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HomeMy WebLinkAboutcoa.lu.su.Callahan Aspen Club.76 "-""'-'~ ~- REcorded At 2:35 PM ni9, 1976R.~c.ePt~~n'ri()' .t,?"890 Julie Hane'REco~ ~? ,'\i'J../;):f'h~-' -'~~, aooKa12 fAGEII0' SUBDIVISION AND PLANNED UNIT DEVELOPMENT AGREEMENT CALLAHAN SUBDIVISION . d THIS AGREEMENT, made this ~ -day 1976, by and between T~ CITY OF ASPEN, of~~ ~c:?" COLORADO (hereinafter , sometimes called "City"), and _BENEDICT LAND & CATTLE COMPANY, FREDRIC BENEDICT and FABIENNE BENEDICT (hereinafter sometimes collecti vely called "the owner"), and ROBERT S. GOLDSAl'1T or the assignee of Goldsamt (hereinafter sometimes called "the subdivider"). WIT N E SSE T H : WHEREAS, the subdivider with the consent and approval of the owner has submitted to the City for approval, execution, and recordation, the final plat and development plan of a tract of land situated in the east one-half of Section 18, T. IDS, Range 84 west of the Sixth Principal Meridian, Aspen, Colorado, designated as Callahan Subdivision ("the plat"); and WHEREAS, said Plat encompasses land located within an area in the City zoned RR and R-15; and WHEREAS, the City has fully considered such Plat, the pro- )posed development and the improvement of the land therein, and the burdens to be imposed upon other adjoining or neighboring , properties by reason of the proposed development and improve- ment of land included in the Plat; and WHEREAS, the City is willing to approve, execute, and accept for recordation that Plat upon agreement of the owner and the subdivider to the matters hereinafter described, and -- subject to all the requirements, terms, and conditions of the City of Aspen Subdivision Regulations now in effect and other laws, rules and regulations as are applicable; and WHEREAS, the City has imposed conditions and requirements in connection with its approval, execution and acceptance for . , ~, .,.1'"''''"\ . . 600K312 PAcEtll recordation of the Plat, and that such matters are necessary to protect, promote, and enhance the public welfare: and WHEREAS, under the authority of Section 20-l6(c) of the Municipal Code of the City, the City is entitled to assurance that the ,matters hereinafter agreed to will be faithfully performed by the subdivider. NOW, THEREFORE, in consideration of the premises, the mutual covenants herein contained, and the approval, execution and acceptance of the Plat for rec@rdation by the City, it is agreed as follows: 1. All references to lot numbers hereinafter set forth are as described on Sheet No. 1 of the Final Plat and Develop- ment Plan of the Callahan Subdivision ("Plat"). A. Fee simple title to Lots No. 13 and 13-A will be conveyed in undivided interests to the condominium owners, subject to existing easements and road and 'utility easements contemplated by the Plat and additional utility easements as may be required. Lots No. 13 and 13-A will be used for condominium units. B. Lot No. 13-:8 shall be conveyed in fee simple to a corporation to be organized by the purchaser of such property from the owner or by such purchaser's assignee. Such corporation is hereinafter referred to as "Holding Corporation". The Holding Corporation shall grant to all condominium and homesite owners a non-exclusive easement for the recreational use of Lot l3-B so long as such lot is not hereafter authorized for improvement or 'commercial use by P.U"D. amendment or other appropriate governmental approval and shall grant such easements as are necessary for the roads and utilities reflected on the Plat. C. Lot No. 14 will be owned in fee simple title by the Holding Corporation or another corporation con- trolled by or under common control with the Holding -2- . , ("", ,-. eooK312 PAGE1.12 Corporation or its or their assignees. The Benedict residence situated on this lot will be converted to a clubhouse. The owners of condominium and homesites will be granted an irrevocable non-exclusive license for passage by foot only, throughout those portions of Lot 14 on which there are no improvements currently or hereafter existing. D. Lots No. 14-A and 15 will be conveyed in fee simple title to the HOlding C9rporationor a corporation controlled by or under common control with the Holding Corporation or its or their assignees. Lot l4-A will contain parking facilities for use of the clubhouse and recreational facilities contained in the Plat, and Lot 15 will contain recreational facilities. E. Lots No. I through 10 shall be conveyed in fee simple title to the purchasers of these ten home- sites. Lot No" 10 is designated as a duplex for occupancy by two families; the other lots are for single-family homes. F. Lot No. 11 is designated as a single-family lot. G. Lots 12 and12-A are collectively designated asa single-family lot. Lot 12-A is the guesthouse for Lot 12. H. Lot No. 16 is designated as an existing office building for such uses as have heretofore been approved by the City of Aspen. I. All roads as reflected on the Plat and the rights of way on which such roads are to be constructed shall be owned by the Holding Corporation or a corporation controlled by or under common cOntrol with the Holding -3- ~. r.. BOOK 312 PA~E113 Corporation or its or their assignees, and such corpor- ation shall grant an irrevocable non-exclusive license to the owners of the condominiums and homesites for their use. The owner shall retain a hon-exclusive cost-free easement on Crystal Lake Road for access, , ingress, and egress to and from Lots 11, 12 and l2-A. Ownership of those lots is being retained by the owner" J. Easements for utility improvements and rights of way shall be granted to the Public Utilities as shown on the Plat. K. Maintenance of the property and structures in- cluded within the Plat shall be the responsibility of the owners of the fee simple title to such property and improvements; provided, however, when hereunder any easement is granted with respect to any such land or improvement, the .cost of maintenance shall be borne by all grantees of such easements. L. The City shall provide up to a maximum of 0.65 cfs. of water as needed from the Nellie Bird Ditch as hereinafter set forth in Paragraph 8(e) (1) for the maintenance of a water level not lower than the lowest water level in Crystal Lake as shown on Page 3 of the Plat. The Holding Corporation or a corporation controlled by or under common control with the Holding Corporation or its or their assignees, shall make provision for supplying such water to, Crystal Lake in order to insure its use for recreational activity. 2. Subject to the conditions contained in this paragraph, the subdivider shall provide for the estimated costs for construc- tion of all common improvements which include construction of roads, utilities, drainage improvements, landscaping, moving and paving if required by subdivider (the recreational trail), as described in the agreement between Pitkin County and Benedicts and irrigation ditch crossings through the subdivision as shown on the Plat and supplemental engineering plans. Al~o included shall be street l~ghting -4- !""', ,I--., BOOK312 PAcE!11 sufficient to illuminate subdivision roads and traffic signs to comply with City regulations. The installation of those improve- ments shall commence in the spring of the year in which construction on Lots 13, 13A or 15 is to commence hereunder, or any homesites are sold, whichever event occurs sooner, and shall be constructed with due diligence thereafter until completed. In order to secure the performance of the construction and installation of the improvements herein agreed to by the subdivider and the City, and to guarantee one hundred (100%) percent of the current estimated cost of the improvements agreed by the City Engineer to be $ 271,000.00 ,the subdivider shall guarantee through a . conventional lender, or by sight draft or letter of commitment from a financially responsible lender (irrevocable until the construction is completed) that funds of the estimated costs of construction are held by it for the account of the subdivider for the construction and installation of improvements hereinabove described. In the event, however, that any portion of the improve- ments have not been installed according to the conditions contained herein, then, and in that event, the City may have such remaining work and improvements completed by such means and in such manner, by contract with or without public letting, or otherwise, as it may deem advisable, and the lender agrees to reimburse the City out of the funds held by it for the account of the subdivider for the City's costs incurred in completing said work and improve- ments; provided, however, in no event shall the lender be obligated to pay the City more than the aggregate estimated sum for these improvements, less those amounts previously paid and approved by the City,by reason of default of the subdivider in the performance of the terms, conditions, and covenants con- tained in this paragraph 2. However, the City waives no right to claim full compliance with the improvements required in ex- cess of the estimated costs. From time to time as work to be performed and improvements to be constructed herein progress, the subdivider may request that the office of City Engineer inspect such work and improvements as are completed and may submit to City the costs of such completed work and improvements. -5- ('\ ,......." 800K 312 rAGE 115 When the City Engineer is satis~ied that such work and improve- ments as are required by the subdivider to be completed in ~act, have been completed in accordance with the terms hereof, the City Engineer will submit to the lender its statement that it has no objection to the release by the Guarantor of so much of the above-specified funds as is necessary to pay the costs of work performed and improvements. installed pursuant to the terms of this Agreement, except that ten (10%) percent of the estimated cost shall be withheld by the lender until all pro- posed improvements are completed and approved by the City Engineer. Subdivider shall prepare and be responsible for the preparation of engineering plans, specifications, and construction drawings for all improvements included in Paragraph 2 above. These plans and specifications shall be submitted to the City Engineer and shall be approved prior to the commencement of any construction by the Subdivider. SUbdivider shall 'also be responsible for pro- viding all necessary engineering and/or surveying services in con~ junction with the construction of said improvements. The City Engineering Department shall be notified prior to the cOmmencement of construction so that the work may be inspected during construction. 3. Site Data Tabulation (see Exhibit "A" attached hereto and incorporated herein by this re,ference.) 4. The subdivider agrees to line the Riverside Ditch for the full length of Lots 8 and 9 with a rubberized material to, prevent seepage onto Lots 8 and 9. If the SUbdivider finds that use of the rubberized material is not feasible "a feasible alternative lining shall be used, provided the subdivider shall use best efforts to find an alternative to concrete lining. 5. The subdivider agrees, for himself and his successors and assigns, that he will not authorize any vehicular traffic to enter the area of the condominium units or recreational facilities -6- ,1""\ ,.-, BOOK312 PACE116 of the Callahan Subdivision from Ute Avenue unless such vehicles are for the purpose of construction, providing services to or deal- ing with emergencies of the Callahan Subdivision. Furthermore, neither the subdivider nor his successor or assigns shall pro- vide for any parking spaces along the border of Ute Avenue within any portion of the Callahan Subdivision. The prohibition contained in this paragraph shall not apply to the parking lot which presently exists on Lot 16 nor to any expansion thereof. 6. The subdivider agrees to relocate at subdivider's expense a portion of the recreational trail which will be moved toa location approximately as shown on the plat. Such relocation . shall be done as follows: By June 15 of the year in which construction is to commence on Lots 13, l3A or 15, subdivider shall cause such trail to be roughed in place. The easement to that trail shall be granted to the City and shall be restricted to the following uses: pedestrian, equestrian, bicycling, and cross-country skiing. No motor vehicle of any kind shall ever be allowed to use the trail, excepting only such vehicles as are absolutely necessary at the initial construction and subsequent maintenance and repair of the trail. 7. The subdivider agrees not to pave any of the roads in the subdivision until at least six months after all utilities are in place. 8. It is acknowledged by the owner that certain land areas included within or adjacent to the subdivided land have previously been used for agricultural uses or as meadow lands and have been irrigated by waters owned by the owner and carried in the Nellie Bird Ditch. The City of Aspen has established a policy of acquisition of those water rights beneficially used by annexed and subdivided lands at the time of annexation and subdivision approval, when the proposed development will be serviced by the City owned water utility: a. So as to avoid the establishment of competitive water utilities. b. To insure that all water used for domestic purposes meets minimum sanitary and health standards. -7- 1"". ,-. BOOK312 PAGE 117 c. To prevent the abandonment of water rights by discontinuation of their beneficial use. d. To provide for the acquisition of more senior rights to guarantee water service to Aspen area users in time of low supply. e. To reduce the costs of condemnation for acqui- sition of water rights in the future. Therefore, it is agreed as a condition of subdivision approval. 1. That upon recording of the final plat of the . Callahan Subdivision the owner will convey to the City of Aspen, without further consideration, 0.65 cfs. of the Nellie Bird Ditch, Priority 3136 (Source: Roaring Fork River; adjudicated August 25,1936), which cor- responds to the ratio of the subdivided lands to all lands irrigated by this water right. In the event use of part of such water granted to the City shall become necessary to retain the lowest level of Crystal Lake (as described in Paragraph IL of this Agreement) the City of Aspen agrees to make available so much of the water right necessary to maintain the lowest water level; provided, however, that nothing herein shall be construed to require the City to supply ditches; rights of way, pumps, or othe~ facilities necessary to' ~rahsfer water to Crystal Lake. 2. That owner hereby grants to the City of Aspen a right of first refusal on the balance of the water right described in subparagraph (1) in the event such water right is offered for sale independently of a sale of the lands irrigated by said right. To the extent permitted by law this right of first refusal shall be deemed a covenant running with said irrigated lands, and bind the owner, his heirs, assigns and -8- 1"""'. ,~. , 600K3121'AGf:j18 successors in interest. 3. That t.he owner does further agree to negotiate in good faith with the City of Aspen for the grant to the City (or its nominee) for a nominal fee of a revocable license to make beneficial use (as allowed by law) of part or all of the water right described in subparagraph (1) retained by owner, without jeop- ardizing owner's interest in said decreed water right. . 8.1 It is further acknowledged that owner owns a high priority right on Hunter Creek, namely, the Red Mountain Ditch, Priority No. 90 (Source: Hunter Creek, adjudicated May 11, 1899; headgate trans- ferred to Huston Ditch by decree recorded in Book 252, Page 575, records of the Pitkin County Clerk and Reocrder) hereinafter called Hunter Creek water right, the acquisition of which is also of in- terest to the City of Aspen. Owner agrees, as a further condition of this subdivision approval and with reference to said right: a. That Owner hereby grants to the City of Aspen a ;:ight of first refusal on the Hunter Creek water right in the event such right is offered for sale independently of a sale of the lands irrigated by said water right; and to the extent allowed by law, this right of first refusal shall be deemed a covenant on the lands so irrigated, and bind the owner, his heirs, assigns, and successors in interest. b. To negotiate with the City of Aspen in good faith for the acquisition'of this right to facili,tate, the con- struction of a package filter plant on Hunter Creek. Ne- gotiations will be deemed to be proceeding in good faith when the City seeks such right only for construction of said package plant and owner attempts to achieve only (i) domestic water service for potential homesites on his lands above Hunter Creek and below the Red Mountain Road -9- ,"""" ,..-,. BOOK312 PAGEj19 (on the Red Mountain side), (ii) provision for the future irrigation of owner's meadow lands below the Huston Ditch and above Hunter Creek, and (iii) a total consider- ation on the sale of the water right which is equivalent to its fair market value, with proper credit and allowance being given for the fair market value of any exchanges, concessions, promises, undertakings or other consideration received pursuant to (i) ,and (ii). 9. In satisfaction of the degication fee required to be paid to the City under Section 20-18 of the City of Aspen Muni- cipal Code for the purposes set forth therein, the subdivider agrees that upon recording of the final plat of the Callahan Subdivision, that he shall make a cash payment to the City in the amount of $90;000.00. 10. Notwithstanding anything contained herein or referred to the contrary, the owner and the subdivider, in developin~ the property contained. within the Plat and the improvements as herein described, shall fully comply with the applicable rules, regulations, standards and laws of the City and other governmental agencies and bodies havin~ jurisdiction. 11. The City agrees that since the townhouse-condominiums as designed do not exceed two and one-half stories in height, and the total height of each unit is constant, that a vertical envelope be created around each unit module allowing a maximum of two and one-half feet above elevation shown on the PUD building plans to accommodate possible grade elevation variations. The intent of this Agreement is to provide the best possible relationship between buildings, between buildings and tops of carports, as well as the best utilization of existing terrain within the development zone. Prior to application for the building permit, the pennit applicant will submit a ground survey, showing final building layout and floor elevations, noting any variations in the contour. -10- /"'., l'''' BOOK312 PAGE120 12. Subdivider agrees to pay the City in addition to its dedication fee the sum of $250.00 which represents the agreed upon costs for the City to tap into the sewer line in 'Ute Children's Park. The $250.00 shall be due and payable upon the granting of the easement across Ute Children's Park and Ute Cemetery for sewer lines by the City. 13. SUbdivider agrees to provide at his expense shuttle bus services consisting of van-type vehicles for the recreation facilities and the clubhouse of the. Callahan Subdivision upon the terms and conditions hereinafter set forth. The expenses of the acquisition, maintenance and operation of such vehicles shall be borne by the subdivider, and such service may be supplied by the purchase of appropriate vehicles, the leasing thereof, or any other available means which shall be adequate. The subdivider agrees to provide such vehicles in a number sufficient to serve the need therefor based upon year around operation between the Callahan Subdivision clubhouse and recreation facilities and downtown Aspen, provided, however, that such vehicles shall not numberless than one. The term of tbis service shall be until the earlier of the following occurs: 1. Such van service shall no longer be needed; or 2. Until the transportation services provided by this Agreement are fulfilled by other public or private means. 3. Until the expiration of five years from the date hereof. 14. Upon execution of this Agreement by ,the parties hereto and provided all other conditions as herein contained have been met by the owner and the subdivider, the City agrees to execute the Plat of the Callahan Subdivision and accept the same for recordation in the Recording Office of Pitkin County, Colorado, upon payment of the recordation fees and costs to the City by -11- {\ ^ . BOOK312 PAGE121 . subdivider. 15. Failure of the subdivider to pay dedication fee or to provide the requisite guaranty for roads and utilities and other improvements prescribed hereunder, shall carry only the sanction of prohibition of recording the subdivision plat and final development plan herein. If the foregoing sanction is imposed by the City upon the sUbdivider, it shall release the owner of all obligations under Paragraphs 8 and 8.2 hereof.. 16. The subdivider agrees to furnish City with an as-built survey description for sewer, water and 'trail easements. . 17. The subdivider agrees to allow the City to install a water line in Ute Avenue at the time subdivider constructs his eight-inch line greater in size than that eight-inch line, provided, however, that the City shall pay for the extra cost above the cost of installing an eight-inch line. 18. The stages for the development of the subdivision improvements shall be according to Exhibit B attached hereto and incorporated herein by this reference. 19. At such time as and to the extent Goldsamt has assigned any of his rights hereunder or under any agreement with owner and such.assignee has assumed any obligation hereunder, Goldsamt shall have no further obligation for such assumed obligation. .. IN WITNESS WHEREOF, the parties hereto have hereunto set their / x/' ';~, . \~"', "h, ' . ~h(~~~ ~~~eals the day .and year first above written. ~>;il-~~"'\ ................" ~,'\ .,r~t':j.~Z,~'i}l~,S.;.': ..{;;\. ',.,. .Il', .il:'l'''''''C;:T1 L . ~ '.") ."~",,,:-;,'Y.""1":'~ .. " " "h.~,'/f'!?"."c;,"!,l, i ' 0- ,.<.;::,', \::;'X~%~';0~i:1~,~;;~",~~:,:;,\::,:""'f/f_<.;5;;':';'", , . ".,~..~,.j",,, ,,.. ',.. -) j ,j ~. \ ;'}l;;~Jf<,'~'''.'': .,~';>,~.', ,~0,,~ q". "'Cit . "1'J ~, ...., ;i, tr!\- '.\' ,,'t'~':~.dl~:IJI;11 'JlI\\ .\\~. /' :...:,-,..~"..,-\\\. .-;- I.'~O ',' '\, '~fI'\- ~:l.. ' C..t"'\ ~-~" ........"u......l'/' '~. ;;" -'C ".,fiJ." Ii'~".,'< ~}. .f' .....,.~ '1-( "'~~" rJ J...: . . ~. t. ." ,1/f (,,; .r-v ~",.(, . C'l" , , ;;. _ I!' .'~< .(' .;;''''''i 'f:,..... :.___ ~l 1) .0 . V .'..'1." ..,':j \! ( ,; ;;. l Ii/; wJ'" .. --- ......,e.;;........... 1'- J'-'''':';.'; :."ti". f! ~ '".;> ;- rn""" ~" ,.. .~I. v...", .-..:! ,', .. '" .e.. ~'! r I"f "''''...>Ol...... ."'f ". -Oeo;:,,"-oo B BENEDICT LAND & CATTLE COMPANY, Owner ~a-?-~~~ Frcaric ~. Bon9diot c;;t/~ - pres~nt. . ~~ a- - ~ -/..-? ~~~~-~~---'~ 4~~C.~::B~~:~~ei--? . ~~~~~~~~ /~~- ~ ~/:i;;;;IJe< / y- Robert Goldsamt, Subdivider . (\ ^ .' B~OK312 PAGEl22 STATE OF COLORADO ) ) ss. County of Pitkin ) ~. . The~for oing instrument was ack .nowledge~befOre me this /~ day of, .' , 1976, by Stacy Standley, Mayor of the City of Asp , Colorado municipal corp~ration. :....'i ,C"",' ..,.......,.,."'l'iitness, my hand and official seal. e r-.. '1 r; If :\:FMy commission expires: ~,,:: _.f~~~j;~'t,:~~c.,{tt":r..,.!I>Sion.eX..Pires January' 24, 1978 COd d~ ... '. / 12 r jji/ r" . ,:::i:i~ h'"' <::$+ " . rf..fb/0l~ ~ ~;'""" /J" '<:;")( ...,>' . 'otary ~,,,\ p'\\;>'wr' J Public \~ ;~..-l:~;~r:D~:i':/; : ' :'" 4h. DI,}',.J . ,: <:r!~~j~';'{/' ~,~/_:. " V}:~~'Y "('^STATE"OF COLORADO '" ;,~;:'~ri;-: cf' . ; ~ l1i !1;}tUJ!Me- ;;;.r 1/lt.8--lfe.JIJelJ'J !'~.. The foregoing instrument was~ow.l~dged before me ~his day of ~Lr' , 1976, byh~..::&'..:_ A. DeJllOd.ie;t,Pnd 'ien~ of Benedict'Lanq7& Cattle Company, a Colorado, corporation. County of Pitk'in ) ) ) ss. .' Witness my hand and official seal. " ~:i' My commission expires: /~.~y>;~&nllJiS~OO expires January 24, 1978 , "-<' ',.:'\ I ,.','< ,.", l~J.~~/Z~~~.:<.;' ' , . 'ii", r> \J \) , ".' '.', ' \"::~0fli~:;:'i:;} , "'" ./l !~.' .~)(!,~', Notary Public STATE OF COLORADO' ) ) ) ss. ? ,'. , , . , . . . . . . , . .~i- /'1.;}J ;>!o~t ~J lJioI'lJe;y- i~J.)c{l- p. ~/!r acknowledged before me this Fredric A. Benedict and County of Pitkin //1 " T~OregOing instrument wa .L.:::L-day of ., rJl..1" . ' , 1976, b Fabienne Benedi. . , , Witness my hand and official My commission 'expires: seal. " ~)M~~ Notary Public ,'-,' ,,<'~\~YAc;oraO'li~SiOn expires January 24. 1978 ~0,..' ,:"J/ :;:." "v .'~ ;;',"'-::)_:~t 2 ~~. . h.' %~:" ~~} . -13- . . .~ , ^ -' STATE OF COLORADO ) ) ss, County of Pitkin ) '~ eooK312 . PACE 123 The foregoing instrument was acknowledged before me this J~ day of ApriJ!"l"4:"976, by AndrG'" V~ Hecht, ALLorney- in Pact for Robert S. Goldsamt. ~ ; Witness my hand and official seal. ....,- , My Commission expires: . -14- '1,.>i1,.~Hll1f1!fl, ,,'" "". .,.J, ,,)',",0""\.0.... 40''-", . .. . .:,.;," ")~ ....,..... .;;") ':'t"~ My Commlsslonexpires NQV. 14, 1I71t.1:,~.,..',;. ~ .'.,.,~h_\ - . 11'<' ">< ",., , .' g~i',l.r'" v'~ lG.f'CI ". f.,f}~, '<::i :_:" .~~': i1 ~ 9.11 -h bf)~' ..'.'....~. ~ '.\.{cvin~i,::.'J ~ ~ v~ .', .'. . . J . ~, . r Nota y Puo '" .;:.,.......;;,{~i' '''ttl ,!,~ .~. a '-" ...,\'" f,,!(,t"~ti;lH~'$. .' . ..,." Rl;:corded At 4:02 PM r..9, 1976 Reception no18391""\ Ju1ie.\~ne REcorder -i;/'":,;",,, .. <t~":- ;t, BOOK3:l2 PAGE158 EASEMENT AGREEMENT THIS EASEMENT AGREEMENT, /~'7( made this '.~ day of April. 1976, by and between THE CITY OF ASPEN (hereinafter referred to as the party of the first part), such party being the owner of the properties commonly known as Ute Cemetery (Lot Q, Ho~g Subdivision), and Ute Park (hereinafter collectively referred to as "the Ute property"), and BENEDICT LAND & CATTLE COMPANY. FREDRIC A. BENEDICT andFABIENNE BENEDICT, owners of the prop- . erty described in Exhibit A attached hereto. and ROBERT S. GOLDSAMT, subdivider of that property (hereinafter collectively referred to as the party of the second part) : WHEREAS, the party of the first part is the owner in fee simple title of the Ute property, free from all liens and encumbrances, which property is adjacent to the land described in Exhibit A hereto; and WHEREAS, the party of the second part desires to obtain from the party of the first part an easement as hereinafter described; and WHEREAS. the party of the second part intends to con- struct a sewer line across the property described in Exhibit B hereto, and upon completion to assign the rights to such ease- ment to the Aspen Metropolitan Sanitation District; and WHEREAS, the party of the first part is willing to grant such easement to the party of the second part in consideration of the performance of the mutual covenants hereinafter set forth. NOW THEREFORE, in consideration of the mutual covenants hereinafter set forth, the party of the first part agrees to grant to the party of the second part, for the benefit ,of the property described in Exhibit A, a non-exclusive easement to install, repair, maintain, alter, and operate sewer lines in, into, upon, over, across, and under a strip of land (the "strip") 1""'>\ .-.. , { : 300K312 I'AGEj 59 not to exceed twenty feet in width along the Ute Cemetery and Ute Park as described in Exhibit B attached hereto together with the appurtenant rights as to the strip hereinafter set forth. The easement includes the following: (al The right to grade the strip of land and to extend the cuts and fills for such grading into and on the land along and outside the strip to such extent as the party of the second part may find reasonably necessary, subject to approval by the City Director of Parks and Recreation; (bl The right of ingress and egress from the strip over and across the adjoining land of the party of the first part by such routes as shall occasion the least practical damage and inconvenience to the Ute property. Party of the second part shall indemnify the party of the first part against any loss or damage which shall be caused by the exercise of the rights of ingress and egress or by the wrongful and negligent act or omission of their agents or employees in connection with this easement in the course of their employment. The party of the first part shall identify those trees which must remain undisturbed, and the party of the second part agrees, wherever possible, to not disturb those trees. The party of the first part shall have the right to remove all other trees which lie within the easement at any time after the party of the second part states their intention to commence construction, and the party of the second part shall give the party of the first part at least ten day's notice before com- mencing such construction by delivering a copy of such notice to the City Engineer for the City of Aspen and Director of Parks and Recreation for the City of Aspen. The party of the second part agrees to complete all construction through the property described in Exhibit B by -2- . - .~ ~ ~ BOOK312 PAcr160 June 1 of the year in which the subject sewer lines are installed, and the party of the second part agrees to provide sewer lines to the property described in Exhibit A hereto. The party of the second part agrees to restore the bike path to its existing condition if and where it is damaged during construction on this easement. For so long as the easement shall be used, the rights granted shall be a burden and benefit to the respective properties herein described. This Agreement and the easement arising under it shall inure to the benefit of and be binding upon the parties of the first part and second part so long as they retain any fee simple interest in the land described in Exhibit A, and upon the successors and assigns of the party of the second part to the extent of their interest in the property described in Exhibit A. This easement may be freely assigned to include but not limited to Aspen Metropolitan Sanitation District. .... '" '. ~." ~. ... '. .... .......',,.. f-~t.L CA' - I" ,0,. ,.;o,~ .........'}> I, Standley, ..' '\:". -, ..~ :(' . . ''<'.' .J, ...,,-, ~"" : "'~.t 'K .. /, ,~. -0 _ " v : ('f -:";( ~ 7: ~ Q ~ ,~;;;~u.'".-.I"\"":'i~ BENEDICT LAND & CATTLE COMPANY I ~". .-~' 't, ~~'" ..~* .....;: .---::>~ "~"";'1"&R);';":~' B~a.;::::..~o~ '" ,""{R".l'J....~~~,-.,;,.,.,.."lt,.,.~~ " FrcdricrA. D~~dict, President '" .....',,' . '" ' 74 . a :t' r..n;-; JEC.C,,:c,~> n 'C~ ..,.'.. / / /~AL,~a~,&.~ ~;~~~;;-(~-~, 7"" 2/f!~ ~~r-:~;?~""",~".b ~qc:::;;;?a-?~L"- --'./.-?/~--7---~ ~bienne Benedict ^"d"":d/lf;;:;r ~ Robert S. Goldsamt in P::tct! Flv4 -3- .r--,.. ~ ~oOK312 p^c1t161 STATE OF COLORADO ) ) ss. County of Pitkin ) '1' The foregoing instrument was aCknowledged before me /' day of~O--l./.. ' 1976, by Stacy Standley, Mayor the Cit~. of Aspen, ar Colorado municipal corporation. this of ",." ....'..Wi:l;ness my hand and official seal. <.~\ ~~..~:c-ommission expires: 1~~~~bJ!;~ / ",. ires January 24, 1978 :.: -<r- \ <1'\ PUB i~~~;:::,.?:~~~!~P"" STATE"'O~!iCb:GORADO ) County of Pitkin l ss. ~ ~f\-'" IY\A<ldA-Io\.JQ.. ~ U,,:::r~,\:le,,'1 The~going instrument was ~nOW1edged before me this /~ day of .##L~ ,1976, by F-redrie A. D~ncdi~~, Presi- dent of Bep~~ict La~ & Cattle Company, a Colorado corporation. ,..".",' ,. ~"".":'(.::;"'{" /:;'~\\'~~"~~~~ii~i~~n~x~i~e~~ficial seal. ~p~~i6iv'~x.,"""';;~' ua24 lc> _ _ . ~i'.". ~ -;; ~-<:.~;t ry, 1978 . Ui!thJ ~( ~ ~ n \ Pu 0 \ \'\.t Notary .."~!::-... \iil/'; Public " {I" <f' "~~",;;""" ".'.....Or: ,,' "'~~ ,; '.~::~F~~,T{;:;t~.,.: STATE 'OF COLORADO ~y(~ Notary Public County of Pitkin ) ) ) ss.2 ~.,. '^" ('\~_' f'\ "'A-~\Ot\e.. ~~ TT'I 1ll\:'l\-e'6--IY\- ~i' ~ ~~ ~O~ instrument wa acknowledged before me this , 1976, by Fredric A. Benedict and Tl;1e ,foregoing /q day of '-111 ~ _ Fabienne Benedict. 0 ::-;}iWitness my hand and official r''':i.:';fS:"",\",:"" t"i".,~y;icommission expires: "..,,;,':jYfi'ACtJ" expires January 24, 1978 /c'1i'.,.,",....., ~. ' , ",.'".".~. i,k-,,, ,,'v", "":~ i' '"v,' -r An,'l,;' ,;:;.'i.:.t.:"\ f) \ (.\ l;;:~ '" . \ . "".,;;<<,.,..;1.,., <" f ,: ~~~.. ""~..~ .. .,'''".:..,', "-. -J'\ Pu 8 \..\;. :.~ . /. '~, "":"/,;~,.'!.';t' .," +'''':: '" "7) ", '''',',:;y;.". '';;' ',..,.~..~.~:~~!i{) seal. ~~(~ Notary Public .".".,. -4- r--.. ,1"'"'"\ .; " aDOK 312 rACE 162 STATE OF COLORADO ) ) ss. County of Pitkin ) The foregoi~~~instrument was acknowledged before me this 15 day of ~, 1976, by '''\6;('0'' Y. I^-~hL, ;>'L:"v~..';'.l' 1;.('1,)(, i~-~--~" Robert S. Goldsamt. ::t:::i::i::n:X:::e:~fiCial seal. .,.};;,;:'::~:~" ~:~;:,~H~f,\ My CommissIon expires NOll 14 1'~~:if/~;;'-'''" .,~~.. , . . ~\.i;?z:,t;;:~~i:;';'.r,'; ,C,_>/'',- 1 "'l '~l ';:;:,P;,:' <,~ '/,"V' . :'-.'00- J I I (, I)'~\ ,- f! O'<(f'J;e jp (1.Mc.(~;.'p',,~,{ ;~W.~(;.,"-1:'-o:.C~1.>,; ::'. .' N t P b ">',"'- '"" ",t'lliI'. o ary u 1,' ',; '. -I \;>".,, , " .f''', """;(:'::.i:";!~~;~;';:~~';" -5- . ii, '. " , > ,,,. , .. " ,~ ,~ , 800K 312 PAGE 163 EXHIBIT "A" PROPERTY DE,=CRIPTION A PARCEL OF lJ>.ND ~rT()A"~ IN THE: EA::>1 J.2. OF SECTION lB. I: 10:'" RB4W. OF THE. 1O-rH. P.M., PifKo!N CO,->N'TY, CO..oRACo. ~'D ?~CEL I~ MO;;1.E FUU.-Y ,DE5C.R16E.D AS FOLLOVV~ " i3E[;INNINS AT CORNER e> OF I1-IE RIVE.f<51.?C: Pt_AC.E.R, M.S. 3~DSAM.; j'r'ENCE. NOi'm-! Z42..at,. FEEl; TI,-lENCE Nee"5;"<<;'-E. 14eJ.71 FEE.T; . TH!:..NCE EAST 2..54 FEET; THENCE ,N 15"1'3>'OO'E. 1:,7.22 FEET ~ TI<<:.Na:. NW';CiOO"W 13z.. 58 FEE.T; THENC.E WE!::>T 125.00 F'EeT TO A PoINT ON LINE B-::;) OF SooID F<\VERSIDE PLA:.E.R; THENCE: NDKTH 'Z..Z'7.77 FEET ALONr.. SAID L\NE.8-9 TOAro:...rrOIJTHE: ~R1-YuNE.OFRI~I~~"':!>lCN ~!O"D€D \1\ 'B~T6J!.l-'>' ; THeoN(:=. N e~' ?Z' 14'C S~l.",1 F~ A\L!"o.1~ ~\D EX! eN5:CN $ So:..~Et>.i..Y. e.::x;NDARY OF 5"JD F't1~1DE. SVOi?i\'610N; OHE)\CE:. SOU1 H ?>'7.0lS FE.e-T' .. ' OHE.,'\lC.E. Nre"51' iO"E \"Z.s.~7 ,FEET ; 'TI-\ENC~ N 5\"?>Z'S7 'E 15z..e~ FEET' THENCE N 00' S'7'49"W Z9.~:, FEET; THENCE N SI'%'OO"E 1102..;.0 FEET TO t>. POINT ON THE. VVE:S-rEKLV Ri6HT 0;:: WAY UNE. OF Hl(:,H\,,;o..y NO. e,z... 7}-ENCE. S2i'=o'OO"E ,,~....~ FEET ALONG> S"JD RI6Mr OF WAY; 'HENCE. ~2.7."Z?/OO'E 75.604 FEET ALONG> SAID RIGI-lT OF VYAV; "THeNC.E. ~40''Y->'E ~~.21 FEET PoLDNG ~\D RIc;.K'i OF' WAY; THENCE. :;:'S.~'",9":zA-e. ace FEET Al.DNG SAID IZ\G.-IT OF WAY; ll-iENCE 107.~:. FeET ALONG "1l-lE. ARt:.- OF A cuRVE Toi1-iE L~FT l--\A-VING> A RADIUS OF 5770.00 FE.ET, 'T"e. C;.oRD , OF WI-IlC-H BEOARS 5>zs,'07':;.1"E. 107.es FE.ET; THENCE. S:55cOG; 5-4'E- ~.:D.oe FEEl ALONG. SAID RIGHT OF WAY; THENce: ~2e: ~7'OO"E fb7,Bf;> FEE.T AU'i'6 SA-lt:> RIGI-rrOFVY:<>.Y; 1\-lEN::.E.. :;'\':;.~e FE.E.T ALONe:. .riE M'<CoFACJ.J~VE.. 'TO -r1-\E. LEFT HAVING A'RI>DIVS OF' GCi~.OO FO::=-:T, THe;. CHORD OF W'HIC.H 6~ 544":;'Z'00"E. 310.<0.4 FEE.T; THENC.E: S5~'Z7'OO"E:. 104.10 F'EE.T ALONb SAID RI("HT OF \/YAY; THE.NCE. NB9'4G'00"W L?U>.O;, FE.E.T ; ,HENCE "3:>00' IA'OO"W 2::>1.75 FEE.T' THENCE. S"'7"::>f'04"E' 20-::'7.70 FEET'; THENCE. SOo-I4'OO"V'I/ 140.00 FEEX; T1-iENCE. N89'4GiCO"Vv' 270.00 FEET; -n-:.ENC-E N OO'IA'CO"E. Z30.~ FEET TO CCRN"'-R I OF SAID RIVERSlOE. PLAC:E.R ; -r..-lE.NCE. N8g."Ob'204''W (C.!:;,.43 FE=.I ALONG LINE g.-I of ~ID F<IVE..R- "3:>\02: P'LACI:O.R; TKe.NC.<=.. "::>0.9'Z5'ZI"VV 417.ZZ. t"E.€:1'; TH=N::.E. Ne,4"OO'OO"VV 1.00.00 F;:;.E., ; ,HENCE N4e>'OO'OO"VV 3:;0.00 FEET; THENC.E. Nbe,cOO'oo"w /20.00 FE-E.7; Tl-lENCE. N38.'I'ZS"E 1'?S.05- FC:::E.T TO .HE pO It-IT OF e.O::GIr--N1NGo, CONTAIN''''''' Z4.~~_~E.S Moi<:.E OR LE.==E:>. :~ .. t". ~".~'. ,~'. 'l>lrnrBJ:'1' .' B~'-~ :..--'~--"-~-'-'-'.---'~ 1"", . . t""""\. , BOOK 312PA~E164 ':< ,'. EASEMENT ~.-. . ~-,. ~,',.. A SEWER EASEMENT SITUATED IN THE NW 1/4 SE 1/4 AND IN THE NE 1/4 SW 1/4 OF SECTION 18, TrniNSHIP 10 SOUTH, RANGE 84 l-ffiST OF THE 6TH PRINCIPAL MERIDIAN, PITKIN COUNTY, COLORADO. 'SAID EASEMENT LIES WITHIN LOT 6, HOAG SUBDIVISION AND IS 20 FEET IN WIDTH LYING 10 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED C~NTERLINES: '. EASEMEN'T NO. 1 BEGINNING AT A POINT ON THE SOUTHERLY LINE OF SAID LOT 6 WHENCE CORNER NO. 9 OF THE RIVERSIDE PLACER, M.S. 3905 AM., BEARS S 89012'07ft E 228.49~,FEET; THENCE N 56043' 00" W 54A7 FEET; , ' THENCE N 77024' 00" W 71. 25 FEET TO A POINT' ON THE .SOUTH'l-ffiSTERLY LINE OF SAID LOT 6, THE END OF SArD EASEI1ENT. . . . EASEMENT NO. 2 " . ,. BEGINNING AT A POINT ON THE SOUTH'l-ffiSTERLY LINE OF SAID LOT 6 WHENCE CORNER NO. 9 OF THE RIVERSIDE PLACER, M.S. 3905 AM., BEARS S 75059'10ftE 459.20 FEET; THENCE N 50010'00", W 160.16 FEET; THENCE N 70030'00" W 110.90 FEET TO A POINT ON THE SOUTHWESTERLY LINE OF SAID LOT 6, THE END OF SAID EASEMENT. .' '. EASEMENT A SEWER EASEl1ENT SITUATED IN THE NW 1/4 SE 1/4 OF SECTION 18, TOWNSHIP 10 SOUTH, RANGE 84 WEST OF THE 6TH PRINCIPAL MERIDIAN, PITKIN COUNTY, COLORADO. SAID EASEMENT IS 2.0 FEET IN 'WIDT:Ei LYING 10 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: BEGINNING AT A JOINT ON THE EASTERLY LINE OF UTE PARK WHENCE CORNER NO. 9 OF THE RIVERSIDE PLACER, M.S. 3905 AM., BEARS N 38011'25" E 123.1.7 FEET; THENCE N 56043'00. W 151.36 FEET TO A POINT ON THE 1,'ESTERLY LINE OF UTE PARK, THE END OF SAID EASEMENT. : . . . : "'t"'.. -'_"""""~ ~, ^ R corded At 3:58 PM May __, 1976 e 1839("' Julie Bane RE~qrder BOOK312 PAGf152 REception no EASEMENT GRANT KNOW ALL MEN BY THESE PRESENTS, that FREDRIC A. BENEDICT, FABIENNE BENEDICT, and BENEDICT LAND & CATTLE COMPANY, a Colorado corporation, collectively referred to herein as "Grantors", P. O. Box 40, Aspen, Colorado 81611, for $10.00 and other valuable consideration to them in hand paid, receipt of which is hereby acknowledged, hereby grant to the CITY OF ASPEN, a municipal corporation, referred to herein as "Grantee", 130 South Galena Street, Aspen, Colorado 81611, a perpetual non-exclusive easement and right of way over, upon and across the following described strip of land situated in the NW one-fourth, SE one-fourth, Section 18, T. 10 S., R. 84 w., 6th P.M., Pitkin County, Colorado, to wit: The Easterly 30 feet of Lot 21, Riverside Subdivision The grant includes the right on the part of Grantee, its agents, servants, employees and contractors, to pass and repass over the said right of way, in vehicles and otherwise, for the purposes of water lines and the maintenance, and repair thereof. This easement shall inure to the benefit of the Grantee and its successor municipal corporations but it shall not be assigned or transferred by the Grantee, in whole or in part, to any third party or parties without the prior written consent of the Grantors or their heirs, personal representatives, successors and assigns. -, ~. ^ .,.-,., -~ BOOK 312 PAGE 153 IN WITNESS WHEREOF, the Grantors have executed this ~ ~' Easement Grant on the /~ day of A~~, 1976. ~~P4 ~-h.-/J -fv-J;:li ~ "."", ".,'",. 0: The foregoing instrum nt was acknowledged before me ../'.1. ,:1."J}4."..this~ day of~.t!.d':'l, l.276, by Fredric A. Benedict and ,"-.;y ~""'""'"""" ~ FJibienne 'Benedict .J?j., f YfI~ .' ,';>:' ~ ~j:>V ... ~ ';. ,~" f ~'\..\>" .1:':' '\ ; Witness my hand and official seal. , "? '~-- , 0: :',~ ;':...:~U'0\~~~zl My Commission eXPires:~t0v J- /971 "~, /..., ',,' ~...&...-'" .. -0""" ~,,'" " 'I",' 'n"" C " " " ,..." !"" ',.". ...."'..........."'"."\\" ~--~Ai:'ll:'IiJJ!. ~'l, ...-' '\.' ......., . ,-( .~ , ". , ',,' (' ..: _:',.;,,~~1_' . eO':'," ....., ~:.;:;;n',' .' . a.t'iti. ':'~;:. ... .. -'-'., .'- c,_,..;.',... ._'. ,.~: S :OJ':';'~<,'::': '.,.;;, i~k~, ~\~:r~'..:\t;);~~j!,;12' .... ~ },"'t;:::, ':, I .; '{Sea.Lofl"'" .,. -',;}' \- ". ri> ~>~'.".':'~'.~;.'~1_-( -'::.tx1:~~:- ~\ Iii'<'-';;- "p. ,",';I. . - :;!'~"';' )~::'" ..,'" ',' ......;.....>.,.1Ar-' ,"o~\,.,....' , . .... ." S'~l'~.;:e.~ ,C:'OLORADO .'"..,;.;.<,'1'-.;-.;..:':.....: ,"',: ~~a~ ...6bc;;;;;;;?'~ ~4~a~~ /.>2'2/-~' .~ -~edric A. B€nedict ~ ~~ ~ ~./-.o ~ e-r::2... dc?d ".-..v ./~-? ~L:?-.-:?~A2 4.~.p ~/-~_ ~ -i'ab'ieiin~ BeneClict ~;;::5~ BENEDICT LAND & CATTLE COMPANY B~~~~-<<- prcdric 1{. R~p~~~ct, President "2:V~ _ ss. County of Pitkin STATE OF COLORADO ) ) ss. ) County of Pitkin ?- . "".1.he for~.'!J:? instrument w~...ac~oy;')..Jl~d..9'~<;l before me thJ.s /9-day of' , 1976, by J!ln.dl1.c 'zr?~criocrict as ~ President of Benedict Land & Cattle Company,' a Colorado ~~ corporation. " ,.' ,~ '"'\ . t,\ :?l " ,',_ ."'''.. -1 L :' ,I. -.I' ~,,", -....,.~.. ~ ;,' .: \"'>' I" ,~: "\' I\, Ii) '. ~ ~ ': t',\ \ lj\, ~ :' ~ . '." \) !--~ .. : "'_: ','-,' "'-:"J... r :0 ., ...... "- ......:';.T ,-' ~ - ~ ",',~ ,,";~ &:. I:) I ,\"1\,~ .~:.'" '( ..... ;' UP .,.t.:;:::" ,~."." ....~~, > . /,1 .'........ ~,,"'" "k' Orv Witness my hand and official seal. My Commission expires t:>?~ 1; If 7 r -/~ Notary Public, -2- '" 0> eIIl'i O'M 0 oM~ 0 4-1 ~ ,'C 0 4-1 rtJ r-l . Olli "" N . . . "" I .... "" 4-Il'i 4-1 4-1 OM '. ~ . . O'OOr-l 0' 0' >. {/jell 0 00 00 "" '00 ..-1 O::l 0.. 0 0 r-l r-l "'r-l 0 0 OM "" Lf\0~ M 0 o .0 Lf\ '" ~ l'i 0 ~ ~ && r-l . ""M 0 r- \0 "" "" M-ro Lf\ "" . . . "" .... .... 4-1 4-1 4-1 ~ . . . 0' 0' 0' H 00 III 00 ~ ell \0 .0 00 <l; '" 0 0 0 <l; ::l::l ""... \0 0 0 0 ~ r-l0 r-lr-l . "" "" 0 Eo< tJ.c: """" N ~ ~ ~ H es '" '" N Pl H ~ <l; . . ~ "" .... 4-1 4-1 . . iii 0' 0' E-t 00 00 H 00 III ell '<I' Lf\ 0 0 l'iOO <l; '" r-l "" \0 ;3:::l MM Lf\ .-l 0 Lf\ o .0 r-lr-l 0 ~ ~ ~ E-t.c: """" \0 \0 N <Xl M N ... <l; I N '" r-l . "'" "" '" 4-1 ~. ~I .c: . 0 0> ~ 0' r-l ::l N 00 "" 0 .-l ~ "" 0 "" .c: a:lr-l 0 0 "" ~ I Lf\ 0 ..:i r-IOMl" ~ ~ ..; <l; ..; r-lr-lr-lr-l . Lf\ N "- "- "- #=#:#=#:\,,0 r-l r-l r-l Z ~Z Z 0 ell ell 0 "" 0> 0>'0 OM rtJ rtJ"" l'i ~ ~ ::l . >. ::l ell ell 0 0 r-l I> I> l'i 'M . 0 0.... . . S "" 0 0 .... .... r-l rtJ 4-1 . 4-1 4-1 ell 5 4-1 ell . 00 ."" 00 0 S . '00> '00 .0> ."" ~ S ell X 0 0' ~ l'i ~ O'l'i O'l:: rtJ OM r-l ell 0 00 O>'M 0>00 m'M 00 ell 0.. l'i 0> r-l ~ '0 OM '0 S ell 'M l'i g. '0 Q) .r-l . l'i .r-l . Q) ~ 0> S 'M Q) 0> X,'M X l'i XOM XtJl 0 rtJ tJl 'lj .0 rtJ o ::l OQ) O::l o rtJ ell ~ ~.o ~""r-l ~.o "'.0 "" ~ . ell 0.. 0.. 0 0.. 0.. 0 0 0 0 0 I> 0..4-1 0..4-1 0 0..4-1 0..4-1 ..:i ..; Z Z Z <l; ";0 <l;00.. ";0 <l;O ..=I"" 1'"\ .o:t!l 8.0: ~ O~ /--' 8() 800K312 PAGE125 tIl .... ",.0: . (I) .o "'" J.l '" '" u .0: o-l "'" N . . +>+> +> +> <l-l<l-l <l-l <l-l . . . 0'0' 0' 0' tIl tIl tIl tIl tIl "'"0 0 0 o-l NO CO 10 III NO <D "'" +> , , , 0 .oN 10 "" 8 o-lo-l CO N <011 ol (I) ~ U'.-i '.-i~ <l-lJ.l <l-llll o Pol . z 0 ~I H ~ :::> ,'Q:l ES J.l 0 .0: <l-l 8 .0: (I) (I) t:l ol ol III Ill+> "" <l-l J.l J.l ~ 8 0 (I) (1)(1) H >~ >= tI) . Os: 0(1) +> '0 UO Utll <l-l ~ ~ III ::s .~ . (I) . 0 '0 '0 0' J.l (I) J.l tIl J.lo-l .0: tIl I OlU ol+> Ol'.-i J.l III (I) III 8 .ljlQ).q...j . (I) . J.l HN l< s:l'O J.l l< J.l l<+> Q:l O'.-i s:l ::s o+> 0 H(I) J.l~ ::s tIl J.l tIl J.l (I) :<: ol PlJ.l PI PI~ ~Ill PI III PI<l-l PI..-i ""11< .0: PI .0:0 .0:..0 ~ r, / ~ BOOK312 rACE 126 EXHIBIT "B" DEVELoppmNT SCHEDULE - CALLAHAN SUBDIVISION A. Condominiums. Subdivider will commence the construction of condominium units contained on the Plat in the 1976 or 1977 construction season, with the completion of such units contemplated in 1977 or 1978. B. Clubhouse situated on Lot 14. Construction of any improve- ments to the existing structure and any alterations thereto shall be completed by December 31, 1979. C. Recreational facilities contained on Lot 15. The facilities situated on this Lot shall be constructed by December 31, 1979. D. Roads and Utilities. Subdivider will commence construction of all roads and utilities provided for on the Plat prior to commencing the construction of any other facilities or sale of any single family or duplex lots provided for on the Plat. E. Subdivider shall have the right to construct, by staging, any portion of any of the facilities provided for on the Plat at any time he decides within the development schedule heretofore set forth for such facilities. F. No certificate of occupancy will be issued for any im- provements until all roads and utilities servicing those improve- ments shall have been completed. Construction of utilities and roads to all lots except lots 15 and 16, must be completed before a certificate of occupancy will issue for any improve- ments thereon. The certificate of occupancy for the improve- ments on Lot 15 shall in no way be tied to the certificate of occupancy for any other improvements. Further, subdivider shall complete all landscaping shown on the Plat by December 31, 1978. G. Subdivider will be deemed to have complied with the previsions of. the Plat for improvements on Lot 15, if such improvements ^ ,-", .' , , / ~ BOOK 312. PAcd27 .. do not exceed the footprint or vertical elevations contained on such Plat for such improvements. H. The only sanction for failure to construct any portion of any of the improvements on the Plat within the times provided for their construction hereunder shall be withdrawal of approval by the City for those improvements not so constructed and shall in no way affect the validity of the approval for those improvements constructed within the times provided for hereunder, or in any way give rise to any claim by the City of Aspen or by' any party claiming under or through the City of Aspen against subdivider for the cons,truction of any such improvement or for damages for failure to construct any of them. I. To the extent of any conflict between the provisions of this Exhibit B and any other portion of the Subdivision Agreement, the provisions of this Exhibit B shall prevail. -2- '.,...........-- I'" ,-,. EXHIBIT A SPECIAL INSTRUCTIONS This Exhibit is intended to advise the City of Aspen ("City") that the First National Bank in Aspen ("Bank") has established its irrevocable credit Number in the City's favor for account of Robert S. Goldsamt ("Goldsamt") available to the aggregate sum of $271,000.00 by drafts drawn at sight on the Bank. The terms of the draft are as follows and as such will be duly honored: Robert S. Goldsamt, as subdivider under the Subdivision and Planned Unit Development Agreement for the Callahan Sub- division ("Agreement") (a copy of that Agreement is attached hereto and incorporated herein by this reference) has promised the City that he shall guarantee one hundred percent (100%) of the current estimated cost of all common improvements within the Callahan Subdivision agreed by the parties to be $271,000.00. The commitment shall be irrevocable until the construction of the improvements has been completed under the terms of the Agreement or until $271,000.00 has been paid out for the common improvements under the letter of credit or otherwise, whichever occurs first. Provided, however, that as the construction of the improvements progresses the amount of the commitment shall be reduced in proportion to the completion. Provided further that this letter of credit may be revoked upon Goldsamt providing an alternative form of security meeting the requirements of Paragraph 2 of the Subdivision and Planned Unit Development Agreement for the Callahan Subdivision. If Goldsamt requests, the City Engineer shall promptly compute the percentage of improvements completed to the date of the request and notify the Bank thereof authorizing ^ "-', it to reduce the commitment in that amount, except that ten percent (10%) of the estimated cost shall be withheld by the Bank until all proposed improvements are completed and approved by the City Engineer or until such ten percent (10%) represents the only funds subject to the letter of credit, and if at either of such times $271,000.00 has been paid out for the common improvements or they have been completed, the letter of credit shall lapse. If this Application for Commercial Letter of Credit is signed by one individual, the terms "we," "our," "us," shall be read throughout as "I," "my," "me," as the case may be. If signed by two or more parties, it shall be the joint and several agreement of such parties. This Agreement shall be binding upon the Applicant, the legal representatives, successors and assigns of the Applicant, and shall inure to the benefit of and be enforceable by you, your successors, transferees and assigns. If this Agreement should be terminated or revoked by operation of law as to the Applicant, the Applicant will indemnify and save you harmless from any loss which may be suffered or incurred by you in acting hereunder prior to the receipt by you, or your successors, transferees or assigns of notice in writing of such termination or revocation. Furthermore, this Agreement shall be deemed to. be made under and shall be governed by the laws of the State of Colorado in all respects, including matters of construction, validity and performance, and none of its terms or provisions may be waived, altered, modified or amended except in writing duly signed for and on your behalf . -2- --...",. --;:;~, ~. .-, First I.~' ,y.I' National ~.' tk...' Bank ".;,~ .: __y en ~ " ~,--, -- POST OFFICE BOX 3318/ ASPEN, COLORADO 81611/ (303) 925-1450 IRREVOCABLE COMMERCIAL LETTER OF CREDIT TO: City of Aspen Municipal Corp. No. 185 Date: May 19, 1976 Expiry: November 19, 1977 Gentlemen: We hereby authorize you to draw on THE FIRST NATIONAL BANK IN ASPEN for account of ROBERT S. GOLDSAMT up to an aggregate amount of $271,000.00 available by your drafts at sight at the First National Bank in Aspen per Exhibit A, Special Instructions (attached), and per Exhibit B, Conditions. c-" C-~'- ,,,c,,.. ~~... """""',,,,,,.,,,,,,,- Starodoj ~ P;eside ,. "-"~"^-""'- > "~""k:'-....., -- ........"'...... ---~~.;:-;:-:;:;:---- - -~..~ ~~;^ ",...." r-, , First 1;, " ( National ". ~'_: ~:..- Bank "",~ ~ , ,',C ""_n__,_":_.~~' .........y en ~ " '"'" .. POST OFFICE BOX 3318 / ASPEN. COLORADO 81611 / (303) 925-1450 IRREVOCABLE COMMERCIAL LETTER OF CREDIT TO: City of Aspen Municipal Corp. No. 185 Date: May 19, 1976 Expiry: November 19, 1977 Gentlemen: We hereby authorize you to draw on THE FIRST NATIONAL BANK IN ASPEN for account of ROBERT S. GOLDSAMT up to an aggregate amount of $271,000.00 available by your drafts at sight at the First National Bank in Aspen per Exhibit A, Special Instructions (attached), and per Exhibit B, Conditions. ~$: ~-~'--~".,,-- Starodoj: presid~ . -.",...,. , ," F '\ ~ i" '\ May 19, 1976 '. , Thomas S. Starodoj, President First National Sank in Aspen Post Office.Sox 3318 Aspen, CO 81611 EXHIBIT B Dear 'rom: , " REi!: CoIllIitercial'Letter of Credit No. 185, Conditions .. and the . .~. . 1. This ~etter, ~ogether with the foilowi~g docume~ts instruments, shall comprise the terms and conditions of above-referenced Letter of Credit: (1) Application for Cqmmercial ~.tter of Credit , dated April 27, 1976. (2) 185 with , , Irrevoc~le . Commer,cial Letter ofC~edit No., . ~xhibit A, S~ecial Instructions. " ~ '.. , . " ". . " : (3),. promililsory Note, with Exhibit A, in face ,amount of $271,000.00 made by ~obert S. Goldsamt.. '..,. (4)" D~ed. t;lf ~;us:t, with Exhibit A~' securing the 'J?rolllissory Note referenced in (3) above. ~ " . .(5) . Callahan ; , . . . Subdivision and Planned Subdivi$ion~ . ,~ "." ~-. ~'. . Unit Agreement for the (G)'Authorization to Pay Proce,eds of Note. .. :,2. , . ,Peliverecr. to you herewith is a check in the sum, of $677.50 on behalf l?f Robert S. Goldsamt ("Goldsa~t") repre- senting payment of a fee in the amount of 1/4 of one percent of the face amount of the letter ofcredit~ the,acceptance of whiphwillobligate the.First National Sank in Aspen ("Bank") to issue the above-referenced Letter of Credit. ' . , .. 3. ~ldsamt repre~ents to the satik that the Letter C:;f Credit is for the limi:tedpurpose of securing the performance of the subdivider under the Subdivision and Planned Unit De- velopmen:t Agreement for the, Callahan. SubdivIsion and that Goldsamt shall not tre<;!.t the Letter o'f Credit as interim ' , financing: nor draw" upon' it to finance any of the improvements contemplated under the aforementioned Subdivision Agreement. ". '.' 4~ Prio~to the.e~piration of. Eii'~ty (60) days from the date h~reof, Goldsamt shall either replace this Letter of Credit with a similar obligation which shall be satisfac~ tory to the City of Aspen and which shall also provide for the full and complete release of the Bank from any furt~er obligation under this Letter of Credit or pay to the Bank an additional sum equal. to 1 and 3/4 percent of the face amount ,of $271,000.00. It is understood that, in the eVent Goldsamt fails to replace this, Lettsr,of Credit, he shall be obligated to paY the aforementioned additional sum within the time provided. ..... " ." , , (" \ , " Thomas S. Starodoj page 2 May 19, 1976 , 5. Upon submission, of an MAl appraisal, the Bank agr~,es that it will grant partial releases with respect to the property securing this Letter of Credit. The extent of the partial re- leases will be limited, to thirty percent (30%) of the appraised value of the entire property, provided the ,Bank shall have com- ,f plete discretion as to what part of the property it will agree to release; and, ,further, the Bank,shall also have complete " discretion to reject for any reason all or any part of the 'ap.praisal, ,whereupon the Bank shall be under no obligation to grant any partial releases hereunder. '6.' Golds~mt represents that there will be i~sued to the Bank a, title insurance policy, premium paid, as per Stewart . Title Guara~ty Company commitment No.CC23429 of April'19, , 1976.' The. failure of Goldsamt to cause the issuance and de- livery of the aforementioned title policy to the Bank within ten (10) days from the date hereof shall be an event of de- fault under the Letter of Credit, lothereupon the Bank may ter- minate the same. ' '. .~~~~;~~~'..~ Approved: First Nati~n~l Bank in Aspen By~tar~~~- .' .::<t~~~I, (;"IOtOdo" (.'-'. 'C:vision bf Plonning/5?4 So~i~1 ServitC5' tlldv.l ",,,wer.130203 NpTICE OF INTENTiO Af'Pl.Y Fon FEDERAL AID ,- I ~ St:7&"~CO-/: )"3:t2! rARD rYeE " "'-'--- 10-11 Af'I'Llt:M-lT PRO.lEe r TI ru: 12.71 01 Aspen Club f~P,7LIi.:ANT AGENCY' ]-4S COUNTY 61.1!) I ZIP C(,lOE 76-ao ;;D;~~;~ 6 r!;:;; 1 liM'6 12.71 PROJECT LOCATION. CITY12~45 I PROJECT lOCATION. COUNTY 46a79 P'itkin 12 City of Aspen FEDERAL FUNDS MATCHING FUNDS GFfANT 12..19 I' OTHER 20-27 STATE 28..35 lOCAL 36~3 -0- p,800,OOO ~O- -0- lYPE OF orHER FEOERAL FUNDS \2-4S 90% guaranty to provided bvFmW>'~B & I Div,ision FEDERAL PROGRAM rl T1..E 12..71 Business & Industrial Developement FEOEr:tAt.. AGENCY NAME 12-45 United States Dept. of Aqriculture OTHER FUNDS 44-51 TOTAL FUNDS 52.60 1,000,000 3,800,000 13 bel TYPE OF or,,:" NON-FEDERAL FUNDS 46-70 OWners Equity 14 Loans Program # 10.422 I FEDERAL Sl..;="~GENC,Y 46-79 Farmers Home Adm. Bus. & Ind. Di,. 15 TYpe OF APPLICANT: lcheckthe SIt'igle IT\()Sl applIcable boll./ INTER. STATE STATE COUNlY 012 . 0.3 0,4 lYPE OF,A.CTlON: (checl( as many poltes as applv) CllY D,s SCHOOL DISTRICT 0,6 specl':'~ UNIT 0,7 COMMUNITY ACTION 018 SPONSORED ORGANIZATION 0,9 OTl-;E:R [Zl,o ,16 NEW CONTINUATION SUPPLEMENT INCREASE GRANT, .'~ .....GRAN=t' .._..... ... GRANT DURATION kJ2\ On 023 024 is STATE PLAN IS PROJECT UNDER REQUIRED? A95,JURISDICTION? May HAS FEOErIAl.. FUNDING AGENCY SEEN, NOTIFIED? 1st INCREASE DECREASE DOLLARS COLLARS 027 0,8 IF STATE AND/OR' lOCAl. MONEY 1$ REQUIRED. IS ITi' ALREADY IN KINO FUTURE APPROPRIATEO MATCHINC APPROPRIATION D3S 036 037 ESTIMATED ENDING DATE I.DAY 46:47 YEAR 48-49 30th 2006 Wn..f- PMOQ:j...\M NECES. WILL FUTUFlE STATE FUNOINGAEQUIREMENTS SITATE Hli=lING N:.'.'~ I CURRENT, UNANTicl" STATEEM?LOYEES? I APPROPRIATION PATED' YES NO INCREASE n a OECREASE fK)S2 053 DS4 ~s; OS. 057 ESTIMATED PER CENT CHANGE OF MATCHING MONEY oeCREASE .- OUR~TION.' . c.t\Nce:"'!....AilON 0,; 02; eNVIRON~.tENT AL. IMPACT? YES 029 NO YES NO k]JO 03, k]32 ESTIMATED STARTING DATE DAY '40..41 YEAR 42.43 YES 033 NO kJ34 MONTH 38.39 MONTH 44-45 1976 April PROGRAM FUNOtNG YES kJ50 NO Os. CONSTANT OS6 n/a '" OF MATCH CURRENT FISCAL YEAR LOCAL 12..14 STATE lS..11 . FEOE~AL \8-20 SECOND FISCAL YEAR 21.23 2~..::S 21..29 17 THIRD FISCAL YEAR 30-3' 3Jo.3& ,__-"---'''-'' ..t3..J8 ! :-.. ~7' ..... ~_.. : ", ." <=' [) ',. -.--... .'----,-- H.1~: :...:'........i.;a..L.1,.lCH.'.t.........._--strn"'t llLlAR M"'rCH !'t"',!t t...1 -; ..... -;-0-;':"0;:'- "66:73 .....,.L:.&.u :--, ti"'"~:"'l;:'J OF l ; ~"\I'...I,.""..J INDIRECT .'ROGUA:I.;, cosrs 3$.046 OVERH(AlYPROc-.RAM COSTS I~. l~.. ';I~.O 41.54 (AS1) !t5~57 FORM NO. D4.EeO..NSf= 1172..1 DO? 73-1 , ..,~, , j:.:T:';~'~'- i , , ,\ "' :::..: COUNTY -':"T "3UU ~~:CllRN _::=':"'IFF '::::1 COUNTY ~:=R -6'( ::>LAKE - SULPHUR SPRINGS ~ING, ::::::;::IN COllNTY ,.::EN '-'!-l COUIlTY '3< ~ -:-r COUIlTY -::;;;N " -:-"lEEK " '~"BOAT SI'RINGS .-.;>A- = COUNTY , ',,= RIVER , ="ENRIOGE ~"'" --" ~THORNE .:. ;,., '~, 0 ;:.; ,4< ~ ::., .~~' C\ LA"l- ncc.;::)!-J ><11 NORTHW(');OCORAOO COUNe,c OF GOVERNMENTS ."-'" ..1'1......... ~ HoUday Cen!cr 9uilding'" Suite:?OO p. (l. BOX 737 FRISCO, COLORADO 30443 (393) 468"5445 COMMENT SHEET Date: . . Northwest Colorado' Council of Governments P.O. Box 737 Frisco. Co. 80443 Name: Stacey Standley Title: Mayor Agency:City of Aspen SUBJECT: Project'Summary Notification Review . TO: FROM: o o o , "Applicant: Robert S. Goldsamt dba Aspen Club Proje~t: ' Aspen Club State Application Identifier: 76-01-13-01 This agency does not have an interest in the above projel?t. This agency has further interest in and/or questions concerning the above project and wishes to confer with the applicant. , ft\.,\;--........... "...- s~" ; . This agency is interested in the above application and wishes to make the following comments: ( ) Favorable comment '( ) Negative ,comment ' ( ) No comment -,' " ;"., " ' ,.:,,;:,;~,;t:,' ..... ~ .\ . I " i ~ . . '" - ' ,t''''\ItFlELD ~ HECl IT ATIOB.N5.YS,.1..:" LAW POST OFFICEz'::<: 8lJ7 ASPEl'l,COLOR.'':v 8\6.11 'R'( .'\,,- 0 .\CoJ-.~l}t.. _ _.......~.._-,.: >lA 1.0 GAR FInO ",jR.ql V.llEOIT - -,;N.1.. LAWRENCE January 6, 1976 JM.113 1976 t... ...: .Jf f-L.....:..ui'iG TE1.EPHONE PO)) nS.19J4 I / [ ( Mi _. Richard Brown Regional Council of Governments Division of Planning State of Colorado 524 Social Services Building Denver, Colorado, 80203 oo;ep16 -0/-/3-01 I I Dear Mr. Bro~m: . 'I am submitting a notice of aid on'hehalf of my client, Aspen Club. intent to apply for federal Ro=~rt s. Goldsamt, dha The ln support .of Answers 31 ai1G' 32 I wEl briefly -discuss. ' - the scope of the proposed development and its environmental impact. First, you should note that the Government of the City of Aspen has preliminarily approved the development and has thereby found nO subst~~tial adverse environmental affects from this project, nor are there any irrevocable or irretrievable commitments 0= resources. . I I I f , The project is intended as a r~al' small business and it is not contemplated that its development will have a sig~ nificant impact outside the As:~nt Pitkin County community. Therefore, we have asserted that the project is not under A-95 jurisdiction, and that the environmental impact is minimal. ' Sincerely, &~~:~.r ~.. An.drew v: Hecht AVH: lh Encl. cc: Northwest Colorado of Governments Mr. Reg Burton Counci: . . . .' "":,.'.. ,.. ..' " .\ .. " .i<~';.r~.~-:- ..,v" j I '. , . .. .\ . ,~ ~-", ^ \' .. , ,~. ' ".':,-\_:4 r , '. ~._"~.'"''..''''''''' ......1.. .,.., ',.-.., .....' ., \. __.._.___........__...,......1~,.___ ...r..... -, .'. ~ .. . .' .. . .. ".;"" : ..., .... 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'. .- '. 8 ~ (,j 0' ~s '" "-'" lo.:>(j i. .:0.- "-'1.<.:.- ~;;;~ ~~f ',I. ;';::l -i",;"': ~~~ >.; '" 'I)~ "':'.". Notice is hereby giVell~atfhel>.SP~~;lannillg and Zoning' Commission shall, hold apubliche:ng on December ;2, 1975, ''-'5:00 p.m. ,City .~un~~~ <;::;;~:;::;:;;;;;V;:;;;O~;;;~;;~;~~l;~i~a~:~w~U~;ViaiO' \"6 A parcel of Land situated in the east 1/2 of . \y. ", ....,. S t'18'f )' 10 ] ' . ..' .. ..,. . '. ec Ion , OIYl1S IIp sout 1, Range84 west '~" ." the 6th principal meridian, Pitkin County" . '\ ...sf.... ,... '.' Colorado. Said parco! being more f. UllY.. d. eSCl'ibed: Wy . ';, as follows: '., ,.' '. . ......... " . " ncginning at corner 9 -of the Riverside Placer MS 3905 AM.; Thence north 242.86 feet along line 8~9 of said Riverside Placer; Thence N 89053'46" E 149.71 feet; Thence cast 2.54 feet; Thence N15 0 13' 00" E 137.22 .feet; Thellce N 28030'00" IV 132.58 feet; Thence "est 125.00 feet to a point on line 8-9 of said Riverside Placer; , Thence north 225.77 feet along line Riverside Placer to the SW corner of the Addition; ~~ , Thence N 89.5!;! I 14" E 531. 61 feet along the Southerly boundary line of,said 'Riverside Addition; Thence south 35.06,fee1' along said south line; Thence N 89. 51'10" E 86.86 fe'et along said Southerly line; , Thence north 35'.04 feet along said southerly line; Thence N 89052'14" E 86.35 feet along said Southerly line; ,Thence N 51032'57" E 96.40 feet along said southerly line; Thence N 00.55'49" W 29.93 feet along said southerly 'line; , Thence N 51056' 00" E 162.30 feet along said Southerly line to a point on the westerly right-of-way line of Highway No. 82; 'Inenee S 21030'00" E 69.69'feet along said right-of-, \ "," ., ! 8-9 of said Riverside " $ Thence S 89059'24" J3 8.'00 along said right-of- Way; 'Inence along sa'id right-of-Ivay 107,95' feet along the arc of a curve to the left having a radius of ' 5770.00 feet, the chord of IoIhich bears S 28.07'51" E 107.95 feet; ..Thence S, 35006'54" E 96,08 feet along said right- of-Hay; Thence '5 29.37' 00" E, 67,88 feet along said right- Of-loIa)'; .' Thence along said right-of-way 319.97- feet along the arc of a curve "to 'the 1e.ft havJnfr (~'7.,.dius of 603.00 ., '. 0 feet; '. ' Thence S 59027' 00" E 104.10 feet along the southi"esterly edge of said right-of~"'ay; Thence N 89.46'00" W 256.03 Thence S 00.11)' 00" II' 231.75 Thence S 67.:;,1'04" Ii 237.70 Thence S 00014'00" 1i 140.00 Thence N 89"46'00" 1i 270.00 Thence N 00.14'00" E 230.00 Riverside Placer; 'l1lCnce N 89"08' 24" \./ 615.1)3 feet along line 9~J. of said Riverside Placer; Thence S ()9"29'2J" II' I)J 7.22 feet;' Thenco N /),1"00' 00" II' 200.00 feet; Theneo N 49"00'(10" II' 3:;0.00 feet; Thene" N (,8 "00' 00" Ii 120.00 feet; Thence N 38"11'2[;" Ii J[.8.05 feet to 'the Point or Beginning, . cont'ni.nil1g:?5 .00. ~lC1'''(~~i Illore or lc\:~;;. t. . feet; feet; feet; feet; feet; feet to, . corner 'No. 1 of said, ..., ^ ~ 2. 'The Rezoning to Rural Residential (RR) of Parcell recently annexed to the City of Aspen and shown on Exhibit B and more particularly known as: f'Ar<.ceL NO; I . '\ A "!RAer O'f LAND 0<TLJATEO I~ THIS NW 1/4 eE V4 Of' -::>~11ONle, TtCb, It B4 W u, lli PM, F'ITI'QN COUN1'(, caoRACO, -::AlO 11<PGT l~ MORE: FUl.LY DCX<<JBt:O I'b FOLLOwe, : eE6INNN0 AT CORNER. NO,0 ofiHE RlVER61DE Pl.ACER. (wV;>. :>S05)/ l1-l~ 58",,'06',Z4u C 546,4"1 FEX--rAL.oN0UNE <;)-1 OF b<\ID RlVE-RSIDE PLAcER. (!;jl')T'N(;l a(-{-CUUNW lANe:.) 1HENCE. ~ CJC:)'Z9' ZI" W .<117. Z:Z. F~ET,' l1-lENCc. ~ B.<1'OO' CX)"W ZOO.CXJ FfET; lHENCE N .<1':7.00'CQ" W 3S>O.CO nET; 1He./,JCE. N u,S"CO'c:o" W \?.O DO FEET; 'THeNce: N3Bc,I'Z'5" E l'5o.()~:5FEET TOH-lE. ~!HTOFBE61N~,J/N0 WH1A!NIN0 4.11~ Acr<T.:? /v'\Of<-E. OR L..t~6?, ,3. The rezoning to R-15( Resi.dential of P13,rcel 2 recently annexed to'the city of Aspen a,nd shown on Exhibit B 13,Ild more particularly known as: PARCE.L NO.'2- A TR.AcT OF 't.-'\ND 61i1JAT>"--D 'IN THE ~E '/4 NE"V4 AND IN /HE NE}.:4 6E:. ~ OF ?EC.TION 113/1100:>/, R &~ W u, TH F.'M. PITKIN COUNTY,CDLO~ ~ID 1T<'Acr 1'0 MORE: FULLY DE'OCRIBF-D A'O R?LLOW6 : ' BChlNNIN0 Ar coRJ..JER NO. I OF Tl-jE RlvERSlDE ftAC.ER_ (M.~. 3905).- -n../E't..JCe H 00' 14' CO" E 5CO..<:\7 ALONG> LINE. I -'-;2. OF ~IP R!ve:.R-::'IDE. PLACER. (E)(1?11N0 CJW-couNn' UNE.)rO A rolNT ON 'THE bO.JTHWE6T~'( EO:?E.. or THE. COl.ORAW ?1Anc HICMWAY NO. B'4. {Z''''HT .Of .IYAY f THEONCE- 30~.08 FeeT AL.oJoJ6 THE. />-fer.., OF' A CURvE -m n-lI:' LEF( HAVINS A '~IU6 OF 60.00 Ff:ETAND WHO'OE. CHORJ':> BCAR:5 644'455,7"E ;?O5.71 peer, ':?AlP ~ eQN0 lHE.. ~TH\'VC:'.::5Tl::R.L,( ecc?E. OF ~D RIE*-1T' OF~WA:(i 1He:NC.e ? 5":>'U' 00' E'. 104.10 FeE:f ALON01T-<E 6Ot.JTHWE6TERl...'( eDSE. cr ~D RjSHT -Gf' - WAY, . -rr,~E:. N EI3 9 /jG>' CO' W 2.6(;,. O?> FE'.E-T / ' ' 11-~ENCE Scoo\.4'CO" W 2.31.76 FEElf .~C'-NGE. :::, (P7' '31' ~ "E.237. 70 feeT" '1'HENGE: So 00' {.4' 00' W 140.00 FEET i ,1-lE'.NCE. N 6"!>'-40' CO' W 2.70.00 FEET / ' lJ.-tENCE:. NCO"I4'CO'e 2.'30.ooFEP_T ~THE POiNT Of"BEGINNIN6 UJNTAlNlN0 2..2Z3 ACRE':;) MOREOF?-L.e.f.:>6. ':,'-,!' , ,'." ...," '~" .;" f";" '.' .~ ,. ,.,. .: '. ,~.; ;,y . .~ 4. The rezoning from R-15 to RR of Parcel, 3 shown on Exhibit 'B and more particularly described as: "".'. n. ~ _"';-" ,....i..-._~. ..-............___ ,.", ".. ....";..;.:..."'.~.'~-...;;--,... . November 12", 1975 pa.rcel No.3. Parcel for. Rezoriing .75-161 Benedict ... .:~..,.~ .' ,':". '..... 'I'. '. '-,.-',- .... . ~. . ... ~. DESCRIPTION ,-' . A PARCEL OF LAND SITUATED' IN THE NW 1/4 SE 1/4 AND .. .,IN THE,SW 1/4 NE 1/4 OF SECTION 18; TOWNSHIP 10 SOUTH, 'RANGE 84 WEST OF THE 6TH. PRINCIPAL MERIDIAN, PITKIN COUNTY, COLORADO. ,....... ;~., -'" 'ii.'; . ~ ~' SAID PARCEL -IS PART OF THE RIVERSIDE PLACER,. .M.S. 3905 A.M., AND IS MORE FULLY DESCRIBED ASP-OLLOWS: ...-..,..-.... '. ',:BEGINNING AT CORNER NO. 9 OF SAID RIVERSIDE PLACER, A RED Sili~DSTONE IN PLACE; THENCE NORTH 242.86 FEET.ALONG LINE 8-9 OF SAID RIVERSIDE PLACER; THENCE N 89P53'46" E.149.71 FEET; THENCE EAST 2.54 FEET TO A POINT ON THE SOUTHERLY BANK OF TFill ROARING FORK RIVER; THENCE N 15013'00" E 137.22 FEET; THENCE N 28030'00" W 132.58 FEET;' THENCE WEST 44.82 FEET; ,. THENCE N 25~45'OO" E 27.46 FEET; THENCE 177; 04 FEET ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A.RADIUS OF 162.00 FEET; THENCE 35.58 FEET ALONG TEE ARC OF ], REVERSE CURVE TO THE LEFT HAVING A RADIUS OF' 88.00 FEET; THENCE 191.08 FEET ALONG THE ARC OF A REVERSE CURVE TO THE RIGHT HAVING A RADIUS OF 112.00 FEET; "THENCE 47.19 FEET ALONG THE ARC OF A REVERSE CURVE TO THE LEFT HAVING A RADIUS OF 63. 00 FEET; THENCE 129.74 FEET ALONG THE ARC OF A CO~~OUND CURVE TO THE LEFT HAVING A RADIUS OF 113.00 FEET TIm CHORD OF HHICH BE1\RS S 77024'59" E127.75 FEET; THENCE S 04052'00" E 200.00 FEET; THENCE S 46000'00" W 185.52 FEET TO THE CENTERLINE' OF THE ROARING F.ORK RIVER; "TlIENC;E S 59012'00" E 104.03 FEET ALONG SAID CENTERLINE; THENCE S 52005'29" E 183.36 FEET ALONG SAID CENTERLINE TO THE INTERSECTION WITH LINE 9.-1 OF SAID RIVERSIDE , . _ PLACER; , THENCE N 89008'24" W 692.87 FEET ALONG SAID LINE 9-1 TO THE POINT OF BEGINNING, CONTAINING 6.363 ACRES. MORE OR LESS. '. :0;; . ,". ." ':'.' '~" " ;., " ,.'" :",,' ." ,', ".'" .. ,""" ....,,~.. , .,~'.' '.,. " ,,,,'.' '''0'' i>;' ":,> ~:.':~ ,,'-:: '''V :.;{' Plans are on file for each request in the Office of the City/County Planner and may be examined by any interested persons during no~mal business hours which are 8:00 a.m. to 5:00 p.m. Monday thru Friday. /s/ Kathryn S. Hauter City Clerk P4blished in the Aspen Times November 12, 1975. --v:::.-r.-' L " A.':)Pf:r..\ Gk-NE CEME.TEky , / - I '?-rTf.. . . "'-- '.8.8.'~..,.. ' '()() '~ ~, \" " '\, "., ' \~ ,\. ........ --. -"" \ , , / \ I \, / PROP05t:D ZONING CH.Al",J&E.5 1.' RR- E R - 1.5 :3 RR. 1'"1. ^ ~,' e , ,.. 'NOV. II; 1575 Exhibit G"E" .. ,.\ " . P I T B: I N c o t1 N T Y /~ /""", DIRECTOR OF HOUSING . P. O. BOX 9098 . ASPEN, COLORADO 81611 . PHONE, (303) 925.6612 MEMO TO: CITY COUNCIL FROM: BRIAN GOODHEIM-HOUSING RE: CALLAHAN EMPLOYEE HOUSING RECOMMENDATION -------~--------------------------------------------------------------- After reviewing the employee housing options available and proposed by the developer, and after consultation with the planning department, I would like to 'recommend that the developer-applicant be required to construct employee housing on five acres which it controls at the end of Ute avenue. The total amount of housing buildable on this site is, of course, constrained by its sensitive location on Ute Avenue, its elevation in excess of 8050', and the large percentage of steep terrain on the site's Southern side. I would defer a density determination to the planning office's judgement because of these constraints. It is obvious that the housing which this site can support will not even come close to meeting even the direct housing impact of the proposed development, but any housing is better than none at all. Naturally, a method of restricting, the resale and insuring that the premises will continue to be rented to bona fide employees at reason- able rates must be devised. 1"'. t""\ MEMO TO: CITY COUNCIL ,~~ FROM: DAVE ELLIS, CITY ENGINEER.~ DATE: February 19,1976 RE: CALLAHAN SUBDIVISION - FINAL PLAT, AGREEMENT AND SEWER EASEMENT FINAL PLAT At this time only two additional must be added to the ~inal plat. the fire marshall have agreed on fire access lanes The applicant and this matter. AGREEMENT The agreement is satisfactory and complete except for the dollar amount for the escrow. The applicant has agreed to the items which will be included in the escrow and his engineers are preparing an estimate. The preliminary estimate was $193,000 and the engi- neering department foresees no problem in agreeing upon a final figure. The provision for extension of the Nellie Bird ditch through Lots 15 & 16 to Ute Park has.;beeIl',deleted because it was our opinion that the ultimate costs could not be justified for the small quantity of water. More satisfactory means of utilizing the water are available. SEWER EASEMENT The alignment for the easement through Ute Park and Ute Cemetery generally follows the route of the existing bike path and is acceptable to the engineering department as is the written agreement. The engineering department recommends that council authorize the mayor to execute the plat, agreement and the sewer easement subject to the above comments. cc: Sandy Stuller Hal Clark ,....." .1""\ HE~10RANDurr\ TO: Aspen City Council FROM: Planning Staff (He) RE; Callahan Subdivision - Final Subdivision Plat and F;nal De'ielopmentPlan DATE: February 19, 1976 This is a request for Final Subdivision Plat and Final Development Plan approval of the Callahan SUbdivision which is continued from your February 9. 1976 meeting. A site inspection has ,been set for 4:00 P.M. Dave Ellis. Bill Kane and Hal Clark toured the site on February 18, 1976 together with Paul Kudic and Fritz Benedict for the purpose of examining the physi ca 1 layout of the indoor tennis court facility. The comments of the Planning Office are as follows: 1. Upon visual inspection of the site we feel that the building has been well integrated with the natural contours of the land which significantly conceals the vast bulk of the structure. We are impressed with careful siting effort. We do still feel that the addition of the third indoor court further impacts the winter use of the facility. , This is in addition to the impacts previously considered by Council at the conceptual and preliminary approval stages. , Possibly thirty (30) or forty (40) additional persons accommodated per day by the facility. The aesthic impact of the building structure has been mitigated to a large extent by careful siting. Criticism of the size of the structure on aesthic grounds is largely a value judgement for individual council members. 2. At our request. Article 13,concerning transportation assurances)has been added to the subdivision improvement agreement. We recommend retaining sub-section 3 which sets a five year 1 imit on these ser.vi ces. ' 3. We have asked for additional landscaping details for the area to the west of the indoor court which is in , close proximity to Ute Avenue. These have not as yet been provided. 4. The subdivision improv~mentperformance bond amount is not yet included in the agreement. This is due to the fact that the size,of the building is not resolved which would affect certain fire access considerations. Also. Council has not approved the alignment of the sewer easement through Ute Park (which effects costs of improvements). 5. Section 11 allows the developer to vary the vertical envelopes of the buildings to accomodate possible on site elevation variations. We have discussed this with the project surveyor and agree with the difficulty of actual contour measurementswhi ch necess Hates thi s variation section. The Planning Office recommends approval of the Callahan Final Subdivision Plat and Final Development Plan as filed with the condition of two (2) indoor courts in the recreation facility. ^ .-., ..:. ASPEN CLUB BUILDING INVENTORY PROPOSED MECH. 39,499 S.F. 728 S.F. 39,499 -38,446 S.F. excluding 728 mechanical - Total Building S.F. Total allowable 1,053 S.F. Given up from Proposed Club House Building Submitted by: APPROVED BY: . ~~~.~:;::3// C-'.,~~ ~. Andrew V. Hecht for the applicant !I!!!~fff/;7 Planning Director City of Aspen '0', ,I,..., ,~ GARFIELD & HECHT '-; A'I"'1'OitN'EYS AT LAW VICTORIAN SQUARE BUILDING 601 E. 'HYMAN STREET ASPEN, COLORADO 81611 RONALD GARFIELD ANDREW V. HECHT BROOKE A. PETERSON SUITIIl 201 TELEPHONE (303) 9:tS-1938 April 13/ 1977 Mr. William Kane Planning Director 130 South Galena Street Aspen, Colorado 81611 Dear Bill: This is an application for amendment to the final develop- ment plan for the Callahan Subdivision. The amendment involves a change only in the size of the recreation building but concurrently reduces the size of the clubhouse in an identical amount. The total allowable square footage for the recreation building in the first phase is 38,446 square feet. The proposed recreation building under this amendment would be 39,499 square feet, excluding ,728 feet of space utilized for mechanical equipment (1,053 additional square feet in the recreation building - excluding mechanical). However, such proposed expansion still lies within the building envelope permitted for the recreation building. In order to avoid increasing the commercial square footage, the applicant will reduce the proposed clubhouse building (Benedict resident) by the identical square footage by which the recreation building is expanded. Thus, the net effect of this amendment is simply to trade square footage and in no way does it increase the aggregate commercial space permitted under the final development plan for the Callahan Subdivision. The applicant requests that you approve the above changes without additional public hearing. Respectfully submitted, '.' /;;. / /c-- .~~ ,~~~. // ~/~ -S.:-"'.,-, "(.-' c:;;.-;;r/ Andrew V. Hecht for the Applicant, Robert S. Goldsamt ~ .'..---_.---..- ". .-, ":-~ t....... DELANEY & BALCOMB ATTORNEYS AT LAW DRAWER 790 GLENWOOD SPRINGS, COLORADO 81601 ROBERT DEI..ANEY Ke::NNETH BALCOMB ....OHN A. THUI..SON EDWARD MUI..HAl.l.,..lR. ROBERT C. CUTTER SCOTT M. BAI..COMB BIB COLORADO AVENUE TI::I-EPHONE 945.6$46 AREA CODE 303 May 13, 1976 Mr. Harold Clark, Jr. Land Use Administrator Aspen/Pitkin Planning Department 130 South Galena Street Aspen, Colorado 81611 RE: Salvation Ditch/Riverside Ditch/Callahan Sub- division Dear Hal,' I have received copies of the preliminary plat of the Callahan Subdivision from Eldorado Engineering and have noted thereon the location of the two ditch structures in question. It appears that the preliminary plats do not contain information (at least that I have been able to find) as to the specific right of way width for both ditches. I thought this was a possible source of future conflict that might well be avoided by timely objection at the present time. I really don't think the ditch company's rights will be jeopardized in any respect, however it would be a shame if they had to bear future expenses of litigation in order to establish the actual width of the right of way when it could be done without litigation at this point. Please give me your comments and thoughts in this regard and if you can, fill me in on the status of the Callahan Subdivision at the present time. Very truly yours, DELANEY AND~ALCOMB dziV! By Scott Balcomb SB:pc cc: Jim Snyder '..'"< May 19, 1976 Scott Balcomb Delaney & Balcomb 818 Colorado Ave. Glenwood Springs, Colo. 816011 Dear Scott: Pursuant to your letter of May 13, 1976, I have checked the Final Plat of Callahan Subdivision and find the following: 1. Both Salvation and Riverside Ditches are located on the plat with legal descriptions of each also de- tailed on the plat. 2. A buIlding setback of ten feet from centerline is shown for Riverside Ditch. 3. A twenty foot easement is shown for the Salvation Ditch. 4. The City Engineer bas advised that a condition allowing mechanized vehicles on the easement was not provided on the plat as 'he felt the easement width allowed such access. The Final Plat has been approved by the City Council, but not recorded as yet by the developers. The City Zoning Code requires final plats to be recorded within 90 days of Countil approval. I understand th~y have only. . five (5) days from today to record the final plat. -t<~eR&&. flftl-.,i: ~--I'i ~7", ! JK., I hope this information answers your questions. Very truly yours, )/daJ- Harold Clark, Jr. Land Use Administrator HC/bl.< P.S. Rubey Estates is proceeding with the County at Detailed Sub- division Stage. We have referred a copy of this to you for corrment. We are already aware that no easement is shown nor building setback. This is a Planned Unit Development and building sites will be located on the plat. -~._.--- ^ C@ Mountain Bell . ~ -~-- .- " Grand Junction, Colorado March 22, 1976 Tri-Co Management P.O. Box 1730 Aspen, Colorado 81611 Re: Callahan Subdivision. Dear Sirs: We have reviewed the preliminary plat of "Callahan Subdivision" for the adequacy of utility easements and dedication of the , same. In paragraphs 4 and 5 in the dedication, please eliminate restriction of easement granted to The City of Aspen only for public utility purposes. Easements must be dedicated to the, public utilities and not to the City of Aspen. We would appreciate the additions be reflected on the final plat as we cannot accept the dedication as shown. May we suggest the following phraseology be used for the dedication use of easements within said subdivision. "A perpetual easement for the installation and maintenance of utilities and drainage facilities, including, but not limited to, electric lines, gas lines, telephone lines, is reserved and dedicated over and through the PRIVATE , ROADS ~T[) STREETS WITHIN THIS SUBDIVISION; together with an UTILITY EASEMENT being Ten (10) feet in width along side and rear lot lines as shown on plat, and Twenty (20) feet in width along the exterior boundary line, together with the right to trim interfering trees and brush. Together with the perpetual 'right of ingress and egress for installation, maintenance and replacement of such lines. Said easements and rights shall be utilized in a reasonable and prudent manner." We believe all preliminary"as well as final plats should show the dedication, or reference to the particular "Protective Covenants" which will run with the property. Also, all "private roads" should be dedicated to the utilities for the installation, operation and maintenance of gas, lights, power and telephone lines. No easements should be reserved to the property owners, cities or counties exclusively. _ _________-r ~ ,.--- J1 ~ '-"'@' -a .. Grand Junction, Colorado March 22, 1976 Page 2 The above request is in accordance withC. R. S. 106-2-34 (3) (d) (viii) and the Colorado Land Use Commission's . Model ~ubdivision Regulations dated December, 1971, Paragraph 5-2, Item 1ftG-7. Thank you for your cooperation on this plat. Very truly yours, 1(#rc{/ ~d J. C. Kilmer SR/WA Right-of-Way Agent P.O. Box 2688 Grand Junction, Colorado 81501 JCK:kw cc: Fabienne and Fredric Benedict-Owner Paul Kutik and Robert Goldsamt-Subdividers Pitkin County Commissioners Planning Commission / ,..,....,. c " .~ tt-::t Su CIT PEN box v HEr10RANDUM TO: CITY COUNCIL FROM: .p..v- HICK MAHONEY DATE: FEBRUARY 23, 1976 RE: FmHA LOAN APPLICATION ASPEN CLUB (CALLAHAN SUBDIVISION) I have a trained sense as to the financing that the Callahan Subdivision group is attempting. Historically the second home market has been impacted by fuel shortages, economic downturns, or other shocks such as a periodic money crunch. As a result, the second home market is a very risky venture. The Callahan Subdivision can be categorized as both primary residents and second home residents. It is my opinion, however, that the re- gional financing agencies have genera,lly treated Aspen as a resort community, and most building funds, therefore, are treated as somewhat riSky. Even though Aspen has been immune in the past from fuel shortages and economic downturns, resort communities are treated as a group when any large financial institution reviews a loan application. I think, therefore, that the Callahan group is looking to the Federal Government to reduce the riSk inherent in resort communities through this FmHA loan. To those that are concerned about using public funds in the private sector, I believe there is a minimum of this as the loan guarantee does not require public funding -- tax support. It has, however, an interesting ramification whereby the loaning agency's portfOlio liquidity is increased by the guarantee. Thus, this should increase the total supply of money given any Federal Reserve base. III times of unemployment, this would have a social benefit as it would increase total economic activity. The question still reduces to the impact that the subdivision will have on t.hecommunity. However, I would say that this particular method of financing should not be a relevant issue for Council. If the Council decides positively for the Callahan in terms of subdivision, it would appear to me incongruent not to at least take a neutral position on their financing request. PSM/pm ~,-...-"-"- ..__.~"" '^'-"~ ,/ ,~ ~ f- I' '\ ,~ <i6,.d-~ THE ASP E N C L U B D 0 W N TOW N BUS S RUT T L E Scheduled to commence mid-February with the opening of the food and bar facility, The following schedule will be adhered to seven days a week: Pick-Up Pick-Up Pick-Up Drop Off Pick-Up Public Parking Mall/Ryman Little Nell Aspen Club Aspen Club Lot &; Galena 11: 30 a,m, 11: 35 a.m. 11 :40 a.m. 11 :50 a,m. 12:20 p,m. 12:30 p.rn, 12:35 p,m. 12:40 p,m, 12:50 p.m. 1:20 p.m. 1:30 p.m, 1:35 p.m, 1 :40 p,m. 1:50 p.m, 4:20 p,m. 4:30 p.m, 4:35 p,m, 4:40 p.m. 4:50 p.m. 5:20 p.m. 5:30 p,m. 5:35 p.m. 5:40 p.m, 5:50 p,m. 6:20 p,rn, 6:30 p.m. 6:35 p.m, 6:40 p,m. 6:50 p.m, 7:20 p.m. 7:30 p.m, 7:35 p,m. 7:40 p.m, 7:50 p,m, 8:20 P.lli. 8:30 p,m. 8:35 p,m. 8:40 p.m, 8:50 p.m, 9:30 p,m, 9:30 p,m. 9:35 p.rn, 9:40 p.m, 9:50 p,m, I'" ~ MEMORANDUM TO: Aspen City Council FROM: Planning Staff (HC) RE: Callahan Subdivision - Final Subdivision Plat and Final Development Plan DATE: February 19, 1976 This is a request for Final Subdivision Plat and Final Development Plan approval of the Callahan Subdivision which is continued from your February 9, 1976 meeting. A site inspection has been set for 4:00 P.M. Dave Ellis, Bill Kane and Hal Clark toured the site on February 18, 1976 together with Paul Kudic and Fritz Benedict for the purpose of examining the physical layout of the indoor tennis court facility. The comments of the Planning Office are as follows: 1. Upon visual inspection of the site we feel that the building has been well integrated with the natural contours of the land which significantly conceals the vast bulk of the structure. We are impressed with careful siting effort. We do still feel that the addition of the third indoor court further impacts the winter use of the facility. This is in addition to the impacts previously considered by Council at the conceptual and preliminary approval stages. Possibly thirty (30) or forty '(40) additional persons accommodated per day by the facility. The aesthic impact of the building structure has been mitigated to a large extent by careful siting. Criticism of the size of the structure on aesthicgrounds is largely a value judgement for individual council members. At our request, Article 13 concerning transportation assurances)has been added to the subdivision improvement agreement. We recommend retaining sub-section 3 which sets a five year limit on these services, 2. We have asked for additional landscaping details for the area to the west of the indoor court which is in close proximity to Ute Avenue, These have not as yet been provided. The subdivision improvement performance bond amount is not yet included in the agreement. This is due to the fact that the size of the building is not resolved which would affect certain fire access considerations. Also, Council has not approved the alignment of the sewer easement through Ute Park (which effects costs of improvements) . 5. Section 11 allows the developer to vary the vertical envelopes of the buildings to accomodate possible on site elevation variations. We have discussed this with the project surveyor and agree with the difficulty of actual contour measurements which necessitates this variation section. 3. 4. The Planning Office recommends approval of the Callahan Final Subdivision Plat and Final Development Plan as filed with the condition of two (2) indoor courts in the recreation facility. ~' ~ /&(,6 ^ ,~~4-ery~ " CIT' Y' <,'"-,, Cl PEN .' Ui Jfi ~") -f aspen,cohJ;1[-ado,imm box v MEMORANDUM DATE: February 13, 1976 TO: Members of City Council FRo~ndra M. Stuller RE: FmHA Loan Application Aspen Club (Callahan Subdivision) At the last meeting you requested a summary of the 1980 Regulations handed out as a supplement to the Aspen Club FmHA application, which had been circulated to you as part of a NWCCOG A-95 review. Section 1980 is a guaranteed loan program, and the B & I program (Business and Industry) has as its stated purpose: ...to improve, develop or finance business, industry, and employment and improve the economic and environmental climate in rural communities including pollution abatement and control...It is not intended that the guaranty authority be used for marginal or substandard loans or to "bailout" lenders having such loans. For purposes of the act, "rural areas" are those areas in the vicinity of a city with a population of 50,000 or less. The loan guaranty is an obligation supported by the full faith and credit of the U.S. The program uSeS local lenders to be responsible for the servicing and (if necessary) the liquidation of the loan. The loan guaranty may not exceed 90% of the principal and accrued interest on the indebtedness. Inability to obtain credit elsewhere is not a prerequisite for a guaranteed loan under this program. The barroweris required to pay a non- refundable fee equal to 1% of. the principal loan amount, and the interest rate is subject to negot.iationbetweenthe borrower /9 % -~,~~,,""'~ ," . "'" ,.' f d.,,,.,.,,, /1..0'0 ~,.1~60 ~; ,...\ f~ Members of City council February 13, 1976 -Page 2- and lender (but must be a legal interest rate). The first payment may be postroned until after the project is complet- ed (up to three years after the loan is made) and the pay- out period cannot exceed 30 years. Any application may trigger the need to file an EIS, and the need for the EIS is determined by the PmHA state director (he will take into consideration A-95 comments in making this determination). The regulati.ons require that a minimum of 10% equity will be required on the applicant's balance sheet at the time of loan closing. FmHA may require an applicant to supply the agency with a feasibility report (and are ordinarily required for projects valued at over $1,000,000). ' The regulations provide tl1at in assigning priorities to applications made for guaranteed loans, FmHA shall consider state development strategies and A-95 comments and recommenda- tions. In addition, the state director must assign priorities in accordance with the following: 1. Those projects which will save existing jobs; 2. Those projects which will enlarge, extend, or otherwise improve existing business and industries; 3. Those projects which will create the high- est number of permanent employment opportunities; and 4. Those projects which will contribute to the overall economic stability of the rural areas but generate little or no permanent employment opportuni- ties beyond the entrepreneur himself. A.pparently A-95 review is not required for loans for smaller or local enterprises with no significant economic or environomental impact; the ambiguity in these criteria is, apparently, what has. led to the difference in opinion as to whether this particular project should have been submitted to the COG clearinghouse. However, the County Supervisor and District Director must analyze (I) community attitude toward the project, (2) whether the project is likely to result in the need for additional community facilities (schools, water, sewer, health care services) and, if so, the community's plan for provid- ing them, (3) the availability of any required additional labor force and training plans for such force, and (4) an economic forecast of the effect on the community if the project should fail; all of which information could probably be accumulated only by an A-95 review process. ~",$'..' ""/ .. ~ ~ ,,-... Members of City Council February 13, 1976 -Page 3- The regulations provide various remedies in the event of default including liquidation, protective advances, granting of additional loans, transfer and assumption of the debt. Apparently, the effects of the proposal on the local job market, and land uSe and facilities impacts is the type of information solicited by reason of this A-95 review and the type of comment FmHA hopes to garner by this pro- cedure. SS/pk ~----- .1"""\ r""'\. '-'- GARFIELD & HECHT ATTOJU~:B'J'. AT LA.W POST OFFICE BOX 828'7 ASPEN, COLORADO 81611 RONALD GARFIELD ANDREW V. HECHT TELEPBONlf (30S) 92:5.1936 February 9, 1976 Sandra Stuller, Esq. City Attorney 130 South Galena Street Aspen, Colorado 81611 Dear Sandy: If we are fortunate enough to receive approval from the Council tonight, could language similar to this be included in the approval to allow for the variations that may be caused by the inability now to know what the best relationship of the buildings to the terrain would be. Very truly yours, Andrew V. Hecht AVH:lh Encl. cc: Dave Ellis /' Hal Clark/' .,.,---.-. . BENEDICT ASSOCIATE~CORPORATED r-\ruary 3'- 1976 }'" CALLAHAi'l - TOWNHOUSES PROJECT NO. 75-21 BUILDING ENVELOPE DESCRIPTION The Entry Level floor elevations and Top of Joist elevations shown on Sheet No, 1 of 6 "Roof Height Plan", revised date 2/3/76, were determined by the topographic map prepared by aerial photography by Merrick and Company. As shown, all buildings are well under the City Height Requirement; however, the ground survey for the road through the Townhouse Site has determined that there may be an error of plus or minus, five feet, in the contours shown on the aerial topo. The City Engineer and City Land Use Administrator have agreed that since the buildings as designed do not exceed two and one-half stories in height, and the total height of each unit is constant, that a vertical envelope be created around each unit module allowing a maximum of five feet variation in height, to accommodate possible grade elevation variations, TIle intent of this agreement is to provide the best possible relationship bet\;een buildings, bet\;een buildings and tops of carports, as well as the best utilization of existing terrain within the development zone. Prior to application for the building permit, the Owners will submit a ground survey, showing final building layout and floor elevations, noting any variations in the contour. RAF:gg r I . ~ / ~& a<t-~,--" + IIOLLAND & HAHT ATTO'RNEVS AT LAW TELEPHONE 292-9200 AREA COOE303 500 E:OU1TABLE: BUILDING 730 SEVENTEENTH STREE' OENVER,COLORADO 80202 CABr..,E ADORESS HOLHART, DENVER PLEASE ,REPLY TO: MOUNTAIN PLAZA.eUILDING P. O. eOXl126, ASPEN,COLORADO 81611 TELEPHONE 925-3476 AREA COOE 303 February 9, 1976 SandraM. Stuller, Esq. City Attorney City of Aspen P.O. Box V Aspen, Colorado 81611 Re: Callahan Subdivision Dear Sandy: Enclosed is a copy of the proposed Subdivision and Planned Unit Development Agreement which I received with my copy of Andy Hecht's February 3 letter addressed to you. Interlined on this draft are the modifications requested. by the Benedicts. These have been reviewed with Mr. Hecht and are acceptable to him. I would like to have these requests submitted .to City Council at the same time Dave Ellis' conditions are presented. I hope that this rather informal method of indicating our revision requests does not offend anyone; it does make the changes pretty easy to follow. Yours very JTM;mm Encls. cc: Andrew V. Hecht, Esq. Mrs. Pat Maddalone . "o,.",~"...., ....,....~""'-:.,,..? , .. ,\ \0 lJ1 -.J N I-' N co -.J 0\ N 0\ >i ~ ~ ~ ~ . 0 0 \0 W \0 \0 '0 rt 0 0\ 0 -.J CO III III 0 0 0 0 I-' I-t I-' 0 tll 1JI . tll 1JI 1JI In .a .a .a .a ,-' . . . . 1JI HI' HI HI HI rt rt rt rt . . . . N :to' N 0 I-t . \0 m (X) (Jl I-' . .~ ~ ," ^ "~ '. ~::- 0::- '0::- 'tltrl ...''0 ....'0 III '0 1lI:>< ""'0 '0 '1'0 .o:r: 11> '1 tn '1 tn t:" "" '1 (1)H '0 rtO t: :3 ....0 tll rtX '1 X '1 0.:3:< to>H t1. (1) . Ht(b\Q. >i III (1) III '1 .....0 rtlO 010 I III ::- 1-''1 tn '1 (1) '1 ,Q 0. 0. 0 . (1) . ~. t: III :0 :3 HI tn 0 00 0. rt' (1) 0 :l;;0 . tn S < -< H (1)(1) (1) 0 >i ::s '1 ,'1 HI trl rt'1lI III 10 10 g (1) 1ll ,>i HI ::- 0 11 ~ tll . c: I~ t" ::- .~. >i H ~ : .... 0\ . to> to> .... CD ,Q . '" HI rt' . .... N . <:) <:) 0 CD .a . HI ('t . b'>i g~ 1Il::S 11> I III ::TO 0.... t::J: 1Il~ lI> I "':0 Sllll> 00 I-'- .... I-'- rt' '< '1:10 III HI 11 HI <;'1-'- ....0 ::s lI> lQ 2t .' " . '. to> 0) I-' I-' >i w Ul to>O'l 0 . . . . rt' .... O'l 01\,;)' III . U1 0) ON I-' . 0 0 0.... III tn tn tn III .a ,Q .a.a . . . . HI HI HI HI rt' rt' rtrt . . . . N .... I-' :J>I . 0 \D \D 11 .... '" (1) ::-'" '" III ()>i . ,~q .,..., .. t""'\ ~ ;: MENO TO: CITY COUNCIL FRON: DAVE ELLIS C\V'" CITY ENGINEER~ DATE: February 5, 1976 RE: CALLAHAN SUBDIVISION - Final Plat. and Agreement Subdivision Agreement The engineering department has t.he fOllowing comments regarding the Subdivision Agreement: 1) Paragraph la and Ib must be rewritten to distin- quish between Lots 13, l3A and the common open space. 2) Paragraph Ig should clarify that Lot 12 is a single family lot and Lot 12A is a guest house for Lot 12. 3) In paragraph Ii there should not be any overlap between private road right-of-way and platted lots. 4) In paragraph Ij the easements should beta the public and not reserved to the holding corporation. 5) Paragraph lL the maximum amount of waterpro~ided shall be 0.65cfs. "'. 6) Items included in the escrow estimate for improvernents shall include in addition to roads & utilities, drainage improvements, landscaping, bike paths and irrigation di,tch crossings, as shown on the plat and engineering plans as well as necessary street and traffic signs. Engineering apd inspection will also be included. 7) The subdivider's estimate of $193,000. for improvements has not been verified at this point and is subject to change. 8) The reference to the County trail agreement should be omi tted in paragraph 6. 'rhe city will accept the trail on its usual conditions and any enforcement of the county agreement will be responsibility of the subdivider. 9) The subdivider shall line the Riverside Ditch for its full length across Lots 8 and 9. 10) Paragraph 5 should except the existing parking spaces on Lot 16. 11) The qualification for the ditch easement in paragraph 7 should be "before the paving of the outdoor tennis courts begins". 12) Exhibit A should read 19 parcels instead of 16 and there is an error in the acreage of .002 acres. - ,-., ~, , Page 2 CALLAHAN SUBDIVISION Final Plat & Agreement Memo to City Council 2/5/76 Other conditions which need to be added to the agreement are 1) furnishing of as built survey descriptions for sewer, water, and trail easements; 2) a provision for the city to oversize the water line in Ute Ave. by paying for the extra cost beyond an 8"line; 3) a more specific schedule for completion of subdivision improve- ments; and 4) provision for the subdivider to provide engineering inspection and certification of the improvem(~nts . FINAL PLAT The statement of subdivision and dedication has been omitted from the plat and submitted separately; the lan- guage needs revision but the general conditions have all been agreed to by the subdivider previously. The plat itself is in good condition and we have only a few com- ments pertaining to it. 1) On Sheet 1 the Riverside Ditch Easement should be 15 feet in width rather than 12 feet; 2) utility easements for existing water lines should be 20 feet rather than 10 feet; 3) The sewer easement through Ute Park and Ute Cemetery will be shown on Sheet 2 pending approval by the oity; 3) Drainage improvements and ditch crossings should be shown on Sheet 3. ~t this time the Fire Marshal is out of town and has not had a chance to comnlent on compliance with his recommendations for fire protection and emergency acc~ss. The engineering departmen't would recommend approval of the final plat and subdivision/PUD agreement subject to all the above conditions. In addition to the above the approval should be subject to the developers Obtaining the fOllowing easements outside the platted subdivision: 1) The 24' utility, emergency access, and service easement on the south side of the subdivision. 2) The sewer easements through Ute Cemetery and Ute Park. 3) The 20' sewer easement through the Van Horn Property to the north, of the subdivision. 4) The 20' utility easement through Lot 21 of Riverside Subdivision, and 5) Satisfactory solution to the isolated parcel of land between Callahan and Riverside Subdivisions. cc: Sandy Stuller Andy Hecht Hal Clark Il (v<{sl-.5lk -~ '~:&-4 j Lt-# t; j....yj.........e , .1""\ .,-" GARFIELD & HECHT ATrORJe'SY. AT L.A.,.. POST OFFICE BOX 8237 ASPEN, COLORADO 81811 RONALD GARFIELD ANDREW V. HECHT February 3, 1976 Tzx.EPJlONB (808) 923.1936 Ms. Sandra Stuller City Attorney 130 S. Galena Aspen, Colorado 81611 Re: Callahan Subdivision Dear Sandy: Enclosed is a copy of the Subdivision and Planned Unit Development Agreement for the Callahan Subdivision which we are submitting subject to your approval for the council meeting on February 9th. Sincerely, Andrew V. Hecht AVH/nwt Enclosure cc: Hal Clark Dave Ellis Jim Moran /' " ! , ",,,!, ~} ~ !""'\ -',~""~'-',;""" >.;.."......~.".,. r. .,".._..._~:",.<;.:~:~ '-,' .-..~':~'~, G;\RFIELD & HECHT A'n'OJmsy.i.T L4w POST OFFICE ,BOX 828'7 'ASP_EN, COLORADO 81611 RONALD GARFIELD .ANDREW V. HECIlT January 28, ~976 .........0'"' C80S) 92~.1936 HAND DELIVERED Ms. Sandra Stuller City Attorney 130 S. Galena Aspen, Colorado 81611 'Dear Sandy: I am e~closing with this letter a proposed subdivision and planned unit development agreement for the Callahan Sub- division. You will notice that no paragraph is included about the water in Hunter Creek and Nellie Bird. On this, I am waiting for Jim Moran to submit what the City and he agree upon as a resolution of that issue. Naturally, if you have any changes or additions, feel free to have at it. Sincere~y, <"-, - ,...' , . /.~~- (...~~ Andrew V. Hecht AVH/nwt Enclosure cc: Jim Moran, Esq. s~~ ~h j1 ~ '> fA..) ~~ ,\ . ,. .""'" ^ ,- SUBDIVISION AND PLANNED UNIT DEVELOPMENT AGREEMENT CALLAHAN SUBDIVISION THIS AG~EMENT, made this day of , 1976, by and between THE CITY OF ~SPEN, COLORADO (hereinafter some- times called "City"), and .BENEDICT LAND & CATTLE COMPANY, FREDRIC BENEDICT, FABIENNE BENEDICT, PAUL KUTIK and ROBERT .' GOLDSAMT (hereinafter sometimes collectively called "the subdivider"). WI T N E SSE TH : -----.----.,-- WHEREAS, the subdivider has submitted to the City for approval, execution, and recordation, the final plat and develop- ment plan of a tract of land situated in the East one-half of Section 18, T.IOS, Range 84 West of the Sixth Principal Meridian, Aspen, Colorado, designated as Callahan SUbdivision; and WHEREAS, said Plat encompasses land located within an area in the City zoned RR and R-15; and WHEREAS, the City has fully considered such Plat, the proposed development and the improvement of the land therein, and the burdens to be imposed upon other adjoining or neighboring properties by reason of the proposed development and improv~ment of land in- cluded in the Plat; and WHEREAS, the City is willing to approve, execute and accept for recordation that Plat upon agreement of the subdivider to the matters hereinafter described, and subject to all the re- quirements, terms, and conditions of the City of Aspen Subdivision RegUlations now in effect and other laws, rules and regulations; and WHEREAS, the City has imposed conditions and requirements in connection with its approval, execution and acceptance for recordation of the Plat, and that such matters are necessary to protect, promote and enhance the public welfare; and WHEREAS, under the authority of Section 20-9 of the Municipal Code of the City, the City is entitled to assurance ."....." ~. " that the matters hereinafter agreed to will be faithfully performed by the subdivider. NOW, THEREfORE, in consideration of the premises, the mutual covenant~ herein contained, and the approval, execution and acceptance of the Plat for recordation by the City.. it is agreed as follows: 1. All references to lot numbers hereinafter set forth are as described on Sheet No. 1 of the final Plat and Develop- ment Plan of the Callahan Subdivision ("Plat"). a. fee simple title to Lot No. 13 will be con- . veyed in undivided interests to the condominium owners, together with that portion of Lot l3-A which is bounded on the South by Crystal Lake Road and on the North by a line running ten feet north of the Northerly building line of Condominium Buildings A and B, subject to existing easements and road and utility easements contemplated by the Plat, all as more fully to be defined by a metes and bounds description which des- cription shall govern in the event of any discrepancy between such description and this provision. Lot No. l3will be used for condominium units as will the portion of Lot No. l3-A described herein. b. The remainder of Lot No. 13-A shall be con- veyed in fee simple to a corporation to be organized by the purchaser of such property from its existing owner. Such corporation is hereinafter referred to as "Holding Corporation". The Holding Corporation shall grant to all condominium and homesite owners a non-exclusive irrevocable license for the recreational use of Crystal Lake situated on Lot No. 13-A and shall grant such easements as are necessary for the roads and utilities reflected on the Plat. The remainder of Lot No. 13-A referred to in this paragraph shall be used for re- creational purposes. -2- .' 'Y t'..t-- '''1 II.. i ~ \ q \ ~~' ) .: .-, .r-, c. ~ot No. 14 will be owned in fee simple title by the Holding Corporation or another corporation controlled by or under common control with the Holding.Corporation or its or their assignees. The Benedict residence situated on this Lot will be converted to a clubhouse. The owners of condominium and home sites ,will be granted an irrevocable non-exclusive license for passage by foot only throughout those portions of Lot 14 on which there are no improvements currently or hereafter existing. d. Lots No. 14-A and 15 will be conveyed in fee simple title to the Holding Corporation or a corporation contrplled by or under common control with the Holding Corporation or its or their assignees. Lot 14-A will contain.parking facilities for use or the clubhouse and recreational facilities contained in the Plat, and Lot 15 will contain recreational facilities. e. Lots No. 1 through 10 shall be conveyed in fee simple title to the purchasers of these ten homesites, each of which is contiguous with the boundaries. of such lots. Lot No~ 10 is designated as a duplex for occupancy by two families, the other lots are for single family homes. f. Lot No. 11 is designated as a single-family lot. g. Lots 12 and 12-A are designated as single-family lots with a guesthouse. h. Lot No. 16 is designated a.san existing office building for such uses as have heretofore been approved by the City of' Aspen. i. All roads as reflected on the Plat and the rights .of way on which such roads are to be constructed shall be owned by the Holding Corporation ora corporation controlled by or under common control with the Holaing -3- -- /"""',. Corporation Or it.s or their assignees, and such corpor- ation shall grant an irrevocable non-exclusive license to the owners of the condominiums and homesites for their use. To the extent such road rights of way lie within any of the Lots heretofore described, the pro. visions of this paragraph shall govern the ownership of the fee simple title to the road rights of way. ," j. Easements for utility improvements and rights of way on which they are to be constructed, as re- flected on the Plat, shall be reserved by the Holding Corporation or a corporation controlled,by or under common control with the Holding Corporation or its or their assignees. k. Maintenance of the property and structures in- cluded within the Plat shall be the responsibility of the owners of the fee simple title to such property and improvements; provided, however"when hereunder any license is granted with respect to any such Land or improvement, the cost of maintenance shall be borne " by all licensees. 1. To the extent adequate water is provided by ~ ..., the City of Aspe~ through the Nellie Bird Ditch, for the maintenance of a water level not lower than the lowest water level as shown on Page 3 of the Plat, the Holding Corporation or a corporation controlled by or under common control with the Holding corporation or its or their assignees, shall make provision for sup- plying such water to Crystal.Lake in order to insure its use for recreational activity. 2. Subject to the conditions contained in this paragraph, the subdivider shall provide for the estimated costs for construction of all common improvements which include construction of roads, utilities through the subdivision as shown on the Plat, of street lighting sufficient to illuminate subdivision roads. -4- ~ ..~ In order to secure the performance of the construction and in- stallation of the improvements herein agreed to by the sub- divider and the City, the subdivider shall guarantee through a conventional lender, or by cash held in escrow by the City, that funds in the amount of the estimated costs of construction agreed to be $193,000, are held by it for the account of the subdivider for the construction and installation of improvements .' herein described. In the event, however, that any portion of the improvements have not been installed according to the con- ditions contained herein, then, and in that event, the City may have such remaining work and improvements completed in such means and in such manner, by contract with or without public letting, or otherwise, as it may deem advisable, and the lender agrees to reimburse the City out of the funds held by it for the account of the subdiv~der for the City's costs incurred in completing said work and improvements, provided, however, in no event shall the lender be obligated to pay the City more than the aggregate estimated sum for these improvements, less those amounts previo~sly paid and approved by the City by reason of default of the sub- divider in the performance of the terms, conditions, and covenants herein contained. From time to time as work to be performed and improvements to be constructed herein progress, the subdivider may request that the City inspect such work and improvements as are completed and may submit to City the costs of such completed work and improvements. .when the City is satisfied that such work and improvements as are required by the subdivider to be completed in fact, have been completed in accordance with the terms hereof, the City will submit to the lender its. statement that it has no objection to the release by the Guarantor of so much of the above specified funds as is necessary to pay the costs of work per- formed and :improvements installed pursu.ant, to the terms of this Agreement. -5- . .~ /""I, .' "( 3. Site Data Tabulation (see Exhibit A attached hereto and incorporated herein by this reference). 4. 'l'he subdivider agrees to line Riverside Ditch at the point at which it seeps on to Lot #9 with a rubberized material 0.f f~asibl~ The subdivider shall use best efforts to find an alternative to concrete lining. 'I 5. The subdivider agrees, for himself and his successors and assigns, that he will not authorize any vehicular traffic to enter the area of the condominium units or recreational facilities of the Callahan Subdivision from Ute Avenue unless such vehicles are for the purpose of construction, providing services to or dealing with emergencies of the Callahan Subdivision. Furthermore, neither the subdivider nor his successors or assigns shall provide for any parkin~ spaces along the border of Ute Avenue within any portion of the Callahan Subdivision. 6. The subdivider agrees to relocate and the City agrees to ~ave at subdivider's expense a portion of the multi-purposerec- reational trail which will be moved to a location approximately as shown on the Plat for the construction of the condominium townhouses of the Callahan Subdivision. Such relocation shall be done in two stages: By June 15, 1976, subdivider shall cause at its expense such trail to be roughed in place at the time the remainder of the trail dedicated by the subdivider hereunder is paved the City shall pave the relocated portion thereof at subdivider's expense. That trail shall be dedicated to the City and shall ,be used in accordance with a certain agreement between the County and Benedict Land & Cattle Company, Fredric Benedict, and Fabienne Benedict dated September 23, 1975, and recorded in Book 303, Page 452, the records. of the Clerk and Recorder of Pitkin County. 7. The subdivider agrees to grant a l5-foot ditch easement on the south side of the Roaring Fork River running from. the -6- < r-o.. r-.. ""'. easterly boundary of the, subdivision to its westerly boundary, , provided, however,. that the easement shall be placed so as not to interfere with any of the improvements of the Callahan Sub- t" division, including but not limited to outdoor tennis courts, and that if the City decides to place underground culverts to carry water from the Nellie Bird Ditch, such construction shall be completed before the tennis courts are installed and before construction of the recreation building begins or so as not to interfere with such construction. Finally, before carrying water through the Nellie Bird Ditch, the City agrees to take all necessary precautions as suggested by a certified ~ ~ to avoid seepage of the water into the residence and barn of ? / William Stevenson and Eleanor Stevenson adjacent to the Callahn ~~ Sbudivision. The City will maintain such improvements as a condition to receiving grant of water rights to Nellie Bird Ditch.. The subdivider agrees not to pave any of the roads in the's~ision until at least six months after all utilities are in place. 8. Notwithstanding anything contained herein or referred to the contrary, the subdivider, in developing the property con- tained within the Plat and the improvements as herein described shall fully comply with the applicable rules, regulations, stan- dards and laws of the City and other governmental agencies and bodies having jurisdiction. 9. Upon execution of this agreement by the parties hereto and provided all other conditions as herein contained have been met by the subdivider, the City agrees to execute the Plat of the Callahan Subdivision and accept the same for recordation in the Recording Office of Pitkin County, Colorado, upon payment of, the recordation fees and costs to the City by Subdivider. ~ . t"". ,,-.., .. '"' tII 0) Q) '" I-< . 0 l'l ..: l'l . . . . .. .. .. .. ... ... ... 4-< fJl . . . . .-i tI' tI' tI' tI' Q) fJl fJl fJl fJl tII 0 '"' I-< '"' 0 0 0 0 III III 0) t"- O \0 0 .. P- '" '" M '" 0 0 . . . . . Eo< \0 l'l \0 t"- O) l'l .-f l'l t"- ..., '" ---.-.,.-'.... ..- --_._---~,..- ... -"---"-"'-~ H1<1 .. ~, .0:0 ,-, e...o: " of;:} e..U flI '" r--..c Q) IS> "" 14 en en U . ..c ,.oj "" N . . . . +> +> +> +> .... .... .... .... . . . . 0' 0' 0' 0' flI flI flI flI flI "" 0 0 0 ,.oj N 0 co 10 III NO '" "" +> , , , , 0 lDN 10 M e.. .-l ,.oj CO N ~ 0> Q) I': U..-/ '.-/~ ....14 ....Ill Oll< ~ ..-/ ,.oj ..-/ U 0 Q) III ~I>< . +> .... . 0' flI I Q) 0 .QflI 0 ::l::l 0 ,.oj 0 , U.c: N ,.oj . +> .... . 0' flI flI Q) "" I:: flI N :J ::l N o 0 , e...c: '" ,.oj ~ ~I H ~ H' ::> Q:I ~ 14 0 .0: .... e.. .0: Q) Q) 1:1 0> 0> III Ill+> 1<1 .... 14 14 I': e.. 0 Q) Q) (].I H >~ >E CIl . 03: o (].I .jJ 't:l 00 o flI .... I': ~ III ::l .~ . (].I . 0 't:l 't:l 0' 14 Q) kfll 14.-l ..c . flI I O>U tJ'+> tJ'..-/ 14 III Q) III ~~ -.tJ'l.'Q)4-I . Q) -10-1 >< t:: 't:l k ><14 >:+> 0''-/ t:: ::l o+> 0 HQ) k..l<: ::l flI k flI 14 Q) :I: P414 0. 0...1<: ~Ill 0. III 0..... , P4'.-/ 1<1P< ..c' 0. ..cO .o:.Q ,-..., /~ ASPEN/PITK 130 so aspen, , , ~ \. ,,! ' , J " . f . I \ "" : \ ' ' I', " , " ' . / ~ '-: . ,- '~~ -..... ing Department street 81611 MEMORANDUM TO: Aspen Planning & Zoning Commission FROM: Planning Staff (HC) RE: Callahan Subdivision - Final P.U.D. Plan; Conditional Use of a Recreational Facility in the Rural Residential (RR) Zone; and Stream Margin review DATE: January 15, 1976 This is a public hearing to consider the above listed items regarding the Callahan Subdivision. Due to a meeting with the applicant resched~ uled after the agenda packet deadline, the comments of the City Engineer will be presented at your meeting. The annexation of the property has been completed. The comments of the Planning Office are as follows: 1. Stream Margin Review - the buildings are located above the 100 year designated floodplain, and as such do not materially affect the Roaring Fork River. As such, we recommend stream margin review approval. 2. Conditional Use - As previously agreed upon, we recommend conditional use approval of the recreational facilities in the RR zone, conditioned upon a specific listing of such uses to be a part of this approval. 3. Final Development Plan - We are in the process as of this writing, of meeting with the applicant to resolve certain of the below-listed concerns: a. Comments of the City Engineer b. The clubhouse has been expanded. We wish to know what additional uses this will accomodate. c. The lake is a recreational amenity for the Planned Unit Development. The subdivider shall provide guarantees that an adequate water supply exists to provide for the lake (currently fed by seepage from the Salvation Ditch). r-. ~ Memo to Planning and Zoning Commission January 15, 1976 Page 2 d. Parking for the townhouse units shall be limited to 44 spaces. The eight spaces to the north of the townhouses should be removed due to significant cut and fill neces- sitated by the steep slopes. e. The irrigation ditch above Lot 9 should be lined by the subdivider in order to reduce seepage to the building site. f. The uses for the indoor tennis facility should be defined g. Side views and elevation of footings, should be shown to better evaluate the visual impacts of the structures. h. The service road to the indoor tennis facility should be restricted for use of maintenance vehicles only, to prevent future use as general access to Ute Avenue. i. Lot 12 should be designated for two dwelling structures only. j. We agree with the 32 parking spaces shown for the clubhouse. k. We need to analyze the "footprint"of buildings shown on the preliminary subdivision and final plan, to assure no change in density. 1. Phasing of construction of the project is not addressed. m. Kentucky Bluegrass is shown as landscaping. We feel this is inappropriate and that a more indigenous landscaping design is desirous. n. The public trail is proposed to be relocated. This should be a responsibility of the subdivider. o. The open space dedication requirements need to be researched. p. We understand there may be a discrepancy in the exterior boundary survey which needs to be resolved. q. The road alignment through the townhouse area has been revised and we agree with the new location and design. Many of ,these items will most likely be resolved in our meetings later this week, but we did wish to bring these concerns to the attention of the Planning and Zoning Commission. ,". , . LSGAL NOTICS PUblic Notice is hereby,. given t.t>at a ,Public Hearing will be held on January 20, 1976, at 5:01J p,m..,in the City Council Chambers, city Hall, Aspen Colorado before the Aspen Planning "'''F''and Zoning COIl)lllission to consider the final planned unit ,development plat ,for the Callahan Subdivisi'on; and a Conditional Use for a Clubhouse and Recreational facilities to be located in the Rural Residential Zone (RR). The property involved is described as follows: .. A parcel ,ofI.and situatcdin the cast 1/2 of 5ecti.on 18, TOI<nship 10 south,. Rango84west I of,the, 6th principal' meridian,' Pitkin CountYJ Colorado. 5aid parcel boingmore fully described, : ... as follows: .,. Beginning at corner 9 of the River.side Placer MS 3905 AM,; Thence north 242.86 feet along line 8-9 of said Riverside Placer: Thence N 89053'46" E 149.71 feet; Thence east 2.54 feet; Thence II 15013'00" E 137.22 feet.; Thence N 28030'00" W 132.58 feet: Thence west 125,00 feet to a point on line 8-9 , of said Riverside Plaeer: Thence north .225.77 feet along line 8-9 of said Riverside Placer to the 51~ corner of the Rive:rside' Addition;, a , ThenceN 89059'14" E 531.61 feet along the Southerly boundary line of,saidRiverside Addition: Thence south 35.06 feet along said south line; Thence N 89051' 10" E 86.86 feet along said ,'Southerly line;; Thence north 35,04 feet along said southerly line;' ThenceN 89052'14" E 86.35 feet along said Southerly line; Thence N 51032'57" E 96.40 feet along said southerly line; Thence N 00055'49" W 29.93 feet along said southerly 'line; , Thence N 51056'00" E 162.30 feet along said , Southerly line to a point on the westerly right-of-way line of Highway No. 82: Thence 5 21030' 00'.' E '69.69 feet along said right-of- , )Way,; Thence 5.25023'00" E 79.84 feet :lOng said right-of- 'Way; Thence 5 40050'00" E 69..21 feet along said right-of- ,"""ay; t / Thence S 89059'24" E 8.00 along s/lid right-of- Way; Thence along said right-of-way 107.95 feet along the arc of a curve to the left having a. radius. of "5770.00 feotithe chord of which bea:rs.5 28007'51" E 107.95 feet: Thence 5 35006'54" E 96.08 feet along said right- of-way: , Thence 5 29037'00" E 67.88 feet along said right, of-way; " Thence along said right-of.way 319.97' feet along :ihe . arc of a curve to the left having a radius of 603. pO feet: ' Thence 559027'00" E 104.10 feet along the southwesterly 'edge of said right-of-way; Thence N 89046'.00" I~ 256.03 Thence 5 00014' 00" W 231. 75 Thence 567031'04" E 237.70 Thence 5 00014'00" W 140.00 Thence N 89046'00" W 270.00 Thence N 00014'00" E230.00 Riverside Placer; Thellce N 89008'7.4" W 615.43 feet along line 9-1 of said Rivcrshlc Placer; Thence 5 09029'21" \~ 417.22 feet; TIlenco N 8,1000'00" W 200,00 feet; Thence N MOOO'OO!' \~ 350.00 feet; Thencc N (,8000'011" Ii 1.00.00 f"ct; Thence N'3So11"2S" 1:158.05' feet to 'the Point. of BegiHning, cOlitain.in~ 2S.00 h~rcSm{)rc orlc.'s:.. . feet; fect; feet; fect; feet; feet to corner No. . 1 of snid '- A copy of the FinalPlanaedUnit Developm"nt the Offi~eof the City/County Planner dur~ng ;s/ Kathryn s.lIauter published in.theAspenTimes January 1,1976 maybe examined in nor~mal working hours a .r"\, ^ MEMORANDUM TO: Nick McGrath FROM: Planning Staff (HC) RE: Callahan Subdivision DATE: Januaryl3, 1976 Dave Ellis, the City of Aspen Engineer, has forwarded tome the attached letter inquiring as to the position of the Pitkin County Commissioners vis a. vis the subdivision of the Benedict property by the recently annexed portion encompassing the Callahan Subdivision. Would you please respond to his questions by letter to me. ThankyOll. MEMO TO: r-, .1'"""\ HAL CLARK PLANNING DEPT. ~~~~ ~~~:~EER ~ DATE: Dec. 18th, 1975 FROM: RE: Ca.llahan. Subdivision -City/County Review As mentioned in the engineering department's preliminary plat ~eview, there was no sketch plan submitted for ad- jacent property under identical ownership. .In considering this matter. it appears that there are at least three types of subdivision,occuring at this time - i.e., 1) the parcel ing of t.he total ownershi pinto two parcels of ap'proximately 25 acres and 128 acres resPect ivel y, 2) the further parceling of a portion of "'the 25 ac:res into single family lots, and 3)' the subdivision due to condominiumization 'of the townhouses and the recreation facilities. The second and thi rd are being adequatelY reviewed under the present procedure. However, the fl~st presents a Problem in that one parcel is in the city and the second in the county. The engineering department would like some determination ,as to how the county views this situation. One approach would be for the county to 19norethe matJer since the actuat development is within the city. Another alternative would be for the county to grant an exempt.ion and d,efer review to the city on the. development matters. As of now this department has not approached the applicant about the problem. However, we are considering the entire 153+ acre ownership as the original parcel, and this may prove to be critical to our approach on the water rights issue. Because of the. water rights and other sensitive issues invohed, we would I ike to get an administrative understanding on the situation before approaching the appl icant. r"\ ,-., January.~4, 1976 ," ;;.--. Andrew Hecht; Esq. Garfield and Associates P. O. Box 8237 Aspen, Co. 81611 Re: Callahan ~ubdivision Dear Andy: -'~'''''; "0" ~, :. , Dave Ellis advises me that the Ca~lahan Subdivision anticipates' (a) taps off of the Benedict interconnect perhaps within areas formerly within the COll..'1ty, (b) extension of the City Waterline down Highway 82 and outside the City limits, and (3' extension of an 8" waterline off of the ute Avenue line also outside the City limits. The two extensions into the County will require approval from the pitkin County Planning and Zoning commission pursuant to the requirements of CRS 30-28-110(1) (a) and (l)(d), 1973. In addition, I feel you should report to the county P & Z of the intended service (as opposed to only transmission) use being made of the interconnect. Vuy truly' yours, Sandra M. Stuller City Attorney r.!.-e. 2- eu<-~ ~ . ,"', """~ ~ ''',";:~~.'', " ;"''''/ ".., , ' .. ,:;~,?", ;",'.;''': ",,\,~'.-. "i' \'>" ~ ." .~ .r-" FIRE PROTECTION GUIDELINES 1) Provide access for fire apparatus on two sides of the structure. 2) Radius of 900 turns shall be a minimum of 25' at the inside curb line and 50' at outside curb line. 3) Fire lanes must be a minimum of 12' feet wide and de- signed to withstand the weight of a fire vehicle. 4), Fire walkways or, lanes shall be linked to the roadway by means of a curb cut, and ramp to the elevation of the fire walkway or lane. 4:. 5), Dead ends that exceed one hundred and fifty (150) feet shall be provided with an adequate turn around for,fire apparatus. 6). Over head obstructions over fire lanes must be at least 13' or over to allow apparatus to pass underneath. 8), Fire hydrants should be located with 175' of building on the two sides served by fire lanes. Fire hydrants located in parking areas must be accessible and protected, without obstructions. ' The fire lane in the.area of a hydrant should be wide enough for the two pieces of fire apparatus to pass.(24') 7) 9). I""'" ('"""\ DELANEY & BALCOMB ATTORN EYS AT LAW DRAWER 790 GLENWOO:O SPRINGS, COLORADO 81601 ROBERT Oe:L.ANEY KENNE:TH ElA.L.COM6 ..JOHN A.THULSON EDWARD MUL.HAL.I..,..JA. ROBERT C. CUTTER SCOTT M, ElAI..COMEl 8la eOI-CRACO AVENUE TELEPI-'IONE 945-654e AREA CODE 30:3 December 29, 1975 Mr. Hal Clark, Jr. Land Use Administrator Aspen/Pitkin Planning Department 130 South Galena Street Aspen, Colorado 81611 RE: Callahan Subdivision Dear Hal, Through informal contacts, a group known as the Riverside Ditch Association has been alerted to the plans for the proposed Callahan Subdivision, and they are concerned least the subdivision have a negative impact on their ditch right-of-way which presently runs through the prospective subdivision area. They have retained this firm to represent them in connection with the Callahan Subdivision in order to implement the same type of procedure which we have requested on behalf of the Salvation Ditch Company. If possible, the Riverside Ditch Association would like to see the County require the subdivider to survey the location of the ditch right-of-way as it exists and is in place and to locate the same on the final plat of the subdivision. I am informed that the right-of-way as it exists is 15 feet in width pursuant to an old instrument in the public records of pitkin County. I am attempting to locate a copy of this instru- ment to document the Riverside Ditch Association's position. In addition, perhaps it would be advisable to require the subdivider to (re)convey the newly described easement to the present owners in order to eliminate any possible future title problems. Furthermore, the Association would like to see minimum setbacks required in the subdivision so that possible problems associated with the construction of improvements on or within the ditch right-of~way can be avoided if at all possible. In addition, if it does not encumber the final plat to a degree inconsistent with your intent, we would also like the final plat to reflect a brief statement concerning the nature ,.......... ."-' Mr. Hal Clark, Jr. December 29, 1975 Page 2 of the Ditch Company's easement and their rights vis-a-vis the lot owners similar to that contained in our correspondence dated December 15, 1975. I realize there are some limitations to the amount of verbage you wish placed upon any plat, however I would suggest including the Riverside Ditch Association within the language offered for the Salvation Ditch Company could possibly minimize future problems between the ditch owners and subsequent purchasers of the subdivision lots. If you have any further suggestions or planned modifications concerning the subject matter of this letter, please contact me at your convenience. Very truly yours, By AND BALCOMB ( Ai r7 J- (j?~i (; I Scott Balcomb DELANEY SB:pc cc: Jim Snyder .""""' ~ DELANEY & BALCOMB ATTORNEYS AT LAW ORAWe:~ 790 GLENWOO:P SPRINGS, COLORADO 61601 ROBERT OELANEY KENNETH BALCOMB ,JOHN A.THUl...SON EDWARO MUL.HALL,.JR. ROl!lERT C. CUTTER SCOTT M. BAl.-COMB SIB COLORADO AVENUE TE:L.EPHCNE $45-6546 AREA CODE 303 December 15, 1975 Mr. Hal Clark, Jr. Land use Administrator Aspen/Pitkin Planning Department 130 South Galena Street Aspen, Colorado 81611 RE: Rubey and Callahan Subdivisions Dear Hal, In further response to your letter of December 1, 1975 indicated you would be willing to entertain a concise state- ment of the rights of the Ditch Company which could then be placed on the final plat of the subdivision. I hope that the following will serve to fulfill that suggested requirement. The easement identified on this plat belonging to the Salvation Ditch Company is for the purpose of owning and maintaining an irrigation ditch. The ease- ment includes the necessary collateral rights of ingress and egress for the purpose of reasonable maintenance of the ditch. Land ownership along the easement for the Salvation Ditch does not include an implied right to the use of waters flowing in the Salvation Ditch. Lot ownership does not carry with it the right to use the waters of the Salvation Ditch in any way. If you have any further suggestions or planned modifications concerning the above referenced language please let me know. Very truly yours, DELANEY ANii' BALCOMB ~v( By Scott Balcomb SB:pc cc: Clyde Vagneur Bill Goodnough .~ '-, DELANEY & BALCOMB ATTORN EYS AT t-.AW DRAWE>=l 790 GLENWOOD SPRINGS, COLORADO 81601 FloeERT DE!:L-ANEV KENNE:TJ-l aAL-COMe .JOI-lN A,TI-lWL-50N EOWARD MWLHALL..JR. ROBERT C. CUTTER SCOTT M. SlAL-COMS SIB eOl-ORApO AVeNUE TELEPHONE 945.6546 AREA CODE 303 December 4, 1975 Aspen/Pitkin Planning Department 130 South Galena Street Aspen, Colorado 81611 RE: Callahan Subdivision Gentlemen: The plans and/or plat for the Callahan Subdivision have been reviewed by the Ditch Company, and they have no specific negative input to supply with respect to the plans for this subdivision. However, I believe in the interest of continuity, some of the suggestions made with respect to the Rubey Sub- division are also applicable here. In general, the Ditch Company has had considerable problems with persons who purchase lots in the subdivision, not comprehending the facets of Colorado law which enable the ditch to continue its operation unmolested through such territory. Often times, the lot purchaser actually believes that he has the right to take water from the Salvation Ditch when the right is completely nonexistent in law. Furthermore, the prospective lot owners have no awareness of the practical day to day problems of ditch mainte- nance and the actual width of the right-of-way which is necessary to accomplish this purpose. Accordingly, the Ditch Company would like to see the Aspen/Pitkin Planning Department require the subdivider to survey the right-of-way of the ditch (including the necessary right-of-way for maintenance and access as it has arisen over the years, and locate it specifically on the plat which would then be filed of record. Furthermore, the Ditch Company would like to see the subdeveloper provide each prospective lot purchaser with a statement concerning the prospective lot owners rights and responsibilities vis-a-vis the Ditch Company. Perhaps /,"'''''',\ ,,~ Aspen/Pitkin Planning Department December 4, 1975 Page 2 by implementing this method, we can avoid some of the serious and expensive problems that have arisen elsewhere along the ditch right-of-way. Very truly yours, DELANEY AND BA-LtOMB ( ,y :?tfl;('~tk ( Scott Balcomb By SB:pC cc: Clyde Vagneur Bill Goodnough / / 130 so aspen, ", r-\ !,/ ~~ sU street 81611 MEMORANDUM DATE: December 15, 1975 TO: Members of City Council FROM~~andra M. Stuller RE: Callahan Subdivision - Proposed Rezonings In order to proceed to final adoption of the proposed Callahan SUbdivision/PUD (to which you gave conceptual approval in October) we will have to initiate the rezoning of three par- celsof land within the area of the subdivision plat. Attached is a map showing the location of Parcels 1, 2 and 3; Parcels 1 and 2 are the tracts you annexed earlier this year. Parcel 1 is proposed to be zoned RR (Rural ResidentiCl.:!J ,~ to accommodate the use of the area as an open sPace recreation site (tennis courts). Parcel 2 is recommended for R":15 (Residential) zoning. Parcel 3 is the site of the Benedict home which iSLeo be converted into a club house. Rezoning of this area to Il.R/(from its present R-15 designation) is necessary to establ,ish a recreation club. Recreation clubs and open space recreatio),'sltes are con~ ditional uses within the RR zone; consequently, if the rezonings are approved. the P & Z must then specifically review the compat- ibility of the proposed recreation facilities prior to permit issuance. ' An ordinance to accomplish the rezonings is attached. The P & Z has conducted their public hearing on the requested rezonings and recommended approval. SS/pk Attachment ,.; ,; ,', " ,'''.'. } ",-.":" -~." ' ' ,'",", ;,~.:'~',~, "~- . ,-;, "'.....,' ....,.. C.,, MO'Ott:t... t. .._"'~'~' Continued Meetinq -, ~ueman Property ." ' (Contrd) , '.- ;_.t'.,::;' I ,." 'C!\ Wedum':'Hyma~ .'", Ordinance 116~ 67 71 ,A, '.. 1"\ ) " 'j/,,'.~ . "', RECORD OF PROCEEDINGS 100 Leaves' Aspen Planning and Zoning Commission December 2, 19: Collins moved to table any action on this application until t~~ Plann1ng and Zoning has had a chance to review the proposed downzoning. ,of -, ,- " Otte flug'gested that Thursday, December 4, 1975 a study s'ession on the downzoning and Tuesday, 9, 1975 thEy discuss th.eTrueman Property. '. ..". . they'have Decerr.ber ' All in favor, of the motion were' Goodheim, DObie, Otte, and Collins. Opposed were Jenkins and Hunt. Jenkins opened the public hearing; -and closed the public hearing' and tabled'it. , .' (, Jenkins opened the public hearing and closed the public 1'learing. " , ., Hunt moved to table .Ordinance #66,' 61, 71, Series of, 1975; and Wedum-Hyman preliminary sl,lpdivision;seconded by Otte. All in favor, motion carried. Callahan Subdivision Jenkins opened the public hearing on the Gallahan 'Subdivision, preliminary piat, and three rezoning applicants. I j .<:.:1::4, ~.>'-,no " ~',' '. . " -'"'.;:' . ',~ . Clark presented the Callahan Subdivision. Clark passed out an engineering analysis which,Dave Ellis of, the engineering department prepared and was on the preliminar plat. Conclusion is on page 4 and theconclusion stated that all of the above comments and requirements appear to have workable solutions. The applicant has submitted .extra working drawings on utilities and circulation. The Engineering Department recommended that conditional' preliminary approval be granted~ However, due to the' extent of the conditions which .are from the engineering department and are as follows: An additional 10 foot set back in case there should ever be a request to make this a public road, Planning Department agrees with that. ~hey are talking about ext~nding a water system Up Highway 82 to also cover Mountain Valley area; the, engineering oepartment is requiring 8 inch line rather than a 6 inch line. All of the conditions in the memo have been met. We have discussed the water right with the applicant and they are in agreement with the Plannins Department. ~he preliminary plat has been sent. out. to , 20 different referral .agencies and getting comments back f.rom :referral agencies and incorporating them into' the engineering comments such as the ditch companies, ~ater and electrical departments, gas companies we are incorporating all their information on this pre- liminary plat. We want them to show. access off interior :road system rather than highway 82, certain sites :require pumping for sewage, lot 9, for example should be aware of that also lot 9, riverside ditch goes above the building site such that we are recommending that ditch be culvert on lined above that building site so wi} not affect the house. Talking about series of easements gas line etc.. talking about sewer easement going , th:rou9n th~ Ute Park to the East that has to be coordin- ated with City Drainage plans off to the mountains which the applicant is aware of. Talking about putting hydrants in along interior road system, talking about bike path that has just been resurveyed as .of yesterday by '~ County and has not reflected on this preliminary ., plat:.. ~he applicant has agree4 to 40 that and has no problem with location. . -5- I. ' "'\ .- ". , ,"" ...',~ . ~;. ';.,~.;' ,. . .:':"~/'.' "',"~"~ -: "\ . Callahan Subdivision (cont'd) je, Motion ,-"." " ,.j ..... '~, .' Aspen ~a:nning and Zoning conunis('''''n,' D~celllber 2, 1975 'l'alking about 3 ditches that go through property; the Nellie Bird Ditch, Riverside Ditch, and the Salvation Di~ph each of ~chl1ay,eown specific problems these would be water rights we request that they, be surveyed and put on the preliminary plat. Talkil about no obstructions to any of the.' ditches.. Clark mentioned that there is going ,to be a large indoor tennis facility which is almost'a.full city block in size. 'l'hereis a statement from the Engineering Depart- ment about outdoor tennis court lighting, we are . recommending that none of the courts except.. one set of tennis courts be lighted at.night; there are 7 outdoor courts and we are recommending that 2 courts be lighted. We arerecommedning that no utility expansion or exten- sions be made to the area east of the present developed site and the last items are bascially the proposal has only 1 employee housing unit in it for. .the caretaker , of the Plum Bouse facility; also they are planning parking at 2 units per dwelling unit, the townhouses which is 40 spaces. Last item i.s.that the. Engineering Department is recommending that oneCOS of water right from the holdings of Mr~ Benedict on Hunter Creek be in affect dedicated to the City asa condition of annexation of this land and in addition right of first refusul.with a guarentee price on the Nellie Bird Ditch of 3.94cfs be also given to the City Council the right to negotiate the price of that water right. ~ .' . 'Clark mentioned that the City is going to be providing water to the property. They would use that as a standard requirement for subdivision where water. rights are involved. Basically the land and water should go together. .' Hecht, applicant of the Callahan Subdivision, mentioned that they do not have the water rights; it is something that Benedict has agreed to consider and .consult with his water attorney to see what can be developed on that. Hecht mentioned that if, they are approved condi- tionally that they would have no control over the water rights. City Attorney Stuller explained that the distinction herE is'if the Planning and Zoning make it a',condition 'of approval it would bea condition that they cannot agree with. If th.e Pla,nning and Zoning make a recommendation to city Council to negotiate; it is something that' they can deal with later. Clark also mentioned that they are unclear legally right now as to what right that the Crystal Lake, which is in the subdivision, has in effect. It appears to be seepage from the Salvation Ditch and there is some question whether'thatditch water can be cut off and the lack, in effect, will ,be dried up. Hunt made a motion to the effect that the Planning and Zoning approve the subdivision rezoning of three process and the preliminary subdivision plat with the Engineerinc Department exceptions except for that concerning water rights and we would recommend negotiations; seconded by':, . .'./." .\ ';- ".:' ,i.," City 1\ttorney'StuUer felt that she'dind't think the~e has been enough thought given to this proposal and didn't know if they had any legal position to impose that kind of conditional subdivision. approval. . If the Plahning and Zoning would like, theCity Council could COnsider negotiation and purchase of these water rights at the time of preliminary approval, the final plat approval then make that specific recommendation. ,-- (:) -6- <'') , . ,- ~. ..,. "",- 'OII'ICW C".'...OIClCtL....o\ 1,.. co. Continued Meeting .... Callahan Subdivision - .' (cont'd) "..,', l .' :': , ,-'- " ~ . , .'~ ," . .-j.' . .' . '",''' -', ..;.,,'<i;ro....'. ,.'-t., ..,'~ ,'." .'h ,,(,:~," ...-~' 1"""', " . ^) , L ,\,,- ~ , RECORD OF PROCEEDINGS , -, 100 Leaves Aspen Planning and Zoning Commission December 2, 1975 Hunt amended his motion to exclude any concern with water leaving that at. the option of the City Council; seconded by Dobie. All in favor, motion carried. Hunt moved to adjourn1 seconded by Otte. Meeting adjourned at 9:00 p.m. , ~..Ab <ffl. l'J, KLflt~ ~ Eliz~~hM. Klym, ~eputy City Clerk . .', . --, (' , I . !'_ C" " ,-- " ,,'''.'''''' "Y~;>''''_: , ,....11'; 'F:" ....~---~ r'\ ,,-., P-'1El\'ICJ rpc: HAL Cr,r~nK 1/LANNTNG DEP'.r. ~1'nOIv~: Dl-\ VE GIrTY EN DATE: Dee, 1, 1975 HE: CALLAHiUT SUBDIVISION _. FHELUUN,l\ HY PEN], EEVIE\-! S,'he cnginoc?r,:Lng department 1" S GOmGlents and concerns are rat,her ex,tensive, and l..lnfortuneately I w:ill not be able to attend the public hearing, Min6r technical changes or addi1;ions 11ave bee)1 onlitted afid wJ.ll Lo ll&ndled directly with the a9plicant. Most itelns covered here have eitller been discussed with or brought to the a'btention of the applicant's representatives; however, SOlne items have not been s~nce they arose only this weekend dtlring on~site inspecttons. .r;}. r9YJ.:i?:~_~ 0 ,Cl~ld_,!t~~.ght::_::::.2.!: .-. vJ ~Y.._ II1}1E.' c011cept of a one-v.ray circulat:l.on pattern to 11.1ore fuJ.ly utilize"existing roadways and minimize disruption of natu!'al terrain is acceptable in this situation. Stol)ping-sight dj.5tance~ at the proposed interscctj,ons wi.th }[jgllway 82 are sufficient for a 30mph design speed) and t.rl(~ spacing bet,qeen 5.nt(:::rsectioru; :is adequate. HO\\TeVer, the location at' the ee,sterly :LnteJ?f.,cction poses prbblems with grade (4%min,) and curvature. To attain the 4% grade, a fill of 6tq'is required which would in turn require filJ. SlOpES steeper thail J.:1 wit,hin the r:Lght-of.-\'!ay. rrh,e ;?Lt t right-o~>-wa'y i8 acceptable \.'Jhere necessary Cl1.ts and 1'5.118 for a 10% rnaximurn grade on ~nterior roads and 4% at intersections can be accom- modqted without excessiv'e cut/fill slopes. The reduced centerline radii are acceptable excent for curves fill and 1/16 wbich should meet the mini,mll;n of 100 feet s:i.nce th:i.s is the primary circulation loop. (;.,,; In order to provide for 1:he eventuaJ.ity ttlat th~ road system may be eithe:i:' tVJ'o--vlay 0';:' pub~Lic at some f'utuY'e date, an add5ti.ojlal 10 feet should be addeclto the >Se-7bAcn... required R,.l'j ilnrJ Hn ser,bac;J.cs em alJ. s:!,tes, ('rhe c:!,ty .pl"csent1y has pendtng a request to taJ<:e-ove.r an jn(idc"~ 7stJI:)~ quate private road system and has llad similar requests J~~~ before, ) Ut:'t.l::l.ties. IIlh,f~' ml.ntmurn 8i2,(; rat.heT' t1"J8n 611. two extens:ions: for water distribution lines j,s 8" The distribution system wiJ.:L require 1) A J:ine loop \\'J1J be rJcc(~s,~,)aJ:':/ (;':'1 }ltgh'\-Jay 82 east- fr'ol''rl Aspen G:CC)\lf-; IY.xmp stat.'i.on to the? m,Qst ca;:,;Ler<1..y intersection of tile Sltbdivlsion. 2) fin c:xtc: (l)"l (l,t' tJ1(~ \Ttc Ave:, l-i'.J'Jc' t,o r"'.~\vj,d(\ ce:- p:eotect;Iol'l t:o 1';.r)(' ;30~.i,ttl ;J,.nd ,- out..})C,<l~~.t ::3jde:.) ():C' the recreatj.orl c()lli]llcx. '.rhe~~e ext'.er)s~Lons:.\rJ 1:1 r'equo1.f'c "('8'1.1('\',1, by the county ;:;i.nc;f:; th(:y ay'c~ not cnt~l v i:IJt:J-J:lr\ the::' (;J..I,,;1. IrllC' ant,:l.cJp(~")tc(J J:L {lC' :::'11"";:; ~3 ;::;lU'(' S ::1 t: the: h'i, 'r'(: 1 C~V;J t J U:' ],,';, :tn 1: J'] C ;:~ Y ::~~. t C;'1"n \'F.i.l1 't)t:; rlL\c>ut ll(ip;::,t c]:J.cjYj;'; 8u,mr:lcr (:~"~'nnnd. ':rh:l.::~ _LE tl'~(~ m5.n1mutn de:~;il'Dt)]C' riln::i,rl ~)r'I:;'r,~:.:l}l'e arldLi'le ])()l,nt (.1Lt,,!hJ.c]) \~J'-::: bei..~Jn to e~c.i; c()rnr<i.,:;,J)'lt~'). ;~~ ~~:l,Lu:1t.J()n sl)()uJ.i:,1 be:' aII,Ltc Jpi.\ L('~(Jwhen ;,;J'vinr:: bu :i. 1 cLLrlp;u tine] i. nc; p.Julllh :-i.rJ!" ~ LQ'I- Il.wf~,.t., srll,,,,Jt~. ,.' to;s /fiotZ ..j.(II'(,JlJ(./:J~,ttXI4TI()'lIS lI"'d Ntt'Ss 70 I.-J~e"'d" ~.J, /010 r ,I><<.- I r "-lff!ttX t. ~7 S "'i\" .' t"""\ ,-, f,1snJO CalJahD.n Sul)(U.vJ~;jorl -., Pre,J:tlll:1.na,:r'y' Plu:t HGv:iew pase 2 of' 1!i,:~U1:,:i."g (c () n 1 \;:) r.>~ ,.ff1tl> ~ $' The sewer system will requil~e pUJnplng for several sj.tes and tills is n)~n1;ion(~d only as a matter of information. Aspen Metro Sanitation District will have final rev..j.eN on that. Eaf3cmc;,nts -_.._,_._._----~ v For cJ.ar:Lty these can Dest be enumerated. 1) The e~i8tini water and gas utilities will require a pnblic easement through Lot 8, Ri.verside Subdivision to serve the Callahan SUbcl:i.visi,on. n The proposed S',cl'ler easement through ute , Ch:Llclr'en's Park will requ:i.re Park and Recrea- tion Department and ,coljncilapprova:l. 'fhi,s is at fi.rst lOOk the better 10cat10n for construction purposes. c:,rt pft4'1'ltOe 1",;("'FCre"'~) . "''''''$.. . 3) A joint uti1.1tyand access (service & emergency) easement will be required acroBsproperty outside the city and the subdivision to connect the re- creation and office complexes with the Ute Ave. extension on BLM land. in 'rho ,;ubdiv:i.slon coc1.e requir;es ;'0' for emergeney access and the fJre dl,strj.ct has I'equest,ed 21';lf in the townhouse area. ;:i/fl! l/S-d~"'''''TS: f~" fC-,"~ 1<1"".., 5) Where sewer and water utj.lities are to be installed side by side, a total 01' 30T is required to Jnaintaj.n separation Bnc1. allow for construetion neerl~, To accomplhJh this an add:i.tional 5 foot ut:1.1ity ease- merit.i~ needed on each-side of ttle private road, system'. rrh(jtelephoi'Jf: cejrnp,any ha.3 also requAsted 5 feet an all- sid9 lot li.ncs ~and 10 feet on all front and bc1.ck lot 11nes. 'rho1r request is eompa.tiblc-: vl.ith the ~H.1bd:lvisi.on designstandar.q.s. L rrl' ~ w" , ~1"'P,tV 7 8) ;)'11'['1 \:'[;ont J}i i:(',]'!('~. <i-:Cfll.vey, , " :;,!:~r::nlcn'i,j j '''.I'' R.) V(\l'r~. 1'{1~; :-:nCl $:1,.1 V;t';~.l()J'1 ..,. . .1"'"'\ .~ Memo CEll1.alJan IJ a. F"e of . . ~-) Subdivision - P]~elimj_rla~y Plat ~evicw 13 ~~~_l~t:~~~E~(5.~_:?.:D~ ~:!~_:'~J2S~~._9 1" ?-_<~~J2Z, 1'*'" lC~ p' ~~1"P'" .1 ftV' i' J ~( tJ!~ ~~ 'fit fP.lI- p,-f 'fhe bu:Lld:ing sites for some of the townhouses and the'ro~rest10n buildinginelude slopes of over 30% and the exterlt of e~cavat;ion should be shown in accordance with Sections 20-12(f) and (i). In the. caso of the townhoUses it would be desirable to move them back from the very edge of the embankment and the Riverside Ditch, A building site envelope should also be established for Lot 12 since it has both 30% slopes and floodplain restr:Lcti,ons. ""0 ' ' Lot 9 as ShOVvD is a questionable bu:Lld:1.ng s1te due to excessive groundwater and its' location in a natural drainage. It is the lowest point within the proposed '11 ",,lSUbivision and lower than the va~3t ma,jority of the ~ I G..{r'Tl~ Oll. surround.ing at'ea. Being directly below the Rivers:ide I. "~.J" D'Ltch it also receives considerable seepage, ~p' , 0" 0/"''' pJO The footprint shown for the recreation building is essentially 240'x180' which closely approximates a ~ull city bloc]{ (2"(O'x220' )/, Hegardless of how low the buiJ.ding 13, ~L lS a massi,ve building for that area, The 30' setback in the RR district should be applied from the Bout:ll and southeast property lines to anticipate any future roadway, Another question is whether or not the outdoor tennis courts will be , 1Ip;hted,and if so, the very poss:Lble det:cimental effects on the residential neighborhood. (7 outside courts) , ...0 7 'Z 0f~' <f 'v c;..T 0' p,ol> - Adjacent Ownership 'The subdj.viston code requ.:t.res that sJ.{etcrl p.1ans be submitted for adj~cent property under identical ownership. Although this development is somewllat isolated from the balance of the ownership by the river and fl00dp~ain, there are utility and road considerat:lons which may be impacted by futu-ec developments, At prescnt we ha~e no indications of planf3 for' th"e remain:Lng prope.r.'"''Ly..!. ~~_ t e r.__llj.Jl;ll~_~_ NO ~7,(t,..., ~"""S~J. .. 'fO J.'47' 61: 1l<!1w'f)~'p~(JP FO/Z. /.. 19"'11> o~ "#(. , "e"" The existi_ng lalce is a prilnary component of tIle natural landscaping and the 'subdivision layout, however there is 110 adjudj,cated right supplying the l&ke. This sj.tuation ],eaves tIle Inke at the lnercy of tti~ Salvation ):Lt.c.h CCl.. should they dec:.:Ldc to 1:Lnc: thCLJ:' d:Ltch. Some nrJ.'itngernent is' n8c:-~d(;d to '17;u.ars.ntee the long teY'm ",}] 't,.."L- .{~ ("11(.... I~.J~'> 1'~ 'f' t,.,.,,,, '-"'~;I''>''~ v.../a,Jn..L .1.L..Y '(J..L ".._ .l.a. '\,L ," H U .I\lr'c CH\'118:t;-:;" L" v' p.' '\ "f- \ vJ ~l>'., ..l l' iT ' (,0'0 r:I'l".li.:: city' s contjnu~Ln~::; ~)()ltcy of';:,icqu.Jr>j.J'";;:; ~'Jater' l':i..ght;;:.i in conju~lc:1,ion wit]) tIle groutl} of i.ts' wat(~r lJtJ,lj_ty IJll)_;~)t be; ad.drcs~)\.:;d. rll'a,jor rr~:.J,rjJ,c:i.p{.J}_~OhT]}cd ,,\;o.tc:r jJt..iI:i.tic:s ',I") r'~)]t.Y"~(jo ]'(,"--Pj"i V>(: '[-,'1"i-' ~'jt. '~l'J('" '-".,r"'jr:;\ o'f' qt.,.t-~"')"..-;l1 -",01", or ._ j, '-''-_ _ .v... '.~ ", .. ,] 1.'"'''' ,l. ' h"_" \.I '. ,-,_. .'_ ll...' _' ,~, (.... ,....'- ".'.-0 '.I.,. .. -. suhd,:ivi~3:i()n the appllc,;1r.:t rn;lke hI.s wEitc,r p5.p;h~"~[j avaj l~- al:d,(; fer acqlLIs~)t~1on to tl')8 1:'J:~tt(;:',r' lJtl'l:Lty as r.:1 (~oncLi"tion ()1' ~)c;1.'vJe("-' 1 or 1;11(; 1)(::\'i! de vel. ,-")pmc'nt . Tl1C ctty :1.~') (i('~',)I,P()U~,:; oJ' ;.:lcqu.t:cJng;-:; or> }:'j,FJ.lt~) I,yj aJ] I3t r(c,') J:l:3 L() r:;u P,:l.llt.C-!P ;;:.ttc sU,r:1j"1},y .d!,1T"-l.ng (~rJtLGal 101;),..1'Jo\l"; YC;,::l:(';:1. ...J' ro-, ~. rViemo Callahan Subdiviaion - Preliminary Plat Review Page 'of llct'er Ri~r""(cor'l't) I d -;.. .~t:... .ll),::) \ -' . -------_.._~..__._'- ---- As a condition' or subdivis:Lon approval the city should, receive lefs of senior right on Hunter Creek and receive a right or first refusal with a guaranteed price on the 3 9"ef~ (IJQI'Lip Sl~rl\ o~ 1',')p ROarJ'11'~ 'l~Ol'k Wit'h Coun0l"] . 'i _ '-' .. ~ '- .. ,.>,,'.. ,_.......J... ". ! ) J '. ~ _' .. . _' c> _ , ~ . . \1\ .__.. . ,~_ ._ approval such items as ,cash dedicatibns and water PIF's can be negotiated as the value of the rig}]ts and/or the cityTs fj.nancial considerations necessitate. Conclusion 1\.11 the' above comments and requ.:Lrements appear to have workable solutions. The applicant has already submitted extra working drawings on uti.litles and circulation. The engineering department would recommend that conditional preliminary approval be. granted. Hov,revex' "due to the extent of the conditioDs, we would like to have the above items resolved in preliminary form prior to proceeding with final pla,ts a.nd engineering detail.?>. This sl"J.ould min~Lm:l_ze poss:Lble In~lsunderstandtngs an,d dupli.ca,t1.on ofwo:ck. ;Io1(JW'f" e /,Jo/.fSI4I1 ? - C^,lte:r-I'l-I{U- '811(e. 1fl (tfL- 2:s l.t~ r /l.ece.t II (K,;) PI1ft(i~6t~ ~~", 'eo/.'" Y'~I,,~ cc: Sa11dy Stuller tTJm )\'larka,luna2; rl'om DuC':ste{i,bol'g finely Hecht. John Be:1..B',:~l)(,J ~ !~ ASPEN/PITK 130 so aspen, ( ~ \ ,'I) ,',: I I \" ~ '" ~;' , \ ' J'", ing Department street 81611 .~.. '.. / , ' , "-.: ~"'-; '~.; -.... MEMORANDUM TO: City Planning Commission FROM: Planning Staff (HC) RE: Callahan Subdivision Preliminary Plat Regarding Requests DATE: November 25, 1975 This is a public hearing to consider the Preliminary Plat of the Callahan Subdivision and three (3) specific rezoning proposals for the tract. As of this date the Planning Office has not received written comment from the Engineering Department regarding the Prel iminary Pl at. Thei r comments will be presented at the December 2, 1975 meeting. Parcel 1 and Parcel 2 were recently annexed parcels and the Planning Office is recommending zoning them Ru~al Residential (RR) and R~15, Residential respectively as these are the contiguous City zones. The rezoning to RR for parcel three (3) is to accomodate the clubhouse use as a conditional use in the RR zone. Clubhouses are not permitted in the existing R-15 zone. The Planning Office recommends approval of the Preliminary Plat subject to the concerns of the City Engineer and approval of all these rezoning requests. ,....\ 1"""\ ^ @ Mountain Bell Aspen, Co. Nov. 24, 1975 Mr. Andrew V. Hecht Garfield & Hecht Attorneys at Law P.O. Box 8237 Aspen, Co. 81611 Dear Mr. Hecht: Per your letter of Nov. 14, 1975 requesting a commitment for service to the Callahan Sub-Div, we will serve your area, but at this time I can not make a firm commitment. 'I'e will need a final plat and a proposed construction schedule for the total development. We will also need at least a six month lead time to be able to provide the telephone facilities. There may be a construction charge to provide the telephone cabling and facilities to the proposed Sub-Div, which is paid by the developer, with a possible refund over a five year period, depending on the actual building wi thi.n the develop- ment. ' If I can be of any help or if you have a.ny questions, please give me a call at 925-1425. Yours :r~VA ~~~ Manager 430 E. Main St. Aspen, Co. 81611 .~.- --~."",.-,.~~_.".,~.-..,~ . '_-.~_.":",~...,,.-_._.-.~'- .."-" ..-, ASPEN METUPOLITAN SANITAT(';N DISTRICT November 21, 1975 Callahan Subdivision Lots 1 through Lot 9 can be served by proposed sewer line. Lots 10 through Lot 14 could only be served by the installation of a sewer lift station. Sewer service for Lot 15 and 16 and present office building south of the Roaring Fork River would have to have an easement through Ute Park plus part of the line would require 15 foot deep cuts and excavation in order to. be connected to present sewer on Ute Avenue. ~/?f..-/I~~r>-- ~C~lbertson Manager AHC:bk Box 2810 Aspen, Colorado 81611 303/925-2537 .,......,. /"", ROCKY MOUNTAIN NA TURAL GAS COMPANY INC, P.O. BOX 2059 . ASPEN, COLORADO 61611 . (303) 925-2323 November 19, 1975 Mr. Andrew V. Hecht Garfield & Hecht P.O. Box 8237 Aspen, Colorado 81611 Dear Mr. Hecht: In reply to your letter, dated 11/14/1975, in reference to possible gas usage in the new proposed Callahan Subdivision, first of all the Developer would have to make application for a MAIN LINE EXTENSION into the project. He would be reimbursed at $ amount per meter, depending on what size meter also commercial or domestic. Presently, while the moratorium is still somewhat in effect, the individual owners should sign a service line application. After these are signed the regulations read you must have a BUILDING PERMIT in 90 days, start building in another 90 days and be using gas within 9 (nine) month. My questionsat this time is, to you feel the prospective customers can meet these requirements? Mrs. Maddalone of Benedict's office asked for and we mailed to her 4 (four) applications for the commercial buildings. I mentioned to her also the stipulations we have and hope they are able to meet them. With these questions, I feel I should not sign the letter from you but will keep you posted on developments on the moratorium if you feel it of use. The Company makes a quarterly report to the P. U. C., usually on the first Tuesday of January, April, July and October and on these dates they have lifted the hol and have .received permission to serve on all these prior occasions. el that this will continue and we should not see any problems in serving e prospective customers. Please contact me, if further questions come to =7crelY, ~ ~~per ~ District Manager ,.-; ROCKV MOUNTAIN NA TURAL GAS CO~PANY, INC, P.O. BOX 2059 . ASPEN. COLORADO a1611 . (303) 925";'2323 November 17, 1975 Aspen, Co. 81611 Benedict Associates, Inc. Box 40 Aspen, Co. 81611 Dear Pat: In reply to our recent telephone conversation which was in reference to the Calahan Subdivision east of Aspen. First of all there will be no problem of installing an extension into this new project other than the subdivider paying for and being reimbursed on Aid te-"Construction for a five year payback period. I am enclosing (4) applications for service line as you mentioned and if the remaining lot owners would also sign a service line application I see no problem in serving these lots. Presently we are still on a partial moritoriumon which the company meets quarterly and reports to the P. U. C. In .the past all the people on the waiting list were accepted. I hope this is the type of confirmation you needed and if further questions come 'up, please call. Thar:k..., y. oU.' "'7l,/,f ;//.J/J/ ~c&'l't?eeo/~ ~:Ulard C. Clapl1,er District Manager wcc/cw P. S., According to present moritorium regulations the following should be initiated: 1. Building permit in 3 months. 2. Under construction following 3 months. 3. Using at the end of 15 months. REcra\,,"'n .'.. . ~,"" r; ,!,~i,'" tJ ..' ' "J ~~.~. ''. ", J\lOV191975 , ' , I" (" Qer ' :; ,;', r:SSDC. ,\,~ U"",1...-........ " ^ ^ RONALD GARFIELD ANDREW V, HECHT JOHN L, LAWRENCE GARFIELD & HECHT ATTORNEYS AT LAW POST OFFICE BOX 8237 ASPEN,COLORADO 81611 November 14, 1975 TELEPHONE (303) 925-1936 Mr. Michael Schuster Manager Holy Cross Electric P. O. Box 297 Aspen, Colorado 81611 Dear Mr. Schuster: I represent clients who are making application for govern- mental approval of a certain subdivision and planned unit development on the east side of the City of Aspen known as the Callahan Sub- division. The exact location and property description is described in the preliminary plat previously sent to you in connection with City of Aspen regUlations. By Submitting this letter, the applicants request that you commit for services to that development, which includes nine single-family houses, one duplex, twenty townhouses, a club house, and a recreation complex including three indoor tennis courts, two squash courts, two racquet ball courts, and facilities in- cidental to their uses. If, after reviewing the plat you can make that commitment, please do so by executing this letter in the space provided for your signature and return it to me as soon as possible. Thank you for prompt attention in this matter. If you have any questions, please call. Sincerely, c:;;;;Z.Lr ~ Andrew V. Hecht AVH/nwt ""'k.~/ --I /1 /J. l?;~..,- 11/ e,M-1./LV( ~( /~ , ichael Schuster Manager Holy Cross Electric ;1"'\ ,,-., aspen ,c PEN box v Aspen/Pitki.n Planning Office 130 South Galena Street Aspen, Colorado 81611 Attn: Bill Kane Dear Sir: The City of Aspen Water Department has no comments to make concerning the merits of the proposed subdivision other than to state that the water lines as shown in the preliminary plat should be "looped". There are two reasons for this: 1. to avoid dead end mains 2, to provide for system redundancy by interconnection of the distribution system or alternate circuit in the event that the portion of the distribution system need to be shut down for maintainance purposes. It is the policy of the water department to require new sub- division developements to provide looping of the distrIbution system wherever practical or possible. Therefore it is our reccomendation that the developer br required to provide an interconnection between McSkimming Rd - 82, south easterly to the street intersection abutting lot 1. We would also rec- comend if possible that an additional interconnection be provid'ed along highway 82 between the roadway marked "enter" south easterly to the roadway marked "exit" adjacent to lot 10. In order to maintain our that the interconnection be required. objectives, it is absolutely essential between McSkimming Rd - 82 and lot 1 JM/bc dG'nc.ereClrt~. J m Markalunas ater Department Director cc: Dave Ellis Tri-Co Management, Inc. Benedict Associates, Inc, I' Ii: ,,,,,,,", ~~. ~ /lJ1 1'l7S' ~ Ryb..W ~cL (I 1J'61<:'- CI.TY - COUNTY SUBDIVISION REFERR/\I, LIST 1. ~~2,I"F~;j";f '~n:+rS'eF!OOt"'bIsTRICT #1 BOX 300 ASPEN 1 2 . ': MQl;JN:1JAlbldlliil-L "~)C:'~"'~ GRAND JUNCTION 2. WILLOW CREEK DITCH CO. C/O LADA VRJ\NY BOX 658 ASPEN ,13. STATE FORESTER LEROY D. SCOTT 1.039 N. 7TH ST. ' GRAND JUNCTI ON 14. 8SPEiII nRILDlST~, 4l,li e'70' WILLARD CLAPPER BOX 2059 ASPEN 3. ,~6'('~(.R0ss.:.Ft'Fe~ "Cf(r'ctEMENr1<OPF ' . 1301 GRAND AVE. GLENViOOD SPRINGS 4. RlilC"'Y .,~W)l:Il'.,:G~O. 'tYtr'wrrLARD ctAPPER' BOX 2059 ASPEN 15. COUNTY SURVEYOR BOX 5547 WEST VILLAGE 81615 5. . FOREST SERVICE (BOB RANKIN) BOX 359 ASPEN 16. SNOW~ASS FIRE DEPT. BOX 5700 ASPEN 6. DIVISION OF WILDLIFE (WHI~AKER) BOX 1153 ASPEN 17. BUREAU OF ALND MANAGEMENT GLENWOOD SPRINGS RESOURCE AREA BOX 1009 GLENWOOD SPRINGS 8. COuNTY SANITARIAN 506 E l'tll.IN ASPEN 18 . ,'METRO.~IT~T lQlll r:OOi':iintr . ASPEN 19 ~,. CITY RECREAnOJllUilEPT. .' 20. SALVATION DITCH CO. C/O DELANEY & BALca~B ~ 818 COLORADO AVE. GLENWOOD SPRINGS ~:"~ 't:rF1"1:m'fj~~ 7. MT. SOI'RIS SOIL CONSERVATION SERVICE CARBONDALE 9. COLORADO DIVISION OF WATER RESOURCES 101 COLUMBINE BLDG. 1845 SHER~~~ ST. DENVER 80203 , GEO) 10. COLORADO GEOLDG I CAL SURVEY 254 COLUMBINE BLDG 18Lf5 SHERMAN ST. DENVER 80203 22. CITY PLANNING COMMISSION :OEO) 11. U.S. DEPT. OF AGRICULTURE SOIL CONSERVATION SERVICE GLENWOOD SPRINGS 23. TRAILS COORDINATOR DAVE RUSSELL 506 E. MAIN ASPEN '"~..,..~' .r:,,, ,,' ....,.,....... ,..,..<.... .... ....... ,.".-" " " ,"'.- "" _..,'," .',........ ,.c.. ~., ~ ,-.' "--p...:......:.:..,' ,. ...\......,....".,'.. ,; ," , ,'.M,"', .,.._ -,>.. ",_. ..... ',- -".'''' 'C" .. " ,< .' ,... ,.,','<",-},-:,^,~ '..... ......'-.....:..... ..'.'.......'.....::..'......'-..:..'..:......,........:..... ~"" ()~' /], .......:.'":':...-.......t:':........:...:.............:.........,......:._.~. .,"." : :. '. . '.--'.' ., "-'- "."_:.,.~,,:._,_.. '.. .". . ,....'...A.. ,;ltD, .~,*, ,<4. ~, 7:;;./[; f;" "l ~ r' 8/aol ("\ ,-, , , 1fIDl(6J~!;dZlli)n' Jr NOV 11 197t b ,J.. .J~..n_......nnn. K. K.--.-.--......~- W. T...,..,.......... r;, C,'---"-.-_ ... z...-......,-- w. c, c..-- ASPEN/PITKIN PLANNING OFFICE 130 South Galena Street Aspen, Colorado 81611 SUBDIVISION PLAN CHECK FORM Mailing Date: November 10, 1975 Subdivision: Callahan Subd;vi~;on Agen cy: Aspen Fire District The enclosed plat is provided so that each utility company and public agency may inspect the plat and the site, making comments, concerning the placement of easements, atc" and where necessary sketching recommended alterations on a copy of the plat. Your comments and any corrections made on ,the plat must be returned to the City/County Planning Office no ,later than November 25, 1975 If you have no comments please refer this form back to us making note that you have no comment at this time. /!?o/ of It/d /I'~l ~ ~ y- ?/0~_, rJ/ :JiftW~ I8cJtJ(:f'. , ' () o.-tLJCCrA/~H~ ~~~y4 ~'>J~~ C!~ ^ l"""\, ASPEN/PITKIN PLANNING OFFICE 130 South Galena Street Aspen, Colorado 81611 SUBDIVISION PLAN CHECK FORM Mailing Date: Subdivision: November 10. 1975 ' Callahan Subdivision Agen cy : Mountain Bell The enclosed plat is provided so that each utility company and public agency may inspect the plat and the site, making comments, concerning the p'lacement of easements, etc., and where necessary sketching recommended alterations on a copy of the plat. Your comments and any .correcti ons made On the plat must be returned to the City/County Planning Office no later than November 25, 1975 If you have no comments please refer this form back to us making note that you have no comment at this time. MauE.s.r S'UT7L./rY EASL'MENT A~~AJ(;'E~.sI.J)(; tJF .:s l:bE.L~ r '-INiE A-MZJ /t:J' A~NII8 ,,&"1I!1~vr AN:D t2I!:AJe ~.,.. UA/A!r C. ~;l.~ A6:A €~NE~ ~Jn7III.IN BE'"LL ^ ~. ~ ASPEN/PITKIN PLANNING OFFICE . 130 South Galena Street Aspen, Colorado 81611 SUBDIVISION PLAN CHECK FORM Mailing Date: Subdivision: November 10, 1975 Callahan Subdivision Agen cy : Metro Sanitation The enclosed plat is provided so that each utility company and public agency may inspect the plat and the site, making comments, concerning the placement of easements, etc., and where necessary sketching recommended alterations on a copy of the plat. Your comments and any corrections made on the plat must be returned to the City/County P"lanning Office no later than' November 25, lS75 If you have no comments please refer this form back to us making note that you have no comment at this time. f..Llt C; It-?< vL.R ~', .1""\ !"", < ASPEN. METROPOLITAN SANITATION DISTRICT November 21, 1975 Callahan Subdivision Lots 1 through Lot 9 can be served by proposed sewer line. Lots 10 through Lot 14 could only be served by the installation of a sewer lift station. Sewer service for Lot 15 and 16 and present office building south of the Roaring Fork River would have to have an easement through Ute Park plus part of the line would require 15 foot deep cuts and excavation in order to be connected to present sewer on Ute Avenue. ~JrI- ~~ Albert H. Culbertson Manager AHC:bk Box 2810 . Aspen, Colorado 81611 303/925-2537 " /....,. t""\ ASPEN/PITKIN PLANNING OFFICE 130 South Galena Street Aspen, Colorado 81611 III SUBDIVISION PLAN CHECK FORM Mailing Date: Subdivision: November 10. 1975 Callahan Subdivision Agency: Ci tv El ectri c The enclosed plat is provided so that each utility company and public agency may inspect the plat and the site, making comments, concerning the placement of easements, etc., and where necessary sketching recommended alterations on a copy of the plat. Your comments and any corrections made on the plat must be returned to the City/County Planning Office no later than November 25, 1975 If you have no comme~ts pleas~ refer this form back to us making note , L " ... I L VVJ 1,\ ^ t~ l)~(D]~~~D J\f NOV 11 1975]1 J, J,'.h..........,... K. K".....n.......- W, T...-............ E, c,.....:.,:....,- 'L z......,..-...,.... W. c. c..-- ASPEN/PITKIN PLANNING OFFICE 130 South Galena Street Aspen, Colorado 81611 SUBDIVISION PLAN CHECK FORM Mail i ng Date: Subdivision: November 10, 1975 ' Callahan Subdivision Agency: Rocky Mountain Gas Co. The enclosed plat is provided so that each utility company and public agency may inspect the plat and the site, making comments, concerning the placement of easements, etc., and where necessary sketching recommended alterations on a copy of the plat. Your comments and any ,corrections made on the plat must be returned to the City/County Planning Office no later than November 25, 1975 If you have no comments p lease refer thi s form back to us mak i ng note that you have no comment at this time. ~ W.J!~ 2.-d~~~ crn~ ~--r- fcUo~"Jl/J=v-I.%~-~ --0-\ a/~JACcO --L~ 4-jJo-y~rh~-dJk~'~' ,;Z/- ~~, " WJ&~/(!~ o([lJ- ?J1a.r~ , t]~ jJt/~,/<f;~ e ARCHITeCTS PLANNERS ENGINEERS BENEDICT ASSOCIATES INCORPORATED ~ ,..' BOX 4(l ASPEN 81611 COLORADO (303) 925-3481 November 10, 1975 Mr. Andrew Hecht Garfield & Hecht Post Office Box 8237 Aspen, Colorado 81611 .. Dear Andy: I am enclosing two (2), copies of the legal description rOT the " Clubhouse area from Tri-CoManagement dated 11/6/75 to be used in the public notice for rezoning. I understand that you will also ask Sandy Stuller whether or not a public notice is required for the P & Z meeting 12/2/75 when the "Conditional Use" for the Clubhouse and Recreation Facilities are to be considered. , '. The 1ega1g~scriptions must be received by the City Clerk no later than noon 11/12/75 to meet the 11/13/75 publication deadline. Sincerely. BENEDICT ASSOCIATES. INCORPORATED . ~~ M'1'1iaddalone I jl PM:gg , ERe10sUxes l I i I cc: Kathy Ha.uter, City'Cler:k,.",..- .. i~ ;~ '1 ,ll~ TRI-CO...iManagern€3nt, Inc. Planning' Design' Surveying - Engineering -Construction and.Management of Land November 6, 1975 Lotl4 Parcel for Re2;.oning 75-113 Benedict DESCRIPTION A Subsidiary of Trico Corporation .. Offices throughout the West .......,jll!!..... A Box 1730 Aspen Colorado 81611 303-925-2688 'E~. ,"ne9 ;dl\e". l'C ;",- ....CClW.... II led P.O,~40 ' ASPEN. COLORADO 81611 Phone {303}925-3481 ~, l1~UU~OO uDff UOOtAl~~(f.JI]nuu6:JL oA>. November 6, 1975 1'08 N'75_15 ATTENT10l'ol : ,Richard Presence I ' , ' , RE' TO Colorado Dept: of Highways Callahan Subdivision '0 r- f.-\ 1""" . , j', ",- P. O. Box 2107 NOVJ.81975 n Oen:,Il';, " . , , .....,.......v. Gr"nd .Junii1-inn, C:nln=i1o R1501 GENTLEMEN: WE ARE SENDING YOU o Shop dra~ o Copy of letter Xl Attached tJ Under separate covM-aM DeliverY to &ill ~'oltowmg items: Gl:Prints 0 Plans 0 Samples 0 Specific;ations o Change "oier 0 COPIES I 1 se~ DATE NO. DESCRlPTlOH, 10/31/75 20 Callahan Preliminary Subdivision Documents - (3 pages) , THESE ARE TRANSMITTED as checked below: ' ~. o 'for approval Ox: For yow: use o As requested o for, .review and comment o FOR BIDS Dl.lE o Approved as submitted o Approved as noted o Returned for corrections o Resubmit_copies for approval o Submit_copies for distribution o Return_corrected prints o 19 o PRINTS RETURNED AFTER'l()A!'tTO US REMARKS . ,... RECEIVED BY: ~ C:.-/hY1~&. GtG, - Urcf,dffiZ Iff 7/zr COpy TO 5P ,.",,1400T-'......~~$oNI<i......T_...... SJG@~.L.-/ ~-4~~1 ~~ It enclosures ate not as noted, kindfynot;fy us at OIice. Pat ~dalone '--~'---- --~ ~- ------------..--.'--1' "':------. ".,,~ "--.-----~---c-'-1"'""-:--'-cc'~--------,.--...----- ~.~. ~',~':"- .:. .. . :,,-,,:...,.", .....:' " . '.','. -'::;' -:,<:' " R:II<<nkt ..~~,'lI.1' I __rwaJalav P. O. Box 40 ASPEN, COl..ORAOO 81611 ,.,....... ...'.........:.:.'.."...... .' '. ,[L~UU~OO @W uOO~~~lmilntillb .( !I'" Phone(303) 925-3481 DATE 'November 6. 1975 ATTENTION 1'0"75-"15 TO Aspen Fire: Department Post Office Box 2059 \ Mr. Willard Clapper ,. RE. Caliahari Subdivision ~pen, Colo~ 8161l GENTLEMEN: WE ARE SENDING YOU o Shop drawings o Copy ,of letter Hand delivery to Bill !Cane ~ Attached 0 Under separate co_ via tlt& following items: Gl: Prints 0 Plans 0 Samples 0. SpecificatioM ".' o ChaAge ott:i8<' , 0 COPiES I DATE 1 set lO/31/7S NO; DESCRIPTION Callahan Preliminary Subdivision Documents l4 THESE ARE TRANSMITTED as checked below; " o For, approval o For yeur use' o As requested, o Approved as submitted o Approved as noted o Returned fOr corrections o Resubmit_copies for, approval o Submit_copies fOr distribution o Return~corrected >.' ". .,'...., o..Far-~-.ana:~;~nt D o FORBIDS DUE 19 GPRINTS RETURNED AFTER LOAN TO US ,~ARKS ???~~k/~, ~ YtJd~ Yd:;,. , 'p~~: 'l-Ci'#~~~;;-~~~~~~ f ' c-<!t;/r 4)~h, prJ-:~Wty--4-#''-'-'ll-/'~_4fiT ~-6~,/ r ~~? 7.~ ~'-"[..<-<u ,~ .-/7.-;'''U--f' ".-i-d.~ .- . . cr- RfCEIVED BY: ;::::j' ---2-- bff!!:.......//:? /.J;t~ .~ /e~j</ (2Y~.;., ()//~ ~ ;I t/ COPY TO , SIGN~~ ~~~~.i2 If ....,./......,,_...;0.... n.... .... .."t...", i.-......,w .w...ohO..... ....' ......... Pa~c____ddalorl~ Q~~ -C1ord('~t& ~\ /n~d 1$ ~ ~ ,D Jce.~r (/.2 cc:l.) (II~O) p~ 7;> 1"'-, STEWART TITLE OF,ASPEN, INC. HEREBY CERTIFIES from a search of the books in this office that: The following named persons appear to be the real property owners lying within a 300 foot radius of the Clubhouse as shown on Exhitii A and outlined in Green: HARRY W. AND CHARLOTTE A. POSCHMAN - Box 2671 Aspen 81611 DOROTHY p, PUMPELLY - Box 1093 Aspen ERIKA GROB - (Mrs. Robert Murray) 21 Flint, St., Salem, Mass. 01970 DARYAM. NOONAN - Box 894 ,Aspen 81611 KATHLEEN B. WILSON F/K/AKATHLEEN BUTTERWORTH 58 Hawthorne Rd., Roell: Island, Ill.61201 SHELDON GROSS ... Box 185, Aspen 81611 WOLF J. AND RIA MARIA BEYER- Box 1311, Aspen 81611 IRWIN W., JR. AND ELLENW. HARLAND - Box 484, Aspen 81611 CHARLOTTE WHITE THOMSON 1375 Riverside Drive, Aspen ELIZABETH ERICKSON - Box 912, Aspen 81611 ~ THE COUNTY OF PITKIN - 506 E. Main Street, Aspen JACK E., JR. AND JANE E. VAN HORN - Box 1585, Aspen 81611 RUBEN M.GINSBERG (TRUSTEE) Aspen, Colorado FREDRICA. AND FABIENNE BENEDICT - Box 40 Aspen 81611 BENEDICT LAND AND CATTLE COMPANY - Box 40 Aspen 81611 PATRICIA E. MADDALONE- Box 635 Aspen 81611 ' Although we believe the facts staed are true, this Certificate is not to be construed as an abstract of title, nor an opinion of title, nor a guaranty of title, and it is understood and agreed that Stewart Title of Aspen, Inc. neither assumes, nor will be charges with any financial obligation or liability whatever on account of any statement contained herein. ' Dated at Aspen, Colorado, this 30th day of October A.D. 1975 at 8:00A.M. STEWART TITLE OF ASPEN, INC. BY: d;?4Lf~~ (/ /" ; - r-- 130 so aspen, SPEN street 81611 MEMORANDUM DATE: October 28, 1975 TO: Hal Clark FRo~andra M. Stuller Be sure to initiate rezoning procedures for the recently annexed Benedict tracts. Ordinance 64 annexing the two parcels will become effective next Wednesday, and the ninety (90) day period to rezone commences then. SS/pk ~31/ ~ "',.-e.<: //cz'~ September 30, 1975 James T. Moran, Esq. Holland: I Hart. Attorneys-at-Law P. O. Box 1128 Aspen, Colorado 81511 Re: Callahan SUbdivision 'l'rails Agreement. Dear Jim: It is my understanding that a final trail agreement has been reached between the Benedicta and Pit.kin County along the lines sl19'geated at our meetin9 two weeks ago. I would like to alert you, for the benefit: Qf your clients, that the proposed scenario for conveyance of the right-of-way to the County may not be appropriate unless certain conditions are mel:.. As you are aware, Section 20-18 (c) of the City Subdivision Requlations requires that: .. (c) Whenever a tract to be subdivided in- cludes any part of a bikeway, bridle path, cross country ski trail or hiking trl!l.il designated on the, Aspen, Trail System Plan, t.he subdivider shall plat: and grant public easements in compliance with the plan. Thel!iEl easements shall be in addition t:o, and ahall not be included in, ':;he computa- tion of thepubUc open space dedication required." The City waives no right to haVing thatrail dedicated to t.he City, and the sU<:J9'estion that t.he County WOuld be. the appropriate donee for links lying within the City was premised on a pending City/County trail agreement that anticipated that all trails (whether within 9J:" without the Ci'ty) would vest in the County. Diseusl$ions on 1':he aqreement have not progressed at a paae such that I can assure you that when t.he dedication is t:'eAdy to 'be made, that the County will, as a llIlltter or right, he the appropriate accepting agency. ~ James '2. Moran, Esq. Sept. ember 3G, 1975 -l?8.qe 2- Consequently, ,11'1.11 you please let: me knOW when t.he dedioation ia ready t.obe made (f~a.l plat.) and we can, at. t.hat. point, waive any int.ere$t. t.he Cit.y uy have or appoint: the City as donee, 8.$ 1:he <:ireum.tanoee uy require. Very>t:ruly yours, Sandra M. St.uller City At.t.orney $$/pk co: 3111 Kane J. l.\rl0h0laaMcGrath,Esq. --_____________s 1 " ~ ........- .J'~~~ MEMORANDUM DATE: September 11, 1975 'rOt ~1eIlIberaofCny COUncll FROM: Sandra M. Stuller REI St.atus ,of Ne9ot.iatlona for Callahan (Be~lc:i:)SUbdivlsion lrrail .:toe Edwards, MikeK1nllleyan.d Imet.wlth the aenecUc:i: fi:rm for one and .a half holitrs. Wednesday to attempttoarrang-e :for the imlnediate"'eonstr\l.cdQ11of . t.hei::ae"ll link t:hrQU9h the Callahan Subdivlsion Plilnd1ng' final subdivislon/puDappmval. The projectlln1sv. receive subdivision, pun and' stream margin approvals, be,re%onedtin part), and be annexed, (J.n part). TO date, it. will have nceived only eonMptual Sl.'1bdiv.t.a.ton .approval, withOutlll'le~l~tPlan approval scheduled in the, near. :fut~e.. G!ventheprellfl\1narY status of 'the project. in eity land uS(ipro- aeduns. it. wasJllllMclear early tnthe disC\U!usion ytultl.-day t.hat no arrang;esaent made with referlmce to the trails ~uld ~natU:ut.e, in anymann$r, anstra.int or the exerelSt!! of y~ or the l' & E'a delibere:t1ons, when. various' hearings or approvals are JIIllndated by Qltt're<ptlat:iOns. Given .the above limi:t:.at.ion, the follOWing arran9'fiIl1ent. "conditioned on a9~t by i'abienne Bened1c:t) w<<s 1llJIl.de. BenediQt gave~haCowii:y the right of illll1lediat.e entry to ~ljifi dQnatruat:1on ;With.in 1t~next. week. In the evel\t the subdivislon propos.al now 1*lding (36W1its) ,re~ivesf.inal approval, BenediQt will eonV'il!yt,ttle eo. the COunty . of the enti.retrai1 (that. both within and wi~t. ~IlUbdlvidedtracth<u1d the maUar wU.l be resolved.. lrhe unavUlal:>iUty of asphalt' <<fter ~r is what makes the, imluediate QonsU'UctiAAofthe t'-\'8.UnecassarY.' The cquntywou14a.sstune all OO$tli <i)f eonstruet1on(induding the brid9'el, and do a eenterl.ine t in-place, . s/\1rvey of the traU on oompletion. V /' ~-, /~ Members of City council Se]1Jt.moer 11, 1975 -Plll~ 2- If Benediet. <1QeliJ not reoeive approval of this project,or any otller project be .Ill&Y wish to present to the city, and he"', hall made a 9QOd faith efforein his ap!,lica:t:ions, he will notify l'it1l;:.l.n. county edBenedict cmdtheCount.y IlIUst negot.1ate for a sixty (50) , day period to det.e_ine the value ,of the laad taken for thet.rail. Failing agreement, the County will beqin condemnation proeeelUnqs and conSElntto pay fUll" ~ward rendered by the Co~t or jury ~ssion in the proceet'U.nqs. As a eorallary, if the pendiag' proposal is not approved, thlll), within thretll years of, the date of this agreement, Benedict can request: relocation of any part of the trail ,(either t.o accommodate a new project or the continued use by the Benedicts of the t;;t'actfcn:- theill' residenoe) exoeptthebridge, am the cost of relocation will '}:)e bo;:ne GtI\UlJ.ly by the county aad Benediqt. Finally, 1me Benedict firm will design the bridge so it will be ~ sQIl1ewhat responsive to any future uses the ~enediots may fUlHeipate for their land. The arranqemen't has not yet been reduqedt.o writing and 1lI.1IlY be amended. n does not. directly affect the C1:ty at: this point, but: :I will keep you 1.nformedof aayradicalchanges. :;:S/pk eel Mick Mahoney Bill Kane ::.it * * 0 ^ 0:> * o-J ~ ..... z o-J o-J ,." <'g n 0 0 0 @ @ .... @ ,." ~ .... .... .... .... '" 0' ~ ... ;0 rt ::J @ ::J .... @ @ '" @ @ ::J o '" o-J ::J '" ::J n .,. '" 0- '" '" ;:>- Ei .,. :x: :t> .... '" .... @ .... 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"0 ., ., "='0 rt .... .... ""::J @ N g. c: c: '" '" @ @ @ I-j .... ~ .... .... \0 n ..., 0 '" S ~ n .... .... ,j,lJ ";.. ;.II r--, ^ Special z.teeting Aspen City Council September 11. 1975 _. ,.---... ", Mayor Standley called the special nteeting to order at 7:0S.p.rn.with Councilmernbers Johnston, Parry, Pedersen, City Manager Mahoney nnd City Attorney Stuller present. ,. HIGH SCHOOr, HOMECOMING BONFIRE ': ;1 Mayor Standley told Council this was a request from the High School to have their bonfire on the Rio Grande Property. 'Mayor Standley had Chief of' Police Hershey and Sanitarian Bob Nelson check it out in terms of tho proper place to have this bonfire. Hershey and Nelson agreed it was. , , <, Mayor Standley told Council he had talked to John Ranyan of the High School and reminded him that last year's homecoming class did not clean up very well after the bonfirem. Ranyanhad promised Mayor Standley they would clean up thoroughly after the bonfire. Councilwoman Johnston moved to approve the use of theRia Grande for Friday, September 19, for the bonfire; seconded by Councilwoman Pedersen. All in favor, motion car~i~d. ~, C~f~- Conceptual SUbdiViSio,n Review ~. B1 ane, City/County Planner. reminded Council that the. applicant wanted assurance about the club house. Kane told Council that Calahan intended to use Benedict's house as a club house, and as it stands that is rtot a permitted use in the R-l5 zone; however, it would be permitted in RR.' Kane said the'planning office would support a proposal to rezone the property to RR. RR is a lower density, but does permit a number of recreational uses. Kane read the list of permitted uses in the ~R zone. Benedict pointed out that this facility would be a dining room rather than a restaurant. Councilwoman Johnston said it was her ~nderstanding that this was to be a private club facility for members and guests only. Kane said he had envisioned it that way also. Ji.m Moran, representing the applicants, to'ld Council that services to club members . would i.nclude being able to eat th()re and drinkther'e.' Councilwornan>'Pedersen asked what the hours for this club house would 'be. Moran said this was hard to determine; it 'depended on when members wanted tennis privileges. Moran said he could anticipate .a.narrow time when a meal could be obtained, and a t~m~ range on either side where members could get soup and a sandwich. Moran pointed out that club facilities, in orderl to, support themselves, had to have some servi~es aVailable~ Moran told Council there would be a licensing problem wi.th the state. Club licenses are available to either an affiliate of a national organization,. or to a club that ,has been in existense for five years and collected dues from members for five years. Moran said this clubhouse could either apply for a regular liquor, license, or remain unlicensed and the facility would not have title to liquor and would not sell a drink. Moran wanted Council to be'aware that a club facility which excludes the general public creates a licensing problem. Moran told Council this because there has been expressed 'a desire on the part of the Council, the P & z, and the developer- that this area not be a public restaurant and bar but be a membership club. This facility should also be private membership rather than public because it will generate less traffic. Moran told Council the applicant wanted Council to understand that this facility would .be run on a club basis with dining and drinking .facilities in' the clubhouse. Moran told Council the licensing issue would be a problem later on, and he wanted Council to be aware ,of this. Mayor Standley said the Council. did not have .the power to give this project a liquor license that would be restrictive. The applicant would have to present assurances to Council that t~ey would be restrictive. t City Attorney Stuller stated that it bothered her that ~he term "k~tchen facilities II had been expanded into a restaurant, which would. give this a very .public and high profile character. Dining hall and kitchen facilites have a much more limited use; group feeding~ etc., was the intention of the 'definition. City AttorneY,Stuller said this problem of definition was brOUght on by the applicant's broad interpretation of the wording in the code. City Attorney Stuller said she did not think the City . should compromise the land use consider~tions to accomnlodate the liquor license requirements. Moran said he felt this definition was meant for a recreational club, the type of golf or tennis recreational club. [I I I I I I Stuller read the uses and said she envisioned large groups of people, sports activities;: getting fed along with their acti.vities. Her interpretation was not a priva~e bar I: and restaurant. Stuller told. the applicant she wanted the ,problem of definition an4 ) the liquor license to remain the pr,oblems of the applicants for them to resolve. il 11 " " , Planner Kane said he had not anticipated ~his project having a. liquor license but rather being like the Smuggler and Aspen Raquet clubs where people could bring bottles of wine and the kitch0n facili~ics were very low profile. KRne stated the idea of a three-way liqu.or liccns0 ,,"'as bcyo"nd the scope of anything the pl<J.nning office had discussed for this project. !-loran asked what condition!'> Kane wus talking about that the planning of~ice would attach to the RR zoni.ng. Kane answered the planning office' would not encourage a thn.'c-w.:lY liquor licC'HsL' for thi.~~ project. K.U1C' confirmed thttt". the Council and pL:lIlninq off.i.ce .V:<.l~; hilv.in\j a pruidl~l\\ l"I.'concililllj C'vcrytllin(J L!l;'lt is going to be iJlvQlvL~J. in this site; Kulle ~)t;.\tc~d he did not: hav(~ a problem with zoning the site RR. t-toran a~;k('d wildt tht~ tel Hi "fh'cJ:eation club" mc.'iHl:', this is a condition, u~;(' in the RR 7.011('. Mor<:ln il:;kcd if: "u'(',f."e..ltiofhlJ cluh" mc'ant Whilt Ul(" i1pplicunt hold ctlvi:;ioncd this ,facili.ty ~l:';, 01- if Uj('! COllllCil hdd al1()th~'l: ucfinilioll in mind." K':lJjc. ~;<l.i.d h(' felt "rL'cu";lLiolhl.l (~lub"~;I\(Hlld b(~ it plncf' whur'.e nh.~mJj(~r.-:; meL't, bt-i.ng their O\vn li.quor and pL'l:hilpS, m(~als could b(~ l'r('p,ln"d its we'll. !I \r ,I I ....... $," ~ , 1""\ ^ 185. Special Meeting Aspen City Council September 11, ,1975 cou~~~~~~~ Parry said he envisioned th'i~'''~::';~~-l~~~'~:~':~-U:'~~d fac:~~~~:'~=-::ni~'~"1i rooms; not as a YMCA camp. The Council was having trouble determining which facility I they wanted. Mayor Standley asked Fritz Benedict how many square feet were, in his house.. Benedict answered about 4,000 square feet. Calahan told Council he did not think this would be like typical country clubs where there is a lot of social activity. Andy Hecht told Council that maybe when this project comes 'in for a liquor license, the Council will find they cannot grant one. The applicant is asking, the Council to accept a recreational club as outlined as a permitted use in the RRzon~. Councilwoman Johnston agreed with Councilman Parry and stated she felt -it was nice for people to have a club if they want that kind of experience. City Attorney ,Stuller told 'Council her constraint was looking: ,at the definition of"recreatio~al club" in the .code and reconcile that with the Rural Residential zoning district. "Recreational club't as outlined in the code, . "A building devoted to public~se i,ncluding such facilities as ~olf clubs, swimming pool clubhouse, tennis clubhouse, playground and play field activity centers, or clubhouses and may include kitchen facilities, assembly halls, meeting rooms and locker tacilities. II City Attorney. Stuller .pointed out that def5.nition ha,s a totally different tone that a leisurely luxury 'club. Mayor Standley disagreed and noted that golf country clubs are located in rural areas', not commercial areas. The RR zone i~ compatible with a gqlf Club-type facility. Mayor Standley also stated that bar and restaurant is a very logical element in any- type club. City Attorney Stuller read the Rural Residential zone definition and told Council that "recreational club" was a condi tional use and would have to, receive P & Z approval. calahan told Council they planned to operate on a twelvemonth 'basis and were looking for local support. Mqran told Council that the applicants were attempting to tell Council as much about their contemplation of this facility right at the beginning to avoid setbacks later~ Mayor Standley said that .if Calahan did not dedicate the road, to the City and the.City ~id not acc~pt the road,.it is not il~egalto isolate the liquor license by not giving public apcess. Mayor Standley said the City can'le~ve the burden of proof On t.!:1e applicant ,tha't they have restric:ted this facility to members before the Council would grant a liquor license.. Councilwoman, Pedersen stated she did not want to define bar-use at this .time and would not favor any such definition. If the applicant wants a private club, people can have their own locker for liquor. Hecht said that was fine, the applicant just wants to know what the use is, that food is okay; liquor is okay.. Councilwoman Pedersen stated that if this facility were to be a clubhouse for members, fine; but if it were to be a cOlI}Irlercial venture,' she obj ected strong,ly. for conceptual sUbdivision'L 34 units; 20 townhouses, :1 acre site. The. applicant i The planning offic~ Kane reviewed this project, telling Council this was a proposal The applicants have sought recognition of the ,proposed deJJlSity, 10 sing,le family dwellings and 2 duplex units. This is on a 25 also wants recognition of the circulation system of the layout. recommends that the conceptual supdivision be given approval. Councilwoman Johnston mOVed that the conceptual subdivi.siOl!l.cfor Calahan be approved; seconded by Councilwoman Peder$e~~ city Manager Mahoney stated that the difference between private and public is not relevant until the Council knows what the terms are. pri~tte and Public is strictly monetary~ It could be $3,000 to joih or it could be $30: there could be some other form of restriction. All in favor, motion carried. Councilwoman Johnston moved to adjourn the special meeting at 7:45 p.m.; seconded by Councilman Parry. All in favor, motion carried. J! a-He' ).J li;AZ; K~ S. BtSu'ter, City Clerk Regular Meeting Aspen City Council 1975" Ii I! II ,I II II Ii I' II d II I I II II II II h I. September 22, I II ~ I Ii !I .i Mayor Standley called the'meeting to order at 5:09 p.m. wittfi: Councilmembers Bchre~dt, Johnston, Parry, Wishart, City.Manager Mahoney and 9i~y Atttmrncy Stuller present. MINUTES Councilman Wishurt moved to approve the minutes of Council rncet:ingsi sccond(~d by Councilman Behrendt. counci.lwonlun Pedersen cymc into Council Chambers. August J5)und September 8, 1975, All in .D_41vor, motion ca.rried. ., I' If I' Ii II I!, i I ACc;Q~~"~_'!~.J~~~~_ Councj Iman Behrendt moved to approve the accounts puyableffiDr Septcmberiseconacd by Councilman Parry. COlltlc:-ilwOllliln .Johnston qucGtioncd the $6,000 ,cxpenditun.~ Jar Colorado Division of High- ways. Hayor Standley ~iaid that. was the C.ityl~ slHlxe, for tlm ll.:l.lpcrin study, .and is an :cncUmbr<:111C'l~, has not yet been spent. Councilwom.:m ,lohmt!ort ulso quc.Gtioned the golf cour~;c construction under land imprOVCIH(~nt instead of .rccrc.:ation. M':lyor Standley an:.~wer('cl that the golf cours6 was Loughtout of six.th pen~ilnd the improvements were under sixth penny. ' All inf~vor, motion carried. Meeting 'I' " I! 'I II i' II " ", ''''.~,:d ), " Ii " " 'I II Councilman' Parry said he envisioned this as rOOmSiJlot asCl YMCA camp. The Council was they wan t€;d. Mayor Standley asked Pritz Benedict how ma~y square feet were in his house~ Benedict answered about 4,000 square, feet. Calahan tqld Council he did not think. this wou.ld be like, typical country clubs' where there: "is a lot of;'soc;ial ,activity. Andy'Hecht told Council that maybe when' this project:. comes in for a liquor license, the Council will find they cannot grant one. The applicant"iscasking the Council to accept a recreational club as outlined as a permitted use in"',the RR zone~ . . .. . , , a' really nice facility, nice dining having trouble determining which faCility ii " I I '...... .-........ .,.... ". c. .:'.... .' ..... .'-.' . ..,:.. ............... c.' . .... . .. Councilwoman Johnston agreed wi thCouncilman Parryandstated>shefelt it was nice f,or 'people to have a club if they want that kind of experience. CityAt~orneyStuller told Council her constraint was looking at the definition 6f"~ecreational club" in the code and reconcile that with the Rural Residential ,zoning district. . "Recreational club" as outlined in the code, "A building devoted to pUblic use including such facilities as golf clubs, swimming pool cl~bhou~e, tennis clubhouse, playground and 'play field activity centers"or clubhouses and may include kitchen facilities, assembly halls, meeting rooms and locker facilities." City Attornt;y Stuller pointed out that definition has a totally different tone that a leisurely luxury.club. . . Mayor Standley disagreed and noted that golf country clubs are located in rural areas, not commercial areas. The RR zone is compatible with a'golf club-type facility. Mayor Standley also stated that bar and restaurant is a very logical element in any type club. City Attorney Stuller read t-he Rural Residential zone definition and told Council that "recreational club" was a conditional Use and would 'have to receive P & Z approval. I ' f I i I 'I i ~ :1. I 'i i i , t t t ~ Calahan told Council they planned'to operate on a twelve month basis and'werelooking for loca,l support. Moran told.' Council that the applicants were attempting' to tell Council as much about. their contemplation of this facility right at the beginning to avoid setbacks later. Mayor Standley said that if Calahan did not 'dedicate the road to the City and theCi~Y\4id not accept the road, it is not illegal to isolate the liquor license by not giving public access. . Mayqr Standley said the City can leave the burden of proof on the'applicant that they' have restricted ,this facility to members before the Council would. grant a liquor license. Councilwoman Pedersen s'tatedshe did not want to define bar....use at thi's time and would not favor any sucl1defin'itlon. . If the ,applicant 'wants a private club, people can have their own locker for liquor. Hecht said,thatwas fine, the applicant just wants to know what the use is, that foodisokay;,liquqr is okay. Councilwoman Pedersen stated that if this facility were to be a clubhouse for'members, fine; but 'ifit.were to be a commercial venture, sheobject~d strongly. I ! t ! ~ , ~. ~ Kane reviewed this project, telling Council this was a: proposal The applicants have sought recognition of the propo.sed density, ~Osinqle family dwellings and 2 duplex units. This is on a_25 also wants recognltlon Or tnec~rculatlon: system of' 'the' layout~ recornrnendsthat the conceptual subdivision be given approval. for conceptual subdivision,. 34 units; 20 townhouses, f acre slte. The appilcant i The p~anning office v Councilwoman Johnston moved that the conceptual subdivision for Calahan be approved; seconded by Councilwoman Pedersen. City Manager Mahoney stated that relevant until the Council knows monetary. It could be $3,000 to form of restriction. the differencecbetween private and public is not what the terms are. Private and Public is strictly jo~n or it could be $30; there could be some other All in ,favor, motion carriede /, Councilwoman Johnston moved :to adjourn the special meeting at 7:45 p.m.; seconded by Councilman Parry. All in favor, motion ca~ried. .,Ji-L7Z0 S. Hauter, City "J!cur'^< ') Ka~ Clerk I I I 1975" II 1 I 'f Regular Meeting Aspen City Council September 22, Mayor Standley called th~ rneetingto .order~~t 5:09 p.m. with Councilmernbers Behrendt, Johnston, Parry, Wishart, City' ~lanagerMahoney and City Attorney Stuller present a Ii " il Ii II it Ii MINU1'ES 'Councilman Wishart moved to approve the minutes of CO,uncil meetings; seconded by Councilman Behrendt. Councilwoman Pcders~n came into Council Chambers. August 25 and SeptemberS r 19'75, All in favor, motion carried. ACCOUNTS PAYABLE Cotlnci lm,,1'\ H':'hrcndt movecl to approve thcaccountspnyable for September; seconded by t:OLlllCiJ.r.\d,11 P:I":.'r.y,' '::<'; Counei lWO!'I;:1n ,:0hn~;tun qu('s'tJoncd the $1)',000 0.>:,pund.i:tllrc for Colorado-Division of High- W<lYS. t-id'/:'r.. ~,t.'::\TIdl('y- ::~.:l.id:-,thH,t\;;i,\::: thc,CJty':;~:;h.:~ru tnr t.hollalpcroin study, alld if; .:iu:'CrlCUnI;"T .' har: 'not. ,yet b':,:-c'n !j~'/~l\L~,..:L'oun('i,.1womi.ln .John:::;ton'also qUC'stJOlI','u the golf' {,:'OU1:;.... ;,;oflstruct.H.mundL'1:1~lndimpr9v("I1K'tlt irist,c.:lc.loI; t'cC'rc.J.tion. H.,lyor St.Jlldluy answered that,-thcgolf co\).rse.;w<.lS bought out of sixth: penny and, the improvements were under sixth penny. A'li'in favor, carried. ~".{. , ^';x . -i'~\.' . r-, 1""'\'" ':'"" 't :1 '" ,., n. : , l. ';,. Planning Office 9-'1-75 ' ;,; CALLAHAN SUBDIVISION DENSITY CALCULATIONS '''I TOTAL Gross Area Project Less Area of Lots (13) 25.00 acres <~ 6.00 - 8.60 acres (Q @ ~ ~. @ Less Land Under Water (Roaring Fork River area) 16.40 acres .72 acres ."> " ,,', ','. 15.68 acres Less Lake Area north of River 2.00 acres .:'. .13.68 acres 'Less Office and Parking , ",2.00 acres 11 . 68 acres Less Tennis, Squash, etc. 5.00 acres '@'" ... "~', ess 6.68 acres Area north of River-Club House & Parking @ !OT~L AREAFOR ~OWN.HOUSE AL:OCATION "",' ",:" -,:. ". ", ,'" ,;.,,'\'f ',,", 3.22 acres ,~ :,' .. ,~..i~.' t.-~, ,": 3.46 acres r. ()h~ ~ ~ .. 'I. of,> )( '(3$':~ =ii;1?E>} &"5:4 3.46 acres x 43,560 sq. ft. = 150,717.6 sq. ft. at 10,000 sq.ft. per density unit = 15 Townhouse Units ,h, . ./, , :' 1'1 TowHf<is.e ttti,,!, ',,' v"" ''', ";" '. ;\ '~'" '"~~':'-"7i . tr 'Ii' :,{ t, -', - I .~ ~~ i~ j! I! f~;/ "'-../ I i: Ii II j " '.' )i ,i' it l! Ii I II Regular Nceting Aspon City Council September 8 1975 Council reces~ed for fifteen minutes. Mayor Standley was absent from Council Chambers. ORDINANCE #56, SERIES OF 1975 -'Monies from pitkin County to Plann'ing Office ii I: Councilman Behrendt opened the publTchcaring ~ 'l'hcrewere no conuncnts. Councilman Behrendt closed the public henring. Councilwoman Johnstonrnovedto read Ordinance'i56, Ser.les of '1975; .seconded byCbuncil- woman Pedersen. All infavor,.rnotion carried. I I , ! , I I , ! ORDINANCE #56 (Series of 1975) AN ORDINANCE RECOGNIZING RECEIPT OF $111,371.00 FROM PITKIN COUNTY AND FEDERAL GHANT REVENUE IN 1'IIE AMOUNT OF $3,000.00 (HUb 701 FUNDS); AND APPROPRIATING 'rIlE $111,371.00 FOR OPERATION OF THE CITY-COUNTY PLANNING OFFICE, AND 'l'IIE $3,000.00 FOR TIlE HOuSING AND LAND USE INVENTOlW was read by the city clerk. Councilwoman Pedersen rnovedto adapt Ordinance #56, Series of 1975~ ~n second reading; secendedby Councilwoman Johnston. All in favor, ,motion carried. CITY MANAGER Ii " Expiration of building permits. City Manager Mahoney addressed the issue of excavation j holes around' the city:'.,d,th no apparent progress being made. Mahoney told Coullcil he j felt the City needed t,o follo\., Building Inspector Meyring's reccmmendation to encourage i a certain percentage of completion on tho building. Counc,ilrnanParry suggested this i I could be subject to review in case . someone had problems like .weathe'r i shortage of. 1 materials. ' . I Meyrihg reminded Council the way the building code is stated now, a builder has to ~do' some ki.ndef work every 120, days to keep"the building p<;;rmitactive. Councilman Behrendt agreed with Meyring's suggesti.ontouse a percentage, but felt the figure ought to be more substantial than 10 per cent every 120 days. Meyring told Council he had figured that lOper cent every 120 days would take approximately 3~years to complete a building. !;' <i I,;,,' Copncil asked the City Attorney to get with the Building Inspector andd~aft n tightening the building permit expiration date~ Council also indicated they Ij percentage of completion should be higher than 10 per c:ent. " an ordinance felt the Councilwoman Pedersen questioned the barricades around buildings protruding into the streets.. CouncihlOmanpedersen stated these took up parking, spac'es and hindered traffic. Councilwoman Pedersen asked if these barricades could not be addressed in the same' ordinance. Meyr.ing told Council the building code requirestl;1e builder to put up a protective fence and does permit them to use some part ,of' the right-of-way. Councilwoman Pedersen said she would li.keto have a'provision in ,the ordinance when a builder has completed the required percentage, tpey have to take the barricade down or mOve it to the edge of the construction site. City/County Health Officer Report. Robert Nelson reported to Council 'on, the wat,er quality monitoring program. Nelson told Council that COGs program was primarily for water quality, but they were sett.ing aside a certain portion ot: the funds for air quality monitoring in Aspen. The State is going to.provide funds to. purchase a carbon' monoxide analysis for a 24-no9r' a ~ayread ~ut in tne core area of.Aspen. Nelson said with this machine and with the help of the state health department, his office would be ableto~correlate data and develop a working model of the Roaring Fork Valley withrcgard to air quality and the impacts of development and also thei~pacts of the automobile. Nelson told Council that COG i.sfinalizlng their 208 workprog,ram. Planner Bill Kane will also be getting funding under this program to develop long range plans with regard to environmental impact of development. The furidingfor the health department and planning department is a joint project. Request for do1tm zoninq study session.. City ManClger Mahoney told Council that Mayor Standley had directed ,.tl)e administrat.ion ,to correspond to. this issue in memoranQums tethe Council and to come up with a plan.' c..a-rrahanSubdiv~:. pl,anner Bill Kane told Council' this subdivision had' 'receive(j ~ptuaT'approval. .from thcP & Z and. Kane 'would like to set a study ses!".ion for Council to go over this project, anc.l then sc.~t a special meeting to, consider t.he conceptual subdivision. The. study session was set for 'l'uesday, Scpt:-cmber 9 ilt 6: 00 ORDINIINCl': #58, SERIES OF 1975 - Colorado Day a~ Holiday p.m. City A{torney explained.to JCbuncilthis ordinance ch.:ll"lgcd one of. the City's legal hel idays from Veteran I SD':,lY in Nov'crriberto;Colorado"DayinAugust. This would sp~ead . the holidays more evenly.. Cit.y ^ttOrlwy Stullc.r. SU':fgC:"tcd' put"ting office secondrc..:tding of thJ 5 ordinanc<.~so th<11~ Ci.,ty,II::Lll cmploYQC'p would not losh. Veteran I s Day holiday this year. ~ M.:J.yor Standlcycamc.back to'Counc,ilChambc.rs.. 'jl Councilwom;m Johnstonm.ove tdrcad Ordinance #58, Seri.es' of 1975; seconded' byCouncilwonlun PederSl'n. All in favor motion,carried. .!) I ~ ^ , ~ 1 ii RECORD OF PROCEEDINGS 100 Leaves ',"''' ~ ~ , ~.., "'1. . . tr '- ~.. .---..-...-...... -_.._-.-..~.-_..,...._..._--,._-_.__.~-- -----_.,- Special Heeting Planning and Zoning Corr..m:i.ssion September 4, 197~, Meeting re-opened by Chairman Jenkins at Roger Hunt, Pat Dobie and Chick Collins. Kane of the Planning Office. 5:10 p.m. with members Brian Goodheim, Also ,present were Hal Clark and Bill Present for Callahan (Benedict) Subdivision are An~rew Hecht, attorney, Fritz Benedict, Pat Maddaloneand Paul Kutik. Otte arrives. Kane noted that the site was unique but that the issue was density The Planning Office felt that there was an overuse of the land possible and also pointed out that applicant was trying to use land under water that was not permitted by the Zoning Code (Sectio 24-2.6). Planning Office calculated only l5 townhouses permitted instead of the 25 Benedict was asking for. Planning had calculate out of a total of l6.40 acres, it would be min'us .72 for land under water (Roaring Fork River) ; less lake area of 2.00 acres; minus less office and parking 2.00 acres; less tennis, squash, etc less area north of river (clubhouse & parking) 3;22 for a total adjysted area of 3.46 acres for the townhouses. Hecht and his clients felt that they couldn't economically adjust to the reduced density and bargained to remove one townhouse (of four units) plus one single family house and moving another single family lot across the road from the"lake. >:otion Hunt moved to approve the Callahan Subdivision for conceptual Subdivision and preliminary outline development plan conditional upon the elimination of four townhouse units adjacent to the lake and a single family adjacent to the lake and the single family lot moved across the road, that the open area and parking be integrated more positively to become more contiguous, and that the parking imprint on the land peminimized by underground parking. Otte seccnded. All in favor, except for Collins who voted nay. Motion carried. Goodheim moved to adjourn with ilunt seconding. All in favor, meeting adjourned at 7:30 p.m. Susan B. ~rnith, Deputy City Clerk -1- ! . l BENEDICT ASSOCIATES ~RPORATED ~;eptember 4, 1975 CAL~~ DENSITY CALCULATIONS APPLICANT PLANNING OFFICE Balance Assigned Acres Acres Acres Acres Total Gross Area 25.000 Ac Less Lake (2.010) 2.00 Less River ( .720) ,.72 Less Office & Parking (1. 678) 2.00* Less Tennis, Squash (5.264 ) 5.00 l5. 328 Future Benedict Residence 2.223 Required for Lots 15,000$ x 13 ~ 195,000~ 4.476 (6.699) 8.60 8.629 Alternate Clubhouse (1. 560) 3.22 7.069 Required for Townhouses lO,OOO~ x 27 ~ 270,000$ (6.l98) 3.46 .87l* =' 25.00 Ac ~ PM:gg Planning Office 9-2-75 ~ ,,,,,,",, CALLAHAN SUBDIVISION DENSITY CALCULATIONS TOTAL Gross Area Project Less Area of Lots (13 25.00 acres 8.60 acres Less Land Under Water (Roaring Fork River area) -..:.l1 acres 16.40 acres 15.68 acres Less Lake Area north of River 2.00 acres 13.68 acres Less Offi ceand Parking 2.00 acres 11 .68 acres Less Tennis, Squash, etc. 5.00 acres 6.68 acres L,ess Area north of River-Club House & Parking 3.22 acres TOTAL AREA FOR TOWNHOUSE ALLOCATION ----------------- 3.46 acres 3.46 acres x 43,560 sq.ft. = 150,717.6 sq.ft. at 10,000 sq.ft. per density unit = 15 Townhouse Units .e,,,(, ._.,~.. CALLAHAN LQcation: Program: Access: \'later: Sewer: 1"""'-. ,,,-., August 28, 1975 SU~~RY FOR CONCEPTUAL SUBDIVISION AND OUTLINE FOR DEVELOPMENT PUD The proposed project is located in Riverside Placer (18.66 acres) in the City of Aspen, Petition for annexation of an additional 6.33 acres was filed with City Council on July 7, 1975. Total acreage in this application would be 25 acres. Original Application 12 Single Family Lots 5 Duplex Lots 36 Townhouses 4 Employee Units 1 Residence and Guest House Clubhouse (existing Benedict House) Amended Application 11 Single Family Lots 1 Duplex Lot 27 Townhouses To be determined by P & z Clubhouse ( ,f ('.{d)r'Alc~;/WD (., /fesT lH'foSe C; 2 'f<;:f4( Recreation Facilities 2 Indoor Tennis Courts 8 Outdoor Tennis Courts I Swimming Pool, Indoor-Outdoor Saunda, Dressing Rooms ~,d Support Facilities. Recreation Facilities 2 Indoor Tennis Courts 8 Outdoor Tennis Courts I Swimming Pool, Indoor-Outdoor Sauna, Dressing Rooms and Support Facilities. Directly from Highway 82. Internal circulation would be on one- way roads. City water available from eight inch main, which loops through property. Property is within the Metro Sanitation District; existing mains border tract. Electricity: Holy Cross serves this area with distribution line of 14.4 KV single phase on the property. Three phase is located immediately adjacent along Highway 82. Phasing: It is anticipated that the conStruction will be phased over a three- to five-year period. - ~, 1"""'\ Summary for Concept~ 'Subdivision August 28, 1975 Page two 1""'\. Intent: I strongly believe that this plan expresses a development that is in harmony with the character of the land as well as compatible with the neighborhood. The single family lots on the northern boundaries buffer the houses in the existing Riverside Subdivision, with a lower density than that now prevailing in the Riverside area. The heavy tree cover will provide privacy for the individual owners and will also screen the development from Riverside Drive and Highway 82. The townhouse area is bordered on the north by the lake and on the south by the river. Siting towards the south will take advantage of passive solar heat and the view of Independence. Most of the insulated glass areas will be concentrated on the south side. Common walls will conserve fuel. The clubhouse faces the river, with recreation facilities on the opposite bank. It is intended with this plan to change the view of the lake from Highway 82 and from the bike path as little as possible. Because of existing tre,es, buildings on the plan should be screened from this view. An integral part of this particular plan, is a scenic walking and bicycle path, accessible to the public from Ute Avenue and Highway 82, with views of lake and river and providing an important link in the commuter trail system, connecting the City with areas east of town, much of Riverside, Aspen Grove, Mountain Valley, etc. ?~~ Fredric A. Benedict ;gg , ~ ~ ASPEN/PITKIN PLANNING DEPARTMENT 130 South Galena Street Aspen, Colorado 81611 MEMORANDUM TO: Aspen Planning & Zoning Commission FROM: Planning Staff (HC) RE: Callahan Subdivision (Benedict) DATE: August 28, 1975 This is a request for Conceptual Subdivision and Outline Development Plan approval for theCaHahan Subdivision consisting of 25 acres of land. A site inspection of the property is scheduled for 5:00 P.M. leaving from City Hall. On return from the site, further!discu5sion of ,the project wi th the appl i cant will continue . At the recommendation ,of the Planning and Zoning Commission at your July 15, 1975 meeti ng, the pl ann; ng offi ce has met with the app 1 i cant on numerous occasions to discuss this project. ~1any design changes to the proposal have occured. As of the Wednesday, 5:00 P.M. agenda deadline" nO,revised drawings of the plil,n have been submitted to the Planning Office. We understand (hese revisions will be presented by the applicant at ,the Planning and Zoning meeting. The general comments Of the Planning Office at this time are as follows: 1. Beneqict has applied to Council for annexation of the, two parcel s, thus we mayproceed to review the application. 2. No offi cia 1 determi na ti on has been made by the Ci ty Attorney as to lega 1 i ty of recreati on c1 ub in R-15 zone. It appears to be acceptable as part of a PUD project. 3. The present Benedict Office Building is a non-conform- ing use and as such it is difficult to apportion proper land requirements for such use. . .^ ,- MEMORANDUM Callahan Subdivision August 28, 1975 Page Two 4. The tennis facilities constitute a major traffic generatorwhi cll affects pe,ak summer traffi c im- pacts in the area. This impact is difficult to determine as it relates to the ultimate success of the facility. The attractiveness of the physical location and facilities indicates a possible national tennis tournament appeal with resultant traffic congesti on. 5. A new trai 1 al ignment has been pr;oposed by the applicant Which appears to be a feasible alternative to the original location to the west of the property. 6. Road access must be by Hi ghway 82. Co 11 ector service road may be one-way with the concurrance of the City Engineer and Planning Office. 7. The parking area, has been redesigned for less visual impact. We should consider reducing the parki ng requi rements to promote service by bus or limousine transit. 8. The density of the townhouse units should be ad- justed to land area which directly relates to the townhouses excluding the private subdivided lots, the tennis facilities and office buildings. ~--_.._..-. ., ~. .1""'\ I:""' I:""' 1; I:""' :0 (l> v (l> 0 0 (l> '" '" '" t-t n "" '" rt '" rt \D ..... ::>" ::>" rt Vl .... .... ....' (\) ...... ...... 0 0 "" N N H; ::> CO 0 0 >oj I H; H; ....' N "" a- >oj >oj (l> I ..... ..... >oj ...., "" "" '" (l> (l> >oj >oj :0 :0 :0 :0 , , , , :0 :0 .... .... '" '" .... ...., ~ ID ...., "" N N .... ~ ;.0- n '-. N "" N ...., CO , ~ ...., N .... ~ .... o '" ...., '" '" ...., -6 , .... CO a- a- '" N CO N ID ~ ~ .... '" co '" "" (JI-'.;:t> ~'::S'n rt t-t '< (l> '" '" a- o "" ~ '" a- o "" ~ ?;S~ ::> >oj <ti cr' (tI X (l> '" (\) "" .... 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" '" rt '" ..... '" VI '" 0.. . 0 ..,. -a 0 '" 0 0 0 -a -a H, '" c .... ..... 0.. .... ::l Oq .... ..... j~ 0- CO ..... ..... 0 0 0 0 Z 0 C't '" '" "'n !lJ '" "" ..... <I> ..... '" ::l::l" ~ '" I-j ~ <I> " t:l " o ~ ri)'(fl .... >-lC't ::l",< I-j <I>n " 0 " '0 C M '" C't .... o ::l VI -~- - ~ F7.z 0~ /f'l~~- August 19, 1975 Ms. Pat Maddalone clo Benedict & Associates P. o. Box 40 ' ASpen, Colorado 81611 , Re: Callahan Annexation near Pat: We are postponing introduction of an ordinance to effectuate the annexations needed to finalize the Callahan Subdivision inaSllluch as (as evidenced by the City Council's reaction last time) annexation appX'ovalseems to hinge on the acceptabiU.ty of the subdivision appX'oval. If you would like us to proceed in advance of sub- division review, please so advise. othe;r:wise,:1 will wait until the P & Z minutes reflect same consensus on the acceptability of youX' proposal befoX'e I intX'oduce yom: annexation ordinance for first reading. 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RE: AUGUST 5, 1975 MEETING W/FRITZ BENEDICT DATE: Fritz met with me last week on his property near the Gant Condos. Previous to this, Fritz, Stacy and I had discussed possibilities of this site. Fritz had some wild schemes including tennis courts and a lot of other peripheral developments. At the time, I asked him if he could provide simple lots in the 25,000 to $35,000 category for locals without all the , crap. I think he's been able to do so on this site and remain within his zoning restrictions. There are lots within the $25,000 to $35,000 price range. Some of them would be duplexes which would further reduce the entry costs. Additionally, he has approximately eight courtyard sites which could go for $15,000 land cost. The court complexes could be regulated by the County Housing Director to insure some employee housing. The rest could be sold and added to our supply of family employment. Hopefully, this project will interest you. ccg ,~ , "".. i .~ RECORD OF PROCEEDINGS 100 Leaves .:eau1ar ~leetin'a ..;:;;.~~~';"'.._~:':"~-~,'-:.!.,_..-~~!.----_._---,----- July l5, 1975 .... ,......... "....................... ----..--..--.-.,--..- -, ..- -".-'- Planning and Zoning Commission 3/40, cont'd problem is not severe. Mojo also noted that applicant docs have a parking lot but has agreed to convey it to the condominiums below. Mojo asked that if approv~l is given, three provisions be included: ,l) transfer to the Durant Condominiums the parking 'lot in fee simple: 2) .there be a trail easement dedication; 3) that applicant be the ultimate developer on the lot. Hibberd noted that he has an emergency access but it is closed off during the winter. It is a 40% slope but the ground is st3ble and he has had Chin and Associates investigate to make sure. Jenkins asked Ellis to co::unent but Ellis said he had not seen the property but engineering-wise he felt it Was possible to build on t.he slope. Abbott. asked how the volunteer fire department felt about it and Hibberd said that Chief Clapper felt it ,,,ouldn' t be any harder than getting to the 5th Avenue' s. Mojo said th"t ,,'ha t. they had to look at was: sufficient water pressure, were there 3deCJc:ate roads for fire, road, maintenance, etc. Mojo said they probably should get some imput from the Fire Marshall on that. Also they should look at suitability of ground (mud flows, avalanche potential), Watershed problems and accessibility. Jenkins said that they had done an on-site inspection before and feelings had been at the time th3t it WaS too steep. Hibberd said that they .....ould h.'1ve exits on all l('~vC'l~:; \,:i'th ad(;>qU~ltc~ \.o,',lter access to the house. !It). noted that hI;> h.HI 'l.h-,'~':1 cut r),lc:k by th,.~ zoning code 3nd at 16 units, Chief CIa,'p,>': ;1.:1<: s:tiel it. wouI,,,,'t bca 'probler:1. Goodhcim was conc0rned C)v(~r th..)' sno'...; pr()vidc~d !~ot" 'skis'and Hibberd noted that the road would bt~ on l~lC nor~h si~c where there would be a buildup of snow. :::>tion .spen Savings _::>an Lion ._:~~ v Hunt moved to approve the review condition(ll that soil eras inn and vegetation replacement be restored to t!10 pr(~scntor b0t:t(~r condition, the property that is a parkinq lot b..' 'liven t.n th,' Durant Condominiums in fee simple, trail. easc':':"'.(~nt (If'dietition bL~ given, this be the ultimate development on the' pL'op,~rty anc! no impediments on the ski trail. Collins seconded. All in favor, except for Abbott, who voted nay. Motion carried. &Rane reminded members that at last meeting they had discussed the appropriateness of a Savings and Loan as a permitted use in t.he comlnercial zone. Since then they have received a lett.er from Dick Heeker wi thdrawing the. request to have " dl' i ve up wi nc!m'l. Jenkins explained that they. did approve Heal Es.t3te offices a,; pCl.mittcd but left S &L's as condit:ioIL,ll. O-offic(' d,.<~iqn'd iO:1 does permit Real Estate offices by right but S & L is conditinna1 and they havc' t.o be revic""cd by P & 7.. Till:; i:; :Jl:-,o for C():)c.>')Lu,,] subdivisiori. Goodheimaskcd if. this "'ould be i1 c'ondo::linil..l::l u;-:'it also \<li-th K~lnC' roply inq in the a ff irm.:1 tive. ..Jenk.i n~) ~-;'..l i d t:l,l t; th"eir hesit"ti()l) W(lS wiLh Cjc:1Crating morealltOl; int.o the core "1'>.'(1 but they had either been zoned 01' mal1ed out of nh'''~ 'll'e''''. 1'~"1\'> noted that ~heir n\:tjor objccLion !wd been the full :;",'\'i("(' ";th it more retail -in char.:l,cter but \o.'it~\ t.ht:-ir withdr.lv.';l'l of th(' rf'n\:('~;t for t!)(-. driv(~ up "'indo',..', thv i'],:tnninq ()~fjc\.' '\,0,;,1:; :<It i~'~ i.'<::. . Hunt r:o\'C'd to ..rc....cor".:;l(.%Hl to COllnci 1'" th,"lt tht.,/ (::',1r:t t~~'.''':':l :. '\'.": ".': ill)(l LO.:Jn concc'pti1al !all)divif~ion "lndt.hat the P (. i~ ~p:.....H\t con(.~iti()n" al use for them. Go()(Hv'.im scco%1:d,-'c.l. l\ll in favo}", mot ion C~\rri.l'<1. Architects Fritz Benedict and Pat ~l<,ddalone rt'prescntcd the rC<)lIcGt. ,(aile noted th(lt thi!> Wa5 for Outline Devcloj"llent Plan and conceptual suhdivif~ion. Kane said i.t would bl' il mi xf'd ll~',('> 011 the Henedict property. Killle felt it in(lppropl'ialc for the p f, Z to di!;ClllOS unt.il the two propertien who:;e illlllt'xatioll l",ti,- tion!) had bee'n ~.lllJ:nitt-f'd to Council., Wl"r(~ il(.C('~lt"{1 by ('()l.lne) 1. Lnr;j:. niqht'!jCoutlcil h,Jd t.:.thlcdtht" pptition~; )H'(~,-Hl~;(' no nIlI' h.,HI . > ' been there to represpntlhe pro)(~ct. Kanp ill no 1,-('1 ;\t,'(l t h,"l t t h~'" it -3- . ,. ! ,. /' ,-., :::allahan, J . ,";.;,<~ .....- -.' . -.'. ...; ""'1otion _:aarendon j cont'd Mayor had felt anne~ation for recreational purposes was not legitimate. Pat Naddalone explained that City Attorney Stuller ,'had said that theY... wouldn' tneed to be there since' it would be just a matter of Council accepting the petitions. Mojo showed the area which would encompass the ,east end of town and Riverside subdivision - next to Van Horn. It is zoned R-l5 m<>ndatory PUD. Benedict noted that he, and Fred Larkin owned the land that is next. to BUI land and near Shimer's . property . He presently has an office and a house on the' north side of the river. He said in "order to sell the hOUSe, he would have ,to subdivide since it is on 1.8. acres. Dee Brown had suggested to him to make the open land into a clubhouse with up to 10 tennis courts, several of 'which would be roofed over to the County land next to it with some units around and single family lots. The road would loop around the clubhouse with parking for the tennis players below. There is an existing.foot bridge which would be the entrance to the clubhouse and they would con,trol traffic with one entrance. ,.Ms. Madda1one. said that the annexation proposal is for four 'icres with parking in the county land. They would like to have 12 SF lots, five duplexes (10 units), 36 townhouses (two or three bedroom four employee units and the Benedict house and guest house (SF). Jenkins questioned the density which Kane said was based on 10,000 sq'ft per <:luplex on R-l5 so they coul<:l have a potential 8l units. Maddalone said that they had had excess density before and since Benedict was splitting the land with Larkin which was isolated from Calderwood by the bridge, if they transfer 10 units per acre, these could be u'sed for employee housing to be under the Housing Authority. Benedict said thi'lt Planning had some objection because of'the additional traffic on the highway but he felt it wouldn't be a,problem because the people going to the tennis courts would, be on the west side. Rane noted that he and City 'Attorney S~uller had discussed cornmercialtennis courts in the R-l5 open recreation zone with Ms. Stuller feeling that only tennis courts adjacent to a residential home would be allowed. Maddalone felt that RR allows recreational uses (which half of the property was on)and since council or someOne had changed the property to RR they must be acceptable. Ratte's, point was that the area would be busy and dense for R-15 and it would be generating more cars as 'a commercial area. Benedict objected to. it being termed commercial but Mojo .said that beciluse of the intensity of the courts, they must be planning on it being a money generator. Benedict questioned if they would feDl better if they had less courts? Mojo explained that the objection was to townhouse where p'eop1e would not have '" the open space like the SF lots ,whose owners would have the property in fce simple. Benedict said that they had appr.oved . the Wcdum!Hyman project which was only 2~iacr.es with a slope negating the open space. Rane noted that they had liked the first plan of Benedict's better where there were SF lots around the lake and now he felt that they had gone to the other extreme. Benedict wanted a higher density and ,,'auld like to inc:t.ude: swinuning for such areas as Aspen Alps. Jcn}:ins summarized that they had two pr"blems: commercial operations which technicallY arc okay in the zoning buL will be a traffic generator. He questioned whether the road could handle it and if it c0uldn't is the design or . volume in keeping with the code? Hunt felt that the parking area footprint was huge but Understood that the code requires 300 sq ft. per car.. Je.nkins felt that the plans showed poor graphics and it '~as difficult to ev,~luate. the impact.. Collins moved to table the project for two weeks and Benedict was t.o work with Kane on the problems brought up at this meeting. Hunt sccond",d. 1111 in, favor, mot.ion carried. Kane questioned whether they wouldn't want to table the project and put it on the top of the a'genda for t.he' next meeting? Rick f'errell, ,representative for the project, noted t.h;., t they had voluntilrily chilng,cel their presentation on the agenel" untilt.hc encl to allow for the [;maller projects to go through faster and asked that they be ..1)o",'c<1 to givt., the presentati.on. ,Tenl,; 'IS . :ruled that.' they wonld ,allow 10 minute/< since the m,~eting Wil!; late. ....~ f'crrQll noted that they had been changed ,24 t.o lG units because of the new code. as under the old Clar.cndon and was zoned on their density from It wac tile same Aite H-6 with mandatory PUD. -4- , ,....... ^ , "2 "c;,' C TY'Q[E' . "'i"," : t' '\ ,', ' '. ' ~. : I ,',.; :,', ':<'i'\C~:S PEN ~;::,;: '.;:'.~""'::':!~'" '''.~: ."."..:~,:. . as en cfj,lji'a''Bu'jh6l1 box v p .~, ,: ~;:::",~':'~""~ ',>:'", ,:''': \"':~ ;..;:,:....,...:~: . , . " ,. . .' 'T...'f MEMORANDUM TO: Aspen Planning and Zoning Commission FROM: Planning Staff RE: Callahan Subdivision DATE: July 10, 1975 This is a request by Fritz Benedict for conceptual subdivision review and outline development plan approval for the Callahan Subdivision consisting of 64 dwelling units (12 single-family lots, five duplexes, 36 townhouses, four employee units and a new Benedict residence and gUest house), and in addition, two indoor tennis courts, eight outdoor tennis courts, two squash and two handball courts, indoor-outdoor swimming pool, and clubhouse facilities. The project is zoned R-l5, Mandatory PUD except for 2+ acres south of the river zQned RR. The land proposed to be annexed to the city will be zoned R-15 at the homesite and RR at the sport facility. The comments of the planning office are as follows: 1. The Rural Residential zone requires two acres per homesite and should be so designated. The intent of the R-15 zone is for residential purposes. A commercial tennis club is not an allowed use in the R-15 zone. Tennis courts as an accessory part of a private residential develop- ment would be permitted. 2. The zoning allows 8l+ dwelling units on the property (two acre lake and river areas not included in this calculation). 3. The single-family lots are less than the required 15,000 square feet and should be restricted to single-family lots only and part of the PUD. 4. Access to the tennis courts on the south side of the river must not be allowed via Ute Avenue. Practically speaking, it will be difficult to enforce limits to access from the clubhouse area only. In this respect it is important to determine the projected use of the Benedict Office building and its accessory parking spaces. ARCHITECTS PLANNERS ENGINEERS J BOX 40 ASPEN 81611 COLORADO (303) 925-3481 .. . BENEDICT ASSOCIATES INCORPORATED., ""'" ^ July 8, 1975 CALLAHAN SUBDIVISION STATISTICS Location ,Acreage North R-15 South R-R Present City l5.748 2.916 Proposed Annexation: North 11.45" ~JL South R-R 2.223 4.113 Total Acreage Detail: Present City Land: North R-15 Less lake 15.748 Ac (2.010) 13.738 685,982 S.F. 10,000 S.F. per unit = South R-R 2.916 Ac 127,020 S.F. f 87,120 S.F. per unit = Proposed Annexation: North R-l5 2.223 Ac 96,833 S.F. 10,000 S.F. per unit = South R-R 4.113 Ac 179,162 S.F. 87,120 S.F. per unit = II l8.664 / 6.336 25.000 Ac Density 68.5 Units 1.5 Units 70.0 Units ~ U""l) 9 S I1Ilits 2.0 Units l1. 5 Units 81.5 Units 68.5 Units 1.S Units 9.5 Units 2.0 Units '~ 81. 5 Un it ~ (.0 );;i;'. "t"~";~ ", , " I f""', .~ i ! . ' RECOROOF PROCEEDINGS 100 Leaves Regular Heeting :...~::'._~-':':',-=-.~.'::':.::'!....-'..~.~,,~!.___.._______._.,._____.._._'__;';"'_'_""'__'_ _____,___,.... h___"'_,_ , - July 1, 1975 Motion J I.lotion Notion " :::=:...:,=.:..=----------.-.---..-- Aspen Planning and Zoning Hunt moved that real estate office be included in the permitte use of 0 Office Zone, Seconded by .Jenkins. All in favor, motion carried. The third issue ,which is thc conditional use of the Aspen Savings and Loan was discussed. Kane said, that the philosophy of the b Office zone was that there r.;hould be of'f street parkincl and it is broadly long term parking. Office space has one hour or maybe two hour parking whicl1 attract.s cars to park therefore it is low key low illt.(,nsity automobi le turnover u~e. Kane felt that a drive up window invites traffice and may' cars And that \:'ith a drive up window people would be taking their cars to the institution just for that reason, therefore cre,ati. more cars in the downtown area. If the' building has access by parking outside and walking inside then people think differently about the way they organize their trip and \oJill spend the day downtO\oJn. A drivc up fac{lit.y would not encour- age t1wt,' . Mojo felt. 'that if ;,spen Savings and Loan turhed into a full scale commercial institution, like it might have the ability to do, people could have their savings and checking account in one plAce and may pullbusine5s away from th0con~ercinl . bunks and the CUBtOH\Cr would then have to use Uw ,.;i neIo,.; maybe for lO minutes ill a time. Pat: Dalrymple;, reprC",,,'r-ti'n9 Aspen Savings and Loan, said th"t if the Planning and Zoning felt that the <Ire" already is "n automobile oriented ill'Cil; Jcnki n5 said that they don' t want the problem compound(:d. J"enkins made il moti.on to approve the conditonal use of Savi1\Cjs and Loan in the 0 Office Di 1; tr iet in the partieu ];n-SClV in') :'; and Loan District but that they do not inclulle or exclude the drive up fi1eility and include in the pad,ing requirements the specified zoning parking rc.quir(>I:H.tns for the use in tl.lca..r,cu. Hunt said t,hilt he didn't like the ide.a of cOI:]!,l'?!.,]y shutting theIn out; if the Comndfisi.on (h~(;Jd(~f: only p.-,r'k.iJl,:l lht'il in tile'! future tli"t will ,;hul. out the posldbJit.y of the:" vv,'r h"",ing a drive up \oJindow. J.lojo l'U','1)9vsted thilt if the Co;;ulIis,oion votes down the cond Lioll.:1l use of the bu i J,ll ng t I'd t. A,;p..:n Savin<js and LO':ln could come }Jilck ~ltld prc:-;l;l1L anol her ilrJoLll('l.- dc~d.C:Jn of the buiJdin~1 and COInQ L)i"1ck fot" itlloth(.l," coudtiOB;t] usc~. Ott:c sUCjgflsted th(lt~;.illCe, the PldTlldn'J <.10<.1 Zoni llC) I1,H1 tv:" VdC(HIC.ic~J that this bctCilbled since Lhey Vle're' tit.'d pr<.~tt:.y much on the decision. Dobie made <I motion to t.:1ble until tIle two vac~nci0n wcr~ in ravor; Hunt w<lsopposcd. the Aspen Savings alld Loan fi 11<;g,' seconded by lIunt. Ilotion Carried: projcc: All Pilt Hilddalonc originCllly requ"I'ted th:tt the Callah.lIl Subdivil,;i' be put on the- ilg"nd" for offieLd COI'C('[,tuill Subdi",i:;jon con- sider~ltion.. It wd~:-;nttpo:';Bibl(~ bccalH.;e there a't~('porti()n!~ tbat ilrein the county; therefore, before any action is tdkell the entire areil h<11; to bcl')ng to t.he City until thep,.tition for 'anncxlltion hilS been initiaLed. Frit.z Deneclict prcB('ntcd the Callah.:1n 'Subdivision ilnd st.:1t"d thilt ill1 the' ]a)1~1 they arc ,intel:cstecl in \".". included in the project. ''j"h" 7.oninq is' R-15,' 1\-5 anti H-20. H(~ introduc"d I.ec~ Brown ".ho I,.,,; >'''''<l."::1 ed t.o Ilelledict th,; PO!;" ibili ty of lu;in9the IttlHI for tf'IHlis court::;, h':llHHxlll, ~;qudt:,h, .:\nd Btedm~kith ~:l1u"'/l;!r:.;. Urown \>,'c)uJ.....l lj ke to fi(~e tIll} f..l\'-=il,i ty U[';('(] ,I' .. <If; a fiin<.J{e type facility bUt st.i II h"ve it opell'to the public - 3- I l . , . 1 "'"""Aspen Planning and'Zonin~/1/75 " Callahan subdivision Cont'd J Kane said that the County hasn't had a chance to investigate the land toothroughlyand felt that the zones ,,'hich need consideration for right of way wouldn't be much of a prob1c>m; however, there may be sonte objection that being thC'rc may have to be an offici<'ll e'lsement and there m<:lY not b<' enough room within ,existing right of way for the street to do it. J\arw also said that the ueuicat:ion for slll,<)ivision would not: at all be cr'edi ted. by this l<:lnd; so in' theory the requirvment for the contribution of this land for park land would come from the dedication fee or land. Mojo suggested th<:lt they go through outline development plan<:lnd conceptual subdivisiol at the sa.me time. The Preliminary subdivision starts getting down to particulars and v.ery technical. The outline dcvelop- mentplan is not as technical as preliminary but more techni- cal than ,conceputal. The final subdivision is handled ,.,ith the Cou.ncil. After they go through the pre,liminary subdivisi( procC'E\s, t.hcn they sub:nit 'tIle final plan to ellCJineering and the planning office and they wiJl approve the plan which is then sent to Council for final official ap]Jrov<.ll. Hunt mOVed to adj ourn the meeting, seconded by Dobi e. Mo(,till( adjourned at 7:00 p.m. " 1 - . 11 -.l / ' , ( ). .,~ 1.~...L.tL_.,[.J..:.._",,-:.._ ..._______..,.._ Elizd,l.jetb I.!; Klym, l/cl'ul.y City Clerk .U .~ -4- ( ( . i / , ! ~ ...-, ,- - SECTION W.L. CONSTRUCTION SPECIFICATIONS AND DETAILS FOR INSTALLATION OF WATER LINES AND APPURTENANCES ,- - 0.00 DESCRIPTION. This Work shall consist of excavation, disposal and compaction of all material encountered within the 1 imits of the Work and necessary for the excavation and backfilling of all water 1ine trenches. The Work shall include the excavation and backfill of whatever substances are encountered to the depths called for in the section, Technical Special Provisions, or.as modified in the field by the Engineer. This specification shall include installation of water lines, thrust blocking, valves and other appurtenances including the furnishing of all materials, the excavation and backfill of all trenches, and the cleaning, sterilization and testing of the ~ompleted installation. F"'- ,... - - 0.01 GENERAL. Un 1 ess otherwi se i ndi ca ted on the drawi ngs, a 11 ex- cavation shall be made by open cut. Trenches shall be properly main- tained throughout construction and be kept free of water. Areas of work shall be appropriately barricaded or marked with suitable warn- ing signs and signals to insure public safety, which is the responsi- bility of the Contractor. Not more than two hundred feet (200') of trench may be opened in one place in advance of the completed work with- out previous written consent of the Engineer. The Contractor must conform to the current "Rules and Regulations Gov- erning Excavation Work" and any revisions thereto of the Industrial Commission of Colorado. ,- ,- - 0.02 OBSTRUCTIONS A,NO INCIDENTAL CONSTRUCTION. l,!here trees, hedges, shrubs and brush wholly within the excavation area are not designated to be protected or saved, the Contractor shall notify the Property Owner concerned not less than ten days before starting work in any area to allow the Owners to accomplish such salvaging as they may desire. Plans reflect approximate type and location of existing utilities at the time they are prepared. The Contractor shall be held wholly res- ponsible for the location and protection of any utilities encountered. - , ,~ - 1.00 MATERIALS. This item covers the types of material that will be required for the construction and installation of water lines within the limits of the work. All materials used shall be new and the best quality available. All material used shall be in accordance with ap- plicable standards of the American National Standards Institute (ANSI), the American Water Works Association (AWWA), the American Standards Association (ASA), and the American Society of Testing and Materials (AST~1) . ,- ,... - ,... /""'", -, SectionW.l. L01 WATER LINE PIPE. Pioe shall be cement lined (in accordance with ANSI-21.4), ductile iron pipe (in accordance with ANSI-A21.51), Class II, with slip-tight joint, mechanical joint, or flanged connection suitable for domestic water service. 1.02 WATER LINE VALVES. Valves shall be AWWA Standard C500, iron body, bronze mounted, non-rising stem, mechanical joint gate valves. The opening direction of valves shall be that specified in the section, "Technical Special Provisions". 1.02.01 Restrained Mechanical Joint Valves. Wherever gate valves six inches (6") or larger are placed at the end of main line or branch line runs, the mechanical joint connections shall be restrained as directed by the Engineer or shown on the nlans. 1.03 WATER LINE FITTINGS. Fittings shall be AWWA Standard CllO, cast iron, Class 240, mechanical joint, tar-coated water line fittings. 1.04 VALVE BOXES. Valve boxes shall be five and one-fourth inches (5 1/4") in diameter, two piece screw'type (sized for specified bury) and provided with securely fitting lid with "HATER" prominently stamped or otherwise permanently marked thereon. 1.05 FIRE HYDRANTS. Fire hydrants shall be "toggle-joint" type pro- vided with a minimum valve size opening of five inches (5"), two two- and one-half inch (2 1/2") hose nozzles and one four-and one-half inch (4 1/2") steamer nozzle, six inch (6") mechanical joint or flange inlet connection, a one and one-half inch (1 1/2") pentagonal National Stand- ard operating nut, and shall conform to all the requirements of AWWA Standard C-502-64. In addition, the depth of bury, direction of ooen- ing, hose nozzle and steamer nozzle threading and color of the fire hy- drant shall be that specified in the section, "Technical Special Pro- visions". Fire hydrants shall be furnished complete with ductile iron line pine and tee, six inch (6") restrained mechanical joint or flanged gate valve, and thrust blocks, as shown on the plans, called for in the soecifications, or as modified by the Engineer. 2.00 WATER LINE INSTALLATION. Trenches for water lines shall be exca- vated along the lines shown on the plans or as modified by the Engineer in the field, and shall be sufficiently deep to provide minimum cover over the pipe as called for in the section, "Technical Special Provi- sions". Trenches shall be excavated at least sixteen inches (16") wider than the external dimensions of the pipe to be laid therein. Wherever the bottom o~ the trench is in rock and cannot be shaped to fit the bottom of the pipe, the rock shall be removed to a depth of not less than four i.nches (4") below the bottom of the pipe and the trench re- filled to required grade with granular earth, fine gravel, or coarse sand, and shall be wetted if necessary, and compacted to form a firm base. Wherever the bottom of the trench is muck, which is saturated soil, organic matter, or any other compressible material that the En- gineer determines to be unsuitable for bearing, this muck shall be re- moved completely and replaced with granular earth, fine gravel, or coarse sand, and shall be wetted if necessary, and compacted to form a firm base. r*' ~, ~. Section W.L. ... - The excavati.on shall be, supported so that it wi.ll be safe and ,that the ground alongside theexcavatton will not slide or settle, and that all existing improvements,either on public .or private property, will be fully protected from damage. A 11 supports shall be removed after construction is ,completed, unless .otherwise directed, and shall be wi thdr.awn in il manner that will prevent caving of the sides of the excavation. All openings caused by the removal of supoorts shall be fi 11 ed wi th su i tab Ie material a.nd sha 11 be properly compacted. Afterexca va t i on. the trench bottom shall be uniformly graded and hand- shaped so that the pipe barrel (exclusive of the joint) will have uni- form and continuous bearing on firm, undisturbed bottom, or thoroughly compacted granular material, throughout the length of the pipe. The trench grade shall permit the pipe spigQt to be accurately centered in the preceding laid pipe joint, without lifting the pipe above the grade. Pipe shall be laid in straight sections except as noted on the plans. Jointing of the pipe shall be made in accordance with the directions of the manufacturer of the pipe and the manufacturer of the coupling. Every open end of the pipe in place in the trench shall be carefully plugged water-tight before being left for the night or for any length of time the construction is suspended. Caution shall be taken at all times to prevent the entrance, of water .into compl eted pipel ine through open ends or in incompleted joints" At any time that it is evident to the Engineer that theContra.ctor is incapable of keeping the pipe free of foreign matter during, installation, the Engineer shall require the Contractor to cover the pipe e.nds with close woven bags until the start of the jointing operation. Concrete thrust blocks shall be prOVided for all tees, elbows, plugs, reducers, valves, fire hydrants and crosses if one or more sides of the cross is plugged. The bearing area of the block shall be at least equal to that stated on the following table, and the minimum weight of each thrust block Shall be one thousand (1,000) pounds. The bear- ing surface shall be against undisturbed earth. The block shall be placed normal to the thrust as shown on the drawings. Concrete for thrust. blocks shall be three thousand (3,000) p.s.i. concrete. - - - - - - ,I"'" .- ... ... Fitting Description TABLE OF MINIMUM THRUST BLOCK BEARING AREAS (values expressed in square feet) Nominal Pipe Size - Inches 6 8 10 12 4 ... I"'" Valves & Fire Hydrants Plug, Tee or Cross 900 Elbow 450 Elbow 22 1/20 Elbow 11 1/40 Elbow Reducers - 12 x 10 x 8 x 6 x As specified 2.0 3.0 3.0 4.5 2.0 2.5 1.5 1.5 1.5 1.5 3.1 5.6 2.7 4.8 2.2 3.8 1.7 on Standard Detail 5.0 7.5 10.0 7.5 10.0 12.0 4.2 6.0 8.0 2.3 4.0 5.0 2.3 4.0 5.0 7.5 8.9 6.3 I"'" I"'" ... "~ Section W.L. After the pipe has been pl aced as pres l'ibedanclhas been approved , the pipe shall be bedded. Suitable ap rovedfint;material, free of frozen or organic material and debris ,andhavi ngno stones greater thana two inch (2") diameter for ,duCtile .ironpipe Or a one inch (1 ") diameter for cast iron pipe shall be used for bedding the pipe. Ma- terial taken from the excavated earth may be used for bedding if ac- ceptable. The bedding shall be compacted inpla.cetO form a firm base to an elevation eight inches (8") above the top of the pipe, and shall be placed and compacted in distinct, separate lifts not to exceed eight inches (8") of loose depth; except that the first ,1 ift shall not be above the top of the pipe. Tamping equipment, such as hand "T" bars, or air or mechanical units, which is capable of thoroughly compa.cting material to 95% maximum dry density may be used; however, particular care must be taken when tamp- ing material is below the pipe flow line: Jetting may be used to provide compaction when prior approval by the Engineer is obtained. Unless otherwise shown on the plans, specified or modified in the field by the Engineer, all backfill above the bedding shall be carefully dumped into the trench, providing the depth to the bedding is no greater than four feet (4'). Care shall be taken during placement to avoid damage to the pipe. If the depth to the bedding is greater than four feet (4'), backfill shall be placed in liftsitogrea.ter than four feet (4'). Compaction of all backfill shall be sufficientt.o support overlying loads wi thout excess i ve settl ement with a compaction density conformi ng to the adjacent undisturbed ground. Where water 1 i nes andlor appurtenances sha 11 be i nsta 11 ed under ex i st- ing bituminous surfaced streets, parking areas or other driveways, all such paving damaged shall be replaced to original or better condition and position in accordance with the reqUirements of the specifications, "Aggregate Base Course and Sub-Base Course", "Hot Bituminous Pavement", and the following requirements: i. the last one foot (1') of trench shall be Base Course material in accordance with the specification, "Aggregate Base Course and Sub-Base Course", and i i. all bitumi nous surfaci ng shall be replaced wi th as many one and one-half inch (1 1/2") surface courses as required to match the existing surface. Un 1 ess otherwi Se di rected, all trenches shall be backfill ed and all damaged bituminous surfacing shall be repaved immediately fOllowing installation of the water lines. No bou 1 del'S over six inches (6") in diameter s ha 11 be a 11 owed in the top twelve inches (12") of the trench. No backfill material shall have boulders greater than twenty-four inches (24") in diameter. Boulders greater than eight i ches (8") in diameter shall be carefully lowered into the trench unti the backfill ,is, at least four feet (4') over the top of the pipe. i I 1"""'\ ~, Section W.L. ~ - 2.01 WATER STRUCTURES. Concrete construction shall conform to the re- qui rements for structural concrete. ~lasonrY shall conform to the requi re- ments for the respective type. Pipe sections shall be flush on the in- side of the structure wall and project outside sufficiently for proper connection with the next pipe section. t1asonry shall fit neatly and tightly around the pipe. 2.02 PROTECTION OF vJATER SUPPLIES. Water lines shall be located a mini- mum of ten feet (101) horizontally from existing or proposed seWer mains. Wherever the sewer line crosses above or within eighteen inches (18") beneath the water mains, the sewer line shall be made impervious by either of the two methods 1 isted below: - - ~ - (1) One length of cast iron water pipe twenty feet long shall be used for sewer pipe and centered over the water main. The joints between the sewer pipe and the cast iron pipe shall be encased in a concrete collar at least six inches (6") on either side of the joint. (2) The seWer pipe shall be reinforced with concrete encasement. The encasement shall be at least six inches (6") thick on all sides of the sewer pi pe and extend ten feet (10 I) on either side of the water main. - - ... In all caSes, select granular backfill shall be used tb prevent any set- tling of the higher pipe. 2.03 CLEANING. The Contractor shall take all ,necessary precautions to prevent any construction debris from entering the water lines during construction of water lines and aopurtenances. If this debris should enter the distribution system. the Contractor shall furnish all labor and material necessary to clean the system. Under no circumstances will the Contractor flush the debris into an existing distribution system. - ... ~" 2.04 STERILIZATION AND TESTING OF HATER LINES. All water lines shall be tested and steril i zed by the Contractor under a program mutua lly determined by the Engineer and the Contractor. Water lines shall be tested to equal 200% of working pressure and the test shall be maintained for a minimum of three (3) hours. Water used to refill the test sections after each hour shall be carefully measured and shall not exceed a rate of 'two gallons per inch (2 gal/in.) bf nominal diameter per one-thousand feet (10001) of line tested per twenty- four (24) hour peri od. Wa ter 1 i nes sha 11 be steri 1 i zed in a manner such that a chlorine solution of fifty (50) prm will be provided when the line is filled and that after a twenty-four (24) hour retention period the chlorine residual shall not be less than five (5) ppm at any section in the line. - ~, - - ... Following chlorination, all treated water shall be thoroughly flushed from the sterilized water line at its extremity until the replacement water throughout its length shall be comparable in quality to the water supply from the existing or proposed water supply system. - ~ Section W. L. 1hE!C!>ntractor shall take all necessary precauti on$ to prevent the flow O:f/~he,?trongchlorine sol ution into existing water facil ities. The C01'I~r~ctor will assume all respons i bil i ty for damage done by heavily ch1or;inatedwater entering existing facilities due to negligence on his part. All equipment, labor, materials, tools and supplies required for the above testing and sterilization program shall be furnished and installed by the Contractor. The Contractor shall take all necessary precautions to prevent any joints from drawing, or other damage to the system while the pipelines or their appurtenances are being tested. He shall, at his own expense, correct any excess leakage and repair any damage to the pipe, and its appurtenances or .to any structures i.ndicating by or resulting from these tests. If any section tested fails the test, it shall be required or repl aced and re-tested at the Contractor's expense, until the measured leakage is within the allowable limits. 2.05 CONNECTION TO EXISTING WATER FACILITIES. Where connections are to be made to existing water facilities, such connections shall be made only after prior consultation with and receipt of written permission from the Engineer. Connections shall be done in an approved manner with appropriate fittings and shall be made at such time and condition to provide for minimum interruptions of service to users. 2.06 ELECTRICAL PROTECTION. The Contractor shall provide all materials, labor, tools and other works required for electrical continuity pro- tection. Four gauge copper wire shall be used for the electrical connec- tions connecting all pipe joints, unless otherwise noted. 3.00 MEASUREMENT AND PAyt~ENT OF \-IATER LINE QUANTITIES. Water pipe will be measured and paid for by the lineal feet furnished and instal- led. The contract unit price for water pipe shall include excavation and backfill, the furnishing and installing of all pipe, bedding, valve boxes, fittings. thrust blocks, electrical continuity, valves, testing, sterilization and any other appurtenances in accordance with the Plans and Specifications. .... , . ! ... ... , ... - - .... - - , [, : ,-.. ';".'. .... .,... ~. ,', " cO, 'j,' ;., ":.:?~'j/":" 12LA-t--l r\ '4,'6.pu~ge1( tow U"EC.TIO~ 'To FAC e~Es:-r ~~ ~ ,6"fZ:::;>Uk.\'C> lINe //!&\Y(I~~'o/f1&i ~\,\ h >>.W0\\\Y(l11 ' 3' m\\-1 Wl--ICR\2:"T"", TI-re.u'ST &Ld C~~ S:>.FT. 6EARI""'AffA ~ ~.' , ~ . . ' ~.' i '.~ < . , . >""" b" .A , . - VA LV€: 170X - - .... . "f:> ,;. :' .~. \..- 4 .' .: .:~..: :"b . '" '. 0.-/>'" '~;'. '.' .:.; l:l>- ... -e- L.:E:' VAT \ 0 t-.J.., - STANDARD F\Rf::::- \-\YPRA~\ DETAIL 1!:!S "'.,,....._,.:!:;:J1.::.\L'~1.,,:--;.;- :t",,"~_,._,.......-;~...iI,:.~Ii';_; _, JJ,.-"",I;('im;./. ~. 9"W"-~ l 1__\lIl<'l\A.;-'-"'-'r~:.ii:"'~iI.o"'''''i\..._ < '? I f..~_-~' '.1 .... WATf::-K MAl\-! - C1:':U<:;;~E.D ~ \( 10\ N. OF e CiJ, l=-'T. ~""~.I i ""' r- \ ELDORADO ENGINEERING COMPANY CONSULTING ENGINEERS' REGISTERED LAND SURVEYORS '\ 803 COLORADO AVENUE P.O. 80X 669 GLENWOOD SPRINGS, COLORADO 81601 303-945- 6917 - r ~ ~. - - ... .... .... - - ~. . - r-. .... .... - .... '.... ' - ,.-, "VAt..ve, (~~ ~ ~ " ~ L' .,-." "V,o.L.ve, 50-"'..., -S0~r~T,,",6'-=- ON' B1ZICl;:::-';''"' , ,c,'_, 1;-- ~',;'.;'"[;' ,--6--' ;CONci:2.5:'Ee~ 0 ; ~ *._, "TIIreB:5T",eF5c~ .' .-: :."" : <e:lvlJ}'i; , "'. '~Z\>>~~fi.~,-." 'UN=I~Tt)rz.ae;;.:t::>. ""~1'">~'~:f:' TiasNCR-' 13-c:::>-rrOl-'\.J..-. A ..I : SIDe: I'" I Cl VAL-V!:? -- ,- '.. I , . . '.'~ '> ~F' ~" L .~.....~ ." @- --- ~-','-'r:"_'-":'" ... ':~~~,,\,'". >. .~f -- ..' (<k- iD \ PIPE j_ -L'- ~.-s: <D 'J ,~ I' 'VA'-ve;:' . :r IZ'Ei""CH A · t , . VA RIA.el..&, D1MliF.N~I\OM~ $ A" ~i.-AN"''6. TO t::"i..ANG<e +~' 1I<l1.... B"'PI~ O,'O.+6"MI..,.Pt.:iS..lS1., STANDARD THRUST BLOCK FOR VALVES No Scale ELDORADO EN,GINEERING COMPANY .'.'/;.. ".;,."". 803 COLORADO AVENUE P.O, BOX 669 CONSULTING ENGINEERS, REGISTERED LAND SURVEYORS GLENWOOD SPRINGS, COLORADO 81601 303-945.. 6917 ~ ".....,.. ~. - - - '- r- K.eeF Wh.lC1<-E:'TE PREE:. OF.Jou.....\'T'S--.. r--~.: t:, ~ (,.::.~'-o~-::-::-;:: l>' 0 o. t;r'. o. .. :, ' ~ .. i ::. :'." ,1>", , ~\('~'o/~V' ~ ~~' ~ ~ ,~ , " CONCRETE::: POURED P LA t--J "-A6A If-.1ST UIJT)t5TUR8El TRE:k.lCI--\\7.A\04K-- &:-- ~ :>;;: ~ ) ~A~'0'A" - - i'"' r- ,- r , 1& W ~ ,m %Z[~ <~ Or,; 4'1:;"'- --...---<:] ;. -;;("~ ,,'::,:. ;'><"':"':1 O ~.',~ ::: n-I"~"(:'<)"~'--I " b ~- W' -,,/ ! ,,:::, ".'.-" .:,':, J :<$) ~ . ;- (l' -:..,~,; :'~;:'" ".:<\~};<\~' i'" . . )' . , >i. " V' ,,' ' .' , , . ' .-;;' '~', ~ f . . , '. .j. '~.... I ,t~{~::~~~;t~~*/' _K:E.4:::::TI 0 N -'7Ue1=-AZE.'\""":_--- L'=' \., ^>."T \ 0 I.' I ! A\<.EA A S SPEc. \ F- \ E.D -,:::;::- ,.:... v"-.... 1'1 I i'"' I ! CONC1<.E.Te. 1=t?ueE':D i'"' A6,6,\N'2;;:lT UI-.\DISTue~EP 11-"1<E::!---.IC H BA~y ( ~ ,... I ! . - ", [0 r"'" TYPICAL THRUST SLac\< TE:-E:' ~'1, ... . '~...~...,,' '...." .''TX~t:Ei:JI:J:''''.'"'. "'/.P{"-'p/'r;r"-" ,';;~~IIt~-"r-x;-:t'FV..... "": . ..-.- .~ J .1 ,. X:;---"-'-a," . ...' ... <- i'" ELDORA DO ENGINEERING COMPANY CONSULTING ENGINEERS'; REGISTERED'LAND SURVEYORS 1"" 803 COLORADO AVENUE P,O. BOX 669 GLENWOOD SPRINGS, COLORADO 81601 303-945.6917 """ ~ I!'" """ I!'" """ I!'" """ I!'" """ !"" """ """ - "</~l~~ """ - """ - STANDARD 1\'", - ELDORA DO ENGINEERING COMPANY 803 COLORADO AVENUE P.O, 80X 669 .~ AJ C.bNC.~...."'''' .?Ol>"R.EP t>.""""WS, UND'S,U~:e.ep T'RC:I..JC'-\ EA>-J1<. A.~SA AS S,pe::.C-'F'<=:D -p LA 1"-1 ~ ~ CONC><.-E:TE PO()~E.P .A.G"II..).,;,. OI..lDiSTU'<..E\E.D T>zS->-lc->-'! BA!..:l1( A"R:=A AS S:i>8:..,'!="\:s;.j;) -ELEVAT\ON THRUST BLOCK-ELBOW CONSULTING ENGINEERS,' REGISTERED LAND SURVEYORS GLENWOOD SPRINGS, COLORADO 81601 303-945 _ 6917 .... r'\ .r'\ L.. - - - , - 4 4 A:I~/ - .J /- - - K1$..'2:."" -.lOlNi$ 'FRE.;a;. OF c..OH<:..R'STS PLAi'-\ - I ~ TtsM"PORA"R""f \"VDOD ELOCKII-.}~ OR C.Ol-lC.'RtT-E. AS -5 ?E.C-I"FIE.D .... , , C.ONC.R5:i;:;: "Po1.)"R,ep A"",A\NS\ U~D\.5Tv1<...BaP TRs1vc..H BAN<. - r- .... l . 'T. ",," .... .~::' J '_' ' 17, ,.1:7 ' -fr" _I>-~_... ____-r ~\' "lp ,........ ,; 1 '\ . [ : :'.. (.': ~\'. ~:: !\::=::-~;! . l.ln > \,t;. '/' 17 ' : : - -::-..;.../]j\ ~ I , ,. .' "4 1 11"':";- __--.r"_ - -.;,_1., J , .;-. l:l '" .' '-;r'~'" . Q . , '4 ,. ~~ ........ 17 ._ " ~ ,< '-' ~ ... 7T"'--)7~1 ,- - i ,I"'" E LEVA"'T ION TYPICAL THRUST BLOCKS T_EE AND PLUG r- .... EL.DORADO ENGINEERING COMPANY CONSULTING ENGINEERS' REGISTERED LAND SURVEYORS .... B03 COLORADO AVENUE P.O. BOX 669 GLENWOOD SPRINGS, COLORADO BI601 303-945.6917 "'" I ... ~ .... ... ~ r"' :""'" .... ... - - - r"' - .... ,- .... .... - PLUG ~~vJ;>(w/j/ [JJ ! I"":"<ti\W'{1 '0'-:. II!"' <::::::ONCR-E::-iE:- OR ~ ~ M"PO'RA~.Y WO::Ir:> I!J~\\/I/A.\\y//; ~ \?LDCKIW6 As \~L A: ~ '512ECI FtE'D ...., /2'E.Ac..TION 'SURFAce \~ Al2.E:A eSQUlRe.V' ~l r-r, r"' o./", <> r2..~, I""" lit. t-Ur"-. 7JJ i/C ~ t,..r \ '1;/ .....{i!~ " I""'" lZEAc::.iIOt--..! 7U12FAC€- :~"'. AKE--A AS 'SP1?C-IFIEV" ': /:/:. ',', '~ 0.', ,':', ".. 0. 't;>, '''0' , . .' t .' : \.'. . "', I) , 'j .. . \>. c:::1?wc.~\-E YOURet:> ,-:'i/\\;~~,'. -:';." A6Alt-.l5T U\.JPISTURBf"D z. ''); TR-F:l--lCH 6>AW~ (TYPICAL) ',~ r--=o 1Zt:'.4c::::T10tJ 5uK:"Fk:::E. Al2eA - Y2.. AREA eEQUIRED i:=OR. Tee: PLA~ TY17\C:AL l-H12.U5T 1?LOC::KS FOr< CROSS ... ELDORADO ENGINEERING COMPANY CONSULTING ENGINEERS' REGISTERED LAND SURVEYORS 303-945.69/7 803 COLORADO AVENUE P,O, 80X 669 GLENWOOD SPRINGS, COLORADO 81601 - ,... .... .... .... , .... .... - .... C d ~71t\\(, ~ ~:- /I~ !. ~ " ... I"". """'" ~ ~ .... .... .... 3" MIN. (ov&-12. - Tn:~ ... ~ .... ~. ,-d , , "'", AS <;SP:;;'C.\FIE-P -t ~ PLAN .... '* 4 Kt:;-BAR Al...'- AROUND ~ T"R.'E.wc...'<-'t \v I-:DT\-1 ~- ~ . "-' --------- , 'A . <:l 17 '""', . )f ..:........:..-. ! ^,,~..e::-..:::.....,,--A, - ~._~-\ :,~~~wo, ,J1, ~l\',~ /, ~, ~\":,, ' ~ ~-t~..._-" CO~Cp.==-\;;" POURS-O "---- I :),J :~~'-'C7 ;'~ 1 y AE;.A.IN.".:>T P::z.Y,UN- fl' ///::<'(//<\~\ t:)\5TUR13eD G-Af.ZTN / .... .... t . ~ OIME-N5\ON /;a.-::;, 5P.GIl=-I&-D 3EC-T\ON A-A TYPICAL THRUST BLO'CK FOR REDUCER ELDORADO ENGINEERING COMPANY 80"3 COLORAOO AVENUE P,O, 80)( 689 . CONSULTING ENGINEERS' REGISTERED LAND SURVEYORS GLENWOOD SPRINGS, COLORADO 81601 "303-945.8917 I"'" .~. ~ ... ..... SECTION S.L. CONSTRUCTION SPECIFICATIONS AND DETAILS FOR INSTALLATION OF SEWER LINES AND APPURTENANCES ... .... 0.00 DESCRIPTION. This Work shall consist of excavation, disposal and compaction of all material encountered within the limits of the Work and necessary for the excavation and backfilling of all sewer line trenches. The Work shall include the excavation and backfill of whatever substances are encountered to the depths called for in the section, "Technical Special Provisions", shown on the drawings, or modified in the field by the Engi- neer. This specification shall include installation of sewer lines, man- holes, and other appurtenances, including the furnishing of all materials, the,. excavation and backfill of all trenches, and the cleaning and testing of the completed installation. 0.01 GENERAL. Unless otherwise indicated on the drawings, all excava- tion shall be made by open cut. Trenches shall be properly maintained throughout construction and be kept free of water. Areas of work shall be appropriately barricaded or marked with suitable warning signs and signals to insure public safety, which is the responsibility of the Con- tractor. Not more than two hundred feet (200 ') of trench may be opened in one place in advance of the completed work without previous written consent of the Engineer. All work performed wi thi n the 1 imi ts of thi s . Contract shallconfonn to the requirements of any Federal, State, or local juriSdiction which has power to govern or control the manner in which this Contract is fulfilled. ... .... .... .... .... .... ..... 0.02 OBSTRUCTIONS AND INCIDENTAL CONSTRUCTION. Where trees, hedges, strnIbs and brush Y'holly within the excavation area are not designated to be protected or saved, the Contractor shall notify the Property Owner .~nc~~.not less than ten days before starting work in the area to allow tfie .(Jwlrel"$ to accomplish such salvaging as they may desire. Plans re- flectapproximate type and location of existing utilities at the tl)ne they are prepared. The Contractor shall be held wholly responsible for the location and protection of any uti1 ities encountered. .... .... - 1.00 MATERIALS. This item covers the types of material that will be required for the installation of sewer lines within the limits of the work. All materials used shall be new and the best quality available. All material used shall be in accordance with applicable standards of the American National Standards Institute (ANSI), the American Standards Association CASA) and the American Society of Testing and Materials (ASTM). 1.01 VITRIFIED CLAY PIPE AND FITTINGS. All vitrified clay pipe to be used for sewer -pipe shall be Extra Strength Pipe in accordance with ASTM Standard Specification C-700 or the latest current revision. The pipe shall be of the size as specified on the plans. The vitrified clay sewer pipe shall have a factory applied joint or coupling on the spigot and .... .... - - " , ;-'- "I i Section S.L. - , bell ends of the pipe complying with ASTM Standard Specification C-425 or the latest current revision. The joint or coupling material shall be compounded of a high quality polyurethane elastomer manufactured to the desired hardness and compressibility and properly applied to the pipe to form a tight compression joint. The resilient polyurethane should have the following physical characteristics: (a) A minimum tear strength of 50 p.s.i. (ASTM D-624). (b) A percent elongation of not less than 80 percent and shall return to original volume and shape upon release of elongating force (ASTM 0-412). (c) A compression set value of less than 5 percent (ASTM 0-395- A). (d) A minimum resistance to deflection of 165 p.s.i. at 10 per- cent deflection. (e) A.minimum Shore A durometer hardness of 70 for a temperature range of 20 degrees to 100 degrees Fahrenheit. 1.02 ABS TRUSS PIPE AND FITTINGS. ABS Truss Pipe is defined as an in- ternally braced double walled ASS composite pipe. Truss pipe to be used for gravity, non-pressure sanitary sewers shall conform to ASTM Standard Specification D 2680-70, or the latest current revision. The pipe shall be of the size specified on the plans. Fittings that may be used with the above specified ASS Truss Pipe include couplings, wyes, tees, elbows, caps, plugs, adapters, manhole water stops and clamps. All couplings and fittings shall be assembled by a chemically welded method. Each solvent weld type coupling and fitting shall be ac- curately formed and entirely compatible in joining with the truss pipe to assure a leak-proof joint. Temperature and curing time of all solvent welds shall be controlled in accordance with the manufacturers recommenda- tions. Couplings and fittings shall be manufactured from the same materi- al as the pipe except that caps, plugs and adapters may be fabricated or molded from rubber, polyurenthane or other suitable compounds. The couplings and fittings shall have chemical and physical characteristics equal or superior to the pipe itself. 1.03 ABS EXTRA STRENGTH SOLID WALL PIPE AND FITTINGS. Six (6) inch ABS Extra Strength Solid Wall Pipe shall be considered at all locations in the Standard Technical Specifications and in drawings where six (6) inch house service lines, riSer pipes and fittings are specified or noted. ABS Extra Strength Solid Wall Pipe shall be constructed of virgin ABS compound as specified in ASTM D-1788-62T, Types I and IV, excepting that the minimum heat deflection temperature (ASTM D-648) shall be 180 degrees Fahrenheit. !"" ,-" .,-" ,... Secti on S. L. - Test samples of pipe, six inches long, shall be cut from full length sections and tested by the method outlined in ASTM 2412-6ST, Method of Test for External Loading Properties of Plastic Pipe by Parallel Plate Loading. 'The Pipe shall be deflected at least 35 percent without fail- ure, and the stiffness at 5 percent deflection shall equal or exceed the values listed in the following Table, even after the test samples have been immersed in a five (5) percent solution by weight of H2S04 and n-Heptain for a period of twenty-four (24) hours prior to testing. Failure is defined as rupture of the pipe wall. Stiffness factor may be computed by the method outlined in ASTM 0-2412- 65T (EI in the following Table) or by dividing the load in lbs./linear inch at five (5) percent deflection by the deflection in inches at five (5) percent deflection (FlAY in the following Table.) ,... - - ,... TABLE OF STIFFNESS FACTORS - Minimum Stiffness Requirements ,... Nominal Size EI @ 5% F(AY @ 5% 150 1b./in.2 150 1 b./in ,2 4" 6" 180 lb. in. 600 1 b . in. ~ ,... All couplings and fittings shall be assembled by a chemically welded method. Each solvent weld type coup1 ing and fitting shall be accurately formed and entirely compatible in joint with the ABS Extra Strength Solid Wall Pipe to assure a leakproof joint. Temperature and curing time of all solvent welds shall be controlled in accordance with the manufacturers recommendations, Couplings and fittings shall be manufac- tured from the same material as the pipe except that caps, plugs and adap- ters may be fabricated or molded from rubber, polyurethane or other suitable compounds. The couplings and fittings shall have Chemical and physical characteristics equal or superior to the pipe itself. ,... ~ - 1.04 POLYVINYL CHLORIDE (PVC) GRAVITY SEWER PIPE AND FITTINGS. All PVC gravity sewer pipe and fittings shall conform to the requirements of the latest revision of ASTM 0-3034. Pipe shall be provided with in- tegral wall bell and spigot joints and shall be made from clean virgin class 11332-B PVC compound conforming to ASTM resin specification 0 1784. - ~ 2.00 INSTALLATION OF SEWER LINES AND APPURTENANCES. Unless otherwise indicated, this work shall include the installation of sewer lines and all appurtenances including the furnishing of all materials, the exca- vation and backfill of trenches, and the cleaning and testing of the completed installation. ,... - ,... "-. Section S.L. 2.01 SEWER LINE INSTALLATION. Trenches for sewer lines shall be exca- vated along the lines and to the grades shown on the plans, or as modified by the Engineer in the field. Trenches shall be excavated at least six- teen inches (16~) wider than the external dimensions of the pipe to be laid therein. - , Wherever the bottom of the trench is in rock and cannot be shaped to fit the bottom of the pipe, then rock shall be removed to a depth of not less than four inches (4") below the bottom of the pipe and the trench refilled to the required grade with granular earth, fine gravel, or coarse sand, and shall be wetted if necessary, and compacted to form a firm base. Wherever the bottom of the trench is muck, which is saturated soil, organic matter, or any other compressible material that the Engineer determines to be unsuitable for bearing, this muck shall be removed com- pletely and replaced with granular earth, fine gravel, or coarSe sand, and shall be wetted if necessary, and compacted to form a firm base. The excavation shall be supported so that it will be safe and that the ground alongside the excavation will not slide or settle, and that all existing improvements, either on public or private property, will be fully protected from damage. All supports shall be removed after con- struction is completed, unless otherwise directed, and shall be withdrawn in a manner that will prevent caving of the sides of the excavation. All openings caused by the removal of supports shall be filled with suit- able material and shall be properly compacted. After excavation, the trench bottom shall be uniformly graded and hand- shaped so that the pipe barrel (exclusive of the joint) will have uni- form and continuous bearing on firm, undisturbed bottom, or thoroughly compacted granular material, throughout the length of the pipe. The trench grade shall permit the pipe spigot to be accurately centered in the preceding laid pipe joint, without lifting the pipe above the grade. Pipe shall be laid in straight sections except as noted on the plans. Jointing af the pipe shall be made in accordance with the directions of the manufacturers of the pipe and the couplings. Every open end of the pipe in place in the trench shall be carefully plugged to prevent any contamination before being left for the night or for any length of time the construction is suspended. Caution shall be taken at all times to prevent the entrance of water or debris into the completed pipeline through open ends, manholes, or in incompleted joints. At any time that it is evident to the Engineer that the Contractor is incapable of keeping the pipe free of foreign matter during installation, the Engineer shall re- quire the Contractor to cover the pipe ends with close woven bags until the start of the jointing operation. After the pipe has been placed as prescribed and has been approved, the pipe shall be bedded. Suitable approved fine material, free of frozen and organic materials and debris, and having no stones greater than a two inch (2") diameter for ductile iron pipe, one inch (1 ") diameter for cast iron pipe or three quarter inch (3/4") diameter for any other pipe shall be used for bedding. Material taken from the excavated earth may be used for bedding if acceptable. ,... ,-, 1"', ,... Section S.L. !"" The bedding shall be compacted in place to form a firm base to an eleva- tion eighteen inches (18") above the top of the pipe, and shall be placed and compacted in distinct, separate lifts not to exceed eight inches (8") of loose depth; except that the first 1 ift shall not be i1bove the top of the pipe. ... 1. ... i i . ,.... Tamping equipment, such as hand "T" bars, or air or mechanical units, which is capable of compacting material to 95% maximum dry density may be used; however, particular care must be taken when tamping material is below the pipe flow line. Jetting may be used to provide compaction when prior approval by the Engineer is obtained. Unless shown otherwise on the plans, specified, or modified in the field by the Engineer, all backfill above the bedding shall be carefully dumped into the trench, providing the depth to the bedding is no greater than four feet (4'). Care shall be taken during placement to avoid dilmage to the pipe. If the depth to the bedding is greater than four feet (4') backfill shall be placed in lifts of no greilter thiln four feet (4'), and compilcted after each lift. Compaction of i111 backfill shall be sufficient to support overlying 10ilds without excessive settlement with a compaction density conforming to the adjacent undisturbed ground. Where sewer lines andlor appurtenances shall be installed under existing gravel or bituminous surfaced streets, parking areas or other driveways, all such paving damaged shall be replaced to original or better condition and position in accordance with the requirements of the specifications, "Aggregate Base Course and Sub-Base Course", "Hot Bituminous Pavement", and the following requirements: the last one foot (1 ') of trench shall be Base Course materi- al in accordance with the specification, "Aggregate Base Course and Sub-Base Course", and ... ... ... ... ... ... ... ,.... all bituminous surfacing shall be replaced with as many one and one-half inch (1 1/2") surface courses as required to match the existing surface. Unless otherwise directed, all trenches shall be backfilled and all damaged bituminous surfacing shall be repaved immediately following installation of the sewer lines. ... . No boulders over six inches (6") in diameter shall be allowed in the top twelve inches (12") of the trench. No backfill material shall have boulders greater than twenty-four inches (24") in diameter. Boulders greater than eight inches (8") in diameter shall be carefully lowered into the trench until the backfill is four feet (4') over the top of the pipe. 2.02 ABS TRUSS PIPE AND FITTINGS. ABS truss pipe with solvent weld type couplings shall be installed in accordance with approved manufac- turer's recommendations and ASTM 0-2321-67. All joints shall be wiped clean as work progresses. Exposed ends of the truss pipe shall be ... ... ... ... -'-,", 1 --; Section S.L. protected from damage and the ends shall be plugged or covered to prevent entry of obstructing matter. Couplings shall not be backfilled until inspected and approved by the Engineer. The pipe shall be bedded and backfilled in accordance with the applicable portions of the Standard Technical Specifications and Supplemental Specifications. The maximum allowable pipe deflection for a completely backfilled non- rigid sewer pipe Shall not exceed five percent (5%) of the nominal in- ternal pipe diameter. Deflections in non-rigid pipe shall be checked by measurement or by pulling a cylinder or sphere with the minimum al- lowable diameter through the pipe. The minimum allowable diameter shall equal the minimum interior diameter of the pipe as specified in the ap- plicable portions of the ASTM Standard Specifications or the pipe manu- facturer'.s recommendations, minus five percent (5%) of the nominal in- terior diameter of the pipe. Those sections of non-rigid pipe with de- flections greater than the maximum allowable five percent (5%) shall not be acceptable and the Contractor will not De paid for them. - , - , 2.03 SEWER STRUCTURES. Concrete construction shall conform to the re- quirements for structural concrete. Masonry shall conform to the require- ments for the respective type. Pipe sections shall be flush on the in- side of the structure wall and project outside sufficiently for proper connection with the next pipe section. Masonry shall fit neatly and tightly around the pipe. 2.04 SEWER MANHOLES. Manholes shall be furnished and installed to the depths and dimensions shown on the plans andlor staked in the field, including all excavation and backfill. Manholes shall be constructed with pre-cast concrete rings, in accordance with details shown on the plans. The concrete rings shall conform to ASTM Specification C478-64T or latest revision thereof. Concrete for manhole bases shall be ASTM C-150 Type II, and have a compreSSive strength of not less than 3,000 p.s.i. after twenty-eight (28) days. The bottom of each manhole shall be poured-in- place concrete with shaped open channel continuation of the sewer line through the manhole. Poured-in-place concrete shall conform to the re- quirements for structural concrete. To bring the manhole cover to the correct elevation the top section of each manhole shall be constructed of pre-cast concrete grade adjustment rings. These rings shall be not less than six inches (6") wide and fur- l1ished in heights to allow for one inch (1") adjustments. Manhole steps shall be placed by the barrel manufacturer immediately after the barrel is removed from the casting form and shall be care- fully grouted in place with ASTM C-150 Type II Portland Cement Mortar and sand grout to insure a firm and water-tight joint. Manhole steps shall be five-eighths inch (5/8") round wrought iron, cast iron or approved equa 1- Joints between manhole sections may be sealed by a full mortar joint, or by "Ram-nek" pre-formed gaskets, as manufactured by K. T. Snyder Company, !"'" t"""'- t"""'- - Secti on S. L. - Incorporated, Houston, Texas, or approved equal. Cement mortar for joint- ing sha11 consist of one part Portland Cement, Type II, or better, and three parts of sand. .... .... Manhol e ri ngs and covers sha 11 be the new Styl e Machi ned Denver Heavy, as manufactured by the United Iron Foundry, Denver, Colorado, NEENAH No. R-1718-A, or approved equal. 2.05 PROTECTION OF WATER SUPPLIES. Sewer lines sha11 be located a mini- mum of ten feet (10') horizontally from existing or proposed water mains. Where the sewer line croSSeS above the water line, is less than eighteen inches (18") vertica11y below the water line, or is less than ten feet (10') horizontally from the water main, the sewer line shall be made impervious by either of the two methods listed below: (1) One length of cast iron water pipe twenty feet long shall be used for sewer pipe and centered over the water main. The joints between the sewer pipe and the cast iron pipe shall be encased in a concrete co11ar at least six inches (6") on either side of the joint. (2) The Sewer pipe shall be reinforced with a concrete encasement. The encasement shall be at least six inches (6") thick on all sides of the sewer pipe and extend ten feet (10') on either side of the water main. .... .... .... .... .... .... In all cases, select granular backfill free of any clay shall be used to prevent any settling of the higher pipe. 2.06 CLEANING. The Contractor shall take all necessary precautions to prevent any 'construction debris from entering the sewer lines during construction of sewer lines and appurtenances. If this debris should enter the collection system, the Contractor shall furnish all labor and material necessary to clean the system. Under no circumstances wi11 the Contractor flush the debris into an existing collection system. .... .... .... 2.07 TESTING OF GRAVITY SEWER LINES. Gravity sewer lines shall show not more than one-hundred (100) ga110ns infiltration per day, per mile of pipe, per inch nominal diameter. In areas where the ground water level is less than one foot (1 ') above the pipe the Contractor shall perform an exfiltration or leakage test to provide the Owner an indica- tion of the condition of the completed system. After capping and block- ing all wyes or tees, the pipe between successiYe manholes shall be filled with water, including the upstream manholes, to not less than four feet (4') nor more than eight feet (8') above the lowest point of the sewer section being tested. The amount of water added during the test period from the section under test to maintain the water level shall be measured and it shall not exceed a rate of one-hundred (100) gallons exfiltration per day, per mile of pipe, per inch nominal diameter. Anyone individual .... - .... ... ... ,-, -I I Section S.L. 'section may exceed the rate by one and one-half (1 1/2) times if the total length does not exceed the above rate. The program of testing must be mutually determined by the Engineer and the Contractor. The Contractor shall furnish all labor, tools, and equipment necessary to make the tests and to perform any work incidental thereto. The Contrac- tor shall take all necessary precautions to prevent any joints from separating, or other damage to the system while the pipel ines or their appurtenances are being tested. He shall, at his own expense, correct any excess leakage and repair any damage to the pipe, and its appurten- ances or to any structures indicated by or resulting from these tests. If any section tested fails the test, it shall be repaired or replaced and re-tested at the Contractor's expenSe, until the measured leakage is within the allowable limits: - , 2.08 CONNECTION TO EXISTING'SEWER FACILITIES. Connections to exist- ing sewer facilities where live flows exist shall be made only after prior consultation with and receipt of written permission from the En- gineer. No bypass of sewage to any surface or ground water will be allowed in the completion of this connection. 3.00 MEASUREMENT AND PAYMENT OF SEWER LINE. Sewer pipe shall be mea- sured and paid by the lineal feet furnished and installed. Measurement shall be from center of manhole to center of manhole and shall be the Slope distance between manhole centers. The contract unit price for sewer pipe shall include all excavation and backfill, the furnishing and installing of all pipe, bedding, fittings, cleaning, testing, con- nection to other sewer facilities and any other appurtenances in accord- ance with the Plans and Specifications. 3.01 MEASUREMENT AND PAYMENT OF MANHOLES OR APPURTENANCES. Manholes or appurtenances shall be measured by counting the number of accepted units constructed complete and paid for at the contract unit price per manhole or appurtenance. The contract unit price for manholes or appur- tenances shall include excavation and backfill, the furnishing and in- stalling of all concrete bases to the depths and dimensions shown on the plans, manhole rings, grade adjustment rings, covers, steps and any other appurtenances in accordance with the Plans and Specifications. 1"" ,-., ,~ - - SECTION A.G. AGGREGATE BASE COURSE AND SUB-BASE COURSE ""! - 0.00 DESCRIPTION. This Work shall consist of furnishing and placing one or more courses of aggregate on a prepared surface in accordance with these specifications in reasonably close conformity with the lines, grades and typical cross-sections shown on the plans or es- tablished by the Engineer in the field. - - 1.00 CONSTRUCTION REQUIREMENTS. The compacted aggregate base course and sub-base course shall be constructed in at least two layers of approximate equal thickness or as indicated on the plans. The maxi- mum compacted thickness of anyone layer shall not exceed six -inches (6"). - - Compaction of each layer shall continue until a density of not less than ninety-five (95) percent of the maximum density determined in accordance with AASHO T 180 Method C or Method D has been achieved. The surface of each layer shall be maintained during the compaction operations in such a manner that a uniform texture is produced and the aggregates firmly keyed. Water shall be uniformly applied during compaction in the amount necessary for proper consolidation. - - The soil aggregate material shall conform to AASHO Standard Speci- fication Designation M 147-65 or latest applicable revision. Hhen two different aggregate sizes are called foy' on the plans, the first layer to be placed shall be classifed as sub-base aggregate and shall conform to the requirements described herein. The second shall be classified as base-course aggregate and meet the following requirements: - - PERCENTAGE BY WEIGHT PASSING SQUARE MESH, SIEVES Sieve Size Sub-BaSe Course Aggregates Base-Course Aggregates - - 1 1/2 inch 1 inch 3/4 inch No.4 No. 8 No. 200 100 95 - 100 - 5 - 15 100 30 - 60 25. - 50 5 - 12 30 - 70 - - - I"'" Section A.G. ,.. ~, .'-". 2.00 MEASUREMENT AND PAYMENT OF AGGREGATE BASE COURSE AND SUB-BASE COURSE. Aggregate base and sub-base course shall be measured by the cubic yard. .. The accepted quantities of aggregate base course and aggregate sub- base course shall be paid for at the contract price per cubic yard. The cost of haul for aggregate base and sub-base course shall be in- cluded in the contract price. .. .. ... I"'" - - .. .. ... .... - .. - .. .. - ... ~ .,-,. ... ... SECTION B.P. HOT BITUMINOUS PAVEMENT ... i"" 0.00 DESCRIPTION. This work shall consist of constructing one or more courses of bituminous pavement on a prepared base in accordance I with these specifications, and in reasonable close conformity with . the lines, grades, thicknesses, and typical cross-sections shown on the plans or as directed by the Engineer. ... ... 1.00 GENERAL REQUIREMENTS. The bituminous pavement shall be com- posed of a mixture of aggregate, filler if required, and bituminous material. The aggregate fractions shall be sized, uniformly graded and combined in such proportions that the resulting mixture meets the following grading requirements: ... Sieve Designation Percentage Qy Weight Passing Square Mesh Sieve ... 3/4 inch 1/2 inch 3/8 inch #4 #8 #50 #200 100 70 95 60 - 88 40 - 72 28 - 58 9 - 32 3 - 12 ... ... ... The Engineer shall have the authority to change the above gradation requirements within reasonable limits. Also the Engineer shall have the authority to design a completely different job mix formula in the event that two separate pavement layers are specified. If such changes are required they will be done before the Contractor has commenced with gravel crushing operations. - - 2.00 CONSTRUCTION REQUIREMENTS. Bituminous pavement shall be placed only on properly constructed and accepted surfaces that are free from water, snow, or ice. The pavement shall not be placed \"Jhen the air temperature is lower than 200 F., or when weather conditions are detrimental to the proper placement and finishing of the pavement. ... ... Previous to placement of the hot bituminous pavement, the surface shall be broomed free of all dirt or other matter and sprayed with an approved liquid asphalt primer. When the mix is placed over a paved surface a tack coat should be applied. Tack coat applications shall be applied in accordance with the Engineer's directions and norma lly range from 0.05 to 0.15 ga 11 ons per square yard. When the mix is placed over untreated surfaces, the base shall be primed in ... i"" ... ./ "'" r" ,,-.,. Section B.P. - - accordance with the Engineer's directions. Prime applications nor- mally range from 0.20 to 0.50 gallons per square yard. The prime shall be completely cured before paving; however, if the asphalt prime is uncovered long enough to allow dusting to occur and create a potentially poor bond, a tack coat may be necessary in accordance with the Engineer's directions. - ... The hot bituminous pavement shall be laid upon an approved surface, spread and struck off to the grade and elevation established. Bi- tuminous pavers shall be used to distribute the mixture either over the entire width or over such partial width as may be practicable. After the mixture has been spread, struck off and surface irregulari- ties adjusted, it shall be thoroughly and uniformly compacted by rolling. The surface shall be rolled wnen'the mixture is in 'the proper con- dition and when the rolling does not cause undue displacement, crack- ing or shoving. The number, weight and type of rollers furnished shall be sufficient to obtain the required compaction while the mixture is in a workable condition. ... r- - - Rolling shall be continued until all roller marks are eliminated and a minimum density of 93 percent of a laboratory specimen made in the proportions of the job-mix formula has been obtained. Any displacement occuring as a result of the reversing of the direc- tion of a roller, or from other causes, shall be corrected at once by the use of rakes and addition of fresh mixture when required. To prevent adhes i on of the mixture to the rollers, the wheels sha 11 be kept properly moistened with water or other approved material. Excess liquid will not be permitted. The mixture shall not be del ivered for use on the road at less than 2350 F. Should the temperature be too high to permit proper com- paction, the Contractor shall wait until the mixture has cooled to a reasonable rolling temperature. - - - .... .... Unless otherwise specified, the bituminous material used in the mix shall be AC 120-150, and shall be used in such an amount that four (4) percent by weight results in the pavement. - ... 3.00 MEASUREMENT AND PAYMENT. Prime and tack coat will be measured by the gallon used in accepted application. Hot bituminous pavement will be measured by the ton. Batch weigh'ts will not be permitted. The tonnage shall include all materials used to make the hot bitumi- nous pavement described herein. The accepted quantities of prime and tack coat will be paid for at the contract unit price bid per gallon. The accepted quantities of hot bituminous pavement will be paid for at the contract unit price bid per ton, including haul, laydown and compaction. ... - - ;""" ~. ,'-'" ... SECTION R,G, RESTORATION OF GROUNDS ... + 0.00 GENER.~L. Restoration of grounds (hereinafter called clean-up) sha 11 be a con ti nuous process from proj ect s tart-up to Fi na 1 Acceptance of the Work by the Engineer, The Contractor shall, at all times, keep property on which Hork is in progress free from accumulation of waste material or rubbish caused by employees or caused by the Work, and he shall carryon a constant program to maintain plant areas, structure sites, ri ghts-of-~/ays, and the surface of streets and roads in a con- dition satiSfactory to the appropriate authority, grantor of the rights- of-way, and to the Engineer. Upon completion of the Work, theContrac- tor shall remove all remaining rubbish, tools, equipment, scaffolds and surplus materials from the job and leave the Work area clean and free of debris. Unless otherwise provided in the technical specifications, clean-up shall include the re-grading, re-surfacing, rebuilding and replacing of all oil and gravel roads on which construction took, place, and rebuilding or replacing of all culverts, borrow pits, irrigation ditches and driveways disturbed by the construction. Streets or roads shall be re-surfaced by the Contractor, including both gravel and oil roads, and shall be replaced in as good as or better condition than that at the start of construction. The Engineer shall be the sole judge as to whether streets, roads or property have been restored to a condi- tion as good or better than at the start of construction. Preliminary clean-up shall be commenced as soon as the construction site is occupied by the Contractor (including his employees, supplies, material or equip- ment) and shall be a continuous process, if necessary, in order that the site of the Work shall have an appearance and/or utility equal to or better than the start of the HOi'k, Street surfaces sha1l be restored to their original grade and finish, and will match adjacent undisturbed alignment and grade. ... ... - - - - - - - - 1.00 MEASUR:::~lENT AND PA'ft,lENT. The successful completion of the Project shall be dependent upon satiSfactory compliance with the intent of this section. There shall be no extra payment for this Work, but it is con- strued to be a part of all phases of the Work involved, ..... - ,.; - - ... - fOi,,', f ( I/"" : i~ ( - i ( ( ( ( - .. ( ,... " ,.:s.; 'J. - ,... :l ~;.. ( - 1- - 1. - "l ,4. - 1 L_ . .iJiW' ,! , -,,_._~-,~,._--~--'- 1"". SECTION T. S. P. TECHNICAL SPECIAL PROVISIONS ,-, 1.00 REFERENCE SECTION S.L. 1.02-ABS TRUSS PIPE AND FITTINGS, and SECTION S.L. 1.03-ABS EXTRA STRENGTH SOLID WALL PIPE AND FITTINGS. Delete these sections. I