee Under the Will of Charles F. Urschel Jr. Bexar Savings Tower, Suite 1512 1777 NE Loop 410 San Antonio, TX 78217-5212 W:1Ursche1\287aWleadingWppChgPoa01.wpd 4 Case No. 99CW_,Water Division No. 5 Application for Change of Water Right and for Approval of Plan for Augmentation STATE OF COLORADO ) ) SS. COUNTY OF PITKIN ) I,Gary L.Beach,consulting hydrologist,being first duly sworn upon oath,deposes and says that I have read the foregoing,knows the contents thereof and that the same is true to the best of my information, knowledge and belief. �(�--Gary Subscribed and sworn to before me this �/ day of November, 1999, by Gary L. Beach. s ltd s,tiWime cmy hand and official seal. _ o r t p .i• ' ,-• w M ' mml on expires: ("I(,a e ? ' 419 i A ti' C L :-° x:AZC r /i i �d i��_._ --- ./• r Pll C I W:\Ursche1\287aWleading\AppChgPoa01.wpd W:\Urschet\287a\Pleading\AppChgPoa0l.Wpd 5 DEC-51-1999 15 713 FROI:BEACH 970-925-4754 TO:970 925 664 r r.07701t13 DESCRIPTION-r 1+-493 ACRE PARCEL ..--- -. 4 A tract of /and situate in Section 4 Township 10•South Range 85 West of the 6th Prine/pa/ Meridian being more I particularly described as follows: Beginning of 0 pant on the easterly boundary of a tract of land described In Book 262 at Page 116 of the records of the Clerk and Recorder of Pitkin Count• Colorado whence the • South 1/4 corner of said Section 3 bears S 52'09'50 W 517.27 fest; thence N 05'41'34' E J8.27 feet along said easterly boundary to the southeast comer of a tract of land described rn Book 262 at Page 112 of sold Pitkin County records; thence along sold boundary described in Book 262 at . Page 112 the following four (4) courses: 1) N 05'41:ye E I 99.72 feet; thence 2) N 14'59:54 W 192.95 feet thence 3) N 26-34:21e W. 209.66 feet thence 4) S 30'45'19' W 273.06 feet to the northeriy line as described In Book 262 at Page • 116 of said Pitkin County records; thence N 50'79'36' W 717.51 feet along said northerly line to the west line of Lot 1J of Section 3; thence N 0122'00' E 880.39 feet along said west line of Lot 13 and the west lr.e of Lot 21 of said Section J to the north line of a tract of land described as Parcel 8 In Book 525 at Page 84 of said Pitkin County records; thence along sold north One the following four (4) courses: 1) N 88'29'27" E 50.46 feet thence 2) N 5?54 22'' E 244.00 feet thence 3) N 8810'27- £ 298.14 Z feet; thence 4) S 89'41:36' £ 70864 feet to a point on the 0 west line of a tract of /and described In Book 272 at Page 40, o/ said Pitt/n County records; thence along said west line Me following fin (5) courses: 1) 1735 feet along, the CSC ore o/ o ?531.64 toot radius torus to the n'yAG havig o ZJ central ong/e of 0.750'46' and subtending o chord bearing S J7 23 23' E 171.32 feet thence 2) S 2928'00' E 124. 12 feet.- thence 3) 11749 feet along the air of a 5J4.99 foot radius Curve to the right having a central angle of 72'34:58' and subtending a chord bearing S 2.710:71 £ 177.25 feet; thence 4) S 16'53'00' E 40.30 feet thence 5) I 51.38 feet along the arc of a 356.66 foot radius curvy to tin • /eft, having a centre/ angle of 736'48' and subtending a chord bearing S 20'4!'14' £ 51.34 feet to the northerly line of a tract of land described in Book 228' at Page 113 of said Pitkin County records; thence along said boundary described in Book 220 at Page 11J the following thrne(3) courses: 1) N 5716'37' W 77.48 feet thence 2) S 39'432. " W 255.00 feet thence 3) 5 521637 5 0.24 feet to the northerly line of a tract of land described M Book 258 at Page 874 of avid Pitkin County nscardf; thence along said line described in Book 258 at Page 874 the I following two (2) courses: 1) S 40-02'41a W 21.59 feet thence 2) S 0734J7" E 147. 1J feet to the most northerly • corner of a tract of /and described in Book 234 at Page 76 of said Pitkin County records; thence S 01;34'37' £ 150.39 feet along the west line described it Book 234 dt Page 76 to the northeast corner of a tract of land ascribed in Book 250 at Page 739 of sold Pitkin County Records: thence along the - boundary described in said Book 250 at Page 139 the following three (3) courses: 1) S 58'J823' W 311.96 feet thence 2) S 1SO1:7T E 210.47 feet thence 3) S OSJf 23- W 143.56 feet to the south line of said Lot 13; thence S 89'4521' W 60.90 feet along said south line to the point of beginning. Icontaining 16.493 acres more or Ins. • DESCRIP77ON-10.850 ACRE PARCQ A tract of /and situate In Sections J and 70, Township 10 South, Range 85 West of the 6th Principq/ Meridian being more particularly described as follows. • EXHIBIT Beginning at a point on the south boundary of a tract of land described in Book 234 at Page 76 of the records of the Clerk . n A„ and Recorder of Pitkin County. Colorado whence the South 1/4 carne of said Section 3 bean S 70'5520 W 977.48 feet thence along said boundary.the following six (6) courses: 7) N 89'4523 E 18215 feet; thence 2) N 22120;2'7' W 61E41 w.s0 I feet thence 3) N 57:76:77' W 111134 feet thence 4) N nl.n4•tr se vow R9 rfter- thane.. 5) N 37'17•J7' W 544.73 DEC-01-199S 1D:1.3 rnu,•.,_., .. of a tract of land O�sertoso a• a•"^ -- _ the rprljasost. eo"•er . along the at Page 731 Z old Pitkin County Records: the >. farrowing • boundary dea�✓u-d In sold Book 250 at Page thence three (3) courser 1) S a8•Jta' W 31�Jf W 14.x3 2) S 15--01•3T to E 210.47 of s thence J) rn'27 feet to the south sold south line to the thence of S 8beg beginning, W 60.90 conto feet along containing 16493 acres more or roes. • DESCR/PnON-10.850 ACRE PARCEL. A tract Range 85 situate West of the ct6th Principq/1 Township Meridian being more pouch, particularly described as follows: land Beginning at a point on the south boundary of a t a the Clerk described in Book 234 at Page 76 of the records and Recorder of Pitkin Count; Colorado whence the South 1/4 corner of said Section 3 boors S 705+14 W 97748 urses: 1) thence along said boundary the following sir (6) es. f N 6?th'nce ) 182. 15 51'36'37' thence W 175.34 feet thence 4) N feet N 3732'37' W 54.75 • 24•04•137"thence 156.61 feet; thence 5) feet tAenes 6) N ,3pJ2404' W 34.02 feet to the southeast 874 comer of a tract of lond described in Book 258 at Page of said Pitkin County records; thence N -Brant' (bed 3M Book feet along the east boundary of said tract dex 258 at Page 874; thence N 48-.3.337' W 2.75 feet Balong the northerly boundary described In Book 258 at Page point on the east line of a tract of land cleschnd 17 Book ' 228 at Page 11J of said Pitkin County records; thence scribed•In N 39'4373' E 59.96 feet along soid eastinin of a tract of land Book 228 at Page 113 to the southerly described in Book 271 at Page 401. thence along said • southerly line the following three (J courses: 1) S 48'38'00' E 476.14 feet thence 2210.37 feet along the arc of a 147.65 foot radius curet to the left haying a central angle of BltYe'04' and subtending a chord £r ng ; car S B9'?7.OZ" E :9102 feet thence 3) N . r "� 888. 16 feet to a point on the southerly right—of—way line of Cordaro a 5780.00 Highway radius 82; thence the left.feet along having a the central angle of 00.35'38 and subtending a chord Dearing S 3£27'49' E 60.40 feet along said southeny right—of—way line to a point on the northerly line of aajtract of land h described in Book 269 at page records; thence along said northery 'line the thence followingl)four (4) courses: 1) S 49'43'12' W 885.20 feet, thence 4) S 2.71712' W 178.04 feet to f the west line • ref Lot 1 of said Section 10; thence N OO^O0.48' W 630.09 feet along said west line of Lot 2 and Lot 14 of said Section 3 to the point of beginning, containing 10.850 acres mots or less. Job No. 3/70 �L+ e. Sol /O, T >O S. , Drvvn by:dote: AUG 96 85 IY, 6'Thr P. gppr. by: ,�- f Sc ntrtft • Urschel Tract D Consumptive Use Analysis Delivery Req.=100 gpd/person File: h:\quattroVlc\0102c.wb2 ASSUMPTIONS Number of People= 35 people Domestic Delivery Requirement is= 100 gpd/person TOTAL Delivery Demands is= 3,500 gpd Irrigation of Pasture Grasses Delivery is= 1.95 ac-ft/ac Irrigable area is= 1.150 acres OR 50,000 sq.tt TOTAL DIVERSIONS TOTAL DEPLETIONS Domestic Irrigation TOTAL 'Domestic Irrigation TOTAL Month (ac-f/mth) (ac-f/mth) (ac-tt/mth) (ac-fUmth) (ac-f/mth) (ac-f/mth) January 0.333 0.000 0.333 0.333 0.000 0.333 February 0.301 0.000 0.301 0.301 0.000 0.301 March 0.333 0.000 0.333 0.333 0.000 0.333 April 0.322 0.000 0.322 0.322 0.000 0.322 May 0.333 0.235 0.568 0.333 0.254 0.587 June 0.322 0.440 0.762 0.322 0.381 0.703 July 0.333 0.454 0.787 0.333 0.502 0.835 August 0.333 0.454 0.787 0.333 0.419 0.752 September 0.322 0.440 0.762 0.322 0.206 0.528 October 0.333 0.220 0.553 0.333 0.038 0.371 November 0.322 0.000 0.322 0.322 0.000 0.322 December 0.333 0.000 0.333 0.333 0.000 0.333 'TOTAL ANN-LAC 3.921 2.243 6.163 3.921 1.800 - 5.721 NOTES: ' 100% Consumptive Factor is due to municipal collection. Page: 1/1 Date: November 29, 1999 Completed by: Beach Resource Management EXHIBIT I nB„ I CuP Orig Z Z. • Clerk lllll�����J1l11! DISTRICT COURT, WATER DIVISION NO. 5, COLORADO By Deputy Case No. 99 CW S APPLICATION FOR DIRECT FLOW and STORAGE WATER RIGHTS CONCERNING THE APPLICATION FOR WATER RIGHTS OF: Jack Guenther,FBO Trust A,Wendy U.Larsen and as Trustee Under the Will of Charles F.Urschel, Marcella Larsen, individually, and as Trustee FBO Benjamin E. Larsen, in Pitkin County COMES NOW the Applicants, Jack Guenther, Jr. FBO Trust A, Wendy U. Larsen and as Trustee Under the Will of Charles F. Urschel, Marcella Larsen, individually, and as Trustee FBO Benjamin E.Larsen,by and through their attorneys Patrick&Stowell,P.C.,and respectfully requests the Court enter an order confirming the appropriations of water described herein and, as grounds therefore, states: Name, address and telephone number of Applicants: Jack Guenther,Jr.FBO Trust A,Wendy U.Larsen and as Trustee Under the Will of Charles F. Urschel Marcella Larsen, individually, and as Trustee FBO Benjamin E.Larsen c/o Patrick& Stowell, P.C. 730 East Durant Ave., Suite 200 Aspen, CO 81611 (970) 920-1028 FIRST CLAIM APPLICATION for DIRECT FLOW RIGHT 1. Name of structure: VU Pipeline Enlargement. 2. Legal description of point of diversion: The Point of Diversion is the same as for the V.U.Pipeline decreed in Civil Action No.4613, Garfield County District Court and as instructed in the field. The Point of Diversion is at a point whence the witness corner to the East Quarter of Section 15,Township 10 South,Range 85 West of the 6th P.M., bears North 27°3'East a distance of 1,047.10 feet. 3. Source: Maroon Creek. 4. Date of Appropriation: September 30,1999. a. Date water applied to beneficial use: n/a. • Water Division No. 5, 99CW b. How appropriation was initiated: Field inspection, engineering and formulation of intent to apply water to beneficial use. 5. Amount claimed: 3.4 cfs, conditional. 6. Uses or proposed uses:The filling of the VU Pond System for subsequent use of augmentation; exchange and irrigation. 7. Legal description and acreage of land to be irrigated: Up to 1.15 acres generally described in Exhibit"A", attached hereto. 8. The name and address of the owner of the land upon which the point of diversion is located is: Applicant; the name and address of the owner of the land upon which the place of use of the water is or will be is:Jack Guenther,Jr.,as Trustee Under the Will of Charles F.Urschel, do the Applicant. 9. Remarks: The water right is a part of an integrated water supply project filed even date herewith. SECOND CLAIM APPLICATION FOR STORAGE RIGHTS 10. Name of Reservoir: VU Pond System. VU Ponds Nos. 1 and 2. 11. Legal description of reservoir dam: A map of the pond system is attached as Exhibit "B"hereto. 12. Source: Maroon Creek via deliveries through the VU Pipeline described in the first claim hereof and the decree awarding the VU Pipleline original construction in Civil Action No. 4613, Garfield County District Court. 13. A. Date of Appropriation: September 30, 1999 B. Date water applied to beneficial use: n/a C. How appropriation was initiated: Field inspection, engineering and formulation of intent to appropriate water to the beneficial uses claimed. 14. Amount claimed:VU Pond No. 1 is 1.36 acre-feet,conditional. VU Pond No.2 is 1.08 acre- feet, conditional. 2 4 Water Division No. 5, 99CW 15. Uses or proposed uses:Direct irrigation,piscatorial and recreational uses and augmentation and exchange for the benefit of domestic, irrigation and fire protection purposes. 16. Maximum height of dam for VU Pond No. l is 9 feet Maximum height of dam for VU Pond No. 2 is 9 feet. 17. Length of dam for VU Pond No. 1 is 165 feet. Length of dam for VU Pond No.2 is 200 feet 18. Total capacity of reservoir for VU Pond No. 1 is 1.36 acre-feet Total capacity of reservoir for VU Pond No. 2 is 1.08 acre-feet. 19. Active capacity of reservoir for VU Pond No. 1 is 1.2 acre-feet. Active capacity of reservoir for VU Pond No. 2 is 1.0 acre-feet 20. Dead storage for VU Pond No. 1 is 0.16 acre-feet. Dead storage for VU Pond No. 2 is 0.08 acre-feet. 21. Name and capacity of ditch leading to reservoirs: VU Pipleline, 3.4 cfs 22. The name and address of the owners of the land upon which the places of storage are located are:Applicants;the name and address of the owner of land upon which the place of use of the water is or will be is: Jack Guenther,Jr. as Trustee Under the Will of Charles F. Urschel. 23. Remarks:The subject right is a component part of an integrated water supply plan filed even date herewith. Dated this gat day of November, 1999. PATRICK& STOWELL, P.C. A Professional Corporation By: Kevin L. Pa, ck No. 9124 730 E. •urant Ave., Suite 200 Aspen, CO 81611 (970) 920-1028 Name and address of Applicants: Jack Guenther, Jr., as Trustee Under 3 • Water Division No. 5, 99CW the Will of Charles F. Urschel and as FBO Trust A, Wendy U.Larsen 112 E. Pecan St. San Antonio, TX 78217 Marcella Larsen, individually,and as Trustee FBO Benjamin E. Larsen 1965 Maroon Creek Road Aspen, CO 81611 STATE OF COLORADO ) ) SS. COUNTY OF PITKIN ) I, Gary L. Beach, being first duly sworn upon oath, deposes and says that I have read the foregoing,know the contents thereof and that the same is true to the best of my information,knowledge and belief. Gary L. Subscribed and sworn to before me this 3D14-'day of November, 1999, by Gary L. Beach. ,-Witness my hand and official seal. • .• • co.. My,Commission expires: /`��10 DO r e& ..I g'1�_.eA/ / i2 o' " o: • ,+lic w:11.1nschen287.\PkadingMppwrta1..pd 4 CEC401-1999 15:13 FROM:BERCI _ 970-925-4754 TO:9T0 925 6847 P.002e003 tom' •• - -or of a tract of /and descnoeo in o....+ --- _ le a� northeast skd Pitkin County Records: then 'long e /os•/ng boundsry, deserted In said Book 250 at Page thence three (J) courses: 1) S 88'3823' W 311.96 2J'/W »36 S 1501•37' E 210.47 feet; thence J) S 89W 2. W feet to the south old south line to the pa� of winning, 60.90 feet along I containing 16.493 acres more or less. • DESCRIPTION-70.850 ACRE PARCEL • A tract of land situate In Sections .3 and 100, oow hboing more South, Range 85 West of the 6th Pnncipq 1 .Meridion portico/arty described as follows: Beginning at a point on the south boundary of a tract of land described m Book 234 at Page 76 of the records of the Clerk • and Recorder of Pitkin County. Colorado whence the South 1/4 I comer of said Section J bears S 705520' W 977.E feet thence o/any said boundary the following six (6) N 894525 E 782.15 feet; thence 2) N 12720:77 W 66.41 feet thence J) N 57'36'37" W 776.34 feed thence 4) N Iasi 24 04: r W 156.62 feet; thence 5) N 37'32•J7' Jr 54.75 feet thence 6) N 30'32.04' W ..14.02 .feet to the southeast :g?lrl comer of a tract of land described in Book 258 at Page 874 of said Pitk/n County records; thence N 39'432.Y E 306..12 feet along the east boundary of said tract described m Book 258 of Pogo 874; thence N 48:27 J7' W 2.75 feet taro along the the northerly boundary described In Book 258 at Page i point on the east /lire of a tract of land described in Book 228 at Page 11J of said Pitkin Count records; thence N 39'43.27' E 59.96 feet along said east /Ins described•in Book .228 at Page 113 to the southerly line of a tract of land described in Book 272 at Page 401. thence along said southerly line the following three (J courses: 1) S 48.38'00' E 476.14 feet thence 2 210.37 feat along the arc of a 147.65 foot radius curve to the left haying a u. central angle of 81'3804' and subtending a chord bearing r S 8.7.27'02' E 193.02 feet thence 3) N 49'4400' E c s' ' B88.16 feet to a point on the southerly right-of-way line of Colorado State Highway Na 82; thence 60.40 feet along he an: of a 5780.00 foot radius curve to the left, haying a central angle of 00:15'55" and subtending a chord bearing S 3627'49' E 60.40 feet along said southerly right-of-way line to a point on the northerly line of a tract of land described in Book 269 at page 599 of sold Pitkin County records; thence 'along said northerly line the following four (4) courses: 1) S 49•43'12' W 883.20 feet thence 2) S 403629' W 176.92 feet; thence J) S 44• 7'1! W 904.53 feet; thence 4) S 201772' W 178.04 feet to the west he - /./of Lot 1 of said Section 10; thence N 0000'46' Jr 630.09 feet along said west line of Lot 2 and Lot 14 of said Section J to the point of beginning, containing 10.850 acres more OP less. Joe No. 8/70 EC, SC&>O, T. 7 0 4-.5 r Drown by: Ono pr AUC 96' 1? 8S i , 6 .7:N P. Al Appr. by: ,rr OF ' 0'In f 1 DECi01-1999 15:13 FROM:BEACH 970-925-4754 TO:970 925 6647 P.0030003 • 4 DESCRIPTION-16.493 ACRE PARCEL A tract of land situate h Section a Townsh* 10•South. I Range 85 West of the 6th Princpa/ Meridian being mare • particularly described as follows: Beginning at a point on the easterly boundary of a tract of land described h Boat 262 at Page 116 of the records of the Clerk and Recorder of Pitkin County, Colorado whence the South 1/4 corner ence N 054!'3 £ 38.27 feet along� sok1 easterly boundary to the southeast corner of a tract of land described in Book 262 at Page 112 of said Plain County 62 of records; thence along said boundary described in Book Pope 112 the following four (4) courses: I) N 05'4134" E I 99.72 feet; thence 2) N 743.9'36' W 192.95 feet thence 3) N 28'3421" W 209.66 feet thence 4) S 38'4.5'19' W 27308 feet to the northerly line as described in Book 262 at Page 116 of said Pitkin County records; thence N 5719'36' W 117.51 feet along said northerly tine to the nest line of Lot 7J of Section 3; thence N 072200' E 880.39 feet along said west line of Lot 1J and the west line of Lot 21 of said Section 3 to the north line of a tract of land described as Parcel 8 in Book 525 at Page 84 of said Pitkin County records' thence along sold north line the following four (4) courses: 1) N 88'29 27' E 50.46 het; thence 2) N I 89'5427" E 244.00 het thence 3) N 88.1027' E 296. 14 �� feet thence 4) S 89141'36' E 108.64 feet to a point on the O west line of a tract of land described h Book 272 at Page 401 of said Pitkin County records; thence along said west line the following five (5) courses: 1) 171..35 feet along the CA arc of a 2552 foot ot radius curve to the right having a i.;" central angle of 03'50.46• and subtending a chord bearing S 32-2.5'23" E 771.32 feet' thence 2) S 29'28 G0" E 124. 12 feet; thence J) 117.49 feet along the arc of a 534.99 foot radius curve to the right, having a central angle of 1234'58' and subtending a chord bearing S 2.'1037 E 117.25 feet; thence 4) 5 16-.5.5100" E 40..30 feet thence 5) I 51.38 feet along the arc of a 386.56 foot radius cure to the • left, having a central angle of 7'36'48' and subtending a chord bearing S 20'4124" E 51.34 feet to the northerly line of a tract of land described in Book 229 at Page 113 of said Pitkin County records; thence along said boundary described in Book 228 at Page 113 the following three(J) courses: 1) N 521637. W 77.48 feet thence 2) S 37.4323' W 255.00 feet thence J) S 5216'37' E 0.24 feet to the northerly line of a tract of and described in Book 258 at Page 874 of said Pitkin County records; thence along said line described in Book 258 at Pogo 874 the I following two (2) courses: 1) S 40'02'41' W 21.59 feet thence 2) S 073437' E 147. 13 feet to the most northerly corner of a tract of /and described in Book 2.34 at Page 70 of sold Pitkin County records: thence S 01'34'37' E 75939 feet along the west line described in Book 234 at Page 76 to the northeast corner of a tract of /and described in Book 250 at Page 739 of said Pitkin County Record,; thence along the . . boundary described in said book 250 at Page 139 the following three (3) courses:. 1) S 88'382.7. W J71.96 feet thence 2) S 1SOt37' E 210.47 feet; thence 3) S 05'37'23" W 14.136 feet to the south line of said Lot 13; thence S 89'4527' W 60.90 feet along said south line to the point of beginning, Icontaining 16.493 acres more or less. • DESCRIPTION-70.850 ACRE PARCEL • A tract of /and situate in Sections J and 70, Township 10 South, Range 85 West of the 6th Principq/ Meridian being more particularly described as follows: • EXHIBIT Beginning at o point on the south boundary of a tract of land described in Book 234 at Pogo 76 of the records of the Clerk . I „A• and Recorder of Pitkin County, Colorado whence the South 7/4 corner of said Section 3 bears S 70'55206 W 97748 feet thence along said boundary the following six (6) courses: 7) N 89'4525 E 182.15 feet; thence 2) N 2277037' W 6641 'zr4 feet thence 3) N 51'36:37' W 116.34 feet thence 4) N .7i.ni•Tr W tee R9 r..r- rn.nr•. .Si N 37•1137. W 54.75 PDU• -1999 19:15 FR71:BEFlCH EXHIBIT 10:970 925 6847 P.004•004 I „H" p; -.9ifei . (//prriar .77 . . -7/,,,r, Hsi: 4,1-<. , (I , it.-.. ..., f4 ( (' //. :(<1e4 I c'i .11 'II 1 I ' , )- cf ,4 . .k.- , , II. 1 r .:0010ticm--(-?--) . -,/ :) \ , \ ili / . " . , ,,:',*7) f , / . i i i 1 A . i 1 /k'r ...., . a .7. )2 .r , , ,.. i 7,, , . . . „. ...,,, , ,,, , /.., ... ..; 2,4,,, i, i, ./ , ..., ., ;.... , .. ,, 9. , ! � ,/ Jam. 'I, .i ril 1 �0 V III,y..::::_re yi •p ; I _ : , -- _ //iv, , f 77.,i. <. ��) 4 j i �s /� 799 . -1 �; /i• �// ./ ii' 1 # 7993.4 cr., no . I /11_ m ' 20' Stie4 . a di,, \. L f /' /- . 0° , ' , ,1 sooe. i I /( x .• 1 i r_.P_ W )2 008.7. r , " 14�t l � /� ; 8008.2 I \ - ,\, - •% / / st * %;\ •• i ii f/ / .‘ '. , 1' zpe.4$ ".--: .;,- .0 /, . ..__,..j/ \ ‘`, .‘ ..-. I 0 ,i,? z-,.. _ 4../ i : r;I ,I.11 i \ 27 : T57 r 2 i Beach F! GENERAL LOCATION MAP LTRSCHEL PONDS Resource Management. LLC Aspen, Colorado November 1999 SCALE: 1" = 100't SW% Section 15, T1OS, ROW, 6th P.M. EXHIBIT 12 Aspen Consolidated Sanitation District RECC%VE P 1999 Sy Kelly * Chairman John Ke1e1-5 Paul Smith * Treas Frank Lous$& --- Michael Kelly ' Secy Bruce Matherly, Mgr September 15, 1999 Ron Thompson, Project Manager SGM 118 W. 6th, Suite 200 Glenwood Springs, CO 81601 Re: Urschel Tract D Dear R.c'n. This letter is written to confirm that we have received the petition for inclusion for the Urschel property which scheduled for board action on the 5th of October. I don't anticipate any problems with the inclusion. We currently have both collection and treatment capacity available for the project. Service would be provided by the main that is located in Tiehack Road. If downstream constraints exist in the collection system they will be eliminated through a system of additional proportionate fees. As detailed plans for the individual lots become available, tap permits can be completed. We require tap fees top be paid prior to the issuance of building permits. As usual, service is contingent upon compliance with the District rules, regulations, and specifications which are on file at the District office. Please call if you have any questions. Sincerely, Bruce Matherly District Manager 565 N. Mill St.,Aspen, CO 81611 / (970)925-3601 / FAX (970) 925-2537 01/14/00.,,FRI 09:02„FAX 1 970 94S 5xo7 943 SCHYPESER GORDON MEYER ®001 u,u tit ACSD .. _ ®0002/0007 • £pen Consolidated Sanitation District Sy Kelly' Chairman )nhn Keleher , • Paul Smith •Trees Franc=Louellin7 Michael Kelly• Sccy Bruce Matherly, Mgr January 13, 1996 • . Ron Thompson SGM 118 West.6th, Suite 200 Glenwood Springs, CO 81601 Re: Urschel Inclusion • Dear Ron' • A copy of the Court's Order of Inclusion for the Urschel property follows. The inclusion was completed on the 4th of January. • Please call if you have any'questions. Sincerely, • • Bruce Matherly District Manager • • • Post-it Fax Note 7671 O0ie t/!4/coo 1486). a Vnsn3 Flom Q -r- • Co./Dept. Co L' M Phone• Phpne•445 '1004 Fax" 41 2b - 9,10 Fax• 565 N. Mill SI.,Aspen, CC)81611 / (970)925-3601 / FAX (970) 925-2537 01/141.00 -.FRI 09:,0: FAX 1 970 aa5 Saa9 SCHYUESER GORDON MEYER 1002 �Y/Y YY8 aaOT ACSD �0003/0003 y✓ - I LULL 11111 NIN IINI1111 NNI II NII flN 4391/5 11/14/2110 11:411 1W'" IO OAVIS SILVI 1 of 1 R SAO O 1.11 N 1.8e PITKIN COUNTY CO •15.., CCttI%t DISTRICT COURT, COUNTY OF PITKIN,STATE Of c9L,ORCiff50.;-1t Case No. 83 CV 170 2 13, 11'1'14 u COURT'S ORDER OF INCLUSION pSPetl• COlOA A00 I ' IN THE MATTER OF THE ASPEN CONSOLIDATED SANITATION DISTRICT THIS MATTER coming before the Court upon Petition and filing of an Order of the Board • of Directors of the Aspen Consolidated Sanitation District granting the inclusion of certain additional real property into the District;and it appearing to the Court from the Board's Order that the property hereinafter described is capable of being served with facilities of the District and that the fee owner of such property,the Estate of Charles F. Urschell,Jr.,filed with the Board of Directors a Petition, which Petition is in the manner and form prescribed by statute; and it further appearing that the Board of Directors on October 5, 1999,at the hour of 4:00 p.m.,after duly publishing notice of the filing of said Petitioner for a period of two consecutive weeks,proof of which publication is attached to District's Petition,duly granted said Petition and on said date made and entered an Order to that effect, which Order has been filed with the Clerk of this Court: THAT PART OF THE S.W. CORNER, N.W. CORNER OF SECTION 14, TOWNSHIP 10 S.RANGE 85 WEST OF THE SIXTH P.M.LINE NORTHERLY AND WESTERLY OF THE NORTHWESTERLY BANK OF MAROON CREEK, IN THE COUNTY OF PITKIN, STATE OF COLORADO IT IS THEREFORE ORDERED: 1. The above described real property be included within the Aspen Consolidated Sanitation District: 2. That this Order of Inclusion shall be filed and recorded in accordance with the provisions of C.R.S. §32-1-105 as amended; and 3. After the date.'inclusion as fixed by the filing, such property shall be subject to • terms and conditions of inclusion and all other taxes,charges, impositions,rules, regulations,and • obligations of the District pursuant to C.R.S. §32-1-402, as amended. So ordered this Y- day of es i, . ���n . C 2i is ICr. F CF MAILING ", - Cergy t .t : --^vof n tO a., F j strict Court Jt Ztetn w .r •t .orovioga: 4..1 p, n. • Or YDttc�cr-ut/,( Fi0 �� Dats KN Energy, Inc. in • 0096 County Road 160 ENERGY Glenwood Springs, CO 81601 (970) 928-0401 Office (970)928-0406 FAX t ' 07/26/99 .,i5 a • Schmueser Gordon Meyer Ron Thompson 118 West 6's, Suite 200 Glenwood Springs CO 81601 RE: Urschel Dear Ron: I have reviewed your drawings and determined that it will be possible to serve this development from the Maroon Creek Club, however the exact location of tie in has not been determined at this point. Please forward me this drawing in electronic format so we can continue our engineering processes. The need for the electronic format will be consistent in all projects going forward. So as to expedite returning the needed information back to you I request that you forward me a disk or e-mail (gall, evans(ajcne.com) of the final plat with roadways, dedicated easements, lot lines, building envelopes, and other proposed utilities as soon as a firm plan becomes available to you. Please contact me with any questions. Sincerely, Gary Evans Retail Leader Jul-19-99 12:31 From-USNEST FIF'- 5NG GJT 9702444349 T-859 P.01/01 F-785 nr . COMMUNICATIONS 7-19-99 SCHMUESER GORDON MEYER.INC ATTN: RON THOMPSON,PROJECT MANAGER 118 WEST 6TH,SUITE 200 GLEN WOOD SPRINGS,CO.81601 970-945-1004 OFC 970-945-5948 FAX RE: URSCHEL TRACT D US WEST COMMUNICATIONS WILL PROVIDE TELEPHONE SERVICE,TO THE ABOVE MENTIONED PROJECT AS REQUIRED BY TARIFFS,FILED through THE COLORADO PUBLIC UTILITY COMMISSION. IF YOU HAVE ANY QUESTIONS PLEASE CALL 1-970-244-1308 SINCERELY GARY GIBSON MANAGER .Vp�V4YYn -.4__.. r..aYn v••••a VO/ice/V• 1YY aaa1 1'1V a VIV Y�Y VI7Y (s70)945.1004 -M--_----_=- 118 West en,1 sane 200 80011.02 FAX(970)945-5948 ____ _ Glenwood Sonngs CO 87601 August 19, 1999 Mr. Mike Johnson VIA FAX 925-4106 ICI - Aspen • 201 AABC - Aspen, Colorado 81611 RE: Urschel Tract D Dear Mike: This five-lot subdivision is at the end of Tieback Road, Maroon Creek Club. We are proposing to tie onto your existing facilities at the end of the cul-de-sac and run utilities 845 ft. to the end of this road extension. Please sign this letter of your utility's ability to serve this project. Feel free to mark up the plan sheet with any facilities you may require such as pedestals and transformers. Sincerely, Schmueser Gordon Meyer, Inc. TCI — Ability to Serve !Ron Thompson, Project Manager Ail Mike Jo nson k..4vrvro- CooraAtiAl 92A76E.Shabyle4Z RtIg N3dSd 3ladD ID1 Wd60:30 66, 02 9fld I 'd