HomeMy WebLinkAboutLand Use Case.1010 Ute Ave.49C86-87REPRESENTATIVE -
•
RepresentativeAddress /Phone: 3/i f• Alyma �
Sup e
30 S
.S-
TYPE OF APPLICATION: ESL.( c / y/ . s /on /P(, A r T/L�-f
PAID: (YES) NO AMOUNT: On
1 STEP APPLICATION:
P &Z MEETING DATE:
DATE REFERRED:
2 STEP APPLICATION:
PUBLIC HEARING: YES NO
INITIALS:
I
r
CC--) MEETING DATE:
j,
PUBLIC HEARING: YESC
DATE REFERRED
• �U - =�"
CASELOAD
SUMMARY SHEET
OD -O,/,/
City
of Aspen
REFERRALS:
-6 ?- OOS
DATE RECEIVED: ,51RC187
Mtn. Bell
PARCEL
ID AND CAS N
CA %S
DATE COMPLETE:
Rocky Mtn Nat Gas
Housing Dir.
State Hwy Dept(GW)
Aspen Water
STAFF
MEMBER:
PROJECT NAME: 1 &o l.C� /el?UPhU
Fire Chief
P SU ���V /S %D/7 �/°lln
L /�Ja PlGL14-
Project Address: 1 i-e
l4ve •
/9s,o erg, CO
Transit
//0/0
APPLICANT: �0 /0 aT i L m/'�O •
sef
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to 1'I r40 /-S T
Other
Applicant Address: P O • /3ox
REPRESENTATIVE -
•
RepresentativeAddress /Phone: 3/i f• Alyma �
Sup e
30 S
.S-
TYPE OF APPLICATION: ESL.( c / y/ . s /on /P(, A r T/L�-f
PAID: (YES) NO AMOUNT: On
1 STEP APPLICATION:
P &Z MEETING DATE:
DATE REFERRED:
2 STEP APPLICATION:
PUBLIC HEARING: YES NO
INITIALS:
I
r
FINAL ROUTING: DATE ROUTED: X07 INITIAL:
City Atty City Engineer Bldg. Dept.
Other:
FILE STATUS AND LOCATION:
CC--) MEETING DATE:
PUBLIC HEARING: YESC
DATE REFERRED
• �U - =�"
INITIALS�� C�
REFERRALS:
ity Attorney
Mtn. Bell
School District
.City Engineer
Parks Dept.
Rocky Mtn Nat Gas
Housing Dir.
Holy Cross
State Hwy Dept(GW)
Aspen Water
Fire Marshall
State Hwy Dept(GJ)
City Electric
Fire Chief
B1dg:Zon /Inspect
Envir. Hlth.
Roaring Fork
Roaring Fork
Aspen Consol.
Transit
Energy Center
S.D.
Other
FINAL ROUTING: DATE ROUTED: X07 INITIAL:
City Atty City Engineer Bldg. Dept.
Other:
FILE STATUS AND LOCATION:
Caseload Disposition for the 1010 Ute Final Plat and Pud Agree-
ment Planner Glenn Horn
This case has a complete series of conditions that are too long
to list here. For information refer to the final plat file which
has the subdivision /pud agreement in it. The final plat is filed
in the City Engineers office.
EXHIBIT '.'F."
Chen Associates
Consulting Geotechnical Engineers
Sutherland Fallin, Inc.
1280 East Ute Avenue
Aspen, Colorado 81611
Attention: Mr. Dick Fallin
Gentlemen:
96S o u I h Zuni
Denver, Colorado 80223
303.744 -7105
March 2, 1987
Casper
Colorado Springs
Fort Collins
Glenwood Springs
Rock Springs
Salt Lake City
San Antonio
BOOB 539 Pmc 646
Subject: Engineering Geologic Conditions,
Lots 12 through 15, 1010 Ute Avenue
Development, Aspen, Pitkin County,
Colorado
Job No. 1 164 87
This report has been prepared to summarize our interpretation of
engineering geologic conditions for Lots 12 through 15 of the 1010 Ute Avenue
Development in Aspen, Colorado. Our interpretation of engineering geologic
conditions is based on a preliminary geologic and soil study of the 1010 Ute
Avenue Development site completed by Chen & Associates in 1973 (Chen &
Associates' Job No. 10,282) and an engineering geologic reconnaissance by Chen
& Associates in 1986 (Chen & Associates' Job No. 1 1050 86).
Site Description: As shown on Fig. 1, Lots 12 through 15 are near the south-
east corner of the development. Lots 12 through 15 lie on the eastern slope
of a narrow ridge overlooking the Roaring Fork River which lies approximately
100 to 150 feet further to the east. The slopes in the area are in the range
of 30% or slightly steeper as indicated on Fig. 1.
The lots are presently vacant. Site vegetation is mainly grasses, sage
brush, low aspen and scrub oak.
Proposed Develo nt: She current plans are to construct one single - family
residence on each of the four lots with the necessary access roads and
utilities. Zhe lots will be serviced by the Aspen Municipal Sewer and Water
Systems. Proposed hamesites are shown on Fig. 1. The building levels will be
terraced up the hillsides to conform to the topography and limit the heights
of cuts and fills.
Geologic Setting: Our interpretation of the surficial geology across the
proposed development is shown on Fig. 1. Lots 12 through 15 are underlain by
a glacial moraine complex deposited by valley glaciation of the Roaring Fork
valley during the late Pleistocene. The slightly humiocky topography of the
valley floor is typical of glacial moraine deposits. Est holes drilled for
Chen & Associates' 1973 studies indicate the moraine material consists of
Sutherland Fallin, Inc.
March 2, 1987
Page 2
Pum 539 PAGE647
relatively clean, coarse-grained soils ranging from fine sands to boulders.
The silt and clay content of samples of the moraine soils was usually less
than 10 %. It is likely that the glacial deposits extend to a considerable
depth below the valley floor.
The moraine deposits have been identified on Fig. 1 by map symbol Qgm.
The glacial deposits will probably be the foundation soils for structures
planned for Lots 12 through 15.
Potential Geologic cts: Several factors of a geologic nature could impact
the development of Lots 12 through 15. These include steep slopes, flooding,
erosion, and seismicity.
Steep Slopes: Lots 12 through 15 lie on the more steeply sloping
sections of the proposed 1010 Ute Avenue Development as shown on Fig. 1. We
understand provisions to limit the amount of site disturbance will be provided
by stepping the structures up the steep slopes.
For preliminary grading, the following general criteria can be used.
Permanent unretained cuts should be no higher than 10 feet and cut slopes
should not exceed 2:1 (horizontal to vertical). Likewise, unretained fills
should not exceed 10 feet in height and should not exceed 2:1 (horizontal to
vertical). Fill foundations should be carefully prepared prior to placing
fill. Fills constructed on existing hillsides exceeding 5:1 (horizontal to
vertical) should be placed on relatively level benches cut into the natural
hillslopes. Although not anticipated, if seepage is encountered in cut
slopes, drainage techniques should be evaluated and employed to protect slope
and foundation stability.
Based on our present knowledge of the subsoils, in our opinion
development of these four lots can be done with proper engineering. Site -
specific subsurface investigations should be planned for each of the lots to
evaluate slope stability, to develop foundation design information, and to
develop grading criteria.
Flooding:
Flooding periodically occurs along the Roaring
Fork River.
Based on Chen
& Associates' 1973 report,
the proposed
homesites
for Lots 12
through 15 lie
well above the "Standard
Project Flood ",
taken from the Army
Corps of Engineers' 1973 report. This flood has a return period
in excess of
100 years. No
other significant drainage
channels occur
within or
adjacent to
the four lots.
Erosion: Areas of the site stripped for construction will subject to
increased erosion. Concentrated runoff should not be allowed to discharge on
unprotected slopes. All stripped areas should be revegetated or protected by
other means. Erosion control measures should be made part of the overall
development plan. Flooding of the Roaring Fork River may cause bank erosion
Chen & Associates
Sutherland Fallin, Inc.
March 2, 1987
Page 3
you 539 `PAGE
along the channel approximately 100 to 150 feet east of the four lots. We
observed no signs of accelerated bank erosion during our field
reconnaissance. However, channel stabilization may be required in some areas
in the future.
Seismicity: Historic seismic activity in the Aspen area has been
relatively low. Potentially active faults have not been identified in the
project area (Kirkham and Rogers, 1981). In our opinion, the area does not
present an earthquake risk above that normally considered for the region. The
site is in the Uniform Building Code Seismic Zone 1.
Limitations: This report has been prepared in accordance with generally
accepted geotechnical engineering practices in this area for use by the client
for preliminary planning. The conclusions and recommendations submitted in
this report are based on a general understanding of the proposed construction,
a site reconnaissance, and our previous experience. Additional investigations
are recaninended to provide specific design criteria for foundations,
pavements, major cuts and fills, and other soil - related construction
activities.
If there are any questions concerning this report or if we may be of
further service on the project, please let us }mow.
RHS /jj/bn
Rev. By: RGM
Encl .
Chen &Associates
Sincerely,
CHEN & ASSOCIATES, INC.
REFERENCES
BOOK 539 PAGE649
Bryant, Bruce, 1972. Map Showing Areas of Selected Potential Geologic
Hazards in the Aspen Quadrangle, Pitkin County, Colorado, USGS Map
I- 785 -A.
Bryant, Bruce, 1971. Geologic Map of the Aspen Quadrangle, Pitkin County,
Colorado, USGS Map GQ -933.
Chen & Associates, Inc., 1973. Geologic and Soil Analysis and Radiation
Evaluation Report, Benedict- Larkin Property, Aspen, Pitkin County,
Colorado.
Chen & Associates, Inc., 1986. Engineering Geologic Reconnaissance, 1010 Ute
Avenue Development, Aspen, Pitkin County, Colorado.
Colorado State University, 1974. Pitkin County, Colorado, Lower Roaring Fbrk
Valley, Environmental Resource Analysis.
Kirkham, Robert M. and Rogers, William P., 1981. Earthquake Potential in
Colorado, Colorado Geological Survey, Bulletin 43.
Chen & Associates
Nom 539 PAGt 050
U'
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Recorded at ME tc k
Reception No _...,.._....r
SILVIA DAVIS PITKIN COIIM RECORDER
DEDICATION OF REAL PROPERTY TO
EMPLOYEE HOUSING RESTRICTIONS AND GUIDELINES
FOR LOT 17 -R, TEN TEN UTE SUBDIVISION, ASPEN, COLORADO
THIS DEDICATION, made and entered into this _1_L� day of
7J Nei 1987, by 1010 UTE CORPORATION, a Colorado
corporation (hereinafter referred to as "Owner ") and the City
of Aspen, Pitkin County, Colorado, a Colorado municipal
corporation (hereinafter referred to as "City ").
WITNESSETH:
WHEREAS, Owner is the record owner of the following
described real property and the improvements located thereon
situate in the City of Aspen, Pitkin County, Colorado, to wit:
Lot 17 -R, Ten Ten Ute Subdivision, according
to the Plat thereof recorded in Plat Book
1q at Page t in the office of the Clerk
and Recorder for Pitkin County, Colorado.
WHEREAS, pursuant to the provisions of that certain
P.U.D. and Subdivision Agreement for Ten Ten Ute Subdivision
recorded in Book , °i at Page 4 = in the office of the Clerk
and Recorder for Pitkin County, Colorado, Owner is required
to dedicate Lot 17 -R to specific employee housing
restrictions and guidelines; and
WHEREAS, the City Council of the City of Aspen on June
g 1987, approved the use of Lot 17 -R, upon the filing of
this dedication and declaration, to satisfy employee housing
requirements of Ten Ten Ute Subdivision as reflected in the
P.U.D. and Subdivision Agreement therefor recorded in Book
� j`` at Page i
L-1
0
may be in effect from time to time. Verification of any
employee's income and employment qualifications shall be
accomplished by City of Aspen or its employee housing
designee prior to and as a condition of occupancy. The unit
shall be at least three - bedroom and shall be at least 1,000
sq. ft. Owner reserves the right to give employees and
caretakers of the project first priority to occupy the unit.
Occupants shall be selected by Owner. Owner shall charge
low- income rent, but occupant's income may exceed low- income
qualifications.. The unit shall be constructed and a
Certificate of Occupancy issued prior to the issuance of a
Certificate of Occupancy for the first free - market
residential unit of the project to allow for concurrent
construction of the units. The rental or sale price
guidelines for the unit shall be indexed to the annually
adopted employee housing guidelines approved by City.
2. The dedication and covenants contained herein shall
be deemed a burden upon and to run with the title to Lot 17 -R,
shall be binding upon the Owner, its successors and assigns,
and upon all persons or entities having any right, title or
interest in or to Lot 17 -R or any part thereof, and shall
inure to the benefit of and be specifically enforceable by the
City of Aspen or its designee by any appropriate legal action
including injunction, abatement or eviction of non - complying
tenancies, all for a period of fifty (50) years from the date
of recording hereof in the Pitkin County real property
records.
3. Neither this dedication nor any of the covenants
contained herein shall be modified, released or waived in any
respect except by written instrument executed by both Owner
or its successors and assigns and the City of Aspen, Colorado
and duly recorded in the Pitkin County real property records.
4. 1010 Ute Corporation hereby warrants and represents
that any and all persons, firms or entities having any lien,
encumbrance or interest in Lot 17 -R have consented to this
dedication and, further, that this dedication shall not be
recorded in the office of the Clerk and Recorder for Pitkin
County, Colorado, without consent of any such person.
IN WITNESS WHEREOF, Owner has hereunto set its hand and
seal as of the day and year first above written.
OWNER:
1010 UTE CORPORATION, a
Col o corpse atio
B d ��
(ADDITIONAL SIGNATURE AND NOTARY
PAGE)
- 2 -
APPROVED AS TO FORM:
Aspen City Attorney
By
Paul J. Ta`C ne
� , -- � .� -.mil r�,., r.. �cC�< L ; C�.r -,--.. •-�,
4,C NOWLEDGMENTS ON N�X
qb
muB!
APPROVED AS TO FORM:
ASPEN/PITK COUNTY ��OUSIN UT
N G A HORITY
Director
STATE OF COLORADO )
ss.
.CMNT%-•OF PITKIN
e foregoing instrument was acknowledged before me this
. qr w ,
as
by
1987
of 1010' UTE CORPORATION, a Colorado
a-
pin
1*1, ]�SS;!my hand and official seal.
M?j commission expires:
Notary Public
dedication/LOWE3
- 3 -
r
EXHIBIT "A"
COVENANTS, CONDITIONS, RESTRICTIONS AND RESERVATIONS
TO THAT CERTAIN DEED DATED -3 UV // , 1987, FROM
1010 UTE C
ORATION TO THE CITY OF ASPEN
THIS DEED is made upon the express condition that the
property hereby conveyed shall forever be used and maintained
as a passive public park whose primary purpose is to provide
Nordic and Alpine ski, as well as hiking access to Aspen
Mountain, and that overnight parking shall forever be
prohibited within the boundaries of said park.
THIS DEED is made upon the further express condition
that the City of Aspen, or its successor in interest, shall
own, maintain and operate the irrigation system to be
installed in said park, and be responsible for the
maintenance and general upkeep of the park once the
improvements, as represented in the GMP Application of 1010
Ute Corporation, are constructed and installed.
THIS DEED is made upon the further express condition
that the City of Aspen agrees that it will save and hold
Grantor, its successors and assigns, harmless from all
claims, causes of action, suits, damages or demands
whatsoever in law or in which may arise out of or as a
consequence of the City's negligence in maintaining,
repairing and utilizing of this parcel.
GRANTOR hereby reserves unto itself, its successors and
assigns, the right to prosecute any action to enforce these
covenants by injunctive relief. The prevailing party in any
such enforcement action shall be entitled to an award of
costs and expenses, including attorneys' fees.
GRANTOR hereby reserves unto itself, its successors and
assigns, the right to go upon and modify the surface of said
property for the purpose of constructing and installing the
improvements represented in its GMP Application, as well as
the right to construct the improvements which widen Ute
Avenue, together with the right to maintain the landscaping
in the ten foot (101) easement reserved for street widening.
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CD 7
PUBLIC TRAIL EASEMENT GRANT
vi ZC
N ti
THIS EASEMENT GRANT is made between 1010 UTE CORPORATION, a
Colorado corporation (hereinafter referred to as "Grantor ") and the
CITY OF ASPEN, a Colorado municipal corporation (hereinafter referred
to as "Grantee ").
The following recitals of fact are a material part of this
instrument:
A. The Grantor is the owner of a tract of land which it seeks to
subdivide as Ten Ten Ute Subdivision, and which is more fully described
on the Plat: thereof to be recorded in connection herewith in the office
of the Clerk and Recorder for Pitkin County, Colorado;
B. The Grantee, as part of its subdivision approval process,
requires certain public trail easement grants to supplement its
existing system of public trails; and
C. The Grantor wishes to grant and the Grantee wishes to receive
a public trail easement over, across and along that part of Ten Ten Ute
Subdivision as shown and described on the Final Plat of said
subdivision.
NOW, THEREFORE,.in consideration of Ten Dollars ($10.00) and other
good and valuable consideration, the receipt and sufficiency of which
are hereby acknowledged, the following grants, agreements, and
covenants and restrictions are made:
1. Grant of Easement. The Grantor hereby dedicates and grants
to the Grantee, its successors and assigns forever, a perpetual
easement over, across and along the twelve foot (121) public trail
easement shown on the Plat of Ten Ten Ute Subdivision recorded in 'the
office of the Clerk' and Recorder for Pitkin County, Colorado, for the
use and purpose of a public trail easement for the use and benefit of
the public including, without limitation, hiking, biking, and cross -
country skiing, but excluding all motorized vehicles, PROVIDED THAT the
Grantee construct a trail between the east property boundary of Ten Ten
Ute Subdivision and the Roaring Fork River linking this trail to the
Aspen Club Trail, or construct the Gordon Bridge with an associate
public right -of -way to State Highway 82 linking this trail to said
State Highway 82.
2. Indemnification of Grantor. Grantee covenants and agrees
that it will save and hold Grantor, its successors and assigns,
harmless from any and all claims, causes of action, suits, damages or
demands whatsoever in law or in equity which may arise as a consequence
of Grantee's negligence in maintaining, repairing and utilizing the
easement premises.
3. Attorneys' Fees. Either party, its successors or assigns,
may enforce this instrument by appropriate action and, should it
prevail in such litigation, shall recover as 'part of its costs a
reasonable attorneys' fee.
- 1 -
0
Pony 539 mc,; 6
4. Release of Easement. The Grantee herein may terminate this
instrument by recording a release in recordable form with directions
for delivery of same to Grantor at its last known address, whereupon
all rights, duties, and liabilities hereby created shall terminate.
For convenience, such instrument may run to "the Owner or Owners and
parties interested in Ten Ten Ute Subdivision ".
IN WITNESS WHEREOF, the Grantor and the Grantee have hereunto set
their hands; and seals this �t�'.day of 7o pug 1987.
Attest:
Bedrishah Wilson
Assistant.=B.ecretary
STATE VF _COLORADO)
SS.
GRANTOR:
1010 UTE CORPORATION,
a C rado corpo ation
By
David G. Behrhorst
Vice - President
GRANTEE:
City of Aspen, a municipal
corporat' n
By G%w`
William L. Stirling
Mayor
qo ng instrument was acknowledged before me this �� day
,
, ��,1,987, by William L. Stirling as Mayor on behalf of the
r ,. 'iC %d muncipal corporation.
fin
mf hand and official seal.
+is•sion - expires :
Notari Public
STATE OF COLORADO)
) -ss.
COUNTY OF PITKIN )
The foregoing, instrument was acknowledged before me this /5441-tay
o x r, "q_Sx�. 1987, by Kathryn S. Koch as .City Clerk on behalf of the
Ci> of >- spen;4. a muncipal corporation.
v rr {
�1T°SS �••my ',,'hand and official seal/
s`sion expires:
I. .
otaY Public
trai3 °eas. erVLOWE3
- 2 -
STATE OF COLORADO)
) ss.
COUNTY OF PITKIN )
0 eou 9 P,%E658
The foregoing instrument was acknowledged before me this � day
Of 1987, by David G. Behrhorst as Vice - President and
Bedrishah Wilson as Assistant Secretary of 1010 Ute .Corpgxat -i•on., a
Colorado corporation, on behalf of said corporation.
WITNESS my hand and official sea
My Commission expires:
Not &fy blic I_ VA ,
trail easement /LOWE3
- 3 -
. a-
: X331783 04f i? /1 3� 1S F;ecC lciF:: 643-PC
S, i a Davis, P t F:: i n ' m y l t.
Doc $. o0
THIRD AMENDMENT TO THE FINAL PLAT OF
UTE PLACE SUBDIVISIONS
(FORMERLY KNOWN AS TEN TEN UTE SUBDIVISION)
CITY OF ASPEN, COUNTY OF PITKIN, STATE OF COLORADO
900.
THE FOLLOWING AMENDMENT is hereby made to the Final Plat of Ute
Place Subdivision (formerly known as Ten Ten Ute Subdivision)
recorded in Plat Book 19 at Pages 80 and 81, on June 19 1987, in
the records of the Clerk and Recorder's Office, Pitkin County,.
'Colorado:
In accordance with approval granted by the Aspen City
Council on November 13, 1989, all elevations and measure-
ments for purposes of determining dimensions of the
improvements to Lot 3 of the Subdivision shall be
measured from finished grade, and not from natural grade.
Finished grade shall raise the elevation two feet above
natural grade. Finished grade shall be deemed to be
7,974 MSL.
CITY APPROVAL AND ACCEPTANCE
The Third. Amendment to the Final Plat of Ute Place Subdivision
(formerly known as Ten Ten Ute Subdivision) changing the method for
--measuring height and other dimensions on Lot 3 of the Subdivision
is hereby approved and accepted by the City. Council of the City of
Aspen, this ( day of
THE CITY OF ASPEN
By
William Stirling, Mayor
PLANNING 'DEPARTMENT APPROVAL
The Third. Amendment to the Final Plat of Ute Place Subdivision
( formerly known as Ten Ten Ute Subdivision) changing the method for
measuring height and other dimensions on Lot 3 of the Subdivision
is hereby approved and accepted by the Planning Director of the
City of Aspen this day of November, 1989.
PLANNING DEPARTMENT, CITY OF ASPEN
f
By
Planning Director
#3317e3
0i1via
CITY ENGINEER'S APPROVAL
04/12/91 13:26 Rer?0— 0C? B~ --:: 643 PG 901
Davis, Pit6::in Cnty r•1. -:, Doi- $.00
The Third Amendment to the Final Plat of Ute Place Subdivision
( formerly known as Ten Ten Ute Subdivision) changing the method for
measuring height and other dimensions on Lot 3 of the Subdivision
is hereby approved and accepted by the City Engineer of the City
of Aspen this _ day of -Nover&ax, _'T9 '
'"
a'i
CITY ENGINEER, CITY OF ASPEN
By f, -VL:-
OWNER'S CERTIFICATE
The Third Amendment to the Final Plat of Ute Place Subdivision
( formerly known as Ten Ten Ute Subdivision) changing the method for
measuring height and other dimensions on Lot 3 of the Subdivision
is hereby approved and accepted by the owner of Lot 3 within the
subdivision.
SUSAN WELSCH
STATE OF COLORADO
) ss.
COUNTY OF PITKIN )
The foregoing instrument was acknowledged and < ;ss' giieyd',-
before me this (off` day of , by William Stirling��s
Mayor of the CITY OF ASPEN j y v'
WITNESS my hand and official seal. }t
CommlWon e
My commission expires: � xplres927�92
A.
Notary Public
4
/91 13:26
13K
tkin Cnt I � Cle'p.q Doc: $64.().3 C) PG 902
STATE OF COLORADO
ss.
COUNTY OF PITKIN
The foregoing instment w cknow/Y-1bd-4ed and signed
v
v
before me this day of Ng
'.,,T.-.-T11Anning Director for the PLANNING DEPARTMENT, C TY OFJJASPEN.
WITNESS my hand and official seal.
My commission expires:
AAL44 1P
Notary Pub is
STATE OF COLORADO
ss.
COUNTY OF PITKIN
The foregoing in t was acknow= aMi Tined
9 day of sZZRe:- by T9
before me this T9
- CITY-"ENGINEER FOR THE CITY OF ASPEN. N-11
WITNESS my hand and official seal.
My commission expires://M/91
Notary Pu is
4�t-'STATE OF COLORADO
ss.
COUNTY OF PITKIN
rt The fo going instrument was acknowledged and signed
before.,mib�-this j/—V day of November, 1989, by SUSAN WELSCH, owner
of-.L6teA`-',-&Ute Place Subdivision.
my hand and official seal.
commission expires:
S Tv
P. U
m
Oil
Notary Publik/
3
#3317e3 04/12/91 13:26 Rec $ �{J0 BI` 643 PG 903
1. it Davis, P 4 t �:: 7. i"1 ', Pl ". �. g Doc e 0 (�)
CLERK AND RECORDER'S ACCEPTANCE
The Third. Amendment to the Final Plat of Ute Place Subdivision
( formerly known as Ten Ten Ute Subdivision) changing the method for
measuring height and other dimensions on Lot 3 of the Subdivision
was accepted for filing on the Office of the Clerk and Recorder of
Pitkin County, Colorado, at 1 '• 2(0 o'clock m., this 12-M day
of - Nevemba ;—AQ in Plat Book NA at Pages Nilc , Recep-
tion No.-3 � 1 ? g3
P K- (o (� CLERK AND RECORDER
PITKIN COUNTY, COLORADO
Z
4
s t.
MEMORANDUM
TO: Aspen City Council
FROM: Glenn Horn; Assistant Planning Director 1 "
THRU: Robert S. Anderson, Jr., City Manager k,7---
RE: 1010 Ute Avenue
DATE: December 19, 1988
SUMMARY AND RECOMMENDATION
At the direction of the City Council, the Planning Office has
reviewed the files for the approval of the 1010 Ute Avenue
development to determine whether or not there are inconsistencies
between plans and actual construction. Based upon our research
the staff has concluded that the development is in compliance
with approval granted by the City of Aspen. It is recommended
that no actions be taken by the City Council.
ISSUES AND CONCERNS
Based upon your meeting last week with Calderwood residents and
the developers of 1010 Ute, the staff was requested to review
the 1010 Ute Avenue records. Concerns raised at the meeting are
addressed below.
1. Lot 9 /DuBose Residence - Attachment 1, a memorandum from
Bill Drueding, Zoning Officer, dated December 14, 1988
indicates that the DuBose residence being constructed on lot
9 of the subdivision is in conformance with the PUD
agreement and the Municpa -1 Code. As noted in Bill's
memorandum, originally the plans for the building exceeded
the City's 25 height limitation by a few inches and DuBose
was required to reduce the height of the building. Likewise
the original floor area of the building exceeded the 3,900
square foot maximum and the architect was asked to revise
the plans. The building is being constructed within the
building footprint approved by the City of Aspen.
2. Development on the Ridge - Since the meeting on Tuesday,
the staff has verified that the drawings presented by the
developer of the houses proposed for the ridge were, in fact
the drawings presented during the Preliminary plat review.
The drawing presented by Georgeanne Hayes at the meeting was
not part of the public record. The staff concurs with the
Planning and Zoning Commission's previous finding that the
development on the ridge is consistent with representations
made during the preliminary plat review and is consistent
with the PUD approval.
3. Land Subdivision - Citizens and the City Council should
recognize that the developer proposed and received approval
for a land subdivision and never proposed during the review
process that he would construct the single - family residences
in the development. The record shows that conceptual
drawings of buildings were simply "concepts" to illustrate
what the subdivision might look like. The staff does not
believe that the developer was obligated to replicate the
conceptual drawings.
4. Drawing of the Trail Adjacent to Lot 9 - The staff has
reviewed the record to verify Dick Fallin's assertion that
the drawing of the building of on Lot 9 was intended to
demonstrate the relationship of the proposed trail to the
building proposed on the lot. We concur that a comparison
between the conceptual drawing and the DuBose house is
unfair and out of context with the intent of the original
drawing.
5. Drawing of the Entrance to the Subdivision - The staff
concurs with Georgeanne Hayes that the drawing of the
entrance to the Subdivision on Ute Avenue is not consistent
with the building which has been constructed on Lot 2.
However, we also concur with the developer that the drawing
was utilized during the Conceptual review to illustrate the
entrance to the subdivision and not the house on Lot 2.
Our review of these issues and concerns has led the staff to
conclude that the development is generally consistent with
representations made during the review process. In spite of this
finding, the Planning Office is very sympathetic to the concerns
of the Calderwood neighborhood. We believe that although 1010
Ute is in complete compliance with the approval granted by the
City, there are many lessons which can be learned by studying the
significant errors which have been made in the review and
approval of the subdivision.
We remind the Council that 1010 Ute is unique for the City of
Aspen because it was the first substantial land subdivision
approved by the City in many years. Prior to the review of the
Meadows application, the next big land subdivision facing the
City, the Planning Office strongly recommends that the City
Council and Planning and Zoning Commission direct the Planning
Office to carefully study 1010 Ute and lead the Council and
Commission on a field trip to the subdivision to identify
mistakes which should not be repeated at the Meadows. As noted
during our annexation discussion, some of the problems of 1010
Ute Avenue may be related to the inappropriateness of the
Municipal Code to address land subdivisions. This hypothesis
should be studied to determine if the Code is the problem or if
the problem is the application of the Code.
2
• i
It may not be possible to schedule such an exercise before the
effective date of my resignation on January 6. I will prepare my
analysis of the problems for the benefit of the Planning Office
staff prior to January 6, and would be happy to participate with
the Council and Commission in the work session as a concerned
citizen.
RECOMMENDED MOTION: None required.
CITY MANAGER'S RECOMMENDATION
1010ute121988
3
MEMORANDUM
TO: Glenn Horn
FROM: Bill Drueding - Zoning Officer
DATE: 14 December 1988
RE: Lot #9, 1010 Ute Subdivision
•
I have reviewed the plans and file for the above project. During
plan review, it was determined that the building was three (3)
inches above allowable height at mid point. The ridge was within
allowable height. The architect did a change order to the
satisfaction of Stan Stevens, who was our current height expert,
bringing the building height just into compliance.
The building is shown just inside the permitted foot print.
Nevertheless, this is what was permitted by the PUD.
The FAR was verified by me. The architect was required to reduce
the FAR 94 square feet. The end result is that the building size
is 3,869.95 square feet of the allowable 3,900.00 square feet.
As like most of the new construction in the city in the last two
years, this house, if built according to plans, will be as high
and as large as the maximum allowed. The file and plans are
located in the building department for public review.
cc: Bob Gish, Building Official
Alan Richman, Planning Director
r
MEMORANDUM
TO: Glenn Horn n�
FROM: Bill Drueding _ Zoning Officer l:
DATE: 14 December 1988
RE: Lot #'1/9, 1010 Ute Subdivision
I have reviewed the plans and file for the above project. During
plan review, it was determined that the building was three (3)
inches above allowable height at mid point. The ridge was within
allowable height. The architect did a change order to the
satisfaction of Stan Stevens, who was our current height expert,
bringing the building height just into compliance.
The building is shown just inside the permitted foot print.
Nevertheless, this is what was permitted by the PUD.
The FAR was verified by me. The architect was required to reduce
the FAR 94 square feet. The end result is that the building size
is 3,869.95 square feet of the allowable 3,900.00 square feet. -
As like most of the new construction in the city in the last two
years, this house, if built according to plans, will be as high
and as large as the maximum allowed. The file and plans are
located in the building department for public review.
cc: Bob Gish, Building Official
Alan Richman, Planning Director
This P.U.D. and Subdivision Agreement is made and
entered into this LT{`day of June, 1987, by and between the
CITY OF ASPEN, Colorado, a municipal corporation
(hereinafter referred to as "City "), and 1010 UTE
CORPORATION, a Colorado corporation (hereinafter referred to
as "Owner ").
R E C I T A L S
1. The Owner has submitted to the City for approval,
execution and recordation, the final plat and development
plan of a. tract of land situate within the City of Aspen,
Colorado, legally described on Exhibit "A" attached hereto
and incorporated herein by this reference, and designated as
"Ten Ten Ute Subdivision" (the "Plat "); and
2. City has fully considered the Plat and GMP
allotment, the proposed development, the improvement of the
land. and the effects of the proposed development and
improvement of land included in the Plat on other adjoining
or neighboring property owners; and
3. City has imposed certain conditions and
requirements in connection with its approval, execution and
recordation of the - Plat, such matters being neces'sar'y to
protect, promote and enhancelthe public welfare; and
I
4. Owner is willing to acknowledge, accept, abide by
and faithfully perform the conditions and requirements
imposed by City in approving the Plat; and
5.. Under the authority of §§ 20 -16(c) and 24 -8.6 of
the Municipal Code of the City of Aspen, Colorado, City is
entitled to assurance that the matters hereinafter agreed to
will be faithfully performed by Owner; NOW, THEREFORE,
W I T N E S S E T H
NOW, THEREFORE, IN CONSIDERATION OF THE PREMISES, the
mutual covenants herein contained, and the approval,
execution and acceptance of the Plat for recordation by
City, it is mutually agreed as follows:
LU
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P.U.D.
AND, SUBDIVISION AGREEMENT
�
>,40
FOR
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TEN TEN UTE SUBDIVISION
This P.U.D. and Subdivision Agreement is made and
entered into this LT{`day of June, 1987, by and between the
CITY OF ASPEN, Colorado, a municipal corporation
(hereinafter referred to as "City "), and 1010 UTE
CORPORATION, a Colorado corporation (hereinafter referred to
as "Owner ").
R E C I T A L S
1. The Owner has submitted to the City for approval,
execution and recordation, the final plat and development
plan of a. tract of land situate within the City of Aspen,
Colorado, legally described on Exhibit "A" attached hereto
and incorporated herein by this reference, and designated as
"Ten Ten Ute Subdivision" (the "Plat "); and
2. City has fully considered the Plat and GMP
allotment, the proposed development, the improvement of the
land. and the effects of the proposed development and
improvement of land included in the Plat on other adjoining
or neighboring property owners; and
3. City has imposed certain conditions and
requirements in connection with its approval, execution and
recordation of the - Plat, such matters being neces'sar'y to
protect, promote and enhancelthe public welfare; and
I
4. Owner is willing to acknowledge, accept, abide by
and faithfully perform the conditions and requirements
imposed by City in approving the Plat; and
5.. Under the authority of §§ 20 -16(c) and 24 -8.6 of
the Municipal Code of the City of Aspen, Colorado, City is
entitled to assurance that the matters hereinafter agreed to
will be faithfully performed by Owner; NOW, THEREFORE,
W I T N E S S E T H
NOW, THEREFORE, IN CONSIDERATION OF THE PREMISES, the
mutual covenants herein contained, and the approval,
execution and acceptance of the Plat for recordation by
City, it is mutually agreed as follows:
pom 530 M E630
I.
GENERAL DEVELOPMENT PLAN
Ten Ten Ute Avenue Subdivision as shown on the Plat
includes the following elements:
A. Lots 1 through *16 which may contain a free market
dwelling unit.
B. Employee Housing. The use and occupancy of the
employee housing. unit constructed on Lot 17 -R shall be and
hereby is restricted by a covenant that runs with the. land
to a qualified employee as is defined in paragraph 2 below.
The employees residing in such unit may be charged income
rental not' to exceed the low- income rental guidelines
applicable at the time of rental.
C. Site Data.Tabulations. The Site Data Tabulations
attached hereto and made a part hereof as Exhibit "B"
defines and describes further and more specifically the
allocation of the uses anticipated within Teri Ten Ute
Subdivision.
II.
EMPLOYEE HOUSING. DEDICATION AND RESTRICTION
The employee housing commitment for the twenty -six (26)
employees generated by the project shall be satisfied as
follows: The construction of one (1) three- bedroom
low - income unit on' Lot 17 -R and cash -in -lieu payments of
low- income for: twenty-three (23) employees. Owner shall
construct one (1) three - bedroom low - income employee unit on
site. The three - bedroom unit shall be restricted `to
low- income or sale guidelines and should be at least 1,000
square feet. Owner reserves the right to give employees and
caretakers of the project first priority to occupy the unit.
Occupants shall be selected by Owner. The unit shall be
constructed and a Certificate of Occupany issued prior to
the, issuance of a Certificate of Occupancy for the first
free- market residential unit of the project to allow for
concurrent construction of the units. The rental or sale
price guidelines for the unit shall, be adjusted to the
low - income guidelines in. .effect at the time of the issuance
of a Certificate of Occupancy for the unit. The
cash -in -lieu payment for twenty -three (23) employee at the
low - income guidelines of $20,000.00 per employee equals
$28,750.00 per homesite, and shall be paid at the time of
the issuance of a` Building Permit for construction of a
residential unit. The payment amount shall be adjusted to
the low- income cash -in -lieu guidelines in effect at the time
of the payment. Owner shall have the right to continue
conversations with the Aspen /Pitkin County Housing Authority
to explore other alternatives allowed by the Aspen Municipal
Code to fulfill his employee housing commitment, including a
lump sum payment. These covenants shall be deemed to run
- 2 -
• 0
BoOK 539 PNGE4��
with Lot 17 -R as a burden thereof for the benefit of and
shall be specifically enforceable by City by appropriate
legal action, including injunction, abatement, eviction or
rescission for the period of the life of the longest lived
member of the presently existing City Council of Aspen plus
twenty -one (21) years for a period of fifty (50) years from
the date of recordation hereof in the Pitkin County real
property records, whichever period shall be less.
III. -
CONSTRUCTION AND IMPROVEMENTS
A. Construction Schedule. Owner shall construct the
project in phases. The first phase commencing in the Summer
of 1987, and the second phase commencing in the Summer of
1988. Owner anticipates that the project will proceed in
accordance with the following time frames which time frames
shall not constitute binding representations or schedules.
(1) Summer of 1987 - Overlot grading, water,
sewer, electric, gas, TV and cable TV, pond construction,
Common Landscape Phase I, Ute Avenue realignment, Ute Avenue
Bike Trail.
(2) Summer of 1988 - Common Landscape Phase II,
Private Roads Phase I, Private Roads Phase II. It being
understood that what is not completed in the Summer of 1987
will be completed in the Summer of 1988 or the Summer of
1989.
B. Construction Techniques. All construction in' Ten
Ten Ute Subdivision shall conform to and follow the
recommendations of Chen and Associates attached hereto as
Exhibit "E" regarding construction techniques and temporary
protections of natural slopes, the Wheeler Ditch and the
Roaring Fork River, specifically as it relates to the lots
on the ridge.
C. Roof Drainage. All roof drainage shall be
retained on site, and shall not be allowed to enter the
Roaring Fork River by surface run -off.
D. Landscaping Plan. In accordance with X24 -8.16 of
the Aspen Municipal Code, all landscaping shall
substantially conform to the "Landscape Site Plan" as shown
on the plat. Owner shall plant six (6) street trees as
shown on the Landscape Plan in the Ute Avenue right -of -way.
Owner will irrigate and seed. the ten -foot (10') wide
landscaped median. The Landscape Site Plan is intended to
be implemented in three phases. Phase I will be
accomplished in the first year of construction. Phase II
will be accomplished in the second and third year of
construction. The Final Phase will be completed over the
next four to five years when most of the houses are
constructed. As each house is completed, the landscaping
- 3 -
0
NOOK 539 PmE W L
required for that house will be completed. As much
landscaping as practical will be done on each site before
construction takes place. It is the intent of Owner to
create a beautiful, natural environment for the occupants of
the site to enjoy. The Landscape Site Plan shows plant
material and other landscape features, flower and shrub
beds, proposed materials, existing materials, proposed
treatment of all ground surfaces, location of outlets, and a
plant material schedule.
E. Vegetation of Disturbed Areas. Owner agrees,
pursuant to the provisions of the Landscaping and Grading
Plan that during the course of construction any portions of
the property which are disturbed shall, as soon as
practical, be landscaped and vegetated in accordance with
the Landscape Plan.
F. Underground Utilities . All new utility systems
constructed within Ten Ten Ute Subdivision shall be
underground.
G. Improvement District. Own
all improvement districts affectiz
with the exception that Owner shall
the Lodge Improvement District a:
Council in Resolution 87 -1. In the
improvement or improvements of
Section 20 -16 of the Municipal Code
amended, except for the Lodge Impr
in the sole judgment or- discretion
the City of Aspen, necessary or des:
above - described property, Owner wi
objection to any rspecial assessm
proceeding therefor `on the basis
adequately served by existing imp
basis that the premises will not b
the improvement or improvements r
�r shall commit to join
g the subject property
not be required to join
proposed by the City
event that any municipal
kind contemplated in
of the City of Aspen, as
>vement District become,
of the City Council of
rable to the area of the
ll make no unreasonable
ant or special tax or
that the property is
.-ovements and /or on the
served or benefited by
r000sed. Owner further
agrees to join, upon the demand therefor by City, any
special improvement district, urban renewal district formed
for construction of such improvements (including, without
limitation, signage, drainage, underground utilities, paved
streets and alleys, planting, curbs, gutters, sidewalks,
street lights, traffic circulation, trails, recreation
facilities, berms, open space lands, public. transportation
facilities, parking, etc.), in the area of the
above - described property.
H. Woodburning Devices. The installation and use of
woodburning devices in Ten Ten Ute Subdivision will be in
accordance with the requirements of Ordinance 86 -5,
incorporated herein by this reference and as in effect on
the date of this agreement.
I. Fire Hydrant. Owner shall relocate to the
satisfaction of the Fire Marshall and Water Department
- 4 -
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Pon 53 �
existing fire hydrant No. 742 prior to the issuance of a
Certificate of Occupancy for the first house. If
replacement of this hydrant is deemed necessary, City and
Owner agree to negotiate allocation of cost in good faith.
J. Working Drawings. Owner shall submit working
drawings of a water system to the Water Department for
approval prior to construction.
K. Air Pollution. Owner shall develop an air
pollution control plan to mitigate construction impacts
which shall be approved by the Environmental 'Health
Department prior to the issuance of a Building Permit.
L. Noise. Owner shall comply with all requirements
of the noise abatement Ordinance 81 -12 incorporated herein
by this reference.
M. Mine Tailings. Owner agrees that in the event
mine tailings are uncovered during excavation, Owner shall
have the soil tested for toxicity and the tests shall be
reviewed by the Environmental Health Department prior to the
removal of any soil from the site.
N. Incorporation of Representations and Written
Submittals. Owner hereby ratifies and confirms each and
every representation made and set forth by Owner in its
application dated December 1, 1986, and all written
submittals and representations made in connection therewith
to the Planning and Zoning Commission and City Council,
which application and representation shall be deemed to be
made a part of this agreement and to be incorporated herein
by this reference.
0. Building Restrictions. Owner agrees and hereby
covenants that the building height on Lots 13, 14 and 15
shall be restricted to twelve feet (121) above the east
ridge. No roof shall exceed twelve feet (12') above the
center line of the existing ridge starting at the south
property line of Lot 15 and extending northerly through Lot
15, Lot 14 and a portion of Lot 13 determined by an overall
distance of one hundred eight feet (180') from the south
line of - Lot 15. The height limit will not exceed twelve
feet above the ridge center line starting at elevation
8020.5 at the south line of Lot 15 to elevation 7990 on.Lot
13. The building on Lot 17 -R shall be restricted to one
story.
IV.
NON- COMPLIANCE AND REQUEST FOR AMENDMENTS
OR EXTENSIONS BY OWNER
In the event that the City Council determines that the
Owner is not acting in substantial compliance with the terms
of this Agreement, the City Council shall notify the Owner
- 5 -
Boon 539 PIGE634
in writing specifying the alleged non - compliance and asking
that the Owner remedy the alleged non - compliance within such
reasonable time as the City Council may determine, but not
less than forty -five (45) days. If City Council determines
that Owner has not complied within such time, the City
Council may issue and serve upon the Owner a written order
specifying the alleged non - compliance and requiring the
Owner to remedy the same within thirty (30) days. Within
twenty (20) days of the receipt of such order, the Owner may
file with the City Council either a notice advising the City
Council that it is in compliance or a written petition
requesting a hearing to determine any one or both of the
following matters:
(a) Whether the alleged non - compliance exists or did
exist, or
(b) Whether a variance, extension of time or amendment
to this Agreement should be granted with respect to any such
non - compliance which is determined to exist.
Upon the receipt of such petition, the City Council
shall promptly schedule a hearing to consider the matters
set forth in the cease and desist order and in the petition.
The hearing shall be convened and conducted pursuant to the
procedures normally established by the City Council for
other hearings. . If the City Council determines by a
preponderance of the evidence that a non - compliance exists
which has not been remedied, it may issue such orders as may
be appropriate; provided, however, no order terminating any
approval granted herein shall be issued without a finding of
the City Council that substantial evidence warrants such
action and affording the Owner a reasonable time to remedy
such non - compliance. A final determination of non - compliance
which has not been remedied or for which no variance has been
granted may, at the option of the City Council, and upon.
written notice to the Owner, terminate any of the approvals
contained herein which are reasonably related to the
requirement(s) with which Owner has failed to comply.
Alternatively, the City Council may grant such variances,
extensions of time or amendments to this Agreement as it may
deem appropriate under the circumstances.
In addition to the foregoing, the Owner or its
successors or assigns may, on its own initiative, petition
the City Council for a variance, an amendment to this
Agreement or an extension of one or more of the time periods
required for performance under the Constructions Schedules or
otherwise. The City Council may grant such variances,
amendments to this Agreement, or extensions of time as it may
deem appropriate under the circumstances. The parties
expressly acknowledge and agree that the City Council shall
not unreasonably refuse to extend the time periods for
performance indicated in §VII, paragraph A of the
Construction Schedules if Owner demonstrates by a
preponderance of the evidence that the reasons for the
delay(s) which necessitate said extension(s) are beyond the
control of the Owner, despite good faith efforts on its part
to perform in a timely manner.
V.
EASEMENTS AND RIGHTS OF WAY
The Plat sets forth certain easements and rights -of-
way, and anticipated relocations that will be necessary to
cause the improvements anticipated thereon, which easements
and rights -of -way include the following:
A. Private Access and Utility Easements. Owner
dedicates and grants to City for the benefit of public
utilities, and City hereby accepts -the access and utility
easements shown and dedicated on the Plat.
B. Public Trail Easement. Owner hereby dedicates and
grants to City for the benefit of the public, and City
hereby accepts the Public Trail Easement described on the
Plat. Provided, however, that. the use of this easement by
the public is conditioned upon the construction of a trail
between the east property boundary and the Roaring Fork
River linking this trail to the Aspen Club Trail, or the
construction of the Gordon Bridge with an associated public
right -of -way to State Highway 82. City agrees that it will
save and hold Owner harmless from all claims, 'causes of
action, suits, damages or demands whatsoever in law and in
equity which may arise out of or as a consequence of City's
negligence in maintaining, repairing and utilizing the
easement premises, as well as public occupancy and use of
the trail.
C. Ute Avenue Dedication. Owner hereby dedicates and
grants to City, and City accepts an additional ten foot
(101) easement to the existing Ute Avenue right -of -way from
the edge of The Gant Condominiums to the entrance of the
project as more clearly shown on the Final Plat. Owner
hereby dedicates a ten -foot (101) street widening easement
along Lot 1, Hoag Subdivision. Owner hereby reserves the
right to construct the improvements which widen Ute Avenue.
Owner further reserves the right to maintain the landscaping
in the Ute Avenue right -of -way.
VI.
OTHER DEDICATIONS
A. Exemption. The employee housing unit located on
Lot 17 -R constitutes a bona fide low- income housing
development and Owner and City hereby agree to the exemption
of the same from the application of the park requirements of
Section 20 -18 of the Aspen Municipal Code.
B. Park Dedication Fee. A park dedication fee in the
amount of $71,000.32 is owed by Owner. The calculations of
- 7 -
eooK. 539 pm,636
this payment is more fully set forth on Exhibit "C" attached
hereto and made a part hereof by this reference. Owner is
dedicating land to City. A letter appraisal has been
submitted. to City which shows a valuation for the park in
excess of the park dedication fee owed by Owner. Therefore,
no park dedication fee is owed by Owner.
C. Granting of Land. Owner hereby dedicates to City
and City accepts a parcel of land of approximately 1.6 acres
as shown as Out Parcel A on the Final Plat. Owner shall
improve the land as represented in the GMP Application.
Owner shall install an irrigation system in the park and
construct a gravel parking lot for ten (10) cars for the
park thirty feet (301) from the property line of Hoag Lot 2
with a birm of eight feet (8') , and shall plant two (2)
evergreen trees. City shall own and maintain the irrigation
system and City shall be responsible for the maintenance and
upkeep of the land as a park. The following restrictive
covenants shall be placed on the land and shall run with the
land: (a) overnight parking in the proposed public park
shall be prohibited, and (b) the land shall be maintained as
a passive park and provide for Nordic /Alpine skiing and
hiking access to Aspen Mountain. Owner, or his successors
and assigns, shall have the right to prosecute any action to
enforce these covenants by injunctive relief. . The
prevailing.•party in any enforcement action shall be entitled
to an•award of costs and attorneys' fees. City agrees that
it will save and hold Owner, its successors and assigns,
harmless from all claims, 'causes of action, suits, damages
or demands whatsoever in law or in equity which may arise
out of or as a consequence of City's negligence in
maintaining, repairing and utilizing the land.
VII.
OPEN SPACE AREA MANAGEMENT; MAINTENANCE AND USE
Owner agrees that easements for the Ponds, Landscaping
and Maintenance Easement areas as depicted on the Final Plat
shall be granted to the Homeowners'. Association to insure
consistent. maintenance. The Ponds, Landscaping and
Maintenance, Easement Areas may be improved and used as set
forth in the Protective Covenants for the subdivision.
Responsiblity to the Homeowners' Association in this respect
may be contractually delegated to a private property
management company to a salaried employee of the Homeowners'
Association. The following shall also apply to the
Homeowners' Association hereinabove referred to:
A. Formation. The Homeowners' Association shall be
fully formed and established prior to the closing of a sale
of any lots within Ten Ten Ute Subdivision.
B. Documentation. Operative documents for the
Homeowners' Association shall include articles of
incorporation, bylaws, and rules and regulations. The
9
Homeowners' Association shall
protective covenants as will
purpose of preserving the
compatibility of the entire
features. ,
•
BOOS P
have the duty to enforce such
be recorded by Owner for the
architectural and aesthetic
development and its component
C. Membership Mandatory. Membership in the
Homeowners' Association shall be mandatory for each owner of
the fee simple Lots 1 through 16 and shall be automatic upon
the recordation of any instrument transferring a legal
ownership interest (excluding standard security interests)
in or to any of such lots.
D. Insurance, Taxes, Maintenance. The Homeowners'
Association shall be responsible for a blanket liability and
hazard insurance policy with respect to the open space
easement areas, as well as taxes and maintenance of Lot 17 -R.
E. Assessments and Liens. The Homeowners' Association
shall have the power to levy assessments which will become a
lien on individual fee simple Lots 1 through 16 for the
purpose of paying the cost of operating and maintaining open
space easement areas and Lot 17 -R, as well as any other
right to assess and lien granted in the Protective Covenants.
F. Board of Managers. The board of managers of the
Homeowners' Association shall consist of at least three (3)
members who shall be owners of the fee simple Lots 1 through
16 within the development.
G. Section 24- 8.19(b) Requirements. Owner shall
record covenants reflecting the above - described
responsibilities, purposes and powers of the Homeowners'
Association. In the event the Homeowners' Association (or
any successor organization) shall fail to maintain said
ponds, landscaping and maintenance areas, the procedures and
rights of City more particularly described in Section
24- 8.19(b) of the Aspen Muncipal Code, which is hereby
incorporated by reference as if set forth verbatim herein,
shall then and there go into effect and apply. Owner
further acknowledges that the procedure set forth in Section
IV above, pertaining to the procedure for default and
amendment of this agreement, shall not be required with
respect to the enforcement and implementation of common
facilities maintenance as set forth and required by Section
24- 8.19(b).
VIII.
WATER
Owner and City have entered into a Raw Water Agreement
recorded in Book 55"Al at Page (off ( in the office of the
Clerk and Recorder of Pitkin County, Colorado.
Treated water service lines shall be installed as shown
• •
P,cw 539 mu-633
on Utilities Sheet attached to the Plat. City agrees, on
approval of the agreement, working drawings for the water
system, and the signing of this Plat through its Water
Department, to supply water service to Ten Ten Ute
Subdivision on the same basis as other customers, and
subject to the rules and regulations of the Water
Department. Lot owner agrees to pay such tap fees therefor
as shall be determined by the tap fee schedule presently in
effect at the time water service shall be extended to the
improvements.
IX.
SEWER
Sewer lines shall be installed consistent with the
provisions contained within the Utilities Sheets attached to
the.Plat. Owner agrees to pay such tap fees therefor as
shall be determined by the tap fee schedules in effect at
the time sewer service shall be extended to the
improvements. Lot owner agrees that engineers from the
Metropolitan Sanitation District shall be entitled to
inspect the construction of the main trunk sewer lines.
Upon completion, these lines will be turned over to the
Metropolitan Sanitation District, together with such
appropriate easements as may be necessary.
X.
FINANCIAL ASSURANCE
Those portions of the Improvements and Landscaping for
which financial assurances have been requested by the City
Engineer, and which hereby are agreed to be given as
described on Exhibit "E" attached hereto and made a part
hereof. The guarantee to be provided by the Owner shall be
in the form of an irrevocable bond, sight draft, or letter
of credit from a responsible financial institution. The
guaranty shall be in a form acceptable to the City Attorney
and the City Manager, and shall give City the unconditional
right upon clear and unequivocal default by Owner to
withdraw funds as necessary and upon demand to partially or
fully complete and /or pay for any of such improvements or
pay any outstanding bills for work done thereon by any party
with an excess guaranty amount to be applied first to
additional administrative or legal costs associated with any
such default and the repair of any deterioration in
improvements already constructed before the unused
remainder, if any, of such guaranty is released to Owner.
Provided, however, that Owner shall be given fourteen (14)
days written notice of default prior to City's ability to
make a call under the letter of credit. As portions of the
improvements required are completed, the City Engineer shall.
inspect them, and upon approval and written acceptance, he
shall authorize the release of the actual cost as documented
by invoices for that portion the improvements; PROVIDED,
HOWEVER, that ten percent (100) of, the estimated cost shall
=91=
ooES 539 pmi.639
be withheld' until all proposed improvements are completed
and approved by the City Engineer.
Owner, its successors or assigns, hereby agrees to
further provide unto City a warranty as to the fire hydrant
improvements described on Exhibit "D" for a period of one
(1) year from and after written acceptance by City of the
hydrants.
It is the express understanding of the parties that the
procedure set forth in Section IV pertaining to the
procedure for default and amendment of this Agreement shall
not be required with respect to the enforcement and
implementation of financial assurance and guaranties to be
provided by Owner as set forth above and required by Section
20 -16(c) and 24-8.16-of the Aspen Municipal Code.
XI.
MISCELLANEOUS
A. The provisions hereof shall be binding upon and
inure to the benefit of Owner and City and their respective
successors and assigns.
B. This Agreement shall be subject to and construed
in accordance with the laws of the State of Colorado.
C. If any of the-provisions of this Agreement or any
paragraph, sentence, clause, phrase, word, or section or the
application thereof in any circumstances is invalidated,
such invalidity shall not affect the validity of the
remainder of this Agreement, and - :the application of any such
provision, paragraph, sentence, clause, phrase, word, or
section in any other circumstance shall not be affected
thereby.
D. This P.U.D. and Subdivision Agreement contains the
entire understanding between the parties herein with respect
to the transactions contemplated hereunder and may be
altered or amended from time to time only by written
instruments executed by all parties hereto.
E. Numerical and title headings contained in this
Agreement are for convenience only, and shall not be deemed
determinative of the substance contained herein. As used
herein, where the context requires, the use of the singular
shall include the plural and the use of any gender shall
include all genders.
F. Upon execution of this agreement by all parties
hereto, City agrees to approve and execute the Final Plat
for Ten Ten Ute Subdivision, and to accept the same for
recordation in the office of the Clerk and Recorder for
Pitkin County; Colorado, upon payment of the recordation fee
and cost to City by Owner. For its part, Owner hereby
- 11 -
,on 539 PAGE640
ratifies and confirms each and every representation and
public dedication made and set forth on said Plat.
G. . No to be given to the parties to this
Agreement shall be considered to be given if delivered or if
deposited in the United States Mail to the parties by
registered or certified mail at the addresses indicated
below, or such other addresses as may be substituted upon
written notice by the Parties or their successors or
assigns:
CITY OF ASPEN
City Manager
130 S. Galena Street
Aspen, CO 81611
1010 UTE CORPORATION
David G. Behrhorst
P.O. Box 9046
Aspen, CO 81612
H. The terms, conditions, provisions and obligations
herein contained shall be deemed covenants that run with and
burden the real property more particularly described in
Exhibit "A" hereto and any and all owners thereof, their
successors, grantees or assigns and further shall inure to
the benefit of and be specifically enforceable by or against
the parties hereto, their successors, grantees or assigns.
I. Owner represents and warrants that it is the fee
title owner of the subject parcel with full authority to
enter into this agreement, and that any and all persons,
firms or entities having any lien, encumbrance or interest
in the property have consented to the dedications,
restrictions, and conditions of approval set forth herein,
and that this agreement shall not be recorded in the office
of the Clerk and Recorder for Pitkin County, Colorado, nor
shall any of the approvals granted herein take effect
without the written consent (or subordination, if
applicable) of any such person, firm or entity.
IN WITNESS WHEREOF, the parties hereto have hereunto
executed their hands and seals on the dates and year
respectively indicated, in full understanding and agreement
to the terms and conditions herein contained.
CITY OF ASPEN, a
Colorado municipal corporation
By
William L. Stirling, Mayo
ty Clerk
�R fit' ,•'
\ ,.. (I1 D61ITIONAL SIGNATURES 'AND NOTARY ACKNOWLEDGMENTS ON NEXT PAGE)
- 12 -
t
n Koc
CITY OF ASPEN, a
Colorado municipal corporation
By
William L. Stirling, Mayo
ty Clerk
�R fit' ,•'
\ ,.. (I1 D61ITIONAL SIGNATURES 'AND NOTARY ACKNOWLEDGMENTS ON NEXT PAGE)
- 12 -
0 0
ATTEST:
Bedrishah Wilson,
Assistant Secretary
STATE OF COLORADO)
) ss.
COUNTY OF PITKIN )
p3OOK 539 P4,GE641
1010 UTE CORPORATION
By /Z
David G. Behrhorst, Vice - President
APPROVED AS TO FORM:
Aspen City Attorney
Paul J. Tad ine 0 %-I-
he fore ping instrument was acknowledged before me this
of 1987, by WILLIAM L. STIRLING as
[a�br.,, nd KA3XRYN S. KOCH, as City Clerk on behalf of THE CITY
F`•S"Eftj, a Colorado municipal corporation.
AT
�--
,p.LA��i. •M.;
(f V' i
-w� ' J y
STATE' OF
fESS my hand and offi ial seal.
'ommission expires:,—
/ � J
Notary Public
COUNTY OF
COLORADO)
) ss.
PITKIN )_``
��r
The foregoing instrument was acknowledged ber�,..me..,,ths
day of -LUf 1987, by DAVID G. �B21#WdaRsy.
Vice - President, and BEDRISHAH WILSON, as Assistant,•°Se�retary.�a
1010 UTE CORPORATION, a Colorado corporation.
WITNESS my hand and off is
My Commission expires: �%G AZO
otary b is
pud agr /LOWE
- 13 -
0 •
„ A 42'
EXHIBIT A „ Pon 539 Px
TO P.U.D AND SUBDIVISION AGREEMENT FOR TEN TEN UTE SUBDIVISION
KNOW ALL MEN BY THESE PRESENTS, that 1010 WE CORPORATION, a Colorado corporation,
being the owner of all the following described real property being situated in the
City of Aspen, Pitkin County, Colorado:
A tract of land situate in Section 18, Township 10 South, Range 84 West of the
6th Principal Meridian being more particularly described as follows:
Beginning at a point on the south boundary line
of the DRC Subdivision, City
of Aspen, County of Pitkin, State of Colorado,
whence a brass cap for Aspen
Townsite Corner N° 1 bears S 28 028100” W 150.50
feet; thence N 28 °28'00" E
134.56 feet along said south boundary; thence N
89 °34'42" E 382.32 feet along
said south boundary to the southerly boundary of
the Calderwood Subdivision in
said City of Aspen; thence alond said southerly
boundary. the following eight
courses: 1) S 27 007130" E 34.98 feet;
thence 2) S 28 024146" E 58.00 feet;
thence 3) S 69 049111" E 31.15 feet;
thence 4) N 67 052149" E 113.22 feet;
thence 5) N 48 °51'50" E 32.32 feet;
thence 6) N 21 °19114" E 93.58 feet;
thence 7) N 42 049114" E 40.95 feet;
thence 8) S 61 024125" E 75.42 feet;
to line 9 -8 of Tract B of the East Aspen Townsite
Addition, thence S 00 021'00" W
468.13 feet along said 9 -8 line to the north line of a tract of land described
in Book 260 at Page 632 of the records of the
Clerk and Recorder of Pitkin
County, Colorado; thence N 90 000100" W 183.52 feet along said north line to the
easterly line of Lot 6 of The Hoag Subdivision
in said City of Aspen, thence
N 50 039100" W 283.00 feet along said east line of
Lot 6; thence S 25 027'09" W
323.34 feet along the northwest line of said Lot
6 to the easterly right -of -way
line of Ute Avenue; thence N 27 °05115" W 283.03
feet along said right -of -way
line; thence N 33 °39'45" W 186.72 feet along said
right -of -way line to the point
of beginning containing 6.054 acres more or less.
1
Also, Lot 1, Hoag Subdivision, County of Pitkin,
State of Colorado, containing
1.583 acres more or less.
0 eooh 3-9 �:acFX43
EXHIBIT "B"
SITE DATA TABULATION
Lot Size: Improvement Envelope
Lot No. Acres Square Feet Area Square Feet
Lot
1
0.69
30,073
8,264
Lot
2
0.55
24,307
8,098
Lot
3
0.34
15,188
8,037
Lot
4
0.33
14,806
7,887
Lot
5
0.47
20,650
7,542
Lot
6
0.65
28,599
7,274
Lot
7
0.34
15,102
6,762
Lot
8
0.47
20,733
5,755
Lot
9
0.23
10,058
3,406
Lot
10
0.23
10,320
3,697
Lot
11
0.18
7,988
4,697
Lot
12
0.18
7,918
4,149
Lot
13
0.16
7,365
4,310
Lot
14
0.21
9,196
6,051
Lot
15
0.24
10,732
8,115
Lot
16
0.24
10,663
4,415
Lot
17 -R
0.45
20,005
5,969
Outparcel A
1.58
68,954
N/A
Total
Subdivision 7.54 332,657 104,428
Note: l) Minimum FAR per Lots 1 through 16 shall be 3,000 sq. ft.;
2) Minimum FAR for Lot 17 -R shall be 1,000 sq. ft.; and
3) Maximum FAR for each Lot, including Lot 17 -R, to be set
in the deed of conveyance to each Lot owner; provided,
however, the total FAR for Ten Ten Ute Subdivision cannot
exceed. 68,900 sq. ft. as currently calculated by the City
of Aspen Code in effect June 1, 1987.
e
r
Pones 539 PAGE644
EXHIBIT "C"
PARK DEDICATION FEE
PROPOSED DEVELOPMENT:
Lot 1 4 BR
Lot 2 4 BR
Lot 3 4 BR
Lot 4 4 BR
Lot 5 4 BR
Lot 6 4 BR
Lot 7 4 BR
Lot 8 4 BR
Lot 9 4 BR
Lot 10 4 BR
Lot 11 4 BR
Lot 12 4 BR
Lot 13 4 BR
Lot 14 4 BR
Lot 15 4 BR
Lot 16 4 BR
Lot 17 -R N/A
TOTAL 64 BR
* Includes one (1) three - bedroom employee unit exempt from
park dedication fee requirements.
The December 1986 purchase price of $1,775,000.00 for the
whole parcel indicates the fair market value of the Property.
Fee calculated as follows:
$ 1,775,000.00 = $ 110,937.50 x .01 = $ 1,109.38
16
Total Fee: 16 Lots x 4 BR x $ 1,109.38 = $ 71,000.32
539 PAGE645
EXHIBIT "D"
FINANCIAL ASSURANCE GUARANTY.
ESTIMATE
' 1.
Realign
and pave
Ute Avenue adjacent
to property:
24' wide
with 3"
mat and 8" gravel
$
29,500.00
2.
470' of
curb and
gutter
$
4,700.00
3.
Realign
and pave
10' wide bike path
470' $
7,500.00
4.
Irrigate
and seed
10' wide landscape
median $
7,000.00
5.
6 street
trees as
shown on Final
Landscape
Plan
$
2,500.00
6.
2 fire hydrants
$
3,500.00
TOTAL
$
54,700.00
STATEMENT OF EXCEPTION
FROM THE FULL SUBDIVISION /GMP PROCESS
FOR THE PURPOSE OF EXEMPTION PURSUANT TO §24 -11.7
FOR TEN TEN UTE SUBDIVISION, .CITY OF'ASPEN, COLORADO
WHEREAS, 1010 UTE CORPORATION, a Colorado corporation, .
(hereinafter referred to as "Ute ") is the developer of a parcel of real
estate known as Ten Ten Ute Subdivision, which has heretofore
previously been awarded a single- family development allotment under the
Growth Management Quota System; and
WHEREAS, Ute has requested permanent exemption from the time
provisions contained in §24 -11.7, as recently amended; and
WHEREAS, the City Council of Aspen, Colorado, at its regular
meeting on February 8, 1988, determined that Ute's request for such
exemption was appropriate and granted the same.
NOW THEREFORE, the City Council of Aspen, Colorado, does determine
that the application for exemption from the time limits set forth in
§24 -11.7 of the Municipal Code of the City of Aspen, Colorado, is
proper and does hereby grant a permanent exemption from the time limits
set forth in §24 -11.7 for the Growth Management System Development
Allotment granted to Ten Ten Ute Subdivision.
DATED this / day of v 1988.
�A PROVED AS TO FORM: CITY OF ASPEN, a municipal
corporate
PAUL J. TADb NE, City% Attorney WILLIAM L. STIRLING, MaycW-
I. KATHRYN S. KOCH, do hereby certify that the foregoing Statement
of Exception from the Full Subdivision /GMP Process for the Purpose of
Exemption Pursuant to §24 -11.7 for Ten Ten Ute Subdivision, Aspen,
Colorado, was considered and approved by the Aspen City Council and
that the Mayor, William L. Stirling, was authorized to execute the same
on behalf of the City of Aspen.
KATHRYN KOCH, City Clerk
STATE OF COLORADO
R &M
COUNTY OF PITKIN
Ttie foregoing instrument was acknowledged before me this,,Q,� day
of-/ , 1988, by WILLIAM L. STIRLING, as Mayor, and KATHRYN
S. KOCH as City Clerk of the CITY OF ASPEN, a municipal corporation.
WITNESS my hand and official seal.
My commission expires: a/�1/9) n
Notar Public
\land \excpstmt.5
} ` 80011 Q` �% t Ch
a 561_ WE-L 1 i U n
FIRST AMENDMENT co
FINAL PLAT OF °' "'
TEN TEN UTE SUBDIVISION °
M
CITY OF APSEN, COUNTY OF PITRIN, STATE OF COLORAD,0= x'
THE FOLLOWING AMENDMENTS are hereby made to the Final Plat of Ten Ten
Ute Subdivision recorded in Plat Book 19 on Pages 80 and 81, June 19,
1987, in the records of the-Clerk and Recorder's office, Pitkin County,
State of Colorado.
1) Maximum Building Height on I,ot 1:
In accordance with Section 24- 8.3(a) of the Municipal Code of the
City of Aspen, Colorado, the maximum building height shall be
measured from an initial grade elevation of 7967 MSL.
2) Improvement Envelope on Lot 9:
The Improvement Envelope is amended to change the northerly line
of said Envelope so that it is two feet southerly of, and parallel
to, the southerly easement line of the twelve foot Public Trail
Easement on Lot 9. The amended area of the Improvement Envelope.
of Lot 9 is increased by 305 square feet to a total of 3711 square
feet. The amended Improvement Envelope of Lot 9 is shown below.
------- - - - - -- _
50�67 ' R -74.85
D' CB.p1BB' 57' 39' E Ch -51. 07 � 1 1
i
SCALE: I "= 20' / O/
s
LOT 9 6 V I
N� 58.37.
\
/------- N90.00'00'M -- - -_ --
LINE BEARING DISTANCE
/ 1 N69002'36'E 10.79
CURVE DELTA RADIUS TANGENT LENGTH CHORD BEARING CHORD
1 34 °45'35' 54.00 16.90 32.76 N51 °39'48'E 32.28
N
CS?
Cr
BOOK 561- PAGE180
3) Utility Easements.
The Utility Easements are amended as follows to reflect the actual
or as -built locations of utilities within the Subdivision. More
specifically, the twenty -foot (201) Utility Easement - through Lots 1,
17 -R, 5, 6, 9, 11 and 10 described as follows is hereby deleted and
vacated: _
Beginning at a point on the westerly line of said Lot 1, whence
the northwest corner of said Lot 1 bears N 33 °39145" W 18.13 feet;
thence N 43 °55'01" E 100.62 feet; thence S 50 044139" E 155.02
feet; thence N 64 °02112" E 97.19 feet; thence S 75 °33'52" E 187.90
feet; thence N 15 047'08" E 71.55 feet; thence S 87 °37102" E 147.10
feet; thence N 31 050111" E 102.00 feet to the point of ending.
Also, that twenty foot (201) Utility Easement through Lots 9 and
10 described as follows is hereby deleted and vacated:
Beginning at a point on the northwesterly line of Lot 9 of said
Ten Ten Ute Subdivision whence the southwest corner of said Lot 9
bears S 21 °19'14" W 52.58 feet; thence S 42 °241.00" E 16.73 feet;
thence S 21 019114" W 90.58 feet; thence S 57 °02129" W 50.36 feet to
the point of ending.
A twenty foot (201) Utility Easement for sanitary sewer facilities
in place, the centerline being described as follows is hereby
granted to the Aspen Consolidated Sanitation District:
Beginning at a point on the westerly line of Lot 1 of said Ten Ten.
Ute Subdivision, whence the southwest corner of said Lot 1 bears
S 27 005115" E 19.85 feet; thence N 73056142" E 54.76 feet; thence
N 17 059152" E 120.24 feet; thence N 64 °38124" E 95.26 feet; .thence
S 77 023'29" E 118.19 feet to the point of ending.
A Utility Easement of variable width from twenty feet (20') to
thirty .feet (301) in width and described as follows, is hereby
granted to the City of Aspen a public utility easement including,
but not limited to, potable water facilities in place and the Aspen
Consolidated Sanitation District for sanitary sewer facilities. in
place:
Beginning at the southwest corner of Lot 9 of said Ten - Ten Ute
Subdivision; thence N 21 °19114" E 57.75 feet along the west line of
said Lot 9;` thence S 42 °24100" E 19.99 feet; thence S 02 °55133" E
29.41 feet; thence S 21 °19114" W 98.92 feet; thence S 13 034103" E
143.26 feet; thence S 23 046119" W 93.25 feet; thence N 66 °13'41" W
20.00 feet; thence N 23 046119" E86.49 feet; thence N 13 034'03" W
160.27 feet; thence N 21 °19114" E 68.78 feet to the point of
beginning.
CITY APPROVAL AND ACCEPTANCE
The First Amendment to the Final Plat of Ten Ten Ute Subdivision with
respect to the initial grade elevation for measuring the maximum Building
Height on Lot 1 noted herein is hereby approved and accepted by the City
Council of the City of Aspen, this /3 day ofd , 1988
—O
�y0�
By \.
Mayor I
PLANNING DEPARTMENT APPROVAL V^ l4'3
The First Amendment to the Final Plat of Ten Ten Ute Subdivision. is
apprRved_ ' the Planning Director of the City of Aspen,this sZk day
of 1988.
By �- `- -- - -- - -
mox 561 PAGE 181
CITY ENGINEER'S APPROVAL
The First Amendment to the Final Plat of Ten Ten Ute
approved by the City Engineer of the City of Aspen this
ADM I
1988.
OWNER'S CERTIFICATE
Subdivision is
1Z -�, day. of
The First Amendment to the Final Plat of Ten Ten Ute Subdivision is
approved.
STATE OF COLORADO
ss.
COUNTY OF PITKIN )
�1o� wing instrument was acknowledged before me this 3 day of
1988, by David G. Behrhorst as Attorney-: in -Fact on
r b t` ne Golub, Susan Fleet Welsch, Kenneth S. Gottleib and Karen
t ib, Brian Michael Wilson, as Trustee of Brian Michael Wilson
n �r,VJ%'9 Trust Agreement dated April 29, 1981, Joseph S. Gross and
rsu-la. s, Stefan T. Edlis, David E. Hocker and Mary Jane Hocker,
e'1' 'ig, Phyliss S. Hojel, `; Victor H. Palmieri,,, J.L. Pardee,
{�d��1Zc,ert D.. Scinto and Barbara Scinto.
WITNESS my hand and official seal.
My commission expires:
tary Public
-3-
1010 UTE CORPORATION,
a Co o co ation
By
David G. Behrhorst, Vice President
IL
t � ^e,
ss.
�CoUI1s °OF P.ITKIN )
elf or 'instrument
was acknowledged before me this day of
J 1988, by
David G. Behrhorst
\ �
4TNESS my hand and
official seal.
My commission expires:
r
No ary Public
J.L. Pardee, Lot 5
Robert D. Scinto and Barbara Scinto, Lot 6
Gene Golub, Lot 2
Susan Fleet Welsch, Lot 3
Kenneth S. Gottleib and
Karen Gottleib, Lot 4
Brian Michael Wilson, as Trustee
of Brian Michael Wilson inter
vivos Trust Agreement dated
April 29, 1981, Lot 7
Joseph S. Gross and Ursula B.
Gross, Lot 8
Stefan T. F.dlis, Lot 10
David E Hocker, and
Mary Jane Hocker, Lot 13
Peter C. Meinig, Lot 14
Phyliss S. Hojel, Lot 15
or H. Palmieri, t 16
By F
David G. Behrhorst, as their
Attorney -in -Fact
STATE OF COLORADO
ss.
COUNTY OF PITKIN )
�1o� wing instrument was acknowledged before me this 3 day of
1988, by David G. Behrhorst as Attorney-: in -Fact on
r b t` ne Golub, Susan Fleet Welsch, Kenneth S. Gottleib and Karen
t ib, Brian Michael Wilson, as Trustee of Brian Michael Wilson
n �r,VJ%'9 Trust Agreement dated April 29, 1981, Joseph S. Gross and
rsu-la. s, Stefan T. Edlis, David E. Hocker and Mary Jane Hocker,
e'1' 'ig, Phyliss S. Hojel, `; Victor H. Palmieri,,, J.L. Pardee,
{�d��1Zc,ert D.. Scinto and Barbara Scinto.
WITNESS my hand and official seal.
My commission expires:
tary Public
-3-
off 561_ mEIS?
TEN TEN UTE HOMEOWNERS ASSOCIATION, INC.,
a rado cor rat"i�on.
David G. Behrhorst, President
ATTEST:
Bedrishah Wilson
Assistant Secretary
STATE OF COLORADO )
ss.
may,
CODU TY -OF PITKIN )
j5t�& ` -d e9ping instrL rent was acknowledged before me this day of
..tt__ 1988, by David G. Behrhorst, President, on behalf of
'��the Ten` `Ute HOmeowners Associates, A Colorado corporation.
4 ITNFISS qty hand and official seal.
:M� \c�mmi! ;sion expires:
P u: p.
E..,� Notary Public
CLERK AND RECORDER'S ACCEPTANCE
This First Amendment to the Final Plat of the Ten Ten Ute Subdivision
was -accepted for filing in the office of the Clerk and Recorder of
Pitkin County, Colorado, at o'clock M., this day
of 1988, in Plat Book at Page(s) ,
Reception No.
Pitkin County Clerk & Recorder
-4-
MV, IDI V, (0);i:1zIINV,
TO: Aspen City Council
THRU: Robert S. Anderson, Jr., City Manager
FROM: Alan Richman, Planning and Development Director
RE: 1010 Ute Avenue Height Variation Confirmation
DATE: January 15, 1988
----------------------------------------------------------------
----------------------------------------------------------------
I have received the attached letter from Gideon Kaufman, on
behalf of Skip Berhorst and the 1010 Ute Avenue development.
Gideon identifies a minor oversight in the review of that project
by both the applicant and staff which has serious ramifications
for the purchaser of Lot 1.
Essentially, the problem is that the Code requires height to be
measured from natural grade. As you may recall, the 1010 Ute
Avenue site was represented as requiring extensive regrading to
accomplish the applicant's objectives and to recontour a site
which had been previously disturbed. On the applicant's concep-
tual, preliminary and final submissions, a pad elevation was
shown for Lot 1 at 7967. What was not mentioned was the fact
that existing grade was 7962, which meant that a variation from
the manner in which height is calculated was required to allow
the 28 foot height to be measured from finished grade.
From our review of the records it is clear that the pad elevation
was consistently represented by the applicant. It is also clear
that elevations and grading plans were reviewed showing the
extent of regrading which is taking place on this site. There
has never been any misrepresentation of the situation; instead
there appears to have been an oversight regarding placing a note
on the plat that the method of measuring height for this site
would be varied.
Since Section 24- 8.3(e), Variations, indicates that the only way
a variation may be granted is if it is shown on the final plat,
and since Section 24 -8.26, Amendments, does not give me the
authority to amend the plat in this manner, we seek your author-
ization for the Mayor to sign an amended plat which includes this
notation. Unless this item is removed from the consent agenda,
or is otherwise not approved, we will direct the applicant to
make the required clarification to the recorded plat for its
signature.
GIDEON I. KAUFMAN
RICHARD S. LUHMAN
HAND DELIVER
46
LAW OFFICES
GIDEON I. KAUFMAN
A PROFESSIONAL CORPORATION
BOX 10001
315 EAST HYMAN AVENUE. SUITE 305
ASPEN, COLORADO 81611
January 11, 1988
Mr. Alan Richman
Aspen /Pitkin County Planning Office
130 South Galena Street
Aspen,iColorado 81612
Dear Alan:
I
,I I
21988 !
TELEPHONE
AREA CODE 303
925 -8166
Pursuant to our meeting this morning, I write this letter
to formally request that you seek approval from the City
Council to authorize the signing of an amended Plat for Ten Ten
Ute Subdivision. The change we are seeking designates the pad
elevation for Lot 1 to be used as base elevation for measuring
height. As we discussed, this was always the intention of both
the applicant and the Planning Office, and was represented as
such consistently through Conceptual, Preliminary and Final
P.U.D.; This variation was not placed on the Final Plat through
a mutual oversight. There is no question, however, that the
intent to have the pad elevation used to measure height on Lot
1 was clearly represented by the applicant throughout the
review process. The original grade was 7962; the new grade.pad
elevation is 7967.
I hope that you will be able to get this request on a
consent agenda for the City Council as soon as possible. As we
discussed, we have relied upon pad elevation in our height
measurements for developing plans. There is a purchaser of Lot
1 who'would like to move forward with those plans and,
therefore, time is of the essence. Both Skip and I would .like
to thank you for your thoughtful attention to this and the help
that you have given us in this matter.
Very truly yours,
LAW OFFICES OF GIDEON I. KAUFMAN, P.C.,
a Proe�ssi al -orporation
By
GK /bw
cc: Skip Behrhorst
Gi&eon Kaufman
1
l
9090 Ute Corporation
Post Office Box 9046
Aspen, Colorado 81612
Telephone: (303) 925 -6537
O
December 15, 1987
Alan Richman, Planning Director
City /County Planning Department
City of Aspen
130 South Galena St.
Aspen, CO 81611
RE: Ten Ten Ute Subdivision Administrative Amendment
Dear Alan:
This letter will summarize our request for an administrative
amendment regarding a minor adjustment of the building envelope
on Lot #9 at Ten Ten Ute and a reaffirmation of the building pad
elevation for Lot #1.'
A) Lot #9 - Building Envelope Adjustment
When we originally laid out the building envelope for Lot #9 in
relation to the "Option C" bike path alignment on the 50 foot to
1 inch scale drawing, it appeared tight, but.worked as a building
lot and building envelope. When the engineer transferred this
information to the final plat, the bike path easement was
erroneously moved farther south away from the property corner. As
a result, the building envelope moved farther south than
intended. When we laid out the building foot print on a 1/8"
scale to try to make things work, the problem and the error
became apparent.
We are therefore requesting an administrative approval for a
minor change in the location of the building envelope along the
south edge of the bike path easement. (see attached site plan
drawing dated November 23, 1987).
This adjustment has been discussed with Georgeanne Waggeman and
John Hayes, adjacent owners in Calderwood, and they are in
support of this amendment.
We would like to proceed with a plat amendment to accommodate
this minor change and would appreciate your's and the Engineering
Department's directions in how this can be specifically
accomplished through an administrative approval.
A Subsidiary of Lowe Development Corporation
:a
DEC 1
61987
RE: Ten Ten Ute Subdivision Administrative Amendment
Dear Alan:
This letter will summarize our request for an administrative
amendment regarding a minor adjustment of the building envelope
on Lot #9 at Ten Ten Ute and a reaffirmation of the building pad
elevation for Lot #1.'
A) Lot #9 - Building Envelope Adjustment
When we originally laid out the building envelope for Lot #9 in
relation to the "Option C" bike path alignment on the 50 foot to
1 inch scale drawing, it appeared tight, but.worked as a building
lot and building envelope. When the engineer transferred this
information to the final plat, the bike path easement was
erroneously moved farther south away from the property corner. As
a result, the building envelope moved farther south than
intended. When we laid out the building foot print on a 1/8"
scale to try to make things work, the problem and the error
became apparent.
We are therefore requesting an administrative approval for a
minor change in the location of the building envelope along the
south edge of the bike path easement. (see attached site plan
drawing dated November 23, 1987).
This adjustment has been discussed with Georgeanne Waggeman and
John Hayes, adjacent owners in Calderwood, and they are in
support of this amendment.
We would like to proceed with a plat amendment to accommodate
this minor change and would appreciate your's and the Engineering
Department's directions in how this can be specifically
accomplished through an administrative approval.
A Subsidiary of Lowe Development Corporation
r'
s
OMMONEIII,
Alan Richman
December 11, 1987
Page 2
B) Lot #1 - Clarification Building Pad Elevation
As you will recall, the pad elevations for each lot were
graphically and numerically depicted on the Grading Plan, Page #3
of the Conceptual P.U.D. /Subdivision, Submittal dated December 1,
1986. Specifically, the approximate pad elevation for Lot #1 was
shown as 7968 ft. This same elevation (7968 ft) was on the final
grading plan of the engineering work drawings finally adopted and
constructed for Lot #1. The final grading plan was consistent
with these pad elevations originally submitted on the conceptual
plan.
As you know, we are obligated to adhere to all representations
made as originally submitted in the GMP Process. I believe this
is one of the representations that was made originally and should
be carried forward and adhered to.
I believe that the pad elevation for Lot #1 at 7968 ft, based on
the conceptual and final grading plan represented to you, is
binding not only on us but should be binding on the public bodies
that approved it. Therefore, the pad elevation represented by us
and accepted by you should control building height measurements.
Thank you for your cooperation and attention to this letter. I
look forward to hearing from you at your earliest convenience.
Sincerely,
' —_
David G. Behrhorst
Vice President
cc: Glen Horn
Gideon Kaufman
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Recorded at o'clock—M.,
iZ. "r' Reception No. Kecoraer :Pt
THIS DEED, Made this I"? day of 1987
between 1010 UTE CORPORATION
a corporation duly organized and existing under and by virtue of the laws
of the State of Colorado of the first part, and
THE CITY OF ASPEN
abomrpora oh3uly organized and existing under and by virtue of the laws
of the state of Colorado of the second part; whose legal
address is 130 South Galena Street, Aspen, CO 81611
F;UORDE#'S STAMP
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WITNESSETH, That the said party of the first part, for and in consideration of the sum of
Ten Dollars ($10.00) and other good and valuable consideration ----------- DOIAI -R&
to the said party of the first part in hand paid by the said party of the second part, the receipt whereof is hereby
confessed and acknowledged, hath granted, bargained, sold and conveyed, and by these presents does grant, bargain,
sell, convey and confirm, unto the said party of the second part, its successors and assigns forever, all the following
described or parcel of land, situate, lying and being in the County of Pitkin
and State of Colorado, to -wit:
Outparcel A (formerly Lot 1, Hoag Subdivision), TEN TEN UTE q
SUBDIVISION, according to the Plat thereof recorded 4U_4 - k I ,
1987, in Plat Book i�l at Pages SO through � _I in the office
of the Clerk and Recorder for Pitkin County, Colorado, subject to
the easements and rights -of -way set forth and described on the Plat
of said subdivision.
This Deed is made subject to the covenants, conditions,-restrictions
and reservations attached hereto as Exhibit "A" and incorporated
herein by this reference.
a4se- lnt,wii�reet-ext -x- i-m6er
TOGETHER, with all and singular the hereditaments and appurtenances thereunto belonging, or in anywise
appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof; and all
the estate, right, title, interest, claim and demand whatsoever of the said party of the first part, either in law or
equity, of, in and to the above bargained premises, with the hereditaments and appurtenances.
TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances unto the said
party of the second part, its successors and assigns forever. And the said 1010 UTE CORPORATION,
party of the first part, for itself, its successors and assigns, doth covenant, grant, bargain and agree to and with the
said party of the second part, its successors and assigns, that at the time of the ensealing and delivery of these
presents it is well seized of the premises above conveyed, as of good, sure, perfect, absolute and indefeasible estate of
inheritance, in law, inlfee simple, and hath good right, full power and lawful authority to grant, bargain, sell and
convey the same in manner and form aforesaid, and that the same are free and clear from all former and other grants,
bargains, sales, liens, taxes, assessments and incumbrances of whatever kind or nature soever; except
general real estate taxes. for 1987 and subsequent years,
and the above bargained premises in the quiet and peaceable - possession of the said party of the second part, its
successors and assigns against all and every person or persons lawfully claiming or to claim the whole or any part
thereof, the said party of the first part shall and will WARRANT AND FOREVER DEFEND.
IN WITNESS WHEREOF, The said party of the first part hath caused its corporate name to be hereunto
subscribed by its president, and its corporate seal to be hereunto affixed, attested by its
secretary, the day and year first above written. 1010 UTE CORPORATION, a Colorado
Attest:
corponation /-1 /11 17 /J
B.
ned ris a . ,Wi son, Assistant secretary.
STATE OF COLORADO,
f, ss.
County of Pitkin
The foregoing instrument was acknowledged before me this
19 87 by David G. Behrhorst
Bedrishah Wilson
1010 UTE CORPORATION,
ATE DOCUMENTARY FEE My notarial commission expires
r— Witness my hand and
vid G. Behrhorst, vsce- President.
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17 day of
as Vid -, fesi nd'-
as Assistait� 'Set to„
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%67. WAt DEED r Corplation to Corporation— Bradford Publishing, 5825 W. 6th Ave., Lakewood, C080214 —(303) 233 - 6900 -2 -82 ��
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EXHIBIT "A"
Et1(1K 539 P^655
COVENANTS, CONDITIONS, RESTRICTIONS AND RESERVATIONS
TO THAT CERTAIN DEED DATED -J UPE / , 1987, FROM
1010 UTE CORPORATION TO THE CITY OF ASPEN
THIS DEED is made upon the express condition that the
property hereby conveyed shall forever be used and maintained
as a passive public park whose primary purpose is to provide
Nordic and Alpine ski, as well as hiking access to Aspen
Mountain, and that overnight parking shall forever be
prohibited within the boundaries of said park.
THIS DEED is made upon the further express condition
that the City of Aspen, or its successor in interest, shall
own, maintain and operate the irrigation system to be
installed in` said park, and be responsible for the
maintenance and general upkeep of the park once the'
improvements, as represented in the GMP Application of 1010
Ute Corporation, are constructed and installed.
THIS DEED is made upon the further express condition
that the City of Aspen agrees that it will save and hold
Grantor, its successors and assigns, harmless from all
claims, causes of action, suits, damages or demands
whatsoever in law or in equity which may arise out of or as a
consequence of the City's negligence in maintaining,
repairing and utilizing of this parcel.
GRANTOR hereby reserves unto itself, its successors and
assigns, the right to prosecute any action to enforce these
covenants by injunctive relief. The prevailing party in any
such enforcement action shall be entitled to an award of
costs and expenses, including attorneys''fees.
GRANTOR hereby reserves unto itself, its successors and
assigns, the right to go upon and modify the surface of said
property for the purpose of constructing and installing the
improvements represented in its GMP Application, as well as
the right to construct the improvements which widen Ute
Avenue, together with the right to maintain the landscaping
in the ten foot (101) easement reserved for street widening.
��'J; v
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�a� Recorded at 'Ogok �'
'�'�`' Reception No ._.....�..'
SILVIA DAVIS PITKIN COUNTY RECORDER
DEDICATION OF REAL PROPERTY TO
EMPLOYEE HOUSING RESTRICTIONS AND GUIDELINES
FOR LOT 17 -R, TEN TEN UTE SUBDIVISION, ASPEN, COLORADO
THIS DEDICATION, made and entered into this - day of
J N& 1987, by 1010 UTE CORPORATION, a Colorado
corporation (hereinafter referred to as "Owner ") and the City
of Aspen, Pitkin County, Colorado, a Colorado municipal
corporation (hereinafter referred to as "City ").
WITNESSETH:
WHEREAS, Owner is the record owner of the following
described real property and the improvements located thereon
situate in the City of Aspen, Pitkin County, Colorado, to wit:
Lot 17 -R, Ten Ten Ute Subdivision, according
to the Plat thereof recorded in Plat Book
C_ at Page 8-8 in the office of the Clerk
and Recorder for Pitkin County, Colorado.
WHEREAS, pursuant to the provisions of that certain
P.U.D. and Subdivision Agreement for Ten Ten Ute Subdivision
recorded in Book 5�?D9 at Page � in the office of the Clerk
and Recorder for Pitkin County, Colorado, Owner is required
to dedicate Lot 17 -R to specific employee housing
restrictions and guidelines; and
WHEREAS,/ the City Council of the City of Aspen on June
1987, approved the use of Lot 17 -R, upon the filing of
this dedication and declaration, to satisfy employee housing
requirements of Ten Ten Ute Subdivision as reflected in the
P.U.D. and Subdivision Agreement therefor recorded in Book
539 _ at Page in the office of the Clerk and Recorder for
Pitkin County, Colorado, which agreement is incorporated
herein by this reference.
WHEREAS, Owner represents and warrants that it is the
sole owner of the property, with full authorization from any
and all persons, corporations or entities which in any way
may have an encumbrance, lien or other interest in or with
regard to the property, to enter into this dedication and
declaration.
NOW, THEREFORE, for and in consideration of the
execution and - recording by the City of Aspen, Coloardo of the
above referenced P.U.D. and Subdivision Agreement for Ten Ten
Ute Subdivision, and for other good and valuable
consideration, the receipt and sufficiency of which is hereby
acknowledged, Owner hereby covenants and agrees as follows:
1. The use and occupancy of the employee housing unit
constructed on Lot 17 -R shall be and is hereby restricted
exclusively to City of Aspen "low- income" employee housing
use; occupancy and rental guidelines and qualifications as
1 -
poov 539 PAGL652
may be in effect from time to time. Verification of any
employee's income and employment qualifications shall be
accomplished by City of Aspen or its employee housing
designee prior to and as a condition of occupancy. The unit
shall be at least three - bedroom and shall be at least 1,000
sq. ft. Owner reserves the right to give employees and
caretakers of the project first priority to occupy the unit.
Occupants shall be selected by Owner. Owner shall charge
low - income rent, but occupant's income may exceed low - income
qualifications. The unit shall be constructed and a
Certificate of Occupancy issued prior to the issuance of a
Certificate of Occupancy for the first free - market
residential unit of the project to allow for concurrent
construction of the units. The rental or sale price
guidelines for the unit shall be indexed to the annually
adopted employee housing guidelines approved by City.
2. The dedication and covenants contained Herein shall
be deemed a burden upon and to run with the title to Lot 17 -R,
shall be binding upon the Owner, its successors and assigns,
and upon all persons or entities having any right, title or
interest in or to Lot 17 -R or any part thereof, and shall
inure to the benefit of and be specifically.enforceable by the
City of Aspen or its designee by any appropriate legal action
including injunction, abatement or eviction of non - complying
tenancies, all for a period of fifty (50) years from the date
of recording hereof in the Pitkin County real property
records.
3. Neither this dedication nor any of the covenants
contained herein shall be modified, released or waived in any
respect except by written instrument executed by both Owner
or its successors and assigns and the City of Aspen, Colorado
and duly recorded in the Pitkin County real property records.
4., 1010 Ute Corporation hereby warrants and represents
that any,and all persons, firms or entities having any lien,
encumbrance' or interest in Lot 17 -R have, consented to this
dedication and, further, that this dedication shall not be
recorded in the office of the Clerk and Recorder for Pitkin
County, Colorado, without consent of any such person.
IN WITNESS WHEREOF, Owner has hereunto set its hand and
seal as of the day and year first above written.
OWNER:
APPROVED AS TO FORM:
1010 UTE CORPORATION, a Aspen City Attorney
Colo o corp atio
B By�`YQ.9
v-YPaul J.. Taddune
(ADDITIONAL SIGNATURE AND NOTARY 'ACKNOWLEDGMENTS ON
PAGE) J
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APPROVED AS TO FORM:
ASPEN/PI K I COUNTY "1ULING AU 1� HORITY
Director
0
539 `PmE,653
80N
STATE OF COLORADO
ss.
RF PITKIN
CA 'Tego ing ins trument was ackn owledged
before me this
1987, by as
of 1010 UTE CORPORATION, a Colorado
11�iw W,
-44
• S Symy hand and official seal.
c�bm mission ex pires:
Notary Pu� ic
dedication/LOWE3
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1010 UTE AVENUE
CONDITIONS OF PRELIMINARY APPROVAL
1) A subdivision /PUD agreement shall be submitted in conjunc-
tion with the final plat submission. -The agreement shall be
reviewed by the City Attorney, City Engineer and Planning
Office prior to final plat presentation to City Council.
The agreement shall include the following provisions:
�. An open space and common facilities agreement in
accordance with Section 24 -8.19.
b. Commitment to join all improvement districts affecting
/ subject property with the exception of the lodge
improvement district as proposed by City Council in
Resolution 87 -1.
c. Necessary documents to convey open space to the City of
Aspen.
✓ d. Employee housing restrictions consistent with concep-
tual subdivision approval.
e. Commitment that representatives made during conceptual
and preliminary plan submissions will be adhered to.
f. Commitment to adhere to recommendations of Chen
Associates regarding construction techniques and
temporary protection of natural slopes, the Wheeler
ditch and river.
_/g. A guarantee for the completion of utility /road /trail
and landscaping improvements to Ute Avenue in the form
of cash escrow or bank bond or other alternative in
accordance with Section 20-16(c).
h. Architectural covenants as proposed in submission.
i. Commitment to submit working drawings of water system
to Water Department for approval prior to construction.
j. Commitment to replace and relocate to the satisfaction
of the Fire Marshall and Water Department existing fire
hydrant #742 prior to the issuance of a Certificate of
Occupancy for the first house. If replacement is
necessary, it will be negotiated between applicant and
City.
k. Commitment to develop air pollution control plan to
mitigate construction impacts shall be approved by
Environmental Health prior to the issuance of a
building permit.
r
1. Commitment that all buildings comply with Ordinance 86-
,� 5 regarding solid fuel burning devices.
m. Commitment to comply with noise abatement Ordinance 81-
12.
/ n. Commitment that in the event mine tailings are uncov-
ered during excavation, the applicant shall have the
soil tested for toxicity and the tests will be reviewed
by Environmental Health prior to removal of any soil
from the site.
o. City and applicant will calculate credit for donation
of a park which will be credited against the park
dedication fee that is owed.
p. Commitment by the City to preclude overnight parking in
proposed public park and that the City shall maintain
the park as a passive recreational park with Nordic
ski /hiking access to Aspen Mountain.
2) The final plat shall be in the following form and /or include
the following information:
a. Dedication of trail option C to the City of Aspen as
depicted at the public hearing with use conditioned
upon construction of proposed trail option A or the
Gordon Bridge and a public right -of -way to SH 82.
b.
Note restricting building heights
on lots 13,14 and 15
to 12 feet above east ridge. No
roof shall exceed 12
feet above the centerline of
the existing ridge,
starting at the south property
line of lot 15 and
extending northerly through lot
15, lot 14 and a
portion of lot 13, determined by an overall distance of
180 feet from the south line of
lot 15. The height
limit will not exceed 12 feet above the ridge center-
line starting at elevation 8020.5
at the south line of
lot 15 to elevation 7990 on lot 13.
/
C.
Preparation of plan in accordance
with Section 20 -15.
d.
Drawing Index on first page.
e.
Note indicating that Ute Circle
is a private roadway
�.
with public utility easements.
f.
Note on final utility plan to indicate that locations
f
where water and sewer lines cross separation shall be
maintained or be encased per City
standards.
A final grading plan which shall more clearly define
�• the limits of cut and fill areas within the develop-
ment.
v
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h. �A more precise grading plan for the proposed trail
linking Ute Avenue to the Nordic Trail above the park
site on Ute Avenue.
i./The parking lot in the park shall be located 30 feet
from the property line of Hoag Lot 2 and an 8' berm
shall be constructed by the applicant containing two
evergreen trees.
3) •%In preparing for final plan submission, the applicant shall
adhere to the provisions of Section 24 -8.12 of the Code.
4) P &Z recommends that Section 24 -11.7 of the Aspen Municipal
Code be amended to eliminate the requirement of obtaining a
building permit on a lot with 33 months from submission of a
residential GMP application.
5�
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?onK )9 PAGt659
lot
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RAW WATER TAP AGREEMENT
v
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der.
mil.
THIS AGREEMENT is entered this /
day of ,
1987 by and between the City of Aspen,
Colorado (hereafter
City) 'and 1010 Ute Corporation (hereafter Ute), a Colorado
Corporation.
t
WITNESSETH
WHEREAS, the City is the owner of
the ditch and water
rights described on Exhibit A hereto and may authorize the
use of the ditch and water rights at the location set fo-rth
herein; and
WHEREAS, the City'has been and is
presently beneficially
using the above - described water rights
for their decreed pur-
poses by diversions from their decreed
points of diversion
and particularly for the irrigation of
city parks and open
space, and
WHEREAS, the City has determined as a part of its Water
Management Plan that the use of these water rights for the
irrigation of other lands within and without the City will
further the maximum beneficial use of these rights and will
reduce the demand for treated water for such purposes; and
WHEREAS, Ute needs water for outside irrigation,
decorative and aesthetic and other uses on property located
-1-
BOOK 530 PAA60
at 1010 Ute Avenue which is the subject of a GMP application
and subdivision approval; and
WHEREAS, Ute desires to secure the right to use the
water from the City for the irrigation of 7.5 acres and in a
series`of decorative ponds all within the subdivision; and
WHEREAS, the City desires to allow Ute to have the
right to use some of the water rights of the City.
NOW, THEREFORE, in consideration of the foregoing and
the following terms and conditions, the City and Ute agree
as follows:.
1. The City hereby grants to Ute a raw water tap onto
the City raw water system allowing Ute to use so much of the
water rights set forth on Exhibit A flowing through the
Wheeler /East Aspen City Ditch as may reasonably be necessary,
without waste, to irrigate no more than 7.5 acres and for use
in a series of decorative ponds within the subdivision.
2. This raw water tap shall be for a term for so long
as the water is used for the above stated purposes by Ute and
its successors and assigns. Minor periods of interruption in
use shall not terminate the raw water tap.
3. Ute shall divert the water from the Wheeler /East
Aspen City Ditch near the boundary of the subdivision at a
-2-
0
000K 539 PACt661
turn -out to be installed in or near the ditch, and after use
within the subdivision the water shall be returned to the
ditch by a lateral.
4. The turn -out and lateral shall be considered to be
part of the Wheeler /East Aspen City Ditch and shall be the
property of the City.
5. Ute shall be responsible for and bear all costs of
constructing, maintaining, replacing, operating and cleaning
the turn -out and lateral and any sump, water pump,
transmission and storage structures and facilities within the
subdivision.
6. The City shall have sole, exclusive and total
ownership and control over the operation of the Wheeler /East
Aspen City Ditch, including the turn -out and lateral.
7. Ute shall construct at its own cost the lateral
and all pumping, transmission and storage facilities in the
subdivision. Ute shall have the right to operate the turn-
out and lateral and shall have sole, exclusive and paramount
control and operational right and responsibilities over all
diversion, transmission and storage facilities and structures
within the subdivision.
8. Ute shall construct at its own cost, all pump,
transmission and storage facilities necessary to serve Lot #1
-3-
�o�K 539 S66?
of the Hoag Subdivision. The City shall be the owner of
these facilities and shall be responsible for the operation,
maintenance and control.
9. Ute shall pay no raw water tap fee or annual raw
water service charge in exchange for paying the entire cost
of installation, operation and maintenance of the irrigation
system including the turnout, sump, pumps, pipeline, ponds
and lateral for the 7.5 acres which includes Lot #1 of the
Hoag Subdivision and for the dedication of the irrigation
system within the Hoag Subdivision to the City. The facili-
ties constructed by Ute are shown on Exhibit B.
10. Ute and the City shall share the cost of draining,
cleaning, repair and replacement of the pumps and main
distrubution lines used for pumping the irrigation water to
the land within the subdivision on a proportional basis
arrived at by comparing the acreage of the land irrigated
within the subdivision to be platted and the acreage within
Lot #1 of the Hoag Subdivision to be dedicated to the City as
part of the subdivision /GMP approval process.
11. On a dollar for dollar basis, Ute may reduce the
utility connection cost of acquiring treated water service
from the City for one or more units built within the sub-
division in direct relation to the amount spent by Ute in
performing' all work necessary to upgrade and improve the
-4-
•
Book 5`39 Pasta
Wheeler /East Aspen City Ditch from the diversion dam in the
Roaring Fork River, through and including the headgate,
wa steg ate and along the ditch up to the point where the
lateral to be built by Ute returns water to the Wheeler /East
-Aspen City Ditch after use, in the subdivision.
12. Ute shall install the turnout from and the return
lateral to the Wheeler /East Aspen City Ditch in Lot #9 of the
Calderwood Subdivision. The City will cooperate with Ute in
securing any easement necessary for this purpose, but Ute
shall bear the cost of and work necessary to secure any ease-
ment not within the right -of -way held by the City for the
Wheeler /East Aspen City Ditch.
13. All work to or in the ditch necessary for the
installation of the turnout, lateral, sump or pump and all
work on the irrigation, pump equipment or ponds within Lot 1
of the Hoag Subdivision shall be approved by the City
Engineer. if Ute constructs facilities in accordance with
city plans and specifications and damage results to others
due to the inadequacy of those plans and specifications and
not the construction or Ute's operation, the City shall
indemnify Ute from any liability.
14. Ute may divert and use water under the above
described water rights only for the purposes and in the
manner specifically described herein, and no other use of
-5-
Poole 53PPact664
water by Ute under these water rights shall be permitted. No
other water service shall be supplied by the City to Ute
under this Agreement, and all other water service by the City
shall be supplied only after full compliance with all appli-
cable provisions of the Code and with all applicable poli-
cies, regulations and rules of the City.
15. Ute only acquires hereunder the right to use the
above described water rights as provided herein, and all
interests and claims in and to said water rights shall ter-
minate after the use of the water as set forth herein such
that no right or benefit shall remain by virtue of this-
Agreement or the use of water hereunder by Ute its successors
in interest, or any individual purchasing land from Ute or
their successors in interest.
16. Ute may divert and use water from the Wheeler /East
Aspen Ditch only at such times and to the extent water is
permitted to be taken from the above described sources by the
Division Engineer, Water Division No. 5, State of Colorado
under the priorities established by law. The parties also
recognize that the supply of water under the above described
water rights is dependent on sources which are variable in
quantity or quality and which are beyond the control of the
City. No liability shall attach to the City hereunder on
account of any failure to accurately anticipate the availabi-
BOOK 539 PAGE 665
lity of water supply or because of an actual failure of water
supply due to inadequate run -off, poor quality, or other
occurrence beyond the reasonable control of the City. This
Agreement pertains to the supply of raw water only, and the
City has no obligation in any way to treat the water supplied
to Ute hereunder and makes no warranties whatsoever as to the
quality of water supplied.
17. The City reserves the right to reuse, to the extent
permitted by law, the water which is diverted by Ute under
this Agreement. Except as is reasonably necessary within the
boundaries of the subdivision, Ute shall have no right what-
soever to reuse the water diverted by Ute under this
Agreement.
18. In the event an emergency need of the City arises,
the City, in its total discretion, may suspend the raw water
tap granted herein for the duration of that emergency and
utilize any and all of the water which is the subject of this
agreement. In the event the City exercises the power granted
in this paragraph, the City shall inform Ute, orally and
follow up in writing, of the nature of the emergency necessi-
tating such exercise and the estimated duration thereof. The
City shall not be liable to Ute for any losses occuring as a
result of the City exercising this right.
19. The City shall have the right to temporarily
suspend the raw water tap granted hereunder in order to
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BOOK 53?PAGt666
reconstruct or maintain any City facilities appurtenant to or
used in connection with any of the water rights described
above. In the event the City wishes to exercise the power
granted in this paragraph, the City shall inform Ute, in
writing, at least one (1) week in advance of the time the
City will suspend the rights pursuant to this paragraph: The
City agrees to attempt to make such suspension at a time .
mutually convenient and least burdensome to both parties.
20. In the event that either party hereto fails to per-
form any of the promises or covenants contained in this
Agreement, that party shall be in default hereof and upon 10
days written notice the rights of the defaulting party under
this Agreement shall be suspended for such time as said party
continues to be in default.
21. Notifications and consultations hereunder shall be
addressed to and made by the following persons:
a. For the City:
Mr. Ron Mitchell
Assistant City Manager
City of Aspen
130 South Galena Street
Aspen, Colorado 81611
P
00K 539 PAGE667
b. For Ute:
David G. Behrhorst
Vice President
1010 Ute Corporation
Post Office Box 9046
Aspen, Colorado 81612
(303) 925 -6537
22. Each party agrees to indemnify, defend and hold
harmless the other from any liability resulting from the
intentional, tortious _and /or negligent. acts or omissions of
each party, its agents, and members or their guests, in rela-
tion to the exercise of rights under this Agreement.
23. The City reserves the right to file a change of
water right application concerning any of the subject water
rights hereto or any other water right owned by the City
and /or to substitute water from sources other than the water
rights described above for the use of Ute pursuant to this
Agreement. Provided, however, the City shall not seek a
change which would prevent its performance under this
Agreement. Ute expressly agrees that this Agreement does not
provide any basis for Ute to object to the exercise of the
rights reserved to the. City in this paragraph. Ute agrees to
cooperate in any court proceeding concerning these water
rights.
24. This Agreement shall not be transferred, assigned
or in any way conveyed to a third party by Ute without prior
-9-
0
BOOK 539 PAGE668
written consent of the City. The City shall not unreasonably
withhold its consent to any assignment of this Agreement so
long as such assignment will not be injurious to the best
interests of. the City. Provided, however, Ute may assign the
benefits of this Agreement to other development entities of
Ute, to financial entities for purposes of securing
financing, or the Homeowners Association with notice but
without prior approval by the City.
25. The parties agree that by this Agreement, the City
does not become a public utility, compelled to serve other
parties similarly situated. Ute agrees that neither it nor
its successors or assignees shall at any time petition the
Colorado Public Utilities Commission or the Board of County
Commissioners of Pitkin County to acquire jurisdiction over
the rate set herein or over any other utility rate set by the
City.. The parties agree that in the event the City is held
to be a public utility by virtue of this Agreement, this
Agreement shall terminate and be of no further force and
effect.
27. This Agreement supersedes and controls all prior
written and oral agreements and representations of the par-
ties and is the total integrated agreement between the par-
ties.
28. 'By signing this Agreement, the parties acknowledge
and represent to one another that all procedures necessary to
-10-
0
BOOK 5 11ME669
validly contract and execute this Agreement have been per-
formed and that the persons signing for each party are duly
authorized to do so.
29. Neither party shall be held liable for failure to
perform the .Agreement due to wars, strikes, acts of God,,
natural disasters, drought or other similar occurrences out-
side the control of either party.
30. This Agreement is binding upon the successors and
assignees of the parties hereto.
IN WITNESS WHEREOF, we have set our hands and official
seals the day and year written above
CITY OF ASPEN
Mayor
ATTEST 1010 UTE CORPORATION
Secretary President
@ARP.
-11-
r
t f `
PDOK 539 PAGt
EXHIBIT A
CITY OF ASPEN WATER RIGHTS
ROARING FORK RIVER BASIN
Name of Structure
Aspen Ditch/
Spar Gulch
Wheeler
Nellie. Bird
Riverside
East Aspen
Begley /Spar Gulch
Anthony Well
Aspen Well #4
Durant Mine/
Spar Gulch
Aspen Well #2
Aspen Well #3
1981 Main stem Decreed
Basin Stream Amount Decreed Aspen
Rank Rank (cfs or af) Use Owns
32 2.00 Irrigation 2.00
95 3.00 Domestic 3.00
Street
Stock
84 1 10.00 Irrigation 10.00
Domestic
Street
Stock
3073 3 3.94 Irrigation .65
3076 4 3.00 Irrigation .33
3187 7 6.00 Irrigation 6.00
4310 1.50 Irrigation 1.50
Domestic
Industrial
4746 .17 Domestic .17
A758 .67 Municipal .67
Absolute Domestic
2.64
Conditional
5018 2.00 Irrigation 2.00
Recreational
Drainage,
Storm Sewer
Flushing
6165 2.23 Irrigation 2.23
Municipal
Domestic
6166 2.23 Irrigation 2.23
Municipal
Domestic
Manufacturing
$5D-1
EXHIBIT 0 IRRIGATION FACILITY
Constucted by "Ute"
June 12, 1987
Heads: (8) Toro series 650 or
equivalent. Approx. 60' `' r
on center @ 60 psi.
Lines: 2" mainline under Ute Ave.,
1Y" laterals '
PROPOS `` o
• ,
,�: � ' • dull- •. .. .j � �; •
PIOBLIC
PARK
�\ \' PROPOSED
:V0 M: EXACT AUGNEMENT ?!
TO BE COORDINATED WITI't
THE .NORDIC COUNCIL'
wID4; • 1141;1 \ 11181 ;I
TO: Aspen City Council .
THRU: Robert S. Anderson, Jr., City Manager(
FROM: Glenn Horn, Assistant Planning Director
RE: 1010 Ute Avenue Final Plat /PUD Subdivision Agreement
DATE: June 8, 1987
SUMMARY & RECOMMENDATION
The Planning Office recommends approval of the 1010 Ute Avenue
Final Plat subject to conditions cited at the end of the memoran-
dum.
BACKGROUND INFORMATION
APPLICANT: Lowe Development Corporation, Skip Behrhorst.
LOCATION: North side of Ute Avenue, just east of Gant Condomin-
iums, west of Ute Cemetery and south of Roaring Fork River.
ZONING: R- 15(PUD).
SIZE: 7.6 acres.
APPLICANT'S REQUEST: Final Plat and Subdivision Agreement
approval for a 17 unit residential subdivision.
PREVIOUS COUNCIL ACTION: On February 25, 1987, City Council
granted Conceptual Planned Unit Development review approval to
the project and granted residential growth management quota
system allocations for 16 free market dwelling units and an
exemption for one deed - restricted employee unit.
PREVIOUS PLANNING AND ZONING COMMISSION ACTION: On April 21, 987,
the P &Z granted Preliminary Plat PUD, 8040 Greenline Review and
Stream Margin Review approvals to the application.
ISSUES AND CONCERNS:
The applicant has worked with the City Engineer, City Attorney,
and Planning staff to put the final plat and PUD /Subdivision
Agreement in order. Several minor language changes still remain
to be resolved by the City Attorney and applicant. Additionally,
the following substantive issue should be addressed by City
Council:
0 ..
Employee Housing: The applicant is proposing to satisfy his
employee housing requirements for housing 26 employees via a
cash -in -lieu payment for 23 employees and the provision of on-
site housing for three employees. The Housing Authority, acting
as the City Council designee, has agreed to discounting the
$460,000 cash -in -lieu payment at a rate of 12% per annum if
payment is made by November 1, 1987 or at time of recording final
plat whichever is _later. The .applicant intends to pay the
Housing Authority the discounted amount, $261,016 in late June.
The Assistant City Manager and City Attorney have asked the
Planning and Housing Offices to bring this matter to your
attention. Please note that the discount provision is contained
in the City's Zoning Code (Section 24- 11.10(i)(3)) and is of
value to the City. The Housing Authority supports obtaining
discounted amounts of money earlier than would otherwise be the
case to facilitate project planning. We support the discount
approach for this project.
RECOMMENDATION: The staff recommends that City Council approve
the 1010 Ute Avenue Final Plat /PUD Subdivision Agreement subject
to the following conditions:
1) Prior to signature and recording of the plat and agreement,
language will be resolved to the satisfaction of the City
Attorney and City Engineer.
2)- The applicant shall prepare separate legal documents for all
easements.
3) The applicant shall create separate legal document for
employee housing covenants.
4) The applicant shall create a separate legal document for the
conveyance of the land on the south side of Ute Avenue.
5) The Chen geologic report shall be appended to the agreement.
6) The applicant shall prepare a drawing index and vicinity map
for final plat.
7) The applicant shall include a note on the plat regarding
building height restrictions for lots 13,14,15 identical to
language in the PUD subdivision agreement.
8) Prior to final approval of final plat by the City Engineer
the applicant shall relocate utility easements to the
satisfaction of the Aspen Consolidated Sanitation District.
GH.101OUTE
2
PROTECTIVE COVENANTS
FOR TEN TEN UTE SUBDIVISION
PITKIN COUNTY, COLORADO
ARTICLE I
Purpose of Covenants -- General Requirements
These covenants shall govern and be applicable to that
certain real property situated in Pitkin County, Colorado, known
as Ten Ten Ute Subdivision, as defined and described in the plat
therefor recorded in Plat Book at Page of the records of
the Clerk and Recorder of Pitkin County, Colorado. It is the
intention of 1010 UTE CORPORATION, a Colorado corporation
(hereinafter referred to as "Declarant "), expressed by its
execution of this instrument, that the lands within Ten Ten Ute
Subdivision be developed and maintained as a highly desirable
scenic and exclusive residential area. It is the purpose of
these covenants that the present beauty and views and setting
within Ten Ten Ute Subdivision shall always be protected as much
as possible in connection with the uses and structures permitted
by this instrument. These covenants shall be a burden on and run
with all the lands within Ten Ten Ute Subdivision.
ARTICLE II
Area Desiqnations
1. Ten Ten Ute Subdivision The words "Ten Ten Ute
Subdivision" as used in these covenants shall mean all of the
lands included within the plat for Ten Ten Ute Subdivision,
referenced in Article I.
2. Residential Lots. Those Lots designated as Lots 1
through 16 and 17 -R on the recorded plat of Ten Ten Ute
Subdivision.
3. Ponds, Landscaping and Maintenance Easement Areas.
Those areas designated as "Ponds, Landscaping and Maintenance
Easement Areas" (hereinafter referred to as "PLM Easement Areas ")
on the recorded plat of Ten Ten Ute Subdivision. The areas
located in the cross - hatched area of the plat shall be held in
individual ownership by the respective Lot owner who shall grant
a ponds, landscaping and maintenance easement to the Ten Ten Ute
Homeowners' Association (referred to herein as the "Association ")
,for which area will be maintained by the Association.
4. _ Improvement Envelope Landscapinq and Maintenance
Easement Areas. Those areas designated as "Improvement Envelope
Landscaping and Maintenance Easement Areas" (hereinafter referred
to as "IELM Easement Areas ") on the recorded plat of Ten Ten Ute
Subdivision. The areas located in the white area of the plat
shall be held in individual ownership by the respective- -Lot owner
-- Protective Covenants /Ten Ten Detailed Submission 5421_/_87
Page 1
•
0
who shall grant an Improvement Envelope Landscaping and
Maintenance Easement to the Association which area will be
maintained by the Association.
5. Improvement Envelopes. Those areas designated as
"Improvement Envelopes" on the recorded plat of Ten Ten Ute
Subdivision.
6. Private Road and Utility Easements. Those areas
designated as "Private Road and Utility Easements" on the
recorded plat which use shall be.a road restricted to the private
use of the owners of the Lots and their guests to be known as Ute
Circle, and common utility easements for the subdivision.
7. Public Trail Easement. That area designated as "Public
Trail._ Easement" on the recorded plat which shall be conveyed to
the City of Aspen as a public trail easement.
8. Ute Avenue Right -of -Way. That area on the plat
dedicated to the City of Aspen for the expansion of Ute Avenue,
the Bike Trail and landscaping. The Association may maintain
landscaping in the Ute Avenue right -of -way adjacent to its
property.
9. Declarant. The 1010 Ute Corporation, a Colorado
corporation, and its successors and assigns.
10. Association. The Ten Ten Ute Homeowners' Association,
a Colorado non - profit corporation, and its successors and
assigns, through which all owners act as a group under the
articles, bylaws, and this declaration.
11. Shared Driveways and Utility Easements. Those areas
where two (2) lots share a common driveway, for ingress and
egress, and common utilities easements as shown on the Final
Plat.
ARTICLE III
Membership in Ten Ten Ute Homeowners' Association
All persons, or associations or any other entities (other
than Ten Ten Ute Homeowners' Association) (hereinafter referred
to as "owners ") who own or acquire the title in fee to any of the
Lots in Ten Ten Ute Subdivision by whatever means acquired, shall
automatically become members of Ten Ten Ute Homeowners'
Association, a Colorado corporation not for profit (hereinafter
referred to as the "Association "), in accordance with the
Articles of Incorporation of Ten Ten Ute Homeowners' Association
which shall be filed with the Colorado Secretary of State and
recorded in the real estate records of Pitkin County, Colorado
Clerk and Recorder, and as the same may be duly amended from time
to time and also filed with the Colorado Secretary of State and
Protective Covenants /Ten Ten Detailed Submission 5/21/87
Page 2 _
0 �0
recorded with the Pitkin County Clerk and Recorder. There shall
be one (1) vote per Lot in the Association.
ARTICLE IV
Architectural Committee
1. Architectural Committee. The Architectural Committee
shall be composed of three (3) natural persons appointed by the
Board of Directors of the Association. The persons serving on
the Architectural Committee shall serve at the pleasure of the
Board of Directors who may remove a member of the Architectural
Committee and appoint a new member at any time, provided there
shall at all times be three (3) persons serving on the Architec-
tural Committee. The members of the Architectural Committee may
also be directors of the Association and need not be owners. The
Architectural Committee shall have and exercise all the powers,
duties and responsibilities set out in this instrument.
2. Approval by Architectural Committee. No improvements
of any kind, including but not limited to dwelling units, ga-
rages, accessory buildings, swimming pools, tennis courts, ponds,
parking areas, fences, walls, driveways, antennae, curbs and
walks, shall be erected, altered or permitted to remain within
Ten Ten Ute Subdivision, nor shall any excavating, tree cutting,
and clearing or landscaping be done in conjunction therewith
within Ten Ten Ute Subdivision, unless the complete architectural
plans and specifications and a site plan showing the location and
orientation thereof for such erection or alteration and
landscaping are approved by the Architectural Committee prior to
the commencement of such work except as Declarant may be
specifically permitted to do by these Covenants.
At least three (3) complete sets of the architectural and
site development plans and specifications shall be submitted to
the Architectural Committee along with a complete list of all
exterior materials and colors to be used. All copies of the
complete plans and specifications shall be signed for
identification by the owner or his architect. The Architectural
Committee shall have the right to request whatever additional
specific information, plans, specifications, reports and the like
it deems necessary to evaluate the development proposal
throughout the approval and construction process. In addition,
the Architectural Committee may adopt rules and regulations which
shall specify what information, reports, plans, specifications
and the like are required to be submitted to the Architectural
Committee. In the event the Architectural Committee fails to
take any action within forty -five (45) days after three (3)
copies of the _complete architectural and site development plans,
specifications, materials and colors have been submitted to it
and the submittal has been certified in writing by the
Architectural Committee as complete, then all of such submitted
architectural plans shall be deemed to be approved. This failure
to act cannot approve construction which conflicts with City of
Protective Covenants /Ten Ten Detailed Submission 5/21/87
Page 3 _
• 0
Aspen building regulations or restrictions placed on the
Subdivision by the Subdivision G.M.P. or P.U.D. process. The
Architectural Committee shall not unreasonably disapprove the
architectural plans. The majority vote of the members of the
Architectural Committee shall be required for approval of plans.
In the event the Architectural Committee shall disapprove any
architectural plans, the person or associations submitting such
architectural plans may appeal the matter at the next annual or
special meeting of the members of Ten Ten Ute Homeowners'
Association where a vote .of sixty percent (60 %) of members votes
entitled to be cast at said members' meetings shall be required
to change the decision of the Architectural Committee.
3. Building Permit. An owner may apply for a building
permit from the the City of Aspen Building Department at any time
provided however the plans approved by the Building Department
shall not differ in any substantial way from the plans approved
by the Architectural Committee. If the plans approved by the
Building Department differ in any substantial way as determined
by the Architectural Committee from the plans approved by the
Architectural Committee then all approvals of the Architectural
Committee shall be deemed automatically revoked.
4. Variances. The Architectural Committee may, by an
affirmative vote of a majority of the members of the Architec-
tural Committee, allow reasonable variances as to any of the
covenants and restrictions governing architectural control
contained in this instrument and /or policies or rules promulgated
by the Architectural Committee, on such terms and conditions as
it shall require. No variance shall be granted which contravenes
any provisions of these covenants required by any approvals
obtained by Declarant from the City of Aspen for Ten Ten Ute
Subdivision or which violate the City of Aspen Land Use and
Building Code. No variance shall be granted without written
notice of the request for such variance provided ten (10) days
prior to the hearing for said variance to all Lot owner(s).
Notice to Lot owner(s) shall be deemed complete when placed in
First Class Mail to the latest ,address for each Lot owner(s) as
provided to the Association.
5. General Requirements. The Architectural Committee
shall exercise its best judgment to see that all improvements,
construction, landscaping and alterations within Ten Ten Ute
Subdivision conform and harmonize with the surroundings and with
other structures as to design, materials, color, siting, height,
and all other design features. The Architectural Committee shall
protect the seclusion and view of each Lot insofar as possible in
the development of Ten Ten Ute Subdivision pursuant to these
covenants and shall endeavor to protect and preserve the visual
character of•the property and preserve and maintain the trees in
Ten Ten Ute Subdivision.
Protective Covenants /Ten Ten Detailed Submission 5/21/87
Page 4
• 0
In its review of any proposed development activity the
Architectural Committee shall evaluate, among other things, the
materials to be used on the outside of buildings or structures,
including exterior colors, harmony of architectural design with
other structures within Ten Ten Ute Subdivision, location with
respect to topography and finished grade elevations and harmony
of landscaping with the natural setting and native trees, and
other vegetation within Ten Ten Ute Subdivision.
6. Preliminary Approvals. Lot owners who anticipate
constructing improvements on lands within Ten Ten Ute
Subdivision, may submit preliminary sketches of such improvements
to the Architectural Committee for informal and preliminary
approval or disapproval. All preliminary sketches should be
submitted in at least three sets, and should contain sufficient
general information on those matters required to be in the
complete architectural and site development plans and specifica-
tions to allow the Architectural Committee to act intelligently
on giving an informed preliminary approval or disapproval. The
Architectural Committee shall never beifinally committed or bound
by any preliminary or informal approval or disapproval until such
time as complete architectural and site development plans,
specifications, materials and colors are submitted and approved
or disapproved. The preliminary approval is offered as an
accommodation only, and the Architectural Committee may set fees
for this service.
7. Architectural and Site Development Plans. The Archi-
tectural Committee shall disapprove any architectural and site
development plans submitted to it which do not contain sufficient
information for it to exercise the judgment required of it by
these covenants.
8. Architectural Committee Not Liable. The Architectural
Committee shall not be liable for damages to any person or
association submitting any plans for approval, or to any owner or
owners of lands within Ten Ten Ute Subdivision, by reason of any
action, failure to act, approval, disapproval or failure to
approve or disapprove with regard to such plans. The Architec-
tural Committee shall have no liability or responsibility for any
representations made to any owner or prospective owner by any
third parties. The decisions of the Architectural Committee
shall be governed by these covenants and any rules or regulations
duly adopted by the Architectural Committee pursuant to these
covenants.
9. Written Records. The Architectural Committee shall
keep and safeguard for at least three years complete permanent
written records of all approved applications including one set of
the finally approved architectural and site development plans
and of all actions of approval or disapproval and all other
formal actions taken by it under the _provisions of this instru-
ment. --
Protective Covenants /Ten Ten Detailed Submission 5/21/87
Page 5
10. Authority to Promulgate Rules and Regulations. The
Architectural Committee shall promulgate and adopt rules and
regulations necessary to implement these covenants. These rules
and regulations may include submission requirements concerning
the type of information, reports, plans and specifications and
the like which need to be submitted with any application, general
guidelines governing the development of the Lots and Pond Areas,
Landscaping and Maintenance Easement Areas, site specific
limitations or restrictions for each Lot, and payment of
reasonable fees for processing or reviewing the application.
These rules and regulations need not be uniform for each Lot and
shall take into account the unique character of each Lot and the
Improvement Envelope as described in Article V below. The
Architectural Committee may also adopt rules and regulations
governing any development on the Pond Areas, Landscaping and
Maintenance Easement Areas not inconsistent with the requirements
of these Covenants. By way of example and not by way of
limitation, rules and regulations adopted by the Architectural
Committee may address the following: application procedures,
application fees, materials, colors, signs, improvement
envelopes, height limitations, roofs, trees and landscaping,'
irrigation systems, exterior lighting and sound, parking and
garages, walls, fences and any other concerns which may relate to
any development in Ten Ten Ute Subdivision, the preservation of
trees in Ten Ten Ute Subdivision, the preservation of the visual
character of Ten Ten Ute Subdivision in accordance with these
covenants. These rules and regulations shall be adopted by the
affirmative vote of a majority of the members of the
Architectural Committee with the written consent of Declarant as
long as Declarant is a Lot owner and may not be amended except by
the majority vote of the members of the Architectural Committee.
11. Architectural Committee Review. All construction by
Declarant outside of Improvement Envelopes shall not be subject
to Architectural Committee Review.
ARTICLE V
General Requirements and Restrictions
1. Improvement Envelopes.
a. Improvement Envelopes Uses and Restrictions. All
structures on Lots 1 through 17 -R, including but not limited to
dwelling units, accessory buildings and uses, and roof overhangs
shall be constructed only within the designated Improvement
Envelopes for each Lot as described on the recorded plat of Ten
Ten Ute Subdivision except as may otherwise be provided by these
covenants. Accessory buildings and uses shall include but not be
limited to attached garages, swimming pools, parking areas,
landscape features, spas and other uses as determined by the
Architectural Committee. Encroachments may be allowed beyond the
Improvement Envelopes, only in the following locations: The..--East
side of Lots 9, 10, 11, 12, 13, 14 and 15 and the Ute Cemetary
-- Protective Covenants /Ten Ten Detailed Submission 5/21/87
Page 6
side of Lots 2, 3, 4, 7, 15 and 16. These encroachments may
project beyond the Improvement Envelopes only in the following
manner: balcony and /or decks - extending a maximum of 18 inches;
retaining walls; grade level patios and terraces; landscaping and
privacy walls and spas may project to the lot lines. These
encroachments are permitted only if approved by the Architectural
Committee.
b. Improvement Envelope Landscaping and Maintenance
Easement Areas.
.(1) Lands within the Improvement Envelope
Landscaping and Maintenance Easement Areas (referred to herein as
"IELM Easement Areas ") are described on the recorded plat of Ten
Ten Ute Subdivision. There is hereby created and conveyed to the
Association perpetual easements over and across the IELM Easement
Areas to enable the Association to maintain, replace and repair.
(2) Each individual Lot owner shall submit a
detailed landscape and irrigation plan for his Improvement
Envelope to the Architectural Committee, concurrent with house
plans. When the landscaping plan has been approved and
implemented and the irrigation system in the Improvement Envelope
installed according to approved plan and specifications, all at
the cost of the Lot owner, the Association shall maintain the
landscaping and irrigation system in the same manner as in the
PLM Easement Areas as described in Article V.2. Each Lot owner
shall be assessed for this service by the Association.
(3) The Association shall have the right to
delegate or assign the functions and responsibilities with
respect to the IELM Easement Areas to a manager of IELM Easement
Areas who will conduct the maintenance operations for the benefit
of the Association. The Association shall, accept
responsibilities for the IELM Easement Areas and shall be
responsible for the maintenance operations. The Association
shall be responsible for maintaining, replacing and repairing in
the IELM Easement Areas irrigation lines and systems, landscape
planting, retaining walls, and underground power lines for
irrigation. The Association shall maintain insurance to protect
and indemnify Lot owners and Declarant for the IELM Easement
Areas.
(4) In the event the Association fails to fulfill
its functions and responsibilities as contained herein with
respect to the IELM Easement Areas for six (6) consecutive
months, then after at least thirty (30) days prior written notice
to the .Association within which the Association does not
undertake to fulfill its responsibilities with respect to the
IELM Easement Areas, Declarant may elect at its discretion, and
its expense, to take over these functions and responsibilities.
In the event Declarant takes over these functions and
responsibilities, it shall assess the Association and the
individual Residential Lot owners for, and the Association and
the individual Resi- dential Lot owners shall be liable to pay, all
reasonable costs and expenses incurred to fulfill the
Protective Covenants /Ten Ten Detailed Submission 5/21/87
Page 7
El
E
responsibilities with respect to the IELM Easement Areas,
including reasonable attorneys' fees and accounting fees.
2. Ponds, Landscaping and Maintenance Easement Areas.
Lands within the PLM Easement Areas as described on the recorded
plat of Ten Ten Ute Subdivision are held in individual ownership
by the respective Lot owners. There are hereby created and
conveyed to the Association perpetual easements over and across
the PLM Easement Areas which use shall include but not be limited .
to ponds, water features, culverts, greenspace landscaping,
irrigation lines and systems, landscaping planting, common site
lighting, retaining walls, fencing, entry features, underground
power lines for irrigation and site lighting, signs, culvert,
ponds and pumps. The Association shall defend and indemnify
individual Lot owner(s), and Declarant, from all costs, claims,
causes of action, suits, and legal fees arising out of the
Association's use of the PLM Easement Areas, Improvement
Envelopes, private driveways and walkways. The Association shall
maintain insurance to protect and indemnify Lot owner(s) and
Declarant for PLM Easement Areas.
a. Permitted Uses. Access to the lands within the
PLM Easement Areas shall be restricted to workers under the
auspices of the Association. No use of any kind of the ponds
shall be allowed by anyone other than these workers. Owners of
individual Lots can use the landscaping and maintenance areas on
their individual Lots for their own private passive uses;
provided, however, that the use does not conflict with or
obstruct the landscaping and maintenance of the area by the
Association. Permitted structures and improvements in the PLM
Easement Areas shall be limited to walkways and trails, ponds and
water features, fencing, signage, irrigation and landscaping
except as permitted in Article V.1. Improvements and uses by Lot
owners shall require review and approval by the Architectural
Committee under those procedures outlined in Article IV herein.
b. Ownership of Improvements in the PLM Easement
Areas. Ownership of any improvements in the PLM Easement Areas
shall remain vested in Declarant until such time as the closing
of the sales and delivery of deeds to purchasers of twelve (12)
of the sixteen (16) Residential Lots. At such time, or earlier
if Declarant elects at its discretion, Declarant shall convey and
assign the improvements located on any of the PLM Easement Areas
to the Association and all rights and obligations associated
therewith and all facilities and uses constructed thereon, this
conveyance shall reserve to Declarant the perpetual right to
grant, locate and /or dedicate easements for installation,
construction, maintenance, repair and replacement of _ any
utilities and /or irrigation systems in and over the PLM Easement
Areas. Except as specifically provided herein Declarant may not
otherwise convey or assign the improvements located in the PLM
Easement Areas. _
Protective Covenants /Ten Ten Detailed Submission 5/21/87
Page 8
• •
C. Rules and Regulations
Areas. At such time as Declarant cont
improvements on the PLM Easement Areas,
rules and regulations governing the
facilities by owners of Lots in Ten
others.
Governing PLM. Easement
racts for or creates any
Declarant may promulgate
use, if any, of these
Ten Ute Subdivision and
There shall be no use of the ponds by individual Lot
owners or their guests. It is an aesthetic feature that will be
maintained by the Association.
d. Utilities. Utility lines and utility easements
shall be permitted in the easement area for irrigation lines and
system, common site lighting, undergrounding power lines for
irrigation and site lighting, and entry features.
e. Maintenance of PLM Easement Areas.
(1) The Association shall maintain the PLM
Easement Areas preserving the attractive nature of the vegetation
and maintaining the ponds, irrigation, landscaping and lighting.
The Association shall be entitled to assess the Lot owners on a
pro rata basis for insurance, maintenance costs, and legal fees
arising from the PLM Easement Areas pursuant to these covenants.
These assessments shall constitute a lien on a Residential Lot
until paid and shall have the same priority and be collected and
enforced in the same manner as provided for in Article X, below.
(2) The Association shall have the right to
delegate or assign the functions and responsibilities with
respect to the maintenance of the PLM Easement Areas to a manager
of the PLM Easement Areas who will conduct the maintenance
operations for the benefit of the Association. The Association
shall accept responsibilities for the PLM Easement Areas and
shall be responsible for the maintenance operations. Such
responsibility shall include operating, maintaining, replacing,
repairing and improving in the PLM Easement Areas, the irrigation
lines and system, landscaping planning, common site lighting,
retaining walls, fencing,, entry features, underground power lines
for irrigation and site lighting, signs, culverts, ponds and
Pumps
(3) In the event the Association fails to fulfill
its functions and responsibilities as contained herein with
respect to the PLM Easement Areas for six (6) consecutive months,
then after at least thirty (30) days prior written notice to the
Association within which the Association does not undertake to
fulfill its responsibilities with respect to the PLM Easement
Areas, Declarant may elect at its discretion, and its expense, to
take over these functions and responsibilities. In the event
Declarant takes over these functions and responsibilities, it
shall assess the Association and the individual Lot owners for,
and the Association and the individual Lot owners shall be liable
to pay, all reasonable costs and expenses incurred to fulfill the -
responsibilities with respect to the PLM Easement Areas,
including reasonable attorneys' fees and accounting fees.
Protective Covenants /Ten Ten Detailed Submission 5/21/87
--Page 9
3. Irrigation. An irrigation system shall be constructed
in the PLM Easement Area by the Declarant. Individual Lot owners
will construct underground irrigation systems in the individual
Improvement Envelopes. This system shall contain separate zones.
The Association shall set the times of use for each zone. A
blanket easement over each Lot for access to this system is
hereby granted. Lot owners shall locate controls for the
irrigation system in their Improvement Envelopes at easy to
access exterior locations for the Association.
4. Employee Lot 17 -R. A three - bedroom, two -bath employee
unit shall be built on Lot 17 -R. This unit shall be restricted
per the rental guidelines and. GMP commitments made by Declarant.
Ownership of this lot and the improvement constructed on the Lot
shall remain vested in Declarant until such time as the closing
of sales and delivery of deeds to purchasers of twelve (12) of
the sixteen (16) Lots. At such time or earlier, if Declarant
elects at its discretion, Declarant shall convey and assign the
Lot and all improvements located on Lot 17 -R to the Association
and all rights and obligations association therewith. Declarant
shall maintain the right to designate the employees who shall
live in the unit, and Declarant shall maintain the right to use
the common facilities or den of the employee unit as long as
Declarant conducts his business relating to maintenance,
management, sales or rentals in the Subdivision.
In the event Declarant places a loan on the employee unit,
the Association will assume the loan at the time said unit is
transferred by the Declarant to the Association as long as this
assumption does not result in a negative cash flow. Negative
cash flow as used herein is defined as an excess of the
principal, interest, taxes and insurance payments for the loan
and for Lot 17 -R at the date of the assumption over and above the
maximum income rental payments permitted by housing guidelines
for the employee unit on a yearly basis. This Lot and employee
unit will be owned by the Association in fee ownership, and the
Association shall pay all cost associated with ownership and
maintenance.
5. Utilities. Declarant shall provide individual stubs
for water, sewer and irrigation to the edge of the road easement.
Lot owners shall pay water and sewer tap fees, as well as
connection fees for the construction of their homes as required
by utility agencies. Individual lot owners shall be responsible
for service line extension, construction and maintenance of such
utility service lines and individual metering necessary to
service any structure built on the lot. Utility construction
shall be revegetated by and at the expense of the owner or owners
causing the installation of utilities no later than the next
growing season following installation. All other utilities shall
be available to the edge of the road easement.
Declarant hereby reserves easements over the PLM Easement
Areas, in such locations determined by Declarant to be reasonably
Protective Covenants/Ten-Ten Detailed Submission 5/21/87
Page 10
necessary, to construct, install, repair and maintain and for
ingress and egress to and from utility facilities from any
utility lines located on the PLM Easement Areas.
6. No Further Subdivision. No Lot described on the
recorded plat of Ten Ten Ute Subdivision shall ever be further
subdivided into smaller Lots or conveyed or encumbered in any
less than the full dimensions as shown on the recorded plat of
Ten Ten Ute Subdivision; provided however, conveyances or
dedications of easements for utilities may be made for less than
all of one Lot. Notwithstanding the foregoing, a Lot line
adjustment between two Lots in Ten Ten Ute Subdivision shall be
deemed a permitted subdivision, subject however, to any reviews
or approvals that may be required by the City of Aspen Land Use
Code.
T-. Domestic Animals. Domestic animals shall be permitted
subject to any rules and regulations which may be promulgated by
the Board of Directors; provided, however, that no more than one
dog per owner shall ever be permitted, and no tenants may have
dogs. At no time shall dogs be permitted to run free nor shall
outside dog runs be allowed. There shall there be no farm
animals permitted in the Subdivision.
8. Underground Utility Lines. With respect to the new
construction or the extension of any utilities, all water, sewer,
gas, electrical, telephone, cable T.V. and other utility pipes or
lines within the limits of Ten Ten Ute Subdivision shall be
buried underground and not be carried on overhead poles or above
the surface of the ground. Any areas of natural vegetation or
terrain in Ten Ten Ute Subdivision disturbed by the burying of
utility lines shall be revegetated by and at the expense of the
owner or owners causing the installation of the utilities no
later than the next growing season following installation.
9. Service Yards and Trash. Equipment, service yards or
storage piles on any Lots may be permitted during construction if
they receive Architectural Committee review approval. All
rubbish and trash shall be removed from all Lots in Ten Ten Ute
Subdivision and shall not be allowed to accumulate and shall not
be burned thereon.
� 10. No Mining, Drilling or Quarrying. Mining, quarrying,
tunnelling, excavating or drilling for any other substances
within the earth, including oil, gas, minerals, gravel, sand,
rock and earth, shall not be permitted within the limits of Ten
Ten Ute Subdivision. Individual wells shall not be permitted on
any Lot and no owner shall be permitted to drill for water on his
Lot.
11. Raw Water Agreement. All Owner and the Association
shall adhere to the requirements set forth in the Raw Water
Agreement with the City of Aspen recorded in--Book at Page
in the official records of Pitkin County,-Colorado.
Protective Covenants /Ten Ten Detailed Submission 5/21/87
Page 11 --
0 0
12. Resolution of City Council -- P.U.D. and Subdivision
Improvements Agreement. All owners shall adhere to the
requirements set forth in the P.U.D. and Subdivision Improvements
Agreement between Declarant and the City Council of Aspen,
Colorado, recorded in Book at Page and Book at
Page respectively, of the official records of Pitkin
County, Colorado, and any duly enacted amendments thereto which
may be made.
ARTICLE VI
Restrictions on Lots
1. Number and Location of Buildings. No buildings or uses
shall be placed, erected, altered or permitted to remain on any
Lots except as approved by the Architectural Committee.
2. Completion of Construction. Any construction activity
on any Lot in Ten Ten Ute Subdivision shall be completed, fully
cleaned up, and landscaped within eighteen (18) months from its
commencement or shall obtain a variance from the Architectural
Committee to allow for a longer period of construction upon proof
of due diligence.
3. Fireplaces / Woodburning Stoves. All Residential Units
in Ten Ten Ute Subdivision shall comply with the fireplace regu-
lations of the City of Aspen. All woodburning stoves in Ten Ten
Ute Subdivision shall be certified as approved by the
Environmental Health Department of the City of Aspen.
4. Driveways. Driveway design, location, surfacing
material and construction methods shall be approved by the
Architectural Committee. The design and construction of driveways
shall comply with the City of Aspen Road Standards and
Specifications governing driveways.
5. Building Height Restrictions. No roof shall exceed
twelve feet (12') above the center line of the existing ridge
starting at the south property line of Lot 15, and extending
northerly throught Lot 14, 15 and a portion of Lot 13, determined
by an overall distance of one hundred eighty feet (180') from the
south line of Lot 15. The height limit will not exceed twelve
feet (121) above the ridge center line starting at an elevation
of 8020.5 at the south line of Lot 15 to elevation 7990 on Lot
13. The building to be constructed on Lot 17 -R shall be limited
to one - story. Except as noted above, all other structures on the
individual lots of the subdivision shall comply with the building
height provisions for R -15 zoning of the City of Aspen Land Use
Code. _
6. Soils Testing. Site specific soils testing for design
and engineering of driveways and structures shall be done for all
Lots in the Subdivision.
Protective Covenants /Ten Ten Detailed Submission 5/21/87
Page 12 --
7. Metal Roofs. No metal roofs shall be permitted in the
subdivision.
8. Satellite Dishes. No satellite dishes shall be
permitted in the Subdivision.
9. F.A.R. Restrictions. No lot in the subdivision other
than Lot 17 -R shall have a house of less than 3,000 square feet.
The maximum FAR for each lot shall be set in the deed of
conveyance from the Declarant to the Lot owner. Provided,
however, in no event shall the FAR for the Subdivision (all
seventeen (17) lots) exceed 68,900 sq. ft. as currently defined
by City of Aspen Code on FAR calculation as of June 1, 1987.
10. Drainage Guidelines. Individual homesites shall handle
their on -site flows, by drywells and /or retention ponds. No
devel6ped flows of individual homesites shall be allowed to flow
into the Roaring Fork River, the Wheeler Ditch, or Ute Avenue.
11. Energy Conservation. All residential construction on
Residential Lots shall be designed to provide at least a twenty -
five percent (25 %) energy savings above the minimum requirement
of the City of Aspen "Energy Conservation and Thermal Insulation
Standard," Chapter 53, Uniform Building Code, adopted January 22,
1979. Individual building design will determine the most effi-
cient manner to comply with this performance standard. Each
owner of a Residential Lot shall provide an energy conservation
report to the City of Aspen Building Inspector as part of his
building permit application which gives proof of compliance with
this energy conservation standard.
12. Used or Temporary Structures. No used or previously
erected or termporary house structure, mobile home or trailer is
permitted in the Subdivision. This prohibition shall not apply
to. construction trailers which shall be permitted for eighteen
(18) months or the issuance of a Certificate of Occupancy,
whichever first occurs.
13. Drainage Control. Each owner shall install culverts
where driveways cross road ditches, irrigation channels and other
drainage' ways as required by the Architectural Committee. The
minimum size of any culvert and the construction methods utilized
in installing any culvert shall be approved by the Architectural
Committee.
14. Road Damage. Each owner is responsible for any damage
caused to private roads during the construction of improvements
upon his property by any_ vehicle belonging_ either t_ o him or any
one using the roads of Ten Ten Ute Subdivision while engaged in
any activity benefiting the owner. Lugged vehicles are not
permitted on the roads within Ten Ten Ute Subdivision.
Furthermore, each Lot owner shall also be responsible for any
damage caused by utility cuts in roads, washouts and runoff
Protective Covenants /Ten Ten Detailed - Submission 5/21/87
Page 13
damage caused by failure to install culverts properly and in a
timely manner as provided in paragraph 13 above. A deposit for
road damage may be required by the Architectural Committee.
15. Enclosure of Unsightly Facilities and Equipment. All
unsightly structures, facilities, equipment and other items,
including but not limited to those specified below, shall be
enclosed within a solid, covered structure. Any motor home,
trailer, boat, truck, tractor, snow removal or garden equipment,
and any similar items shall be kept at all times, except when in
actual use, in an enclosed garage. Any refuse or trash
containers, utility meters or other facilities, service area, or
storage pile shall be enclosed within a structure or
appropriately screened from view by planting or fencing approved
by the Architectural Committee and adequate to conceal the same
from neighbors, streets and private roads. No lumber, metals,
bulk materials, scrap, refuse or trash shall be kept, stored or
allowed to accumulate on any Lot except building materials during
the course of construction and only for such reasonable periods
of time as is necessary prior to the collection of or disposal
thereof.
16. Noxious or Offensive Activity or Sounds. No noxious or
offensive activity or sounds shall be carried on upon any portion
of Ten Ten Ute Subdivision at any time nor shall anything be done
or permitted which may be or become a nuisance to other property
or to the owners thereof by sight or sound.
17. Firearms. The discharge or shooting of firearms is
prohibited in Ten Ten Ute Subdivision except as may be permitted
by rules and regulations promulgated by the Board of Directors of
the Association.
18. Assumption of Ground Water Risk. There is an
assumption of risk of potential ground water for Lots 1, 2, 5, 6
and 8 because of their proximity to the ponds. During
architectural review, Lot owners must submit plans to the
Architectural Committee demonstrating that they have incorporated
protection mechanisms against ground water from the ponds in
their house design. Approval of plans by the Architectural
Committee does not relieve the assumption of risk from these Lot
owners.
19. General Restriction. All Lots in the Subdivision shall
comply with restrictions contained in any other section of these
Protective Covenants.
ARTICLE VII
Easements Reserved
1. Easements Described on Plat. The lands within Ten Ten
Ute Subdivision are subject to any and all easements described on
the recorded plat of Ten Ten Ute Subdivision.
Protective Covenants /Ten Ten Detailed Submission 5/2 -1/87
Page 14
i •
2. Main Road and Utility Easements Reserved. There is
hereby created a thirty -five foot (35') wide road and utility
easement for the Subdivision's main road for the purpose of the
private use of the owner(s) of the Lots and their guests. There
is a blanket easement for operating, replacing, enlarging and
repairing electric, telephone, water, sewer, irrigation, gas,
cable television and similar lines, pipes, wires, ditches, and
conduits. Declarant reserves the right to locate these easements
or portions thereof across any portions of any of the Lots, the
PLM Easement Areas, or any other portions of Ten Ten Ute
Subdivision if such is deemed necessary for the most efficient
and expeditious running of the utilities, provided in no event
shall any such easement run through an Improvement Envelope or
across any area of a Lot wherein which an owner has received
approval from the Architectural Committee to construct
improvements. With respect to the utilization of any easement on
any Ldt reserved hereunder, the easement shall be deemed an
as -built easement at such time as any utilities are constructed
pursuant to these easements reserved.
Declarant hereby reserves an access and construction
easement over, on and across the PLM Easement Areas as required
for constructing, maintaining, operating, replacing and repairing
ponds, walkways, utilities, landscaping or other improvements.
4. Fence Licenses Within Easements. No fence or other
improvement shall ever be placed in any of the easements created
and reserved under any paragraph of this Article VII unless prior
written authorization therefor shall be obtained from the Archi-
tectural Committee. Any such authorization shall.be deemed to be
a revocable license and the owner or owners of the Lot upon which
said fence is constructed shall promptly remove the same at their
expense upon request of the Architectural Committee. Damage to
any such fence occasioned by construction, maintenance and /or
repair of any service or system shall be repaired by the owner or
owners of the Lot at their sole expense.
5. Ownership of Easements. All easements and rights
created and reserved in this Article shall be and remain vested
in Declarant until such time as Declarant has executed and
delivered an instrument in writing transferring the same or a
part thereof to the utility company or other entity requiring the
easement or to the Association. Upon any such transfer,
Declarant shall be relieved from all continuing responsibilities
therefor.
Protective Covenants /Ten Ten Detailed Submission 5/21/87
Page 15
ARTICLE VIII
Private Access Easement,
Driveways and Emergency Access
1. Ownership of Private Access Easement. Declarant hereby
reserves to the Association a perpetual access easement over and
across the Private Access Easement. Declarant hereby reserves
perpetual right to use the Private Access Easement. Declarant
hereby reserves perpetual right to use the Private Access
Easement for access to and from the PLM Easement-Areas and any
other lands or areas retained by the Declarant and for other
purposes reasonably necessary to pursue and implement any and all
rights retained by Declarant under these Covenants.
2. Maintenance of Driveways. All driveways accessing the
individual Lots constructed in Ten Ten Ute Subdivision shall be
constructed and maintained at the expense of the owner(s) whose
Lot(s) is being served by a particular driveway.
3. Shared Driveways. Where Lots share a. driveway, the
first Lot to construct shall pay the cost of constructing the
driveway. The constructing Lot owner will be reimbursed by the
sharing adjacent property owner at the time that owner receives a
building permit for the construction of a house on his Lot. The
constructing Lot owner shall be entitled to reimbursement for a
normal driveway design utililizing specifications and standards
promulgated approved by the Architectural Review Committee.
Owners of Lots sharing driveways shall enter into a maintenance
and reimbursement agreement which will include late fees,
penalties, and reimbursement for damage to driveways during
construction. This agreement will be executed concurrent with
Lot purchases. The Association shall have the right to require
common maintenance and snow clearing agreements with the owner(s)
of Lots to maintain the total length of driveways servicing the
Lots.
4. Emergency Access Easement. A nonexclusive easement for
ingress and egress is hereby granted to all police, sheriff, fire
protection, ambulance and other similar emergency agencies or
persons, now or hereafter servicing Ten Ten Ute Subdivision and
its residents, to enter upon the Main Road., Private Access
Easements and driveways located in Ten Ten Ute Subdivision and on
any property in Ten Ten Ute Subdivision in the lawful performance
of their duties.
Protective Covenants /Ten Ten Detailed Submission 5/21/87
Page 16
ARTICLE IX
Employee Housing Commitment
The employee housing commitment will be satisfied by a
cash -in -lieu payment paid by Declarant. This will be prepaid by
Declarant and each purchaser of a Lot will be free of this
requirement. Declarant shall construct a three - bedroom, two -bath
employee unit. The three - bedroom unit shall be restricted to the
low - income rental or sales guideline and shall be at least 1,000
square feet. The unit shall be constructed.and a Certificate of
Occupancy issued prior to the issuance of a Certificate of
Occupancy for the first free - market residential unit of the
project to allow for concurrent construction of the units. The
rental or sales price guidelines for the unit shall be adjusted
to the low - income guidelines in effect at the time of issuance of
a Certificate of Occupany for the unit.
ARTICLE X
Collection of Assessments -- Enforcement
1. Assessments. All Lot owners (including Declarant)
shall be obligated to pay any assessments lawfully imposed by the
Board of Directors of the Association. To the extent the
Association is responsible therefor, assessments may be lawfully
imposed for any items of common expense which may include, among
other things: expenses for maintaining, improving, snowplowing
and snow removal in the Private Access Easements, including Ute
Circle; for snowplowing and snow removal for shared and private
driveways; expenses for managing, maintaining, repairing and
irrigating the PLM Easement Areas and. IELM Easement Areas;
expenses for taxes attributable to improvements and underlying
land in PLM Easement Areas, IELM Easement Areas, and Lot 17 -R;
expenses for maintaining and improving the common utility line
system; expenses for contracting or maintaining a security system
for the residents of Ten Ten Ute Subdivision; fire protection
systems; expenses of the Architectural Committee; insurance,
accounting, legal functions of the Association; assessments for
purchase, operation and mainteance of a van or truck which will
provide a scheduled shuttle service for early morning and late
afternoon operations during the ski season for the purpose of
providing skier and shopping access to core areas of the town,
and, any other reasonable costs and expenses incurred by the
Association in pursuit of its purposes. The Board of Directors
may establish contingency and reserve funds for the maintenance
and improvement of Ute Circle and the PLM Easement Areas and IELM
Easement Areas and any other anticipated costs and expenses of
the Association to be incurred in pursuit of its purposes.
.Contingency and reserve funds shall be in such an amount as the
Board of Directors may deem necessary and appropriate for the
aforesaid purposes, each owner, including each Lot owned by
Declarant, shall be required to pay his pro rata portion of these
funds. As used herein, an owner's pro rata.__portion of common
expense shall mean a fraction formed by the number of Lots
purchased and held by the Lot owner(s) , including Declarant
Protective Covenants /Ten Ten Detailed Submission 5/21/87
Page 17
(numerator), and the number of Lots in the Subdivision (16)
(denominator) . The Board of Directors shall have the right
during any calendar year to levy and assess against all of the
owners a special assessment for such purpose or purposes, in
accordance with these covenants, or the articles or bylaws of the
Association, as may be necessary. Such special assessment shall
be paid for in equal portions by the owners obligated to pay such
assessments and shall be due and payable as determined by the
Board of Directors.
2. Lien for Non - Payment of Assessments or Fines. All sums
assessed by the Board of Directors including, without limitation,
the share of common expense assessments chargeable to any Lot
owner, any fines which may be levied on a Lot owner and unpaid
common utility fees and assessments charged to a Lot owner shall
constitute a lien against such Lot superior (prior) to all other
liens `and encumbrances, excepting only:
a. tax and special assessment liens on the Lots in
favor of any governmental assessing unit, and,
b. all sums unpaid on a first mortgage of record,
including any unpaid obligatory sums as may be provided by
encumbrance.
If any assessment shall remain unpaid after twenty (20) days
after the due date thereof, such unpaid sums shall bear interest
from and after the due date thereof at the maximum rate of
interest permitted by law, or at such rate as is determined by
the Board of Directors, and the Board of Directors may impose a
late charge on such defaulting owner as may be established by the
Board. In addition the Board of Directors shall be entitled to
collect reasonable attorneys' fees incurred in connection with
any demands for payment and /or collection of delinquent
assessments. To evidence such lien the Board of Directors shall
prepare a written notice setting forth the amount of such unpaid
indebtedness, the name of the owner of the Lot and its legal
description. Such a notice shall be signed by one of the Board
of Directors and shall be recorded in the office of the Clerk and
Recorder of the County of Pitkin, Colorado. Such lien may be
enforced by foreclosure of the defaulting owner's Lot by the
Association in like manner as a mortgage on real property, upon
the recording of a notice of claim thereof. In any such
foreclosure the owner shall be required to pay the costs and
expenses of such proceedings, the costs and expenses for filing
the notice or claim of lien and all reasonable attorneys' fees.
The owner shall also be required to pay to the Association any
additional assessments against the Lot during the period of
foreclosure, and the Association shall be entitled to the
appointment of a receiver to collect the same. The Board of
Directors, for the Association, shall have the power to bid on
__the Lot_ at foreclosure sale and to acquire and hold, lease, _
mortgage and convey same. The Association, at its election, and-*---
in addition to any other remedies it may have at law or in —
Protective Covenants /Ten _Ten Detailed Submission 5/21/87
Page 18
r
equity, may also sue an owner personally to collect any monies
owed the Association.
C. Each owner hereby agrees that the Association's
lien on a Lot for assessments as hereinbefore described shall be
superior to the Homestead Exemption provided by Colo. Rev. Stat.
Ann. S 38 -41 -201, et se q. (1973, as amended) and each owner
hereby agrees that the acceptance of the deed or other instrument
of conveyance in regard to any Lot within Ten Ten Ute Subdivision
shall signify such grantee's waiver of the homestead right
granted in said section of the Colorado statutes.
d. Any recorded lien for non - payment of the common
expenses may be released by recording a release of lien executed
by a member of the Board of Directors.
3. Enforcement Actions. The Association, acting by and
through its Board of Directors, shall have the right to prosecute
any action to enforce the provisions of all of these covenants by
injunctive relief, on behalf of itself and all or part of the
owners of the lands within Ten Ten Ute Subdivision. In addition,
each owner of land within Ten Ten Ute Subdivision, including the
Association, shall have the right to 'prosecute any action for
injunctive relief and for damages by reason of any violation of
these covenants. Declarant independently, for so long as it
retains any of the rights granted, retained or reserved to it
hereunder, shall have the right to prosecute any action for
injunctive relief and for damages against any owner or the
Association by reason of any violation of these covenants. The
prevailing party in any enforcement action shall be entitled to
an award of its reasonable costs and attorney's fees.
4. Limitations on Actions. In the event any construction
or alteration or landscaping work is commenced upon any of the
lands in Ten Ten Ute Subdivision in violation of these covenants
and no action is commenced within one 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. This one year limitation shall not apply to
injunctive or equitable relief against other violations of these
covenants, nor shall it apply to the provisions of paragraph 4 of
Article VII.
5. Fines. In addition to the enforcement actions provided
for above, the Board of Directors shall have the right, after
affording notice and an opportunity to be heard to a Lot owner,
to fine, in a reasonable amount, the owner for any violations of
these covenants. The fine may be assessed as_a lump- -sum or on a
per diem basis for the number of days that an owner is in_ vio-
lation of the covenants. Any such amounts that a Lot owner is
fined shall be deemed a lien against the Lot and may be collected
and foreclosed on in the same manner as is provided above for the
collection of common expense assessments. No owner shall convey
or mortgage his lot unless and until all sums due the
Protective Covenants /Ten Ten Detailed Submission- 5/21/87
Page 19
0 •
Association, whether or not evidenced by recorded statement, are
currently paid, but no mortgage transaction shall be voidable by
the Association, nor shall the superior position of a first
mortagee be adversely by a lien of the Association. At least ten
(10) business days prior to any conveyance or mortgage, the owner
shall deliver written notice to the Association advising it of
the proposed transaction and the names and addresses of all
transferrees and mortgagees involved. If any assessment is due
and owing by the owner, his grantee or mortgagee shall apply the
proceeds of any such transaction to the payment of delinquent
amounts due the Association before paying or disbursing any
amounts to the owner. The grantee of a lot shall be jointly and
severally liable with his grantor for all unpaid assessments
against the latter up to the time of the grant or conveyance
without prejudice to the grantee's right to recover from the
grantor any amounts paid by the grantee therefor. Upon written
request and payment of such reasonable fees as_may be set by the
Board, the Association shall issue a written statement to such
grantee or mortgagee verifying the status of all assessments or
charges affecting the lot. Any statement as to the existence or
amount of any delinquencies shall conclusively bind the
Association.
6. Cutting Off Service. The Board of Directors may adopt
rules and regulations which permit them to withhold services to
Association members who are delinquent in paying fines and or
assessments.
ARTICLE XI
TnGUrnnna
1. Types of Insurance. The Association shall obtain and
keep in full force and effect the following insurance coverages,
if appropriate:
a. Property and fire insurance with extended coverage
and standard all -risk endorsements, including vandalism and
malicious mischief,' on the Association property. The total
amount of insurance, after application of deductibles, shall be
one hundred percent (100 %) of the replacement value of the
insured property exclusive of land, foundations, and other items
normally excluded from property policies.
b. Public liability and property damage insurance,
including medical payments insurance, in an amount to be
determined by the Board covering all occurrences commonly insured
against for death, bodily injury and property damage arising out
of or in connection with, including but not limited to,
irrigation, water supply, landscaping maintenance and snow
removal, the ownership, operation, maintenance or other use of
Association Property, PLM Easement Areas, and the Private
Roadways. This policy shall also cover operation of automobiles -
-on behalf of the Association. The policy shall be in an amount
not lesst han $500,000.00 per injury, per person, per occurrence,
Protective Covenants /Ten Ten Detailed Submission 5/21/87
Page 20
0 0
with an umbrella liability limit of at least $1,000,000.00 per
occurrence.
C. Public liability and property damage insurance,
including medical payments insurance, in an amount to be
determined by the Board covering all occurrences commonly insured
against for death, bodily injury and property damage arising out
of or in connection with, including but not limited to,
irrigation, water supply, landscaping maintenance and snow
removal, the operation and maintenance Association performs in
the IELM Easement Areas, private driveways and walkways.
d. Workmen's compensation and employer's liability
insurance in the amounts and in the forms required by law.
e. Fidelity coverage against the dishonesty of
employees, destruction or disappearance of money or securities,
and forgery. This policy shall also cover persons who serve the
Association without compensation.
f. Coverage of members of the Board and officers of
the Association against libel, slander, false arrest, invasion of
privacy and errors and omissions and other forms of liabiltiy
generally covered in officers and directors liability policies.
g. Coverage against such other risks of a similar or
dissimilar nature as the Board deems appropriate.
Such insurance shall be at standard premium rates as
established by the Colorado Insurance Commissioner and written
with companies licensed to do business in Colorado having a Best
insurance report rating of Class A +10 or better. No policy shall
be obtained where:
(1) contributions or assessments may be made against
the Mortgagor or Morgagee's designee under the terms of the
insurance company's charter, bylaws or policy;
(2) by the terms of the carrier's charter, bylaws or
policy, loss payments are contingent upon action by the company's
board of directors, policyholders or members; or
(3) the policy includes any limiting clauses (other
than insurance conditions) which could prevent mortgagees from
collecting insurance proceeds.
2. Named Insured and Interests. Policies of property
insurance shall name the Association as the insured and the
entity to which payment is to be made. The certificate or
memoranda of insurance, duplicate originals of all policies and
renewals, and proof of payment of premiums shall be issued to the
Association, and upon request, to any owner or mortgagee.
3. Invalidation or Reduction of Coverage. Insurance
policies carried pursuant to Section 6.1(a) must provide the
following: _
Protective Covenants /Ten Ten Detailed Submission 5/21/87
Page 21 --
• 0
a. that the insurer waives its right to subrogation
under the policy against any owner, any lessee and their families;
b. that no act or omission by any occupant will void
the policy or be a condition to recovery under the policy, unless
that person is acting within the scope of his authority as an
officer of the Association or as a member of the Board; and
C. that if, at the time of a loss under the policy,
there is other insurance in the name of an owner or any lessee
covering the same property covered by the policy, the policy is
primary insurance not contributing to the owner's individual
insurance.
ARTICLE XI
General Provisions
1. Covenants to Run. All of the covenants contained in
this instrument shall be a burden on the title to all of the
lands in Ten Ten Ute Subdivision, and the benefits thereof shall
inure to the owners of the lands in Ten Ten Ute Subdivision and
the benefits and burdens of all said covenants shall run with the
title to all of the lands in Ten Ten Ute Subdivision.
2. Termination of Covenants. In the event these covenants
have not been sooner lawfully terminated pursuant to any applica-
ble laws of the State of Colorado and Pitkin County, Colorado,
and the provisions herein contained, these covenants may be
terminated on January 1 of the year 2036 by a vote of
seventy -five percent (75 %) of the votes entitled to be cast by
the members of the Association. If these covenants are not so
terminated then they shall continue to be in full force and
effect for successive twenty -five (25) year periods unless, at
the close of a twenty -five (25) year period, the covenants are
terminated by a vote of seventy -five percent (75 %) of the votes
entitled to be cast by the members of the Association at a
meeting of the members duly held. In the event of any such
termination by the members a properly certified copy of the
resolution of termination shall be placed on record in Pitkin
County, Colorado, not more than six (6) months after the meeting
at which such such vote is cast.
3. Amendment of Covenants. These covenants may be amended
by a vote of seventy -five (75 %) percent of the votes entitled to
be cast by the members of the Association, said vote to be cast
at a meeting of the members duly held, provided a properly
certified.copy of the resolution of amendment be placed on record
in Pitkin County, Colorado, not more than six months after said
meeting. PROVIDED HOWEVER, no amendment shall be permitted which
(a) is inconsistent with any of the rights granted, retained or
reserved to Declarant hereunder or which attempts to enlarge or
expand any obligation of Declarant hereunder, unless such is
consented to in writing by Declarant, or (-b) is consistent with
requirements imposed by City of Aspen in the approval process.
Protective Covenants /Ten Ten Detailed Submission 5/21/87
Page 22 --
F. - 0
- E
4. Severability. Should any part or parts of these
covenants be declared invalid or unenforceable by any court of
competent jurisdiction, such decision shall not affect the
validity of the remaining covenants.
5. Paragraph Headings. The paragraph headings in this
instrument are for convenience only and shall not be construed to
be a part of the covenants contained herein.
6. Successors and Assigns of Declarant -- Release of
Rights. Any rights or responsibilities granted or retained by
Declarant under these covenants shall inure to and be binding on
any successors in interest or assigns of Declarant and any person
or entity which accedes to the rights and obligations of
Declarant with respect to the real property governed by these
covenants. Declarant at any time may give up and release any of
these rights by written notice to the Association and the
Association on its receipt of such notice shall thereupon be
responsible for any obligations associated with such rights
released by Declarant. A copy of such notice shall be recorded
in the official records of Pitkin County, Colorado.
7. Disclaimer. No representations or warranties of any
kind, express or implied, have been given or made by Declarant or
its agents or employees in connection with the property or any
portion thereof, or any improvements thereon, physical condition,
zoning compliance with the applicable laws, fitness for intended
use or in connection with the subdivision, sale, operation,
maintenance, cost of maintenance, taxes or other regulations
hereof as a Planned Unit Development except as expressly set
forth in this declaration and the Subdivision Agreement and PUD
Agreement signed with the City of Aspen.
8. Limited Liability. The Association and the Board shall
not be liable to any party for any action or for any failure to
act with respect to any matter if the action taken or failure to
act was in good faith and without malice. The owners severally
agree to indemnify the Association and the Board against loss
resulting from such action or failure to act if the Association
and the Board acted or failed to act in good faith and without
malice.
IN WITNESS WHEREOF, these Protective Covenants of the
Ten Ten Ute Subdivision have been executed as of the day and year
first above written.
DECLARANT:
ATTEST: _ 1010 UTE CORPORATION, a
Colorado corporation
By By
Assistant Secretary- David G. Behrhorst, Vice - President
- (NOTARY ACKNOWLEDGMENT ON FOLLOWING PAGE)
Protective Covenants /Ten Ten Detailed Submission 5/21/87
Page 23
STATE OF COLORADO )
ss.
COUNTY OF PITKIN )
Acknowledged, subscribed and sworn to before me this
day of 1987, as Assistant
Secretary and DAVID G. BEHRHORST as Vice - President of 1010 UTE
CORPORATION, a Colorado corporation.
Witness my hand and official seal.
My commission expires:
Notary Public
Protective Covenants /Ten Ten Detailed Submission 5/21/87
Page 24
C
PARCr.1, 1:
EXHIBIT "A"
LEGAL DESCRIPTION
C
A tract of land being a part of Lot 7 in Section 18, Township 10 South,
Range 84 West of the 6th P.M., according to the official Plat of the Survey
of the said lands returned to the General Land Office by the Surveyor
General which is more fully described as follows: From Corner No. 9 of
.Tract "B" of the East Aspen Townsite Addition (a BLM brasscap in place)
thence N 00 °21' E 299.50 feet along line 9 -8 of said Addition to the
point of beginning; thence N 50 °39' W 218.16 feet to the West side of
said Lot 7; thence N 00 °55' W 366.92 feet along the West side of said
Lot 7 to a point of the South boundary of Lot 8 in Calderwood Subdivision;
thence N 67 °53' E 27.68 feet along the South boundary of said Calderwood
Subdivision; thence N 48 °49' E 32.33 feet along the boundary of said
Calderwood; thence N 21 022' E 93.60 feet along the boundary of said
Calderwood; thence N 42 052' E 41.00 feet along the boundary of said
Calderwood; thence S 61 °27' E 75.58 feet along the boundary of said
Calderwood to line 8 -9 of said Aspen Addition; (this line being the .East
Side of Lot 7); thence S 00 21 W 618.02 feet along said line 8 -9 to
the point of beginning.
PARCEL 2:
That part of Lot 6 in Section 18, Township 10 south, Range 84 West of the
6th P.M. described as follows: Beginning at a point on line 1 -2 of the
Townsite of Aspen which bears N 28 °28' E 150.50 feet from Corner No. 1
of said Townsite; thence ,N 28 °28' E 134.56 feet along line 1 -2 of said
Townsite; thence N 89 °36'12" E 382.55 feet; thence S 27 °06' E 35.00 feet
along the boundary of Calderwood Subdivision; thence S 28 °30' E 58.02 feet
along the boundary of said subdivision; thence S 69 °49' E 31.14 feet along
the boundary of said subdivision; thence N 67 °53' E 85.52 feet -along the
boundary of said subdivision to the West side of Lot 7 of Section 18;
thence S 00 055' E 366.92 feet along the West side of said Lot 7; thence
N 50 039' W 301.41 feet; thence S 25 °30' W 323.42 feet; thence N 27 °04.'30"
W 283.03 feet;-thence N 33 °39' E 186.72 feet to the point of beginning.
EXCEPTING from the above two (2) Parcels that part conveyed to The City
of Aspen in Book 260 at Page 632.
PARCEL 3:
LOT 1,
HOAG SUBDIVISION
COUN'ry or PITK1N,
STATE 01! COLORADO.
0
EXHIBIT "B"
SITE DATA TABULATION
e
Note: 1) Minimum FAR per Lots 1 through 16 shall be 3,000 sq. ft.;
2) Minimum FAR for Lot 17 -R shall be 1,000 sq. ft.; and
3) Maximum FAR for each Lot to be set in the deed of
conveyance to each Lot owner; provided, however, the
total FAR for Ten Ten Ute Subdivision cannot exceed
68,900 sq. ft. as currently calculated by the City
of Aspen Code in effect June 1, 1987.
Lot
Size:
Improvement Envelope
Lot No.
Acres
Square Feet
Area Square Feet -
Lot 1
0.68
29,730
7,764
Lot 2
0.57
24,677
8,290
Lot 3
0.35
15,160
8,037
Lot --4
0.32
13,957
7,768
Lot 5
0.49
21,215
6,056
Lot 6
0.66
28,761
5,914
Lot 7
0.34
14,939
7,315
Lot 8
0.48
20,733
5,755
Lot 9
0.23
10,058
3,474
Lot 10
0.24
10,319
3,723 ,
Lot 11
0.18
7,988
4,697
Lot 12
0.18
7,918
4,149
Lot 13
0.17
7,365
4,310
Lot 14
0.21
9,196
6,051
Lot 15
0.25
10,732
8,115
Lot 16
0.24
10,622
4,415
Lot 17 -R
0.47
20,289
5,794
Outparcel A
1.59
68,954
N/A
Total
Subdivision
7.64
332,613
101,627
Note: 1) Minimum FAR per Lots 1 through 16 shall be 3,000 sq. ft.;
2) Minimum FAR for Lot 17 -R shall be 1,000 sq. ft.; and
3) Maximum FAR for each Lot to be set in the deed of
conveyance to each Lot owner; provided, however, the
total FAR for Ten Ten Ute Subdivision cannot exceed
68,900 sq. ft. as currently calculated by the City
of Aspen Code in effect June 1, 1987.
•
EXHIBIT "C"
PARK DEDICATION FEE
PROPOSED DEVELOPMENT:
Lot
1
4 BR
Lot
2
4 BR
Lot
3
4 BR
Lot
4
4 BR
Lot
5
4 BR
Lot
6
4 BR
Lot
7
4 BR
Lot
8
4 BR
Lot
9
4 BR
Lot
10
4 BR
Lot
11
4 BR
Lot
12
4 BR
Lot
13
4 BR
Lot
14
4 BR
Lot
15
4 BR
Lot
16
4 BR
Lot
17 -R
N/A
TOTAL 64 BR
* Includes one (1) three - bedroom employee unit exempt from
park dedication fee requirements.
The December 1986 purchase price of $1,775,000.00 for the
whole parcel indicates the fair market value of the Property.
Fee calculated as follows:
$ 1,775,000.00 = $ 110,937.50 x .01 = $ 1,109.38
16
Total Fee: 16 Lots x 4 BR x $ 1,109.38 = $ 71,000.32
0
EXHIBIT "D"
FINANCIAL ASSURANCE GUARANTY ESTIMATE
1.
Realign and pave
Ute Avenue adjacent
to property:
24' wide with 3"
mat and 8" gravel.
$
29 500.00
2.
470' of curb and
gutter
$
4,700.00
3.
Realign and pave
10' wide bike path
470' $
7,500.00
4.
Irrigate and seed
10' wide landscape
median $
7,000.00
5.
6 street trees as
shown on Final
Landscape Plan
$
2,500.00
6.
2 fire hydrants
$
3,500.00
TOTAL $ 54,700.00
s-�
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s<,
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��� �;�� M aye 25..���' l�fi �.� �� `
WA
-r. #" 3%�3 E'er F•c.y.{•� "£' ,p ��y.
4�r on Meyer, Inc° jrt
j'. Gi'and� Avb Stiiten 5212
. .xt�E7y ''234k tr "'1
zn =Springs Co 81601 ,t
` RE 1010. Ute Avenue Sanitary Sewer Line
�I. j
M Gordon=
P S T
ddo blbll �JUOI yW-L�w
Y RONALD C McLAUGF4IId
HALTORD E. ERICKSON
DOUGLAS T. SOVERN-
WILUAM C. TAGGART
ROBERT L. CARL EY
- WILLIAM -R: KENDALL -
CHARLES C HARDT -.
RALPH L TOP-71
JOHN T. Mc ANT
GENE A. BURRELL.. -.
MICHAEL E. MERCER -
M PHALW
)OHIJ
NUCHAEL R. GALUM '
RONALD E. DVORAK
SCOTT E. LEHMAN
+ KENNETH D. ZEE ART
MARY ANNE BLIS H
HAROLD ROBERTS
JACK W. STEINME -YER
LENDER L. URMY
Dear r.
The following is a summary of my comments that were made on your resuhnittal
of the ;ten . ten Ute Avenue Subdivision Sanitary Sewer Line. The comments are
made on the. submittal of your Technical .Specifications . and on .your corrected set
of `Drawings,` and are made according ,tor Aspen Consolidated Sanitation District
Standards ` You were given Ma set of the marked -up drawings and specifications
at `our eeting today.:
m
-Sp ecifications- A. Bedding, Material is to be placed .a minimum of 4 -inch
underneath= the pipe, then compacted in lifts (maxunum of ',6-inches to 9
12 inches above _ 'the top of the pipe. The Material' is to be roadbasel�
aPProved equal -- 1
B. Pipe is to be SD R 35 for `normal depth lines
i e. sb
for lines over, 12 -foot %of depth Class 150. or C -900 water p p
all potable ; water line crossings,(a minimum of �10 feet 'on .eV'
crossing is required
)
a
F. � v.,t (,•.:'. .. t .. 1 '� Y :J� lfh ffitS ASS '' \. -
y n
C.. Manholes shall 'be Manufacture
an approved equal. The use of sa 4 foot diameter
shall be` used, in the cast -in-;• lace bases on 12 inch,
D Manhole 'joints ar
preformed gasketi . or an a roved' ual T
PP e qr
' E Due to the de
will be: required for all service tar'
minimum of 12 inches long
G..:. fN
shall be laid with ,a laser
lamp test :Provide calculatio.
g A.. new.
existing' main trunk line 7._
;`h f J1
a
I A pipe point s
' manholes.ti5
.G+S
r�{�+", M�c x aJ.,y �s ! - a''f 43 A 'T•.,; s rInom.. wk ti
yws Y ),
'1 y1 'Y
s `CASTLE ROCK :cs •+art - v 4,
(303i 6BB -SS99 .' "= k •"`°t i3Q,3)
oa'� 458 -SJ.SO zk
r,
CU'•LP.�E EI.CI'.EERING SERVICES !H - - WRATTA RIGHTS A7.'D RFSOi1RCi5 WAi'EA TREAD ENT AND OISIRLBUTKg'Li A!ffiU�
"s ;' � • NAS'TEWATER C'6ELECI'ION TREATMENT AND- 1LE1AE ARE PRG=iEiT ?OIL N�TFR , .
s m . °.:� '' .z R.... ' �' t.. i ..,.'�.�'s'.'_:... ° 3��� �•HEd^.v, . zj'"�''H&; t .f!*,a 2� -."h. �,�i, £x �i;,1'yr.� �"d''xww?�.,z`"..r ...
s .s � }s r 1 - •{'�"2 A •)'r*��*syi `i �, b,�Y 3E'b'�*:tf ��,t{S^`�y+F'{' s .' $
� i. Q�! -� r 1,,, � .xo wi� lrb; �q'�.� -,tn ,x• � +."' re ttktt" yR" •}., ;� r'e�°F C 5„ � p
* iii$ 4 ySP� r T ° jI?gFT wnt 3«
• �:> •' i � � .�-• fi t:�� 7a
""""'_"� < " :• r`_. !- yc`.- .,y7..t.� »,ymT,�•, ,OF •x?- L�'.s." 3.�,,°� ti r`!'err.4'=- = _ �t�•
k } L` 111 y =
•.r a r v , eer
y Wa er En , , ..
�x<`�.'�.. °"
925 -
Col
entnor orado. 81611 (303) 1920
.a:%r• - :n..K » "f,.ahR-- 2Xdt'' "+4,F fi :;<'
2 V Av'e Aspen,
''`"C„ T' .#, ?. '� f I•'e aA P s,?1OA 5 '[tp' �`�.: iEi; ai'. - > R • RONALD C. McLALK:147N
sYi ,1:..• t .a --.f'' rl x
t , ° Ti E "a h .e . �` i Fit DOUGLAS T. SOVERN
T,crdk ` `x> C, x 1 WRLIAMC.TAGGART-
ROBERT L. CARLEY
RL �' •..y"¢�aa p i�rp 'ALL1AMR:1�+DA[1--._—.
MaV 20 lm-l"
xi E' _'i"'"'•�,� X t - CHARLES L. HARIIf
.: J f a '* k '.• -•.� s k'" t js RALPH L. TO4tEN
� )us. �•.N 'Y. 1 r
"" s r c k r pwv T. McWLE
GENE A. BURRELL
Y
,y,H egg, 4x f ♦. 4 r ,, .,> '� r MICKA& E. MERCER
Dean' Gordon �� zi t ,n c - )OHNM.M+�+
. t i ;_„K,"ve.y4F,�;,i; -a °� a.. i 1 s _ - MICHAEL R. GALL'7I
j,. Schmueser EkGordo
'n,4. •; s� tom' � r RONALD E. LEHMAN
`` 1512 G r and Av e, 5 $CQr` E. L IEBART
- -1 )�If•IETH D. nEBART
• MARY ANNE
BUSH
y Glenwood Springs
HAROLD ROBERTS
Sewer,Line IA «w.srEINMErER
RE: 1010 U t C Av a ri LEANDER L. uRMY
Dear Mr Gordon:
The following is a g.
of my comments that were made on your resubmittal
'Subdivision Sanitary Sewer Line. The comments. -are
of the ten ten Ute ur Technical .Specifications and on your corrected set
made on the submit,. accordin to Aspen Consolidated Sanitation District
of Drawings, and ar g"
ri a se of the marked -up drawings and specifications
Standards: You we y _ r
toda
at our meeting a`
y laced a minimum of 4- inches
ecitications- y ing Material is to be p
1. °Sp to
underneath the pip,' compacted in lifts (maximum of ,6-inches) to 95 %,
12 es
above th
the pipe. The Material is ' -to be roadbase or an
approved '
is to be SD R 35 for normal depth lines SD R 26
equal -,
for lines over 12 -f o. ` pth._ Class 150 or C -900 `water; pipe shall be used on
` •all potable' water ssings,(a minimum of 10 feet on eit her side 'of the `
r
crossing is required = kx E
y holes shall be Manufactured by Copeland Concrete or
an approved equal: use` of a 4 -foot diaeter, will "be allow
m ed. # 4 rebar r
shall be used_ in th`, place bases on 12 -inch centers each way.'
*' r
anho a points -are to. be 'sealed with Rub R Nek v
=. ermitted 4:
preformed gaskets pproved equal The use of grout will not be p
ue'to. the depth of the services the use of in line wyes
r �
will 'be required f ervice taps. M`
All couplings shall be ASTM C 425, watertight and a
minimum of i2 -in a.- - at
g -or an approved equal
No Deflections will be' allowed in the pipe and the pipes
shall be laid with er. A .fuh "moon is required to be ,pres,ent during the line =,
lamp tesi. Provid ulations on pipe hne, deflections for the over - depth lines
A new manhole is' required at all 'connections to . a
existing main truf
Y.• ail -i. ^dr
:
"I A pipe ,point shall be placed with in 9-feet outside of all
manholes•>
r '��. }-'£ ,f,; ;fir � +: ; t .Lr„ z j' - 1 � t w5 `•x J '� E t � v ",.x � �. E ��s
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�N�r;t4'1.�F�TE1e
COMPLETE t1NCt♦EERLVG SERVICES t✓ WATER RIGHTS A. \'D RESOURCES WATER TREATMENT AND DISTRI917!0 IZ RMSURFACE DRAINAGE IRRIGATION fDUNTAAA STORM DRAINAGE AND fl.C1OD C'O\'IROI.".`,�'`.,
5 - WilY7ENIATER CT3liEiTR'NI TREATMFM AND NLl?SE FIRE PROTECTION W 1 BASED RECREATRNI SPECIALTY HYDRAWCS RATE STUDIES AW UTUJ_nE3 ECONOM+ V '
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t
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of buildings or ponds .near the easements should be restricted''
„-
<-�. -
The Inspection for the installation of the lines will be done by McLaughlin Water . 1.
Engineers, --Ltd. .throu`gh the ACSD and paid for by .the developer, who will . 11
reimburse the District:" -, . i - . " 1. & 4 r - ,
r k : .: w t i
Please iefer to . 'the ' drawings and specifications for . additional comments and
details~ 'on _ the above commentsF� :If "you "have questions on the comments or
- _
require more information please feel free to contact me i y,i
i . _
• -> �. -i - - ,>r 3
F
very Truly Yours, r _
w
McLaughlin Water Engineers, Ltd:
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Housing authority
city of aspen /pitkin county
530 e. main street, third floor
aspen, colorado 816 1 1
(303) 925 -661 2
May 28, 1987
Skip Berhrhorst
1010 Ute Corporation
710 East Durant 2nd floor
.,Aspen, Colorado 81611
r
RE: 1010 Ute Avenue - Cash -in -lieu provision
Dear Mr. Berhrhorst:
This letter is written in response to your recent telephone
conversation with Ann Bowman of the Housing Office to reaffirm
the agreement made in January of this year to discount the cash -
in -lieu payment for the employee generation for 1010 Ute Avenue
Project.
You made a request in January 1987, to the (Housing Authority
Board to discount the cash -in -lieu payment if the payment was
made by November 1, 1987 or at time of recording of the final
plat whichever was later. The Board approved your request
January 14, 1987, and agreed to discount the payment from
$460,000.00 to $261,016.00. This payment would equal 23 of the
26 employees generated by the project. The remaining 3 employees
will be housed in a one bedroom low income unit to be constructed
prior to issuance of a certificate of occupancy on the 16 free
market units.
The computation for the discount was calculated on $460,000.00
being paid in 5 years at 12% per annum. The discount rate is
consisted with the City Land Use Code provision established by
the Housing Authority this year.
You indicated in the telephone conversation with Ann Bowman that
you would be paying the $261,016.00 by late, June 1987 and prior
to recording the final plat on the 1010 Ute,.Ave'nue Project. This
is in compliance with the Housing Authority's policies and this
letter is written to reaffirm the position of the Housing
Authority Board acting as the City Council's designee.
If you require further confirmation or have questions please feel
free to contact the housing office.
Sincerely,
Harry Truscott
Housing Authority Chairman
SCHMUESER GORDON MEY16 INC.
1512 Grand Avenue Suite 212
GLENWOOD SPRINGS, COLORADO 81601
(303) 945 -1004
To Planning Department
City of Aspen
130 South Galena
Aspen, CO 81611
METTIE18 @F IMAMS McTcTAIL
_ WE ARE SENDING YOU Attached El Under separate cover via
the following items:
❑ Shop drawings" ❑ Prints ❑ Plans ❑ Samples Specifications
❑ Copy of letter ❑ Change order ❑
COPIES
DATE
NO.
DESCRIPTION
1
Construction specifications
THESE ARE TRANSMITTED as checked below:
❑ For approval ❑ Approved as submitted ❑ Resubmit copies for approval
�3 For your use ❑ Approved as noted ❑ Submit copies for distribution
❑ As requested ❑ Returned for corrections ❑ Return corrected. prints
❑ For review and comment ❑
❑ FOR BIDS DUE 19 ❑ PRINTS RETURNED AFTER LOAN TO US
REMARKS As per Jay Hammon d's concurrence, we will forward one copy of specifications each
to the Sanitation Department, Water Department and to Jays' office.
COPY TO Skip Behrhorst
w/ encl -. SIGNED: Dean W. Gordon
PRODUCT 2443 es Ina, Own, Mm 0147. If enclosures are not as noted, kindly notify us at once.
r
CASELOAD SUMMARY SHEET o2- %3'7 -0, IV
City of Aspen a- %3�- oo- 073
273-7- /F� -b ?- OO.S
DATE RECEIVED: PARCEL ID AND CAS Np
DATE COMPLETE: y9 Cg617
STAFF MEMBER: C="'
PROJECT NAME : /0/0 LLTQ /`t 1/ en U F y U bd 1 V
Project Address: /o /o mil Ale • AS,o ern,
APPLICANT: /C /O G(- �
Applicant Address:
REPRESENTATIVE: 1`1Cf4
Representative Address /Phone:
r
SST, (/ /G�- /'"✓"esicfP�i f
. CO 8/6 /a
.emu•• �..w .�
TYPE OF APPLICATION:
sc�hc�l yis /ate l°C� `ir1a l _T la
PAID: (YES) NO AMOUNT: 4-Fao • On
1 STEP APPLICATION:
P &Z MEETING DATE:
DATE REFERRED:
2 STEP APPLICATION:
C MEETING DATE:
DATE REFERRED: �u
REFERRALS:
-City Attorney
'-'-City Engineer
Housing Dir.
Aspen Water
-City Electric
Envir. Hlth.
Aspen Consol.
S.D.
PUBLIC HEARING: YES NO
INITIALS:
PUBLIC HEARING: YES
- /,I a
INITIALS )U_,,-_
Mtn_ Bell
School District
Parks Dept.
Rocky Mtn Nat Gas
Holy Cross
State Hwy Dept(GW)
Fire Marshall
State Hwy Dept(GJ)
Fire Chief
Bldg:Zon /Inspect
Roaring Fork
Roaring Fork
.Transit
Energy Center
Other
FINAL ROUTING: DATE ROUTED: INITIAL:
City Atty City Engineer Bldg. Dept.
Other:
FILE STATUS AND LOCATION:
ASN /PITRIN PLANNING OFFICE
130 S. Galena Street
Aspen, CO 81611
(303) 925, -2020
Dear
This is to inform you that the Planning Office has completed its
preliminary review of ,the,, captioned application. We have determined
that your application IS; NOT complete.
Additional it,,ems required include:
Disclosure of Ownership (one copy only needed)
Adjacent Property Owners List /Envelopes /Postage (one copy)
Additional copies of entire application
Authorization by owner for representative to submit applica-
tion
Response to list of items (attached /below) demonstrating
compliance with the applicable policies and regulations of the
Code,
or other
specific materials
A check
in the
amount of $
✓ A.. Yodr
application coppl1ete and
we have scheduled
it for
review by the
+is
, - t (,," ( /ii /% f cf
on <. Jet • � -
We will
call
you if we
need any additional
information prior
to that
date.
Several
days prior to your
hearing, we will call and
make
available
a copy of the memorandum.. Please note
that it
IS NOT your
responsibility to
post your property
with a
sign,
which we
can provide you for a
$3.00 fee..
B.. Your application is incomplete, we have not scheduled it
review at this time.. When we receive the materials we have
requested, we will place you on the next available agenda.
If you have any questions, please calls �( %. -!
the planner assigned to your case.
Sincerely,
i
ASPEN /PITRIN PLANNING OFFICE
0
MEMORANDUM
TO: City Attorney
City Engineer
FROM: Glenn Horn, Planning Office
RE: 1010 Ute Avenue Subdivision /PUD Final Plat
DATE: May 22, 1987
Attached for your review and comments is an application submitted
by Gideon Kaufman on behalf of his client, Skip Behrhorst
requesting subdivision /PUD and final plat. Please review this
material and send your comments to this office no later than May
29, 1987 in order for this office to have adequate time to
prepare for its presentation before City Council.
Thank you.
'James I M011h I Associates, Inc.
Reel Estate Appraisers and Consultants Crystal Palace Building - 300 East Hyman Avenue - Aspen, Colorado 81611 - 303/925.8987
May 5, 1987
Mr. Skip Behrhorst
1010 Ute Corporation
710 East Durant, 2nd Floor
Aspen, CO 81611
RE: Consultation for Park Dedication Fees, Hoag Subdivision Lot 1, Aspen, CO
Dear Skip:
This brief letter is in response to your request for consultation regarding
park dedication fees for the 1010 Ute project and their relationship to the
value of Hoag Subdivision Lot 1, which will be donated in lieu of those fees.
As we have advised you, we do not feel a formal appraisal is necessary for this
analysis. Rather, we feel some general consultation regarding property values
are in order given the large disparity between the value of th Hoag Subdivision
lot and the probable total amount of park dedication fees. The reader should
be aware that this letter does not constitute a formal appraisal. Rather, it
should be considered a consultation based on our ekperience in the market and
our preliminary knowledge of Hoag Subdivision Lot 1. If, at a future date, you
should require a formal appraisal, we can complete it from information
contained in our files.
Although we have . not walked the boundaries of Hoag Subdivision Lot. 1, we know
its location, topography, and approximately size at 1.58 acres. The property
is zoning . category permitting one single family residence per 15,000 square
feet of land area. We have not examined the covenants of Hoag Subdivision.
There is sufficient size for either a single family home or duplex on the
property. The possibility of a lot split exists if it is permitted under
subdivision covenants. We understand there there was slide from the hillside
approximately 20 years ago that may affect the location of a building or any
multi -lot development potential. We. have assumed the site could be approved
with at least one single, family residence.
There are no recent sales in Hoag Subdivision, although we note that Lot 5, a
16,000 square foot lot, is currently listed for $249,500. The most recent sale
in the immediate area is Aspen Chance Subdivision Lot 1, which sold in March,
1986 for $275,000. This .36 -aae site is located in a small, prestigious
"mini- neighborhood" west of the subject but on Ute Avenue in the same general
area. The lot was purchased for FAR to be added to a home on Lot 6 in the same
subdivision.
We understand that the maximum probable park dedication fees for the 1010 Ute
Subdivision will be approximately $70,000. From the above data and recent
Scott M. Bowie, M.A.I.
Randy Gold, M.A.I.
James J. Mollica, M.A.I.
sales of land in Aspen's Vest End, we feel the subject's value as a single
family building site should be at least twice this amount.
I hereby certify that I have no present or future contemplated interest in the
subject property; that to the best of my knowledge the information contained
herein is true and accurate; that my , fee is not contingent upon the valuation
stated herein.
If we can be of any further assistance in this matter, please do not hesitate
to call.
Sincerely,
Scott M. Bowie, M.A.I.
Appraiser-Consultant
James J. Molllca � Aswldlek If.
Real Estate Appraisers and Consultants
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""" " "...•r.,,- ...,�,•,,,,,.- .�..�� Alpine Surveys
Poet Office Box 1730
kpen, Colw..,io y1bi1
303 925 21,ttti
PROCESSIONAL AFFILIATIONS:
•
QUALIFICATIONS OF APPRAISER
Scott M. Bowie, . M.A.I.
American Institute of Real Estate Appraisers, M.A.I. #6848
lnstructor. University of Colorado Continuing Education Division
Licensed Real Estate Broker in the State of Colorado
Member of the Upper Colorado Board of Realtors
Member of the National Board of Realtors
EDUCATION:
Harvard University. BA, 1971. Phi Beta Kappa. Magna Cum Laude
University of Colorado Continuing Education Division: Real Estate Law;
Real Estate Finance
American Institute of Real Estate Appraisers: Course 1 -A. Principals;
Course 2. Urban Properties; Course VIII. Residential; Course 1 -B,
Capitalization Techniques; Course VI. Evaluation Procedures
BACKGROUND AND EXPERIENCE:
Appraiser- Consultant. James J. Mollica & Associates. Inc., 8 /76- present
Colorado Real Estate Broker: 1974 - present
Condominium Property Management: Durant Condominiums. Aspen. CO-1971 -1976
Designated M.A.I.: March, 1984
MAJOR CLIENTS SERVED:
Aspen Skiing Co.
Aspen Savings & Loan Ute City Mortgage
Bank of Aspen
City of Aspen
County of Pitkin
First National Bank in Aspen
First Western Mortgage Empire Savings
TYPES OF PROPERTY APPRAISED:
Commercial. Office & Retail
Lodges - Hotels
Residential
Special Purpose Buildings
Ranches -Farms
Apartments
Subdivisions- Vacant Land
Industrial
Condominiums
PURPOSES OF APPRAISALS:
Acquisition
Insurance
Mortgage
Condemnation
Estate Planning
Tax Planning
STATEMENT OF CERTIFICATION:
.be American Institute of Real
Estate Appraisers
conducts a voluntary program
of... continuing education for its
designated members.
MAI's and RM's who meet
the minimum standards of this
program are awarded
periodic education
certification. I am certified
under this program
through September 15, 1987.
James I Mollica & Asu����s
Heal Estate Appraisers and Consultants
't 4 rrF , pfiPFw. a ''fit Y"«, Kr vC t��
kv McLaughhr
Ventnor
ff
7j j
a+ ;i
la
925 -1920
tONALD C McLAUGHLIN
HALFORD E. ERICKSON
DOUGLAS T. SOVERN
WILLIAM C. TAGGART,
ROBERT L.CARLEY,•'
WILLIAM .KF -
a a CHARLES L HARDT
M a�/ '
HARClf
8? Y K
'i „q s a '. ,!"'t L- vl t .-1`- .�1e i J'r •y,fY} ,kti � M J ,j9 -;5 •a. RALPH L TORDV
y.ty'.a Z &w'+ -qtr- w f" x iy
y
i A, z t . t • i .,.: IOIIN T. McLANE
GENE A. BURRELL :
MICHAEL E. MERCER
$chmueser Gordon .Meyer, Inc Y IoIINM.eFLAUta
�� MICHAEL R. GALUZL
-,tt'Y� aJj�9`z ht 'F S"�. t .'.. t ° RONALD E. DVORAK
-..� Dean Gordon xy..j�.'l'^' .,�, 4, ,:s - RON
. SCOTT E. LEHMAN
1512 Grand 'A'venue Suite 212 KENNETH D. ZIEBAitT
.7 MARY ANNE BUSH
Glenwood_ Springs ' Co 81601 HAROLD ROBERTS
-'JACK W. STEINMEYER
LEANDER.L. URMY
RE 1010 Ute .Avenue Subdivision; Sanitary Sewer Line Review by the Aspen
Consolidated Sanitation District.
Dear Mr. Gordon:
Mclaughlin Water Engineers ."Ltd. is the District Engineer for the Aspen
Consolidated Sanitation District. We have been asked by the Board to review
your plans 'for 'the proposed Sanitary Sewer line and Service to the 1010 'Ute
Avenue Subdivision The., plans have been reviewed and comments have been
made, following` standard ACSD Rules and . Regulations, Specifications and
Procedures. Comments By Tom Bracewell with 'the ACSD. and myself are
"summarized as follows, and are also marked on the full -size plans enclosed on =
page : 5 'of. 13.-,..-. The,- •proposed . alignment and design are not acceptable to the
district as submitted
1. The line must be designed and constructed according to .ACSD Standards
And Specifications i
2. Existing Design, shows the' line being. placed underneath -a proposed pond.
This is not an acceptable location for the line. The line 'must be re- routed
around and away from the pond.
3. Existing lines are located within. property, or inside lot. boundaries. This j
situation, should , be avoided, due to easement, landscaping, 'building: and_ access +
_. _
restrictions. The lines should be kept: near lot boundaries ,and -in roadways h
where possible. Is it g possible to re -route the tie-in to the main ACSD line by
keeping the line in the subdivision access road? ,`.
y Y
t i3 t '
4. Ti&-in to the main ACSD line normally Tequ`ires placing a new manhole at
the tie -in location
5. Provide Specifications and Details for installation of the line and manholes:
6 The depth of the manholes in the subdivision are 12 -18 feet deep, and the h
grade of the pipe is at the minimum allowed by '�the district Why so deepY ' A
District line gat that depth,` requires that a C -900 or equal class of pipe be 'used
Shallower depth. manholes and greater slope on lines are both r_ecommended.' r
7 Coordinate tie-i
n elevations to the` existing`'system with ACSD Asbuilt `'
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SCHMUESER
May 21, 1987
MEYER INC. /
McLaughlin water Engineers
210A Ventnor Avenue
Aspen, CO 81611
RE: Ten Ten Ute Subdivision
Sanitary Sewer Line
Gentlemen:
40512 Grand Avenue, Suite 212
GIenwood Springs, Colorado 81601
' (303) 945 -1004
Ir
/ CONSULTING ENGINEERS & SURVEYORS
Mr. Heiko Kuhn
Mr. Tom Bracewell
Aspen Consolidated
Sanitation District
565 North Mill Street
Aspen, CO 81611
In order to avoid a repeat of your delayed response time to our Pre-
liminary Plat submittal in March, I am forwarding directly to each of
you the Final Plat submittal for the above referenced subdivision. You
will get a duplicate of this material directly from the Planning
Office, also. The Owner and I would also like to meet with you the
week of May 25th to review this Final Plat submittal. This Final Plat
submittal will be on the City Council agenda meeting for June 8th; as
with the Preliminary Plat submittal, the whole design process for this
site is significantly affected by each agency review and we would like
to avoid any after the fact review comments again.
I will-use the letter dated May 5, 1987, as a basis for transmittal:
1) With respect to ACSD Standards and Specifications, somehow I
missed out on the logic of requiring us to produce Plans and
Specifications according to your standards, and then having Dean
tell me that they were not available to us for use. Please find
attached a set of Specifications which include Standard Details
for your consideration. Hopefully, my Specifications will be
sufficiently close to the District's standards so that they are
acceptable for use.
2) With respect to the sewer line proposed under the pond, we have
shifted the alignment to circumvent the pond as shown. The
Owner, however, is still very interested in pursuing the possi-
bility of running the line underneath the pond and would like to
reserve the right to discuss that situation with staff and the
Board at a later point in time. The two alternatives which we
discussed in addition to the one shown, was .a lift station and a
sewer line following the roadway alignment with a bury depth of
as much as thirty feet, both of which we agreed were not
desirable.
3) With respect to the other sewer line quesitons,' in order to
service the property by gravity, it is necessary for us to tie
into the sewer line at the lowest possible location, which is
adjacent to The Gant complex. Please note that Manhole 2 is at
the end of a paved driveway.
May 2.1, 1987
McLaughlin Water Engineers
Mr. Heiko Kuhn
Mr. Tom Bracewell
Page two
4) With respect to the tie -in to the existing line, we will be in-
stalling a new manhole as shown.
5) Please see the comments in Number 1 above.
6) With respect to the grade of the sewer line, we have reviewed
with you the grades and depths as shown; they are necessary to
provide gravity service to all units. We agreed that the 12
foot to 18 foot depths were superior to installing a lift
station or lift stations on site. Dean indicated that, if we
utilize the District's standards, the C- 900.pipe would not be
required. The standards relate to proper trench installation
techniques.
7) With respect to the existing ACSD as- builts, perhaps at our
meeting, we can examine those drawings and coordinate the eleva-
tions of the drawings.
Thank you in advance for your prompt consideration of this submittal.
I trust that we have adequately addressed your concerns listed in your
May 5th letter, and that these responses are consistent with meetings
held with each of you separately. I will call you after you have re-
ceived this transmittal to set.up a joint meeting.
Respectfully submitted,
SCHMUESER CORDON MEYER, INC.
1
Dean W. cordon, P.E.
Owner's Representative
DWG:lec /6148
xc: -Mr. Skip Behrhorst, 1010 Ute Corporation
- Gideon Kaufman, Esquire
-Mr. Dick Fallin, Sutherland, Fallin, Inc.
-Mr. Glenn Horn, Aspen Planning Department
t
s
-
PROTECTIVE COVENANTS
FOR TEN TEN UTE SUBDIVISION
PITKIN COUNTY, COLORADO
ARTICLE I
Purpose of Covenants -- General Requirements
These covenants shall govern and be applicable to that
certain real property situated in Pitkin County, Colorado, known
as Ten Ten Ute Subdivision, as defined and described in the plat
therefor recorded in Plat Book at Page of the records of
the Clerk and Recorder of Pitkin County, Colorado. It is the
intention of 1010 UTE CORPORATION, a Colorado corporation
(hereinafter referred to as "Declarant "), expressed by its
execution of this instrument, that the lands within Ten Ten Ute
Subdivision be developed and maintained as a highly desirable
scenic and exclusive residential area. It is the purpose of
these covenants that the present beauty and views and setting
within Ten Ten Ute Subdivision shall always be protected as much
as possible in connection with the uses and structures permitted
by this instrument. These covenants shall be a burden on and run
with all the lands within Ten Ten Ute Subdivision.
ARTICLE II
Area Designations
1. Ten Ten Ute Subdivision The words "Ten Ten Ute
Subdivision" as used in these covenants shall mean all of the
lands included within the plat for Ten Ten Ute Subdivision,
referenced in Article I.
2. Residential Lots.
through 16 and 17 -R on the
Subdivision.
Those Lots designated as Lots 1
recorded plat of Ten Ten Ute
3. Ponds, Landscaping and Maintenance Easement Areas.
Those areas designated as "Ponds, Landscaping and Maintenance
Easement Areas" (hereinafter referred to as "PLM Easement Areas ")
on the recorded plat of Ten Ten Ute Subdivision. The areas
located in the cross - hatched area of the plat shall be held in
individual ownership by the respective Lot owner who shall grant
a ponds, landscaping and maintenance easement to the Ten Ten Ute
Homeowners' Association (referred to herein as the "Association ")
for which area will be maintained by the Association.
4. Improvement Envelope Landscaping and Maintenance
Easement Areas. Those areas designated as "Improvement Envelope
Landscaping and Maintenance Easement Areas" (hereinafter referred
to as "IELM Easement Areas ") on the recorded plat of Ten Ten Ute
Subdivision. The areas located in the white area of the plat
shall be held in individual ownership by the respective Lot owner
Protective Covenants /Ten Ten Detailed Submission 5/21/87
Page 1
•
•
who shall grant an Improvement Envelope Landscaping and
Maintenance Easement to the Association which area will be
maintained by the Association.
5. Improvement Envelopes. Those areas designated as
"Improvement Envelopes' on the recorded plat of Ten Ten Ute
Subdivision.
6. Private Road and Utility Easements. Those areas
designated as "Private Road and Utility Easements" on the
recorded plat which use shall be a road restricted to the private
use of the owners of the Lots and their guests to be known as Ute
Circle, and common utility easements for the subdivision.
7. Public Trail Easement. That area designated as "Public
Trail Easement" on the recorded plat which shall be conveyed to
the City of Aspen as a public trail easement.
8. Ute Avenue Right -of -Way. That area on the plat
dedicated to the City of Aspen for the expansion of Ute Avenue,
the Bike Trail and landscaping. The Association may maintain
landscaping in the Ute Avenue right -of -way adjacent to its
property.
9. Declarant.. The 1010 Ute Corporation, a Colorado
corporation, and its successors and assigns.
10. Association. The Ten Ten Ute Homeowners' Association,
a Colorado non - profit corporation, and its successors and
assigns, through which all owners act as a group under the
articles, bylaws, and this declaration.
11. Shared Driveways and Utility Easements. Those areas
where two (2) lots share a common driveway, for ingress and
egress, and common utilities easements as shown on the Final
Plat.
ARTICLE III
Membership in Ten Ten Ute Homeowners' Association
All persons, or associations or any other entities (other
than Ten Ten Ute Homeowners' Association) (hereinafter referred
to as "owners ") who own or acquire the title in fee to any of the
Lots in Ten Ten Ute Subdivision by whatever means acquired, shall
automatically become members of Ten Ten Ute Homeowners'
Association, a Colorado corporation not for profit (hereinafter
referred to as the "Association "), in accordance with the
Articles of Incorporation of Ten Ten Ute Homeowners' Association
which shall be filed with the Colorado Secretary of State and
recorded in the real estate records of Pitkin County, Colorado
Clerk and Recorder, and as the same may be duly amended from time
to time and also filed with the Colorado Secretary of State and
Protective Covenants /Ten Ten Detailed Submission 5/21/87
Page 2
recorded with the Pitkin County Clerk and Recorder. There shall
be one (1) vote per Lot in the Association.
ARTICLE IV
Architectural Committee
1. Architectural Committee. The Architectural Committee
shall be composed of three (3) natural persons appointed by the
Board of Directors of the Association. The persons serving on
the Architectural Committee shall serve at the pleasure of the
Board of Directors who may remove a member of the Architectural
Committee and appoint a new member at any time, provided there
shall at all times be three (3) persons serving on the Architec-
tural Committee. The members of the Architectural Committee may
also be directors of the Association and need not be owners. The
Architectural Committee shall have and exercise all the powers,
duties and responsibilities set out in this instrument.
2. Approval by Architectural Committee. No improvements
of any kind, including but not limited to dwelling units, ga-
rages, accessory buildings, swimming pools, tennis courts, ponds,
parking areas, fences, walls, driveways, antennae, curbs and
walks, shall be erected, altered or permitted to remain within
Ten Ten Ute Subdivision, nor shall any excavating, tree cutting,
and clearing or landscaping be done in conjunction therewith
within Ten Ten Ute Subdivision, unless the complete architectural
plans and specifications and a site plan showing the location and
orientation thereof for such erection or alteration and
landscaping are approved by the Architectural Committee prior to
the commencement of such work except as Declarant may be
specifically permitted to do by these Covenants.
At least three (3) complete sets of the architectural and
site development plans and specifications shall be submitted 'to
the Architectural Committee along with a complete list of all
exterior materials and colors to be used. All copies of the
complete plans and specifications shall be signed for
identification by the owner or his architect. The Architectural
Committee shall have the right to request whatever additional
specific information, plans, specifications, reports and the like
it deems necessary to evaluate the development proposal
throughout the approval and construction process. In addition,
the Architectural Committee may adopt rules and regulations which
shall specify what information, reports, plans, specifications
and the like are required to be submitted to the Architectural
Committee. In the event the Architectural Committee fails to
take any action within forty -five (45) days after three (3)
copies of the complete architectural and site development plans,
specifications, materials and colors have been submitted to it
and the submittal has been certified in writing by the
Architectural Committee as complete, then all of such submitted
architectural plans shall be deemed to be approved. This failure
to act cannot approve construction which conflicts with City of
Protective Covenants /Ten Ten Detailed Submission 5/21/87
Page 3
• 0
Aspen building regulations or restrictions placed on the
Subdivision by the Subdivision G.M.P. or P.U.D. process. The
Architectural Committee shall not unreasonably disapprove the
architectural plans. The majority vote of the members of the
Architectural Committee shall be required for approval of plans.
In the event the Architectural Committee shall disapprove any
architectural plans, the person or associations submitting such
architectural plans may appeal the matter at the next annual or
special meeting of the members of Ten Ten Ute Homeowners'
Association where a vote of sixty percent (60 %) of members votes
entitled to be cast at said members' meetings shall be required
to change the decision of the Architectural Committee.
3. Building Permit. An owner may apply for a building
permit from the the City of Aspen Building Department at any time
provided however the plans approved by the Building Department
shall not differ in any substantial way from the plans approved
by the Architectural Committee. If the plans approved by the
Building Department differ in any substantial way as determined
by the Architectural Committee from the plans-approved by the
Architectural Committee then all approvals of the Architectural
Committee shall be deemed automatically revoked.
4. Variances. The Architectural Committee may, by an
affirmative vote of a majority of the members of the Architec-
tural Committee, allow reasonable variances as to any of the
covenants and restrictions governing architectural control
contained in this instrument and /or policies or rules promulgated
by the Architectural Committee, on such terms and conditions as
it shall require. No variance shall be granted which contravenes
any provisions of these covenants required by any approvals
obtained by Declarant from the City of Aspen for Ten Ten Ute
Subdivision or which violate the City of Aspen Land Use and
Building Code. No variance shall be granted without written
notice of the request for such variance provided ten (10) days
prior to the hearing for said variance to all Lot owner(s).
Notice to Lot owner(s) shall be deemed complete when placed in
First Class Mail to the latest address for each Lot owner(s) as
provided to the Association.
5. General Requirements. The Architectural Committee
shall exercise its best judgment to see that all improvements,
construction, landscaping and alterations within Ten Ten Ute
Subdivision conform and harmonize with the surroundings and with
other structures as to design, materials, color, siting, height,
and all other design features. The Architectural Committee shall
protect the.seclusion and view of each Lot insofar as possible in
the development of Ten Ten Ute Subdivision pursuant to these
covenants and shall endeavor to protect and preserve the visual
character of the property and preserve and maintain the trees in
Ten Ten Ute Subdivision.
Protective Covenants /Ten Ten Detailed Submission 5/21/87
Page 4
In its review of any proposed development activity the
Architectural Committee shall evaluate, among other things, the
materials to be used on the outside of buildings or structures,
including exterior colors, harmony of architectural design with
other structures within Ten Ten Ute Subdivision, location with
respect to topography and finished grade elevations and harmony
of landscaping with the natural setting and native trees, and
other vegetation within Ten Ten Ute Subdivision.
6. Preliminary Approvals. Lot owners who anticipate
constructing improvements on lands within Ten Ten Ute
Subdivision, may submit preliminary sketches of such improvements
to the Architectural Committee for informal and preliminary
approval or disapproval. All preliminary sketches should be
submitted in at least three sets, and should contain sufficient
general information on those matters required to be in the
complete architectural and site development plans and specifica-
tions to allow the Architectural Committee to act intelligently
on giving an informed preliminary approval or disapproval. The
Architectural Committee shall never be finally committed or bound
by any preliminary or informal approval or disapproval until such
time as complete architectural and site development plans,
specifications, materials and colors are submitted and approved
or disapproved. The preliminary approval is offered as an
accommodation only, and the Architectural Committee may set fees
for this service.
7. Architectural and Site Development Plans. The Archi-
tectural Committee shall disapprove any architectural and site
development plans submitted to it which do not contain sufficient
information for it to exercise the judgment required of it by
these covenants.
8. Architectural Committee Not Liable. The Architectural
Committee shall not be liable for damages to any person or
association submitting any plans for approval, or to any owner or
owners of lands within Ten Ten Ute Subdivision, by reason of any
action, failure to act, approval, disapproval or failure to
approve or disapprove with regard to such plans. The Architec-
tural Committee shall have no liability or responsibility for any
representations made to any owner or prospective owner by any
third parties. The decisions of the Architectural Committee
shall be governed by these covenants and any rules or regulations
duly adopted by the Architectural. Committee pursuant to these
covenants.
9. Written Records. The Architectural Committee shall
keep and safeguard for at least three years complete permanent
written records of all approved applications including one set of
the finally approved architectural and site development plans
and of all actions of approval or disapproval and all other
formal actions taken by it under the provisions of this instru-
ment.
Protective Covenants /Ten Ten Detailed Submission 5/21/87
Page 5
0 •
10. Authority to Promulgate Rules and Regulations. The
Architectural Committee shall promulgate and adopt rules and
regulations necessary to implement these covenants. These rules
and regulations may include submission requirements concerning
the type of information, reports, plans and specifications and
the like which need to be submitted with any application, general
guidelines governing the development of the Lots and Pond Areas,
Landscaping and Maintenance Easement Areas, site specific
limitations or restrictions for each Lot, and payment of
reasonable fees for processing or reviewing the application.
These rules and regulations need not be uniform for each Lot and
shall take into account the unique character of each Lot and the
Improvement Envelope as described in Article V below. The
Architectural Committee may also adopt rules and regulations
governing any development on the Pond Areas, Landscaping and
Maintenance Easement Areas not inconsistent with the requirements
of these Covenants. By way of example and not by way of
limitation, rules and regulations adopted by the Architectural
Committee may address the following: application procedures,
application fees, materials, colors, signs, improvement
envelopes, height limitations, roofs, trees and landscaping,
irrigation systems, exterior lighting and sound, parking and
garages, walls, fences and any other concerns which may relate to
any development in Ten Ten Ute Subdivision, the preservation of
trees in Ten Ten Ute Subdivision, the preservation of the visual
character of Ten Ten Ute Subdivision in accordance with these
covenants. These rules and regulations shall be adopted by the
affirmative vote of a majority of the members of the
Architectural Committee with the written consent of Declarant as
long as Declarant is a Lot owner and may not be amended except by
the majority vote of the members of the Architectural Committee.
11. Architectural Committee Review. All construction by
Declarant outside of Improvement Envelopes shall not be subject
to Architectural Committee Review.
ARTICLE V
General Requirements and Restrictions
1. Improvement Envelopes.
a. Improvement Envelopes Uses and Restrictions. All
structures on Lots 1 through 17 -R, including but not limited to
dwelling units, accessory buildings and uses, and roof overhangs
shall be constructed only within the designated Improvement
Envelopes for each Lot as described on the recorded plat of Ten
Ten Ute Subdivision except as.may otherwise be provided by these
covenants. Accessory buildings and uses shall include but not be
limited to attached garages, swimming pools, parking areas,
landscape features, spas and other uses as determined by the
Architectural Committee. Encroachments may be allowed beyond the
Improvement Envelopes only in the following locations: The East
side of Lots 9, 10, 11, 12, 13, 14 and 15 and the Ute Cemetary
Protective Covenants /Ten Ten Detailed Submission 5/21/87
Page 6
• 0
side of Lots 2, 3, 4, 7, 15 and 16. These encroachments may
project beyond the Improvement Envelopes only in the following
manner: balcony and /or decks - extending a maximum of 18 inches;
retaining walls; grade level patios and terraces; landscaping and
privacy walls and spas may project to the lot lines. These
encroachments are permitted only if approved by the Architectural
Committee.
b. Improvement Envelope Landscaping and Maintenance
Easement Areas.
(1) Lands within the Improvement Envelope
Landscaping and Maintenance Easement Areas (referred to herein as
"IELM Easement Areas ") are described on the recorded plat of Ten
Ten Ute Subdivision. There is hereby created and conveyed to the
Association perpetual easements over and across the IELM Easement
Areas to enable the Association to maintain, replace and repair.
(2) Each individual Lot owner shall submit a
detailed landscape and irrigation plan for his Improvement
Envelope to the Architectural Committee, concurrent with house
plans. When the landscaping plan has been approved and
implemented and the irrigation system in the Improvement Envelope
installed according to approved plan and specifications, all at
the cost of the Lot owner, the Association shall maintain the
landscaping and irrigation system in the same manner as in the
PLM Easement Areas as described in Article V.2. Each Lot owner
shall be assessed for this service by the Association.
(3) The Association shall have the right to
delegate or assign the functions and responsibilities with
respect to the IELM Easement Areas to a manager of IELM Easement
Areas who will conduct the maintenance operations for the benefit
of the Association. The Association shall accept
responsibilities for the IELM Easement Areas and shall be
responsible for the maintenance operations. The Association
shall be responsible for maintaining, replacing and repairing in
the IELM Easement Areas irrigation lines and systems, landscape
planting, retaining walls, and underground power lines for
irrigation. The Association shall maintain insurance to protect
and indemnify Lot owners and Declarant for the IELM Easement
Areas.
(4) In the event the Association fails to fulfill
its functions and responsibilities as contained herein with
respect to the IELM Easement Areas for six (6) consecutive
months, then after at least thirty (30) days prior written notice
to the Association within which the Association does not
undertake to fulfill its responsibilities with respect to the
IELM Easement Areas, Declarant may elect at its discretion, and
its expense, to take over these functions and responsibilities.
In the event Declarant takes over these functions and
responsibilities, it shall assess the Association and the
individual Residential Lot owners for, and the Association and
the individual Residential Lot owners shall be liable to pay, all
reasonable costs and expenses incurred to fulfill the
Protective Covenants /Ten Ten Detailed Submission 5/21/87
Page 7
i
responsibilities with respect to the IELM Easement Areas,
including reasonable attorneys' fees and accounting fees.
2. Ponds, Landscaping and Maintenance Easement Areas.
Lands within the PLM Easement Areas as described on the recorded
plat of Ten Ten Ute Subdivision are held in individual ownership
by the respective Lot owners. There are hereby created and
conveyed to the Association perpetual easements over and across
the PLM Easement Areas which use shall include but not be limited
to ponds, water features, culverts, greenspace landscaping,
irrigation lines and systems, landscaping planting, common site
lighting, retaining walls, fencing, entry features, underground
power lines for irrigation and site lighting, signs, culvert,
ponds and pumps. The Association shall defend and indemnify
individual Lot owner(s) , and Declarant, from all costs, claims,
causes of action, suits, and legal fees arising out of the
Association's use of the PLM Easement Areas, Improvement
Envelopes, private driveways and walkways. The Association shall
maintain insurance to protect and indemnify Lot owner(s) and
Declarant for PLM Easement Areas.
a. Permitted Uses. Access to the lands within the
PLM Easement Areas shall be restricted to workers under the
auspices of the Association. No use of any kind of the ponds
shall be allowed by anyone other than these workers. Owners of
individual Lots can use the landscaping and maintenance areas on
their individual Lots for their own private passive uses;
provided, however, that the use does not conflict with or
obstruct the landscaping and maintenance of the area by the
Association. Permitted structures and improvements in the PLM
Easement Areas shall be limited to walkways and trails, ponds and
water features, fencing, signage, irrigation and landscaping
except as permitted in Article V.1. Improvements and uses by Lot
owners shall require review and approval by the Architectural
Committee under those procedures outlined in Article IV herein..
b. Ownership of Improvements in the PLM Easement
Areas. ownership of any improvements in the PLM Easement Areas
shall remain vested in Declarant until such time as the closing
of the sales and delivery of deeds,. to purchasers of twelve (12)
of the sixteen (16) Residential Lots. At such time, or earlier
if Declarant elects at its discretion, Declarant shall convey and
assign the improvements located on any of the PLM Easement Areas
to the Association and all rights and obligations associated
therewith and all facilities and uses constructed thereon, this
conveyance shall reserve to Declarant the perpetual right to
grant, locate and /or dedicate easements for installation,
construction, maintenance, repair and replacement of any
utilities and /or irrigation systems in and over the PLM Easement
Areas. Except as specifically provided herein Declarant may not
otherwise convey or assign the improvements located in the PLM
Easement Areas.
Protective Covenants /Ten Ten Detailed Submission 5/21/87
Page 8
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C. Rules and Regulations Governing PLM Easement
Areas. At such time as Declarant contracts for or creates any
improvements on the PLM Easement Areas, Declarant may promulgate
rules and regulations governing the use, if any, of these
facilities by owners of Lots in Ten Ten Ute Subdivision and
others.
There shall be no use of the ponds by individual Lot
owners or their guests. It is an aesthetic feature that will be
maintained by the Association.
d. Utilities. Utility lines and utility easements
shall be permitted in the easement area for irrigation lines and
system, common site lighting, undergrounding power lines for
irrigation and site lighting, and entry features.
e. Maintenance of PLM Easement Areas.
(1) The Association shall maintain the PLM
Easement Areas preserving the attractive nature of the vegetation
and maintaining the ponds, irrigation, landscaping and lighting.
The Association shall be entitled to assess the Lot owners on a
pro rata basis for insurance, maintenance costs, and legal fees
arising from the PLM Easement Areas pursuant to these covenants.
These assessments shall constitute a lien on a Residential Lot
until paid and shall have the same priority and be collected and
enforced in the same manner as provided for in Article X, below.
(2) The Association shall have the right to
delegate or assign the functions and responsibilities with
respect to the maintenance of the PLM Easement Areas to a manager
of the PLM Easement Areas who will conduct the maintenance
operations for the benefit of the Association. The Association
shall accept responsibilities for the PLM Easement Areas and
shall be responsible for the maintenance operations. Such
responsibility shall include operating, maintaining, replacing,
repairing and improving in the PLM Easement Areas, the irrigation
lines and system, landscaping planning, common site lighting,
retaining walls, fencing, entry features, underground power lines
for irrigation and site lighting, signs, culverts, ponds and
pumps.
(3) In the event the Association fails to fulfill
its functions and responsibilities as contained herein with
respect to the PLM Easement Areas for six (6) consecutive months,
then after at least thirty (30) days prior written notice to the
Association within which the Association does not undertake to
fulfill its responsibilities with respect to the PLM Easement
Areas, Declarant may elect at its discretion, and its expense, to
take over these functions and responsibilities. In the event
Declarant takes over these functions and responsibilities, it
shall assess the Association and the individual Lot owners for,
and the Association and the individual Lot owners shall be liable
to pay, all reasonable costs and expenses incurred to fulfill the
responsibilities with respect to the PLM Easement Areas,
including reasonable attorneys' fees and accounting fees.
Protective Covenants /Ten Ten Detailed Submission 5/21/87
Page 9
3. Irrigation. An irrigation system shall be constructed
in the PLM Easement Area by the Declarant. Individual Lot owners
will construct underground irrigation systems in the individual
Improvement Envelopes. This system shall contain separate zones.
The Association shall set the times of use for each zone. A
blanket easement over each Lot for access to this system is
hereby granted. Lot owners shall locate controls for the
irrigation system in their Improvement Envelopes at easy to
access exterior locations for the Association.
4. Employee Lot 17 -R. A three - bedroom, two -bath employee
unit shall be built on Lot 17 -R. This unit shall be restricted
per the rental guidelines and GMP commitments made by Declarant.
Ownership of this lot and the improvement constructed on the Lot
shall remain vested in Declarant until such time as the closing
of sales and delivery of deeds to purchasers of twelve (12) of
the sixteen (16) Lots. At such time or earlier, if Declarant
elects at its.discretion, Declarant shall convey and assign the
Lot and all improvements located on Lot 17 -R to the Association
and all rights and obligations association therewith. Declarant
shall maintain the right to designate the employees who shall
live in the unit, and Declarant shall maintain the right to use
the common facilities or den of the employee unit as long as
Declarant conducts his business relating to maintenance,
management, sales or rentals in the Subdivision.
In the event Declarant places a loan on the employee unit,
the Association will assume the loan at the time said unit is
transferred by the Declarant to the Association as long as this
assumption does not result in a negative cash flow. Negative
cash flow as used herein is defined as an excess of the
principal, interest, taxes and insurance payments for the loan
and for Lot 17 -R at the date of the assumption over and above the
maximum income rental payments permitted by housing guidelines
for the employee unit on a yearly basis. This Lot and employee
unit will be owned by the Association in fee ownership, and the
Association shall pay all cost associated with ownership and
maintenance.
5. Utilities. ,Declarant shall provide individual stubs
for water, sewer and irrigation to the edge of the road easement.
Lot owners shall pay water and sewer tap fees, as well as
connection fees for the construction of their homes as required
by utility agencies. Individual lot owners shall be responsible
for service line extension, construction and maintenance of such
utility service lines and individual metering necessary to
service any structure built on the lot. Utility construction
shall be revegetated by and at the expense of the owner or owners
causing the installation of utilities no later than the next
growing season following installation. All other utilities shall
be available to the edge of the road easement.
Declarant hereby reserves easements over the PLM Easement
Areas, in such locations determined by Declarant to be reasonably
Protective Covenants /Ten Ten Detailed Submission 5/21/87
Page 10
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necessary, to construct, install, repair and maintain and for
ingress and egress to and from utility facilities from any
utility lines located on the PLM Easement Areas.
6. No Further Subdivision. No Lot described on the
recorded plat of Ten Ten Ute Subdivision shall ever be further
subdivided into smaller Lots or conveyed or encumbered in any
less than the full dimensions as shown on the recorded plat of
Ten Ten Ute Subdivision; provided however, conveyances or
dedications of easements for utilities may be made for less than
all of one Lot. Notwithstanding the foregoing, a Lot line
adjustment between two Lots in Ten Ten Ute Subdivision shall be
deemed a permitted subdivision, subject however, to any reviews
or approvals that may be required by the City of Aspen Land Use
Code.
7. Domestic Animals. Domestic animals shall be permitted
subject to any rules and regulations which may be promulgated by
the Board of Directors; provided, however, that no more than one
dog per owner shall ever be permitted, and no tenants may have
dogs. At no time shall dogs be permitted to run free nor shall
outside dog runs be allowed. There shall there be no farm
animals permitted in the Subdivision.
8. Underground Utility Lines. With respect to the new
construction or the extension of any utilities, all water, sewer,
gas, electrical, telephone, cable T.V. and other utility pipes or
lines within the limits of Ten Ten Ute Subdivision shall be
buried underground and not be carried on overhead poles or above
the surface of the ground. Any areas of natural vegetation or
terrain in Ten Ten Ute Subdivision disturbed by the burying of
utility lines shall be revegetated by and at the expense of the
owner or owners causing the installation of the utilities no
later than the next growing season following installation.
9. Service Yards and Trash. Equipment, service yards or
storage piles on any Lots may be permitted during construction if
they receive Architectural Committee review approval. All
rubbish and trash shall be removed from all Lots in Ten Ten Ute
Subdivision and shall not be allowed to accumulate and shall not
be burned thereon.
10. No Mining, Drilling or Quarrying. Mining, quarrying,
tunnelling, excavating or drilling for any other substances
within the earth, including oil, gas, minerals, gravel, sand,
rock and earth, shall not be permitted within the limits of Ten
Ten Ute Subdivision. Individual wells shall not be permitted on
any Lot and no owner shall be permitted to drill for water on his
Lot.
11. Raw Water Agreement. All Owner and the Association
shall adhere to the requirements set forth in the Raw Water
Agreement with the City of Aspen recorded in Book at Page
in the official records of Pitkin County, Colorado.
Protective Covenants /Ten Ten Detailed Submission 5/21/87
Page 11
s •
12. Resolution of City Council -- P.U.D. and Subdivision
Improvements Agreement. All owners shall adhere to the
requirements set forth in the P.U.D. and Subdivision Improvements
Agreement between Declarant and the City Council of Aspen,
Colorado, recorded in Book at Page and Book at
Page respectively, of the official records of Pitkin
County, Colorado, and any duly enacted amendments thereto which
may be made.
ARTICLE VI
Restrictions on Lots
1. Number and Location of Buildings. No buildings or uses
shall be placed, erected, altered or permitted to remain on any
Lots except as approved by the Architectural Committee.
2. Completion of Construction. Any construction activity
on any Lot in Ten Ten Ute Subdivision shall be completed, fully
cleaned up, and landscaped within eighteen (18) months from its
commencement or shall obtain a variance from the Architectural
Committee to allow for a longer period of construction upon proof
of due diligence.
3. Fireplaces / Woodburning Stoves. All Residential Units
in Ten Ten Ute Subdivision shall comply with the fireplace regu-
lations of the City of Aspen. All woodburning stoves in Ten Ten
Ute Subdivision shall be certified as approved by the
Environmental Health Department of the City of Aspen.
4. Driveways. Driveway design, location, surfacing
material and construction methods shall be approved by the
Architectural Committee. The design and construction of driveways
shall comply with the City of Aspen Road Standards and
Specifications governing driveways.
5. Building Height Restrictions. No roof shall exceed
twelve feet (12') above the center line of the existing ridge
starting at the south property line of Lot 15, and extending
northerly throught Lot 14, 15 and a portion of Lot 13, determined
by an overall distance of one hundred eighty feet (180') from the
south line of Lot 15. The height limit will not exceed twelve
feet (12') above the ridge center line starting at an elevation
of 8020.5 at the south line of Lot 15 to elevation 7990 on Lot
13. The building to be constructed on Lot 17 -R shall be limited
to one - story. Except as noted above, all other structures on the
individual lots of the subdivision shall comply with the building
height provisions for R -15 zoning of the City of Aspen Land Use
Code.
6. Soils Testing. Site specific soils testing for design
and engineering of driveways and structures shall be done for all
Lots in the Subdivision.
Protective Covenants /Ten Ten Detailed Submission 5/21/87
Page 12
7. Metal Roofs. No metal roofs shall be permitted in the
subdivision.
8. Satellite Dishes. No satellite dishes shall be
permitted in the Subdivision.
9. F.A.R. Restrictions. No lot in the subdivision other
than Lot 17 -R shall have a house of less than 3,000 square feet.
The maximum FAR for each lot shall be set in the deed of
conveyance from the Declarant to the Lot owner. Provided,
however, in no event shall the FAR for the Subdivision (all
seventeen (17) lots) exceed 68,900 sq. ft. as currently defined
by City of Aspen Code on FAR calculation as of June 1, 1987.
10. Drainage Guidelines. Individual homesites shall handle
their on -site flows by drywells and /or retention ponds. No
developed flows of individual homesites shall be allowed to flow
into the Roaring Fork River, the Wheeler Ditch, or Ute Avenue.
11. Energy Conservation. All residential construction on
Residential Lots shall be designed to provide at least a twenty -
five percent (25 %) energy savings above the minimum requirement
of the City of Aspen "Energy Conservation and Thermal Insulation
Standard," Chapter 53, Uniform Building Code, adopted January 22,
1979. Individual building design will determine the most effi-
cient manner to comply with this performance standard. Each
owner of a Residential Lot shall provide an energy conservation
report to the City of Aspen Building Inspector as part of his
building permit application which gives proof of compliance with
this energy conservation standard.
12. Used or Temporary Structures. No used or previously
erected or termporary house structure, mobile home or trailer is
permitted in the Subdivision. This prohibition shall not apply
to construction trailers which shall be permitted for eighteen
(18) months or the issuance of a Certificate of Occupancy,
whichever first occurs.
13. Drainage Control. Each owner shall install culverts
where driveways cross road ditches, irrigation channels and other
drainage ways as required by the Architectural Committee. The
minimum size of any culvert and the construction methods utilized
in installing any culvert shall be approved by the Architectural
Committee.
14. Road Damage. Each owner is responsible for any damage
caused to private roads during the construction of improvements
upon his property by any vehicle belonging either to him or any
one using the roads of Ten Ten Ute Subdivision while engaged in
any activity benefiting the owner. Lugged vehicles are not
permitted on the roads within Ten Ten Ute Subdivision.
Furthermore, each Lot owner shall also be responsible for any
damage caused by utility cuts in roads, washouts and runoff
Protective Covenants /Ten Ten Detailed Submission 5/21/87
Page 13
•
damage caused by failure to i
timely manner as provided in
road damage may be required by
0
_nstall culverts properly and in a
paragraph 13 above. A deposit for
the Architectural Committee.
15. Enclosure of Unsightly Facilities and Equipment. All
unsightly structures, facilities, equipment and other items,
including but not limited to those specified below, shall be
enclosed within a solid, covered structure. Any motor home,
trailer, boat, truck, tractor, snow removal or garden equipment,
and any similar items shall be kept at all times, except when in
actual use, in an enclosed garage. Any refuse or trash
containers, utility meters or other facilities, service area, or
storage pile shall be enclosed within a structure or
appropriately screened from view by planting or fencing approved
by the Architectural Committee and adequate to conceal the same
from neighbors, streets and private roads. No lumber, metals,
bulk materials, scrap, refuse or trash shall be kept, stored or
allowed to accumulate on any Lot except building materials during
the course of construction and only for such reasonable periods
of time as is necessary prior to the collection of or disposal
thereof.
16. Noxious or Offensive Activity or Sounds. No noxious or
offensive activity or sounds shall be carried on upon any portion
of Ten Ten Ute Subdivision at any time nor shall anything be done
or permitted which may be or become a nuisance to other property
or to the owners thereof by sight or sound.
17. Firearms. The discharge or shooting of firearms is
prohibited in Ten Ten Ute Subdivision except as may be permitted
by rules and regulations promulgated by the Board of Directors of
the Association.
18. Assumption of Ground Water Risk. There is an
assumption of risk of potential ground water for Lots-1, 2, 5, 6
and 8 because of their proximity to the ponds. During
architectural review, Lot owners must submit plans to the
Architectural Committee demonstrating that they have incorporated
protection mechanisms against ground water from the ponds in
their house design. Approval of plans by the Architectural
Committee does not relieve the assumption of risk from these Lot
owners.
19. General Restriction. All Lots in the Subdivision shall
comply with restrictions contained in any other section of these
Protective Covenants.
ARTICLE VII
Easements Reserved
1. Easements Described on Plat. The lands within Ten Ten
Ute Subdivision are subject to any and all easements described on
the recorded plat of Ten Ten Ute Subdivision.
Protective Covenants /Ten Ten Detailed Submission 5/21/87
Page 14
2. Main Road and Utility Easements Reserved. There is
hereby created a thirty -five foot (351) wide road and utility
easement for the Subdivision's main road for the purpose of the
private use of the owner(s) of the Lots and their guests. There
is a blanket easement for operating, replacing, enlarging and
repairing electric, telephone, water, sewer, irrigation, gas,
cable television and similar lines, pipes, wires, ditches, and
conduits. Declarant reserves the right to locate these easements
or portions thereof across any portions of any of the Lots, the
PLM Easement Areas, or any other portions of Ten Ten Ute
Subdivision if such is deemed necessary for the most efficient
and expeditious running of the utilities, provided in no event
shall any such easement run through an Improvement Envelope or
across any area of a Lot wherein which an owner. has received
approval from the Architectural Committee to construct
improvements. With respect to the utilization of any easement on
any Lot reserved hereunder, the easement shall be deemed an
as -built easement at such time as any utilities are constructed
pursuant to these easements reserved.
Declarant hereby reserves an access and construction
easement over, on and across the PLM Easement Areas as required
for constructing, maintaining, operating, replacing and repairing
ponds, walkways, utilities, landscaping or other improvements.
4. Fence Licenses Within Easements. No fence or other
improvement shall ever be placed in any of the easements created
and reserved under any paragraph of this Article VII unless prior
written authorization therefor shall be obtained from the Archi-
tectural Committee. Any such authorization shall be deemed to be
a revocable license and the owner or owners of the Lot upon which
said fence is constructed shall promptly remove the same at their
expense upon request of the Architectural Committee. Damage to
any such fence occasioned by construction, maintenance and /or
repair of any service or system shall be repaired by the owner or
owners of the Lot at their sole expense.
5. Ownership of Easements. All easements and rights
created and reserved in this Article shall be and remain vested
in Declarant until such time as Declarant has executed and
delivered an instrument in writing transferring the same or a
part thereof to the utility company or other entity requiring the
easement or to the Association. Upon any such transfer,
Declarant shall be relieved from all continuing responsibilities
therefor.
Protective Covenants /Ten Ten Detailed Submission 5/21/87
Page 15
ARTICLE VIII
Private Access Easement,
Driveways and Emergency Access
1. Ownership of Private Access Easement. Declarant hereby
reserves to the Association a perpetual access easement over and
across the Private Access Easement. Declarant hereby reserves
perpetual right to use the Private Access Easement. Declarant
hereby reserves perpetual right to use the Private Access
Easement for access to and from the PLM Easement Areas and any
other lands or areas retained by the Declarant and for other
purposes reasonably necessary to pursue and implement any and all
rights retained by Declarant under these Covenants.
2. Maintenance of Driveways. All driveways accessing the
individual Lots constructed in Ten Ten Ute Subdivision shall be
constructed and maintained at the expense of the owner(s) whose
Lot(s) is being served by a particular driveway.
3. Shared Driveways. Where Lots share a driveway, the
first Lot to construct shall pay the cost of constructing the
driveway. The constructing Lot owner will be reimbursed by the
sharing adjacent property owner at the time that owner receives a
building permit for the construction of a house on his Lot. The
constructing Lot owner shall be entitled to reimbursement for a
normal driveway design utililizing specifications and standards
promulgated approved by the Architectural Review Committee.
Owners of Lots sharing driveways shall enter into a maintenance
and reimbursement agreement which will include late fees,
penalties, and reimbursement for damage to driveways during
construction. This agreement will be executed concurrent with
Lot purchases. The Association shall have the right to require
common maintenance and snow clearing agreements with the owner(s)
of Lots to maintain the total length of driveways servicing the
Lots.
4. Emergency Access Easement. A nonexclusive.easement for
ingress and egress is hereby granted to all police, sheriff, fire
protection, ambulance and other similar emergency agencies or
persons, now or hereafter servicing Ten Ten Ute Subdivision and
its residents, to enter upon the Main Road, Private Access
Easements and driveways located in Ten Ten Ute Subdivision and on
any property in Ten Ten Ute Subdivision in the lawful performance
of their duties.
Protective Covenants /Ten Ten Detailed Submission 5/21/87
Page 16
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ARTICLE IX
Employee Housing Commitment
The employee housing commitment will be satisfied by a
cash -in -lieu payment paid by Declarant. This will be prepaid by
Declarant and each purchaser of a Lot will be free of this
requirement. Declarant shall construct a three - bedroom, two -bath
employee unit. The three - bedroom unit shall be restricted to the
low- income rental or sales guideline and shall be at least 1,000
square feet. The unit shall be constructed and a Certificate of
Occupancy issued, prior to the issuance of a Certificate of
Occupancy for the first free - market residential unit of the
project to allow for concurrent construction of the units. The
rental or sales price guidelines for the unit shall be adjusted
to the low - income guidelines in effect at the time of issuance of
a Certificate of Occupany for the unit.
ARTICLE X
Collection of Assessments -- Enforcement
1. Assessments. All Lot owners (including Declarant)
shall be obligated to pay any assessments lawfully imposed by the
Board of Directors of the Association. To the extent the
Association is responsible therefor, assessments may be lawfully
imposed for any items of common expense which may include, among
other things: expenses for maintaining, improving, snowplowing
and snow removal in the Private Access Easements, including Ute
Circle; for snowplowing and snow removal for shared and private
driveways; expenses for managing, maintaining, repairing and
irrigating the PLM Easement Areas and IELM Easement Areas;
expenses for taxes attributable to improvements and underlying
land in PLM Easement Areas, IELM Easement Areas, and Lot 17 -R;
expenses for maintaining and improving the common utility line
system; expenses for contracting or maintaining a security system
for the residents of Ten Ten Ute Subdivision; fire protection
systems; expenses of the Architectural Committee; insurance,
accounting, legal functions of the Association; assessments for
purchase, operation and mainteance of a van or truck which will
provide a scheduled shuttle service for early morning and late
afternoon operations during the ski season for the purpose of
providing skier and shopping access to core areas of the town,
and, any other reasonable costs and expenses incurred by the
Association in pursuit of its purposes. The Board of Directors
may establish contingency and reserve funds for the maintenance
and improvement of Ute Circle and the PLM Easement Areas and IELM
Easement Areas and any other anticipated costs and expenses of
the Association to be incurred in pursuit of its purposes.
Contingency and reserve funds shall be in such an amount as the
Board of Directors may deem necessary and appropriate for the
aforesaid purposes, each owner, including each Lot owned by
Declarant, shall be required to pay his pro rata portion of these
funds. As used herein, an owner's pro rata portion of common
expense shall mean a fraction formed by the number of Lots
purchased and held by the Lot owner(s), including Declarant
Protective Covenants /Ten Ten Detailed Submission 5/21/87
Page 17
(numerator) , and the number of Lots in the Subdivision (16)
(denominator). The Board of Directors shall have the right
during any calendar year to levy and assess against all of the
owners a special assessment for such purpose or purposes, in
accordance with these covenants, or the articles or bylaws of the
Association, as may be necessary. Such special assessment shall
be paid for in equal portions by the owners obligated to pay such
assessments and shall be due and payable as determined by the
Board of Directors.
2. Lien for Non - Payment of Assessments or Fines. All sums
assessed by the Board of Directors including, without limitation,
the share of common expense assessments chargeable to any Lot
owner, any fines which may be levied on a Lot owner and unpaid
common utility fees and assessments charged to a Lot owner shall
constitute a lien against such Lot superior (prior) to all other
liens and encumbrances, excepting only:
a. tax and special assessment liens on the Lots in
favor of any governmental assessing unit, and,
b. all sums unpaid on a first mortgage of record,
including any unpaid obligatory sums as may be provided by
encumbrance.
If any assessment shall remain unpaid after twenty (20) days
after the due date thereof, such unpaid sums shall bear interest
from and after the due date thereof at the maximum rate of
interest permitted by law, or at such rate as is determined by
the Board of Directors, and the Board of Directors may impose a
late charge on such defaulting owner as may be established by the
Board. In addition the Board of Directors shall be entitled to
collect reasonable attorneys' fees incurred in connection with
any demands for payment and /or. collection of delinquent
assessments. To evidence such lien the Board of Directors shall
prepare a written notice setting forth the amount of such unpaid
indebtedness, the name of the owner of the Lot and its legal
description. Such a notice shall be signed by one of the Board
of Directors and shall be recorded in the office of the Clerk and
Recorder of the County of Pitkin, Colorado. Such lien may be
enforced by foreclosure of the defaulting owner's Lot by the
Association in like manner as a mortgage on real property, upon
the recording of a notice of claim thereof. In any such
foreclosure the owner shall be required to pay the costs and
expenses of such proceedings, the costs and expenses for filing
the notice or claim of lien and all reasonable attorneys' fees.
The owner shall also be required to pay to the Association any
additional assessments against the Lot during the period of
foreclosure, and the Association shall be entitled to the
appointment of a receiver to collect the same. The Board of
Directors, for the Association, shall have the power to bid on
the Lot at foreclosure sale and to acquire and hold, lease,
mortgage and convey same. The Association, at its election, and
in addition to any other remedies it may have at law or in
Protective Covenants /Ten Ten Detailed Submission 5/21/87
Page 18
• 0
equity, may also sue an owner personally to collect any monies
owed the Association.
C. Each owner hereby agrees that the Association's
lien on a Lot for assessments as hereinbefore described shall be
superior to the Homestead Exemption provided by Colo. Rev. Stat.
Ann. § 38 -41 -201, et seq. (1973, as amended) and each owner
hereby agrees that the acceptance of the deed or other instrument
of conveyance in regard to any Lot within Ten Ten Ute Subdivision
shall signify such grantee's waiver of the homestead right
granted in said section of the Colorado statutes.
d. Any recorded lien for non - payment of the common
expenses may be released by recording a release of lien executed
by a member of the Board of Directors.
3. Enforcement Actions. The Association, acting by and
through its Board of Directors, shall have the right to prosecute
any action to enforce the provisions of all of these covenants by
injunctive relief, on behalf of itself and all or part of the
owners of the lands within Ten Ten Ute Subdivision. In addition,
each owner of land within Ten Ten Ute Subdivision, including the
Association, shall have the right to prosecute any action for
injunctive relief and for damages by reason of any violation of
these covenants. Declarant independently, for so long as it
retains any of the rights granted, retained or reserved to it
hereunder, shall have the right to prosecute any action for
injunctive relief and for damages against any owner or the
Association by reason of any violation of these covenants. The
prevailing party in any enforcement action shall be entitled to
an award of its reasonable costs and attorney's fees.
4. Limitations on Actions. In the event any construction
or alteration or landscaping work is commenced upon any of the
lands in Ten Ten Ute Subdivision in violation of these covenants
and no action is commenced within one 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. This one year limitation shall not apply to
injunctive or equitable relief against other violations of these
covenants, nor shall it apply to the provisions of paragraph 4 of
Article VII.
5. Fines. In addition to the enforcement actions provided
for above, the Board of Directors shall have the right, after
affording notice and an opportunity to be heard to a Lot owner,
to fine, in a reasonable amount, the owner for any violations of
these covenants. The fine may be assessed as a lump sum or on a
per diem basis for the number of days that an owner is in vio-
lation of the covenants. Any such amounts that a Lot owner is
fined shall be deemed a lien against the Lot and may be collected
and foreclosed on in the same manner as is provided above for the
collection of common expense assessments. No owner shall convey
or mortgage his lot unless and until all sums due the
Protective Covenants /Ten Ten Detailed Submission 5/21/87
Page 19
Association, whether or not evidenced by recorded statement, are
currently paid, but no mortgage transaction shall be voidable by
the Association, nor shall the superior position of a first
mortagee be adversely by a lien of the Association. At least ten
(10) business days prior to any conveyance or mortgage, the owner
shall deliver written notice to the Association advising it of
the proposed transaction and the names and addresses of all
transferrees and mortgagees involved. If any assessment is due
and owing by the owner, his grantee or mortgagee shall apply the
proceeds of any such transaction to the payment of delinquent
amounts due the Association before paying or disbursing any
amounts to the owner. The grantee of a lot shall be jointly and
severally liable with his grantor for all unpaid assessments
against the latter up to the time of the grant or conveyance
without prejudice to the grantee's right to recover from the
grantor any amounts paid by the grantee therefor. Upon written
request and payment of such reasonable fees as may be set by the
Board, the Association shall issue a written statement to such
grantee or mortgagee verifying the status of all assessments or
charges affecting the lot. Any statement as to the existence or
amount of any delinquencies shall conclusively bind the
Association.
6. Cutting Off Service. The Board of Directors may adopt
rules and regulations which permit them to withhold services to
Association members who are delinquent in paying fines and or
assessments.
ARTICLE XI
TnGUrance
1. Types of Insurance. The Association shall obtain and
keep in full force and effect the following insurance coverages,
if appropriate:
a. Property and fire insurance with extended coverage
and standard all -risk endorsements, including vandalism and
malicious mischief,' on the Association property. The total
amount of insurance, after application of deductibles, shall be
one hundred percent (100 %) of the replacement value of the
insured property exclusive of land, foundations, and other items
normally excluded from property policies.
b. Public liability and property damage insurance,
including medical payments insurance, in an amount to be
determined by the Board covering all occurrences commonly insured
against for death, bodily injury and property damage arising out
of or in connection with, including but not limited to,
irrigation, water supply, landscaping maintenance and snow
removal, the ownership, operation, maintenance or other use of
Association Property, PLM Easement Areas, and the Private
Roadways. This policy shall also cover operation of automobiles
on behalf of the Association. The policy shall be in an amount
not lesst han $500,000.00 per injury, per person, per occurrence,
Protective Covenants /Ten Ten Detailed Submission 5/21/87
Page 20
� U
with an umbrella liability limit of at least $1,000,000.00 per
occurrence.
C. Public liability and property damage insurance,
including medical payments insurance, in an amount to be
determined by the Board covering all occurrences commonly insured
against for death, bodily injury and property damage arising out
of or in connection with, including but not limited to,
irrigation, water supply, landscaping maintenance and snow
removal, the operation and maintenance Association performs in
the IELM Easement Areas, private driveways and walkways.
d. Workmen's compensation and employer's liability
insurance in the amounts and in the forms required by law.
e. Fidelity coverage against the dishonesty of
employees, destruction or disappearance of money or securities,
and forgery. This policy shall also cover persons who serve the
Association without compensation.
f. Coverage of members of the Board and officers of
the Association against libel, slander, false arrest, invasion of
privacy and errors and omissions and other forms of liabiltiy
generally covered in officers and directors liability policies.
g. Coverage against such other risks of a similar or
dissimilar nature as the Board deems appropriate.
Such insurance shall be at standard premium rates as
established by the Colorado Insurance Commissioner and written
with companies licensed to do business in Colorado having a Best
insurance report rating of Class A +10 or better. No policy shall
be obtained where:
(1) contributions or assessments may be made against
the Mortgagor or Morgagee's designee under the terms of the
insurance company's charter, bylaws or policy;
(2) by the terms of the carrier's charter, bylaws or
policy, loss payments are contingent upon action by the company's
board of directors, policyholders or members; or
(3) the policy includes any limiting clauses (other
than insurance conditions) which could prevent mortgagees from
collecting insurance proceeds.
2. Named Insured and Interests. Policies of property
insurance shall name the Association as the insured and the
entity to which payment is to be made. The certificate or
memoranda of insurance, duplicate originals of all policies and
renewals, and proof of payment of premiums shall be issued to the
Association, and upon request, to any owner or mortgagee.
3. Invalidation or Reduction of Coverage. Insurance
policies carried pursuant to Section 6.1(a) must provide the
following:
Protective Covenants /Ten Ten Detailed Submission 5/21/87
Page 21
a. that the insurer waives its right to subrogation
under the policy against any owner, any lessee and their families;
b. that no act or omission by any occupant will void
the policy or be a condition to recovery under the policy, unless
that person is acting within the scope of his authority as an
officer of the Association or as a member of the Board; and
C. that if, at the time of a loss under the policy,
there is other insurance in the name of an owner or any lessee
covering the same property covered by the policy, the policy is
primary insurance not contributing to the owner's individual
insurance.
ARTICLE XI
General Provisions
1. Covenants to Run. All of the covenants contained in
this instrument shall be a burden on the title to all of the
lands in Ten Ten Ute Subdivision, and the benefits thereof shall
inure to the owners of the lands in Ten Ten Ute Subdivision and
the benefits and burdens of all said covenants shall run with the
title to all of the lands in Ten Ten Ute Subdivision.
2. Termination of Covenants. In the event these covenants
have not been sooner lawfully terminated pursuant to any applica-
ble laws of the State of Colorado and Pitkin County, Colorado,
and the provisions herein contained, these covenants may be
terminated on January 1 of the year 2036 by a vote of
seventy -five percent (75 %) of the votes entitled to be cast by
the members of the Association. If these covenants are not so
terminated then they shall continue to be in full force and
effect for successive twenty -five (25) year periods unless, at
the close of a twenty -five (25) year period, the covenants are
terminated by a vote of seventy -five percent (75 %) of the votes
entitled to be cast by the members of the Association at a
meeting of the members duly held. In the event of any such
termination by the members a properly certified copy of the
resolution of termination shall be placed on record in Pitkin
County, Colorado, not more than six (6) months after the meeting
at which such such vote is cast.
3. Amendment of Covenants. These covenants may be amended
by a vote of seventy -five (75 %) percent of the votes entitled to
be cast by the members of the Association, said vote to be cast
at a meeting of the members duly held, provided a properly
certified copy of the resolution of amendment be placed on record
in Pitkin County, Colorado, not more than six months after said
meeting. PROVIDED HOWEVER, no amendment shall be permitted which
(a) is inconsistent with any of the rights granted, retained or
reserved to Declarant hereunder or which attempts to enlarge or
expand any obligation of Declarant hereunder, unless such is
consented to in writing by Declarant, or (b) is consistent with
requirements imposed by City of Aspen in the approval process.
Protective Covenants /Ten Ten Detailed Submission 5/21/87
Page 22
4. Severability. Should any part or parts of these
covenants be declared invalid or unenforceable by any court of
competent jurisdiction, such decision shall not affect the
validity of the remaining covenants.
5. Paragraph Headings. The paragraph headings in this
instrument are for convenience only and shall not be construed to
be a part of the covenants contained herein.
6. Successors and Assigns of Declarant -- Release of
Rights. Any rights or responsibilities granted or retained by
Declarant under these covenants shall inure to and be binding on
any successors in interest or assigns of Declarant and any person
or entity which accedes to the rights and obligations of
Declarant with respect to the real property governed by these
covenants. Declarant at any time may give up and release any of
these rights by written notice to the Association and the
Association on its receipt of such notice shall thereupon be
responsible for any obligations associated with such rights
released by Declarant. A copy of such notice shall be recorded
in the official records of Pitkin County, Colorado.
7. Disclaimer. No representations or warranties of any
kind, express or implied, have been given or made by Declarant or
its agents or employees in connection with the property or. any
portion thereof, or any improvements thereon, physical condition,
zoning compliance with the applicable laws, fitness for intended
use or in connection with the subdivision, sale, operation,
maintenance, cost of maintenance, taxes or other regulations
hereof as a Planned Unit Development except as expressly set
forth in this declaration and the Subdivision Agreement and PUD
Agreement signed with the City of Aspen.
8. Limited Liability. The Association and the Board shall
not be liable to any party for any action or for any failure to
act with respect to any matter if the action taken,or failure to
act was in good faith and without malice. The owners severally
agree to indemnify the Association and the Board against loss
resulting from such action or failure to act if the Association
and the Board acted or failed to act in good faith and without
malice.
IN WITNESS WHEREOF, these Protective Covenants of the
Ten Ten Ute Subdivision have been executed as of the day and year
first above written.
DECLARANT:
ATTEST: 1010 UTE CORPORATION, a
Colorado corporation
By By
Assistant Secretary David G. Behrhorst, Vice - President
(NOTARY ACKNOWLEDGMENT ON FOLLOWING PAGE)
Protective Covenants /Ten Ten Detailed Submission 5/21/87
Page 23
STATE OF COLORADO )
ss.
COUNTY OF PITKIN )
Acknowledged, subscribed and sworn to before me this
day of , 1987, as Assistant
Secretary and DAVID G. BEHRHORST as Vice - President of 1010 UTE
CORPORATION, a Colorado corporation.
Witness my hand and official seal.
My commission expires:
Notary Public
Protective Covenants /Ten Ten Detailed Submission 5/21/87
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