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HomeMy WebLinkAboutcoa.lu.sm.Meadows Bridges Picnic Point.A73-92 CASELOAD SUMMARY SHEET City of Aspen DATE RECEIVED: / / PARCEL ID AND CASE NO. DATE COMPLETE: - - A73-92 STAFF MEMBER: LL PROJECT NAME: Meadows Bridges Stream Margin Reviews Project Address: Picnic Point, Grindley and Castle Creek Bridges Legal Address: APPLICANT: City of Aspen Parks Dept. Applicant Address: REPRESENTATIVE: Patrick Duffield, Parks or Gary Lacy Representative Address/Phone: 485 Arapahoe Boulder, CO 80302 440-9268 FEES: PLANNING $ # APPS RECEIVED 2 ENGINEER $ # .PLATS RECEIVED 2 HOUSING $ ENV. HEALTH $ TOTAL $ TYPE OF APPLICATION: STAFF APPROVAL: 1 STEP: x 2 STEP: P&Z Meeting Da . 31. ) 1 PUBLIC HEARING: YES NO VESTED RIGHTS: YES NO CC Meeting Date PUBLIC HEARING: YES NO VESTED RIGHTS: YES NO DRC Meeting Date REFERRALS: City Attorney Parks Dept. School District City Engineer Bldg Inspector Rocky Mtn NatGas Housing Dir. Fire Marshal CDOT Aspen Water Holy Cross Clean Air Board City Electric Mtn. Bell Open Space Board Envir.Hlth. ACSD Other Zoning Energy Center Other DATE REFERRED: INITIALS: DUE: FINAL ROUTING: DATE ROUTED: 0 Z5g1 3 INITIAL: City Atty City Engineer Zoning Env. Health Housing Open Space 3 Other: z J2iv-4_, b FILE STATUS AND LOCATION: 4J;;;2;L\ Pitkin County August 26, 1992 Mr. Patrick Duffield City of Aspen Parks Department 130 South Galena Street Aspen, CO 81611 RE: PICNIC POINT AND GRINDLEY BRIDGES Dear Patrick; Please accept this letter as formal permission by Pitkin County, owner of what is known as Lot 8 of the Pitkin Reserve Subdivision, to the City of Aspen to proceed on the submission of a land use application for two footbridges across the Roaring Fork River. The bridges have come to be known as the Grindley and Picnic Point bridges, and will connect the Rio Grande Trail to newly acquired City open space on the south side of the Roaring Fork River. I have reviewed the specific sites for the bridges in the field with you and understand that the County' s property will be required for both placement of and access to the proposed bridges. From our discussions concerning this matter, I further understand that the City agrees upon the following regarding the bridges: 1) If placement of the bridges are approved, the City agrees to obtain a Trail Easement from the County similar to the draft document enclosed with this letter for both bridges; 2) This letter in no way binds the County to the contribution of any funding, equipment or staff time for construction, repair or maintenance of the bridges. However, this letter does not preclude the City from approaching the County in the future concerning contribution to these community projects. I hope this letter is satisfies your requirements regarding the pending land use submission. Please contact me if you have any questions. Administration County Commissioners County Attorney Personnel and Finance Transportation 530 E.Main,3rd Floor Suite B Suite I Suite F Facilities Aspen,CO 81611 506 E.Main Street 530 E.Main Street 530 E.Main Street 76 Service Center Road (303)920-5200 Aspen,CO 81611 Aspen,CO 81611 Aspen,CO 81611 Aspen,CO 81611 FAX 920-5198 (303)920-5150 (303)920-5190 (303)920-5220 (303)920-5390 g° printed on recycled paper Sincerely, PITRIN COUN PUBLIC •RK5 A 1 N- and, Deputy Director of Public Works cc: Reid Haughey, County Manager (no enclosures) Stan Berryman, Director of Public Works (no enclosures) Leslie Lamont, Planning Office TRAIL EASEMENT THIS GRANT OF EASEMENT is made and entered into by the County of Pitkin, Colorado, a political subdivision, 506 East Main Street, Aspen, Colorado (Grantor) , and the City of Aspen, a municipal corporation, 130 South Galena Street, Aspen, Colorado (Grantee) . WHEREAS, Grantor is the owner of a certain parcel of land located within the City of Aspen, Colorado, described in Book 477, at Page 644 in the Records of Pitkin County, Colorado, known as Lot 8 of the Pitkin Reserve Subdivision; and, WHEREAS, Grantee desires to obtain a perpetual easement over, under and across Grantor ' s parcel for the construction, installation, maintenance and public use of a foot trail and bridge over the Roaring Fork River. NOW, THEREFORE, for and in consideration of the mutual covenants and obligations contained herein and the payment by Grantee of Ten Dollars ($10. 00) , the receipt and sufficiency of which is hereby acknowledged by Grantor, Grantor does hereby grant, sell, and convey to Grantee a perpetual easement to construct, install, maintain, repair, remove, replace and open to the public use a trail easement along and across the Easement Premises situated on Grantor's parcel as described above, and more particularly described as follows: A strip twenty (20) feet in width over, under and across the Grantor 's parcel centered on and extended ten (10) feet either side of a trail centerline to be determined in the field, in such a manner that at all angle points along the centerline, and at the point of beginning to the point of terminus, the exterior boundary lines of the strip shall lengthen or shorten as necessary to form a continuous strip exactly twenty feet in width. Said trail and bridge shall follow generally as depicted on the Map of the Pitkin County Trail Easement attached hereto and incorporated herein as Exhibit "A" . The Grantee shall be responsible for surveying the centerline of the completed trail and bridge and record said survey with the Clerk and Recorders Office. Grantee shall have all other rights and benefits necessary or convenient for the full use of the rights granted herein, including, but not limited to, full rights of ingress and egress over and across the property to and from the easement. However, Grantee acknowledges that any said portion of the Easement Premises and Easement as granted herein may be once again utilized by the County for transportation purposes, and any improvements placed within the easement may be removed or replaced by the County at any time to facilitate transportation use of the property. Grantee further acknowledges that the grant of easement as provided shall not unduly interfere or disturb the rights, use and occupancy granted to the Aspen Consolidated Sanitation District or the City of Aspen in the Easement Premises. Grantee' s trail and all associated facilities, including the bridge, shall be constructed, installed, maintained, and operated in a safe and workmanlike manner and in such a way as to avoid damage to Grantor's property or to the surface, trees, shrubs, or other vegetation caused by the installation, repair, removal or maintenance of the trail. In the event that damage to Grantor' s property or to the surface, trees, shrubs, or other vegetation is caused by the installation, repair, removal or maintenance of the trail, the attendant facilities shall be restored or replaced by Grantee to the satisfaction of Grantor. Grantee further agrees to obtain all applicable permits and approvals for construction of the trail, including local land use approvals, local development within a known floodplain permits, applicable state permits (Fugitive Dust Permit) and applicable federal permits (U. S. Army Corps 404 Permits) prior to initiation of any work within the Easement Premises. Grantee, within its legal ability to do so under the Constitution of the State of Colorado and it home-rule charter and without any way or manner intending to waive or waiving the defenses or limitations on damages provided for under and pursuant to the Colorado Governmental Immunity Act (Sub-section 24-10-101 et seq. , C.R. S. ) , the Colorado Constitution, its home-rule charter or under the common law or the laws of the United States or the State of Colorado, shall indemnify and hold harmless the Grantor against any and all damages which are recovered under the Colorado Governmental Immunity Act and reduced to final judgement in a court of competent jurisdiction by reason of negligent act or omission by Grantee, it agents, officers, or employees, in connection with this easement. Grantor warrants and agrees to defend the title to the Easement Premises as conveyed herein. Grantee will in no way hinder or prevent the proper and reasonable use and enjoyment of the property through which this easement is granted and Grantor shall enjoy full use of the Easement Premises so long as such use does not interfere with the installation, maintenance and use of the Grantee ' s trail. Grantor reserves the ability to relocate the trail easement and trail to another portion of the property or to adjacent properties if required by any future use proposed for the property. Grantor_ shall have the sole ability to determine that such a relocation is necessary and will conduct said relocation at it' s sole expense. This grant of easement shall run with the land and shall be binding on and shall inure to the benefit of the parties to this agreement and their respective successors or assigns. The perpetual easement shall only expire upon abandonment of the trail located within the easement by Grantee pursuant to a formal resolution adopted by the City Council of the City of Aspen abandoning said trail and vacating the easement. The parties further agree that, if necessary, Grantor will reconvey by correction deed the rights granted herein when an as- built centerline description is prepared at the completion of all of the construction and installation as described herein. Grantee agrees to pay all costs required for developing said as-built trail centerline description, if necessary. Grantor shall be responsible for paying all costs related to reconveyance of the rights granted herein if the trail and easement are relocated on the Grantor' s behalf. IN WITNESS WHEREOF, the Grantor and Grantee have affixed their duly authorized signatures on the dates as specified below. BOARD OF COUNTY COMMISSIONERS PITKIN COUNTY, COLORADO By: Title: Date: ATTEST: THE CITY OF ASPEN By: Title: Date: ATTEST: RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION GRANTING STREAM MARGIN APPROVAL FOR THE INSTALLATION OF THREE BRIDGES CONNECTING THE CITY OWNED MEADOWS PROPERTY AND RIO GRANDE TRAIL, ASPEN COLORADO Resolution No. WHEREAS, the Aspen Planning and Zoning Commission held a meeting September 22 , 1992 ; and WHEREAS, the Commission reviewed an application for a stream margin review for the construction of three pedestrian/bike bridges, two crossing the Roaring Fork River between the Meadows property and the Rio Grande Trail and one crossing Castle Creek connecting recently purchased Meadows property; and WHEREAS, pursuant to Section 24-7-504 development within 100 feet from the high water line of the Roaring Fork River and its tributary streams, or within the one hundred year floodplain is ' required to undergo Stream Margin Review; and WHEREAS, the Planning staff reviewed the application and recommended approval with conditions; and WHEREAS, the Commission reviewed the application, heard plenty of public comment and amended the conditions of approval to include: 6 . Prior to construction of the Castle Creek bridge,, easements out of the City owned property shall be acquired. The Castle Creek bridge shall be narrower than 10 feet. 7 . Prior to construction of the Castle Creek bridge, the Planning and Zoning Commission shall review the trail and wildlife management plan to the area. Resolution No. 92- Page 2 NOW, THEREFORE, BE IT RESOLVED by the Commission that it does hereby grant stream margin approval for three bridges on the City owned Meadows property, two crossing the Roaring Fork River and one crossing Castle Creek with the following conditions : 1. Conditions for all three bridges prior to construction: a. A construction and site drainage plan and procedure must be submitted and approved to the engineering department. The construction procedures employed must be such that no runoff from rain or snowmelt be permitted to drain to the river from contact with the disturbed earth. The construction procedure used will in no way impact the river. b. Tree removal permits are required from the Parks Department before any trees greater than 6" in caliper may be removed. c. Necessary permits, or written acknowledgement that a permit is not required, shall be obtained from the Army Corps of Engineers and/or the Department of Wildlife and provided to the engineering department. d. The engineering department recommends that either a subsurface soils exploration report or visual inspection of excavation be performed by a registered soils engineer to determine sufficient bearing capacity for the designed concrete structures. e. Stamped drawings by design engineer must be submitted. f. Additional information is required for item 5 of the application regarding the retention of storm runoff. In addition storm runoff from the trail should be addressed on how it is maintained and prevented from entering the river. 2 . Conditions for all three bridges: a. As the drawings indicate, construction staking must be in place before commencement of construction confirming that the bridges are located on the properties indicated in the application. Upon completion of the bridges an as-built mylar must be submitted to the engineering department prepared by a registered land surveyor, that includes new easements, and bridge locations in relation to property boundaries. • / %• •• “ 1 •• • ' 411 110 7 Resolution No. 92- Page 3 b. Inspections and testing shall be performed at the direction of the engineer. It is recommended that inspections be performed prior to the placement of concrete, for the placement of concrete and for any compaction of backfill . It also recommended that testing be performed for concrete strength and density of compaction. c. The applicant is required to plant any regraded or disturbed area with species keeping with the Roaring Fork Greenway Plan as well as existing plants in the area. 3 . Specific conditions for Picnic Point: a. While the drawings indicate that the new trail grade and construction access is to be a maximum of 6%, the grade as the trail is now aligned appears to exceed 12% . The engineer shall comment that the new trail and construction access can be constructed to a maximum grade of 6% within the project boundaries. b. It needs to be demonstrated that the proposed development will not increase the base flood elevation. This shall be demonstrated by an engineering study prepared by a professional engineer registered to practice in the State of Colorado which shows that the base flood elevation will not be raised, including but not limited to, proposing mitigation techniques on or off site which compensate for any base flood elevation increase caused by development. c. The construction site drainage plan and procedure shall particularly address how it will maintain the existing slope and vegetation at the south abutment as indicated on the profile view looking downstream. It appears that it will be difficult to prevent the erosion or sloughing of this bank during the course of construction. e. The City shall obtain a Trail Easement from the County for the bridge crossing the Roaring Fork River. 4 . Specific conditions for Grindley Bridge: a. The bridge is conceptually approved. Final approval is reserved upon review of construction drawings. All conditions as stated above shall apply with the exception of 3 . b and 3 . c; assuming that the construction drawings also indicate the bridge to be above the 100 year flood plain. b. The City shall obtain a Trail Easement from the County for the bridge crossing the Roaring Fork River. Resolution No. 92- Page 4 5. All representations that have been made in the application and during the presentation shall be adhered to. 6 . a. The Castle Creek bridge shall be narrower than 10 feet. b. Prior to construction of the Castle Creek bridge, the Planning and Zoning Commission shall review the trail and wildlife management plan for the closed area across Castle Creek. APPROVED by the Commission at its regular meeting on September 22 , 1992 . ASPEN PLANNING AND ZONING COMMISSION By G /. igoace 6 2 Dice-c /ePc-72 se,J ATTEST: (7 Jan C rney, Deput City Clerk • • Aik IIIP 1 �/ .A DEPARTMENT OF THE ARMY Y ae U.S.ARMY ENGINEER DISTRICT,SACRAMENTO 41 -••'`';u 4 c; m CORPS OF ENGINEERS o IIHr.:: I" 1325 J STREET �` SACRAMENTO,CALIFORNIA 95814-2922 , 'o /.∎.% REPLY TO Brans o‘P ATTENTION OF April 30, 1993 Regulatory Section (199375072) Mr. George Robinson Director of Parks, City of Aspen 130 South Galena Street Aspen, Colorado 81611 Dear Mr. Robinson: I am writing to you regarding the proposed Picnic Point and Grindley Bridge projects. These two bridges are for recreational trail crossings of the Roaring Fork River within the City of Aspen. Based on a review of the plans submitted and a site inspection by Mr. Michael Claffey of this office, we have determined that a Department of the Army permit will not be required for the construction of the Picnic Point and Grindley Bridges. Further approval from this office is not required provided the construction of the bridges proceeds as planned, without a discharge of dredged or fill material below ordinary high water or in wetlands. We have assigned file number 199375072 to these projects. Please refer to this number in any future submittals to this office concerning these projects. If you have any questions, please contact Mr. Claffey at (303) 243-1199 . Sincerel'y, i Grady L. McNure Chief,`,, Western Colorado Regulatory 1 Office 402 Rood Avenue, Room 142 Grand Junction, Colorado 81501-2563 Copy Furnished: Mr. Alan Czenkusch, Division of Wildlife, 473 Mountain Laurel, Aspen, Colorado 81611 . MEMORANDUM TO: Aspen Planning and Zoning Commission FROM: Leslie Lamont, Planner RE: Meadows Bridges Castle Creek and Roaring Fork River Stream Margin Review DATE: September 22 , 1992 SUMMARY: The Parks Department has submitted an application for the construction of three bridges adjacent to the Meadows property. The first bridge crosses Castle Creek accessing City owned open space. The second crosses the Roaring Fork River at Picnic Point but a little- up river from -the spot-where -a- bridge --crossed many- years ago. The third bridge is up river from Picnic Point on the Roaring Fork River. This bridge, as proposed by Betty Grindlay, will be a pedestrian bridge only and access a walking path to Picnic Point and a short trail up to Paepcke Auditorium and the tent. Pursuant to Section 7-504, Stream Margin Review is required. The Planning Department recommends approval with conditions of all three bridges. APPLICANT: City of Aspen, as represented by Gary Lacey, Patrick Duffield and Betty Grindlay. • LOCATION: City and County owned land on the Meadows property and the Rio Grande Trail. ZONING: The 25.7 acre City-owned parcel (Lot 4, Aspen Meadows Subdivision) is zoned WP (Wildlife Preservation) . The County owned open space parcel (Lot 11 of the Pitkin Reserve °Subdivision) is zoned R-30 PUD. APPLICANT'S REQUEST: Stream Margin Approval for three bridges. REFERRAL COMMENTS: The Engineering Department has reviewed the application please see the attached referral comments. STAFF COMMENTS: The Aspen Meadows Master Plan was adopted by City Council as a component of the Aspen Area Comprehensive Plan in September 1990. By establishing specific goals to. guide the development, the Master Plan included a strong commitment to an open space environment and alternative access through trail and 'bridge development. Identified in that plan were three locations for bridges: two crossing the Roaring Fork,-River and one crossing Castle Creek. The purposes for the bridges are twofold: to access the open space purchased by the City and to provide participants a convenient and pleasant pedestrian/bike access to the Meadows property (Music Tent, Aspen Institute, Physics Institute) and to the center of town. c • Based on the approved Aspen Meadows Master Plan, a Conceptual SPA (Specially Planned Area) Development Plan was approved by City Council in December of 1990. This Conceptual Plan included the. three bridges presented in the Master Plan. The Aspen Meadows Final SPA Development Plan was .submitted in the spring of 1991. This plan also included the three bridges. The Final SPA Development Plan was approved by City Council on June 10, 1991. The applicant will present the bridge drawings at the Planning and Zoning Commission meeting. • A. Stream Margin: Pursuant to Section 7-504 C. , development is required to undergo Stream Margin Review if it is within 100 feet from the high water line of the Roaring Fork . River and its tributary streams, or within -the one hundred year floodplain.- = The applicable- review standards -are- as::follows: 1. It can be demonstrated that any proposed development which is in the Special Flood Mazard Area will not increase the base flood elevation on the parcel proposed for development. This shall be demonstrated by an engineering study prepared by a professional ' engineer registered to practice in the State of Colorado which shows that the base flood elevation will not be raised, including, but not limited to, proposing mitigation techniques on or off-site which compensate for any base flood elevation increase caused by the development. RESPONSE: According to the application, this project will not affect the existing 100 year floodplain or floodway. The low. chord of the new bridge will be more than 2 ' above the 100 year . flood elevation, reducing the chance 'of debris blockage. The bridge itself is designed as a "breakaway" bridge which is tethered on one end in the event of a major flood, it will breakaway and not become debris downstream. The Betty Grindlay pedestrian bridge is located well out of the 100 year floodplain and floodway. 2 . ' Any trail on the parcel designated on the Aspen Area Comprehensive Plan: Parks/Recreation/Open Space/Trails Plan map is • dedicated for public use. RESPONSE: All proposed trails and existing trails are dedicated ' for public use which is consistent with the Plan. 3 . The recommendations of the Roaring Fork Greenway Plan are implemented`>in the proposed plan for development, to the greatest extent practicable. RESPONSE: This project will follow the recommendations of the Roaring Fork Greenway Plan. The connection of public open space 2 ® • and the provision of public access to the river is consistent with the Plan. 4 . No vegetation is removed or slope grade changes made that produce erosion and sedimentation of the stream bank. RESPONSE: According to the application, no vegetation removal or slope grade changes are -being made that will produce erosion or sedimentation problems. All new cut and fill areas will be revegetated. A tree removal permit shall be required for the removal of any tree greater than 6" in caliper. The applicant shall work with the Engineering Department to identify erosion mitigation measures during construction. 5. To the greatest extent practicable, the proposed development reduces pollution and interference with the natural changes of the — . . river, stream--or other---tr--ibutary. - :— .._. _ .. . • RESPONSE: The proposed trails and bridges allow for natural changes in the river to the greatest extent possible._ Some areas along the trail will be able to trap urban runoff pollution prior to it flowing into the river. 6. Written notice is given to the Colorado Water Conservation Board prior to any alteration or relocation of a water course, and a copy of said notice is submitted to the Federal Emergency Management Agency. RESPONSE: There will be no alteration or relocation of a water course. 7. A guarantee is provided in the event a water course is altered or relocated, that applies to the developer and his heirs, successors and assigns that ensures that the flood carrying capacity on the parcel is not diminished. RESPONSE: Not applicable. - 8 . Copies are provided of all necessary federal and state permits relating to work within the one hundred (100) year floodplain. RESPONSE: A general permit authorization has been requested from the Army Corps of Engineers. No work will proceed until the Corps has signed off on the project. RECOMMENDATION: Staff recommends approval of the stream margin review to install three bridges, one over Castle Creek and two over the Roaring Fork River with the following conditions: 1. Conditions for all three bridges prior to construction: a. A construction and site drainage plan and procedure must 3 be submitted and approved to the engineering department. The construction procedures employed must be such that no runoff from rain or snowmelt be permitted to drain to the river from contact with the disturbed earth. The construction procedure used will in no way impact the river. b. Tree removal permits are required from the Parks Department before any trees greater than 6" in caliper may be removed. c. Necessary permits, or written acknowledgement that a permit is not required, shall be obtained from the Army Corps of Engineers and/or the Department of Wildlife and provided to the engineering department. d. The engineering department recommends that either a subsurface -soils--exploration report or visual inspection of excavation be performed by a registered soils engineer to determine sufficient bearing capacity for the designed concrete structures. e. Stamped drawings by design engineer must be submitted. f. Additional information is required for item 5 of the application regarding the retention of storm runoff. In addition storm runoff from the trail should be addressed on how it is maintained and prevented from entering the river. 2 . Conditions for all three bridges: • a. As the drawings indicate, construction staking must be in place before commencement of construction confirming that the bridges are located on the properties indicated in the application. Upon completion of the bridges an as-built mylar must be submitted to the engineering department prepared by a registered land surveyor, that includes new easements, and bridge locations in relation to property boundaries. b. Inspections and testing shall be performed at the direction of the engineer. It is recommended that inspections be performed prior to the placement of concrete, for the placement of concrete and for any compaction of backfill. It also recommended that testing be performed for concrete strength and density of _compaction. c. The,._ applicant is required to plant any regraded or disturbed. area with species keeping with the Roaring Fork Greenway Plan as well as existing plants in the area. 3 . Specific conditions for Picnic Point: a. While the drawings indicate that the new trail grade and 4 411 construction access is to be a maximum of 6%, the grade as the trail is now aligned appears to exceed 12%. The engineer shall comment that the new trail and construction access can be constructed to a maximum grade of 6% within the project boundaries. b. It needs to be demonstrated that the proposed development will not increase the base flood elevation. This shall be demonstrated by an engineering study prepared by a professional engineer registered to practice in the State of Colorado which shows that the base flood elevation will not be raised, including but not limited to, proposing mitigation techniques on or off site which compensate for any base flood elevation increase caused by development. c. The construction site drainage plan and procedure shall particularly address how it will maintain the existing -slope- and vegetation at the south abutment as indicated on the profile`.view looking downstream. It appears that it will be difficult to prevent the erosion or sloughing of this bank during the course of construction. e. The City shall obtain a Trail Easement from the County for the bridge crossing the. Roaring Fork River. 4 . Specific conditions for Grindley Bridge: a. The bridge is conceptually approved. Final approval is reserved upon review of construction drawings. All conditions as stated above shall apply with the exception of 3 .b and 3 .c; assuming that the construction drawings also indicate the bridge to be above the 100 year flood plain. b. The City shall obtain a Trail Easement from the County for the bridge crossing the Roaring Fork River. 5. All representations that have been made in the application and during the presentation shall be adhered to. Attachments: A. Plans B. Neighbor ' s Letters Is Qf r--61: Cdem-Att-A-A otti ?;(At-t)(A) )ea-f2. a-ctrujav lX . 5 • C40 1 + 1& c6AA"At nCOCtA}t U0-1.-A9 ( • MEMORANDUM To: Leslie Lamont, Planning Office From: Rob Thomson, Project Engineer RS! Date: September 16, 1992 Re: Meadows Bridges Castle Creek and Roaring Fork River Stream Margin Review Having reviewed the above application, the engineering Department has the following comments: 1. Conditions for all three bridges prior to construction: • a. A construction and site drainage plan and procedure must be submitted and approved to the engineering department. The construction procedures employed must be such that no runoff from rain or snowmelt be permitted to drain to the river from contact with the disturbed earth. The construction procedure used will in no way impact the river. b. Tree removal permits are required from the Parks Department before any trees greater than 6" in caliper may be removed. c. Necessary permits, or written acknowledgement that a permit is not required, shall be obtained from the Army Corps of Engineers and/or the Department of Wildlife and provided to the engineering department. d. The City of Aspen shall obtain, an executed and recorded, trail easement from Pitkin County for the two bridges known as Picnic Point, and Castle Creek. e. The engineering department recommends that either a subsurface soils exploration report or visual inspection of excavation be performed by a registered soils engineer to determine sufficient bearing capacity for the designed concrete structures. f. Stamped drawings by design engineer must be submitted. g. Additional information is required for item 5 of the application regarding the • • • retention of storm runoff. In addition storm runoff from the trail should be addressed on how it is maintained and prevented from entering the river. 2. Conditions for all three bridges: a. As the drawings indicate, construction staking must be in place before commencement of construction confirming that the bridges are located on the properties indicated in the application. Upon completion of the bridges an as- built mylar must be submitted to the engineering department prepared by a registered land surveyor, that includes new easements, and bridge locations in relation to property boundaries. b. Inspections and testing shall be performed at the direction of the engineer.. It is recommended that inspections be performed prior to the.placement of concrete,for the placement of concrete and for any compaction of backfill. It also recommended that testing be performed for concrete strength and density of compaction. c. The applicant is required to plant any regraded or disturbed area with species keeping with the Roaring Fork Greenway Plan as well as existing plants in the area. 3. Specific conditions for Picnic Point: a. While the drawings indicate that the new trail grade and construction access is to be a maximum of 6%, the grade as the trail is now aligned appears to exceed 12%. The engineer shall comment that the new trail and construction access can be constructed to a maximum grade of 6% within the project boundaries. b. It needs to be demonstrated that the proposed development will not increase the base flood elevation. This shall be demonstrated by an engineering study prepared by a professional engineer registered to practice in the State of Colorado which shows that the base flood elevation will not be raised, including but not limited to, proposing mitigation techniques on or off site which compensate for any base flood elevation increase caused by development. c. The construction site drainage plan and procedure shall particularly address how it will maintain the existing slope and vegetation at the south abutment as indicated on the profile view looking downstream. It appears that it will be difficult to prevent the erosion or sloughing of this bank during the course of construction. • 4. Specific conditions for'Grindley Bridge: a. The bridge is conceptually approved. Final approval is reserved upon review of construction drawings. All conditions as stated above shall apply with the exception of 3.b and 3.c; assuming that the construction drawings also indicate the bridge to be above the 100 year flood plain. cc Chuck Roth, City Engineer CASELOAD92.022 t kg/Jo BRUCE KONHEIM ;C „, �J;� 1130 W i ILLOUGHBY WAY , t OR BOX 580 $ S 1992 ASPEN, CO. 81611 (303)925-7759 l . August 29, 1992 City of Aspen Rebecca Baker, Parks Department. 130 South Galena Street Aspen,CO.81611 Subject: Planning & Zoning Commission,- September 22, 1992 Stream Margin Review - Two Bridges over Roaring Fork Dear Rebecca, I reside at 1130 Willoughby Way and received your letter regarding a hearing concerning two proposed bridges over the Roaring Fork River from the Meadows. As a homeowner and one who has had a residence in Aspen for better than 15 years, I and my family are against this project. With so many die hard environmentalist and lovers of our natural environment who live hear, I am surprised this proposed project got as far as a hearing. When one speaks about Aspen, you picture the natural beauty of the landscaping as one of our biggest asset's. Now, it is proposed to cut that up to provide two bridges which would seriously deter from , the beauty we now share along the Roaring Fork path. I can't believe the Planning and Zoning Department will consider such a rediculous proposal. There is no question in my mind that this will have a tremendous negative Environmental Impact on the area. I will not be in town for the hearing, so please forward this letter to Leslie Lamont and all members of the Planning and Zoning Commission, to all the City Council Members and to Amy Margerum the City Manager. Personally your, </ Bruce Konheim .... .:„::7•..i:;w::::::i.7-.,--,,,,,,,.,--,.. , 52. ---zzl:f2,-;;:- :,:: 4';-;.`ZZ''.7;:l:e,?.'n';..,-::,±23-:--,-... •- ,---.:1,,;/., ,.7-7......:W.-,..;-,,... .,47_,..::041p,,i,i1.-:: '.:k;'%:i'..*;',*.q,.;'-' '?•'':;.:',...ti-rs-,-,....,F.::.•3,..., .''..,..11;f4.1...4,4::,;:,4*.T.,;;;;..... ,-..:..,,..'.4.:,..,...:,7..._:... ..-... .:,.....±_.5..77!2,- — * •',: -. :-•--.• T.:. ' . ••... . •.. . ' tk'!1: 7- .ii:;',i, .•'''': ;'*.'1';'-:,;.Z;'',.:-;:• `',,.:7: - 7... e,, - ., tf, '',2;:Z.:S12..._q;::L7i,::,.tYa..',,,.,,';.r :4"- ;*:::.:,4--i_r..:,A : t, , ,'',.':',..1-: --i:-:..4,: a" ,,,_,• ••--: -.'- - .,-- -,--,:_ ,,...:r7:,c: .. . -,...e.,:.. ..-1.,i,-..--:-.,-,±..,...,':':'''.7"--,' .•'.'2" ...':' '''.. .. 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A4 a -4" iv ritt.a.6 -1 .P - 41`-`-_ _ _ ,,. 6......4 t . . ..61.4-011 . ,-4 0-(2/AA-4AL-el- "''''z, ezfr....valocalizoo /1-:"°67 • 1 i ; . gan4 elot.&1 ,( • • 4, iie J... . : . 1.... i - . •ml, 604_34 fe_a_44,v /14.0-4- --ext.?-4--A7 . 1 • • • — f•§' • --- . . . 4144.11445s ?I' .,0444-4 *cc.. . it..., t . . f . . . . . . . - , • •• • • , . . . . . . . . I . - • . . . . I _ - •. . . _ . . ... . , • . ,. • I ----' ,.. . . --. . PN 0 ASPEN, BOX 7968 • . . COLORADO 81612 ; . . . . _. , • •.- . , . .....,,. . . ... . . • l 1 . 1. Hi SEP 1 41992 JACK R. COURSHON 700 CASTLE CREEK DRIVE U ASPEN, CO 81611 • . (303) 925-1023 • Mr. Patrick Duffield September 11, 1992 City of. Aspen Trails Supervisor 130 South Galena Street • - Aspen, CO 81611 Dear Mr. ' Duffield: • I received a letter dated August 20th from Rebecca Baker, City of Aspen Parks Department, notifying me as a homeowner at 700 Castle Creek Drive, of fhe Parks Department- appearance before: the Planning. - --------., _._ and .Zoning Commission on September 22nd to consider placement of a ' 10-foot wide pedestrian/bicycle bridge on Castle Creek at the Meadows, a 10-foot wide pedestrian/bicycle bridge on the Roaring Fork River at Picnic Point of the Meadows and a 4-foot wide pedestrian 'Only bridge at the eastern side of the Meadows on the Roaring Fork River across from the Betty Grindley property. Included with the letter was a Meadows 'vicinity map, which outlined. the location of the three proposed bridges, as well as proposed trails. The letter refers to the bridges as a priority for "imple- mentation of the Aspen Pedestrian/Bikeway Plan, including develop- ment of the Castle Creek Greenway and Roaring Fork Greenway." I would like my letter to go on record in opposition to the two proposed 10-foot wide pedestrian/bikeway bridges across Castle Creek and across the Roaring Fork River of the Meadows properties. I am not opposed to the installation of the 4-foot wide pedestrian only bridge across the Grindley property and the Roaring Fork River. • The August 20th letter states that "the aforementioned projects were an integral part of the Aspen Meadows planning approval process to provide greater public access to the Meadows property. " It so happens that I was an active participant in the meetings that resulted in the final Meadows/Non-profit land transfers. At the outset of the Meadows land process, the developer wanted to erect 21 townhouses in the area known as Picnic Point on the Meadows property. A substantial number of citizens and citizens' groups vehemently objected to this plan -because it was our desire to leave one of the last, remaining natural properties in the City of Aspen in its pristine state. We succeeded in prohibiting the developer from improving that property. In my opinion, any attempts to impose these 10-foot wide bridges across the Roaring Fork and Castle Creek waters, along with the future proposed expansion of trails along the west side of Castle Creek, would impair and destroy the last remaining pristine wetlands and woodlands in the City of Aspen and create the very problem we prevented the Meadows TO: PATRICK DUFFIELD RE: PEDESTRIAN/BIKEWAY PLAN 9/11/92 developer from doing. I can assure you that property along the west side of Castle Creek from Power Plant Road all the way down to the Roaring Fork River is heavily wooded. The principal occupants of this property, besides the trees, bushes and wildflowers, are an extensive population of deer, red fox, racoons, as well as a variety of native fish. What are not there are people. What we don't need are additional trails in this pristine area which will bring about the usual people-created trash and disorder to this natural area. • A substantial portion of this area is -wetland and all of .ahis is- wild, with the exception of Picnic Point on the Meadows property. There is already ample access by both road and trails to the Meadows property for anyone that cares to visit same. Any expan- sion of access to that property is unnecessary and in my opinion will be terribly detrimental to the natural aspect of the area. Moreover, any attempt to expand pedestrian/bikeway trails, referred Castle Creek Greenway, would of the Ca Y, the development _ to as p absolutely destroy this primitive lowland along the west side of Castle Creek. In my opinion, all efforts should be directed to maintaining this last remaining pristine wildland of Aspen in its natural state, rather. than exploiting same. I am hoping to attend the meeting before the Planning and Zoning Commission on September 22nd, but if not, I wanted this letter circulated to you and the other recipients noted below to express my views on the bridge proposals. I have already discussed this matter with several other of the property owners along Castle Creek Drive, whose properties include the lowland wooded area abutting Castle Creek and without exception their feelings on the subject are the same as mine. I might add that I am very much in favor of our pedestrian and bike paths in general, as they now exist, but where they intrude in existing wooded areas and wetlands or directly aside the course of our rivers and creeks, I am very much opposed to their extension in those areas. Cordially, 1 Ja k R. Courshon 2 411 411 • TO: PATRICK DUFFIELD RE: PEDESTRIAN/BIKEWAY PLAN 9/11/92 cc: Amy Margerum, City Manager John Bennett, Mayor C City of Aspen City of Aspen 130 S. Galena St.. 130 S. Galena St. Aspen, CO 81611 Aspen, CO 81611 "Leslie Lamont Rebecca Baker Planning Office City of Aspen Parks Dept. City of Aspen City of Aspen 130 S. Galena St. 130 S. Galena Street • Aspen, CO 81611 Aspen, CO 81611 Members of the City Council City of Aspen 130 S. Galena Street Aspen, CO 81611 3 ® • 1110 Black Birch Dr. Aspen CO 81611 • September 8, 1992' Mr. Patrick Duffield RECEIVED • City of Aspen Trails ls Su ervisor 130 So. Galena St. • SEP 1 1992 Aspen CO 81611 City Manager/Mayor's Office Dear Mr. Duffield : This. is in response to Ms. Rebecca Baker' s. letter of August 20, inviting comments regarding the three. . bridges proposed for the Roaring Fork River and Castle Creek in the riparian area owned by the City of Aspen. While the opinions expressed are primarily Bill Gruen- berg' s and mine, they also represent the concerns of other Black Birch Estates neighbors, many of-:whom will attend the Stream Margin Review on September_ 22. Our reaction' to the overall concept is that it would result in overdevelopment of the only pristine, almost wild riparian area within the city limits. 10- feet wide bridges strongly suggest that paved bicycle paths will inevitably follow--"citified" amenities com- pletely Out of character with the unique quality of the area. With the exception of the sage terrace south and southeast of the confluence and the narrow, grassy bench on the east side of Castle Creek, most of the 25 acres is heavily forested, thick with underbrush and deadfalls. In addition_; the south half of the land on. the west side of Castle. Creek is composed largely of beaver dams, marshes, the Tagert Ditch, other spring-fed ditches, and other wetland features. The very act of .constructing paved pedestrian/bicycle paths through, these areas would result in irreparable damage to the environment. Our opinion is that this riparian area, even with improved paths, would offer limited biking potential and would not be a very satisfying experience , particu- larly for family/kid cyclists. Instead, it lends it- self perfectly to pedestrian exploration. Contrary to the plans prepared by Recreation Engineering & Planning, there are no gravel trails (except for vestiges of the old steep road running up to the Meadows) . The exist- ing paths are little more than game trails worn in the grass--in many places largely overgrown. Given these conditions, we must label the proposed , 10-feet wide, 100-feet long bridge at Picnic Point as unnecessary, expensive overkill. In the first place, there is no "existing gravel trail" on the south side of the river to connect to; secondly, the so-called Grindlay Bridge farther upstream makes a Picnic Point • September 8, 102 Page .2 • bridge redundant and, with its 4-feet width, would cross the river with minimal impact on the river banks during construction- and in its -finished state . The Grindlay Bridge 'accesses the same areas: upstream to the Meadows along the North Star trail, and downstream to Picnic Point. Since there is already access to Picnic Point from the Meadows (utilized regularly by locals and visi- tors alike) the cumulative impact of three ways to reach the same area would be destructive in terms of people traffic, aesthetics and the environment. Our strong recommendation, therefore , is to limit the number of bridges to one--the 4-feet wide Betty Grindlay Bridge . As far as the proposed Castle Creek bridge is con- cerned, we cannot understand the reasoning behind a 10- feet wide bridge to nowhere. As pointed out previously, the conservation land on the west side of Castle Creek is composed of wetlands, thick forest and underbrush. r Construction.. alone _would -be, extremely difficult_:and - perhaps not even permitted because of the sensitive nature of the river banks . The proposed location is slightly upstream from the old foot bridge that was washed out during the 1984 runoff. There are intermittent ditches on the west side that run during high water; the remains of sandbags used in 1984 and 1985 to reduce :flooding in Black Birch Estates are still in evidence . The west side of Castle Creek is home to beaver, muskrat, fox, raccoon, deer, ducks and other species of birds. They are one of the important reasons the ripar- ian area is unique and they should not be disturbed. Finally, the north end of the west side is a dead end, comprised of Black Birch private properties: Lots 9, Tract B, newly enlarged Lot 10, and 870 feet of private road leading to Red Butte Drive . We hope we have given you several reasons to re- " consider your proposals for this important City property and thank you for giving us the opportunity to comment. Sincerel Feli ogl x no Bill Gruenb- � cc: Amy Mar erum City Mgr. Leslie Lamont, Planning ffice Rebecca Baker,Parks Dept. John Bennett, Mayor City Council members Hal Clark, Parks Assoc . Tom Cardamcne , ACES Alan Czenkusch, DOW - Gary Lacy, Recreation Michael Claffey, Army Corps Engineering & Planning of Engineers ti \AN. \ N. J a \ ), \ __ . \\ • /: \- . \< :----4 - - --- \ \\N.\ 4 J � , \ . -L. i 111Pj°1111.111114ksi \ \ . \.\•\ R O A R 1 N G .:...--... lir \ R \ \ --- --illk-ilir 4- J . ° •aZ`" ' p>�6p _■kii, o . .. . R,o 0 y 1.o 1i- \ rt. 1 o till 1�o VI ...., lE,P e 1 ^nZ ti 0 7.a O\ \ 1 O cD 3 ID Q Li. • I . 2----c- o - fv ,‹ o. UxC 4. EEO co r u o z c tt" o •� W O �O w 1` • � ti in" rn ti Q ,,,r` ■ •L = w• . t ill c "C' I- m s• 5 u .. w 4• i t.n i� J 1 /r / V l ' allf- 0 1 - sss;s:' t S- I- . c5.. N y�' y ga C j id c cn CI lb ki: A \ . ii 2 TO Q C 'D- c Q I i $o ' t/- o �tl L a zi)rp� N w• y / >- 3 0 S > d'Qw ✓ v� a — L w CI.. <1 ) D- d )2 y �Z g N In ku U u ILI li) ...) 7-:-- 1 V ` 7,0 a tk5 . 1--N tt t--- C s.. � , `_ 9' -(Ow 2 d ti ,5, . t,i'� od V • • •i � , . I DO y2. F LOO o /� BOUND . y 4/ • v / • , / too yr. Flood bou 6o / / New .70 xi � 0- _ _ . Bike/Pedestrian Bridge ' . • to be supplied by City ofs F ci�.TroHS `°" Cons; /*A ,Access • trail.1v1 • 62. 6� r• � !�;;i1111�',I�1111'.��i�lllll[fil� - �P,�IIIIII�IID��I��lll • 68 J 180. / • - \ - - --- • _ .. . z- ii9, \ : . , I. . . .. ..., ,. 7 • . . / . • P.. / / ii loon . / . 7 oundary • i •yhi9h • \ 68 `m �-� � G ne .� `�A �\ vp_. S q) N t_s_ C I l7 G►V) r- J cu cI o • „ -(}!-, _ ��_ • ti . • KF QEv�jd t Q . t ' c L V io •C C ``��� 2 . O a S . t+- ow `t• 6 ,--- \ w 4. Z v) 2 A O 0 r0 . • o L O Ii • Vr :v 0 t4 co -t-: . , - Lo 0 u .....f tc,i wil z a ...1 . .0. �h u v I � LL � 1 > on �� ' j O —x Q. 'Xa � -to 0) 14 ti) 01 41, ,..______.} 5.... idA -:4,7 . v / a ■ C C uo . S (V o 4- 0)06 0 C . cry c � � \ •NO8 • 'I) 1 c .. N • • - MEMORANDUM To: Leslie Lamont, Planning Office From: Rob Thomson, Project Engineer RS I Date: September 16, 1992 Re: Meadows Bridges Castle Creek and Roaring Fork River Stream Margin Review Having reviewed the above application, the engineering Department has,the following comments: 1. Conditions for all three bridges prior to construction: a. A construction and site drainage plan and procedure must be submitted and approved to the engineering department. The construction procedures employed must be such that no runoff from rain or snowmelt be permitted to drain to the river from contact with the disturbed earth. The construction procedure used will in no way impact the river. b. Tree removal permits are required from the Parks Department before any trees greater than 6" in caliper may be removed. c. Necessary permits, or written acknowledgement that a permit is not required, shall be obtained from the Army Corps of Engineers and/or the Department of Wildlife and provided to the engineering department. d. The City of Aspen shall obtain, an executed and recorded, trail easement from Pitkin County for the two bridges known as Picnic Point, and Castle Creek. e. The engineering department recommends that either a subsurface soils exploration report or visual inspection of excavation be performed by a registered soils engineer to determine sufficient bearing capacity for the designed concrete structures. f. Stamped drawings by design engineer must be submitted. g. Additional information is required for item 5 of the application regarding the _ • • retention of storm runoff. In addition storm runoff from the trail should be addressed on how it is maintained and prevented from entering the river. 2. Conditions for all three bridges: a. As the drawings indicate, construction staking must be in place before commencement of construction confirming that the bridges are located on the properties indicated in the application. Upon completion of the bridges an as- built mylar must be submitted to the engineering department prepared by a registered land surveyor, that includes new easements, and bridge locations in relation to property boundaries. b. Inspections and testing shall be performed at the direction of the engineer. It is recommended that inspections be,performed prior to the placement of concrete, for the placement of concrete and for any compaction of backfill. It also recommended that testing be performed for concrete strength and density of compaction. c. The applicant is required to plant any regraded or disturbed area with species keeping with the Roaring Fork Greenway Plan as well as existing plants in the area. 3. Specific conditions for Picnic Point: a. While the drawings indicate that the new trail grade and construction access is to be a maximum of 6%, the grade as the trail is now aligned appears to exceed 12%. The engineer shall comment that the new trail and construction access can be constructed to a maximum grade of 6% within the project boundaries. b. It needs to be demonstrated that the proposed development will not increase the base flood elevation. This shall be demonstrated by an engineering study prepared by a professional engineer registered to practice in the State of Colorado which shows that the base flood elevation will not be raised, including but not limited to, proposing mitigation techniques on or off site which compensate for any base flood elevation increase caused by development. c. The construction site drainage plan and procedure shall particularly address how it will maintain the existing slope and vegetation at the south abutment as indicated on the profile view looking downstream. It appears that it will be difficult to prevent the erosion or sloughing of this bank during the course of construction. • • • 4. Specific conditions for Grindley Bridge: a. The bridge is conceptually approved. Final approval is reserved upon review of construction drawings. All conditions as stated above shall apply with the exception of 3.b and 3.c; assuming that the construction drawings also indicate the bridge to be above the 100 year flood plain. cc Chuck Roth, City Engineer CASELOAD92.022 ID 4340937 1)1 /24/92 16: 13 "400. 00 D,K 667 PG 739 Silvia Davis , F'itkin Cnty Clerk: , Dor $. 00 I. GENERAL REPRESENTATIONS A. CONSTRUCTION SCHEDULES - GENERAL: The Consortium and City mutually acknowledge that exact construction schedules for the entire Project cannot be submitted or agreed to at this time, due primarily to two factors: (a) construction scheduling depends on the success of fund raising efforts by the non- profit members of the Consortium, and (b) construction will take longer than a normal development because summer programming and activities on the Properly will require curtailment of construction activity during summer months. The Project involves five separate areas of construction activity with the following currently estimated sequencing: 1. It is anticipated that the Institute renovation and new construction, including the <+if�ven lodge buildings, administration building, health club and pool, parking E.Yucture and attendant site work will be undertaken in at least three distinct with the major components of each phase beginning in the Fall and ending t e 'ollow ig Summer. 2 ' It is anticipated'that the MAA tent improvements (seating expansion, back stage addition and site work), rehearsal/performance facility construction and site work and the reconfiguration of the parking lots on Gillespie will be undertaken in at least two phases, one being the tent related improvements and parking lot work and the other being construction of the rehearsal facility. 3. It is anticipated that the residential component, consisting of site improvements for the single family lots, tennis townhomes and trustee house remodels and additions and all related site work will be undertaken in three phases: the site work for the home sites, the tennis townhomes and the renovation and expansion of the trustee houses. 4. The construction of the new Meadows Road is currently planned for the Spring of 1992, and the conversion of the old Meadows Road to a trail with landscape and the upgrades to the utility and irrigation systems throughout the Property is planned for the Spring of 1992. The utility and irrigation system work will be • coordinated with the individual construction phases and with the Public Works Director. 5. The schedule for completion of the City trail and bridge installation from the old Meadows Road to picnic point and across to the Rio Grande trail and from behind the auditorium accessing the Roaring Fork Road side of the campus will be established by the City but will be coordinated with the affected Consortium 5 • " ,4(.1977 0]./24/92 16: 1.3 Rec $4C! k0 BF 667 PG 759 Silvia. DaviTi , F='itl::iri Cnty Cl.er , Doc: $. 00 after the date of issuance of the Certificate of Occupancy for the final phase of improvements. It is the mutual understanding of the parties that Certificates of Occupancy may in fact issue for improvements even though the landscaping improvements related thereto have not yet. been complet- ed, so long as that portion of the financial guaranty provided for in this Agreement, which covers the estimated cost of such unfinished landscap- ing remains available to the City pursuant to the terms of this Agreement. All tree replacement shall be on a one-to-one caliper inch basis throughout the Project as a whole with minimum size at 1 1/2" caliper. 4. Trails The Plat depicts all trails dedicated or conveyed to public use and all easements linking off-site trails to the Project's trail system, including the trail easement between the tennis townhouses and restaurant. Written easements shall be executed and conveyed after trail construction confirming the as-built location of each easement. A portion of the trail Easement for the trail from Meadows Road to Lot 4 crosses Lot 5, as depicted on the Plat. Trail construction on this Easement and any other appurtenant recreational facilities and amenities and landscaping is the sole responsibility of the City of Aspen. Neither Savanah nor the Consortium shall have any financial responsibility for any of this work or for the maintenance of any easements. 5. Financial Assurances In order to secure the construction of the site and landscape improvements in Paragraphs 3(a) and (b) above and to guarantee 100% of the estimated cost of such improvements, Savanah shall guarantee by irrevocable bond, sight draft or letter of commitment or credit from a financially responsible lender that funds in the amount of such estimated costs, are held by it for the account of City for the construction and installation of the above-described improvements. As a condition for issuance of a building permit for a portion or all of the renovation and new construction anticipated herein, Savanah and City shall agree on that portion of the work outlined in Paragraphs 3(a) and 3(b) above reasonably necessary to complete the work for which a permit is being sought and the mutually agreed upon financial assurances shall be delivered to the City prior to issuance of the building permit. All financial assurances given by Savanah to City, in all events, shall give the City the unconditional right, upon and following default by Savanah, notice thereof by the City, and a forty day right thereafter to cure, to withdraw funds as necessary and upon demand to partially or fully complete and/or pay for any of such improvements or pay any uncontested outstanding bills for work done thereon by any party, with any 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 25 40977 01/24/92 16: 13 Rec 0Q. 00 BF. 667 F'e 763 Si 1.vi m. Davi_ Pit! in Cntv Cl:er l ,, Doi_ $. 00 tree replacement shall be on a one-to-one caliper inch basis throughout the Project as a whole with minimum size at 1 1/2" caliper. 4. Trails The Plat depicts all trails dedicated or conveyed to public use and all easements linking off-site trails to the Project's trail system. Two trail easements are associated with Lot 6. The first is a minimum three foot wide unpaved walking path which parallels the Meadows Road. on the Eastern edge of Lot 6 and the second is the easement on the Western portion of Lot 6 to accommodate the construction and maintenance of the trail from Meadows Road to Lot 4 and across the Roaring Fork River to the Rio Grande Trail, all as depicted on the Plat. Lot 6 shall be burdened with easements for these trails as shown on the Final Plat. Construction of the walking path shall be completed by Savanah in connection with the construction of the improvements. on Lot 6. Savanah and. the City. acknowledge and agree that all responsibility for construction of and payment for the trail to Lot 4 and any other appurtenant recreational amenities permitted in the zone district and landscaping is the sole responsibility of the City, and Savanah shall have no responsibility for the maintenance thereof. 5. Financial Assurances ; In order to secure the construction of the site improvements in Paragraphs 3(a) and (b) above and to guarantee 100% of the estimated cost of such improvements, Savanah shall guarantee by irrevocable bond, sight draft or letter of commitment or credit from a financially responsible lender that funds in the amount of such estimated costs, are held by it for the account of City for the construction and installation of the above-described improvements. As a condition for issuance of a building permit for a portion or all of the construction anticipated herein, Savanah and City shall agree on that portion of the work outlined in Paragraphs 3(a) and 3(b) above reasonably necessary to complete the work for which a permit is being sought and the mutually agreed upon financial assurances shall be delivered to the City prior to issuance of the building permit. All financial assurances given by Savanah to City, in all events, shall give the City the unconditional right, upon and following default by Savanah, after notice thereof by the City, and a forty day right thereafter to .cure, to withdraw funds as necessary and upon demand to partially or fully complete and/or pay for any of such improvements or pay any uncontested outstanding bills for work done thereon by any party, with any 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 Savanah. As portions of the required improvements are completed, the Public Works Director shall inspect them, and upon approval and written acceptance, he shall authorize the release 29 /....04-6--k VINSON & ELKINS L.L.R THE WILLARD OFFICE BUILDING ATTORNEYS AT LAW FIRST CITY CENTRE 1455 PENNSYLVANIA AVE.,N.W. - . 816 CONGRESS AVENUE WASHINGTON, D.C.20004-1008 - - AUSTIN,TEXAS 78701-2496 TELEPHONE(202) 639-6500 2500 FIRST CITY TOWER TELEPHONE(5121 495-8400 FAX 1202)639-6604 - 1001 FANNIN FAX(5121 495-8612 HUNGARIAN EXPORT BUILDING HOUSTON, TEXAS 77002-6760 3700 TRAMMELL CROW CENTER UL.VOROVSKOGO,21 TELEPHONE(713)758-2222 2001 ROSS AVENUE 121069 MOSCOW, RUSSIAN FEDERATION FAX(713)758-2346 DALLAS,TEXAS 75201-2916 TELEPHONE 011(70-95)202-8416 - - TELEPHONE 1214)220-7700 FAX 011(70-95)200-4216 - FAX(214)220-7716 • WRITER'S DIRECT DIAL 47 CHARLES ST.,BERKELEY SOUARE .(713) 758-2176 .BAGATELA 12 LONDON WIX 7PB,ENGLAND - 00-585 WARSAW,POLAND TELEPHONE OII 144-71)491-7236 - ,September 24 1992 TELEPHONE OII 148-21 625-33-33 FAX 011 (44-71)499-5320 P FAX 011 148-2) 625-22-45 1 . Mr. George Robinson OCT - 1 1992 City; of Aspen Parks Department c 130 South Galena Street �� Aspen, CO 81611 Dear George: Thank you very much. for listening to me with respect to the proposed bridge across Roaring Fork River upstream of Picnic Point. I know that you consider such bridge to be for some purposes to be at the ideal location but if you can see your way clear to move it upstream 30 to 60 yards and still satisfy your objectives, you would make the Mascottes and me very happy. - Set forth below are the addresses and telephone numbers of the Mascottes: John and Sarah Mascotte 1130 Black Birch Drive Aspen, CO 81611 303-925-6439 180 Maiden Lane New York, NY 10038 212-440-7365 I look forward to getting to know you better through the years. Again, I am grateful for your willingness to hear me out. Sincerely, .-Darrell C. Morrow 187/2247 . : . \dcm\robinson.ltr • . ' ''`f 1'7 t1.4•47.1 • I. • r•A''! • _ ('! , , SEP 22 Li i / •/4 ('■) ;'16,11, n_11••: it; t j 0;k' t ':; (.;1\:• • I '4.1 , 1 1 1(1, j() ;1■,;. . ;.; ' • !-I , ii:Itc;:1,■.c. • ; . ,•:, 4.` Y,1;: „ FOIL L \ $0/' ,. • f 4 41; ;p: ;;;,1 •: I, 1 • vc..4 1 (I, ., if, • -,•. ;s■ ;_1;. 1:3 \1°, „ ;—; •'.; S "11, 1. , ; ft tei .11 01•.,it \ft, •!C'Ji i; • iit .131,,, 1.k \t,t1).:) ;i,‘,.. 1444.1;..Y :46,1 ((:AO; iyz•L; t t'.)3 , ft• • h. Illi1)/ (;11S 4,1 ( 9' •• i 1 ,11111t ,; . 1 t..; Bett y Jaffe Weiss 100 East Bellevue #14E Chicago, IL 60611 P.O. Box 1595 Aspen, CO 81612 (312) 787-1045 1 (303) 925-2906 4 Vki • 77. 77-77:,,\-1 111 c / 6 ; SEP g 1992 0 / o �� � i-Nj,.t c C? • L Gtr • • ti � � � ` �f 1 } Y s . -0 , : a ..e .. . f, RUCE .KONHEIM ` �' '' f ,----------- 1130-WILLOUGHBY WAY . t t�`. Se) g ' --OR BOX 580 (992 i ir,' ASPEN, CO. 81611 ,.._g. (303) 925-2259 L, : August 29,1992 t City of Aspen Rebecca Baker, Parks Department 130 South Galena Street Aspen,CO. 81611 Subject: Planning & Zoning Commission - September 22, 1992 Stream Margin Review - Two Bridges over Roaring Fork Dear Rebecca, 1 , I reside at 1130 Willoughby Way and received your letter regarding a hearing concerning two proposed bridges over the Roaring Fork River from the Meadows. As a homeowner and one who has had a residence in Aspen for better than 15 years, I and my family are against this project. With so many die hard environmentalist and lovers of our natural environment who live hear, I am surprised this proposed project got as far as a hearing. When one speaks about Aspen, you picture the natural beauty of the landscaping as one of our biggest asset's. Now, it is proposed to cut that up to provide two bridges which would seriously deter from the beauty we now share along the Roaring Fork path. I can't believe the Planning and Zoning Department will consider such a rediculous proposal. There is no question in my mind that this will have a tremendous negative • Environmental Impact on the area. I will not be in town for the hearing, so please forward this letter to Leslie Lamont and all members of the Planning and Zoning Commission, to all the City Council Members and to Amy Margerum the City Manager. Personally your, .47 _ Bruce Konheim r„ `;- t x- r r" ^v tz. `fir "'.f'� . ,.. �C`' -s'4 ,��'-.,,, , ."� a *..t.... , ,. ,� ,�. _..�^ w `5xi. - -.r -Sb i3.' y"`" . ..---V, L l �.:,.. ..727..4.'2Y � �"sz , ,-fir '' ..• ' :-,-;•.1.7,,, -r..'`.; ^yr vr � .r -� "" n���..ti l.d • t , N i ` r4 ,, . .x`,T: . . M.,, s 5" +•.. tiz', _;. *. C¢' E. ms' . a ' 4r ..14-.:;:r.- - a F' ' ;-5 =' � _ 7 . .. r �afb i'Y fY L.., L } I. A"al°4.4 0 1114rPW OR 5Xf?"9. .... lit 111(611211 d-nU t ?,(_. ,a)(41,gaol. 6-4444 4(41'4444 641"C _ ,• "5.444Z4 ) cV a44t• a fit°4."(4 ?"°1°.g.., I 11.1,d1 4444a/10'a/12e aghta) Ile? 4../(-44-14 ' /1,4441-<- i agiA0 iii4, Aelz.447,5 doaddLIZ ! ...c4: Allid(44°. 0,1 ritt.I 0•4 4 4°".e i .P/u.„,,,...4.4...., t e .. 1 : : c9a414 444 eA' lAielfe i-.. mu.) "Sal... ile X610‘14"?"161 47 / 11‘104.:1114.41"..44174' ... i lea. .140ea. V .4744.64 figt44.4.‘ CC:11L1 x_ ! .• i P. O. BOX 7J68 ASPEN, COLORADO 81.612 • _ Li. J. _�� SEP 1 4 1992 JACK R. COURSHON 11 ++ i 700 CASTLE CREEK DRIVE ASPEN, CO 81611 _ (303) 925-1023 Mr. Patrick Duffield- • September 11, 1992 City of Aspen Trails Supervisor 130 South Galena Street Aspen, CO 81611 Dear Mr. Duffield: I received a letter dated August 20th from Rebecca Baker, City of Aspen Parks Department, notifying me as a homeowner at 700 Castle Creek Drive, of the Parks Department appearance before the Planning and Zoning Commission on September 22nd to consider placement of a 10-foot wide pedestrian/bicycle bridge on Castle Creek at the Meadows, a 10-foot wide pedestrian/bicycle bridge on the Roaring Fork River at Picnic Point of the Meadows and a 4-foot wide pedestrian only bridge at the eastern side of the Meadows on the Roaring Fork River across from the Betty Grindley property. Included with the letter was a Meadows vicinity map, which outlined the location of the three proposed bridges, as well as proposed trails. The letter refers to the bridges as a priority for "imple- mentation of the Aspen Pedestrian/Bikeway Plan, including develop- ment of the Castle Creek Greenway and Roaring Fork Greenway. " I would like my letter to go on record in opposition to the two proposed 10-foot wide pedestrian/bikeway bridges across Castle Creek and across the Roaring Fork River of the Meadows properties. I am not opposed to the installation of the 4-foot wide pedestrian only bridge across the Grindley property and the Roaring Fork River. The August 20th letter states that "the aforementioned projects were an integral part of. the Aspen Meadows planning approval process to provide greater public access to the Meadows property. " It so happens that I was an active participant in the meetings that resulted in the final Meadows/Non-profit land transfers. At the outset of the Meadows land process, the developer wanted to erect 21 townhouses in the area known as Picnic Point on the Meadows property. A substantial number of citizens and citizens' groups vehemently objected to this plan because it was our desire to leave one .of the last remaining natural properties in the City of Aspen in its pristine state. We succeeded in prohibiting the developer from improving that property. In my opinion, any attempts to impose these 10-foot wide bridges across the Roaring Fork and Castle Creek waters, along with the future proposed expansion of trails along the west side of Castle Creek, would impair and destroy the last remaining pristine wetlands and woodlands in the City of Aspen and create the very problem we prevented the Meadows t � JACK R. COURSHON AA 1 700 CASTLE CREEK DRIVE (i i i 1 4 Ni ASPEN, CO 81611 parks Department (303). 925-1023 p;:a ks Department (303) 925-1426 Mr. George Robinson, Director October 6, 1992. Aspen Parks Department 130 South Galena Street Aspen, CO 81611 - Re: PROPOSED CASTLE CREEK/PICNIC POINT BRIDGE AND TRAILS Dear George: The purpose of this letter is to confirm several of the discussions and meetings that we've participated in over the . last few weeks regarding the above matter. At the Planning and Zoning hearing on September 22nd it was the decision of the Commission (by 4-2 vote) to delay stream margin review and to defer the construction of the Castle Creek bridge at Picnic Point until the Commission received and reviewed a Wildlife and Trail study and plan. Immediately following the meeting I met with you and Patrick Duffield, where you informed me that you were thus mandated to come up with this study, including the retaining of wildlife experts. You suggested that the participation of interested citizens and citizen groups would be both welcome and desirable, since it afforded all parties an opportunity to contribute to the study and review, which you anticipated will be completed around July of 1993 . You also suggested that broad participation in the Park' s Master Plan process addressing trail issues would be desirable. In that spirit and with particular regard for the Wildlife and Trail study called for as a condition precedent to further consideration of the Castle Creek/Picnic Point bridge, we would appreciate it if written notice of all such meetings pertaining to these two studies (Park' s Master Plan process and Castle Creek Wildlife Trails) be mailed to the following interested citizens and citizen groups, to wit: Don and Carol Ann Kopf, President Castle Creek Drive Homeowners Association 770 Castle Creek Drive Aspen, CO 81611 Jack R. Courshon, Director Castle Creek Drive Homeowners Association 700 Castle Creek Drive Aspen, CO 81611 TO: Mr. George Robinson, Director Aspen Parks Department RE: Proposed Castle Creek/Picnic Point Bridge 10/6/92 Jim Roush and Cynthia Wayburn, Directors Castle Creek Drive Homeowners Association 740 Castle Creek Drive Aspen, CO 81611 Bill Gruenberg, President Black Birch Homeowners Association President, Trout Unlimited - Aspen Chapter P.O. Box 704 Aspen, CO 81612 Felix Pogliano, Director Black Birch Homeowners Association 1110 Black Birch Drive Aspen, CO 81611 Allen Cznkusch Colorado Division of Wildlife c/o Kirshner 300 Puppy Smith Street, 205-278 Aspen, CO 81611 All of us share in the common belief that the heavily wooded area west of Castle Creek between the Roaring Fork River and Highway 82 is the last remaining sanctuary corridor of fragile wetland and riparian wildlife habitat in the City of Aspen which should not be disturbed, impaired or destroyed through human intrusion. We are mindful of the need and benefit of pedestrian and bikeway trails around Aspen and of the City's desire to have such access to Picnic Point, recently purchased by the City of Aspen. However, I would like to make two points in this regard: 1- The area in question is zoned "wildlife preservation" -- not residential, not industrial, not commercial. This zoning should be preserved. 2- Access to Picnic Point is adequate now and will be more than adequate from all directions in the future when the Roaring Fork and Grindley bridges are built. The Roaring Fork bridge will provide bike and pedestrian access to Picnic Point from the north off Rio Grande trail and the Grindley pedestrian bridge will provide additional access to Picnic Point from the north. This is in addition to the existing access from the south via 7th Street, leading directly to the Meadows property, as well as the walking and bike trails in existence between the Music Associates and Aspen 2 . o TO: Mr. George Robinson, Director Aspen Parks Department RE: Proposed Castle Creek/Picnic Point Bridge 10/6/92 Institute properties. In point of fact, the new Roaring Fork bridge access will complete a "loop" of access to Picnic Point to anyone who wishes to go there from any point on the compass. To provide still another access point through our valuable fragile wetland and riparian habitat area of west Castle Creek is, in our opinion, "overkill" . It will destroy the very benefits we are trying to preserve in the Picnic Point area. Looking forward to working with you and Patrick on this very meaningful process and awaiting your Notices of further meetings. Cordially, Jack R. /bourshon 700 Castle Creek Drive Aspe , CO 81611 cc: Don and Carol Ann Kopf Jim Roush Cynthia Wayburn Bill Gruenberg Felix Pogliano Allen Cznkusch 3 III • TO: PATRICK DUFFIELD RE: PEDESTRIAN/BIKEWAY PLAN 9/11/92 developer from doing. I can assure you that property along the west side of Castle Creek from Power Plant Road all the way down to the Roaring Fork River is heavily wooded. The principal occupants of this property, besides the trees, bushes and wildflowers, are an extensive population of deer, red fox, racoons, as well as a variety of native fish. What are not there are people. What we don't need are additional trails in this pristine area which will bring about the usual people-created trash and disorder to this natural area. A substantial portion of this area is wetland and all of this is wild, with the exception of Picnic Point on the Meadows property. There is already ample access by both road and trails to the Meadows property for anyone that cares to visit same. Any expan- sion of access to that property is unnecessary and in my opinion will be terribly detrimental to the natural aspect of the area. Moreover, any attempt to expand pedestrian/bikeway trails, referred to as the development of the Castle Creek Greenway, would absolutely destroy this primitive lowland along the west side of Castle Creek. In my opinion, all efforts should be directed to maintaining this last remaining pristine wildland of Aspen in its natural state, rather than exploiting same. I am hoping to attend the meeting before the Planning and Zoning Commission on September 22nd, but if not, I wanted this letter circulated to you and the other recipients noted below to express my views on the bridge proposals. I have already discussed this matter with several other of the property owners along Castle Creek Drive, whose properties include the lowland wooded area abutting Castle Creek and without exception their feelings on the subject are the same as mine. I might add that I am very much in favor of our pedestrian and bike paths in general, as they now exist, but where they intrude in existing wooded areas and wetlands or directly aside the course of our rivers and creeks, I am very much opposed to their extension in those areas. Cordially, 4 k R. Courshon 2 1110 Black Birch Dr. Aspen CO 81611 September 8, 1992 Mr. Patrick Duffield • RECEIVED City of Aspen Trails Supervisor 130 So. Galena St. SEP 1 4 1992 Aspen CO 81611 City Mapager/Mayor's Office Dear Mr. Duffield : This is in response to Ms. Rebecca Baker' s letter of August 20, inviting comments regarding the three bridges proposed for the Roaring Fork River and Castle Creek in the riparian area owned by the City of Aspen. While the opinions expressed are primarily Bill Gruen- , berg' s and mine , they also represent the concerns of • other Black Birch Estates neighbors, many of whom will attend the Stream Margin Review on September 22. Our reaction to the overall concept is that it would result in overdevelopment of the only pristine , almost wild riparian area within the city limits. 10- feet wide bridges strongly suggest that paved bicycle • paths will inevitably follow--"citified" amenities com- pletely out of character with the unique quality of the area. With the exception of the sage terrace south and southeast of the confluence and the narrow, grassy bench on the east side of Castle Creek, most of the 25 acres is heavily forested, thick with underbrush 'and deadfalls. Tn addition; the south half of the land on the west side of Castle Creek is composed largely of beaver dams, • marshes, the Tagert Ditch, other spring-fed ditches, and other wetland features. The very act of constructing paved pedestrian/bicycle paths through these areas would result in irreparable damage to "the environment. Our opinion is that this riparian area, even with improved paths, would offer limited biking potential and would not be a very satisfying experience , particu- larly for family/kid cyclists. Instead, it lends it- self perfectly to pedestrian exploration. Contrary to the plans prepared by Recreation Engineering & Planning, there are no gravel trails (except for vestiges of the old steep road running up to the Meadows). The exist- .. ing paths are little more than game trails worn in the grass--in many places largely overgrown. Given these conditions, we must label the proposed • 10-feet wide, 100-feet long bridge at Picnic Point as unnecessary, expensive overkill. In the first place, there is no "existing gravel trail" on the south side of the river to connect to; secondly, the so-called Grindlay Bridge farther upstream makes a Picnic Point • • September 8, 72 Page 2 bridge redundant and, with its 4-feet width, would cross the river with minimal impact on the river banks during construction: and in its finished state . The Grindlay Bridge accesses the same areas: upstream to the Meadows along the North Star trail, and downstream to Picnic Point. Since there is already access to Picnic Point from the Meadows (utilized regularly by locals and visi- tors alike) the cumulative impact of three ways to reach ' the same area would be destructive in terms of people traffic, aesthetics and the environment. Our strong recommendation, therefore , is to limit the number of bridges to one--the 4-feet wide Betty Grindlay Bridge . As far as the proposed Castle Creek bridge is con- cerned, we cannot understand the reasoning behind a 10- feet wide bridge to nowhere . As pointed out previously, the conservation land on the west side of Castle Creek is composed of wetlands, thick forest and underbrush. Construction alone would be extremely difficult and perhaps not even permitted because of the sensitive nature of the river banks . The proposed location is slightly upstream from the old foot bridge that was washed out during the 1984 runoff. There are intermittent ditches on the west side that run during high water; the remains of sandbags used in 1984 and 1985 to reduce flooding in Black Birch Estates are still in evidence . The west side of Castle Creek is home to beaver, muskrat, fox, raccoon, deer, ducks and otry r species of birds. They are one of the important reasons the ripar- ian area is unique and they should not be disturbed. Finally, the north end of the west side is a dead end, comprised of Black Birch private properties: Lots 9, Tract B, newly enlarged Lot 10, and 870 feet of private road leading to Red Butte Drive. We hope we have given you several reasons to re- consider your proposals for this important City property and thank you for giving us the opportunity to comment . Sincerel N Felix ogl no Bill . Gruenb- cc: Amy g Ma.r erum, City Mgr. Leslie Lamozit, Planning dffice Rebecca Baker,Parks Dept. John Bennett, Mayor City Council members Hal Clark, Parks Assoc . Tom Ca.rdamone , ACES • Alan Czenkusch, DOW Gary Lacy, Recreation Michael C'laffey, Army Corps Engineering & Planning of Engineers • • Li Pitkin Green Water Association • P.O. Box 10179 t E SEP 1 519\,\, Aspen, Co_ 81612 I w = r`j S i September 1, 1992 Rebecca Baker Parks Department City of Aspen 130 South Galena Street Aspen, Colorado 81611 Dear Ms. Baker, I am in receipt of your letter of August 20th and attachment thereto. Please be advised that I am authorized by the Pitkin Green Board of Trustees and the Homeowners Association to express our opposition to the two bridges and picnic site that you have proposed. Our reasons are quite simple. We believe additional traffic to the Roaring Fork trail area would make a crowded trail area even more crowded. The riparian area would be compromised by the building of a picnic site and the access of people from across the river via the proposed bridges. This is a Pristine area that everyone enjoys and wants to preserve. The additional traffic generated by the two bridges and the picnic site would compromise the quality of the environment and the area. Since Pitkin Green abuts this area we would be directly impacted by the additional traffic. Therefore register our opposition to this proposal. Sincerely'yours, Cl/" Morton Currentz Trustee Pitkin.Green Board of Trustees cc: Amy Margerum, City Manager Leslie Lamont, Planning Office G. James Roush $i tti . 740, Castle Creek Drive " S � r Aspen, CO 81611 2 i 1992 Septemr--17;1-992! Mr. Patrick Duffield .City of Aspen Trails Supervisor • 130 S. Galena Street Aspen, CO. 81611 • • Dear Mr. Duffield, • I am responding to a letter from Rebecca Baker of the City of Aspen ' Parks Department dated August 20, 1992 concerning three .bridges - two across the Roaring Fork River and one across Castle Creek. I am ' opposed to both of the 10 foot wide pedestrian/bicycle bridges and would like this letter to go on record to that effect. Following are my reasons. I am opposed to the 10 foot wide bridge across the Roaring Fork because it basically duplicates the 4 foot wide pedestrian bridge which gives equivalent access to Picnic Point and the Meadows Property. It is a waste of taxpayer money to build both and the 4 foot wide bridge will impinge much less on the natural area along the Roaring Fork River and presumably cost much less. The proposed bridge across Castle Creek and the development of a "Castle Creek greenway" .is particularly objectionable and inapprop- riate. The west side of Castle Creek is a valuable riparian area • and completely undeveloped = the only wild, place 'of its size that I know,.of in the Aspen city limits. It is home to deer, fox, hawks and many species of song birds. To put a trail through this area • with its accompanying human traffic, trash, dogs and noise would destroy this area as wild habitat. In addition there exist alterna- 'tive routes past the Meadows Property connecting the Rio Grande trail system to trails on the other side of Highway 82 (i.e. the Marolt Park trails. ) In my mind it would be a travesty to put an unneces- sary trail through this one remaining wild area. Such a development is additionally onerous since riparian habitat is the most threatened and at the same time- the most valuable habitat state' and county wide. • I would much rather see the city parks department working to protect this one unique wild area rather than planning to invade it. Sincerely yours, • G. James Roush cc: Jack Courshon Bill Gruenberg • • Don and Carol :Ann Kopf • 3 SEP 2 11992 \AL- 4674 Meadowood Dallas, Tx 75220 17 September 1992 Mr. Patrick Duffield City of Aspen Trails Supervisor 130 So. Galena Street Aspen, CO 81611 Dear Mr. Duffield, We own a residence at 80 Overlook Drive in Black Birch Estates. It recently came to our attention that the City of Aspen has proposed building three bridges in the Roaring Fork River and Castle Creek riparian area. We will be unable to attend the 22 September meeting of the Stream; Margin 'Review, but we wish to express strenuous opposition to these proposed bridges. As we understand it, the proposed bridges are (1 ) a 10-ft. wide, 100- ft. long bridge at Picnic Point, (2) a 4-ft. wide "Grindley" bridge upstream from the Picnic Point Bridge, and (3) a 10-ft. wide "Castle .. .' Creek" bridge. These bridges would presumably lead into some 25 acres of wild and pristine riparian area. The area we are familiar with is heavily forested and thick with underbrush. Opening the area up with the proposed bridges suggests that paved b icycle paths would almost surely follow. We feel that the layout of The acreage under consideration would not lend itself to biking trails since it is comprised mainly of wetlands, thick forests, and underbrush. To create either biking or walk paths, much of the existing foliage and plants would have to be removed. As it exists now, the site is home to deer, foxes, muskrats, raccoons,, ducks, and many species of birds. Any increased traffic through this area would force these animals out and would also cause irreparable damage to the fragile environment. When we purchased our home in February of.1991 one of the • • • attractions of the location was this protected riparian area. Since it is the only wild riparian site within the city limits of Aspen, the spot is a wonderful and unique place to explore and enjoy just as it now exists. We feel that the overall concept of placing bridges into this wild riparian area, opening it up to increased traffic and development, would lead to the destruction of this unique habitat. Thus, we sincerely hope that you will understand our objections and reconsider your proposals for this property. Sincerely, Steve and Alexis Spiritas cc: Felix Pogliano, Black Birch Estates Amy Margerum, City Manager Rebecca Parker, Parks Dept. Gary Lacy, Recreation Engineering and Planning Leslie Lamont, Planning Office John Bennet, Mayor Hal Clark, Parks Association • 0 0 r— ' way , -.1 ('-'11n tiLIZ- 1,_ ,,i. A__ V.---1--s,_ ' September 23, 1992 ,Pi�Ct)" k Ld kirt;ucty_ , C) r City of Aspen Parks Department ' ho_A)--c.T25ti-A— v't ()---AA-A/21- Attn: George Robinson 130 South Galena Street . Aspen, CO 81611 . Dear George: - \ : The undersigned homeowners in the West End want you to know how pleased we are with the , unanimous approval last night by the Aspen Planning and Zoning Commission for the new "Picnic Point"bridge. This bridge will link the Rio Grande Trail to the new City open space adjacent to the Meadows and the entire West End. We are all excited about this new trail in that it will create a beautiful non-Vehicular trail loop for all of us to access town and even down valley. It is a great step forward in a City wide trail system and should even reduce vehicular traffic in our neighborhood. We encourage the Parks Department to.move ahead with the bridge and trail as soon as possible. Very sincerely. CA.atip?c' 77/&.7-L._�•lIZ/ ' ! J? -2 Nt' ' ' u� L_.. _--ice i i - ) t ,-;�,'\ `-1 C ;% ci_�..�= �,- `" C .--,i/.-e_,�. (L,--1 , ,,,..( / , \\\....(' c.,,, LC&Q,, ,' i_ '.--e-Lta___,' ., - c. 7 " " ii'Ic . ter _ r, ' ) ,), • • 130::!'"'".4'0 � �°° � treet Ass ._' goo `co` -. 611 - � T• September 30, 1992 Mr. Samuel J. Caudill FAIA PO Box FF Aspen, Colorado 81612 Dear Samuel: Thank you for addressing your concerns in regard to possible new trails in the Aspen/Pitkin County area. The City of Aspen is also concerned with protecting riparian habitats and will incorporate your concerns in the planning process. Your letter dated 9/10/92 has been forwarded to City Council and staff. We appreciate your concern and input. Sincerely, Bill E ting Asst. City Manager cc: Mayor and Council Amy Margerum, City Manager City Staff ®RRiRtEOQV RECVCIEDVoER � � •• \., _IL, • .r,,..;:r.:„,,,,:::.,m,r2,,,., as.:..,x . '�� Gam,,e)-- ___, , ,. :,:,„,..,,... ,..,..:.: ., l CAN I '''°_ , ,, 4. maw -,-,f, ())\ - ,,,.,,,..,,„... ,,, _ ,,,,. , r\__September 10, 1992 7 ( I -Q. V 7 .p94/ The Aspen City Council �� 130 South Galena Street `�'' Aspen, Colorado 81611 VP‘ ) • RE: Trails My Friends and Honorable City Council Members: I'M quite concerned about plans for new trails in the Aspen/Pitkin County area ... specifically the ones designated for 1010 Ute, picnic point on the Meadows property and across Castle Creek. As a member of the Colorado Wildlife Commission (8 years) and the Colorado Water Quality Control Commission (4 years), I addressed the issue of riparian habitat, which was a high priority for the State. Riparian habitats provide living space for many mammals, birds and fish. The bio-diversity encompasses many species including aquatic and terrestrial species which are a food base for our Colorado fishery resource. To,impact these priceless riparian habitats with trails is a step in the wrong direction due to human disturbance and erosion. Erosion degrades ground cover (vegetation) and when the silt enters the water course, it destroys the aquatic life food base, which in turn destroys the aquatic life including the fishery. AD of our riparian habitats should be jealously guarded protected and enhanced if we are ever going to attain sustainability in the world. Protection and enhancement of riparian areas must be considered in the same context as hydro-power, geo-thermal heating,recycling,energy conservation techniques,auto-disencentives,acid precipitation,green building-systems, wilderness areas, mass-transportation systems and many other conservation program if we,j as a generation, are going to be able to leave a better,safer and more beautiful environment to future generations. This, my friends, must be our legacy. Prase seriously, CO Sider my request in regard to Our trail systems ... p1oiect and enhance our most 't'�� important riparian habitats. /s( 'm enclosing five (5) programs and registration forms for our 1992 AIA Centennial Conference for your (j�, formation ... Please attend! Thanking you for your consideration of my remarks and sending best regards, I remain Caudill .. ' on Ross & Associates Architects, P.C. „dir-- .4idrif Samuel .. G&W' FAIA Chair . n of the Board of Directors :AUDILL GUSTAFSON ROSS & ASSOCIATES P „- �� , � P l_:. P.O. BOX FF ASPEN. COLORADO 81 612 303-925-3393 mow^,�1 M�a{�sa,' r ,• ' .1eSLki?,... "�SFffi$.:m.,...-s�..t:sei_.,a.,aar..:..,t.-e.cr..e_a ,..,.ea., r..: { - cr..rar rsm:;=^aa, x .ar'.aire, 4 1110 aee4 _ . er a-rx2"--q Pa44-‘z 6-efrf, q2eI /47 vo-, ez-zer--e 674 _Tiee, 9eLe e -ew ne_zee . • :• , • • _ e2'" a /e m-exied, ice itee-Lp • ozadtp.40.- -/Ae2---Le . zu,:e:,M_ 74, • a-)72--er • ar L1- ( (-4eA /ezit-o , • • • Aheek • • • • • • , • w � 1L 411 410 4 t September 17, 1992 r.' Patrick Duffield • Aspen Parks Department 130 S. Galena Street The - Aspen, CO 81611 "$ Parks RE: 1010. Ute Trail Assoaation Dear Pat: • Amy Margerum asked whether the Pitkin County Parks Association had any comment on the, city's proposed bridge and six foot, paved trail to be located along the Roaring-Fork, Committed to the ,-.River behind the Ute Place condominiums. This matter was }iresenation ofparks 'discussed, at some length at our February 12, 1992- meeting, trails and,' tpen space wen Mr. 'George Robinson of your, department. "presented the in.the Roaring Fork.1-status-of"planning for the trail. It was discussed again at ti'alle°v. _ - . our March 12, 1992 meeting when Ms. Leslie. Lamont of the planning office discussed the status of negotiations regarding the construction of the trail. At both .of these meetings, the Board was unanimous in its determination that the new trail bridge should be installed across the Roaring ,>ork river to connect through Ute Place, to the main, multi- use trail which should be along Ute Avenue. The south trail -along the river should: remain an unimproved dirt trail roughly, 2, feet wide. As you know, the Parks Association is an avid supporter and guardian of parks, trails and open space in Pitkin County. However, to be consistent with this mission, we cannot blindly support trails in situations where to do so would adversely impact open space. The construction and use, of the proposed six foot wide, paved multi-use trail along the river will have significant impacts on a riparian zone located on the fringe of downtown Aspen. As you know, this river corridor represents a very important wildlife habitat for numerous species and therefore should be protected as much as possible. Additionally, this riparian system would be significantly impacted by the development of this proposed trail. The area is heavily vegetated with steep slopes end is subject to spring flooding. In addition, several encroachments along this proposed alignment would. require numerous detours projecting the trail even closer to the P.O. Box 940 r S Aspen,Coidag0�'I$l2\r.vT`ERs\ ASPEN PARRS 303-920-3806 • Patrick Duffield • September 17, 1992 . Page 3 e**- 1 , • Thank you for considering these comments. Very truly yours, The , THE PITKIN COUNTY PARKS ASSOCIATION Parks , Association By: Hal Clarks .Executive. Directo-r Committed to the By: FA C.CtUi a ,sks, preservanOn of parks, Fredekick F. Peirce, ' PédEi trails and open space in the Roaring Fotk Valley. FFP/sls cc: Amy Margerumc City Manager • P.O. Box 940 Aspen,ColoLSOitil ASPEN PARKS 303-920-3806 • • 1 . i 3 1010 UTE TRAIL RECOMMENDATIONS HAL SUMMARIZED THE STATUS OF THE 1010 UTE TRAIL . NEGOTIATIONS . THE CITY IS HIRING A CONSULTANT TO PROCEED ' �`•• WITH PLANNING THE NORTH AND SOUTH TRAIL ,(ALONG ROARING FORK a '` r. RIVER ) AND THE NEW TRAIL BRIDGE ACROSS THE RIVER. FUNDING • .- y HAS BEEN ALLOCATED BY THE CITY AND CONSTRUCTION' IS • SCHEDULED FOR SUMMER 1992. The - NEGO'PIATIONS WITH ADJACENT LANDOWNERS TO MOVE THE SOUTH Parks TRAIL TO THE EAST SIDE OF THE RIVER TO AVOID. SERIOUS i. TERRAIN AJD RIPARIAN CONSTRAINTS HAVE FAILED. . Assoaation " -. .. .. THE MAJOR 'P`LANNING DEBATE FOR THE TRAIL IS THE WIDTH OF THE • _SOUTH TRAIL. SHOULD IT REMAIN A NARROW 2' WIDTH =FISHERMAN 'TRAIL #"OR 'SHOULD IT BE DEVELOPED AS A STANDARD 10 ' WIDE PAVED TRAIL T (■zminitted to the pre.tri tionofparks, • JOHN DOkE==4US EXPRESSED SU'P-PORT FOR LIMITING THE"TRAIL TO 2 ' trails and open.spa ALONG THE RIVER. . in the Roaring Fork . Valley. FRITZ INQUIRED AS TO WHETHER A TIME LIMIT EXISTS FOR USE OF THE FUNDS PLEDGED BY THE 1`010 UTE DEVELOPERS FOR THE TRAIL?. GEORGE ROBINSON ANSWERED -A QUALIFIED "YES" , BY THIS SUMMER. HOWIE MALLORY ASKED AS TO THE APPROXIMATE COST OF THE - BR1DGE° A,ND TRAILS. GEORGE a"EPLIED THAT HE HAD NOT` RECEIVED ANY BIDS AS .11-0 THIS DATE. CHARLES FAGAN -MOVED AND JOHN DOREMUS SECONDED THAT THE NEW RIVER BRIDGE BE INSTALLED THIS SUMMER; THAT THE NORTH TRAIL TO. UTE AVE. BE BUILT AS A 10 ' WIDE PAVED TRAIL; AND THAT THE SOUTH TRAIL ALONG THE RIVER REMAIN AS A 2 ' WIDE FISHING TRAIL. THE CITY SHOULD CONTINUE TO INVESTIGATE THIS TRAIL IMPROVEMENT. THE BOARD VOTED UNANIMOUSLY TO APPROVE THE • MOTION. ENTRY TO ASPEN DESIGN THROUGH MAROLT. PROPERTY £JD EYLAR , PITKIN COUNTY ENGINEER , EXPLINED THE STATUS OF THE HIGHWAY ENTRY DESIGN. THE CITY OF ASPEN HAS PASSED A RESOLUTION •.REQUIRING A MINIMUM TAKING OF LAND THROUGH THE MAROLT PROPERTY FOR HIGHWAY 82. THE CURRENT DESIGN IS FOR AN EIGHT FOOT PAVED MEDIAN STRIP BETWEEN THE TWO LANES OF THE FOUR LANE HIGHWAY. P.O. Box 940 Aspen,Colorado 81612 . 303-q20-3806 • • July 28, 1992 Ms. Leslie Lamont City of Aspen Planning Department 130 S. Galena Aspen, Colorado 81611 Dear Leslie: Enclosed please find a completed Stream Margin Development Application for the pedestrian walking bridge located on the Roaring Fork River at Pitkin Reserve Subdivision and the Meadows Subdivision. This project is being proposed by the City of Aspen Parks Department through Gary Lacy - the authorized representative for the department. His address is 485 Arapahoe, Boulder, Colorado 80302; phone number (303) 440-9268. The project is located entirely on City of Aspen property, right-of-way, or easements obtained by the City. Please see the enclosed drawings describing the project and a local vicinity map locating the project within the City of Aspen. The information on these drawings should satisfy all of the requirements listed in attachments 2 & 3. This project is designated on the Aspen Area Parks/Recreation/Open Space/Trails Plan and is part of the Roaring Fork Greenway Plan. Please contact me or Gary Lacy with any questions or if you require further information. If the project is approved, we would like to begin construction in August, 199 . Sincerely, Patrick Du ld City of Aspen Parks Dept. cc: George Robinson Gary Lacy ATTACHMENT 1 v USE APPLIG TION FUF3�1( 1) Project Name Grindley Bridge 2) Project Location Lot 8 Pitkin Reserve Subdivision to Lot 4 Meadows Subdivision (indicate street acidness, lot & block number, legal description where appropri::te) 3) Present Zoning Floodplain 4) Lot Size N/A 5) Applicant's Name, Address & Phone # City. of Aspen-Parks Department . 1 130 S. Galena 'St., Aspen, Colorado 81611 920--5120 . • 6) Representative's Name, Address & Phone # Gary Lary, 485 .Arapahoe, Boulder, Colorado 80302 440-9268 7) Type of Application (please checdk all that apply) : Conditional Use Conceptual SPA Conceptual Historic Dev. Special Review Final SPA Final Historic Dev. 8040 Greenline Cbnceptual PUD Minor Historic Des/. x Stream Margin Final lul) Historic Demolition Mountain View Plane Subdivision Historic Designation' Opndcani nitm►i zat.ion Text/Map Amendment GM QS Allotment • Lot Split/Lot Line Q?,ZS motion Adjustment nt • 8) Description of Existing Uses (rnmrber and type of existing rrg stares; approximate sq. ft.; n.nnber of bedrooms; any previous approvals granted to the property) - There are no existing structures. • • 9) Description of Development Application See attached drawings and Response to Attachment 4. ff.f 10) Have you attached the following? • Response to Attachment 2, Minimum Submission Contents Response to Attachment 3, Specific Submission Oantents x Response to Attachment 4, Review Standards for Your Application . • . _ Responses to Attachment 4 for Pedestrian Bridge: Roaring Fork River at Pitkin Reserve Subdivision and the Meadows Subdivision Review Standards: Development in Stream Margin 1. The proposed replacement of the pedestrian walking bridge will not affect the existing 100 year floodplain or floodway. The low chord of the new bridge will be more than 2' above the 100 year flood elevation, reducing the chance of debris blockage. 2. All of the trails proposed are on the Aspen Area Parks/Recreation/ Open Space/Trails Plan and are dedicated for public use. 3. Recommendations of the Roaring Fork Greenway Plan are included in the project. 4. No vegetation removal or slope grade changes are being made that will produce erosion or sedimentation. All new cut and fill areas will be revegetated. 5. The proposed trails and bridges allow for natural changes in the river to the greatest extent possible. Some areas along the trail will be able to trap urban runoff pollution prior to it flowing into the river. 6. There will be no alteration or relocation of a water course. 7. No water course is being altered or relocated. 8. No permits are anticipated to be required for work on this project. • ' • : Ilk -...... : s ---- ------ie* -----------":7------------- .--.7-----------.__ 4400001.: • _ _ • • • "--- _ 4- ...___ _... .4.‘e -.- --..___— _--------- _"c - . _, 4% I:.._ -----''•-;---"-7--------- ,..„ ••• II 1 17.- -. .--------.— , ■ 0 • _ _ _ . , —.---__..........._.. ..._. 7 • :,, , illI i __._ ......._--7 ___ _ .--- . , „ • . •_ _ il i ____ .__. ` , -• • _____, • : __. _ —_ ,! , .) ....N. , , -- .) =. •__ , --- , . . , , t ',/,-• 7 . -- -- . / - --- .._.. , __,, ) 1 ., _ ‘ ___ • _ :ir-,.... NO ---- 1 i •. I I i ---,---- __"---- . 4 ,. ,-- • • i;1 , 1,•./ 0 i , ■ ' ..--—--..----- .---,---.-_—.— ''‘ ,01.." ,■..'--- -.'"'". . Ao, 4. g. Nil \‘......4_{.. „-.. ... . ,. •1•14. •• Niallp/Atty: Ilin IIIW —_____---- :••••••' 1 1 11' III! ..) mow . r • _.._ it ...• . 24.7\ _....,yiri . ... sminlii , .. .-- ,. -,,.I__!!I. 1.1.4hilli . ...., _,..11 .....in . ii - ...— / - —-- .! • Y ' ! 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' IQ 11 l':!:1 I I; •. : ! I: 1: • 1 II 1 ' r of! 1 • .. :.-:._- / . : , \ . \\ 11: Hi.i.' II : • .d '''.." .....v., . •I .: --- N) • " . .1 . ..,I I. • .__ L..!1..L 1 b IV- i ,Iii.•; HI': i i ./ \ ' e Ill•' ': l• s \..• k' . _ . t ... : : •••••••••••••, • . I la!il I ';■ liY __--. 0,1v i;ta. I . . •, ... •• i 8: Ilk ! it ' IllITIMI I II 7 ' TI Her • ..• , I rii '1 : II. 0 .. . •: 4: • —, • i 1 "I r 1. 1, , 1 .• !ill II . ,,,.. _yogi 11.11 11:111111 1 .i../ ;1 •,1 1 1 I ,r I • 1 1 1 !:.11 !Ii / 1 • :;: ii / ...... ,,• 1111 . 4..... . . I 0 ........, .....1 .. 1- . ;ohs._ . , „: ,., .6. _ ,.. .. I ' •.'h'.."14........,...::: : .• 1 111110_ I ii oli., II : ......__...„_ illi ,:.17-1 .., __..._ • ,. .._ . _... .... . .... . _... .• : . . . .. i 0 -- 0— o sa a � 3 kit N- ri . ! 00 0 t„ ta , 0,4.. ,„ Q cr i . \ o k Vi.g' I n v1 z c O m I C 5 ""'"t3 d a. CO d ov 9 L 1t1 1, I 7 . 1 a , k.1 v IN / 1\ 0,13 8 cct2 / ' •.T 3 S d •x24 ILI d 4 _i 0 I. • ' • N •fl) >,h— 4)••-• til ,L.ii x P � d 0 "3 4-+ 4:14 5 0 C = 3 L iff CA 2 o a Ei r-12 / .;3 t Ell- sh s 6-P 7 / M . 'n'grnpripi ,rnnp i 40 4 o o` . `o � I C7 i V co Q Cc/ / // Q x O _ O ei /1/ 7 / c T. d/ / N r- n. ' V \ 1 ` � 1 1 1 !1/ —191 • f • l'® � . CITY PEN ,.��� �'' `' 13 „ et 303-'ir,!f `'���•' �� rney 31 416',,, June 2 , 1992 Ms. Leslie Lamont Planning Department Aspen City Hall Aspen, Colorado Re: City of Aspen' s Stream Margin Review Application for Meadows Lot 4 Dear Leslie: At the request of the Parks Department, this is to notify you and confirm that the City is the fee simple owner of Lot 4 , Aspen Meadows Subdivision (see Special Warranty Deed at Book 667 , Page 864) . I hope this information is sufficient for purposes of processing the City' s stream margin review application. Very truly yours, Edward M. Caswall City Attorney EMC/mc jc62 . 1 cc: -%War s•:Deoartmen *. recycled paper Ilt Pitkin County August 26, 1992 Mr. Patrick Duffield City of Aspen Parks Department • 130 South Galena Street Aspen, CO 81611 RE: PICNIC POINT AND GRINDLEY BRIDGES Dear Patrick; Please accept this letter as formal permission by Pitkin County, owner of what is known as Lot 8 of the Pitkin Reserve Subdivision, to the City of Aspen to proceed on the submission of a land use application for two footbridges across the Roaring Fork River. The bridges have come to be known as the Grindley and Picnic Point bridges, and will connect the Rio Grande Trail to newly acquired City open space on the south side of the Roaring Fork River. I have reviewed the specific sites for the bridges in the field with you and understand that the County' s property will be required for both placement of and access to the proposed bridges. From our discussions concerning this matter, I further understand that the City agrees upon the following regarding the bridges: 1) If placement of the bridges are approved, the City agrees to obtain a Trail Easement from the County similar to the draft document enclosed with this letter for both bridges; 2) 0 This letter in no way binds the County to the contribution of any funding, equipment or staff time for construction, repair or maintenance of the bridges. However, this letter does not preclude the City from approaching the County in the future concerning contribution to these community projects. I hope this letter is satisfies your requirements regarding the pending land use submission. Please contact me if you have any questions. Administration , County Commissioners County Attorney : Personnel and Finance. Transportation- 530 E.Main,3rd Floor Suite B - Suite I Suite F Facilities" Aspen,CO 81611 , 506 E.Main Street . '530 E.Main Street - 530 E.Main Street - 76 Service Center Road .= (303)920-5200 Aspen,CO 81611 ;,, .Aspen,CO 81611 - :Aspen,CO 81611. 0 Aspen,CO 81611, FAX 920-5198 ,(303)920-5150 (303)920-5190 (303)920-5220.iz - (303)920-5390 • printed on recycled paper 0;;=- 11) TRAIL EASEMENT THIS GRANT OF EASEMENT is made and entered into by the County of Pitkin, Colorado, a political subdivision, 506 East Main Street, Aspen, Colorado (Grantor) , and the City of Aspen, a municipal corporation, 130 South Galena Street, Aspen, Colorado (Grantee) . WHEREAS, Grantor is the owner of a certain parcel of land located within the City of Aspen, Colorado, described in Book 477, at Page 644 in the Records of Pitkin County, Colorado, known as Lot 8 of the Pitkin Reserve Subdivision; and, WHEREAS, Grantee desires to obtain a. perpetual easement over, under and across Grantor' s parcel for the construction, installation, maintenance and public use of a foot trail and bridge over the Roaring Fork River. NOW, THEREFORE, for and in consideration of the mutual covenants and obligations contained herein and the payment by Grantee of Ten Dollars ($10. 00) , the receipt and sufficiency of which is hereby acknowledged by Grantor, Grantor does hereby grant, sell, and convey to Grantee a perpetual easement to construct, install, maintain, repair, remove, replace and open to the public use a trail easement along and across the Easement Premises situated on Grantor's parcel as described above, and more particularly described as follows: A strip twenty "(20) feet in width over, under and .across the Grantor' s parcel centered on and extended ten (10) ' feet either side of a trail centerline to be determined in the field, in such a manner that at all angle points along the centerline, and at the point of beginning to the point of terminus, the exterior boundary lines of the strip shall lengthen or shorten as necessary to form a continuous strip exactly twenty feet in width. Said trail and bridge shall follow generally as depicted on the Map of the Pitkin County Trail Easement attached hereto and incorporated herein as Exhibit "A" . The Grantee shall be responsible for surveying the centerline of the completed trail and bridge and record said survey with the Clerk and Recorders Office. - _ - Grantee shall have all other rights and benefits necessary or convenient for the full use of the rights granted herein, including, but not limited to, full rights of ingress and egress over and across the property to and from the easement. However, Grantee acknowledges that any said portion of the Easement Premises and Easement as granted herein may be once again utilized by the County for transportation purposes, and any improvements placed - within the easement may be removed or replaced by the County at any time to facilitate transportation use of the property. Grantee further acknowledges that the grant of easement as provided shall not ; unduly interfere or disturb the rights, use and occupancy granted to the Aspen Consolidated Sanitation District or the. City • • ti of Aspen in the Easement Premises. Grantee's trail and all associated facilities, including the bridge, shall be constructed, installed, maintained, and operated in a safe and workmanlike manner and in such a way as to avoid damage to Grantor's property or to the surface, trees, shrubs, or other vegetation caused by the installation, repair, removal or maintenance of the trail. In the event that damage to Grantor' s property or to the surface, trees, shrubs, or other vegetation is caused by the installation, repair, removal or maintenance of the trail, the attendant facilities shall be restored or replaced by Grantee to the satisfaction of Grantor. Grantee further agrees to obtain all applicable permits and approvals for construction of the trail, including local land use approvals, local development within a known floodplain permits, applicable state permits (Fugitive Dust Permit) and applicable federal permits (U. S. Army Corps 404 Permits) prior to initiation of any work within the Easement Premises. Grantee, within its legal ability to do so under the Constitution of the State of Colorado and it home-rule charter and without any way or manner intending to waive or waiving the defenses or limitations on damages provided for under and pursuant to the Colorado Governmental Immunity Act (Sub-section 24-10-101 et seq. , C.R.S. ) , the Colorado Constitution, its home-rule charter or under the common law or the laws of the United. States or the State of Colorado, shall indemnify and hold harmless the Grantor against any and all damages which are recovered under the Colorado Governmental Immunity Act and reduced to final judgement in a court of competent jurisdiction by reason of negligent act or omission by Grantee, it agents, officers, or employees, in connection with this easement. Grantor warrants and agrees to defend the title to the Easement Premises as conveyed herein. Grantee will in no way hinder or prevent the proper and reasonable use and enjoyment of the property through which this easement is granted and Grantor shall enjoy, full use of the Easement Premises so long as such use does not interfere with the installation, maintenance and use of the Grantee' s trail. Grantor reserves the ability to relocate the trail easement and trail to another portion of the property or to adjacent properties if required by any future use proposed for the property. Grantor shall have the sole ability to determine that such a relocation is - necessary and will conduct said relocation at it ' s sole expense. This grant of easement shall run with the -land and shall be . binding on and shall inure to the benefit of the parties to this agreement and their respective successors or assigns. The perpetual easement shall only expire upon abandonment of the trail located within the easement by Grantee pursuant to a formal resolution adopted by the City Council of the City of Aspen •r` • C } Y 410 • abandoning said trail and vacating the easement. The parties further agree that, if necessary, Grantor will reconvey by correction deed the rights granted herein when an as- built centerline description is prepared at the completion of all of the construction and installation as described herein. Grantee agrees to pay all costs required for developing said as-built trail centerline description, if necessary. Grantor shall be responsible for paying all costs related to reconveyance of the rights granted herein if. the trail and easement are relocatedon the Grantor's behalf. IN WITNESS WHEREOF, the Grantor and Grantee have affixed their duly authorized signatures on the dates as specified below. BOARD OF COUNTY COMMISSIONERS PITKIN' COUNTY, COLORADO By: Title: Date: ATTEST: THE CITY OF ASPEN By: Title: Date: ATTEST: } t Recorded at •click M. Reception No. ;f ..cor rlrI ra(JE J'.4 i THiS DEED,Made this r day of N"i k,Vr ,19 Yi m Q% I between PITKIN LTD. -1 •3 u -< -1� II W I la ).-1 -J 1 u a corporation duly organized and existing under and by virtue of the laws of w m ' J il o v d i the State i f Colorado,of the first part,and COUNTY OF PITKIN, STATE OF COLOR O m 1 V) a P .L X1 • 1I •r1 'b O a 0 'chose legal address is 506 E. Main Street, Aspen, Colorado 11 tr O of the • County of PITKIN u; iL c I State of Colorado,of the second part, co k o WiTNESSETH,That the said party of the first part, fm--arrd-irt-eettsid•ere- . •� ou o. I -tinnbf-14)4.gw4)4= from a donative intent • 4 v -D0-1. , i i 3 I 'trrte said lrsrty-et ate-€i-rsty�crb-�>aicLa}Lt� ;: afthe-seror*drmt7llte-eeeeii3L- v-liereef-is-trier-eb?:I ed 0) G , T 'CtStdERd-8eewledgeti• hath remised, releasedfse , conveyed and QUIT CLAIMED, and by these presents doth ,-1 .G o remise, release se17,agvey and QUIT CLAIM unto the said part y of the second part, its heirs and Z v r i assigns forever,all the right,title, interest,claim and demand which the said party of the first part hath in and to the 4..) ....1. following'described situate, lying and being in the County w . u of � P ITKIN and State of Colorado,to wit: • o w iI a. ai v !� Lot 8 of The Pitkin Reserve according to the .1-1 u I Second Amended Plat thereof recorded June 2.5, il aui w 1984 in Plat Book 16 at Page 15, et seq. , I. ..0 xu o City of Aspen, County of Pitkin, State of Colorado to GM ii a) x N NOTE: The parties hereto by their signatures below, and as a condition hereto, I 44-1 ao agree for themselves, their successors, grantees and assigns (a) that the pro- H v a perty hereby conveyed shall forever be and remain in its present natural state H .Z i and open space to the exclusion of any improvements or structures of whatsoever (! nature 'or kind, with the exception of non-vehicular paths and trails; (b) that is uoo.NO the foregoing limitation shall be deemed a covenant that runs with and burdens ;j w o the property hereby conveyed for the benefit of any and-all adjacent parcels or d v ,a O ; property now or hereafter owned by party of the first part, its successors, I orrao il . grantees and assigns, and (c) that the foregoing limitation shall be specifi- ii 4..i 0 1 cally enforceable by the owner(s) of• the property for whose benefit, as above . . v ,--1 it provided, this covenant is made, their successors, grantees and assigns, as H 4 ..1 W i v.. • well as°: the City of Aspen, State of Colorado, which is also an intended bene- • H a) ,� b ficiary hereof. o ou .J o a) I a H v b . li P (1r1-1 o u m u cd G. al G atsvkrtowrrrasatieet-a.,d ,umber II .,-1 G • -0 M o TO HAVE AND TO HOLD the same, together with all and singular the appurtenances and privileges thereunto Z (11 a) belonging;or in anywise thereunto appertaining,and all the estate,right,title;interest and claim whatsoever,of the said • •0 k party of the first part,either in law or equity,to the only proper use,benefit and behoof of said part y of the second I a o i ;' k q .-) part, its heirs and assigns forever. a) a) a1 T iN WITNESS WHEREOF,The said party of the first part hath caused its corporate name to be hereunto subscribed ;; ,-i on P by its Vice President,and its corporate seal to be hereunto affixed,attested by its 'ill'' .d ro p, Secretary',the day and year first above written. I' I,. •A4tMThis deed and particularly the open :j•a) O P I space covenant set forth above is accepted ,. ., it _ • P,ITKIN LTD. , a Colorado corporation Ii o s_ ; N N w 1 COUNTY ;O. ZKIN, ST T OF LO} fS�rY' 'i X 7 o // / f/r�nv o / j7 , ur /' '�SY' r'1CC President. 1 I • w G a) II -o-ai 7:1 , } .STATE OF COLORADO A E : 4 ss. J v PITKIN e' n I ,,n„,It,., County of Re •ert W. Hugh-s, Secr z tary . da of / fi/11 li ro � •� L.j(Tlie fTor^egVip�(instrument was acknowledged before me this day O 1 `: OIMi r� u -b a ; •19Y` • � (ICHARb- A. KNEZEVICH as Vice President.and . a) a) _ o v -o i-.. `.., �O C L\ 1�OBP�R.T W. HUGHES as Secretary of ' m 6 1 PITKpd 1LieY°a Colorado corporation. 11 - a) 1 e. c a corporation. i ,�f��r� �� p .i I My notaiSal'co'inmission expires �� m au) m Witness my hand and official seal. ;j • -r-i co ro I All / H cd N — —Notary Public. i i / No.108-B.:QUITCLAIM.DEED.—Corporation Form-Bradford Publishing Co.,Denver,Colorado—11-79 J