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HomeMy WebLinkAboutpitkin.planning.273511107001DOCUMENT LAYOUT THIS FILE MAY OR MAY NOT CONTAIN ALL OF THE INFORMATION LISTED BELOW IN THE FOLLOWING ORDER Summary Sheet Resolution for the BOCC and/or P&Z Ordinance for the BOCC and/or P&Z Determination for the Hearing Officer Administrative Determination Staff Memo Application Public Notice, Acceptance Letter, Referral(s) Letter Site Plan Miscellaneous Plat copies (11x17) PARCEL ID: 2735-111-07-001/00 DATE RCVD: ~ # COPIES: CASE NO P30B-85 CASE NAME: Golf Course Properties Lot Split Planners PROJ ADDR: 39600 /39590 Hwy 82 ~ 3 y 5C'~~ OWN/APP: Golf Course Properti ADR C!S/Z: PHN: REP: ADR: C/S2: PHN: Email Addr: ALLOCATED HOURS: FEES DUE:- FEES RCVD:~ % OVER: REFERRALS REF: BY~ DUE: MTG DATE REV BODY PH NOTICED DATE OF FINAL ACTION: I N O 1~"` N0 REMARKSI2735-111-04-002 GF CLOSED: BY: ~- BOCC Reso: 185-97 BOCC Ord: ~____ PZ: HRG OFF: ~~r HO INDEX: ~- ADMIN: ~~ PLAT RECORDED- PLAT (BK,PG): ~ ADMIN INDEX: VR APPROVAL DATE: ~ VR EXPIRES: CASE TYP: Lot Split CASE TYPS: CASE TYP2: CASE TYP6: CASE TYP3: CASE TYP7: CASE TYPO: Date Scanned: ~~ File Location: Box 168 7/16/09 ~ ~F~ RESOLUTION 3F THE BOARD OF COUNTY COMMi55IONERS CaNp~T1aN`7 ~~t~ h ~f~ ~ ~ G PITY.II+ COU2JTY, COLORADO, GRAPI^t ItIG RETAILED AND FII3AL PLAT APPROVAL TO THE GOLF COURSE PROPERTIES LOT SPLIT ~ Resolution No. 85 - 97 6':HEREAS, Golf Course Properties Associates, a Colorado General Partnership (hereinafter referred to as "applicant") , is the owner of record of 9.° acres of real property more specifically described as Lot 2, Iselin Subdivision; and 'F~IHEREAS, the applicant has requested a 50~ density reduction lot split of said property into two parcels each for single-family use, pursuant to Section 4-6 .2 (e) of the Pitkin County Land Use Code; and ~lHEP.EAS, a public hearing was held before the Board of County Commissioners at their regular meeting on August 26, 1985 at ~~:hic'r. time the recommendations of the Planning and Zoning Commission, the Planning OLfice, referral agencies and members of the general public were accepted. R.O&°T, THERE FORT , BE IT RESOLVED by the Board of Co unt•J Comm i s- sinners of Pitkin County, Colorado, that Detailed and Final Plat approval .for the resubdivision of Lot 2, Iselin Subdivision, into tiro separate parcels each for single-family use is hereby granted subject to the following conditions: r Prior to recordation of Final Plat, the Applicant shall submit a signed agreement with the Aspen Consolidated Sanitation District to service both lots. 2. Prior to recordation of Final -Plat, the applicant shall submit a Final Plat to be reviewed and approved by the P1 anni ng off ice and Caunty Attorney. ~'he Pl at shall include, in .addition to the standard plat language, the following plat notes: a. r:o roof line of any structure on Lots 1 and 2 shall extend above the 7940' elevation lino as designated on this Plat. In addition, the building envelope for Lot 1 shall be 1 invited on the east by the 7 916 foot elevation line. b. The cotton rood trees on Lot 2 found to the North of the designated building envelope shall be used as a visual screen from State Highway 82 and shall not be removed. c. All utilities. for Lots 1 and 2 shall be underground. d. Exterior lighting on the site is subject to the Pitkin County Exterior Lighting Code. e. Lots 1 and 2 are subject to a Nordic Trail Easement as identified on this Plat and conditions of which are outlined in an Agreement as recorded in Book,S.~_at r Page~~ in the Pitkin County Clerk and Recorder's Office. f. This property ~.s subject to an Avigati.Gn Easement as found in Book o3 at Page .2~j in the Pitkin County Clerk and Recorder's Office. g. This property is restricted against further develop- ment. h. This property i s subject to an Access Agreement as found in Book ~a~ at Page ASS in the Pitkin County Clerk and Recorder's Office. i. The Plat shall reference the resolution approving ' Detailed Submission and Final Plat. j. The Final Plat shall indicate that public rights-of-way are to be dedicated or the dedication language shall be removed from the plat. k. The Final Plat shall include a signature blank for any lienholder or mortgagee of the property. 3. Prior to recordation of the Final Plat the Applicant shall submit a revised Subdivision Improvements Agreement to be revie~~~ed and approved by the Planning Office and County Attorney. This Agreement shall outline and commit the _ subdivision to the items listed as a "a" through "h" in Condition ~2 above. In addition, this Agreement shall bind the Applicant to extending a minimum six inch (6") dectiie water main to the property and install a fire hydrant in accordance with the City of Aspen Water Department's main extension policy. 4. Prior to recordation of Final Plat the proposed Trail Easement and Improvements Agreement shall be reviewed a~~d approved by the Aspen Nordic Ski Council, Planning Gffice and County Attorney. 5. Prior to the recordation of the Final Plat, the Avigation Easement shall be submitted by the Applicant and reviewed and approved by the Planning Office and County Attorney. J 6. All required documents referred to in this approval must be recorded at the time of recordation of the approved plat of the Subdivision. APPROVED by the Board at its regular meeting on September 9, 1985. -- BOARD OF COUNTY COIYIMISSIO~FERS OF PITKIN COUNTY, COLOP.ADO By Gam(/ _ ~z..~~~ Robert W Child, Vice-Chairman ATTES Lew Scanlan, Deputy County Clerk Alan Richman, Planning and Development Director APPROVED AS TO FORM: Thomas F. Smith, County Attorney CH . 7 ME!lORANDO M T0: Board of County Commissioners FROM: Cindy M. Houben, Planning Office RE: Golf Course Properties Detailed Submission and Final Plat DATE : August 26 , 1985 RBQUEST: Detailed Submission and Final Plat approval for a 50$ density reduction lot split. APPLICANT: Golf Course Properties Associates LOCATION: Lot 2, Iselin Subdivision; located between Castle Creek and Maroon Creek south of Highway 82 and across from the Aspen Golf Course . SITE DATA: The site is 9.9 acres. WATER: Proposed hookup to City of Aspen Water. SEWER: Proposed hookup to Aspen Metro Sanitation District. ACCESS: Off of State Highway 82. EXISTING ZONING: AF-2 PUD DESCRIPTION OF THE PROPOSAL: A. Site Description: The site is located on the south side of State Highway 82 directly across the Highway from the Red Roof Inn and Aspen Golf Course. The site is relatively level with one hill located towards the center and backside (south side) of the property. The site is currently vacant and provides an open view of Pyramid Peak from State Highway 82 . The property i s covered with oak brush and sage with a stand of cottonwood trees lying adjacent to the Holden Ditch which runs through the property. B. Project Description: The Applicant proposes to create two single-family lots being 4+ acres each. Since the site is within a 2 acre minimum zone district, the proposal is in compliance with the 50~ density reduction requirement of the lot split provisions (Section 4-6 (b)) . C. History: The Applicant received General Submission approval from the Board in July of 1981 (see attached 81-69) and Detailed Submission approval from the Planning Commission on June 4, 1985. The applicants have since attempted to address all of the conditions of approval imposed by the Planning Commission in order to be able to request both Detailed and Final Plat approval before the Board. MAJOR ISSUES AND CONCERNS: A. Referral Agency Comments: 1. Aspen Consolidated Sanitation District - Heiko Ruhn of the ACSD indicated in a memo that the district can serve the property, however, there may be a pumping station required if basements are built more than eight feet (8') deep. 2. Federal Aviation Administration - Nance Earley of the FAA noted in a memo that he had no objection to the proposal from an aviation standpoint. 3. Aspen Water Department - Jim Markalunas of the Aspen Water Department noted in a memo dated 5/7/85 that the Department can serve the property, however, the Applicant must apply for service through the proper Water Department procedures. 4. County Engineering Department - In a memo dated May 13, 1985, Tom Newland indicated that he has no problems with the proposed common access drive off of State Highway 82. The applicants propose to share a driveway off of State Highway 82 with the adjacent neighbors. This is an acceptable access since it will reduce the number of required access entrances onto State Highway 82. B. Staff Comments: 1. The proposal fronts Highway 82 and is identified in the State Highway 82 Corridor Master Plan as Open Space/Recrea- tion/Park (OSRP) . It is also identified as being within the Scenic View Plane Area. The OSRP properties are key parcels of land under public/quasi-public ownership or proposed for public ownership. The Golf Course Properties parcel was considered for acquisition, however, it has been determined that the funding is unavailable at the present time. The Corridor Master Plan states that "Parcels within the scenic view plane should be preserved by encouraging site planning which recognizes the designated view planes." In addition, the Scenic Quality Goal of the Master Plan is as follows: "Preserve and enhance the scenic quality of the State Hig hway 82 Corridor for the benefit of residents and the continued viability of Pitkin County's resort economy which is partially dependent upon the quality of the rural setting. " A Nordic Trail is identified on the site in the Master Plan (see attached Map) . The Applicant worked with the Nordic Council, the Planning Commission and the Planning Office to locate an appropriate trial easement through the subject parcel. Section 5-501.12(a) of the Land Use Code states that: "Whenever a tract to be subdivided includes any part of a bikeway, bridle path, cross-country ski trail or hiking trail designated on the Pitkin County Trail System Plan, the subdivider shall plat and grant public easements in compliance with the plan. Any such dedications shall meet the specifications of the Pitkin County Design Standards and Specifications (Briscoe , Maphis, Murray & Lamont, 1975) ." The trail easement has been identified and placed on the Final Plat . 2. On June 4, 1985, the Planning Commission conducted a site visit and determined that the proposed building envelope on Lot 1 should be limited on the east side by the 7916 foot elevation line in order to keep the roofline of the future residence from protruding above the 7940 ft. 3. The State Highway 82 Corridor Master Plan also addres- sed "recognizing the existing vegetation in the Corridor as a valuable resource and encourages developers of vacant land 2 to preserve vegetation to the maximum extent possible." The Applicant has sensitively placed the building envelope on Lot 2 behind an existing row of cottonwood trees. A condition of approval is that these trees be preserved. 4. Another objective of the Master Plan is to identify and preserve right-of-ways for the future alignment of Highway 82 . Unf ortunately the f uture right-of-way for Highway has not been identified. Therefore, the appropriate amount of right-of-way to acquire has not been determined. If, in fact, the new Highway alignment were to require 300f eet (maximum proposal) , the two proposed building envelops would fall outside of that right-of-way. Thus, development is precluded from occurring within the maximum proposed State Highway 82 right-of-way. 5. The property lies within the scenic viewplane and scenic foreground identified in the State Highway 82 Corridor Master Plan. The list of criteria for development review within the scenic foreground is attached to this memo. 6. The Golf Course Properties lot split proposal is in general compliance with the Scenic Foreground Overlay criteria. The proposal, however, does not specifically identify a specific architectural design or exterior lighting to be used for each of the single-family residences. The proposal is within the Scenic Foreground and identified scenic view plane, yet, the proposed building envelopes are at a reasonahle c~istanr.e from the Highway, avoid the highest ground and most visible sites from State Highway 82 as well as use existing vegetation as a screen to shield one of the residences from State Highway 82. The applicants have adequately addressed each of the conditions of approval listed below with the exception of the following: (a) The applicants have not provided a signed agreement with the Aspen Sanitation District to serve both Lots 1 and 2 (condition ~1 of Planning Commission recommenda- tion; and (b) The trails easement agreement submitted with the application is currently unacceptable with regard to the ability of the County to indemnify and hold the owner harmless against any loss or damage occasioned by the publ is use of the trail easement. The County can or_ly r_ame the applicants as being co-insured with the County. Furthermore, the County will not accept the last paragraph of the trail easement because a terming- ti on of a trail easement must go through the proper court procedures in order for the County to terminate its right to use of the easement. (c) The Subdivision Improvements Agreement is acceptable with the following minor clarification. The language in No. 2 shall read: "The property shall be restricted to the development of (2) single-famiJ.y residences, one on each lot, together with any improve- ments permitted incidental to the development of a single-family residence in the appli- cable zone district." No. 12 of the Subdivision Improvements Agreement can be totally eliminated. (d) The plat shall reference the resolution of approval approving Detailed and Final Plat. 3 (e) A signature block must be included on the Final Plat for lienholders or mortgages. (f) The Final Plat should indicate what public rights-of- way are being dedicated or the dedication language should be removed from the plat. RECOMl+1ENDATION: The Planning Office and Planning Commission recom- mend approval of Detailed Submission and Final Plat approval subject to the following conditions: 1. Prior to recordation of Final Plat, the Applicant shall submit a signed agreement with the Aspen Consolidated Sanitation District to service both lots. 2. Prior to recordation of Final Plat, the applicant shall submit a Final Plat to be reviewed and approved by the Planning Office and County Attorney. The Plat shall include, in addition to the standard plat language, the following plat notes: a. No roof line of any structure on Lots 1 and 2 shall extend above the 7940' elevation line as designated on this Plat. In addition, the building envelope for Lot 1 shall be limited on the east by the 7916 foot elevation line. The intention is for the buildings not to protrude above the horizon as viewed from State Highway 82. b. The cottonwood trees on Lot 2 found to the North of the designated building envelope shall be used as a visual screen from State Highway 82 and shall not be removed. c. All utilities for Lots 1 and 2 shall be underground. d, Exterior lighting on the site is subject to the Pitkin County Exterior Lighting Code. e. Lots 1 and 2 are subject to a Nordic Trail Easement as identified on this Plat and conditions of which are outlined in an Agreement as recorded in Book at Page in the Pitkin County Clerk and Recorder's Office. f. This property is subject to an Avigation Easement as found in Book __ at Page in the Pitkin County Clerk and R.ecorder's Office. g. This property is restricted against further development. h. This property is subject to an Access Agreement as ,found in Book at Page in the Pitkin County Clerk and Re- corder's Office. i. The Plat shall reference the resolution approving Detailed Submission and Final Plat. j. The Final Plat shall indicate that public rights-of-way are to be dedicated or the dedication language shall be removed from the plat. k. The Final Plat shall include a signature blank for any lienholder or mortgagee of the property. 3. Prior to recordation of the Final Plat the Applicant shall submit a revised Subdivision Improvements Agreement to be reviewed and approved by the Planning Office and County Attorney. This Agreement shall outline and commit the subdivision to the items listed as a "a" through "h" in Condition ~2 above. In addition, this Agreement shall bind the Applicant tc extending a minimum six inch (6") dectile water main to the property and install a fire hydrant in accordance with the City of Aspen Water Depart- 4 ment's main extension policy. 4. Prior to recordation of Final Plat the proposed Trail Easement and Improvements Agreement shall be reviewed and approved by the Aspen Nordic Ski Council, Planning Office and County Attorney. 5. Prior to the recordation of the Final Plat, the Avigation Easement shall be submitted by the A~~~~?licar~t ar_d reviewed and approved by the Planning Office and County Attorney. 6. All required documents referred to in this approval must be recorded at the time of recordation of the approved plat of the Subdivision. CH.S 5 .<.r;L;vl;iz,;;; n•r 'x:23 ~>.~^. :;, ,~zrr.~~', i~~~l t~~~~r:~~l~„ I,nNrdi-.rz, ~:I~.c~~r{~~z.ri r~ ~~ c- r= j'',~ ~ RESOLUTION OF THE BOARD OF COUNTY ~~ i;,~; ~~2LC;E`f'7' i U[~` if Qt)Qn,'i1 ,_,_._ ~,~. COMP~ISSIONERS OF PITl:IN COUNTY, COLORADO, GRAPlTING GENr(ZAL SUBi~9ISSIOid APPROVAL TO THE GOf_F COURSE PftOPERTIr:S SUBDIVISION Resolution No. 81 - 69 WHEREAS, Golf Course Properties Associates, a Colorado General Partnership (hereinafter referred to as "applicant"), is the owner of record of 9.9 acres of real property more specifically described as Lot 2, Iselin Subdivision, and 41HEREAS, the applicant has requested the subdivision of said property into w two ;parcels each for single-family use, and WHEREAS, a public hearing was held before the Board of County Commissioners at their regular meeting on July 13, 1981 at which time the recommendations of the Planning and Zoning Commission, the Planning Office, referral agencies and members of the general public were accepted. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Pitkin County, Colorado, that General Submission approval for i:he.resubdivi- sion of Lot 2, Iselin Subdivision, into tyro separate parcels each for single- family +ase is hereby granted subject to the folloaving conditions: 1. The property shall be deed restricted against further development, and 2. The applicant shall verify the suitableness of i;he grades to the satin- . faction of the Aspen Metro Sanitation District, and 3. The applicant shall agree to extend the minimum six inch (6") ductile crater main to the property and install afire hydrant in accordance with the City of Aspen Water Department's main extension policy, and 4. Receipt of a road cut permit from the State Highway Department, and 5. The execution and recording of the avigation easement as approved by the County Attorney and the FAA as a condition of final plat approval, 6. The building envelope for Lot 1 should be located as far to the west as setbacks permit with the eastern edge of the envelope to be no higher than the 95 foot contour line as identified on the general ' submission plat, and 7. Development of Lot i should be restricted by a maximum height for any structure to be placed on the lot to be no higher than the 95 foot contour line as identified on the general submission plat, and 8. The building envelope for Lot 2 shall be relocated approximately 250 feet to tt;e east to a location behind the cottonwood trees and as close to the rear property line as setbacks permit. ~iiGr, r., ,, Approved by the Board of Cour~ty Commissioners at their regular meeting on .;u'fy 27, 1 ~V ~ . BOARD OF CUUf~TY COMMISSIONERS OF PITI~.IN COUNTY, COLORADO By. ~~j~~~R~ ~~ Bob Child, Chairman RTTEST: ~~~' f~`" County C erk :~ .~ ~r -%-'~ ti APPROVED AS-,TO FORM: :~ ~, . ~; ' r; ~~ ..... ''',, County P,ttorney I~iE t1ORANDU M T0: Cindy Houben, Planning Office FROi•i: Tom P'ewland, Engineering Department nr: Golf Course Properties Lot Split DATE: tray 13, lno5 T have reviec•~ed the proposed use of the roac: buc ~I_llat :~ot•~ e;cists for acco_s to the two lots. County P.oac' nesic-n ~-;t~.ncarc~s cic:tate ~. 30' «ide easor.]ent that has a ma:cimum ~rac?e of :Lc~ ~.lonc:; tl~e 1~~:>t 20' l.enctl] of the driE~e. Accorc?inr, to the plat crZran by iilz:ine :purvey in 182, all these conditions have been met. Tl2cre~=ore:, the Cou],.~~~ ;?r]c.ineeri.ng Depdrt;~]ent dp~rOVes {:i2C Ulu O~ .l~iS CO]"ii1C12 C~L'1Ve~JGy. ASPEN WATER DEPARTMENT MEMORANDUM p ~6~od~, I~ MAY - 8 ~`~ IIU T0: CINDY HOUBEN, PLANNING OFFICE FROM: JIM MARKALUNAS SUBJECT: GOLF COURSE PROPERTIES, AKA LOT 2, ISELIN SUBDIVISION DATE: MAY 7, 1985 ~ J~ rte- ~,~2~,LU~/.4- We have reviewed thet"GMP`submission for the Golf Course Property and note that under paragraph six that the applicant intends to extend the water main and install afire hydrant. It took us awhile to locate this parcel until we discovered it is the old Iselin Subdivision and it appears to be east and contiguous to the Tennis Club Subdivision. I believe we have discussed this with the applicant and see no problem with extending the existing 6" main serving the Tennis Club. However, we will want a detailed utility drawing of the main extensions prior to any construction or improvements taking place. The Water Department has no problem with the lot split and can supply water to these premises as long as application for service is made through the proper procedures. JM:ab P.S.: please also reference attached memo from December 1980 ASPEN WATER DEPARTMENT MEMORANDUM T0: RICHARD GRICE-PLANNING , FROM: JIM MARKALUNAS SUBJECT: GOLF_;COURSE,..PROPERTIES LOT SPLIT; A.K.A. ISELIN SUBDIVISION: A.K.A. TRIANGLE SUBDIVISION DATE: DECEMBER 16, 1980 It is implied that no problems would result because the applicant intends to get municipal water. Please be advised that adequate water distribution proposed property is non-existent. There is only a 10" water main in the to the Colorado Highway 82 right-of-way supplying the Airport Business Center and other properties west of Maroon Creek. Just barely running a copper service line out to the main is not ade u is hoped that the applicant would extend a minimum 6 q ate. It to the property and install afire hydrant, in accordancetwithlour mainrextension policy. If .the applicant is willing to do this, I see no reason the project should not b approved. e .-. i - %j ~; ~- i~-~ _.~ ~. j I t~ i j i , . ~;'~ MAY 1 7 1a85 `i L~ ~. ~ . __._.._. r..-- FAA DEPT-ACO T0: Tom Smith, County Attorney Jim Markalunas, Water Dept. Heiko Ruhn, ACSD Dance"Earley, Federal'Aviafion~Administr` FROM: Cindy Houben, Planning Office RE: Golf Course Properties Final Plat DATE: April 29, 1985 Attached for your review is the detailed submission and final plat on the Golf Course Properties project. Please review this material and return your referral comments to the Aspen/Pitkin Planning Office no later than Play 20, 1985, in order for this office to have adequate time to prepare for its presentation before the Pitkin County Planning and Zoning Commission on June 3rd. Thank you. 11 O ~ ~~- (- (~- R . ~~~E~-~~rt- .~~e~rr~r~:~aor .~a~rilali~m /~ ;~a~tcl , 565 NORTH MILL STREET ASPEN, COLORADO 81611 TELEPHONE ~ 925-2537 June 27, 1983 Andy Hecht Garfield & Hecht 601 E. Hyman Aspen, Colorado 81611 RE: Golf Course Properties Split Dear N,r. Hecht: After examining the plans and building envelopes of the property split alo:~ with Jim Reiser of Alpine Suz•veys this property can be serviced by gravity sewer. The maximum depth of the basements for the proposed ho~.;ses ors Lot I and Lot II should not be more than 8 ft. if there are a_ny further questions please call. Sincerely i~ ~ Heiko Kuhn, Manager Aspen Metropolitan Sanitation District .'~'~•. from the highway. (c) The criteria for development reviec•~ within the Scenic Foreground Overlay shall k~e as follows; (1) 4lhether the development has ~utili~ed er.isting topography, such a~ dry ridges and hills, to screen buildings to the maximum extent possible. (2) Whether the development has compliment the natural to boon designed to whenever possible and a I~ogr`':phy of the land, including innovative architecturalo techniques su h1Zaslearth sheltered design and clustering of structures in the least visible portions of the site. 111 so, whether the development's height and bulk has been designed to avoid, t~ the maximum extent possible, the visibility of buildings from the highway. (3) 47hether the development has avoided the location of uses on the highest ground or most visible sites from State Highway B2 . (4) 47hether the development has. been located outside of the designated Scenic Foreground, or on a suitable site at the greatest possible distance frorl the highway. (5) 4lhether the development has been landscaped in accordance with the adopted State Highway B2 C,orridor landscape guidelines and has preserved natural vegetation, to the ma;:im ~ e~:tent possible, incl udi ng av of dance of irrigated meadocos. (6) Whether the development's exterior lighting has been designed in such a manner that objectionable 1: nht sources will be incapable of being seen from Sate (7) Whether the development has utilized lanciforms and earth moving only to compliment developy7ent rather than as the principal device for screening, developr,~ent from view from the Highway Corridor. (8) 6'?hether, in the case of non-residential develcp:nent, the use has been located on a large site and has been designed so as to preserve the vast majority of the site as open space. (9) t•7hether the development has been designed so as to avoid, to the maximum extent possible, ar.y Scenic Viewplane identified on the adopted State Highc~~ay 82 Corridor Plaster Flan. (d) The Planning and Zoning Commission shall review the development for its coni'orr:,ance with the above criteria, and shall finally approve (including such revisions or conditions as may b~ appropriate) or deny the proposal at a public meeting. " Otdt•IFPIDAT ION P~.anning Office recommends your second reading• approval of the ~e code amenc~ents. - 2 MEMORANDUM TO: Pitkin County Planning and Zoning Commission FROM: Richard Grice, Planning Office RE: Golf Course Properties Subdivision - Detailed Submission DATE: September 6, 1983 General Submission approval was granted by the Board of County Commissioners for this subdivision on July 27, 1981, subject to conditions found in the attached Resolution No. 81-69. At that time, the principle issues under discussion related to the water supply plan, road cut on to Highway 82, avigation easement, sewage disposal, and the most significant issue related to the visual impact of this proposed subdivision. The Land Use Code requires a Section 6-3.4(d)(4)(B), that approval of any general submission is valid for only one year from the date of the Board approval "unless, for good cause shown, the Board extends the time period." The applicant, in his attached letter argues that the detailed submission was submitted on July 22, 1982, within one year of the general submission approval, but admits that certain items were incomplete in that submission. In accordance with the Planning Office's common administrative policy any incomplete application is no application at all. However, we know of no circumstances which have changed signifi- cantly since this approval which would alter the application's approvability under the Land Use Code. Therefore, we will recommend to the Board that the time period be extended to permit the processing of this application. The Aspen Metro Sanitation District has been satisfied that the grades from the proposed two building sites to the trunk line do permit service by gravity sewer. H. Kuhn, manager of the Aspen Metro Sanitation District, did recommend that the maximum depth of basements for the proposed houses on both Lots 1 and 2 not exceed eight feet (8'). An avigation easement was submitted in the General Submission stage of this application which has been approved by the County Attorney. The execution and recording of that avigation easement should be accomplished prior to the recording of the final plat. The City of Aspen Water Department continues to indicate that it can provide the necessary water supply provided the applicant meet the City's main extension policy which includes the extension of a 6" ductile water main, installation of a fire hydrant, and looping of the new water main in order to provide two connections to the City of Aspen's water system. As of the time of this writing we have not received comment from from the State Highway Department. We understand from the applicant that the State Highway Department has no problems with issuing the road cut permit although they have yet to do so. However, the County Engineer feels very strongly that a new access point onto Highway 82 to serve these two residences should not be permitted unless that access point also serves the existing residence located on the adjacent parcel. The existing residence has an access point which, according to the Detailed MEMO RE: Golf Course Properties Subdivision Detailed Submission September 6, 1983 Page Two Submission drawing, would only be a few feet west of this new access point. The Planning Office recommends that a condition of this approval require that the consolidated access which will serve the two proposed new dwelling units to be constructed on this property be made available to serve the existing house located on Lot 1, Iselin Subdivision. The Planning Office contines to find the potential visual impact of this subdivision to be the major area of concern. The applicant has once again brought up the issue by proposing an amended building envelope from that which was approved at General Sub- mission. The applicant's proposed amended building envelope would permit the maximum height of the structure to be five feet higher than was approved at general submission. Therefore, the Planning Office has conducted another site inspection and reevaluated our position taking into consideration the goals and objectives of the SH 82 Corridor Land Use Plan. We are now of the opinion that the building envelope can be reduced and yet still be large enough to accommodate a huge house on one level. At General Submission, the maximum height of the structure to be constructed on Lot 1 was limited to "no higher than the 95 foot contour line as identified on the General Submission plat." We are concerned that a height limit based upon a contour on the ground will be difficult for the Building Department to administer. We feel that the purposes of limiting construction to a building envelope can be met and the applicant will continue to enjoy reasonable use of his property if the eastern boundary of the building envelope were lowered five feet from that which was approved at general submission, and a simple fourteen foot height limit imposed for construction on the lot. The resulting building envelope would permit the construction of a house approximately 250 feet square on one level totalling over 60,000 sq. ft. Of course, we do not expect that the ultimate purchaser would construct such a house, we mention the possibilities only to indicate to you the adequacy of the building envelope we are proposing. The building envelope which was approved for Lot 2 at General Submission meets the objectives of the County scenic policy. We would approve this building envelope as described on Detailed Submission plat. The Planning Office recommends General Submission approval of the Golf Course Properties Subdivision subject to the following conditions: 1. The applicant shall execute and record the avigation easement prior to the recording of the final plat. 2. The maximum depths of basements for the residences to be constructed on Lots 1 and 2 shall not exceed eight feet (8') from grade. 3. The applicant shall meet the City of Aspen Water Department's main extension policy, pay all of the costs associated with meeting that policy, extend a minimum six inch (6") ductile water main to the property, install a fire hydrant and loop the new water main in order to connect to the water system in two separate points. MEMO RE: September Page Three Subdivision 4. The applicant will provide an access easement for the existing residence on Lot 1, Iselin Subdivision, permitting use of the new Highway 82 access cut by all three residences. The applicant will offer to provide the owner of Lot 1 with a usable alternate access through the subject property. 5. The eastern boundary of the building envelope on Lot 1 shall be the 7913 contour as identified on the detailed submission plat. The maximum heighth of any structures on Lot 1 shall be limited to fourteen feet (14'). 6. The final plat shall include a note on the plat indicating that this property is deed restricted against further development. Golf Course Properties Detailed Submission 6, 1983 7. The building envelope for Lot 2 shall be as indicated on the Detailed Submission plat. I ~~llllllll llL.a ~1L1 ~ llllJle ~Jlll~y ll e~o RONALD GARFIELD ATTORNEYS AT LAW TELEPHONE ANDREW V. HECHT VICTORIAN SQUARE BUILDING (303) 925-1936 TELECOPIER 601 EAST HYMAN AVENUE (303) 925-3008 KATHERINE HENDRICKS CABLE ADDRESS WILLIAM K. GUEST, P.C. ASPEN, COLORADO 81611 "GARHEC" June 30, 1983 Mr. Richard Grice Aspen-Pitco Planning Department 130 South Galena Street Aspen, Colorado 81611 Re: Golf Course Properties Lot Split Dear Richard: On behalf of Golf Course Properties Associates, a Colorado General Partnership (hereinafter referred to as "Applicant"), I am submitting this letter as an application for detailed submission approval for the above referenced lot split. The subdivision is a lot split pursuant to the general submission approved by Resolution No. 81-69 ("Resolution"). Although a detailed subdivision approval was submitted on July 22, 1982 within one year of the general submission approval there were certain items incomplete in that submission. Since nothing has changed since the original approval, the Applicant requests that the Board of County Commissions grant the Applicant an extension of the one year limitation if such extension is required to approve this application. I am submitting in support of the application the following documents: 1. A copy of the Resolution approving general submission. 2. Seven copies of the detailed submission map and final plat. The Applicant requests that since all items relative to the submission have been satisfied that the detailed submission and final plat be approved at the same time. 3. A letter from Heiko Kuhn regarding the suitability of grades for sewer service. 4. As we discussed you have in your possession an easement approved by the County Attorney and FAA for an avigation easement. '~„° '~YLV~~~1G~~ CX Illllle~lJllll H y ~e V e Mr. Richard Grice June 30, 1983 Page 2 5. At the request of the County Engineer we will use the same road cut that now exists for access to the adjacent property. In a telephone conversation with a member of the State Highway road cut committee, I was told we should have no difficulty in obtaining a permit. I request that this application be approved upon the final condition that the permit issue before the recording of the final plat. The application has been filed and a copy is submitted with this letter. 6. The building envelopes discussed in the Resolution were intended to insure that improvements on the two lots would not protrude above the top of the highest shrubs as seen from the edge of Highway 82. After marking both building envelopes with flags it can be shown that the envelopes proposed on the final plat, although they vary from the 95 foot contour line delineated in the Resolution do nevertheless satisfy the requirements for mitigating visual impact. Very truly yours, ~._ Andrew V. Hecht AVH/mlc Enclosures cc: Mr. Ed Podolak ~. ,~ F :~ I,1(,~, pA~ 7~~~( 1IIf'!7I1f7~N~7IIf 1IIf~I,1~~77~~1IM~1,1/~,7Iff1A1 7~~r7~ 1,I/~I ~YL 11Il 11ll ll1Le ll.eLl' ~ IlIl1Le VYY~y Il o `V o RONALD GARFIELD ATTORNEYS AT LAW TELEPHONE ANDREW V. HECHT VICTORIAN SQUARE BUILDING (303) 925-1936 TELECOPIER 601 EAST HYMAN AVENUE (303) 925-3008 KATHERINE HENDRICKS CABLE ADDRESS WILLIAM K. GUEST, P.C. ASPEN, COLORADO 81611 "GARHEC" October 27, 1983 ~~~' ` ~~ ~ • ~~ r fi k s ~ !~ ~~ ~~ SGT 2 i ~~~~ ~: ~. HAND DELIVERED ~ " '~~~ Mr. Richard Grice Planning Office 130 S. Galena St. Aspen, CO 81611 Re: Golf Course Properties Lot Split Dear Richard: The applicant for the Golf Course Properties Lot Split requests the planning office and the Planning and Zoning Commission view the property to see the poles placed at the maximum height of any future development and requests you and the commission view those poles to determine that such height limit will be acceptable. The Parks association has also been advised that the poles are in place. I understand that the poles will be up for approximately 10 days from the date of this letter. Thank you for your cooperation. Sincerely, ~_ ..._ ,_ ~. ,. Andrew V. Hecht AVH/mlc GARFIEL® &HECHT ATTORNEYS AT LAW RONALD GARFIELD VICTORIAN SQUARE BUILDING \ TELEPHONE ~ ANDREW V. HECHT - 4 - (303) 925-1936 601 EAST HYMAN AVENUE ' _, TELECOPIER _ {{,~ CRAIG N. BLOCKWICK ASPEN, COLORADO 81611 y~ (303) 925-3008 K. ROULHAC GARN ~ ? BLE ADDRESS RICHARD Y. NEILEY, JR. June 19 , 1981 "GARHEC" r i ~ • ,, ., , ~~ ` . Heiko Kuhn Aspen Metropolitan Sanitation District 565 No rth Mill Aspen, C~plorado 81611 Re: Golf Course Properties Lot Split Application Dear Heiko: Enclosed Golf Course as indicate back of the recommended proposed by is a copy of the survey map of the Properties with the proposed lot split ~. The building envelopes are to the lot; I have indicated the envelopes by the P & Z in red while the envelopes Golf Course Properties are in blue. This lot is across Highway 82 from the Golf Course; it is about .3 miles north of the ~•iaroon Creek Road and there is an old fence gate at the far north end of the property. Please let me know of your engineer's conclusion concerning. grades. I would .appreciate it is you would return .the map when you're finished as its the only copy I have; I'm enclosing an addressed, stamped envelope for this purpose. Thanks so much for your assistance. Cordially, ~_? K. Roulhac Garn cc: Richard Grice Bob Freemuth FOR YOUR INFORMATION MEMORANDUM T0: County Attorney County Engineer City Water State Highway Department Glenn Horn, Planner PLANNER: Richard Grice RE: Golf Course Properties Lot Split - Detailed Submission DATE: July 8, 1983 Attached is a letter of application for detailed submission approval for the Golf Course Properties Lot Split. The subdivision is a lot split pursuant to the general submission approved by Resolution No. 81-69. Please review the letter and attached plat, and return your comments to the Planning Office by August 22. Thank you. MEMORANDUM T0: Richard Grice, Planner FROM: Glenn Horn, Planner RE: Golf Coruse Properties Lot Split DATE: August 22, 1983 I have looked over the detailed submission for the Golf Course Properties lot split. Development of the subject site is entirely inconsistent with the goals and objectives of the SH82 Corridor Land Use Plan. In my opinion, of all the land in the SH82 Corridor the subject site should have the highest priority for retention as open space. Given the lack of funds required to acquire the Golf Course Properties parcel, we must work with the site plan to minimize the impact of the structures upon the Pyramid Peak View plane. The proposed buildings should be located on .the periphary of the site on the lowest ground possible. I also recommend a 14 foot height restriction. It is hard to visualize the building sites by looking at the site plan. It would be helpful if the building sites were staked for a site inspection by staff .and/or P&Z. Based upon my review of the site plan I think that the building envelope on the west side of the parcel should be restricted. Another idea which you might want to think about is the possibility of the applicant dedicating a small piece of the site contiguous with SH82 as a wayside station for tourists who may wish to pull off the highway to take photographs of their mothers-in-law standing in front of Pyramid Peak. The wayside station could probably be accomplished through an easement. CITY QF .ASPEN 130 south galena street aspen,' Colorado 81611 303-925 -2020 WATER DEPARTI~EIVT MEPTORANDUM T0: RICHARD GRICE, PLANNER FROM: JIM MARKALUNAS DATE: JULY 2©, 1983 RE: GOLF COURSF. PROPERTIES LOT SPLIT -YOUR 7/8/83 MEP40 No mention was made in this application as to how the Lot Split intends to obtain water. If the Lot Split intends to use a private well, the Water Department of course, is not involved. If the Lot Split intends to extend the main to service lots 1 and 2, then of course, the appli- cant will need to apply for a Main Extension. This will require the extension to meet certain requirements of the City. One of the stan- dards, which you well know Richard, is that we will want to effect some kind of looping with the adjacent subdivision. Until I can obtain more specific information, this is the extent of my comments pertinent to this application. JM:lf f ;:;y ~ '=~ i ~ :i , , ..--~-y~ t~6 ~~ \\\1 j 4 ~ ~ ~ ~ 1 . t. ~ + f ~~ `~ ~ ; 1 ` r`` 7 ~~~~ ~LLe~~~I~L ~tinc'l~rl~um ~r:~l~u~ 565 NORTH MILL-STREET ASPEN, COLORAQO 81611 TELEPh1~hlE /j 925-2537 June 27, I-983 Andy Hecht Garfield & Hecht 601 E. Hyman Aspen, Colorado 81611 RE: Golf Course Properties Split Dear Mr. Hecht: After examining the plans and building envelopes of the property split along with Jim Reiser of Alpine Surveys this property can be serviced by gravity sewer. The maximum depth of the basements for the proposed houses on Lot I and Lot II should not be more than 8 ft, if there are any further questions please call. Sincerely l~ ~- Heiko Kuhn, Manager Aspen Metropolitan Sar_itatian District DEPARTMENT OF HIGHVAYS DaCc..,.:. aCCeptance by STATE OF COLORADO Issuing Authority DIVISION C)P HIGHWAYS DOIi form No. 137 AFPLICA~I~N FOR ACCESS A{~PR4ACFi PERM1~ Rev. Septem5er, "1982 fNSTRUCTIONS: Complete this form and attach all necessary documents prior to subniittirig it to the issuing authority. Check with the issuing authority for what plans and other documents are required to be submitted with your application. Contact the nearest office of the Department of Highways nr your local government to determine the issuing authority. Some questions may not apply to you. Contact the issuing autharity for questions. 1. Applicant t;,olf COUrse Pro~rties, Associates Name a Phone 925-1936 Address c~Garfield & Hecht. 1 City ~sp~n State m 7_ip Slbll,- 2. Property Owner (Permitteej East Hyman Avenue Name S~tte as ala~licant Phone Address City T~_ State ?ip 3. Address of Property to be served by Permit (if it has an address) _ do address 4. Legal description of property Subdivision Iselin ,Block ,Lot 2 Section 11 ,Township 1 n~ Range 85L~p.M, 5. The requested access approach would be located on the South :side of State Highway 82 , a distance of approximately 2112 feet East from milepost 39 Precise location of the proposed access approach may be required to be illustrated on plans or maps. The applicant expects to begin construction on or about Pall of 83 (Datej. 6. Is there existing access to the property? Yes , No ~_ If so show on plan. Do other existing or dedicated public streets, roads or highways abut the property? Yes , No ~_. List them or show on plans. 7. For commercial and industrial requests answer the following: a. How many businesses will be served? b. What types of businesses will be served and what is the floor area square footage of each. Not ap}?I~.icable 8. For an agricultural field access, how many acres will the access serve? Not applicable 9. For residential development provide type(s), e.g., single family, apartments, townhouses, and number of dwelling units to be served. 2 single f~nily dwelling units 10. What is the anticipated average daily traffic volume count for each vehicle type that will be using this access approach? (Leaving property then returning is two counts) If this question is not answered, the issuing authority will make an estimate based upon standard references. Number of passenger cars 4 Multi unit trucks Heavy single unit trucks Farm vehicles Other, (specify) 11. The following documents may be required by the Issuing Authority to complete their review of the application. Submitted plans should be no larger than 24" x 36". a. Highway and driveway plan and profile. b. Complete drainage plan showing impact to the highway right-of-way. c. Map and letters detailing utility locations before and after development in and along the right-of-way of the highway. d. A subdivision zoning or development plan. e. Property map indicating other access approaches and abutting public roads and streets. f. Proposed access approach design. 12. If an access permit is issued pursuant to this application, the terms and conditions of the permit shall be based in part upon the information provided by the applicant. Changes in the. use of the permitted access approach that are not consistent with the terms and conditions of the permit or this application may be considered a violation of the permit. _ THE APPLICANT HEREB GLARES HAT A I fZMA ROVIDED ON THIS FORM AND ANY SUBMITTED ATTACHMENT(S) F T PURPOS OF B N CESS APPROACH PERMIT ARE TO THE BEST OF HIS KNOWLEDGE COR ND CO T . SIGNATURE(X) ~ DATE r~'~.2~j~" ~ 3 Relationship to roperty. (owner? ee?, please specify.) ~/~ ~~~ Since an approved access approach becomes an important and integral part of the property, we require that when the applicant is not the surface rights owner the property, this application must also be signed by the surface rights owner or his legally authorized represent e,(or other acceptable written evidence) concurring in [his application. If a permit is a~;rthorized, the property owne wi (fie listed as the permittee. The authorized access permit may be recorded in the county of record. Property Owner (X) __ date SUBDIVISION IMPROVEMENTS AGREEMENT FOR GOLF COURSE PROPERTIES "LOT SPLIT" SUBDIVISION Golf Course Properties Associates (hereinafter "Owner") for itself and for its successors and assigns, in consideration for the granting of an exception from the full subdivision process for the purpose of creating two (2) separate lots as depicted on the plat for the Golf Course Properties "Lot Split" Subdivision recorded in Book at Page in the records of the Pitkin County Clerk and Recorder, hereby covenants with Pitkin County, Colorado (hereinafter the "County"), to restrict said property, and hereby does restrict said property as follows: 1. Owner represents it is the record title owner of Lot 1 and Lot 2 of the Golf Course Properties "Lot Split" Subdivision (hereinafter said lots shall be referred to as the "Property"), more particularly described on the Plat thereof recorded 1985 in Book at Page in the office of the Pitkin County Clerk and Recorder. 2. The Property shall be restricted to the development of two (2) single family residences together with any improvements permitted incidental to the development of a single family residence in the applicable zone district. 3. Owner shall extend a six inch (6") dectile water main to the Property and install a fire hydrant in accordance with the City of Aspen Water Department's main extension policy. 4. No roof line of any structure on Lots 1 and 2 shall extend above the 7,940 foot elevation line as described on the Plat for the Golf Course Properties "Lot Split" Subdivision. In addition, the building envelope for Lot 1 shall be limited on the eastern edge by the 7,916 foot elevation line. 5. The cottonwood trees on Lot 2 found to the North of the designated building envelope shall be used as a visual screen from State Highway 82 and shall not be removed. 6. All utilities for Lots 1 and 2 shall be underground. 7. Exterior lighting on the site is subject to the Pitkin County Lighting Code. 8. Owner agrees to provide a Nordic Trail Easement for use as a cross country ski trail during the winter months, but excluding all motorized vehicles, hiking, biking or any other uses except cross country skiing. Said Nordic Trail Easement shall exist only during the winter months and any use thereof by the County, the public or any other party except Owner, its successors or assigns during the spring, fall or summer months shall be prohibited. The legal description of this easement is delineated on the aforesaid Plat for the Golf Course Properties "Lot Split" Subdivision. However, such easement shall not become effective until the County shall provide adequate insurance as reasonably required by Owner to insure against any loss or damage occasioned by the public use of such easement. Such easement shall not become effective until the County shall furnish to Owner a Certificate of Insurance evidencing that such insurance has been obtained. The County shall further agree to maintain such easement in a clean condition, free from all debris. The easement shall be granted to the County and shall be restricted to customary public cross country trail use. The County may require an easement to be recorded only upon the occurrence of all the above described conditions. In the event the County, its successors or assigns breaches any of the covenants herein and fails to cure such breach within ten (10) days after written notice of such breach or hand delivered to the County Attorney, the County shall be deemed to be in default of its obligations hereunder and Owner, its successors or assigns shall have the right to terminate said Nordic Trail Easement by recording a Notice of Termination executed by Owner in the real estate records for Pitkin County, Colorado. 9. The property shall be subject to an Avigation Easement as found in Book at Page of the records of the Pitkin County Clerk and Recorder. 10. The property shall be subject to an Access Agreement as found in Book at Page of the records of the Pitkin County Clerk and Recorder. 11. This Subdivision Improvements Agreement shall be binding upon the parties hereto, their successors and assigns. IN WITNESS WHEREOF, this Declaration has been duly executed this day of 1985. GOLF COURSE PROPERTIES ASSOCIATES BY: General Partner STATE OF COLORADO) ss COUNTY OF PITKIN ) The foregoing instrument was acknowledged before me this day of 1985 by as General Partner of Golf Course Properties Associates. WITNESS my hand and official seal. My commission expires: Notary Public My address is: -2- NORDIC TRAIL EASEMENT WHEREAS, Golf Course Properties Associates, a Colorado general partnership ("Owner") is the owner in fee of certain real property situated in Pitkin County, Colorado, more particularly described as follows: All areas marked "Nordic Trail Easement" upon the recorded Plat of Golf Course Properties "Lot Split" Subdivision, said Plat being recorded in Plat Book at Page of the records of the Clerk and Recorder of Pitkin County, Colorado. NOW, THEREFORE, Owner for itself, its successors and assigns, does hereby grant, bargain, sell and convey unto Pitkin County, Colorado ("County"), its successors and assigns for the use and the benefit of the public, a non-exclusive easement for use as a cross country ski trail during the winter months, but excluding all motorized vehicles, hiking, biking, or any other uses except cross country skiing. This easement shall exist only during the winter months and any use thereof by the County, the assigns, during the spring, summer or fall months shall be prohibited. This easement shall not become effective until the County shall provide adequate insurance as reasonably required by Owner to insure against loss or damage occasioned by the public use of such easement. Such easement shall not become effective until the County shall furnish to Owner a Certificate of Insurance evidencing that such insurance has been obtained. The County shall further agree to maintain such easement in a clean condition, free from all debris. This use and the County shall not record this easement except upon the occurrence of all of the above described conditions. In the event the County, its successors or assigns breach any of the covenants herein and fail to cure such breach within ten (10) days after written notice of such breach is mailed or hand delivered to the County Attorney, the County shall be deemed to be in default of its obligations hereunder and Owner, its successors or assigns shall have the right to terminate this easement by recording a Notice of Termination executed by Owner in the real estate records for Pitkin County, Colorado. IN WITNESS Trail Easement this WHEREOF, Owrier day of GOLF COURSE PROPERTIES ASSOCIATES, a Colorado general partnership BY: STATE OF COLORADO 1 COUNTY OF PITKIN ) I hereby Easement was ack~ 1985 partner of Golf partnership. SS acknowledge that the foregoing Nordic Trail zowledged before me this day of by as general Course Associates, a Colorado general WITNESS my hand and official seal. My commission expires: has executed this Nordic 1985. Notary~Public My address is: COPY NORDIC TRAIL EASEMENT WHEREAS, Golf Course Properties Associates, a Colorado general partnership ("Owner") is the owner in fee of certain real property situated in Pitkin County, Colorado, more particularly described as follows: All areas marked "Nordic Trail Easement" upon the recorded Plat of Golf Course Properties "Lot Split" Subdivision, said Plat being recorded in Plat Book at Page of the records of the Clerk and Recorder of Pitkin County, Colorado. NOW, THEREFORE, Owner for itself, its successors and assigns, does hereby grant, bargain, sell and convey unto Pitkin County, Colorado ("County"), its successors and assigns for the use and the benefit of the public, a non-exclusive easement for use as a cross country ski trail during the winter months, but excluding all motorized vehicles, hiking, biking, or any other uses except cross country skiing. This easement shall exist only during the winter months and any use thereof by the County, the assigns, during the spring, summer or fall months shall be prohibited. This easement shall not become effective until the County shall provide adequate insurance as reasonably required by Owner to insure against loss or damage occasioned by the public use of such easement. Such easement shall not become effective until the County shall furnish to Owner a Certificate of Insurance evidencing that such insurance has been obtained. The County shall further agree to maintain such easement in a clean condition, free from all debris. This use and the County shall not record this easement except upon the occurrence of all of the above described conditions. In the event the County, its successors or assigns breach any of the covenants herein and fail to cure such breach within ten (10) days after written notice of such breach is mailed or hand delivered to the County Attorney, the County shall be deemed to be in default of its obligations hereunder and Owner, its successors or assigns shall have the right to terminate this easement by recording a Notice of Termination executed by Owner in the real estate records for Pitkin County, Colorado. IN WITNESS WHEREOF, Owner has executed this Nordic Trail Easement this ,- 1'~`~ day of October, 1985. GOLF COURSE PROPERTIES ASSOCIATE - a Colora ge~~al partne ~ f / I /~l ~ BY ~~~ ~ ~ ~% ~ '7 L~ Edwar J . o General Pa ne STATE OF COLORADO ) ss COUNTY OF PITKIN ) I hereby acknowledge that the forec~~ing Nordic Trail Easement was acknowledged before me this ~'~ day of October, 1985 by Edward J. Podolak as General Partner of Golf Course Associates, a Colorado general partnership. WITNESS my hand and official seal. My commission expires: ••~ \ \~ ~ ~~ ~ ~ - ~ Notary blic ,. M addr s is : ~ l ~ ' ~• -~ -2- COPY AVIGATION EASEMENT WHEREAS, Golf Course Properties Associates, a Colorado general partnership ("Owner") is the owner in fee of certain real property situated in Pitkin County, Colorado, more particularly described as follows: Lot 1 and Lot 2, Golf Course Properties "Lot Split" Subdivision, more particularly described on the Plat thereof recorded 1985 in Book at Page in the records of the Pitkin County Clerk and Recorder. together with all its improvements and appurtenances ("Property"); NOW THEREFORE, ire consideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Owner for itself, its successors and assigns, does hereby grant, bargain, sell and convey unto Pitkin County, Colorado ("County"), its successors and assigns for the use and the benefit of the public, an easement and right of way appurtenant to Sardy Field for the passage of all aircraft; by whomsoever armed and operated, in all airspace above the surface of Owner's Property to an infinite height above said Property together with the right to cause in such airspace above the surface of the Property such noise, vibrations, fumes, dust, fuel particles and other affects that may be caused by the operation of aircraft landing or departing from or operating at or on said Sardy Field. For purposes of this Avigation Agreement, aircraft is defined as being anything now known or hereafter invented, used or designed for navigation of or flight in the air. Owner hereby waives, remises and releases to the County any right or cause of action which it may now have or which it may have in the future against the Ccunty, its successors and assigns, due to such noise, vibration, fumes, dust, fuel particles and other effects tha± may be caused by the operation of aircraft landing or departing frc*n or operating at or on Sardy Field. TO HAVE AND TO HOLD said easement and right of way and all rights pertaining thereto unto the County, its successors and 1 A assigns until said Sardy Field shall be abandoned and shall cease to be used for public airport purposes, it being understood and agreed that the covenants and agreements herein contained shall run with the lard. IN WITNESS WHEREOF, Owner has executed this Avigation Agreement this ~~-day of October, 1985. GOLF COURSE PROPERTIES ASSOCIATES, a Colorado ral partner~ip ~ ~ BY: STATE OF COLORADO ) ss COUNTY OF PITKIN ) ~;awarct ~ . Y ~ General Pa er I hereby acknowledge that the foregoing Avigation Agreement was subscribed and sworn tc before me this (~~~" day of October, 1985 by Edward J. Podolak, as General Partner for Golf Course Associates, a Colorado general partnership. WITNESS my hand and official seal. My commission expires: ~~`~r ~1 ~, ) ~ ~ ~~ ~ l Notary u lic M addr i s: }~ ~ ~ •• ~ -2- h1E t10RANDU M T0: Cindy Houben, Planning Oif i.re FROI1: Tom r'ewlanc]p Engineering Department P.E: Golf Course Properties T.ot Split DATE : N1ay 13, 1 nos T have reviec~~ec; the prorosec7 use of the road but :.hat no~~~ e:cists for to the two cots. County P.oac? De~ic;n Stancarus clict~te ~ 3 ~vioe a cc e : s z ~~ ~• ~? , easement that has a maxim urn grade of :~~~~ ~.:lon<:; the la et 20' 1_encih of tine drive. According, to the slat ara~an by i~l?:inF .surveys in 1n~2, all these conditions have been r~let. There:ore., the Coui.~~_~ i?nc;ineering Department ap?~>roves tine uCe oi' this cor"~noi~ c.riveeaa~~. ASPEN WATER DEPARTMENT MEMORANDUM D MAY - g I~ ~~ T0: CINDY HOUBEN, PLANNING OFFICE FROM: JIM MARKALUNAS SUBJECT: GOLF COURSE PROPERTIES, AKA LOT 2, ISELIN SUBDIVISION DATE: MAY 7, 1985 ~' We have reviewed the tGMP,,submission for the Golf Course Property and note that under paragraph six that the applicant intends to extend the water main and install afire hydrant. It took us awhile to locate this parcel until we discovered it is the old Iselin Subdivision and it appears to be east and contiguous to the Tennis Club Subdivision. I believe we have discussed this with the applicant and see no problem with extending the existing 6" main serving the Tennis Club. However, we will want a detailed utility drawing of the main extensions prior to any construction or improvements taking place. The Water Department has no problem with the lot split and can supply water to these premises as long as application for service is made through the proper procedures. JM:ab P.S.: please also reference attached memo from December 1980 Y ASPEN WATER DEPARTMENT MEMORANDUM T0: RICHARD GRICE-PLANNING FROM: JIM MARKALUNAS SUBJECT: GOhI?'COURSE;.;~ROPERTIfiS: LpT SPLIT; A.K.A. ISELIN SUBDIVISION: A.K.A. TRIANGLE SUBDIVISION DATE: DECEMBER 16, 1980 It is implied that no problems would result because the applicant intends to get municipal water. Please be advised that adequate water distribution to proposed property is non-existent. There is only a 10" water main in the the Colorado Highway 82 right-of-way supplying the Airport Business Center and other properties west of Maroon Creek. Just barely running a copper service line out to the main is not ade ua is hoped that the applicant. would extend a minimum 6" ductile iron water main to the Q te• It property and install afire hydrant, in accordance with our main extension policy. If .the applicant is willing to do this, I see no reason the project should no approved. t be .-. ~ :t ~~: ~ _ / ;, , ~ ~ ~ .. ~ ,' ~ ,. ME MORAt~1 DU M TD: Board of County Commissioners FRO P1: Alan P.ichman, Planning Office RE: Public Hearing: Implementation of Scenic Foreground Overlay DATE : t•iay 28, 1985 PIIRPOS E The State Highway 82 Corridor 1'•taster Plan and the Roaring Fork E~.st neighborhood Plan identify a scenic foreground, reflecting those lands proximate to and most visible from the highway which constitute the visual entrance image to Aspen. The Plan's goals and objectives state that the purpose of establishing the scenic foreground is to steer.. development away from the most highly visible sites so as to obtain an aesthetically pleasing, rural approach to town. V1hen you imposed an administrative delay and temporary rer:ulatior,s in the AF-2 and AF-2 PIJD zone district, ;ve indicated to you that implement- ation of a scenic foreground review mechanism c:~ould be one of the ;,lost effective tools to address visual .concerns ~•~ithin both entrances to to~•~n. The proposal before you today would establish a one-step revie~•~ scenic foreground procedure- before the Planning and Zoninc, Cormission. Development subject to the revie~•~ includes "anv construction or grading activity cwhich changes ,the basic character or use of a parcel of land or which significantly alters the visibility of an existing use from the high;~ay", and t•~hich is ~•~ithi n or crossed by the Srer.ic Foreground Overlay on our zoning maps. Try reviec•~'s purpose mould be to provide criteria to guide development to Lhe cost visually aporopriate location or. the site and to guide the fo. ~~ that develoYr;ent ta~;es so that it compliments the site's natural features. PROPOSED CODE At•IENDI•IErITS The amer.crnents before you today are as follows: 1. Amend Section 3-1.1 to establish an "SFO-Scenic Foregro~snd Overlay". 2. Revise zoning maps to identify the extent of the overlay line. 3. Establish anew Section 3-1.13 of the Code to read as folloc•~s: "3-1.13 Scenic Foreground Overlay (a) The intent of the Scenic Foreground Overlay is to establish a scenic resource area which includes only those lands which are pro:•;imate to and most visible from State Highway 132 within the Aspen t'etrn Area and which consti Mite the visual entrance image to Aspen on its eastern and western limits.. The purposes of establishing the Overlay are to steer development away frcm the most highly visible sites on lands within the High~~ray Corridor and to insure that developments are desic_ned to compliment the natural features within the highway Corridor so as to obtain an aesthetically pleasing, rural approach to town. (b) Development on any parcel of land which falls within or is crossed by t'ne Scenic Foreground Overlay on the officially adopted Pitf:in County Zoning f•iaps shall be subject to review ~ , to determine the conformance of the develc•t~ment with the evaluation criteria identified bcrlow. Development. shall be defined as any construction or r_,rading activity which chane3es the basic r'naracter or use of a parcel of. land or which significantly alters the visibility of an existing use .. 1 _ -/ from the highway. (c) The criteria for development reviec~~ within the Scenic Foreground Overlay shall tie as follows: (1) 47hether the development has utilized er.isting topography, such as dry ridges and hills, to screen buildings to the maximum extent possible. (2) 47hether the development has been designed to compliment the natural topography of the land, including whenever possible and appropriate, the utilization of innovative architectural techniques such as earth sheltered design and clustering of structures in the least visible portions of the site. Also, whether the development's height and bulk has been designed to avoid, t~ the maximum extent possible, the visibility of buildings from the highway. (3) Whether the development has avoided the location of uses on the highest ground or most visible sites from State Highway 82 . (4) Whether the development has. been located outside of the designated Scenic Foreground, or on a suitable site at the greatest possible distance from the highway. (5) 47hether the development has been landscaped in accordance s>>ith the adopted State Highway 82 Corridor landscape guidelines and has preserved natural vegetation, to the maxims e~:tent possible, including avoidance of irrigated meadows. (6) Whether the development's exterior lighting has been designed in such a manner that objectionable 1~ aht sources will be incapable of being seen from S',:~te Hi c~hwa1~ ~~ (7) Whether the development has utilized lanciforms and earth moving only to compliment development rather than as the principal device for screening development from view from the Higlnvay Corridor. (8) 47hether, in the case of non-residential development, the use has been located on a large site and has been designee so as to preserve the vast majority of the site as open space. (9) t:'hether the development has been designed so as to avoid, to the T?Taximum extent possible, ary Scenic Viewplane identified on the adopted State High~~~ay 82 Corridor Master Flan. (d) The Planning and Zoning development for its conforr;ance shall finally approve (including as may b` appropriate) or deny meeting. " SCOl4t•IEPIDAT ION Commission shall review the caith the above criteria, and such revisions or conditions the proposal at a publi c he P~.anning Office recommends your second reading approval of the rove code amendments. - 2 - ``~__i ;ter ~ r:("'~r{ , r-, ~ ~, _, , r,. - ~ , ~ , L~~, MAY 1 7 1..&~ ,. .....-.e+i M+. FAA DEN-ADO TO: Tom Smith, County Attorney Jim Markalunas, Water Dept. Heiko Kuhn, ACSD 222 . Dance Earley, Federal Aviation Administr ~?~ ~ O V ~5 r FROM. Cindy Houben, Planning Office 15 L5 l"~ IS ,~(~ MAY 2 2 1y~5 RE: Golf Course Properties Final Plat DATE: April 29, 1985 Attached for your review is the detailed submission and final plat on the Golf Course Properties project. Please review this material and return your referral comments to the Aspen/Pitkin Planning Office no later than tiay 20, 1985, in order for this office to have adequate time to prepare for its presentation before the Pitkin County Planning and Zoning Commission on June 3rd. Thank you. 1 `~ ©~ ~ ~-~: a •..... -1- r^o-.,..~ G....._. c~ v : c~~~- i cam. .~ ~ f~- R . .~J4len /`reGrnfi~r~nn .ya~rira.li~rr Jw~~r.'c,! 565 NORTH MILL STREET ASPEN. COLORADO 81611 TELEPHONE / 925-2537 June 27, 1983 Andy Hecht Garfield & Hecht 601 E. Hyman Aspen, Colorado 81611 RE: Golf Course Properties Split Dear Mr. Hecht: After examining the plans and building envelopes of the property split along with Jim Reiser of Alpine Surveys this property can be serviced by gravity sewer. The maximum depth of the basements for the proposed houses on Lot I and Lot II should not be more than 8 ft. if there are any further questions please call. Sincerely Id.:-~ ~.....lL Heiko Kuhn, Manager Aspen Metropolitan Sanitation District AGREEMENT '~ O r ~_ r'~~ ~'~'~' ~/~ THIS AGREEMENT, made this ~_ day of , 19II3, by and between RODGER V. LYONS A:~D JEA_V '~. LYCNS, on the one hand ("Grantee") and GOLF COURSE PROPERT?ES ASSOCIATES, a Colorado General Partnership on the other hand ("Grantor"): WHEREAS, Grantee owns in fee simple the parcel of land which is more particularly described in Exhibit "A" attached hereto and incorporated herein by this reference (the Grantee Parcel); and WHEREAS, access to the Grantee Parcel is currently directly from Highway 82 (the Grantee Easement): and WHEREAS, Grantor owns in fee simple the parcel of land which is more particularly described ii1 Exhibit "B" attached hereto and incorporated herein by this reference (the Grantor Parcel} : and ~•7HEREAS, Grantor, after it receives final plat approval from Pitkin County for subdivision of Grantor's Parcel }mown as the "Golf Course Properties Lot Split" as evidenced by a recorded plat therefor agrees to relocate the Grantee Easement and Grar.te2 is willing to permit such relocation upon the terms ar.d conditions hereinafter set forth, NOW, THEF,EFORE, in consideration of the 1;.utual - covenants hereinafter set forth, the parties agree as follows: 1. Grantee agrees to aba_~don the access easement now servicing the Grantee Parcel for access upor. the satis~actior. a:~d fulfillment of each and every one v` the following ccr.ditior.s: (1) Grantor shall have completed the construction. of the new substitute easzmcnt delineated in the Easement Agreement attached hereto as Exhibit "C" and incorporated herein by this re=erencc. (2) Grantor shall have executed and delivered to Grantee the Easement Agreement attached hereto as Exhibit "C", granting to Grantee, their heirs, .personal representatives, successors and assigns, perpetual, non-exclusive easements for the vehicle access as constructed and in place over, under, across and upon the Grantor Premises to and for the benefit of the Grantee Premises. 2. Upon Grantor's fulfillment of the conditions enumerated in Paragraph 1 hereof, Grantee shall execute ar.d deliver to Grantor a written instru*~~zr.t or instru:~.erts, in form and content satisfactory to Grantor, aba!:donir.g a?1 rights cf Grantee to the current access. 3. All construction activities undertaen by Grantor hereunder shall be conducted in such r;~ai~r_cr as Y:ill insure that there is no interruption whatsoever in the presort access to or from the Grantee Parcel. 4. Grantor shall have no obligation to Grantee and Grantee shall have r,o right against Grantor for *aaintena^ce,of roads solely within the Grantee Parcel. 5. If approval for the subdivison applizd for to Pit}:in County by Grantor is not received as evidenced by the recording in the real estate records c>_` Pit}:in Cour.}.,-• cr a `ii:al - L plat therefor on or before December 31, 1984 then this P.greemer.t shall be null and void and of no further `_orce and e`fect and the Easement Agreement attached hereto as Exhibit "C" shall be vo_d ab initio. Neither document shall be recorded in such real estate records prior to such approval. IN WITNESS ~~HEREOF, the parties have executed this Agreement on the day and year first above written. STATE OF COLORADO ) ss. COUNTY OF PIT~;IN ) GRANTEE: ~ ~ /. Rodger V. yons ~ ~ ! ~-: Je~' N. Lyons ~ GRA?TOR: GOLF COUP.SE PROrERT_ES ~SSOCTATES, a Colorado Ger_e:~~j P3rt~e:ship Gam/' ~ ~ B Gf ~-~~~'~2' Y / /: ~, l The foregoing documents was ac?:nowlecged to beforo rye this /8`~ day of ~!t;-' 19g~ , b1' F.cc.;cr v. Lyons ar.d Jean N. Lyons. WITNESS my hand and official seal. Niy commission expires: /~--~ ~'~ ~~ ~,GC- Not ry~ P lic Ad ss : ~ O. Bob 3~.J ~/,c'l~ir,~ ECG. t'/~v/~ - 3 - ST11TE OF COLORADO ) ss. COUNTY OF PITKIN ) The foregoing documents was acknowledged to before me t h i s /~ ~ day o f /rI~4-Y 19~ , b y E~IR~eD .~ POLb~4k a s General Partner of Golf Course Prope ties P.ssocia~es, a Colorado General Partnership. WITNESS my hand and official seal. My commission expires: /a ~-8~ Notar u is Addrzss: ~'O•BOX.~,'~S ~~ L'o ~/l0~'3- - 4 - E}:HIEIT "F," (Grantee Parcel) Lot 1, ISELIN SUBDIVISON, Cour.ty_ of Pitkin, State of Colorado - 5 - EXHIIIIT "B" (Grantor Parcel) A tract of land situated in the S. 1/2 of the P.E. 1/4 of Section 11 , Township 10 South, Range 85 t•:est of the Si~:th Principal Meridian, Pit}:in County, Colorado, r.ore particularly described as follows: Bcginnir.g at a point whence the East 1/4 corner of said sec*_ion 11 bears S. 54°45'59" E. 1981.41 feet; thence S. 49°16'OC" E. 101.12 feet to the point of beginning; thence S. 47°50'59" E. 964.30 feet; thence S. 87°00'00" j•:. 1145.54 feet; thence N. 24°30'58" E. 400.91 feet; thence S. 49°16'00" E. 101.12 feet; thcr.ce N. 24°30'00" E. 448.69 feet to the true point of beginning containing 8.936 acres, more or less. - 6 - EASEMENT AGREEMENT EASEMENT AGREEMENT dated this jg~ day of ~~ 1984, by and between GOLF COURSE PROPERTIES ASSOCIATES, a Colorado General Partnership (hereinafter "Grantor") and RODGER V. LYONS and JEAN N. LYONS (hereinafter "Grantee"). R E C I T A L S: A. The Grantor is the owner of that certain parcel of real estate located in Pitkin County, Colorado which is legally described in Exhibit "1" attached hereto and made a part hereof ("Grantor Parcel"). B. Grantee is the owner of that certain parcel of real estate located in Pitkin County, Colorado which is legally described in Exhibit "2" attached hereto and made a part hereof ("Grantee Parcel"). C. Grantor and Grantee by this instrument now desire to set forth certain of their agreements relating to the easement to be granted hereunder. EXHIBIT "C" AGREEMENT NOW, THEREFORE, for and in consideration of the mutual covenants and agreements hereinafter set forth, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Grantor and Grantee hereby agree as follows: 1. Grantor hereby grants to Grantee a non- exclusive perpetual easement over and across that portion of the Grantor Parcel more particularly described as that area between the curb cut and the access cut, having a radius of 24 feet, as shown on the final plat of Golf Course Properties Lot Split recorded in Plat Book at Page of the Pitkin County Records {herein caller the Primary Easement) for the purpose of vehicular and pedestrian ingress and egress to and from the Grantee Parcel and Colorado State Highway $2. With respect to said Primary Easement, the following shall apply: 1.1 Grantor, at Grantor's sole cost and expense, shall make such improvements to the Primary Easement area as may be required to facilitate ingress and egress over and across the same from Colorado State Highway 82 to the Grantee Parcel, including specific- ally, but not by way of limitation, grading and surfacing the same with an asphalt or concrete surface 2 to the property line of the Grantee Parcel, shall maintain the Primary Easement area in good condition and in a good state of repair, and shall be responsible for snow removal therefrom. 1.2 Grantor, at Grantor's sole cost and expense, shall extend the existing berm on the Grantee - Parcel to the westerly boundary of the Primary Easement area and shall add approximately 2 feet to the height of the existing berm and as so extended; provided such extension and additional height shall not violate any laws or government regulations. 2. Grantor hereby further grants to Grantee a non-exclusive perpetual easement over and across that portion of the "30 foot driveway and utility easement" as shown on the final plat of Golf Course Properties Lot Split recorded in Plat Book at Page of the Pitkin County Records which is located within 200 feet of Colorado State Highway 82, and in particular over and across Grantor's driveway located therein, (herein called the Secondary Easement) for the purpose of providing vehicular and pedestrian ingress and egress to and from Colorado State Highway 82 to the Grantee Parcel at one additional point, the location of which, the Grantee, may, in their sole discretion, select and determine; provided that the additional access driveway cut from said Secondary Easement 3 area to the Grantee Parcel shall not be more than 24 feet in width. With respect to said Secondary Easement, the following shall apply: 2.1 Grantor, at Grantor's sole cost and expense, shall construct a driveway within said Secondary Easement area, shall maintain said driveway in good condition and in a good state of repair, and shall be responsible for snow removal therefrom. 2.2 Grantee, at Grantee's sole cost and expense, shall make such improvements within the Secondary Easement area as may be required to facilitate ingress and egress from Grantor's driveway located within the Secondary Easement area to the Grantee Parcel, including any grading and surfacing, shall maintain such improvements in good condition and repair, and shall be responsible for snow removal therefrom. 2.3 The rights herein granted to the Grantee shall not be affected or in any way impaired by reason of any delay in use, or non-use, by the Grantee of the easement herein granted. 4 3. The easements herein granted, and the rights and obligations with respect thereto, shall constitute covenants running with the land for the benefit of the Grantee Parcel and shall be binding upon and inure to the benefit of the Grantor and the Grantee and their respective heirs, personal representatives, successors and assigns. GRANTOR: GOLF COURSE PROPERTIES ASSOCIATE j a Color o General Pan rs ' g.~ ~~ ~~ ~ ~ , By b,~i'Gt11~ ~ i ~~ ~ ~ c~ ~ ~~~-i'C~ ~~~~~ ~ ~ GRANTEE: i ~-- ~- Rodger_1V . eons L ' -~ ~, j G ,~ Jean Lyons ~' STATE OF COLORADO ) ss. COUNTY OF PITKIN ) The foregoing Easement Agreement was acknowledged to before me this i8'N'~ day of n'IR;' 1984 by C~~Jt~ J: ~~G~:~t~ as General Partner of Golf Course Properties Associates, a Colorado General Partnership. WITNESS my hand and official seal. My commission expires : __ la -2-~ ~~°~ No ary ub is ~J (~D~G ~ia35 F~~~~u, co 8~~i~ 5 STATE OF COLORADO ) ss. COUNTY OF PZTKIN ) The foregoing Easement Agreement was acknowledged to before me this /8'~' day of /r>AY 1984 by Rodger V. Lyons and Jean N. Lyons. WITNESS my hand and official seal. My commission expires: /a x8 87 i z5~%tuJf.GL No ry ublic ~D..Fo~ 3(.~ 6 EXHIBIT '1" (Grantor Parcel} A tract of land situated in the S. 1/2 of the N.E. 1/4 of Section 11, Township 10 South, Range 85 West of thz Sixth Principal Meridian, Pitkin County, Colorado, more particularly described as follows: Beginning at a point whence the East 1/4 corner of said section 11 bears S. 54°45'59" E. 1981.41 feet; thence S. 49°16'00" E. 101.12 feet to the point of beginning; thence S. 47°50'59" E. 964.30 feet; thence S. 87°00'00" W. 1145.54 feet; thence N. 24°30'58" E. 400.91 feet; thence S. 49°16'00" E. 101.12 feet; thence N. 24°30'00" E. 448.69 feet to the true point of beginning containing 8.936 acres, more or less. 7 ~~ ~-~~-- l~t~ .~.~,_. }:. . ~. EXHIBIT "2" (Grantee Parcel) Lot 1, ISELIN SUBDIVISION, County of Pitkin, State of Colorado 8 MEMORANDUM TO: Tom Smith, County Attorney FROM: Cindy Houben, Planning Office RE: G olf Course Properties Detailed Submission and Final Plat City Case No. 020A-85 DATE: July 30, 1985 Attached for your review is the Final Plat for Golf Course Properties, submitted by Cliff Burdict at Garfield & Hecht, on behalf of their client Golf Course Properties Associates. This case is scheduled for review by the BOCC on September 9th at which time the Board will continue the review of Detailed Submission and simultaneously review this Final Plat submission. Please review this material and return your referral comments to the Planning Office no later than August 23, 1985 in order for this office to have adequate time to prepare for its presentation before the Board on September 9th . Thank you. SUBDIVISION IMPROVEMENTS AGREEMENT FOR GOLF COURSE PROPERTIES "LOT SPLIT" SUBDIVISION Golf Course Properties Associates (hereinafter "Owner") for itself and for its successors and assigns, in consideration for the granting of an exception from the full subdivision process for the purpose of creating two (2) separate lots as depicted on the plat for the Golf Course Properties "Lot Split" Subdivision recorded in Book at Page in the records of the Pitkin County Clerk and Recorder, hereby covenants with Pitkin County, Colorado (hereinafter the "County"), to restrict said property, and hereby does restrict said property as follows: 1. Owner represents it is the record title owner of Lot 1 and Lot 2 of the Golf Course Properties "Lot Split" Subdivision (hereinafter said lots shall be referred to as the "Property"), more particularly described on the Plat thereof recorded 1985 in Book at Page in the office of the Pitkin County Clerk and Recorder. 2. The Property shall be restricted to the development of two (2) single family residences together with any improvements permitted incidental to the development of a single family residence in the applicable zone district. 3. Owner shall extend a six inch (6") dectile water main to the Property and install a fire hydrant in accordance with the City of Aspen Water Department's main extension policy. 4. No roof line of any structure on dots 1 and 2 shall extend above the 7,940 foot elevation line as described on the Plat for the Golf Course Properties "Lot Split" Subdivision. In addition, the building envelope for Lot 1 shall be limited on the eastern edge by the 7,916 foot elevation line. 5. The cottonwood trees on Lot 2 found to the North of the designated building envelope shall be used as a visual screen from State Highway 82 and shall not be removed. 6. All utilities for .Lots 1 and 2 shall be underground. 7. Exterior lighting on the site is subject to the Pitkin County Lighting Code. 8. Owner agrees to provide a Nordic Trail Easement for use as a cross country ski trail during the winter months, but excluding all motorized vehicles, hiking, biking or any other uses except cross country skiing. Said Nordic Trail Easement shall exist only during the winter months and any use thereof by the County, the public or any other party except Owner, its successors or assigns during the spring, fall or summer months shall be prohibited. The legal description of this easement is delineated on the aforesaid Plat for the Golf Course Properties "Lot Split" Subdivision. However, such easement shall not become effective until the County shall indemnify and hold Owner harmless against any loss or damage occasioned by the public use of such easement and. provide adequate insurance as reasonably _ .. _ _ ____~_ .. _., ... ,.~- ~„~~, ,-; clr .,f 1 nGG nr damage. its obligations hereunder and Owner, its heirs, successors or assigns shall have the right to terminate said Nordic Trail Easement. 9. The property shall be subject to an Avigation Easement as found in Book at Page of the records of the Pitkin County Clerk and Recorder. 10. The property shall be subject to an Access Agreement as found in Book at Page of the records of the Pitkin County Clerk and Recorder. 12. None of the covenants contained herein shall be released or waived in any respect or modified or amended during the period they are binding without the prior consent of Pitkin County reflected by Resolution of the Board of County Commissioner of Pitkin County. 13. This Subdivision Improvements Agreement shall be binding upon the parties hereto, their successors and assigns. IN WITNESS WHEREOF, this Declaration has been duly executed this day of 1985. GOLF COURSE PROPERTIES ASSOCIATES BY: General Partner STATE OF COLORADO) ) ss COUNTY OF PITKIN ) The foregoing instrument was acknowledged before me this day of 1985 by as General Partner of Golf Course Properties Associates. WITNESS my hand and official seal. My commission expires: Notary Public My address is: NORDIC TRAIL EASEMENT WHEREAS, Golf Course Properties Associates, a Colorado general partnership ("Owner") is the owner in fee of certain real property situated in Pitkin County, Colorado, more particularly described as follows: All areas marked "Nordic Trail Easement" upon the recorded Plat of Golf Course Properties "Lot Split" Subdivision, said Plat being recorded in Plat Book at Page of the records of the Clerk and Recorder of Pitkin County, Colorado. NOW, THEREFORE, Owner for itself, its successors and assigns, does hereby grant, bargain, sell and convey unto Pitkin County, Colorado ("County"), its successors and assigns for the use and the benefit of the public, a non-exclusive easement for use as a cross country ski trail during the winter months, but excluding all motorized vehicles, hiking, biking, or any other uses except cross country skiing. This easement shall exist only during the winter months and any use thereof by the County, the public or any other party except Owner, its successors or assigns, during the spring, summer or fall months shall be prohibited. This easement shall not become effective until the County shall indemnify and hold Owner harmless against any loss or damage occasioned by the public use of such easement and provide adequate insurance as reasonably required by Owner to insure against such risk of loss or damage. Such easement shall not become effective until the County shall furnish to Owner a Certificate of Insurance evidencing that such insurance has been obtained. The County shall further agree to maintain such easement in a clean condition, free from all debris. This easement is restricted to customary public cress country trail use and the County shall not record this easement except upon the occurrence of all of the above described conditions. In the event the County, its successors or assigns breach any of the covenants herein, the County shall be deemed to be in default of its obligations hereunder and Owner, its successors or assigns shall have the right to terminate this easement by recording a Notice of Termination executed by Owner in the real estate records for Pitkin County, Colorado. IN WITNESS WHEREOF, Owner has executed this Nordic Trail Easement this day of 1985. GOLF COURSE PROPERTIES ASSGCIATES, a Colorado general partnership By: STATE OF COLQRADO ) -- `- ) ss. COUNTY OF PITKIN ) I hereby acknowledge that the foregoing Nordic Trail ___ _ _ _,_____, ...a,....,~ ~..~,~,,,-o .,,o +i,; c day of ,~ , .:~R:,~~::"~ . . ~~; ?' 130 South Galena Street Aspen, Colorado 81611 .f (303) 925-2020 LAND US E APPLIC ATION FEES City {' 00113 - 63721 - 47331 - 52100 GMP/CONCEPTUAL - ` 63722 - 47332 - 52100 GMP/PRELIMINARY 63723 - 47333 - 52100 GMP/FINAL 63724 - 47341 - 52100 SUB/CONCEPTUAL 63725 - 47342 - 52100 SUB/PRELIMINARY 'j 63726 - 47343 - 52100 SUB/FINAL 63727 - 47350 - 52100 EXCEPT/EXEMPTION ' 63728 - 47350 - 52100 REZONING 1 63729 - 47360 - 52100 SPECIAL REVIEW 1 i SUB-TOTAL County 00113 - 63711 - 47331 - 52200 GMP/GENERAL '~ 63712 - 47332 - 52200 GMP/DETAILED. ' ~~ ~ 63713 "'""' - 52200 GMP/FINAL ~ r ~„: 63714 - Y~.,~ i - 52200 SUB/GENERAL ~' 63715 - 47342 - 52200 SUB/DETAILED s, 63716 - 47343 - 52200 SUB/FINAL -~-- ~, ,;, 63717 - 47350 - 52200 SPECIAL REVIEW s? ~' 63718 - 47350 - 52200 REZONING 63719 - 47360 - 52200 SPECIAL APPROVAL , ~ 1 ~ ~I Y / ~O ~ ~~ y SUB-TOTAL PLANNI NG OFFICE SALES 00113 - 63061 - 09000 - 52200 COUNTY CODE 63063 - 09000 - 52200 ALMANAC 63062 - 09000 - 00000 GMP ~ 63066 - 09000 - 00000 COPY FEES 63069 - 09000 - OTHER --~ SUB-TOTAL ' `3' TOTAL a Name: Addre ~: I Check No. ~i Additional Billing: I" .(: KL Phon roject. Date: No. of Hours: ASPEN/PlTKlN t'IANNING OFFICE 130 South Galera Street aspen, Colorado 81611 (303) 925-2020 LAND USE APPLICATION FEES City 00113 - 63721 - 47331 - 52100 GMP/CONCEPTUAL 63722 - 47332 - 52100 GMP/PRELIMINARY 63723 - 47333 - 52100 GMP/FINAL 63724 - 47341 - 52100 SUB/CONCEPTUAL _ 63725 - 47342 - 52100 SUB/PRELIMINARY 63726 - 47343 - 52100 SUB/FINAL 63727 - 47350 - 52100 EXCEPT/EXEMPTION 63728 - 47350 - 52100 REZONING 63729 - 47360 - 52100 SPECIAL REVIEW SUB-TOTAL ~_ County 00113 - 63711 - 47331 - 52200 GIMP/GENERAL "03712 - 47332 - 52200 GMP/DETAILED ~_ 63713 - 47333 - 52200 GMP/FINAL 63714 - 47341 - 52200 SUB/GENERAL 63715 - 47342 - 52200 SUB/DETAILED ~ _.~I/ f. , 63716 47343 - 52200 SUB/FINAL 63717 - 47350 - 52200 SPECIAL REVIEW _ 63718 - 47350 - 52200 REZONING 63719 - 47360 - 52200 SPECIAL APPROVAL SUB-TOTAL ~' ~ ., ~_ i~ri,c ' , PLANNING OFFIC E SALES 00113 - 63061 09000 - 52200 ;, O U NTY COD E 63063 - 09000 - 52200 ALMANAC 63062 - 09000 - 00000 GMP 63066 - 09000 - 00000 COPY FEES 63069 - 09000 - UTHER SUB-TOTAL TOTAL ;{' r Name: - Phone: Address: Project. ;^ ...T ` ~ i Check No. Date: - ~ "' Additional Billing: No. of Hours: M } ~...~ ~ ../...4 x \` •••• uVN ••~••• ••• ••• •• l~\ • • • . ,• ••• ~. .. •., ~~ . +` ..• .. - .• l ••~ ~• •'''~• ~k• • •.. • • , , ... •~ ` ,;.1r~,, Ste" ~.. {DUUpiiipiit~ifnnui-_h•.. .. % J ~p 1I( r • • •r1rrirur ~ " ~~,~' lriur!llru ~1 rrrlrrl/!lI or„rE tt ~ f rruggilq . ^ /~ ti . ~ ~ ~x ugrrurUrurgUr/p 11 ~ •~~ .~ / `~ ~ ~ ~ ruq ~ ~.~d •: I_~, ~ J - V ,~~~~ l •" %/`~ ~ ' 11 ~ ~ ~ ~... --_ AV~ ~e Cpl / /~~ .._/" :,, ,~~~~, K/~~ O \\~ 11 1 ~,w•, `\ j ~ ... 1 I - - / -~~ ~o~ / ``~~// `C(U/ '~' •,-_~-'~ - -- -~~ ,~ . ill ~~ g< ~ O ~ ~°'" ,, F Jr ~+, 'J/VIJ ~• s ~- .. ,. C; •1 .% ~ \ • to ~ a •~~ ~ ~ I ,,..,~ ~~ ~ •••• 4 . ••••• Y 1 1. 4 • 4ti ~ . ~ •• • • • .~ rUlrrrrllNlr ~ ~ ~ ~ 1 ~ ~} e ~ ~, ~ ~ .\ ~~;~,, 1. ~ ~'. • • ~ ~~_ .. `J ^ ', • it r i ~ ~ 1 ~ • p • I • ~~, o• , (~.•~ • r dg ~ ~ i~ • ~ • ~ ) :i. 1 ~--\. d to -;' ,/ r- ( ' j , ' " ~;. _ ,~.`- ~1 '. .. ..\ ~ 111 -~ 1 _ _ I I1` II % 1 dl 1 1 1 / `~.. 0 ! .~ Sul ~~ .I~ ~~.•~~ ~ .. .. ~~~~ , ~ `~\ \ ~ r. .~ • 3. STATE HIGHWAY 82 CORRIDOR MASTER PLAN: TRANSPORTATION ---- Study Area Boundary ~~~~~~~~~°~~~~~~~~~~~~~~~ potential SHg2 Future Alignments ••••••••••••• Scenic .Foreground Scenic View Plane •••••••••••••• Nordic Trails •••••••~ Biking/Hiking Trails Aspen/~Pitkin Planning Office Jan. 1985