HomeMy WebLinkAboutordinance.council.051-90
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CITY OF ASPEN, COLORADO
ORDINANCE NO. 90-51
SERIES OF 1990
AN ORDINANCE ENTITLED: APPROVAL OF WATER
SERVICE AGREEMENT WITH THE RED MOUNTAIN PROPERTY OWNERS ASSOCIATION
WHEREAS, the City Counc11 has adopted, by Resolution No. 50 of
1989, a 1990 Water system cap1tal Improvements Program which
provided for the authorization of these capital improvements and
payment therefore by entering into Water Serv1ce Agreements, and
WHEREAS, the capital improvements contemplated therein
1ncluded extension of water service to the Red Mountain Property
Owners Assoc1ation property as descr1bed herein and located outside
the present municipal boundaries, and
WHEREAS, the Home Rule Charter for the City of Aspen,
Colorado, Art. XI, Section 11.3 prov1des that extensions of the
municipal water transmission lines beyond C1ty boundaries may be
author1zed by the City Council, such authorization to be by
Ordinance, and
WHEREAS, the city and the Red Mounta1n Property Owners
Association have negotiated a proposed water service agreement, to
provide for the extension of water service and the payment for the
necessary facilit1es to accomplish the extension, of the form of
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the draft agreement presented to the Council on January 22, 1990,
and
WHEREAS, no water service may be provided until approved by
the Board of County Commissioners of pitkin County in accordance
w1th Resolution 13-73 of pitkin County, and
WHEREAS, no extension of the water system may be provided
unt11 approved by the Board of County Commissioners of pitkin
County 1n accordance w1th land use regulations enacted pursuant to
H.B. 1041, and
WHEREAS, the necessary Board of County Comm1SS1oner approvals
for 1990 Water System Capital Improvements Program were granted,
and
WHEREAS, by Ordinance No. 90-7, finally adopted, passed and
approved on February 26, 1990, the City Counc11 approved the
extens10n of water service to the Wexner property located outside
the present municipal boundaries clnd further approved the draft
Agreement attached to Ordinance No. 90-7 as Exhibit 1, and
WHEREAS, it has been necessary to revise, amend, and
supplement certain of the provisions and Exhib1ts contained in the
draft Agreement prev10usly presented to the City Council, and
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WHEREAS, a Final Water Service Agreement has now been executed
by the Red Mountain Property Owners Association and should be
executed by the city.
NOW THEREFORE, be it ordained by the City Council of the City
of Aspen, Colorado,
SECTION 1
The city council hereby finds that the extension of water
service to the Red Mountain Property Owners Association property is
1n the best 1nterests of the C1ty, promotes the public health and
safety of water users connected to the Aspen Mun1cipal Water
System, that the necessary county approvals have been granted, and
that the f1nal Water Serv1ce Agreement, attached hereto as Exh1bit
A, is 1n proper order. The Mayor and the C1ty Clerk are hereby
d1rected to execute on behalf of the City the final Water Service
Agreement with the Red Mounta1n Property Owners Assoc1at1on.
SECTION 2
If any provision of this ordinance is for any reason held
invalid or unconstitutional by any court of competent jur1sdiction,
such provision shall be deemed a separate, distinct, and
independent provision, and such holding shall not affect the
val1dity of the remaining portions hereof.
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SECTION 3
A~U~I;~ ~earing on the
~7 ' 1990,
city Hall, Aspen, Colorado.
~
ordinance shall be held on
in the city Counc11 Chambers, Aspen
INTRODUCED, READ AND ORDERED published as prov1ded by law by
th~ City council of the City of Aspen, Colorado, at ~
~~, 1990.
ATTEST:
~c~k/
City Clerk
~;(~.
William L. St1rl1ng
Mayor
FINALLY, adopted, passed and approved on ~- 9
1990. r::7 71"
ATTEST:
)/4
(Q/p/w rmpOll ord)
Exhibit A to Ordinance No. 90- ~ f
WATER SERVICE
AGREEMENT
THIS WATER AGREEMENT is entered into this ~day of~
19~, between the City of Aspen, Colorado, a Colorado
municipal corporation and home rule city (hereafter "City"), and
the Red Mountain Property Owners Association (hereafter
Association"), and the fourteen (14) below-named
individuals,all of whom are Lot Owners in the Red Mountain Subdivision or
the vicinity of a portion of that Subdivision (hereafter "
Owners").
WITNESSETH WHEREAS, the Owners desire City water service, as
described in Exhibit A, for Lots iA and 1 through 13 of Block 1 and Lots
1 through 6 of Block 2, Red Mountain Subdivision, and
three unsubdivided tracts adjacent to Block 2, County of
Pitkin,Colorado, including 1422 Red Mountain Road (hereafter
the Lots"), all of which are located outside the incorporated
limits of the City, but within Service Area 3 of the water system of
the City;
and WHEREAS, water service for the Lots has required
the installation of certain water mains paid for by the Owners and
as described on Exhibit B hereto and will necessitate
the installation of certain additional water mains and
facilities, as described on Exhibit A hereto and shown on Exhibit
D hereto; and
WHEREAS, the both the City and Owners will be benefitted
when the additional general, area-wide improvements, known as
the Red Mountain System Upgrades", and as specifically set forth
in Exhibit C, are accomplished in an expeditious manner and
each party agrees to use its best efforts to implement
those improvements;
and WHEREAS, ~23-56(b) of the Municipal Code of the
City of Aspen, Colorado (hereafter "Code") requires that the
extension of water service outside of the boundaries of the City shall
be made pursuant to an agreement with the City, that the City
shall not be obligated to extend such service and may provide
such service only upon a determination that it is in the best interests
of the City, and that the City may impose such requirements by
bond or agreement as the City determines are necessary to
protect the best interests of the
City; andWHEREAS, §23-56(c) of the Code provides
that all persons requiring the extension of existing water
mains shall be responsible for the full cost of such water
main extensions and of any connections thereto, and shall fully comply
with all other water main extension policies of
the
WHEREAS, the Water Main Extension Policy of the city
prohibits any water main extension without providing for the
costs of such an extension by agreement with the City, and in the
case of an extension outside the City limits, without approval by
City Council and without a water service agreement; and
WHEREAS, the City has determined that this Agreement and all
covenants herein are necessary to comply with §§ 23-56 of
the Code and the Water Main Extension Policy of the City and
to obtain water right, right-of-way and water
system benefits for the City, and the City is not entering this Agreement
as a public utility nor holding itself out to the public
in general as capable of or intending to
provide water
service extraterritorially; and WHEREAS § 23-44 provides for the rating
of new or expanded water service based on potential water
demand as expressed in equivalent capacity units (
hereafter "ECU"), authorizes the director of the Aspen Water Department to
make a separate ECU determination if the type of water service does
not fit into the enumerated categories of potential
demand, and further provides for a schedule of utility connection charges
per ECU according to the service area in which the new or
expanded
WHEREAS, no connection to a City water main may be made
without a utility connection permit as provided by S 23-57 of
the Code and without payment of all utility connection and
hook-up charges then in effect under §§ 23-58 and 23-61
of the Code; and WHEREAS, §23-56(g) of
the Code requires, where appropriate,the dedication of water rights for
new water service whether or not such new use requires a new
or enlarged utility service; and WHEREAS, the City desires to
encourage the use of existing irrigation water rights and raw water
supplies for the purpose of lawn and other outside irrigation so
as to reduce the dependence on treated water for this purpose and
to minimize the costs of providing treated water service in Service
Area 3
and to the Lots; and WHEREAS, the City Council of
the City of Aspen has authorized the extension of water utility
service
to the Lots by Ordinance.NOW THEREFORE, in
consideration of the premises, mutual promises, and covenants contained
herein,
WATER MAIN EXTENSION PROVISIONS
1. The City hereby agrees to provide water service to the
Owners' lots in the Red Mountain area, upon the terms and
conditions of this Agreement.
2. The Owners executing this Agreement and Trustees of the
Association as trustees but not personally shall pay to the City
the lump sum of $159,530.00, and will also cause the Association
to convey to the City all of the Owners' water system, including
those facilities described in Exhibits B and E, as full payment
for the cost of water main extensions, connections thereto, and
additional treated water storage necessary to service the Owners'
Lots, and as full payment of utility connection charges under
23-58(b) of the Code. It is understood between the
parties that the Trustee of the Association and the Owners executing
this Agreement will have to secure unanimous Association approval
or Court approval to bind all Owners to this Agreement.
The Trustees will promptly secure such approval and the City
will cooperate in such process. Such payment and conveyance shall
be made within 30 days of the date of this Agreement.
The 159,530.00 shall be divided among the several Owners as
follows:a)The undeveloped portions of Lots 11, 12, and
13,Block 1, on Wright's Road on which there is
not yet a building will receive an ECU
consistent with the current plans and
specifications.
b)The Director of the Aspen Water Department shall
make a physical inspection and inventory of the
existing structures on the remaining Lots, and
assign an ECU rating to each Lot, in accordance
with § 23-58 of the
Code;c)The share to be paid by each Owner shall be
equal to $159,530.00 times a fraction, the numerator
of which is that Owner's ECU rating and
the denominator of which is the total of the
ECU ratings for all Lots (including the Lot
referred to in subparagraph (a) of this paragraph
2,
above).d)Ail expansions of water service different than
on any of the Lots as inventoried under
paragraphs a) and (b) hereof shall be subject to the
utility connection charges for expanded service in
effect at the time such expansion occurs as set out
in the Code. Expanded service shall be deemed to
be services beyond those established by the
above inventory for determination of each Lot's
ECU
e)Ail present irrigation uses being satisfied by use
of the Owners' existing domestic system may
continue without payment of additional connection
charges to the extent such uses were included in
the inventory of existing ECU demands pursuant to
paragraphs (a) and (b) under this paragraph 2.
Any Owner may apply for a new utility connection
permit for additional land, garden, and
landscaping irrigation with treated water. The
director of the Aspen Water Department shall rate
such treated water irrigation under the then
existing rating table. The Aspen Water Department
may issue a utility connection permit for such
treated water irrigation for all new uses in the
future by the payment of an additional utility
connection charge in accordance with this rating
and the utility connection charge then in effect
for Service Area 3.
f)A total of $60,000 is due from the Owners
executing this Agreement within 30 days of the
date hereof.
g)An additional $40,000 is due from the Owners
executing this Agreement within 60 days of the
date hereof.
h)The balance of $59,530.00 is due on a pro rata
basis to the extent of their individual
obligations from the Owners executing this
Agreement within 90 days of the date hereof.
i)If the payments are not made by the Owners
executing this Agreement, or the extent an Owner
does not execute this Agreement and/or pay within
a 30 day grace period of the date the payment was
due, the City may disconnect that Owner's property
from the City water system. The Owner shall be
obligated to pay the full cost of the utility
investment and hook-up charge, less any credit
for the amount paid, as a condition of
being reconnected onto the City water
system.J)The City shall maintain a master water meter
to the Owners until all have executed this
Agreement and paid in accordance hereof. The City
shall apportion the cost of the water delivered to
the individual residents and shall terminate
water service to any Owner not executing this
Agreement or paying as required
hereunder.3. The City shall be solely responsible for the
planning,design, bidding and construction of all water mains and
facilities described herein and in paragraph 4 below. Within 90
days of approval of the construction set forth on Exhibit A by
the City Council and payment and conveyance by the Owners as set
forth in paragraph 2, the City shall put the construction of the
water mains and related facilities described in Exhibit A out for
bid and immediate construction. All plans shall be prepared by a
Colorado registered professional engineer and shall be in
accordance with the City's standard specifications.
4. The City agrees to use its best efforts to finance and
construct the additional water main extensions and related
facilities necessary for the "Red Mountain System Upgrades" as
described on Exhibit C attached.
5. The City shall not be required to perform its
obligations under paragraph 3 unless and until all Owners execute
this Agreement and all the necessary Owners convey in perpetuity
to the City the easements necessary for the installation of 8"
water mains and appurtenant facilities described at Exhibits A
paragraph D.3) and B, crossing any land of the Owners, said
easements being 20 feet in width (10 feet perpendicular on either
side of the water mains) and to be conveyed by legal description
prepared following a survey performed at the Owner's expense.
All easements will be revegetated in accordance with the approval
given by Pitkin County pursuant to the Application by the City.
WATER RIGHTS DEDICATION
6. In satisfaction of the water rights dedication policy
of the City, and in furtherance of the City's policies of
encouraging lawn and garden irrigation with existing irrigation
water rights and raw water supplies to the greatest extent
possible, the Association and Owners shall convey their
respective interests in the water rights described on Exhibit E
to the City by quit claim deed.
WATER SERVICE PROVISIONS
7. Upon full performance by the Owners of the provisions
of this Agreement pertaining to water main extensions and water
rights dedication, the Aspen Water Department shall issue utility
connection permits for water service at such times as they are
applied for by the individual Owners.
8. Ail utility connection charges specified under § 23-
58 of the Code and all utility hookup charges specified
under 23-61 of the Code shall be paid according to
the prevailing schedule of charges upon application for a
utility connection permit by any Owner, except as provided otherwise in
paragraph 2 hereof. Those Owners who do not pay for their pro rata
share of the cost set forth in paragraph 2 hereof shall not
be connected onto the City water system and shall be obligated to pay
cost of connection at the full utility investment and hook-
up charges which exists at the time of
connection.9. Each service line from the extended main shall
be installed in accordance with §§ 23-64 and 23-65 of
the Code at the sole expense of the Owner serviced, and
each service line shall be metered in accordance with § 23-104
of the Code, again at the sole expense
of the
Owner serviced.STANDARD PROVISIONS 10. This Agreement is for the supply
of City water service to the Lots only as specifically described
herein, and no other taps, connections, or water services are
contemplated or in any way authorized by this Agreement. The City
is not, by this Agreement, prejudging, certifying or
guaranteeing its ability to provide water service to any area
outside the incorporated limits of the City, nor may this Agreement be
used as evidence of approval of any land use requests, or as
evidence of approval of water service except as provided
herein. This Agreement is subject to Resolution 13-73 between
the
City and County of Pitkin.11. Unless expressly waived
or adjusted herein, each Owner shall be bound by, and all
water service provided hereunder shall be subject to, all applicable
provisions
the terms of this Agreement, the city may, without seeking an
injunction and after (3) days notice to correct the violation,
terminate the delivery of water hereunder to the violator until
such conditions have been honored by the violator. The City
shall be free from any liability arising out of the exercise of
its rights under this paragraph.
19. Failure of a party hereto to exercise any right
hereunder shall not be deemed a waiver of any such right and
shall not affect the right of such party to exercise at some
future time said right or any other right it may have hereunder.
20. Ail notices hereunder shall be given
at the address of the party, postage paid.
City of Aspen
c/o City Manager
130 South Galena Street
Aspen, Colorado 81611
Owners
Red Mountain Property Owners Association
c/o James Lochhead, Esq.
1011 Grand Avenue
Glenwood Springs, CO 81602
Aspen, Colorado 81611
in writing by mail
21. The City shall not be held liable for failure to
perform hereunder due to wars, strikes, acts of God, natural
disasters, drought or other similar occurrences outside of the
control of the City.
16
be subject to this Agreement. The Agreement shall be
promptly recorded by the City.
IN WITNESS WHEREOF, the parties hereto set their hands
on the day and year above first written.
ATTEST:THE CITY OF ASPEN
Clerk Mayor
APPROVED AS TO FORM
Robert Gish
Director of Public Works
Sandra Stuller, Esq.
City Attorney
THE WEST REDS ROAD HOMEOWNERS
ASSOCIATION
By.
O~RS IN D MOU~ AIN
DI~I S ION..~l_. -~1'.~
Simon- 458 W. Reds Rd.Lots
lA, 1,2,3, Block1 Sim sso County
of ~")~.:
o,~ ) ~imon The foregoing
instr~ent was a~nowle~ged bedeme this ~ day
of ~,~,~ .,Melvin Simon
and Bren Simon Witness my
hand My Commission
expires:and Official
Seal. / .' ...... "'"~0/"~ ~'~Y?
7
IN WITNESS WHEREOF, the parties hereto set their hands on
the day and year above first written.
ATTEST:
Clerk
THE CITY OF ASPEN
Mayer
APPROVED AS TO FORM
ecR~borer to f~uS~ 1 ic Works
Edward M. Caswall, Esq.
City Attorney
THE TRUSTEES OF THE RED MOUNTAIN PROPERTY OWNERS
ASSOCIATION
By.
By~
By.
IN WITNESS WHEREOF, the parties hereto set their hands on
the day and year above first written.
ATTEST:THE CITY OF ASPEN
Clerk Mayor
APPROVED AS TO FORM
Mr. Robert Gish
Director of Public Works
Edward M. Caswall, Esq.
City Attorney
THE TRUSTEES OF THE RED MOUNTAIN PROPERTY OWNERS
ASSOCIATION
a/p:~vapoa.agO
5. Philosophos~ 476 wrights Rd. By
Parts of Lots 8, 9, 10,
Block 1
STATE OF )
County of )
ss.
The foregoing instrument was acknowledged before me
this day of , 1990, by
Witness my hand and Official Seal.
My Commission expires:
Notary Public
Mamma- 308 W. Reds Rd.
Parts of Lots 9, 10, 11,
Block 1
STATE OF )
County of )
ss.
The foregoing instrument was acknowledged
this day of , 1990, by
before me
Witness my hand and Official SeLl.
My Commission expires:
7. Term an
Parts of Lots 11, 12,
Block 1
STATE OF O0/O(~adO
County o f ~,¢~/~-~The
foregoing iNstr~]mentwas acknowl~]ged before me this ~
da, l; of ~jJ~ ~ , 1990, by Witness
my hand ~d official Seal.My
Commission expires: / /-- ~ ~113-
27. Tl~is Agreement is binding upon the parties hereto,
their successors and assigns, and any sale of the Lots shall be
subject to this Agreement. The Agreement shall be promptly
recorded by the City.
28.
counterparts.
This Agreement may be executed in original
348 West Reds Road
Parts of Lo%s 6, 7,
Block 1
STATE OF NEW JERSEY
COUNTY OF MORRIS
This instrument was acknowledged before me this
D~_q%~" , 19~__~, by
Witness my hand and official seal.
My commission expires:
Nol:ar~-Public
DEBRA A. EVERS
NOTARY PUBLIC OF NEW JERSEY
My Comml~lon Expires 15, 19__
day of
Simon- 458 W. Reds Rd.
Lots IA, 1, 2, 3, Block 1
STATE OF COLORADO )
COUNTY OF PITKIN )
ss.
The foregoing instrument was acknowledged before me this
day of , 1990, b~
Witness my hand and official seal.
My commission expires:
Notary Public
Clark- 48 West Reds Road
Lots 4, 5 Block 1
STATE OF COLORADO )
COUNTY OF PITKIN )
ss.
The foregoing instrument was acknowledged before me this
day of , 1990, by.
Witness my hand and official seal.
My commission expires:
Notary Public
IN WITNESS WHEREOF, the parties hereto set their hands on
the day and year above first written.
ATTEST:THE CITY OF ASPEN
Clerk Mayor
A~PROVED AS TO FORM
Mr. Robert Gish
Director of Public Works
Edward M. Caswall, Esq.
City Attorney
THE TRUSTEES OF THE RED MOUNTAIN PROPERTY OWNERS
ASSOCIATION
By
By
19
Teschner- 348 West Reds Road
Parts of Lots 6, 7, 8,
Block 1
STATE OF COLORADO )
COUNTY OF PITKIN )
The foregoing instrument was
bY~C~OJ~///c~ft~( __day of ~ , 1990,
aG~nowl,edge4 b~for~me J~his
Wi~ess my hand and official seal·
My commission expires:
Limacher- 502 Wrights Road
Parts of Lots 6, 7, 8
Block 1
STATE OF COLORADO )
CoUNTY OF PITKIN )
SS.
The foregoing instrument was ackRowled~ed~efore me this
day of ,~ , 1990,
wit~ss my hand and official seal.
My co~ission expires: //'~'~
Teschner- 348 West Reds Road
Parts of Lots 6, 7, 8,
Block 1
STATE OF COLORADO )
COUNTY OF PITKIN )
ss.
The foregoing
day of
instrument was acknowledged before me this
1990, by
Witness my hand and official seal.
My commission expires:
Notary Public
Limacher- 502 Wrights Road
Parts of Lots 6, 7, 8
Block 1
STATE OF COLORADO )
COUNTY OF PITKIN )
ss.
The foregoing instrument was acknowledged before me this
day of , 1990, b~
Witness my hand and official seal.
My commission expires:
Notary Public
Philosphos- 476 Wrights Rd.
Parts of Lots 8, 9, 10,
Block 1
STATE OF COLORADO )
COUNTY OF PITKIN )
ss.
The foregoing instrument was acknowledged before me this __
day of , 1990, by.
Witness my hand and official seal.
My commission expires:
Notary Public
Mazza- 308 W. Reds Rd.
Parts of Lots 9, 10, 11,
Block 1
STATE OF COLORADO )
COUNTY OF PITKIN )
ss.
The foregoing instrument was acknowledged before me this
day of , 1990, by
Witness my hand and official seal.
My commission expires:
Notary Public
21
476 Wrights Rd.
rtsof Lots 8, 9, 10,Block
1 J~hnA. Philoso~hos ILLINOIS ~_~
STATE
OF~D(~ )COOK )
SS. -'~COUNTY
OF~ )
0ten K0u]e$The~f~
re~in~ instrument was ac~ow~ed~e~3~fprem~e t~is~77 dayof~>~~ ,
1990, by~/.~/~/~ .Witness my
hand and official ~al.My commission
expires:lic Se
Mazza-
308 W. Reds Rd.Parts of
Lots 9, 10, 11,Block 1
STATE OF
COLORADO )COUNTY OF
PITKIN )ss.The
foregoing
instrument was acknowledged before me this __day of ,
1990, by Witness my
hand and official seal.My commission
expires:Notary Public
Terman - Wrights Road Parts
of Lots 11, 12,Block
1 13,
STATE
OF COLORADO )COUNTY
OF PITKIN )The
foregoing instrument was acknowledged before me this day
of , 1990, b~Witness
my hand and official seal.My
commission expires:Notary
Public Ganz-
238 W. Reds Rd.Parts
of Lots 12, 13,Block
1 STATE
OF COLORADO )COUNTY
OF PITKIN )ss.
The
foregoing instrument was acknowledged before me this day
of , 1990, by Witness
my hand and official seal.My
commission expires:Notary
Public
13,
Terman - Wrights Road Parts
of Lots 11, 12,Block
1 STATE
OF COLORADO )COUNTY
OF PITKIN )ss.
The
foregoing instrument was acknowledged before me this __day
of , 1990, b~Witness
my hand and official seal.My
commission expires:Notary
Public Ganz-
238 W. Reds Rd.Parts
of Lots 12, 13,Block
1 STATE
OF COLORADO )COUNTY
OF PITKIN )ss.
The
foregoing instrument was acknowledged before me this day
of /~- , 1990,Witness my
hand and official seal.My commission
expires: ~~N6tary Publ~
ic /23
11. Worden- 12 W. Reds Rd.
Lots 4, 5, 6, Block 2
STATE OF COLORADO )
COUNTY OF PITKIN )
ss.
The foregoing instrument was acknowledged before me this
day of , 1990, by
Witness my hand and official seal.
My commission expires:
Notary Public
12. Mayer- 1422 Red Mountain Rd.
Parcel outside subdivision
STATE OF COLORADO )
ss.
COUNTY OF PITKIN )
The foregoing instrument was acknowledged before me this
day of , 1990, by
Witness my hand and official seal.
My commission expires:
Notary Public
11. Worden- 12 W.
Lots 4, 5, 6,
STATE OF COLORADO
COUNTY OF PITKIN
Reds Rd.~Block 2
The f4oregoing instrumentwas acknowledged before~e this
day of
Wit's- ~hand and official seal.
My commission expires:
12. Mayer- 1422 Red Mountain Rd.
Parcel outside subdivision
STATE OF COLORADO )
ss.
COUNTY OF PITKIN )
The foregoing instrument was acknowledged before me this __
day of , 1990, by
Witness my hand and official .seal.
My commission expires:
Notary Public
11. Worden- 12 W. Reds Rd.
Lots 4, 5, 6, Block 2
STATE OF COLORADO )
ss.
COUNTY OF PITKIN )
The foregoing instrument was acknowledged before me this __
day of , 1990, by
Witness my hand and official seal.
My commission expires:
Notary Public
12. Mayer- 1422 Red Mountain Rd.
Parcel outside subdivision
0018 West Reds Road
Parcel outside subdivision
COUNTY OF PITKIN )
Thefor~ nstrument was ackno~ledged~before me this
day of ~ , 1990, by
Witness my hand and official seal.
My commission expires:
11. Worden- 12 W. Reds Rd.
Lots 4, 5, 6, Block 2
STATE OF COLORADO )
COUNTY OF PITKIN )
The foregoing instrument was acknowledgad befor'e~ me this
day of , 1990, by '~ '~i-% .~ i --
Witness
my hand and official seal.My
commission expires:Notary
Public 12.
Mayer- 1422 Red Mountain Rd.Parcel
outside subdivision STATE
OF COLORADO )COUNTY
OF PITKIN )ss.
Department
of Drama 'University
of Man'ester Telephone
061 273 3333
11. Worden- 12 W. Reds Rd.
Lots 4, 5, 6, Block 2
STATE OF COLORADO )
ss.
COUNTY OF PITKIN )
The foregoing instrument was acknowledged before me this __
day of , 1990, by
Witness my hand and official seal.
My commission expires:
Notary Public
12. Mayer- 1422 Red Mountain Rd.
Parcel outside subdivision
STATE OF~ )
COUNTY OF~I~Z~T~ )
The~forg~o. iD~instrument was ackn~%fle~ged~efo~e fm~ this ~9~
day of /,~2~]/.4'~._~/ , 1990, by ~fJ(J~ ~6~
Witne~ my hand and official seal. /
Gwendolyn T. Smool ' ~
Nota~ P~e, Stat~ ol lllinols ~
Cook Counly ~
y Cotillon Expires 3/1W~4 ~
25
11. Worden- 12 W. Reds Rd.
Lots 4, 5, 6, Block 2
STATE OF COLORADO )
ss.
COUNTY OF PITKIN )
The foregoing instrument was acknowledged before me this
day of , 1990, b~
Witness my hand and official seal.
My commission expires:
Notary Public
12. Mayer- 1422 Red Mountain Rd.
Parcel outside subdivision
STATE OF~g~DO )
COUNTY OF V~N )
ss.
The foregoing instrument was acknowked~ed_before me this
day of O~CD ~fl/% ~ II , 1990, by ~C~ ~Q o~ ~ ·
Witness my hand and official seal.
My commission expires: ~~ >~, ;~
25
EXHIBIT A
Be
Ce
0.5 MG reservoir: The 0.5 MG reservoir is to be located on
the northeast side of the former Droste, now Wexner, property
as indicated on the map attached hereto as Exhibit B. This
reservoir is to be interconnected with the Upper Red Mountain
Pump Station in East Red's Road. All as shown in Exhibit D
attached hereto.
Wexner Pump Station and interconnecting pipeline with the 0.5
MG Wexner reservoir. The pump station would be located in the
vicinity of the West Red's Road Homeowners springs as
indicated on the map attached hereto as Exhibit D. The pump
station would supply water to three separate pressure zones.
Two pumps would supply water from the two 20,000 gallon tanks
at the Upper Red Mountain Pump Station to the Wexner 0.5 MG
reservoir, thereby being a backup to the Ridge Road Pump
Station. Two pumps would be able to draw water from the
Wexner 0.5 MG reservoir and pump to the 20,000 gallon
reservoir located above the Red Mountain Subdivision (the
highest Red Mountain Water Zone tank), thereby being a back-
up to the Upper Red Mountain Pump Station. TWo modulating
pumps would provide domestic pressure water to the homes on Red'
s Road east of the Upper Red Mountain pump station,
thereby removing these homes from the highest Red Mountain
pressure zone (the single 20,000 gallon tank). Fire protection for
the homes on the modulating pump domestic pressure zone would
be gravity flow from the0.5 MG Wexner reservoir, through the
12"pipe installed in the same trench as the 6" and 8"
pipes discussed under C.2)
below.Interconnection to Upper Red Mountain Pump
Station:The interconnection between the Wexner Pump Station, the
Upper Red Mountain and the two 20,000 gallon tanks next to
this station would be by two interconnecting pipelines as
indicated on the map attached hereto as Exhibit
D.1)The two pipelines would consist of a 6" pipe and a
8"pipe installed in the same trench. The pipes will
begin at the Upper Red Mountain Pump Station and run
parallel to the existing 6" pipeline for some 700 feet to a
point in the Red Mountain Ranch Meadow approximately 150
feet north of Red's Road. The new 6" pipe will be
connected to the existing 6" pipe at this location. The 6" and
8"pipes will continue northwesterly some 900 feet to
Red Mountain Road and then northerly to the site of the
new 0.5 MG reservoir with a 12" pipe being connected to
the new reservoir, the 8" pipe being the pump station
suction from the two 20,000 gallon tanks at the Upper
Red Mountain Pump Station, and the 6" pipe being for
the
discharge to the highest Red Mountain pressure zone, all
as shown in Exhibit B attached hereto.
2)A third pipe (12") will be installed to bring fire
protection flows to the new intermediate pressure zone
east of the Upper Red Mountain Pump Station.
D. Red Mountain Subdivision water mains:
1)500 feet of 8" water main in Red Mountain Road running
south from the point where the new 8" main from the Upper
Red Mountain Pump Station crosses Red Mountain Road to
the Intersection of Reds Road and West Reds Road;
2)Furnish and install four fire hydrants on existing tees
along the existing West Reds Road 8" water main.
3)650 feet of 8" water main running westerly from existing
6" wright's Road water main in Wright's Road to the
existing 8" water main at the approximate west boundary
to Lot 10 of Block 1 with PRV of the Wright's Road
connection.
In the exercise of its easements through properties of the
Owners or Association, all lines shall be installed in such a
manner to utilize existing roads or easements except where they go
by or alongside existing lines near homes of the Owners which would
unduly burden the property of the Owners with multiple service
lines or destroy mature vegetation.
2
EXHIBIT B
Owners' Water Main
An 8" ductile iron water line commencing at a 6" gate valve
located 15 feet northwest of fire hydrant number 876 at the
intersection of Red Mountain Road and West Red's Road. Thence in
a westerly direction along the center of West Red's Road 2,184 feet
to the end of the road. Also an 8" ductile line commencing at an
8" gate valve on the West Red's Road water line located 1,611 feet
west of the point of beginning described above. Thence in a
southerly direction down the embankment a distance of 290 feet to
a 90° bend located 5 feet south of the centerline of Wright's Road.
p/w:rmpoa.exb)
EXHIBIT C
Ridge Road Pump Station - Convert to 8490 Zone 1)
600 feet of 8" water main from Draw Drive northerly to Wright'
s Road to connect with the pipeline to be installed
in Wright's Road. A pressure reducing valve PRV)
shall be installed at the interconnection with the Draw
Drive Pipeline. The PRV shall be controlled by the water
surface elevation in the Night Hawk tank.2)
Upgrade the Ridge Road Pump Station to pump to the new 0.
5 MG reservoir.Replace
Deteriorated Water Mains 1)
Replace 1,400 feet of deteriorated 6" water main east of the
Upper Red Mountain Pump Station, in Red's Road with a
new 8" water main.2)
Replace 600 feet of the deteriorated 6" water main running
north-south, between Red's Road and Red Mountain
Road with a new 8" water main.
EASEMENT
1
THIS EASEMENT, granted this//J day ofx~,~'x,~1990, between
Gwen D. Sharp whose legal address is 352.~Turtle Creek, Suite 14-
B Dallas, Texas 75219 of the County ~,7~/,/~', State of
Texas,the Grantor, and the City of Aspen whose legal address is 130
South Galena Street, Aspen, Colorado 81611 of the County of Pitkin,
and State of Colorado, the
Grantee.WITNESSETH, that the Grantor, for and in consideration of
the sum of Ten Dollars ($10.00) paid to the Grantor by the Grantee,
and other good and valuable consideration, the receipt and
sufficiency of which is hereby acknowledged, does hereby grant, bargain,
sell,and convey to the Grantee a Perpetual Easement and also a
Temporary Construction Easement for the purposes of installation,
excavation,construction, maintenance, repair, replacement, use or location
of municipal water system facilities as described in Exhibit A
hereto and shown on Exhibit B hereto, both incorporated herein
by reference, and access to said water system facilities,
including access to the pump station on an adjacent parcel, over and
across the following described parcel of real property situate in
the County of Pitkin and the State of Colorado to
wit:Lot 3, Block 3, Red Mountain Ranch, as shown on the
plat recorded at Plat Book 3, Page 114, of the records of
Pitkin County
Colorado.The Grantor hereby warrants the title and covenants that Grantor
is well seized and has good marketable title to the premises
conveyed
herein.The Grantee hereby agrees to indemnify and hold the
Grantor harmless from and against any loss, damage, or any liability
which may result from theGrantee's installation, excavation,
construction,maintenance, repair, replacement, use or location of the water
system facilities contained in the Easement described herein as su°
bsequently determined by a court of competent jurisdiction. Nothing herein
shall constitute a waiver ofGrantee's rights as set forth in Section
24-10-1064), C.R.S. (
The Grantor hereby further agrees that, if necessary, Grantor will
r~convey by correction deed this same Easement when an as-
built centerline description is prepared at the completion of
all construction described
herein.This grant of Easement shall run With the land and shall be
binding on and shall inure to the benefit of the partied to this
agreement and their respective successors or
assigns.The Perpetual Easement shall only expire upon abandonment of
the water system facilities located therein by the City pursuant to
a fOrmal resolution adopted by the City abandoning said water
system facilities and vacating the
Easement.In accordance with the approval for the installation of the
water system facilities by the City of Aspen and Board of
County Commissioners of Pitkin County, the Grantee hereby agrees to
repair and maintain the Easement granted herein to its original
condition following any use by Grantee at the sole cost and expense of the
Grantee.The Grantee will in no way hinder or prevent the proper and reasonable
use and enjoyment of the property through which the Easement is
granted,provided however that no other structure, utility or other
permanent encroachment may be erected by the Grantor over, on, or under
the Easement premises hereby conveyed. The Grantee shall have the right
to install, maintain, and use gates in all fences that now cross or
shall hereafter cross the Easement
premises.Grantee hereby conveys to Grantor its interest in the Easement over
and across the property of the Grantor which has historically been used
as access to the Benedict Springs. Grantee shall use its best efforts
to secure th.e release to Grantor of whatever rights are held by others to
an existing access road to the Benedict Springs across the property
of
EXHIBIT A
The Grantor conveys a Perpetual Water System Facilities Easement
for the following facilities: water mains and related buried
appurtenances including valves, manholes, underground electrical
facilities, and fittings.
Said Perpetual Easement shall have the following dimensions and
description:
The Perpetual Pipeline Easement shall be a strip fifteen (15)
feet in width centered on and extending seven and one half
7 1/2) feet to either side of the following described center-
line, in such a manner that all angle points along the centerline,
and at the point of beginning and the point of terminus, the
exterior boundary lines of the strip shall lengthen or shorten
as necessary to form a continuous strip exactly fifteen (15)
feet in width, and said strip shall only be reduced in width by
such lengthening and shortening where it would otherwise
overlap onto property now owned by the Grantor:
insert legal when prepared]
The Grantor further conveys a Temporary Construction Easement for
purpose of initial installation of the above described water system
facilities. Said temporary easement shall be forty (40) feet in
width for the pipeline construction. The additional area of the
Temporary Easements shall be created by:
increasing the width of the above described strip twenty
20) feet on each side of the above described centerline with
the same provisions for lengthening and shortening the
exterior boundary lines at angle pQints and at the point of
beginning and the point of terminus, and reducing the strips
width'to prevent overlaps onto property not owned by the
Grantor;
The Temporary Construction Easement conveyed herein shall expire
and terminate one year from the completion of water system facility
construction and restoration of the Easement premises.
EASEMENT
THIS EASEMENT, granted this ~ day of .,7~;/~ ,- .1990,betweentheRedMountainRanchHomeOwnersAssociation, gWhose legal addressisP.O. Box 1128, Aspen, Colorado 81612, of the County of Pitkin,
State of Colorado, the Grantor, and The City of Aspen,whoselegaladdressis130SouthGalenaStreet, Aspen, Colorado 81611,
of the County of Pitkin, State of Colorado, the Grantee.WITNESSETH,
that the Grantor, for and in consideration of the sum
of Seven Thousand Five Hundred Dollars ($7,500.00) paid to the Grantor
by the Grantee, and other good and valuable consideration,the
receipt and sufficiency of which is hereby acknowledged, does hereby
grant, bargain, sell, and convey to the Grantee a Perpetual Easement
and also a Temporary Construction Easement for the purposes
of installation, excavation, construction, maintenance,repair,
replacement, use or location of municipal water system facilities
as described in Exhibit A hereto and shown on Exhibit B hereto,
both incorporated herein by reference, and for access to said
water system facilities over and across the following describedparcelofrealpropertysituateintheCountyofPitkin,State
of Colorado to wit:Block
1, Red Mountain Ranch, as platted and recorded in Plat Book
3, Page 114, of the records of Pitkin County, Colorado,and
also known as the "Commons Meadow Property."The
Grantor hereby warrants the title and covenants that he is well seized
and has full marketable title .to the premises conveyed herein.
The parties executing this conveyance for Grantor acknowledge
and represent that they are authorized to do so pursuant
to a resolution adopted by the affirmative vote of four-fifths
or more of the votes entitled to be cast by the Members of the
Corporation in accordance with. Article VI, paragraph 1 of the Grantor'
s Articles of Incorporation. Said Resolution is attached hereto
as Exhibit C.The
Grantee hereby agrees to indemnify and hold the Grantor harmless
from and against any loss, damage, or any liability which may
result from the Grantee's negligent installation, excavation,construction,
maintenance, repair, replacement, use, or location of the
water system facilities contained within the Easement described herein
as subsequently determined by a court of competent jurisdiction.The
Grantor further agrees that, if necessary, they will reconvey bycorrectiondeedthissameEasementwhenanas-built centerline
1-
description is prepared at the completion of all construction
described herein.
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
Conveyance, their respective successors, or assigns.
The Grantee hereby agrees to repair and replace to the original
condition all sprinkler systems promptly by the end of the day in
which the sprinkler systems are cut by the excavation.
The Grantee agrees to move all livestock from pasture to pasture as
necessary during the construction to ensure that the livestock are
not in an excavated field.
This Perpetual Easement shall only expire upon abandonment of the
water system facilities located therein by the City pursuant to a
formal resolution adopted by the City abandoning said water system
facilities and vacating the easement.
In accordance with the approval for the installation of the water
system facilities by the City of Aspen and Board of County
Commissioners of Pitkin County, the Grantee hereby agrees to repair
and maintain the Easement granted herein to its original condition
following any use by the Grantee at the sole cost and expense of
the Grantee. The Grantee will in no way hinder or prevent the
proper and reasonable use and enjoyment of the property through
which the Easement is granted, provided however that no other
structure, utility, or other permanent encroachment may be erected
by the Grantor over, on, or under the Easement premises herein
conveyed. The Grantee shall have the right to install, maintain,
and use gates in all fences that now cross or shall hereafter cross
the Easement premises.
GRANTOR
k BarKer, Chalrman of the Board of
Trustees . .
Red Mountain Ranch Homeowners Association
Board of Trustees
Red Mountain Ranch Home Owners Association
2--
GRANTEE
City of Aspen
STATE OF COLORADO
COUNTY OF PITKIN
SS.
d~The foregoing instrument was acknowledged before me this
day ofC~.~ 1990, by Jack Barker, who states under
oath that he is/~hai~an of the Board of Trustees of the Red
Mountain Ranch H~e Owners Association, and is duly authorized to
execute this instrument for, and on behalf of said association.
Witness my hand and official
My Commission expires:~:~/~/~/
seal.
STATE OF COLORADO
COUNTY OF PITKIN
SS.
The foregoing instrument was acknowledqed before me this
day offS4.. , 1990, by~ ~Q~, who states
under oath that.~e~%~ecretary of the Board of Trustees of the Red
Mountain Ranch H~e O~ners Association, and is duly authorized to
execute this instrument for, and on behalf of said association.
Witness my hand and official seal.
My Commission expires: ~/~ ~~~-~
Nota.~
Public3-
EXHIBIT A
The Grantor hereby conveys a Perpetual Water System Facilities
Easement for the following facilities as. shown on the
specifications of Rea, Cassens & Associates Specifications No. AO-
341: for water mains and related,buried appurtenances includingvalves, manholes, and fittings~f~ ~ ~ ~P~7~a~f~ ~.
Said Perpetual Easement shall have the following dimensions and
description:
The Perpetual Pipeline Easement shall be a strip thirty (30)
feet in width centered on and extending fifteen (15) feet to
either side of the following described centerline, in such a
manner that at all angle.points along the centerline, and at
the point of beginning and the point of terminus, the exterior
boundary lines of the strip shall lengthen or shorten as
necessary to form a continuous strip exactly thirty (30) feet
in width, and said strip shall only be reduced in width by
such lengthening and shortening where it would otherwise
overlap onto property not now owned by the Grantor:
Commencing at the easterly most corner of the Commons Meadow
Property area; thence S 26° 52' W along the southeasterly line
of said Commons area, 302.75 feet to a rebar and plastic cap
L.S. 2632; thence S 54° 08' W, 127.00 feet to the most
southerly corner of said Commons area; thence along the arc of
a curve to the right, 16.60 feet, having a radius of 96.32
feet, a central angle of 09° 52' 33" and whose chord bears N
61° 05' 47" W, 16.58 feet to the TRUE POINT OF BEGINNING;
thence N 50° 46' 36" E, 57.12 feet; thence N 48~ 14' 09" W,
531.48 feet; thence N 25~ 48' 26" W, 100.04 feet; thence N 21~
06' 40" W, 615.37 feet to the Point of Terminus, said point
being on the southeasterly right-of-way of Red
Mountain Road,whence the radius point of a curve bears S 63~ 11'
50" E,87.86 feet and the Point of CoK/nencement bears S 50"
31' 41"E, 1129.
13 feet.The Grantor hereby further conveys a
Temporary Construction Easement for the purpose of initial installation of
the above described water system facilities. Said Temporary
Easement shall be forty (40) feet in width for pipeline construction.
The Grantee shall stake the extent of the Temporary Construction
Easement, and the Grantee shall ensure that all construction remains
within the Temporary Construction Easement. The additional area
of the Temporary Easement shall be
created by:Increasing the width of the above described striptotwenty-five (25) feet on the southerly side of the
above described centerline with the same provisions for
lengthening and shortening the exterior boundary lines at angle points
and at the point of beginning and the point of terminus,
the strips in width to prevent overlaps onto property not
owned by the Grantor.
The Temporary Construction Easement conveyed herein shall expireandterminateonemonthfromthecommencementofwatersystemfacilitiesconstructionandrestorationoftheEasementpremises.
THIS EASEMENT, granted this 22nd day of August, 1990, between
Claudine L. Williams whose legal address is 0209 East Reds Road of
the County of Pitkin, State of Colorado, the Grantor, and the City
of Aspen whose legal address is 130 South Galena Street, Aspen,
Colorado 81611 of the County of Pitkin, State of Colorado, the
Grantee.
WITNESSETH, that the Grantor, for and in consideration of the
sam of Ten Dollars ($10.00) paid to the Grantor by the Grantee, and
other good and valuable consideration, the receipt and sufficiency
of which is hereby acknowledged, does hereby grant, bargain, sell
and convey to the Grantee a non-exclusive Perpetual Easement
and also a Temporary Construction Easement for the purposes
of installation, excavation, construction, maintenance,
repair,replacement, use or location of municipal water system
facilities as described in Exhibit A hereto and shown on Exhibit B
hereto,both incorporated herein by reference, and access to said
water system facilities only from East Red's Road along the Easement
over and across the following described parcel of real property
situate in the County of Pitkin and State of Colorado to
wit:The Excepted Tract of Block 1, Red Mountain
Ranch,as shown on the plat recorded
at Plat Book 3, Page 114, of the records of Pitkin County
Colorado.The Grantee hereby agrees to indemnify and hold the
Grantor harmless from and against any claims made or any loss, damage
or any liability which may result from the Grantee's
installation,excavation, construction, maintenance, repair, replacement use
or location of the water system facilities contained in the
Easement described herein as such loss, damage or liability subsequently
is determined by a court of competent jurisdiction.
This indemnification includes the obligation to defend Grantor
against any such claims and to pay all reasonable attorneys' fees and
costs incurred by Grantor in defending against such claims and
in enforcing this
indemnification.The Grantor hereby further agrees that, if necessary,
Grantor will reconvey by correction deed this same Easement when an
as-built centerline description is prepared at the completion of
all construction described herein, provided that the as-
built location is within the intended Easement as
described herein.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.This Perpetual Easement shall expire only upon
abandonment of the water system facilities located therein by the
City pursuant to a formal resolution adopted by the City abandoning
EXHIBIT A
The Grantor conveys a Perpetual Water System Facilities
Easement for the following facilities: water mains and related
buried appurtenances including valves, manholes, underground
electrical facilities and fittings.
Said Perpetual Easement shall have the following dimensions
and descriptions
The Perpetual Pipeline Easement shall have the following
boundary description:
The southerly most 12.00 feet of the westerly most 84.00
feet of the Excepted Tract of Red Mountain Ranch, Block 1
Plat Book 3, Page 114).
The Grantor further conveys a Temporary Construction Easement
for purpose of initial installation of the above described water
system facilities. The additional area of the Temporary Easements
shall be created bys
increasing the size of the above described parcel by five (5)feet on each side with the exterior boundary lines lengthening or
shortening as necessary to form a continuous area on property now
owned by the Grantors
The Temporary Construction Easement conveyed herein shall
expire and terminate one (1) year from the completion of water
system facility construction and restoration of the Easement
premises.
COMMONS
AREA
EXHIBIT B
RED MOUNTAIN ROAD
x,~ SiALE
I"': 100'. '
DATE 7- 20-
90 EXCEPTED
TRACT
OF RED MOUNTAIN
RANCH BLOCK
I OT
9 LOT
8 EPARED
BY:REA, CASSENS &
ASSOC P.O. BOX
189 30616 BRYAN[ DRIVE, SUH'E
200 EVEI~GREEN, COLO.
00439 3D3) 670.
1406