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HomeMy WebLinkAboutordinance.council.006-01 ORDINANCE NO. 6 (SE~ES OF 2001) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN APPROVING THE CONSOLIDATED CONECEPUTAL & FINAL PLANNED UNIT DEVELOPMENT AND SPECIALLY PLANNED AREA FOR ISELIN PARK AND APPROVING AN EXEMPTION FROM THE SCORING AND COMPETITION PROCEDURES OF THE GROWTH MANAGEMENT QUOTA SYSTEM FOR AN ESSENTIAL PUBLIC FACILITY, CITY OF ASPEN, PITKIN COUNTY, COLORADO. Parcel No. 2735-142-00-851 WHEREAS, the Community Development Department received an application from the City of Aspen, owner and applicant, prepared by Otak Rock Creek Studio, dated December 4, 2000, and plans dated November 15, 2000, for a Consolidated Conceptual & Final Planned Unit Development (PUD) approval for a +/- 80,000 sq. ft. recreational structure including swimming pools, ice rink, youth center, accessory sport shop, snack bar/restaurant, and other appurtenant uses; recreational fields and a 120 car parking lot and; for a Specially Planned Area (SPA) approval for a deed restricted affordable housing unit; and for exemption to the Growth Management Quota System (GMQS) as an essential public facility, for a property located on the west side of Maroon Creek Road within the City of Aspen; and, WHEREAS, the subject property is approximately 19.35 acres in size, and is located in the Park Zone District; and, WHEREAS, the subject property is designated as "Aspen City Park" on the Future Land Use Map of the 2000 Aspen Area Community Plan, identifying the land as appropriate for community and recreation uses; and WHEREAS, pursuant to Section 26.440 (SPA), Section 26.445 (PUD) and Section 26.470.070 (GMQS) the City Council may approve a Specially Planned Area, Planned Unit Development and Exemption to the Growth Management Quota System during a duly noticed public hearing after considering a recommendation from the Planning and Zoning Commission made at a duly noticed public hearing, comments from the general public, a recommendation from the Community Development Director, and recommendations from relevant referral agencies; and, WHEREAS, pursuant to Section 26.425.040 the Planning and Zoning Commission through Resolution No. 5, Series of 2001 approved of a Conditional Use allowing for a recreation structure, accessory sport shop and snack bar/restaurant during a duly noticed public hearing after considering a recommendation from the Community Development Deputy Director, comments from the general public, and recommendations from relevant referral agencies: and I IIIIll Illil IIIIII Illlll Illll IIIII IIIII III Illll Illl IIII 456436 07/12/2001 02:04P ORDINGINC DRVI6 S*rLV! I of* 8 R 40.00 D 0,00 N 0.00 PZTK'rN COUNTY CO Iselin PUD/SPA/GM{~S Ord. No.6, 2001 - 1 - WHEREAS~ the Aspen/Pitkin County Housing Authority recommended approval finding that the affordable housing mitigation requirements were met; and WHEREAS, the Community Development Deputy Director recommended approval of the Planned Unit Development, Specially Planned Area for an affordable housing unit in the Park Zone District and for an Exemption to the GMQS as an essential public facility; and, WHEREAS, pursuant to Section 26~470.070(J), the City Council may approve a GMQS Exemption for Essential Public Facilities after considering a recommendation from the Growth Management Commission at a public hearing. Such GMC hearing was conducted on February 20, 2001, continued to February 27, 2001 with a GMC recommendation to approve the exemption as contained within GMC Resolution No. 01, Series of 2001; and, VOtEREAS, during a duly noticed public hearing on September 6, 2000, the Aspen/Pitldn County Housing Board and staff recommended approval to Council of the GMQS Exemption for Iselin Park as an essential public facility and affordable housing and recommended employee mitigation for 19.3 FTE's for the project with one on-site unit satisfying 2.25 FTEs with all other mitigation provided through the purchase of units at the Truscott PUD and through utilizing credits at the Water Place Housing Project; and, WItEREAS, the Aspen Planning and Zoning Commission conducted a duly noticed public hearing on January 2, 2001, on January 30, 2001 and then on February 6, 2001, where the Planning and Zoning Commission opened a public hearing, took testimony and closed the public hearing; and, WHEREAS, the Aspen Planning and Zoning Commission found that the development proposal meets or exceeds all applicable development standards of the PUD and SPA provisions of the Land Use Code and that the approval of the development, with conditions, is consistent with the goals and elements of the Aspen Area Community Plan and recommended approval to the City Council through Resolution No. 5, Series of 2001 and forwarded a recommendation through Resolution No. 7, Series of 2001 regarding roof height specifically; and, WI-IEREAS, the City Council has reviewed and considered the development proposal under the applicable provisions of the Municipal Code as identified herein, has reviewed and considered the recommendation of the Planning and Zoning Commission and Commun/ty Development Deputy Director, the Housing Authority Board, the Growth Management Commission, the applicable referral agencies, and has taken and considered public comment at a public hear'rog on February 26, 2001; and, WHEREAS, the City Council finds that this Ordinance furthers and is necessary for the promotion of public health, safety, and welfare. I IIIIll Illll IIIIII IIIIII IIIII IIIII IIIII Ill Illll Illl Illl '456436 07/12/2001 02:04P ORD'rNRNC DI~v'rs S'rL.V! 2 0¢ 8 R 40.0;) D 0,00 N 0.00 P];TK'rN COUNTY CO Isclin PUD/SPA~GMQS Ord. No.6, 2001 - 2 -~ NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO as follows: Section 1 Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the Iselin Park project as put forth in the Iselin Park Consolidated Conceptual/Final PUD/SPA application dated December 4, 2000, and associated plan set dated November 15, 2000, as amended through the conditions contained herein, is hereby granted approvals for Consolidated Conceptual & Final Planned Unit Development, Specially Planned Area and Exemptions from the Growth Management Quota System as an Essential Public Facility, subject to the conditions of approval listed hereinafter. Section 2: Conditions of Approval: 1. A PUD Agreement shall be recorded within 180 days of the final approval by City Council and shall include the following: a. The information required to be included in a PUD Agreement, pursuant to Section 26.445.070(C). 2. A Final PUD Plan shall be recorded within 180 days of the final approval granted by City Council and shall include: a. A final plat meeting the requirements of the City Engineer and showing easements, encroachment agreements and licenses with reception numbers for physical improvements and parking spaces within City rights-of-way, and location of utility pedestals. b. The dimensional requirements for the PUD and SPA shall be noted as follows: Minimum Lot Size: 15 acres Minimum Lot Area per dwelling unit: 15 acres Minimum Lot Width: 250 feet Minimum Front Yard: 30 feet Minimum Side Yard: 25 feet Minimum Rear Yard: 500 feet Maximum Height: 60 feet Percent of Open Space: 50 percent External Floor Area Ratio: 0.25:1 Internal Floor Area Ratio: N/A Off Street Parking: Recreational Uses: 1 space per 1,000 sq. feet Off Street Parking: Residential Uses: 1 space per bedroom c. A drawing representing the project's architectural character. I llllll llill llllll llllll lllll lllll lllll III IIIII IIII IIII 456436 07/'12/2001 02:04P ORDZNANC DAVIS $ILV'i' IselinPUD/SPA/GMQSOrd. No.6,2001 -3- 3 oF 8 R 40.00 O 0.00 N 0.00 PITKIN COUNTY CO d. An illustrative site plan of the project showing the proposed improvements, landscaping, parking, trails and the dimensional requirements as approved. 3. That the Applicant prepares a parking mitigation plan for review and approval by the City's Parking Department for the construction period. 4. That the Events/Parking Coordinator of the Parks and Recreation Department notifies the City Parking Department prior to special events for increased patrolling of parking. 5. That the Applicant prepares an emergency access plan for review and approval by the Aspen Fire Marshal prior to the issuance of a building permit for the facility and. 6. That the Applicant prepares a special events seating plan which meets with the approval of the Aspen Fire Marshal and the Chief Building Official for compliance with escape route and Uniform Building Code occupancy provisions. Such seating plan shall be abided by for all major events and provided to facility operations staff, event organizers and promoters. 7. That the Applicant files a final drainage plan that meets with the approval of the City Engineer prior to the issuance ufa building permit. The drainage plan, shall include an erosion control plan, prepared by a Colorado licensed Civil Engineer which maintains sediment and debris on-site during and after construction. Ifa ground recharge system is required, a soil percolation report will be required to correctly size the facility. A 2-year storm frequency should be used in designing any drainage improvements. 8. That the Parks and Recreation Department utilize best construction practices to ensure protection of the existing vegetation and other landscape features on the site. 9. That the Applicant implements a combination of incentives and disincentives to ensure that traffic will not significantly increase, and that traffic will be limited to parking available at the Iselin facility and parking areas noted within the application. 10. That the Applicant will implement the applicable and reasonable parking and transportation management strategies outlined in the Charlier Report dated February 6, 2001. I 1. That the Applicant submits an audit of employees of the facility to determine whether additional mitigation is necessary. Such audit shall be conducted two years after certificate of occupancy, the cost of which shall be borne by the applicant 12. That a formalized operational agreement regarding event scheduling and parking lot usage between the Aspen School District, City of Aspen Parks and Recreation Department, Aspen Valley Ski Club and the Aspen Ballet be provided prior to certificate of occupancy. 13. That the lap pool and pool areas meet the CHSSA regulations for competitive high school swinmaing meets. 14. That the housing mitigation calculation, as amended to reflect the project's revised square footage/employee generation and use of Truscott Affordable Housing units I IIllll Illll Illlll IIIIll Illll IIIII IIIII III Illll Illl IIII 456436 07/12/2001. 02:04P ORDINflNC DRVI$ SILVI IselinPUD/SPA/GMQS Ord. N0.6,2001 -4-,4 of 6 R 40.00 0 0,00 lq 0.00 PITKIN COUNTY C0 and Water Place credits, as prepared by the Housing Authority staff, be implemented for employee generation mitigation. 15. That City Staff evaluates, in conjunction with the new bus service provided through the Aspen Highlands Village PUD mitigation requirements, the effectiveness of a dedicated bus for Maroon Creek Road service. 16. That the Applicant provides a final detailed lighting plan for review and approval by the Community Development Director to ensure proper lighting levels and conformance with the technical components of the City's lighting code. 17. That the City's Transportation Manager reviews and approves the final PUD Plan to evaluate RFTA service to the site and the final site plan details to ensure efficient, safe and convenient service. 18. That some type of temporary Maroon Creek Road crossing improvement be provided, such as a raised and/or painted crossing walk and/or a temporary pedestrian-activated crossing light. Such crossing would be necessary if the pedestrian bridge is not constructed at the time of certificate of occupancy of the Iselin Park facility 19. That the Applicant provides for and schedules an on-site review by Community Development and Parks and Recreation Staff, including the City's landscape architects, to ensure that the Maroon Creek Road berm will serve the function of dissuading "shortcutting" by pedestrians from the school campus to the Iselin facility. The applicants shal~ notify the Community Development Director once the berm is in preliminary form (but prior to landscape installation). 20. The PUD Agreement and the Final PUD Plans shall be recorded with the Pitkin County Clerk and Recorder. 21. The building permit application shall include: a, A copy of the final Ordinance and recorded P&Z Resolution. b. The conditions of approval printed on the cover page of the building permit set. c. A completed tap permit for service with the Aspen Consolidated Sanitation District. d. A parking mitigation plan (approved by the Parking Dept.) and construction traffic management plan (approved by the Engineering Dept.)for activity during construction time. e. A tree removal permit as required by the City Parks Department and any approval from the Parks Department Director for off-site replacement or mitigation of removed trees. 22. The building permit plans shall demonstrate an adequate fire sprinkler system and alarm system for the recreational building in accordance with Aspen Fire District requirements. 23. The primary contractor shall submit a letter to the Community Development Director stating that the conditions of approval have been read and understood. I Illlll IIIII Illlll Illlll Illll IIIII IIIll III Illll Illl Illl 456436 07/12/200! 02:04P ORDINRNC IselinPUD/SPA/GMQSOrd. No.6,2001 -5- 5 ele 8 R 40.00 O 0.OO N 0.00 PITK!N COUNTY C0 24. All tap fees, impacts fees, and building permit fees shall be paid. If an alternative agreement to delay paymem of the Water Tap and/or Parks Impact fee is finalized, those fees shall be payable according to the agreement. 25. All construction vehicles, materials, and debris shall be maintained on-site and not within public rights-of-way unless specifically approved by the Director of Streets of the appropriate jurisdiction. 26. The applicant shall abide by all noise ordinances. Construction activity is limited to the hours between 7 a.m. and 7 p.m. 27. The applicant shall not track mud onto City or County streets during construction. A washed rock or other style mud rack must be installed during construction. 28. All uses and construction shall comply with the City of Aspen Water System Standards and with Title 25 and applicable portions of Title 8 (Water Conservation and Plumbing Advisory Code) of the Aspen Municipal Code as they pertain to utilities. 29. A fugitive dust control permit will be required during construction. 30. Slope stabilization, erosion control, and sediment control measures need to be implemented before, during, and after construction. 31. That City Staff shall work with CORE to enhance the overall energy efficiency of the building, particularly with regard to the use of solar power. To advance this objective, City Staff shall request REMP funds and evaluate the use of general funds where there would be a cost benefit to achieve greater energy efficiency over time. 32. That City Staff conduct a biennial parking review at years 2 (two) and 4 (four) following the issuance of a Certificate of Occupancy to evaluate the effectiveness of the parking plan and recommend modification if determined to be necessary. Section 3: This Ordinance acknowledges the representations made by the City of Aspen City Council to the Pitkin County Board of County Commissioners with regard to parking enforcement, Maroon Creek Road maintenance, and construction management through the inclusion of the following conditions. 1. Prior to issuance of a building permit the City shall submit a construction management plan to the County Engineer for review. 2. Prior to issuance of a building permit, the City shall agree in writing to the County that the following shall be accomplished: A. The City shall be responsible for all parking enforcement issues that are associated with the newly developed Iselin recreation facility as they relate to Maroon Creek Road. 1. The City shall contact MCDC within 60 days from the date of issuance of the building permit in order to determine if use of the I Illlll IIlll Illlll IIllll Illll Illll IIIII Ill Illll IIII Illl Iselin PUD/SPA/GMQS Ord. No.6, 2001 - 6 - 456436 07/12/2001 02:04P 0RDZNflNC DRVZS SZLV! 6 of' 8 R 40,00 D 0.00 N 0.00 PITKIN COUNTY CO Tiehack parking lot is feasible for nighttime use or if other alternatives must be explored. B. The City shall either reach an agreement with the County for the cost of maintaining Maroon Creek Road (between the roundabout and the southernmost boundary of the Iselin Park property) or annexing (between the roundabout and the southernmost boundary of the Iselin Park property) Maroon Creek Road based upon the following: 1. The County shall supply an engineering study confirming the integrity of the road. This study shall be conducted at a mutually agreed upon time between the City and the County engineering departments but in no case shall be later than August 15, 2001. Based upon the results of the study, the City and County shall further negotiate the annexation of the road or maintenance of the road. The County agrees to the resurfacing of Maroon Creek Road from Iselin to the Maroon Bells between June 1 and June 30, 2001. The City agrees to pay up to one third of the cost of resurfacing Maroon Creek Road between the roundabout and Iselin once a mutually acceptable schedule is determined. 2. The City shall not be responsible for maintaining or annexing Maroon Creek Road (between the roundabout and the southernmost boundary of the Iselin Park property) until such time buildings number 4, 5, 7, and 8 in the Aspen Highlands Village have CO's. This allows the City to realize new revenues that will allow for the assumption of added services. Section 4: All material representations and commitments made by the applicant pursuant to the development proposal approvals as herein awarded, in public hearing or documentation presented before the Housing Authority Board, Growth Management Commission, or City Council are hereby incorporated in such plan development approvals and the same shall be complied with as if fully set forth herein, unless amended by an authorized entity. Section 5: This Ordinance shall not effect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 6: If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion I IIIIII IIIII IIIIII Illlll IIIll IIIll IIIll III IIIII IIII Illl 456436 07/1.2/2001 02:04P ORDZNRNC DRVIS SZLV! IselinPUD/SPA/GMQS Ord. No.6,2001 -7- 7 of 8 R 40.00 D 0.00 N 0.00 PITKIN COUNTY C0 shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council of the City of Aspen on this 12th day of February, 2001. ~( ; ' t~. ~h' City Clerk Raeh E. Richards, Mayor .~,~[ ~ ~ Rach~ E. Richard /Iayor ~i~'dopted, passed and approved this 27th day of February, 2001. " ' Clerk I IIIIII IIIII IIIIII IIIIII IIIII IIIII IIIII III IIIII IIII IIII City Attorney 456436 07/12/2001 02:04P ORDINRNC DRVIS s~rcv! 8 of 8 R 40.00 D 0.00 N 0.00 P!TK!N COUNTY CO C:home:j oyce:IselinCCOrd2nd Iselin PUD/SPA/GMQS Ord. No.6, 2001 - 8 - PUD AGREEMENT BY TIlE CITY OF ASPEN FOR ISELIN PARK This PUD AGREEMENT is hereby entered into by the City of Aspen for the Iselin Park development as approved by the City Council by Ordinance No. 6, Series of 2001. The City of Aspen hereby agrees to abide by all the terms and conditions of approval as set forth in Ordinance No. 6, Series of 2001, approving the consolidated Conceptual and Final Planned Unit Developmem and Specially Planned Area for Iselin Park. In that the City of Aspen is the owner of the subject property, it hereby agrees to comply with Section 26.445.070(C) of the Aspen Municipal Code; specifically, the requirements for financial guarantees for landscape m~d public facility improvements required by Ordinance No. 6, Series of 2001. IN WITNESS WHEREOF, the City of Aspen, by its Mayor, hereto agrees to the foregoing. The City of Aspen, Colorado, a municipal corporation Attested By: ~ Approved as to Form: John P. W~or~ester City Attorney JPW-07/06/2001 -G:\jolm\word\agfllselin-PUD-Agr.doc I Illlll Illll Illlll Illlll Illll IIII IIIIll Ill Illll IIII Illl 456435 07/1.2/2001 02:03P PUD RGRE DAVIS $'rLv*r 1 o~' I R 5,00 D 0.00 N 0.00 PITKIN COUNTY CO PUBLIC INGRESS, EGRESS EASEMENT (City as Grantee) This PUBLIC INGRESS, EGRESS EASEMENT is made and entered into this I~4~ day of ..~xt-¥ 2001, by and between Thomas A. Moore (hereinafter referred to as "Grantor") and the City of Aspen, Colorado, a home rule municipality (hereinafter referred to as "Grantee"). WITNESSETH WHEREAS, Grantor desires to grant to Grantee a certain easement for the purposes and uses set forth below, over and across real property located in the County of Pitkin, State of Colorado, more particularly described in Exhibit A, attached hereto and made a part hereof by this reference, (hereinafter referred to as the "Easement"); and WHEREAS, Grantee desires to accept said Easement upon the terms and conditions set forth below; NOW, THEREFORE, for and in consideration of the stun of Ten Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Grantor hereby grants and conveys to Grantee, its successors and assigns, for the benefit of the general public, an ingress, egress easement over and across the area described in the easement depicted in Exhibit "A" appended hereto and by this reference incorporated herein; subject to the terms and conditions set forth below. 1. Term. The easemem shall remain in effect in perpetuity from the date hereof, unless sooner terminated as provided herein. 2. Purposes and Uses. The easement shall be for public ingress and egress to the Iselin and rotary Park property as depicted and described in the location and manner set forth in Exhibit "A" hereto. To this end the grant and conveyance includes the rights and privileges necessary or incident to the reasonable and proper use as described above of the easement in and to, upon, over, under and across the Grantor's property. 3. No Easement for Access. Nothing herein shall be construed to grant an easement across other property of the undersigned in order for individuals to gain access to the trail easement. The City shall provide and maintain reasonable access and trailhead points in order to minimize opportunities for entering or leaving the easement. 4. Indemnification. It is the intention of the parties to make the land for which ingress and egress is sought available to the public for recreational purposes without charge, I Illlll IIIll Illlll Illlll IIIII IIIll IIIll III IIIll IIII IIII 456438 07/12/200! 02:07P ERSEIIENT DlqVlS StLVl I of' 5 R 25.00 D 0.00 N 0.00 PITK'rN COUNTY CO and to limit the parties' liability to persons entering thereon for such purposes. In the event that either or both of the parties might otherwise be liable under applicable state statutes, Grantee hereby agrees, to the extent permitted by law, to indenmify and hold Grantor harmless from and against claims or awards for loss, damage or any liability including reasonable attorney's fees and costs, which may result from Grantee's acts or omissions covering and including, but not by way of limitation, installation, excavation, fill, construction, maintenance, repair, replacement, public use or location of the trail or attendant facilities, as subsequently determined by a court of competent jurisdiction. Nothing herein shall constitute a waiver of Grantee's rights as provided in Section 24-10-101, e_t se__q., C.R.S. 5. Easement subject to Prior Agreements. The rights and privileges granted by this easement are subject to prior agreements, easements, and conveyances recorded, or unrecorded. Grantor represents that it has no knowledge of any recorded or unrecorded agreements, easements or conveyances with respect to such property that would preclude Grantee from using the property for a trail as contemplated herein. 6. Reasonable Care. Grantee agrees to use reasonable care in construction of improvements within the area of the easement, and agrees to avoid damage to the surrounding land and improvements thereto, and further agrees to restore such land and improvements to their condition immediately prior to any construction, improvements or repairs to the trail. I IIIIII IIIII IIIIII IIIIII IIIII IIIII IIIII III IIIII IIII IIII 456438 07/12/2001 02:07P ERSEHENT D;IVI$ 6ILV! 2 of' 5 R 25.0;} D 0.00 N 0.00 PZTKZN COUNTY CO IN WITNESS WHEREOF, the parties have executed the foregoing on the day and year above first given. GRANTOR: GRANTEE: STATE OF COLORADO ) ) ss. COUNTY OF PITKIN ) SubScribed and sworn to before me by~-~t~Ogl~ A. (~q[ ~/~o]~tln ]]- ~¢J~s IZ~day of ~1~[~/ ,2001. Wimess my hand a~d-official seal. ! My com~ssion expires: tm~/ tS, 2W¢/ JPW-07/10/2001-G:\jotm\word\agrWloore-access-ease.do¢ I IIIIII IIIII IIIIII IIIIII IIIII IIIII IIIII III IIIII fill IIII 456438 07/12/2001 02:07P EASEHENT DflVlS SILVI 3 o¢ 5 R 25.00 D 0,00 N 0.00 PITKIN COUNTY CO .Y~tVd GNF a .gO l O(IVHOTOD ~IO ff, L¥.l.g 'i~DI$IcI ~0 ~OO '~aasv ~o ~ID '~'E q19 ~ EO SB~ gg 2D~ 'H~0g 0I a~S~O$ '~I ~ II B~O~O2S &O NOI$~Od V ~ G~V~IS ~ ~0 ~O~d V [ xsaaaoaa aaoo~ O0 A£NOOO NINIZd 00'0 N 00'0 n 00'GZ ~ G jo ~ llll ml lllll III lllll lllll lllll llllll Ell lllll llllll [ 'SS33 ~0 ~0~ '13~ ~V~OS ~O'g~ 9NINIV~NO3 IN~3SV3 ars '0 I ~0 ' · N NNI~__ 30 SRIQV~ V ~NIAVH LHOla 3H~ OL ~RO &N3ONVI--NON V ~0 SV ~3~003~ Ai~3dO~d QIVS ~0 ~3N~O0 1SV3, 3~ 9N[38 OS~V INlOd QIVS ONINNIO38 JO INlOd ~ ~6'9~ ~ .~,LO.L~ N 30N3HI '.SNINdOH/QN3 IS3~ ONV SNI~OH/~9 JO SNOI~O3S~31NI 133a1S 3~ IV SZN3~flNO~ ~O~INO0 SdO - N3dSV JO ~110 866~ 3H1 N33~38 3 .~O.~L~Z S JO ONI~V38 V ~1 3AI~V~3~ 0NI38 NI3~3H Q3NIVINO0 SONI~V38 ~V ~ '~ NOt~03S QIVS JO ~3N~O0 ~S 3HL 1~ 9NION3~O0 SI ~N~ NVIOI~3~ ~VdlONl~d ~OS 3~ JO IS3~ ~8 3ONV~ 'H~flOS OL dIHSN~01 '[L NOI~03S 30 NOE~Od V NJ ONI3E OS~V IN3~3S~3 QIVS 'SQ~O03~ AINflO0 Ni~ld 3~ NOl1~Od V NO 031VflLIS 1N3~3SV~ SS3~93 'SS3~ONI O[~8fld ~ NOIId~OS3Q ~N3~3SV3 SS3~03 'SS3~ONI PEDESTRIAN TRAIL EASEMENT (City as Grantee) This TRAIL EASEMENT is made and entered into this [Z~rt-3 day of -3clc¢( 2001, by and between Thomas A. Moore (hereinafter referred to as "Grantor") and the City of Aspen, Colorado, a home role municipality (hereinafter referred to as "Grantee"). WITNESSETH WHEREAS, Grantor desires to grant to Grantee a certain easement for the purposes and uses set forth below, over and across real property located in the County of Pitkin, State of Colorado, more particularly described in Exhibit A, attached hereto and made a part hereof by this reference, (hereinafter referred to as the "Easement"); and WHEREAS, Grantee desires to accept said Easement upon the terms and conditions set forth below; NOW, THEREFORE, for and in consideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Grantor hereby grants and conveys to Grantee, its successors and assigns, for the benefit of the general public, a trail easement over and across the area described in the easement depicted in Exhibit "A" appended hereto and by this reference incorporated herein; subject to the terms and conditions set forth below. 1. Term. The easement shall remain in effect in perpetuity from the date hereof, unless sooner terminated as provided herein. 2. Purposes and Uses. The easement shall be for the installation, construction, operation, use, inspection, repair and maintenance of a trail suitable for bicyclists, pedestrians, cross country skiers, snowshoers, and for other similar recreational purposes, over and across Grantor's property in the location and manner set forth in Exhibit "A" hereto. To this end the grant and conveyance includes the rights and privileges necessary or incident to the reasonable and proper use as described above of the easement in and to, upon, over, under and across the Grantor's property. 3. No Easement for Access. Nothing herein shall be construed to grant an easement across other property of the undersigned in order for individuals to gain access to the trail easement. The City shall provide and maintain reasonable access and trailhead points in order to minimize opportunities for entering or leaving the easement. I IIIIII IIIII IIIIII IIIIII IIIII IIIII IIIII III IIIII IIII IIII 456437 07/12/200! 02:05P EGISE~tENT DI~V~S I 0¢ 5 R 25,00 D 0.00 N 0.00 PITK!N COUNTY CO 4. Indenmification. It is the intention of the parties to make the land available to the public for recreational purposes without charge, and to limit the parties' liability to persons entering thereon for such purposes. In the event that either or both of the parties might otherwise be liable under applicable state statutes, Grantee hereby agrees, to the extent permitted by law, to indemnify and hold Grantor harmless from and against claims or awards for loss. damage or any liability including reasonable attorney's fees and costs, which may result from Grantee's acts or onnssions covering and including, but not by way of limitation, installation, excavation, fill, construction, maintenance, repair, replacement, public use Or location of the trail or attendant facilities, as subsequently determined by a court of competent jurisdiction. Nothing herein shall constitute a waiver of Grantee's rights as provided in Section 24-10-101, ~ seq., C.R.S. 5. Easement subject to Prior Agreements. The rights and privileges granted by this easement are subject to prior agreements, easements, and conveyances recorded, or unrecorded. Grantor represents that it has no lcnowledge of any recorded or unrecorded agreements, easements or conveyances with respect to such property which would preclude Grantee from using the property for a trail as contemplated herein. 6. Reasonable Care. Grantee agrees to use reasonable care in construction of improvements within the area of the easement, and agrees to avoid damage to the surrounding land and improvements thereto, and further agrees to restore such land and improvements to their condition immediately prior to any construction, improvements or repairs to the trail. I IIIIII IIIII IIIIII IIIIII IIIII IIIII IIIII III IIIII fill IIII 456437 07/12/2001 02:05P EASEHENT DAVIS SILVI 2 of 5 R 25.00 D 0.00 N 0.00 PITKIN COUNTY CO IN WITNESS WHEREOF, the parties have executed the foregoing on the day and year above first given. GRANTOR: GRANTEE: STATE OF COLORADO ) ) ss. COUNTY OF PITKIN ) Subscribed and sworn to before me ],~44~ day of ~'~,cl ~ ,2001. Witness my han[l and official seal. My commission expires: ].~, ~Oc/ Address: /5 ~. ~-gZ/E.fl~, 2Z~, ~-~ JPW4Y7/10/2001 -G: \john\word\agr\Moore-ped-e ase.doc I IIIlll Illll Illlll Illlll Illll IIlll IIIII lit Illll lilt lilt 456437 07/1.2/2001 02:05P EASEMENT DAVIS SILVI 3 o¢ 5 R 25.00 D 0.00 N 0.00 PITKIN COUNTY CO PEDESTRIAN EASEMENT EXHIBIT IfAP: MOORE PROPERTY A PARCEL OF LAND SITUATED IN A PORTION OF SECTIONS 11 AND 14, T0~fNSHIP 10 SOUTH, I~NGE 85 ~EST OF THE 6th P.M. CITY OF ASPEN, COUNTY OF PITKIN, STATE OF COLORADO SHEET 1 OF 2 PEDESTRIAN EA SEMEN T \Xxx x"x ZITY EA SEMEN T OF o ISEL/N AND' ROTARY PARK EA SEMEN T SECTION 11 85 W OF 6th ',EBAR & CAP, IDLE (LS. #9018 ~ RECORD) PROJECT BENCHMARK E.~V; = 8044.11' CURVE TABLE [ LINE TABLE CURVE LENGTH RADIUS ~TANGENT CHORD SEARING DELTAt LINE LENGTH SEARING CP1 129.76' 700.00'! 65.06' 129.57' S60"21~58"E 10"37'1A" LP1 50,85' N~'5~';31"W ' 163.57' CP2 89.02' 68.57' 52,03' 82.90' S76'06'39"E 74"22'39" LP2 N55'41 '39"W CP3 104.45' 195.00' 53.51' 105.21' S54'16~,01"£ 50'41'24" LP5 326.24' N55'41 39"W CP4 152.25 180.28' 80,98' 147.75' S45'25'17"E 48'22'51" I IIIIII IIIII IIIIII IIIIII IIIII IIIII IIIII III IIIII IIII IIII NOTE: THE IMPROVEMENTS, SHOWN SOPRIS ENGINEERING - LLC HEREON, ARE PER THE fO FO CIVIL CONSULTANTS PROPOSED DES N R THE50g ~ STREET, SUITE AS NEW ICE RINK FACILITY. CARBONDAI~, COLORADO 81623 (970) 704-0311 2oo5~ PEDESTRIAN EASEMENT EXHIBIT MAP: MOORE PROPERTY A PARCEL OF LAND SITUATED IN A PORTION OF SECTIONS ii AND 14, TOWNSHIP 10 SOUTH, RANGE 85 ~2ST OF THE 6th P.M. CITY OF ASPEN, COUNTY OF PITI{IN, STATE OF COLORADO SHEET ~ OF ~ PEDESTRIAN EASEMENT DESCRIP"~ON A PEDESTRIAN EASEMENT SITUATED ON A PORTION OF THAT PROPERTY RECORDED AS RECEPTIOIN NO. 388528 OF THE PiTKIN COUNTY RECORDS. SAID EASEMENT ALSO BEING SITUATED IN A PORTION OF SECTION 11, TOWNSHIP 10 SOUTH, RANGE 85 WEST OF THE SOUTH PRINCIPAL MERIDIAN AND IS MORE PARTICULARLY DESCRIBED AS ~'OLLOWS: COMMENCING AT THE S1,4 CORNER OF SAID SECTION 11. WITH ALL BEARINGS CONTAINED HEREIN BEING RELATIVE TO A BEARING OF S 74-'14-'02" E BE~EN THE 1998 CITY OF ASPEN - GPS CONTROL MONUMENTS AT THE STREET INTERSECTIONS OF 6TH/HOPKINS AND WEST END/HOPKINS; THENCE N 21'01'24-" W 246.95. TO THE SOUTH EAST CORNER OF SAID PROPERTY RECORDED AS RECEPTION NO, 388528; THENCE THE FOLLOWING FOUR (4) COURSES ALONG THE BOUNDARY OF SAID PROPERTY. 1. N 88'57'51" W 50.85 FEET 2. 129.76 FEET ALONG A NON-TANGENT CURVE TO THE RIGHT HAVING A RADIUS OF 700.00 FEET AND A CENTRAL ANGLE OF 10°37'14'~ ~CHORD iN 60°21'58" W 129.57 FEET) 3. N 55°41'39" W 163.37 FEET. THE POINT OF BEGINNING 4-. N 55'41'39" W 526.24 FEET THENCE LEAVING SAID BOUNDARY 89.02 FEET ALONG THE ARC OF .~ NON TANGENT CURVE TO THE RIGHT HAVING A RADIUS OF 68.57 FEET AND A CENTRAL ANGLE OF 74.'22'39" (CHORD S 76'06'39" E 82.90 FEET); THENCE 104.45 FEET ALONG THE ARC OF A REVERSE CURVE TO THE LEFT HAVING ,~ RADIUS OF 195.00 FEET AND A CENTRAL ANGLE OF 30'41'24-" (CHORD S 54-'16'01" E 103.21 FEET); THENCE 152.23 FEET ALONG THE ARC OF A REVERSE CURVE TO THE RIGHT HAVING A RADIUS OF 180.28 FEET AND A CENTRAL ANGLE OF 48'22'51" (CHORD S 45"25'17" E 14.7.75 FEET); TO THE POINT OF BEGINNING. SAID EASEMENT CONTAINING 7.771 SQUARE FEET. MORE OR LESS. I IIIIII IIIll Illlll IIIIII IIIII IIIII IIIII III IIIII IIII IIII 456437 07112/2001 02:05P ERSE~ENT DR¥IS SIL¥! 5 of 5 R 25.00 D 0,00 N 0.00 PZTK?N COUNTY CO SOPRIS ENGINEERING LLC CML CONSULTANTS 502 MAIN STREET. SUITE AS CARBONDALE, COLORADO 8162S (970) 704~0311 20059.01 06/29/0~ 059PLAT. DWG further agrees to restore at its sole cost the former condition of usefulness and appearance of the Easement Property which may be disturbed or interfered with by the construction, maintenance, operation or repair of the pipeline and its attendant facilities. 3. Grantee shall not place, keep, store or otherwise permit any equipment or materials on the Easement Premises except during such times as Grantee's employees or agents are physically present and conducting activities permitted under this Easement. 4. It is expressly understood and agreed that the grant of easement as herein provided and Grantee's use of the Easement Premises shall at all times be subordinate to the Grantor's use of the Property and should any relocation or removal of the pipeline or its attendant facilities be necessitated in Grantor's discretion at any time in the future as a result of Grantor's use of the Property, then such removal or relocation shall be solely at Grantee's expense and shall be done as nearly as practicable in accordance with Grantor's request. In such event, Grantor will provide additional easements over and/or under the Property to Grantee where practicable. 5. This Easement is not intended and shall not be construed to grant an easement or access across, over or under any property or premises other than the Easement Premises as described and depicted herein. 6. This Easement shall continue only so long as Grantee shall use the Easement Premises for the purposes described and it shall immediately lapse and terminate upon cessation or alteration of such use. Additionally, the rights granted hereunder to Grantee shall lapse should the pipeline not be constructed and installed within 36 months from the date of this agreement. 7. The Easement granted hereunder shall be perpetual except that it shall automatically terminate should Grantee or any of its successors or assigns violate the terms and conditions contained herein. 8. All rights, benefits and privileges granted, created or reserved herein, and all impositions and obligations imposed hereunder, shall inure to the benefit of and be binding upon the parties, their successors and assign. Any right to the Property or Easement Premises not specifically granted to Grantee herein are reserved to the Grantor, its successors or assigns. I IIIIII IIIll Illlll Illlll Illll Illll IIIll Ill Illll till IIII 456439 07/12/2001 02:09P ERSEI'IENT DRvrs $ILV! 2 o¢ 5 R 25.00 D 0.00 N 0.00 PITKIN COUNTY CO IN WITNESS WHEREOF, the Grantor has affixed its duly authorized signature this __ day of ,2001. GRANTOR: GRANTEE: Title: '~'- ~_~ Title: State of Colorado ) ) SS. County of Pitkin ) The foregoing instrument was acknowledged before me this /_~yt~ day of ~-el-~-b,[ ,2001, by -Y~rnr~ ~. It~t~£¢ ~.~ ~'~44~.1'~ ~. ~~ My co~ssion expires: ~ [ ~* ~ No~u ~blic ' - ~ /~¢ e. ~/m~ .~ cs' Address JPW-07/10/2001 -G:\john\word\agr\moore-ufil-ease.do¢ I IIIIII IIIII IIIIII IIIIII IIIII IIIII IIIII III IIIII llll IIII 456439 07/12/2001 02:09P EASEI'IENT DRVI'S $ILV! 3 me 5 R 25.00 D 0.00 N 0.00 PITK~'N COUNTY CO UTILITY EASEMENT (City as Grantee) THIS GRANT OF A UTILITY EASEMENT is made and entered into this !~"Cn day of ~3~ ,2001, by and between Thomas A. Moore (hereinafter referred to as "Grantor"), and the City of Aspen, Colorado, a municipal corporation (hereinafter referred to as "Grantee"). WITNESSETH: WHEREAS, Grantor is the owner of certain real property (the "Property") situated in the City of Aspen, Pitkin County, Colorado, as more fully described in Exhibit "A" appended hereto and by this mference incorporated herein. And, WHEREAS, Grantee desires to obtain an easement under a portion of the Property for the purpose of installing and maintaining water, gas, and telephone lines together with the right of access to the same. NOW, THEREFORE, for and in consideration of the payment of the sum of Ten Dollars ($10.00), the receipt and adequacy of which is hereby acknowledged by Grantor, Grantor does hereby grant and convey to Grantee without covenants or warranties of any kind, and subject to the terms and conditions hereinafter set forth and the rights herein specifically retained and reserved by Grantor, the right, privilege and easement to construct, install, maintain, operate, repair, remove and replace utility lines, pipes and similar accessories along and across the Easement Premises situated on the Property as described and depicted on Exhibit "A' attached hereto and incorporated herein by reference. Further, Grantor does grant to Grantee the right to access said Property over, under, across and along the Easement Premises as may reasonably be required for the purpose of exercising the rights, privileges and easement herein granted. The foregoing grant of easement and access shall be subject to the following terms, and conditions: I. The Easement Premises shall not exceed the area described in Exhibit "A". 2. Grantee's utilities and all associated facilities shall be constructed, installed, maintained and operated in a safe and workmanlike manner and in such a manner as to avoid damage to or destruction of Grantor's property or trees, shrubs and other vegetation on the Property. Any damage to the Grantor's property or to the surface, trees, shrubs or other vegetation caused by Grantee's installation, maintenance, repair or removal the pipeline or attendant facilities, shall be repaired or replaced by Grantee to the satisfaction of Grantor. Grantee I IIIIII IIIII IIIIII IIIIII mil IIIII IIIII III IIIII IIII IIII 456439 07/12/2001 02:09P ERSEI'tENT DRVIS SILVI - -,' ~ la 25,00 O ~.00 N 0.00 PITKIN COUNTY CO UTILITY EASEMENT EXHIBIT MAP: ' ~ MOORE PROPERTY A PARCEL OF LAND SITUATED IN A PORTION OF SECTIONS 11 AND 14, T0~'fNSHIP 10 SOUTH, RANGE 85 ~ST OF THE 6th P. CITY OF ASPEN, COUNTY OF PITI{IN, STATE OF COLORADO SHEET 1 OF 2 POINT OF BEGINNING ISELIN AND ROTARY PARK 25' EA SEMEN r /4 CORNER SECTION 11 T 10 N. R 85 W OF 6th P.M. FOUND REBAR & CAP, ~ ILLEGIBLE (L.S. #9018' RECORD) PROJECT BENCHMARK ELEV. = 8044..11' ! CURVE TABLE LINE TABLE i CURVE LENGTH RADIUS TANGENT CHORD BEARING DELTA LINE LENGTH BEARING CU1 52.02' 700.00' I 2~.02' 152~01' N63'32'30"W 04"15'29" LU8 45.96' N4-O'23'15"E , LU9 29.33' S50"26'45"E LINE TABLE LUlO 16.39' S39'33'15"W LINE LENGTH BEARING LUll 15.18' '349'36'47"E LU1 50.85' N88'57'31"W LU12 32.04' N38"35'53"E LU2 30.21' N40"23'13"E LU13 25.01' S49'36'4-7"E LU3 168.59' N49'36'47"W LU14 32.04' S38"35'53"W LU4 51.48' S38"35'55"W LU15 200.99' S4-9'36'47"E LU5 25.07' N55'41'39"W LU16 14.94' N40'23'13"E LU6 54.14' N38'35'53"E LU17 20:00' s4g'36'47"E LU7 45.68' N49'36'47"W bUT8 14.94~ S40'23'13"W IOTE: LU19 26.08'. S49'36'47"E ]4E IMPROVEMENTS, SHOWN SOPRIS ENGINEERING . LLC LU20 19,73' S01'55'38"W HEREON. ARE PER THE CIVIL CONSULTANTS PROPOSED DESIGN FOR THE 502 MAIN STREET, SUITE A3 NEW ICE RINK FACILITY, CARBONDALE, COLORADO 81823 (970) 704-0311 2oo59.Ol 06/29/01 059PLAT, DWG UTILITY EASEMENT EXHIBIT MAP: MOORE PROPERTY A PARCEL OF LAND SITUATED IN A PORTION OF SECTIONS 11 AND 14, TOWNSHIP 10 SOUTH, RANGE 85 WEST OF THE 6th P.M. CITY OF ASPEN, COUNTY OF PITKIN, STATE OF COLORADO SHEET 2 OF 2 UTILITY EASEMENT A UTILITY EASEMENT SITUATED ON A PORTION OF THAT PROPERTY RECORDED AS RECEPTION NO. 388528 OF THE PITKIN COUNTY RECORDS. SAID EASEMENT ALSO BEING SITUATED IN A PORTION OF SECTION 11, TOWNSHIP 10 SOUTH, RANGE 85 WEST OF THE SOUTH PRINCIPAL MERIDIAN AND IS MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE S~ CORNER OF SAID SECTION 11, WITH ALL BEARINGS CONTAINED HEREIN BEING RELATIVE TO A BEARING OF S 74'14'02" E BETWEEN THE 1998 CITY OF ASPEN - CPS CONTROL MONUMENTS AT THE STREET INTERSEC'RONS OF 6TH/HOPKINS AND WEST END/HOPKINS; THENCE N 21'01'24" W 246.95, THE POINT OF BEGINNING, SAID POINT ALSO BEING THE SOUTH EAST CORNER OF SAID PROPERTY RECORDED AS RECEPTION NO. 388528; THENCE THE FOLLOWING '[~/0 (2) COURSES ALONG THE BOUNDARY OF SAID PROPERTY. 1. N 88'57'31" W 50,85 FEET 2. 52.02 FEET ALONG A NON-TANGENT CURVE TO THE RIGHT HAVING A RADIUS OF 700.00 FEET AND A CENTRAL ANGLE OF 04'15'29" (CHORD N 63'32'30" W 52.01 FEET) THENCE LEAVING SA!D BOUNDARY N 40'23'13" E 30.21 FEET; THENCE N 49'36'47" W 168~59 FEET; THENCE S 38'35'53" W 51.48 FEET TO A POINT ON THE BOUNDARY OF SAID PROPERTY; THENCE N 55'41'39" W ALONG SAID BOUNDARY 25.07 FEET; THENCE LEAVING SAID BOUNDARY N 38'35'53" E 54.14 FEET; THENCE N 49'36'47" W 45,68 FEET; THENCE N 40'23'13" E 45.96 FEET; THENCE S 50'26'45" E 29.33 FEET; THENCE S 39'33'15" W 16.39 FEET; THENCE S 49'36'47" E 15.18 FEET; THENCE N 38'35'53" E 32.04 FEET; THENCE S 49'36'47" E 25.01 FEET; THENCE S 38'35'53" W 32.04 FEET; THENCE S 49'36'47" E 200.99 FEET; THENCE N 40'23'13" E 14.94 FEET; THENCE S 49'36'47" E 20.00 FEET; THENCE. S 4.0'23'13" W 14.94 FEET; THENCE S 4.9'36'4.7" E 26.08 FEET TO A POINT ON THE WESTERLY RiGHT-OF-WAY LiNE OF MAROON CREEK ROAD; THENCE S 01'55'38" W ALONG SAID WESTERLY RIGHT-OF-WAY 19.73 FEET TO THE POINT OF BEGINNING; SAID EASEMENT CONTAINING 13,961 SQUARE FEET, MORE OR LESS. I IIIIII IIIII IIIIII IIIIII IIIII IIIII IIIII III IIIII IIII IIII 456439 07/1212001 02:09P EClSE~iENT DRV~S S~LV! 5 0¢ 5 R 25.00 D 0.00 N 0.00 PrTKZN COUNTY CO SOPRIS ENGINEERING -LLC ~ CML CONSULTANTS 502 MAIN STREET; SUITE AS CARBONDAI~, COLORADO 81623 (970) 704--0311 200,59.01 06/29/01 059PLALDWG