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HomeMy WebLinkAboutordinance.council.041-97 lil !!!1111111111111111 IIII 11111111111 III IIII��!'°� IIII � ���� 4173- 05/27/1998 04:04P ORDINANC DAVIS .�I VI 3� 1 of 46 R 231.00 D 0.00 N 0.00 PITKIN COUNTY CO W N 2 6 1990"1 ORDINANCE # 41 Series of 1997 A3 FERSTEIN&COVELL,PC, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING A WATER SERVICE AGREEMENT WITH DR. RICHARD C. PHILLIPS, RAYMOND N. AUGER, AND ALBERT G. TIMROTH AND DONNA M. TIMROTH FOR PROVISION OF TREATED WATER SERVICE'TO A PRIVATE WATER SYSTEM TO SERVE THEIR PROPERTIES LOCATED ON NORTH SPRUCE STREET AND KNOW AS 709, 770 AND 777 NORTH SPRUCE STREET WHEREAS, Dr. Richard C. Phillips, Raymond N. Auger, Albert G. Timroth and Donna M. Timroth ("Applicants") submitted an Application for Water Service to the City Water Department, requesting that water service be provided to a private water system to serve their respective properties on North Spruce Street, and WHEREAS, the property to be served is located in Pitkin County, and not within the City limits of the City of Aspen, and WHEREAS, Section 25.-12.020 of the Aspen Municipal Code provides that any extension of City water service outside the corporate limits of the City of Aspen shall be made pursuant to an agreement with the City and in accordance with the City of Aspen water main extension policy and, further, that the City may grant water service only upon a determination that no conflict exists between the best interests of the City and the prospective water use, and that the city may impose such contract, water rights dedication and bond requirements as it deems necessary to safeguard the best interests of the City, and - WHEREAS, the City Council has adopted by Resolution No. 5, Series of 1993, as amended, policies to guide municipal water system development and services beyond the City limits, and ► ►11111 I ��► illlll ►►►►II III► 1111 INS 111111111 417351( 27/1998 04:04P ORDINANC DAVIS 2 of 46 a 231.00 D 0.00 N 0.00 PITKIN COUNTY CO WHEREAS, said policies require the City Council to make a determination that the proposed water service extension complies with said policies and is in the best interests of the City of Aspen, and WHEREAS, the City Council has had an opportunity to review with City staff the proposed extension of water service to Applicants' property, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, THAT Section 1. The City Council of the City of Aspen hereby determines that the proposed provision of City water to a private water system to serve Applicants' properties located on North Spruce Street outside the City limits of the City of Aspen is in the best interests of the City and substantially complies with the City of Aspen water police for extraterritorial services, as set forth in Resolution No. 5, Series of 1993, as amended, and therefore agrees to extend City water service to a private water system to serve the Applicants' properties on North Spruce Street in Pitkin County, on the terms and conditions set forth in the Water Service Agreement attached hereto and incorporated herein by reference. Section 2. This ordinance shall not have any effect on existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue or ordinances repealed or amended as herein provided, and the same shall be constructed and concluded under such prior ordinances. Section 3. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. Section 4. A public hearing on the ordinance shall be held on the 15th day of December 1997 in the City Council Chambers, Aspen City Hall, Aspen, Colorado. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law by the City Council of the City of Aspen on the 24th day of November 1997. ` John S. Bennett, Mayor ATTEST: Kathryn S. Koc , City lerk FINALLY ADOPTED, PASSED AND APPROVED THIS 15TH DAY OF DECEMBER 1997. John S. Bennett, Mayor ATTEST: Kathryn S. K h, City Clerk _ I I"III "III �'I") IIII'I �I'I 'III I"I"I III '�I" IIII ("I 417351 03/27/1998 04:04P ORDINANC DAVIS SILVI 3 of 46 R 231.00 D 0.00 N 0.00 PITKIN COUNTY CO 1 111111 III!111111111111 I III Il ll allilll III Illll 417351 � 27/1998 04:04P ORDINANC DAVIS llil(i�ll 4 of 46 'n 231.00 D 0.00 N 0.00 PITKIN COUNTY CO CITY OF ASPEN ----------------- WATER SERVICE AGREEMENT (Exlsting�eveiopment -- This Water Service Agreement is entered into this / 5� day of 199 ., in Aspen, Colorado, between THE CITY OF ASPEN, a Colorado municipal corporation and home rule city whose address is 130 South Galena Street, Aspen, Colorado 81611 (hereafter the "City"), and Dr. Richard C. Phillips, Raymond N. Auger, and Albert G. and Donna M. Timroth, individuals, said individuals being referred to herein collectively as "Owners". Each Owner's address is set forth with his signature on the signature page of this Agreement. WITNESSETH WHEREAS, the City owns and operates the City of Aspen water system in accordance with the laws of the State of Colorado, and in accordance with the charter, ordinances, rules, regulations, policies and resolutions of the City of Aspen, and this Agreement is entered into in conformity with, and subject to, such charter, and all such ordinances, rules, regulations, policies and resolutions; and WHEREAS, Each Owner is the owner of certain real property situated in Pitkin County, Colorado, as more particularly described in Addendum 1. Each Owner's property is referred to as a "Lot", and the Owners' Lots are collectively referred to in this Agreement as the "Subject Property"; and WHEREAS, those Lots that now have water service receive it from individual wells on such Lots, as described on Exhibit A; and WHEREAS, Owners seek to construct the water main extension and related facilities described as part of Exhibit B hereto as a private water system to provide service to their Lots, the infrastructure comprising such private water system being referred to in this Agreement as the "Project"; and WHEREAS, Owners seek to obtain municipal water service from the City for the private water system serving the Subject Property; and WHEREAS, the Subject Property is located outside the corporate limits of the City; and WHEREAS, no additional approvals for the Project are required by the Board of County Commissioners for Pitkin County; and _ 1 Water Service Agreement(existing development) (11193)[Rev.#10(Rev.p.1)Auger 1030971 WHEREAS, provision of City water service to the private water system serving the Subject Property will require the modification of a pump station and installation of a water main and related facilities as described in Exhibits B and C; and WHEREAS, the Municipal Code of the City of Aspen, Colorado (the "Code"), requires that the extension of water service outside the boundaries of the City shall be made only pursuant to a written 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 agreement as it deems necessary to protect its best interests; and WHEREAS, the City's Water Service Extension Policy permits water service extension only upon demonstration that such extension will meet the policy goals and requirements of Resolution No. 5 (Series of 1993) as amended June 28, 1993, pursuant to Resolution No. 49 (Series of 1993) and Resolution No. 9 (Series of 1996), as the same may be further amended from time to time; and WHEREAS, the City has determined that this Agreement and all covenants herein are necessary to comply with the Code and the City's water policies, and the City is not entering into this Agreement as a regulated public utility nor holding itself out to the public in general as capable of or intending to provide water service extraterritorially; and WHEREAS, the Code provides for the rating of new or expanded water service based on potential water demand as expressed in equivalent capacity units (hereafter "ECU"); and WHEREAS, Owners have submitted their Application for Water Service Extension (the "Application") and have paid all fees required in connection with the Application. The Application, and additional information supplied by Owners' engineers, have been relied upon by the City in authorizing this Agreement; and WHEREAS, the City has approved the Application, and is willing to provide water service to a private water system to serve the Subject Property on the terms and conditions of this Agreement; THEREFORE, in consideration of the premises and the mutual promises and covenants contained herein, the City and Owners agree as follows: - I I"III "III "I"I IIII'I 'I'I 'II( I"I"I III "I'I 'III I"I 417351 05/27/1998 04:04P ORDINANC DAVIS SILVI g of 46 R 231.00 D 0.00 N 0.00 PITKIN COUNTY CO i - 2 - Water Service Agreement(existing development) (11193)[Rev.#10 Auger 1030971 11111!� IN 4171' 04:04P ORDINANC DAM, ILVI 6 of 46 R 231.00 D 0.00 N 0.00 PITKIN COUNTY CO PURPOSE OF AGREEMENT i 1. Water Service to Owners' Lots. The City hereby agrees to provide treated water service to the private water system serving the Subject Property, on the terms and conditions of this Agreement in such quantities and to the extent herein provided so as to serve the uses approved by Pitkin County for such Owners' Lots to the extent such uses were approved and such approvals were vested in Owners as of September 9, 1997. If any Owner wishes to seek changes in such vested development approvals, and such changes will requires further approvals from Pitkin County, the changes must also be approved by the City Council prior to provision of water service to such development, and an amendment to this Water Service Agreement will be required. The City makes no representation that such an amendment will be approved. Notwithstanding the foregoing, inclusion of an accessory dwelling unit will not require amendment of this Agreement. doreover, the parties ftn4efstatid ait4 agree t.. { ) f . P54q1 In the manner provided in this Agreement, the City shall provide treated water service to the private water system serving the Subject Property in an amount not to exceed pe"6 , provided, however, that said amount shall be reduced as necessary to reflect the number of Lots ( l� that have elected in this Agreement to receive water service for indoor uses only. Water service shall be provided as follows: a. Owners who wish to receive water service from the private water system immediately for both indoor and outdoor water needs on their Lots may elect to connect to the water main to be constructed pursuant to this Agreement at such time as the water main is completed and is available for such connection. Owners making such election are identified on the signature pages of this Agreement. Owners of such Lots shall be charged inspection and hook-up charges, tap fees and fire protection charges in the manner and at the time set forth in paragraph 15 below. b. Owners of Lots with existing wells and valid well permits which allow outdoor irrigation may elect to receive water for indoor use only. Owners making such election are identified on the signature pages of this Agreement. Such Owners must provide to the City .copies of valid well permits permitting outdoor irrigation. Such Owners understand and agree that City water will be provided to them through the private water system for indoor use only and that they may continue to use their existing wells for outdoor irrigation in accordance with the well permits,provided, however,that the City shall inspect such wells annually to assure that there is no cross-connection to the City's water system, and that required back flow tests are - 3 - Water Service Agreement(existing development) (11193)[Rev.N10 Auger 103097] t 'P.2 DEC 16 'I { '97 04 2aF:. �_-_.R 1 --- '-- - ---' - �< VIII HIM IIII'I 'I'I 'lII III VIII It 417331 .05/27/1998 04:04P ORDINANC DAVIS S.LLVI }t{� 7 of 46 R 231.00 D 0.00 N 0.00 PITKIN COUNTY CO � OF AGREEAg NT ss F ;, r .s +k '; x a• yg h Water Servi e to Owners' L ts. The City hereby agrees to provide treated water ��t ' , } ' it service to the private water system serving the Subject Property, on the terms and conditions of S y t 3 i this e.�t ' Agre-ment-1a, such quantities and to the ent herein provided so as to serve the uses approved by Pitkin County for such Owners' Lots to the extent such uses were approved and such approvals were vested in Owners;as of September 9, 1997. If any Owner wishes to seek changes in such vested development approvals, and such changes will requires further approvals ! from Pitkin County, the changes must also be approved by the City Council prior to provision of water service to such development, and an amendment to this Water Service agreement will be required. The City makes no representation that such an amendment will be approved. Notwithstanding the foregoing, inclusion of an accessory dwelling unit will not require amendment of this Agreement. , . .0 - this pef if ittay in i • _ . a .. . e I, fteeesso In the manner provided in this Agreement, the City shall provide treated water service VIP' � to the private water system serving the Subject Property in an amount not to exceed. ECUs. �U`�'rlp�� e that said amount shall be reduced as necessary to reflect the rtui�iber of Lots (� • provided, however, t , that have elected in this Agreement to receive water service for indoor uses only. Water service shall be provided as follows: a. Owners who wish to receive water service from the private water system immediately for both indoor and outdoor water needs on their Lots may elect to connect to the water main to be constructed pursuant to this agreement at such time as the water main is completed and is available for such connection. Owners making such election are identified o'n the signature pages of this Agreement. Owners of such Lots shall be charged inspection and hook-up charges, tap fees and fire protection charges in the manner and at the time set forth in paragraph 15 below. b. Owners of Lots with existing wells and valid well permits which allow outdoor irrigation may elect to receive water for indoor use only. Owners making such election are identified on the signature pages of this Agreement. Such Owners must provide to the City copies of valid well permits permitting outdoor irrigation. Such Owners understand and agree that City water will be provided to them through the private water system for indoor use only and that they may continue to use their existing wells for outdoor irrigation in accordance with the well permits,provided, however, that the City shall inspect such wells annually to assure that there is no cross-connection to the City's water system, and that required backflow tests are — 3 — Itteu°T!)A11-1 72711977 1S y,A DEC 16 j97 i 04 81PM FREILICH, MYLER, LEITNER & CARLI- P 3.' PP f It: ipp t-. t� 1 C ! r I , --5� r:, conducted in ace[rdanc° w ria'State standards, and that backrZow prevention devices acceptabler UN 'i' (� tle�Cihav _''been �instalTe� and are;operating_properly}t�Sudh Ownersl also understand=and agiee that the City �s note m this agreement, reserving:eapacity:for:outdoor tvater uses:by �t Owners, and that by electing indoor service only, such Owizers waive the right to receive WaCBY , E E for outdoor uses`from the private water system unless and until this Agreement is amended to permit such use by such Owners, and that the City makes no representation that ft can or will ,1 amend this agreement in the future. Owners electing indoor water use only will be charged a inspection and hook-up charges, tap fees and fire protection charges in the manner and at the time set forth in paragraph 15 below, as well as the charges specified izl paragraph 6. 1 , t c. Owners of Lots who do not wish to obtain either indoor-only water service or indoor and outdoor water service from the private water system at such time-as it is available ma defer connection. Owners of such Lots shall be charged inspection and hook-up charges y to fees, demand charges and fire protection char es in the matter and at the time set forth in � •I _., p g p g . paragraph 15 beiow, and, at such time as such Owners' Lots are connected Co the private system, the charges specified in paragraph 6 below. Notwithstanding the foregoing, the maximum volume of treated water the City shall be required to provide to the private water system serving the Subject Property pursuant to this Agreement �t2 shall not exceedacre-feet per year, provided, however, that said amount shall be reduced A as necessary to refl ect the number of Lots that have elected in this Agreement to receive water G service for indoor uses only. Subject to the restriction. to indoor use only for certain Lots as herein provided, only those structures and uses approved and vested for the Owners' Lots as of September 9, 1997 (as provided in paragraph i) may be served under this Agreement. No new individual wells will be permitted within the Subject Property, whether such wells are to be used (I� for irrigation purposes only, or for all uses, although replacement of existing wells for.indoor u for those who have elected to receive water service from the private water system for indoor uses only. 2. Limitation of Time tb Provide Water_ ervice. The City's obligation to provid;, water service to the private water system serving the Subject Property pursuant io this Agreement shall terminate if Owners have not completed construction of the infrastructure described on Exhibits B and C by November 1, 1999 unless completion of construction is delayed by force majeure as defined in paragraph 30 below, in which case the deadline shall be extended by the same number of days as the force majeure delay that prevented completion of construction. CONSTRUCTION BY OWNERS ; 3. Main and Facilities. Owners will design and construct the water transmission main and pump station modifications, and install the hydrants and associated facilities comprising the Project, as well as a meter in the pump station to record deliveries to the private water system, in accordance with and subject to the City's design, materials and construction specificzL- bons and approvals, at Owners' own expense; provided: however, that the City has not and will not approve the location of the proposed water main, as a portion of it is located in private - 4 - 11111111111111111111111111111 11111111111111111111111111 417331 05/27/1998 04:04P ORDINANC DAVIS SILVI 8 of 4S R 231.00 D 0.00 N 0.00 PITKIN COUNTY CO Water Service Agreameac resisting develop—M) (11193)(hev.dl0 AL r 10309JJ 111111 �"''! Itllll 61111 IIII Illl llilltl lil IIIII I�''-"111 4173!91 w5/27/1998 04:04P ORDINANC DAVIS S1641 9 of 4S R 231.00 D 0.00 N 0.00 PITKIN COUNTY CO conducted in accordance with State standards, and that backflow prevention devices acceptable to the City have been installed and are operating properly. Such Owners also understand and agree that the City is not, in this Agreement, reserving capacity for outdoor water uses by such Owners, and that by electing indoor service only, such Owners waive the right to receive water for outdoor uses from the private water system unless and until this Agreement is amended to permit such use by such Owners, and that the City makes no representation that it can or will amend this Agreement- in the future. Owners electing indoor water use only will be charged inspection and hook-up charges, tap fees and fire protection charges in the manner and at the time set forth in paragraph 15 below, as well as the charges specified in paragraph 6. C. Owners of Lots who do not wish to obtain either indoor-only water service or indoor and outdoor water service from the private water system at such time as it is available may defer connection. Owners of such Lots shall be charged inspection and hook-up charges , tap fees, demand charges and fire protection charges in the matter and at the time set forth in paragraph 15 below, and, at such time as such Owners' Lots are connected to the private system, the charges specified in paragraph 6 below. Notwithstanding the foregoing, the maximum volume of treated water the City shall be required to provide to the private water system serving the Subject Property pursuant to this Agreement shall not exceed acre-feet per year, provided, however, that said amount shall be reduced as necessary to reflect the number of Lots that have elected in this Agreement to receive water service for indoor uses only. Subject to the restriction to indoor use only for certain Lots as herein provided, only those structures and uses approved and vested for the Owners' Lots as of September 9, 1997 (as provided in paragraph 1) may be served under this Agreement. No new �Y individual wells will be permitted within the Subject Property, whether such wells are to be used for irrigation purposes only, or for all uses, although replacement of existing wells is permitted for those who have elected to receive water service from the private water system for indoor uses only. 2. Limitation of Time to Provide Water Service. The City's obligation to provide water service to the private water system serving the Subject Property pursuant to this Agreement shall terminate if Owners have not completed construction of the infrastructure described on Exhibits B and C by November 1, 1999 unless completion of construction is delayed by force majeure as defined in paragraph 30 below, in which case the deadline shall be extended by the same number of days as the force majeure delay that prevented completion of construction. CONSTRUCTION BY OWNERS 3. Main and Facilities. Owners will design and construct the water transmission main and pump station modifications, and install the hydrants and associated facilities comprising the Project, as well as a meter in the pump station to record deliveries to the private water system, in accordance with and subject to the City's design, materials and construction specifica- tions and approvals, at Owners' own expense; provided, however, that the City has not and will not approve the location of the proposed water main, as a portion of it is located in private - 4 - Water Service Agreement(existing development) (11193)[Rev.#10 Auger 1030971 F1 1 417_..1 05/27/1998 04:04P ORDINANC DAVIS SILVI 10 of 46 R 231.00 D 0.00 N 0.00 PITKIN COUNTY CO property that is not a roadway. Owners warrant and represent that they are financially able to bear the cost of design, construction and installation of the Project. 4. Preconstruction Exhibits. The following exhibits concerning the Project have been prepared by Owners and have been reviewed and relied upon by the City in entering into this Agreement: Exhibit C: a. Reduced-size copies of the final plans for the water main, pump station modifications, and associated facilities to be constructed and installed pursuant to this Agreement, as approved by the City, provided, however that the City has not approved the location of the water main to be constructed pursuant to this Agreement, as a portion of such main is located in private property that is not a roadway. b. Schedule for completion of the Project water main, pump station modifications and associated facilities to be constructed and installed pursuant to this Agreement. C. Critical path sequence for construction. Exhibit D: Operational impact statement containing information necessary to permit the City to determine the operational impact of providing water service to the Subject Property on the City's existing facilities and water supply. The information provided includes requested water flow rates, impact on water quality, incremental costs for capital items, incremental expense items (such as electric power and treatment chemicals) and electrical consumption. Exhibit E: a. Estimated gross water requirement (gpd) and water flow requirements for all of the Owners' Lots for in-building use at full development (including water requirements for any existing uses that will be continued upon completion of the Project), and estimated treated water irrigation requirements, including number of square feet to be irrigated with treated water. b. Fireflow provisions, including location, size and description of fireflow storage to serve the Subject Property. Exhibit F: Other circumstances, if any, affecting the cost or type of construction required for the water main and'associated facilities to be constructed pur- suant to this Agreement. - 5 - Water Service Agreement(existing development) (11193)[Rev.#10 Auger 1030971 1111111 iii 111111 illlll IIII IIII 1111111 III HIM I ' 'III 417361,._j/27/1998 04:04P ORDINANC DAVIS SILVI 11 of 46 R 231.00 D 0.00 N 0.00 PITKIN COUNTY CO 5. Final Plans. Preconstruction Meeting. The City has approved the final plans and specifications for Project infrastructure to serve the Subject Property, but has not and will not approve the location of the water main, as such a portion of such main is located in private property that is not a roadway. No substantial changes shall be made to the approved final plans and specifications without the City's prior written approval. Owners shall contact the City water department at least ten (10) working days prior to commencement of construction to arrange a preconstruction meeting between representatives of the Water Department, the Water Department's inspector, and the Owners' engineer and contractor to review the final plans (including pump station modifications), and any minor variations from the approved plans, to discuss construction scheduling, and any other matters that the parties deem necessary. Owners' registered professional project engineer shall inspect and certify the design and installation of all water system mains, lines and facilities to be constructed pursuant to this Agreement. 6. Conveyance of Water Rights and Structures or Cash in Lieu Thereof. The parties agree that the individual wells and associated water rights (if any) presently serving the Owners' Lots will not be conveyed to the City pursuant to this Agreement. Rather, each well may continue to be used by its respective Owner until such Owner elects to connect his Lot to the water system to be constructed pursuant to this Agreement. Disconnection and abandonment of wells shall be as provided in paragraph 13 below. Upon execution of this Agreement, Owners shall pay to the City the sum of$1,000.00 per ECU to be connected to the private water system in lieu of water rights sufficient in quantity and quality to provide the water required for the Subject Property. Such payment shall be a prerequisite to provision of water service to the Subject Property. In addition, upon execution of this Agreement, Owners shall pay a pro-rata share of the cost to the City of developing additional well capacity (as described in the City's Asset Management Plan) which is deemed necessary by the City to allow adequate service to the Subject Property. The well capacity development charge shall be equal to $400.00 per ECU connected to the City's system. 7. Construction. Upon completion of the prerequisites described in paragraphs 3 through 6 above, Owners shall proceed with due diligence to construct and install the infrastructure comprising the Project in accordance with the final plans and specifications and the construction schedule. 8. Fees. Owners shall timely pay all fees imposed by the City in connection with reviewing and approving this Agreement, the design drawings and construction plans, as well as construction inspection fees. An advance deposit for construction inspection fees shall be required upon execution of this Agreement, if Owners elect to have the private water system inspected by the City, as provided in paragraph 9 below. The amount of such deposit shall be $1,000.00. Owners shall also be responsible for timely acquiring and paying for all permits and permit fees from entities other than the City (such as Pitkin County and/or other regulatory agencies) necessary for construction of the infrastructure. - 6 - Water Service Agreement(existing development) (11193)[Rev.#10 Auger 1030971 111 (IIII 1111111111111111 IN 1111111111 fftpil,III 1111 7331 05/27/1998 04:04P ORDINANC DAVItx SIL 12 of 46 R 231.00 D 0.00 N 0.00 PITKIN COUNTY CO 9. Inspection of Construction. Construction may, at Owners' election, be inspected by the City's engineers or other designated personnel prior to burial or final installation. THE CITY WILL NOT CONSIDER ACCEPTANCE OF THE PRIVATE WATER SYSTEM AT SOME FUTURE DATE, AS PROVIDED IN PARAGRAPH 12 BELOW, IF IT IS NOT INSPECTED BY THE CITY PRIOR TO BURIAL OR INSTALLATION. Owners shall give the City two working days advance notice when the main and/or associated facilities are ready for burial or installation, and the City's engineer or agent shall inspect said main and/or associated facilities by the end of the second working day following such notice. Notice under this paragraph may be given by telephone to the City Water Director in lieu of giving notice as otherwise provided in this Agreement. 10. Testing and As-Builts. Upon completion of construction and before any water is delivered pursuant to this Agreement, all distribution and transmission mains and all associated water lines and facilities shall be tested and, upon approval of the testing by the City, water will be delivered through such infrastructure pursuant to this Agreement. At Owners' election, as- built drawings of the Project, including the water system and all other utilities, shall be provided to the City on reproducible sepias with a maximum size of 24" x 36", and on an "auto cad disk data transfer file tied into one (1) set of state plane coordinates. THE CITY WILL NOT CONSIDER ACCEPTANCE OF THE PRIVATE WATER SYSTEM AT SOME FUTURE DATE, AS PROVIDED IN PARAGRAPH 12 BELOW, IF SUCH AS-BUILTS ARE NOT PROVIDED. 11. Private Water System. Owners understand and agree that the infrastructure comprising the Project is a private water system that will not be conveyed to the City, but rather will be retained by Owners, who shall be responsible for operation, maintenance, repair and replacement of such infrastructure, including the fire hydrants. The City shall .have no responsibility whatsoever for operation, maintenance, repair or replacement of any of the infrastructure comprising the Project. The City has required installation of a meter in the pump station to cross-check deliveries to such location with deliveries to individual Lots, in order to verify that no leakage unacceptable to the City is occurring in the private water system, and the City may also, at its election, undertake periodic leak detection determinations. If such cross- checking or leak detection determination discloses unacceptable water loss, in the City's opinion, Owners agree to promptly repair such leakage at their expense. If such repairs are not made within a reasonable time, the City may, at its option, suspend deliveries of water pursuant to this Agreement. Notwithstanding the foregoing, the Owners may, at their election, petition the City at some future date to accept the private water system as part of the City water system. Owners understand and agree that the City has no obligation to accept the private water system at any time, and will not accept the private water system as presently aligned, and may require upgrading of facilities and/or construction of additional mains or facilities as a condition of acceptance. Should any persons seek in the future to connect parcels other than the Lots to the private water system, the parties understand that this Agreement must be amended to permit such new - 7 - Winer Service Agreement(existing development) (11193)[Rev.#10 Auger 1030971 111111:��III Itilll 111111 IIII 11111111111 III Illlllc"" Iill 4173°5`: 5/27/1998 04:04P ORDINANC DAVIS SLLVI 13 of 46 R 231.00 D 0.00 N 0.00 PITKIN COUNTY CO connections, and that neither the City nor the Owners are obligated to agree to such an amendment. If, however, this Agreement is amended to permit such other connections, Owners intend that such new customers will pay recoupment charges to Owners in addition to tap fees and other payments to be made to the City pursuant to this Agreement and any amendments thereto. The development, implementation and enforcement of any program to obtain such recoupment charges will be solely Owners' responsibility, and the City shall have no obligation to implement, oversee, administer, or enforce any such recoupment program. 12. Possible Conveyance to City. The City may consider acceptance of ownership of the private water system from the Owners at some future date, provided all of the following conditions have been met: a. The private water system is located in public roads, or private roadways so long as acceptable easements have been provided to the City, at no cost to the City. Such easements shall be as-built non-exclusive easements (in form satisfactory to the City At for the infrastructure to be constructed pursuant to this Agreement (excluding individual service lines), along with all necessary access easements for maintenance and repair purposes ("easements"). The water main easements must be large enough to provide the City with at least ten (10).feet on either side of water mains and must specify that (1) sewer lines must be located at least ten (10) feet from any water main (unless the City Water Department agrees otherwise in writing), and (2) all utilities must be located at least five(5) feet away from any water main. Access easements and easements for tanks and other facilities shall be of a size determined by the City to be reasonably necessary for the operation, maintenance and repair of the tank or other facility to be located on such easement. The easements must provide that each party shall be solely responsible for any injury or damages, including costs and attorneys' fees, to persons or property arising from its own negligent acts or omissions occurring on or resulting from its use or occupation of any easement premises. Nothing contained herein, however, shall constitute or result in any waiver or diminishment of any defense or limitation available to the City under the Colorado Governmental Immunity Act or other applicable law. b. The City shall have inspected the main and all other facilities prior to inspection or burial as provided in paragraph 9 above. C. The City shall have received as-built drawings as provided in paragraph 10 above. d. A water storage tank and/or easement therefor acceptable to the City, or other evidence of fire fighting capability acceptable to the City is provided. e. The pump station has been upgraded to current City standards (including telemetry) at the time the City is requested to accept the private water system. If all of the foregoing conditions are met, Owners may request that the City accept conveyance of the private water system, and operate said system as part of the City's municipal water system. Owners understand that City is not obligated to accept conveyance of the private water system, even if all of the foregoing conditions are met, and may do so at its sole discretion. _ g _ Water Service Agreement(existing development) (11193)[Rey.#10 Auger 1030971 1 III 11111 -": 1111 41735' 05/27/1998 04:04P ORDINANC DAVIS SILVI 14 of 46 R 231.00 D 0.00 N 0.00 PITKIN COUNTY CO WATER SERVICE i 12. Treated Water Service. Upon completion of construction and testing of the infrastructure comprising the Project, and approval of the testing by the City, the City will provide treated water service to Owners who have connected.to the infrastructure provided, that the City shall be required to supply water to no more than the total number of ECUs provided for by the final approved design drawings, and further provided, that the maximum volume of water the City shall be required to supply each year shall not exceed the amount (in acre-feet) set forth in paragraph 1 above. Any change in the treated water service requirements for the Subject Property will require approval by the City, and amendment of this Agreement. The City makes no representation that any such approval or amendment will be granted. The parties specifically understand and agree that since this is a private water system, the City has no authority to permit additional connections to it. Any other parties who seek to connect to the private water system in the future may do so only upon amendment of this Agreement and with permission of the Owners. The treated water to be delivered by the City pursuant to the terms of this Agreement may be used for all lawful in-building domestic purposes for all of the Owners' Lots that are connected to the private water system. Such water may be used for swimming pools and normal and reasonable outside irrigation of trees, lawns and gardens only by Owners of Owners' Lots herein designated to receive water for both indoor and outdoor use. Maximum outdoor irrigation shall not exceed 5,000 square feet per Lot authorized to receive water for outdoor uses. The water may also, be used for fire protection purposes on the Subject Property. Notwithstanding the foregoing, all water use will be consistent with the City's Water Policy Resolution (Resolution No. 5 (Series of 1993), as amended), and water conservation ordinances. 13. Abandonment of Wells. Each Owner having a legally-permitted individual well may continue to use his individual well until such Owner connects his property to the private water system to be constructed pursuant to this Agreement. An Owner who owns one of the Owners' Lots which is specified herein to receive water for both indoor and outdoor uses shall, when connection to the private water system is made, immediately disconnect his well, and comply with the City's well abandonment procedures as well as the requirements of the Colorado State Engineer. An Owner having an individual well located on one of the Owners' Lots which is specified herein to receive water for indoor uses only shall, when connection to the private water system is made, demonstrate to the City's satisfaction that his well has been disconnected from all indoor uses, there is no possibility of a cross-connection from the well to the private water system, and that backflow prevention devices acceptable to the City have been installed and tested, and that a bacteriological test has been conducted to prevent contamination to the City's system. As stated in paragraph 1 above, such Owner shall also be subject to annual inspections of the well by the City to assure that there is no cross-connection or backflow potential from the well. No new wells will be permitted within the Subject Property, whether such wells will be used for irrigation only or for all purposes, although replacement of existing wells is permitted on those Lots that have elected to received water service from the private water system for indoor uses only. _ 9 - Water Service Agreement(existing development) (11193)[Rev.#10 Auger 1030971 1111111 ��"' 1111111111111111111111111111111111111�: ��11 417351 rjd/27/1998 04:04P ORDINANC DAVIS SILVI 15 of 46 R 231.00 D 0.00 N 0.00 PITKIN COUNTY CO 14. Raw Water Service. The City may provide raw water for irrigation purposes on the Subject Property to the extent it is able to do so utilizing its existing ditch system. Except for continued use of existing wells for outdoor irrigation as herein permitted, Owners agree that they will not authorize or undertake any raw water irrigation, or acquire, appropriate, develop or change any water rights for such purpose without the City's prior written approval. 15. Tap Fees Demand Charges and Fire Protection Charges - Computation and Payment, Scheduling of Taps. All tap fees for water service herein provided shall be determined and assessed on the basis of the City's applicable tap fee at the time connection to the private system is requested. Except as herein specifically provided, no water service shall be provided to a Lot absent payment of the appropriate tap fee and any applicable hook-up charges, and disconnection and abandonment of the well serving the Lot as provided in paragraph 13 above. The City Water Department shall determine scheduling of all physical taps or connections to the main. Owners' Lots which are not connected to the water system within five years of the date of this Agreement shall be assessed demand and fire protection charges. Demand and fire protection charges are charges assessed to water customers whose property can be tapped to a water system, but who are not yet receiving water service. Such Owners shall be subject to demand and fire protection charges commencing five years from the date of this Agreement if water service from the private system to such Owners' Lots has not been initiated by that date. Demand and fire protection charges for structures that exist but are not connected to the private water system at such time as demand charges commence will be charged to Owners of such Lots using the City's standard demand and fire protection charge computation for Billing Area 6. Demand and fire protection charges for Lots on which there are no structures at the time that such charges commence will be charged to Owners of such Lots at the demand. and fire protection charge for three (3) ECUs in Billing Area 6. Owners are advised that as of the date of this Agreement, the monthly demand and fire protection charge that would be applicable is approximately $11.19 per ECU. Owners understand and agree that such demand and fire protection charges are subject to revision and may be increased by the City in accordance with its usual fee-setting procedures. All tap fees, as well as any unpaid demand charges and fire protection charges, must be paid by the Owner of a Lot in order to receive service from the private water system. No water service shall be provided to any structure absent payment of the appropriate tap fee and all unpaid demand and fire protection charges, as well as cash-in-lieu payments and well capacity development charges. 16. Service Lines. Each service line shall be metered in accordance with the Code at the sole expense of the Owner of the Lot to be served. Owners acknowledge that service lines presently existing on their Lots may not meet the City's standards, and may not have acceptable meters or backflow prevention devices, and that said service lines will be upgraded if necessary as part of construction of the infrastructure to be constructed pursuant to this Agreement (or, with regard to each Owner who does not intend to connect to the private water system upon completion of such construction, prior to delivery of City service to such Owner's Lot), to meet - 10 - Witter Service Agreement(existing development) (11193)[Rev.#10 Auger 1030971 IIIII����III Ilflll111111 Till IIII 1111111 III 111111= " IIII 417351 45/27/1998 04:04P ORDINANC DAVIS SILVI 1S of 4S R 231.00 D 0.00 N 0.00 PITKIN COUNTY CO the City's standards, and meters, and devices acceptable to the City to prevent cross-connections and backflow will be installed at the Owners' expense. Prior to any connection to the City's system, the City will inspect the existing service lines and will determine the extent to which upgrades may be necessary. 17. Limitations on Provision of Water Service. This Agreement is only for the supply of treated water service as herein described and no expansion of uses, connections, or water service beyond those set forth herein and in the Addenda and Exhibits hereto is in any way authorized by this Agreement. The City is not by this Agreement prejudging, certifying or guaranteeing its ability to provide treated water service to any use or structure except as provided herein, nor may this Agreement be used as evidence of approval of any land use requests, or as evidence of approval of water service for any land use request, except as provided herein. 18. Service Subject to the City's Charter Codes Rules Rewlations and Policies. Owners and their successors in interest shall be bound by, and all water service provided hereunder shall be subject to, all applicable provisions of the Charter of the City of Aspen and the Aspen Municipal Code, as well as all applicable rules, policies or regulations of the City now in effect or as may be hereafter adopted. 19. Rules Regarding Water Use. Owners agree to adopt all provisions set forth herein as rules and regulations governing the use of water on their Lots and the Subject Property, and agree that this Agreement and the Addenda and Exhibits hereto shall be recorded as covenants running with the land and shall be as fully enforceable on the Subject Property as if the same were situated inside the City. Owners agree to assist the City in every manner reasonably possible to enforce the City's applicable ordinances, rules, regulations and policies, including but not limited to those made to protect purity, safety and supply of the water delivered pursuant to this Agreement, and those regarding curtailment during times of shortage, elimination of any potential cross-connections, and the utilization of water conservation devices as set forth in the Code. Owners also agree to prohibit all unnecessary or unreasonable waste of water on the Subject Property, and to make reasonable efforts to enforce such prohibition. 20. Source of Water Supply. The parties to this Agreement recognize that the City's water supply is dependent upon sources from which the supply is variable in quantity and quality and beyond the City's reasonable control; therefore, no liability shall attach to the City under this Agreement on account of any failure to accurately anticipate availability of water supply or because of an actual failure of water supply due to inadequate runoff, poor quality, failure of infrastructure, or other occurrence beyond the City's reasonable control. 21. No Guarantee of Water Quality Quantity or Pressure. The City makes no promise or guarantee of pressure, quantity or quality of water supply for any purpose, including fire suppression, except as specifically provided herein or as is required by applicable federal, state and local laws and regulations. The City agrees to treat its water to meet all mandatory - 11 - Water Service Agreement(existing development) (11193)[Rev.#10 Auger 103097] IIIIIIIIIIN Filllll 111111 IIII Ilil 1111111 III 111111 111 il!'- 417351 05/21/1998 04:04P ORDINANC DAVIS SILVI 17 of 46 R 231.00 D 0.00 N 0.00 PITKIN COUNTY CO local, state and federal potable water standards and to exercise reasonable care and foresight in furnishing water hereunder equal in quality to that furnished inside the City. 22. Property Rights in Water. All water furnished under this Agreement is provided on a contractual basis for use on the Subject Property as described in this Agreement, and all property rights to the water to be furnished hereunder are reserved to the City. Water service provided under this Agreement does not include any right to make a succession of uses of such water, and upon completion of the primary use of the water on the Subject Property, all dominion over the water provided reverts completely to the City. Subject to the prohibition against waste and any other limitations on water use imposed in this Agreement, Owners shall have no obligation to create any particular volume of return flow from the water furnished under this Agreement. Owners agree to cooperate with the City in measuring and reporting return flows to the extent such measuring and reporting are required by the Colorado State Engineer or his agents. VIOLATIONS 23. Enforcement by the City. The parties to this Agreement recognize and agree that the City has the right to enforce its rules, policies, regulations, and ordinances as the same apply to construction, operation and maintenance of water mains, lines and associated facilities, water service and water use, and the terms of this Agreement by the disconnection of the supply of water provided hereunder. Additionally, in the event that Owners or any user who has purchased or leased one of the Owners' Lots violates the rules, policies, regulations or ordi- nances of the City, the City shall have all remedies available to it at law or in equity, or as provided in the Code (including the right to place and enforce liens against an Owner's Lot) as if the violator were a customer located within the City's boundaries. Without limiting the foregoing rights and remedies,.Owners agree that the City may also enforce such rules, policies, regulations or ordinances by injunction, the parties agreeing that the damages to the City from such violations are irreparable, and there is no adequate remedy at law for such violations. The City shall be free from any liability arising out of the exercise of its rights under this paragraph. TERMINATION 24. Termination by Agreement. Except as provided to the contrary herein, this Agreement shall only be terminated in writing by mutual agreement of the parties and the term of this Agreement shall continue until such termination. 25. Termination if Illegal. The parties agree, intend and understand that the obligations imposed by this Agreement are conditioned upon being consistent with state and federal laws and the Code. The parties further agree that if any provision of this Agreement becomes in its performance inconsistent with the Code or state or federal laws, or is declared invalid, the parties shall in good faith negotiate to modify this Agreement so as to make it consistent with the Code or state or federal laws as appropriate, and if, after a reasonable amount of time, their negotiations are unsuccessful, this Agreement shall terminate. The City - 12 - Water Service Agreement(existing development) (11193)[Rev.#10 Auger 103097] 417358 u3/27/1998 04:04P ORDINANC DAVIS SILVI 18 of 46 R 231.00 D 0.00 N 0.00 PITKIN COUNTY CO agrees that its contractual obligations hereunder will not be impaired by any amendment to the Code unless such amendment (or impairment) is mandated by state or federal law. ANNEXATION 26. Annexation. Upon the written request of the City, at its sole discretion, each Owner or his successors in interest, shall petition for and/or consent to the annexation of his Lot to the City of Aspen at such time(s) as determined by the City. Such annexation(s) shall not divest or diminish any land use approvals or development rights awarded by Pitkin County for such Owner's Lot, to the extent such approvals and rights are legally vested on behalf of such Owner (or such Owner's successor in interest, as appropriate) prior to annexation to the City. Land use approvals or development rights not vested in accordance witIr law prior to the annexation shall be subject to the terms, conditions, and regulations of the Aspen Municipal Code upon annexation. Failure of Owners or their successors in interest to commence and complete annexation as herein required shall authorize the City to commence and/or complete such annexation on their behalf, in which event the City shall charge, and Owners and their successors in interest shall pay, all costs and fees associated with such annexation. This Agreement shall remain in full force and effect notwithstanding annexation of all or a portion of the Subject Property. GENERAL PROVISIONS 27. No Regulated Public Utility Status. The parties agree that by this Agreement the City does not become a regulated public utility compelled to serve other parties similarly situated. Owners agree that neither they nor their successors in interest shall at any time petition the Colorado Public Utilities Commission to acquire jurisdiction over any water rate set by the City. The parties agree that in the event the City is held to be a regulated public utility by virtue of this Agreement, this Agreement shall terminate and be of no further force or effect. 28. No Waiver. Failure of a parry 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. 29. Notices. Except as otherwise specifically provided herein, all notices required to be given shall be deemed given upon deposit in the United States mail, first class postage prepaid, properly addressed to the person or entity to whom directed at his or its address shown herein, or at such other address as shall be given by notice pursuant to this paragraph. Copies of such notices shall also be sent in the same manner to the City Attorney, City of Aspen, 130 South Galena Street, Aspen, Colorado 81611. 30. Force Majeure. No party shall be held liable for a failure to perform hereunder due to wars, strikes, acts of God, natural disasters, drought or other similar occurrences outside of the control of that party. - 13 - Water Service Agreement(existing development) (11193)[Rev.#10 Auger 1030971 I I'�III '���I i�I�II IIII'I 'I'I 'III I"I"I III �'lll"f I,�I 417351 06/27/1998 04:04P ORDINANC DAVIS SILVI 19 of 48 R 231.00 D 0.00 N 0.00 PITKIN COUNTY CO 31. Severability. If any provision of this Agreement shall be or become invalid or unenforceable, the remaining provisions shall not be affected thereby, and each and every provision shall be enforceable to the fullest extent permitted by law. 32. Amendment; Assignment. Neither this Agreement, nor the obligations of any party hereto, nor the right to receive water service hereunder, may be amended without the parties' written agreement, nor may an Owner's rights or obligations hereunder be assigned without the City's prior written consent, provided, however, that an Owner's rights and obligations hereunder shall be deemed assigned and delegated to such Owner's grantee upon sale or transfer of Owner's Lot, but not upon any transfer creating a mortgage or deed of trust on an Owner's Lot. 33. Entire Agreement. This Agreement, including its Addenda and Exhibits, supersedes and controls all prior or contemporaneous written and oral agreements and representations of the parties and is the total integrated agreement among the parties governing the matters provided for herein. 34. Interpretation. Neither the titles to this Agreement nor the recitals appearing prior to paragraph 1 of this Agreement shall be used to alter the meaning of this Agreement and in the event of a conflict, the terms and conditions of the numbered paragraphs shall govern. 35. Binding Agreement - Recording. This Agreement is binding upon the parties hereto, their successors and assigns, and any sale of an Owner's Lot, or any portion thereof shall be subject to this Agreement as provided herein. This Agreement and the Addenda and Exhibits hereto shall be recorded with the Pitkin County Clerk and Recorder, and shall impose covenants running with the land upon all of the Subject Property. Deeds to subsequent owners shall pro- vide notice of this Agreement and the obligations contained herein. 36. Governing Law; Venue, Fees. This Agreement and the rights and obligations of the parties hereunder shall be governed by and construed in accordance with the laws of the State of Colorado. Venue for all actions arising under this Agreement shall be Pitkin County, Colorado. In the event legal remedies must be pursued to resolve any dispute or conflict regarding the terms of this Agreement or the rights and obligations of the parties hereto, the prevailing party shall be entitled to recover costs incurred in pursuing such remedies, including expert witness fees and reasonable attorneys' fees. 37. Authorization of Signatures. The parties acknowledge and represent to each other that all procedures necessary to validly contract and execute this Agreement have been performed and that the persons signing for each party have been duly authorized to do so. 38. Counterparts. This Agreement may be signed using counterpart signature pages, with the same force and effect as if all parties signed on the same signature page. IN WITNESS WHEREOF, the parties have executed this Agreement the date and year first above written. - 14 - Water Service Agreement(existing development) (11193)[Rev.#10 Auger 1030971 i 111 III 11111 111111 111111 till illl 1��:�il 111 1111111 ll llli 417351 05/27/1998 04:04P ORDINANC DAVIS SILVI 20 of 46 R 231.00 D 0.00 N 0.00 PITKIN COUNTY CO THE CITY OF ASPEN, COLORADO ATTEST: A Municipal Corporation and Home Rule City By By 1 City Clerk/ Mayor APPROVED AS TO FORM: pe City Attorney OWNERS The undersigned are all of the Owners of parcels within the Subject Property as described in the foregoing Water Service Agreement, and by their signatures hereon, agree, for themselves, their heirs, representatives, successors and assigns, to be bound by and subject to the terms and conditions of the foregoing Water Service Agreement. Name(s): /-J- Address: X09 -Scr,w— Check as appropriate: Water to be provided for all uses when infrastructure completed ECUs (if known) Water to be provided for in-house uses only when infrastructure completed ECUs (if known) Water to be provided at a later date 3.V Ec Os Signatures: Name(s): Address: Check as appropriate: - 15 - Water Service Agreement(existing development) (11193)(Rev.#10 auger 1030971 111111111111 H '( 417351 03/27/1998 04:040 ORDINANC DAVIS SILVI 21 of 46 R 231.00 D 0.00 N 0.00 PITKIN COUNTY CO THE CITY OF ASPEN, COLORADO ATTEST: A Municipal Corporation and Home Rule City c� By By City Clerk Mayor APPROVED AS TO FORM: Asper City Attorney OWNERS The undersigned are all of the Owners of parcels within the Subject Property as described in the foregoing Water Service Agreement, and by their signatures hereon, agree, for themselves, their heirs, representatives, successors and assigns, to be bound by and subject to the terms and conditions of the foregoing Water Service Agreement. Name(s): C Address: Check as appropriate: Water to be provided for all uses when infrastructure completed ECUs (if known) 3 Water to be provided for in-house uses only when infrastructure completed ECUs (if known) Water to be provided at a later date Signatures: Name(s): Address: Check as appropriate: - 15 - Water Service Agreement(existing development) (11193)[Rev.#10 Auger 1030971 111111111111 r7111111111111111111111111111111111111 III' 417351 05/27/1998 04:04P ORDINANC. DAVIS SILVI 22 of 46 R 231.00 D 0.00 N 0.00 PITKIN COUNTY CO Water to be provided for all uses when infrastructure completed ECUs (if known) Water to be provided for in-house uses only when infrastructure completed ECUs (if known) Water to be provided at a later date Signatures: Name(s): Address: -470 nl• ��rt""` s r�e� Check as appropriate: Water to be provided for all uses when infrastructure completed ECUs (if known) Water to be provided for in-house uses only when infrastructure completed ECUs (if known) Water to be provided at a later date •3 EC Jr Signatures: r' - r Name(s): lq o c c — Address: :�o^7 Check as appropriate: Water to be provided for all uses when infrastructure completed ECUs (if known) Water.to be provided for in-house uses only when infrastructure completed - 16 - Water Service Agreement(existing development) (11193)[Rev.#10 Auger 1030971 ECUs (if known) Water to be provided at a later date 3. s ECUs Signatures: ' II IN 417351 05/27/1998 04:04P ORDINANC DAVIS SILVI 23 of 46 R 231.00 D 0.00 N 0.00 PITKIN COUNTY CO - 17 - Water Service Agreement(existing development) (11193)[Rev.#10 Auger 103097) As one of the four .homeowners in the upper North Spruce Street neighborhood, I support and join the application of Dr . Richard Phillips to extend City of Aspen water and .Aspen Consolidated Sanitation District sewer from Williams Ranch up North Spruce St. to Dr. Phillips ' residence . I agree to execute a water service agreement governing my possible future use of city water , providing that I am not required to connect to the water and sewer lines and that I am not. required to pay a tap fee until such time- as I do chose to connect. I further understand that the emergency access to Williams Ranch at the bottom of North Spruce St . will need to be temporarily opened by temporarily moving the concrete barriers during the time of constuction of the Williams Ranch section of the water and sewer lines to North Spruce St. this Fall , and I approve the access being opened only during this period . r 1 I I'�III"III"I"I IIII'I'I'I 417331 03/27/1998 04:04P VIII I R I I"I N III VI'I'I S II VI 24 of 46 R 231.00 D 0.00 N0.00PITKINCOUNTY CO Water Service Extension Outside City Limits ADDENDUM 1 (Amended) Legal Description of the Real Property to be served: Attached. 1111111 11111 HIM 111111111111111111111111111111111 IN 417351 05/27/1998 04:04P ORDINANC DAVIS SILVI 25 of 46 R 231.00 D 0.00 N 0.00 PITKIN COUNTY CO t Disregard if no changes since submission of Request for Consideration water senfce ApplicuBa (Tan 09193) Date: 0CT 199 y DR. RICHARD PHILLIPS LEGAL DESCRIPTION OF PROPERTY Covering the land in the State of Colorado, County of Pitkin, described as follows: A tract of land situated in the Northeast one-quarter of Section 7, Township 10 South, Range 84 West of the 6`h P.M. being part of the Ella Sherwood and Cora Lee Lodes, United States Mineral Survey 5304 Amended, being bounded on the Northeasterly side by the Northeasterly line of said Ella Sherwood and Cora Lee Lodes and described as follows: BEGINNING at corner No. 1 of said Ellas Sherwood and Cora Lee Lodes, said corner being common in both lodes, a Stone Corner in Place; thence South 46°13'East 34.73 feet alon the Northeasterly line of said Cora Lee Lode to Corner 1-12 of said United Stated Mineral Survey 5304; thence South 46°19" East 65.27 feet along the Northeasterly line of said Cora Lee Lode; thence South 45°51: West 289.00 feet; thence North 63'26'45" West 222.36 feet; thence North 45°51; East to a point on the Northeasterly line of said Ella Sherwood Lode; thence South 46°06'20" East 110.00 feet along the Northeasterly line of said Ella Sherwood Lode to the Point of Beginning: I ("III "�I) "I'�I IIII'I �I'I 'II I I'�I"I III "IIII"I I"I 417351 03/27/1998 04:04P ORDINANC DAVIS SILVI 26 of 46 R 231.00 D 0.00 N 0.00 PITKIN COUNTY CO Raymond And Camilla Auger F, ,perty t A tract of land in Section 7, Township 10 South, Range 84 West of t1)e 601 P.M. , situated entirely wi d Lin and being part- of the Ella Sherwood Lode, M.S. 5304, luended, said Tract being more fully described as follows: BeginrdM at Corner No. 1 of the Ella Sherwood Lode, M.S. 5304, Nnended, a slate stone marked as indicated on Page 60 of the original field notes by George W. Nyce, U.S. Deputy Mineral Surveyor dated May 20, 1902; 1 therm 1st course North 46 006120" West, 265.16 feet to Comer No. 9, M.S. 5304, Little Maude Lode, a granite stone.marked 9/5304; thence 2n3 course North 46 013' West 34.50 feet to Corner No. 2, according to said origiizal field notes by George W. Nyce, Stone Corner No. 2 being inissing. (Fr(:1n this point a 1954 Bureau of Land Management Cadastral Survey brass cap bears South 46°34' East, 10.85 feet. This cap is marked Corner No. 2. M.S. 5304. `i'his 1954 Survey by the Bureau of Land Management has at this time not been approved, nor are field notes available concerrzing it. ) thence 3rd course South 45°51' West, 589.82 feet along Lime 2-3, M.S. 5304 Am. ; thence 4th course South 44°09' East, 299.47 feet to Line 4-1, M.S. 5304 Am.; thence 5th course North 45°51' East, 600.10 feet along Line 4-1, M.S. 5304 An. to Corner No. 1, the Place of Beginning. Less and except -the following two tracts: A, tract- of land situated in the Northeast 1/4 of Section 7, Township 10 South, Range 84 West of the 6th P.M., Pitkin County, Colorado, being part of the Ella Sherwood and Cora Lee Lodes, M.S. 5304 Am, being bounded cn the Northeasterly side by the Northeasterly line of said Ella Sherwood and Cora Lee Lodes and being more fully described as follows: Begi ,xdxxg at Comer No. 1 of the Ella Sherwood and Cora Lee Lodes, M.S. 5304, said corner being cannon to both lodes, a stone Corry' in place; them South 46013' East, 34.73 feet along the Northeasterly Lb-ie of said Cora Lee Lode -to Corner 1-12 of said M.S. 5304; thence South 46°19' East, 65.27 feet along the Northeasterly line- of said Cora Lee Lode; tI)ence South 45051' West, 289.00 feet; thence North 63°26145" West, 222.36 feet; ttne_r►oe North 45°51' East, 355.00 feet to a point on t1-ya Northeasterly lime of said Ella Sherwood Lode; thence Srn ith (Conditior I stipularir,... amelrican title �nsuirance cor�par-�y ',' 260,000.00 Premium S 431.00 POLICY NO. 30-241831 SCHEDULE A Date of Policy April 4, 1989 at 5:00 P.M. Amount of Insurance $ 260,000.00 Related Commitment No. 88-397 1. Name of Insured: ALBERT G. TIMROTH and DONNA M. TIMROTH 2. The estate or interest in the. land described herein and which is covered by this policy is: A FEE SIMPLE 3. The estate or interest referred to herein is at date of policy vested in: ALBERT G. TIMROTH and DONNA M. TIMROTH he land referred to in this policy is situated in the County of Pitkin State of Colorado and is described as follows: Smuggler Mountain Parcel "E", originally part of the Cash Entry No. 21, is' located in the NW4 of the SE} of Section 7, Township 10 South, Range 84 West of the 6th P.M. , and is more particularly described as follows: Beginning at the Center-East 1/16th corner of Section 7, which is the Northeast corner of Smuggler Mountain Parcel "E" with the Basis of Bearing being form this point S. 88°53'52" E. to the East quarter corner of Section 7: No. 1. Thence S. 01°32'48" W. , 5.47 feet; No. 2. Thence S. 00°00'56" W. 436.87 feet; No. 3. Thence N. 33°46'27" W. , 539.50 feet; No. 4. Thence S. 88°35' 19" E. 125.11 feet; No. 5. Thence S. 89 000'27" E. , 175.00 feet to the point of beginning, all lying within Lot 17, Section 7, Township 10 South, Range 84 West of the 6th P.M. , being Northerly and Easterly of the Tract conveyed by instrument recorded in Book 131 at Page 425; EXCEPTING THEREFROM all minerals and mineral rights lying below 500 feet from the surface of said property buty without hindrance of any kind to the surface and subjacent support thereof .and a twenty-four foot wide access thereto as set forth in deed recorded on November 14, 1988 in Book 578 at Page 453, and subject to the instrument recorded in Book 589 at Page 338, all in the records of the Clerk and Recorder of Pitkin County, Colorado Countersi d and lidated "I IIII'I 'I'I 'III I"I"I III "II'I' II I'�I 9 � I IIIIII IIIII 111 11. r 417331 05/27/1998 04:04P ORDINANC DAVIS SILVI E3 Y i �/ 28 of 46 R 231.00 D 0.00 N 0.00 PITKIN COUNTY CO AUTHORIZEb REPRESENTATIVE Water Service Extension Outside City Limits EXHIBIT A (Amended) Description of Existing Facilities: size of transmission/distribution mains: NA Length Qf transmission/distribution mains: JqA Age of transmission/distribution mains or other facilities: �lA Water storage tanks (number and capacity)': NA 0 Hydrants (number) .: AA QPump stations (number) : N A 0 service connections per structure (number) : J4A 0 Wells (number and capacity of each) : 1 ea., 8 gpm. Attachments to Exhibit A must include: Plat of the Project as approved by Pitkin county (�f� Q As-built drawings showing locations of existing mains, lines and facilities f4A . mains, Design drawings and specifications of all existing lines and facilities P4 A 0 Total existing fixture count per structure (Inchide FFtreaated water irrg u a a rtion systems �d other water amenities, well fixtures such an sinks,toilets,dishwashers,etc.) R T Records of current water usage �A ([loth residential and non-residential If the existing facilities serving the Project include individual or community wells, the attachments to Exhibit A must also include: Map showing location of all wells See Exhibit "C Permits for all wells Attached. Disregard if no changes since submission of Request for Consideration I ("III ��III "I"I IIII'I 'I'I 'III I"I"I II( "III" II ("I 417331 05/27/1998 04:04P ORDINANC DAVIS SILVI 29 of 46 R 231.00 D 0.00 N 0.00 PITKIN COUNTY CO Date: 0(1 8 , l�� r^ c Cil I -� P. I T `�i,. ��;�' t �'`�V-'-o 1 E L�VCi1NEE#� i` GWS-25 COLOI�O 13=5101, JF WATEHIHESOURCES 818 Centennial Bldg.. 1313 Sherman St.Denver.C*o(&Jo 80243 (307) 06&3581 1095 WELL PE#MfT NUMBER ARr'LIC NT DIV. 5 CNTY. 49 WD 38 DES. BASlN MD . Lot: dock: PIlln0p t3utsdfv: APPROVED WELL LOCATION PFTKIN COUNTY SW 1/4 NE 1/4 Section 7 RICHARD PHILLIPS Twp 10 S RANGE 84 W 6th P.M. BOX 1408 ASPEN CO 131612- DISTANCES MOM SLCTION UNE±a (970)92&2321 2990 Ft. from South Section Line 1600 Ft. front East Section Line PERMIT TO CONSTRUCT A WEI-L ISSUANCE OF THIS PERMIT r T CONFER A WATER RIGHT CONDfflO APPROVAL i) This well shall be used in such a way as to pause injury to existing water rights. The issuance of the permit does not assure the applicant that no inju to another vested water right or preclude another owner of a vested water right !torn seeking relief it rt action. 2) The construction of this well shall be Ili compilanc ater Well Construction Rules 2 CCR 402-2, unless approval of a variance has been granted by the St f Examiners of Water Well Construction and Pump talWion Contractors in accordance with Rule 18 „pproved pursuant to CRS 37-92-602(3)(c) for the r ovation of art existing well, permit 58219. The oft!well must be plugged and sealed according to the Water W Construction Rules within ninety (90) days of completion of the new well. The enclosed Well Abantto aym mtt Re form must be completed and submitted to affirm that tho old well was Properly PltJ9ed and seated. 4) The use'of ground water from this wait is limited ordinary household purposes Inside one (1) single family. dwelling and the watering of domestic animals. Ile ground water shall not be used for Irrigation or other purposes. This well is on a 1.55 acre parcel locat at 777 N. Spruce Street, Aspen. This well is known as 1.110 Yellow GUICII Well, decreed in Division 5 Water Co case no. W-3733. 5) The maximum pumping rate shall not exceed a GPM. B) This well shall be constructed not more than 200 qpt from the location specified on this permit. A location of greater than 200 feat from the decreed location is co idered a change in water right. Application should be rnado to the Division 5 Water Couit to reflect tite corrects location of tills well. 7) Emergency verbal approval 96VE404, was given on August 22, 1996, for construction of this well. 417331 05/2711/11191918111111111 11111111111111111111111 Pi; 30 of 46 R 231.00 140000 NR0I00NPITKINSCOUNTY CO 'PROVED ` '02 aW.e ceipt No. 040453 �oi,,.a� DATE I$,5VEQ JEP 19 1996 EXPIRATION DATESEP 1 9 19 8 Water Service Extension Outside City Limits EXHIBIT B (Amended) General Description of Proposed New Facilities The water and sewer extensions are intended to serve Dr. Phillips existing residence in its current size and configuration. No expansion or redevelopment of the subject property-is contemplated at this time. With regard to the extension of water service to the property, required construction anticipates a tie-in to the water line above the pump station on Siverlode Drive in the Williams Ranch Subdivision then tracking west in Siverlode to a new easement between Lots 3 and 4 of the Williams Ranch. We pick up the sewer line in the west cul-de-sac of Siverlode Drive and run both lines north between Lots 3 and 4 where the extensions leave the existing City of Aspen then follow the upper extension of North Spruce Street to Dr. Phillips home. All other potential alignments which we considered proved infeasible in terms of cost and potential impacts to area slopes. We feel that this alignment offers the best access for future repairs and the most long- term.flexibility in terms of possibly tying in other existing homes in the North Spruce Street area as well as any additional development that may occur in the future within the neighborhood. Approximate size of transmission/distribution mains: New main is to be 8 inch diameter Ductile Iron Pipe (DIP). Approximate length of transmission/distribution mains: New main construction totals 1,379 linear feet. 0 Water storage tanks (capacity) : M A QHydrants (number) • Four fire hydrants. 0 Pump stations (number) : Existing pump station in Williams Ranch. 0 service connections (number) • One initially, four more to existing residences. Attachments to Exhibit B must include: Documents showing Approval of the Project by Pitkin County 1IIIIIIIIIIIIIIIII IIIIIIIIIIIIIIIIIIIIII IllEIN 417 351 05/27/1998 04:04P ORDINANC DAVIS SILVI 31 of 46 R 231.00 D 0.00 N 0.00 PITKIN COUNTY CO Disregard if no changes since submission of Request for consideration Water Senice Application(Tan 09/93) Date: Our 54 ��!971 f Water Service Extension Outside City Limits EXHIBIT C Detailed Description of New or Upgraded Facilities: Proposed commencement of construction: April 15, 1998 Proposed completion of construction: November 1, 1999 Estimated cost of construction: $475,000.00 (Total Project Budget) size of transmission/distribution mains: 8 inch diameter DIP Length of transmission/distribution mains: 1,3791.f. QD Water storage tanks (number and capacity) : t4A Hydrants (number) : Four. 0 Pump stations (number) • Existing at Williams Ranch on Service connections (number) : One initially, four more possible to existing homes. Attachments to Exhibit C must ittclude: Fol Detailed Cost Estimates for Proposed Construction Attached 0 Critical Path Sequence Charts for Proposed Construction Attached Final Design Drawings of Mains, Lines and All Associated Facilities Attached 111 '11111111'1 III 1111111111111 1 11111111111111111111111 I P OR DAVIS SI_VI 417351 05/27/1998 04.04 32 of 46 R 231.00 D 0.00 N 0.00 PI TKIN COUNTY CO Water 3ervke Application(ran 09193) Date: ()CT,8 t99 4 9 F 2' • RSPENERRTHMOVING )632247 SEP 7 97 16 : 10 too . 012 P .02 ASPF,N FARTHMOVING.LLC P.U. Box 1090 CARBONDALE, CO. 81623 970-963-0377 Revised BID 9/26/97 Proposal Submitted To: John Market Work To De Performed At- Smuggler Water and Sewer lines We ate pleased to submit the following proposal for Smuggler Water and sewer . We propose to do the work in the Williants Ranch project on a')'ijnc and Material basis . When we get out of the Williams Ranch project we will go to our unit prices that have been established below , We have eliminated all mobilization costs , and anticipate starting April 15 1998 . The City of Aspen has required the use of C-900 P.V.C. pipe for thu sewer line due to the close prox;mity of the water line . The original proposal was priced using SDR 26 P.V.0. The cost of the C-900 is almost twice the cost . Estimate for Williams Ranch Section of water line . $ 40,000.00 ( includes all materials and labor ) $ 44.151.00 Estimate for Williams flanch Section of sewer line . (includes all materials and labor) TOTA 1, - $ 84,351.00 Bid prices for water line outside of Williams Ranch . S 92.40 $ 92,400.00 (includes all material and labor, fire hydrants, valves Did prim for sewer line outside of Williams Ranch S 166.08 ft. $ 166,080.00 (includes all materials and labor, manholes) Total cost of project - S 342,93 1.00 We are willing to use this total cost as a topset , and work the job on a Time and Material basis , as long as we are guaranteed the work on April 15 1998 All hauling prices reflect the current weight limits, imposed by various local goycrninents for county, village, and subdivision roads. "III " 1M 111111111111111111111111111111111 IN 417351 05/27/1991 04:04P ORDINANC DAVIS SILVI 33 ,of 46 R 231.00 D 0.00 N 0.00 PITKIN COUNTY CO -'�- �i '�i_; ,.CL ,�,11�•J -�`"�� �12 P - 0 T RSPENERRTHMOVING IDS 332247 SEP 2( t7 16 : 10 No 3 f We anticipate this work will be completed by Summer of 1997. It is understood and agreed that if the work is performed at some other time, the price quoted is subject to change relative to conditions such as scheduling, weather, supplier price changes, insurance costs or any other changes effecting,thc cost of our operations. We will submit d bill for the above work, in part or in full, by the 25th of the month which is to be paid by the 101h of the month. 2 1/2% interest per month will be added to overdue accounts without exception. All agreements are contingent upon strikes, accidents or delays beyond our control. Owner is to carry fire, disaster and other necessary insurance upon above work. Workinen's Compensation and Public LIABILITY insurance on above work is to be taken out by Aspen Farthmovin6, LLC. Contractor's signature on this proposal indicates agreement with general quoted quantities and measurciiicnts. Any actual substantial overage from specified amounts will be treated as a change of conditions which may warrant a change order and price alteration.. Any legal fees or other expenses, including service charges that may be incurred in the collection of any monies owed to Aspen Earthmoving,LLC for the above work, or any associated extra charges, will be added to the cost of the work performed. Blasting, splitting of rocks encountered and special rock: handling, including rock in excess of 1/2 cubic yard or in ledges 4 or morc'inchcs ttdck, shall be charged out on d time and material basis. In case underground water is encountered, dewatering the site shall be done on a time and material basis. Public Utility locates are required prior to commencement of work. Aspen Farthmoving, LLC is not responsible for the cost of repair of any private utility line breaks that havo not been shown err located by Owrrer/Contractor. Included is damage to anything that is buried. Accepted By: Respectfully Submitted, Troy Buster Aspen Earthmoving, MC 111111111111111111111111111111 1 1735 "III HIM/ 9 111111 0 :04P-ORDINANC DAVIS SILVI 417351 0g/27/1998 04 34 of 46 R 231.00 D 0.00 N 0.00 PITKIN COUNTY CO Date: i r NORTH SPRUCE STREET WATERLINE EXTENSION CRITICAL PATH SEQUENCE ITEM _ TIME FRAME Award Construction Contract November 25, 1997 Construction Period April 15, 1998 - Nov. 1, 1999 • Install Water Line April 15, 1998-June 30, 1998 Upgrade Pump Station May 15, 1998 - June 1, 1998 • Road Restoration June 15, 1998 - July 3, 1998 • Site Restoration June 25, 1998 - July 3, 1998 Construction start date as early as is practical in the Spring of 1998. I I"III '�III "I"I IIII'I 'I'I IIII I"I"I I'I II"' IIII ("I 417331 05/27/1998 04:04P ORDINANC DAVIS SILVI 33 of 46 R 231.00 D 0.00 N 0.00 PITKIN COUNTY CO SCHMUESER GORDON MEYER,INC. 10., j ! I , o • � i 1 I I I ! i I I raw el. n I \ \ AV I ! 1 * i ilk 0. I; ; ' I : � I Isrw gat wv/+r MAN It jl I 1 i I 1 lll"' : I i i I - I I I I 11 I I , ! i � ij I o 0#c x . i a i n 6 0 0 � I j !� I hn: i it rF 11 fT'S I I g g S S 8 8 417351 05/27/1998 04:04P ORDINRNC DAVIS SILVI 36 of 46 R 231.00 D 0.00 N 0.00 PITKIN COUNTY CO FEET zo 0 40 FEET L SCALE- 1 INCH.20 FEET ;'j LF e•v12�\ rr it t.F d FEC '; pa j Nr1X5'eETO r i � eSd LEE■i1°LL17 NE' -'I ! _ ! _ � r( ! SW ar Nr V 6 Y.I"A F ���� I% �' i Y �3 LEQEN L SAMTART SEV"MANHOLE �W 3 . 0 DRAINAGE MANHOLE I;I N = DRAINAGE INLET ELECTRIC MANHOLE &JNED ELECTRIC LINE M TELEPHONE PEDESTAL —OLN40 TELEPHONE LINE ,•! / A (• l A LAT 6TM \' �tl �`4:k� \ ■ GAS METER STREET LKHT - - CARE TV BOX oa WATER V�VE /r n FIRE HYDRANT [AIL DECOUOUS TREE l ! 0 0 BUSH % 1 / / \\ / / // • wnrES' r.rLw Nfw wrrx eenED/WA.afES x m✓IE72 our m 11�['M / /F. ..'P'I f m wsrr w o•✓wcets( M °sr ' ,YM/s r/2 K F.Ha/ .AV:atEl ai -"- o T : 2-Lns■EC uWjJES 90OW AlW ISAS I"YES cn+nvACrae 9rANC 9e 57A mcm -y- / i /. ALL uruTNES�acum�uw'plaLx ro aR j , / S.Htt yIC sEllor.uw SN E eE 9x SI dP C-900 Y �a• // R ABAMY7J f]rS7NC SEIPNQ 5 6 NEUAYS i •�' �,. /� / '/ Ar 7NE OPA POV SrENP AN7 PLl.0 7NE Ad (0 —JMB \\. n'," ���/' ,. REYOE£rAP LQGIX?Y M�EIV 3EEMM-Ne'IEEf. — III'II'IIII�'I -------- --- I' I _ III II'I" -- I' III IIIIIIIIIII 111111 IIIII -�------ -------------- -- _ ORDINRNC DAVISCOUNTY CO 417351 05/27/1998 040 00 N 0.00 PITKIN i -- — ---— 231.00 D ------ - -t---- - - ----- --- -------'—'----- _" ---- -- 37 of 46 R I - .--- I g I _ — R --- I - -- - -- . - ! - --------------- _ ---- -= - -a -- - — - -------. s� � 1,13 1�tit fl gg Lii t � d��E !lel iil�R ttt� sit �j `II C9 tit �a 1$1 ma oil; tog 45 tit JZR: � I � 417351 05/27/1998 04:04P ORDINANC DAVIS SILVI 38 of 46 R 231.00 D 0.00 N 0.00 PITKIN COUNTY COb zt l� t I tit 319 $ �� ZZ ; i ;� R 999 �{ 4� �? al,► �� #1 i ��� e 999 , . tI M 1 ]i Ili tit r r • Y k ti cz !! IRS ' 1 114 Water Service Extension Outside City Limits EXHIBIT D Operational impact statement containing information necessary to permit Aspen to determine the operational impact of Applicant's proposed extension on Aspen's existing facilities and water supply, and including requested water flow rates, impact on water quality, incremental. costs for capital items, incremental expense items (such as electric power and treatment chemicals) and electrical ( consumption. Said information shall also include estimated man hours for operation and maintenance of the proposed facilities. From an operational standpoint, the new water main extension requires no direct effort or expense by the City of Aspen at least until such time as the Silverlode pump station and related pressure mains are accepted by the City Water Department. This design has been submitted to the City of Aspen Water Department as well as the Aspen Consolidated Sanitation District for design approval such that the extensions themselves can be accepted for maintenance by the utilities from a design standpoint. For the foreseeable future, however, the pump station and related mains will remain the maintenance and operational responsibility of an association comprising those properties served by the lines above the pump station. Minor additional water treatment by the City Water Department will be required to serve the anticipated additional demand associated with any homes on the extension. I. Projected Water Flow Rates: ` a. Total ECU of I" (Timroth @ 4.3, Auger @ 3.5, Phillips, L ' and �� L 10 b. Average Use of 350 gpd/ECU. C. Flow rate, Phillips only 1,050 gpd. e. Flow rate, all existing homes 5,880 gpd. II. Chemicals and Energy, Treatment: $5.82/ECU $97.78 Annually 111111 IIIII lillll 111111 IIII IIII 1111111 III IIIII IIII IIII 417331 05/27/1998 04:04P ORDINANC DAVIS SILVI 39 of 46 R 231.00 D 0.00 N 0.00 PITKIN COUNTY CO Date: O Water Sen-ce Applicaean(J'an 09193) da t�9 Water Service Extension Outside City Limits EXHIBIT E Please attach a description for the entire Project of: Estimated gross water requirements (gpd) and water flow requirements for in.-building purposes in approved structures and uses on the Subject Property at full development, and estimated treated water irrigation requirements,. including number of square feet to be irrigated with treated water. Fireflow provisions, including location, size and description of fireflow storage to serve the Subject Property. General location of easements to be conveyed to Aspen. Water main easements must be 20' in width,. or larger if other utilities are to be located in the easements as -well. Proposed tank easements: ^4A Proposed pump station easements: JAN other proposed easements: Line Easments (see below) As noted above, the current expectation is that only Dr. Phillips home will be connected to the new main extension. Additional existing properties that could tie-in to the main in the future (subject to a cost-recovery agreement) include Auger, Lewitz, Richey and Timroth (see Exhibit A). Signatories to the current Service Agreement include Phillips, Timroth and Auger. While we don't have detailed information regarding the current configuration of each of these existing homes, we do anticipate that additional demand approximately comparable to the existing Phillips residence could be assigned to each residence capable of tying-in. Therefore an estimated 16.80 ECU of additional demand (5,880 gpd or 6.59 acre-feet per year) could be anticipated if the existing homes in the immediate area of the line were to tie in. Fire flow represents an important aspect of extending water service into the North Spruce Street area. This design proposes four fire hydrants on the main, significantly improving water supply for fire protection throughout the area. As-built easements would be granted to the City of Aspen Water Department at such time as the lines were to be conveyed to the City for maintenance purposes. I I"III 11111 HIM 1 Ili 11111111111111 417351 05/27/1998 04:04P ORDINANC DAVIS SILVI 40 of 46 R 231.00 D 0.00 N 0.00 PITKIN COUNTY CO Waur service Application(T4n09/93) Date: OGT. V /91 Water Service Extension Outside City Limits EXHIBIT F Description of other circumstances, if any, affecting the cost or type of construction required for the water mains, lines and asso- ciated facilities proposed to be constructed. Certainly one notable feature of the design is that we are showing a 5 foot horizontal separation between the water and sewer mains. Our section places the lines 5 feet apart and sets the sewer line a minimum of 18 inches lower than the water main. This was done for several reasons: a. We were only able to obtain a 25-foot easement within the Williams Ranch Lot 3 to get both lines out of the,subdivision without interfering with proposed structures and other infrastructure. b. We are trying to thread both lines on up the North Spruce Street alignment in a narrow corridor between existing utilities while trying to avoid significant additional utility relocations or replacement. C. It has generally been suggested that it makes sense on the available corridors to try and accomplish construction with one over-sized trench (probably about 7 feet wide at the bottom) than to incur the expense and disruption of digging two trenches over the entire length of the project. Two trenches would also clearly involve significant additional utility relocation or replacement of existing lines. We are certainly aware of the typical standard of trying to maintain 10 feet of horizontal separation for water and sewer construction of this nature. One comment.I would note that we have been waiving the 10 foot requirement on recent projects where adequate width simply wasn't available so this is not a new suggestion. I would also offer my opinion that the 10 foot rule is a somewhat outdated concept going back to the time when most of the sewer lines were vitrified clay pipe and the water lines were the somewhat more fragile cast iron. Modern use of pressure-rated PVC pipe for sewers and tougher ductile iron pipe for water lines under pressure render the ten-foot requirement less applicable today. The planset now shows that SDR 21 or C-900 PVC sewer pipe will be required to provide further protection against cross-contamination. I II' I 'I 'I'I 'III I"I"I I'I II'1' IIII I"I II4 "III "I'�I IIII 4:04P ORDINANC DAVIS SILVI 417331 05/27/1998 0 41 of 46 R 231.00 D 0.00 N 0.00 PITKIN COUNTY CO \uscr\c rc\W P\a spcn.W aP Date: ©CT $ t C)S Water Service Application rl'an 09193) 111111111111 11 111111111111111 1111 11111111111111111111111_ 4173°51 0°S! 11998 04:04P ORDINANC DAVIS SILVf" 42 of 46 R .31.00 D 0.00 N 0.00 PITKIN COUNT". .0 Water Service Extension Outside City Limits ADDENDUM 2 (Amended) Description of Project: Name• North Spruce Street Water Line Extension a Residential Type(s) of unit• (1) Single Family Residence (2) (3) (4) Number of units: (1) Five (2) (3) (4) Square feet/unit: (1) NA (2) (3) (4) aNon-Residential Type of use: - Number of units: NA Indoor square feet: NA As noted in our response in Exhibit B, there is no proposed "project" for further construction on Dr. Phillips property. The proposed lines are the smallest main extensions permitted for water and serer to even a single residence at this distance from the pump station yet are sized to anticipate potential tie-in by other existing homes in the area (see Exhibit "E"). Units reflected in this addendum anticipate potential tie-in by existing homes in the North Spruce Street area anticipating build-out to permitted FAR. Disregard if no changes since submission of Request for Consideration water Bence Appikadon Min 09193) Date: 0 G'f, 8 IC)9 t' IIIII�-''III 111111 IIII 1111 Illllll III 111111 III III' 417351 05%`,/1998 04:04P ORDINANC DAVIS SILV: 43 of 46 R 231.00 D 0.00 N 0.00 PITKIN COUNTY CO Water Service Extension Outside City Limits ADDENDUM 3 (Amended) Description of Water Rights to Be Transferred to City of Aspen Name of Right• Phillips Well Permit # 58299A (See Exhibit A) Amount: 8gPm• If water right has been decreed, Adjudication Date: Unknown Case Number• W - 3733 Division 5 Priority Date: Unknown other decrees relating to this water right: IS A Date: r-AA Case Number: N A Type of Decree (e.g.,change of use,change of point of diversion,etc.) es A Dr. Phillips existing well permit does not allow irrigation use and he has agreed to convey the well to the City of Aspen. Service connection by other properties in the area would anticipate the same conveyance exculsive of irrigation rights, if any. Disregard if no changes since submission of Request for Consideration Date: 06T" 8, 199-T Wat!r Service Application(Tan 09193) -A-6&Q nn b.N 00"0 0 00•TEZ S St 30 bb MIS SIAda ONUNI4a0 00;b0 OSST/LZ/50 TSELtb II'I III I'I'II I'I I"I"I III'I'I'('IIII I"I"III'I III"I I tl tl 91g Yt$�Y '�Yrt d e y 1�1E .�1'y 1,y � �►� y� a kv lit rh_I tie L i@ w � y _ _ � � ilk ` R l _ ny ad " yy lit �' Ml ijiIM r 1 t; {j+ + y+�! !yl it !!! tit, r 1 d 9!! C) �'i ;� r1i l �►� ; r ;l l E!!! rl r � �, R v ® q� it � � it6RL $° lit 11 , i A" T'k a V. / h���N3 q III Mo t! R�.J' I INI; o ,I I _ � _. ..i- i I � 004 a � E / h���N3 q III Mo t! 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