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DOCUMENT 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 PIat copies (llxl'~ 2465 153-00 006 «.„ :~~.- 12/12/2005 ~ #COP~~",r- GLSE : P246-O5 y Andrews MinorAmendment to a Development Permit PtdVt4~` Mike Kraemer 's+s#r 4.,. i ~ ~' 1000 Stone Rd Lot 14 W Sapris Ranch ~ - -' '' ~yii Andrews PO Box 3317 1` t Aspen,CO 61612 ~ ~ t 429-3769 , Rob Lipton Qjnihia andres ' A~~ PO Box 3317 :t.' 6y'd• Aspen, CO 61612 PF} 970-927-1927 $645 - _. ,,, -:p $645#20604 ;., . , .`- ,: ~,r RLLQCATEGY,h10UR8 3 -A~.'i:~-~'`.f`..~°":=x° :c<':,~ia,.:.~t;-_; :.r 12/12/2005 , ''.~7 bl ~ ~ C1UE! 1/6/2006 ~..:. III ~~`. `:< ` r:' ;~h tt C3ATEt5FflNALAt:TigN: 2/9/2006 ~'~ ~ ~:~' BQCCflrd: ~~ ^= app to rep 8 refer 1 2/1 210 5/Jadmin to rep 3/1106//bl//plat to rep PZ: ~- -;; ... ., ..,:. ... . ,:. i•iR6 0FF• ..;;_. 6~: ~ 3/1/2006 .1' bl HR~N+IflkTX: . .. t ... . ~,>,. '~,'.f... ~.~ ~ .,-. ` ~. _ ~ ~. ~~ .:. ~: _ ' : ~. AL7Fd1Fb 17-2006 #520914 .. . ....:. (~ ~ ~ ~ -~ 7~~'~• .~ j~gy~ - ~y B77 P97 #521643 ~, 2006 =' ... 3109106 ~ +.,cRt3~., e :., ~. -,.. r . ~ ._- ... i ADMINISTRATIVE DECISION OF THE COMMUNITY DEVELOPMENT DIRECTOR OF PITKIN COUNTY, COLORADO, APPROVING A MINOR AMENDMENT TO A DEVELOPMENT PERMIT FOR THE ANDREWS PARCEL Administrative Decision No.~-2006 RECITALS Cinthia Andrews and Rober[ Lipton ("Applicants"), have applied to the Community Development Director of Pitkin County, ("Director"), pursuant to Section 3-200-080 of the Pitkin County Land Use Code ("Code"), to enlazge an existing building envelope for the expansion of a septic system and a 4,200 squaze foot addition to the main residence. 2. The property is zoned RS-20 PUD and contains approximately 35.4 acres according to the Pitkin County Assessors. 3. The property is located at 1800 Stone Road, Basalt; more commonly described as Lot 14, West Sopris Ranch, Pazcel Identification #: 2465-153-00-006 (legal description, Attachment A). 4. The pazcel established a building envelope through a 1041 Hazazd Review recorded at Book 38 Page 94 (Rec. No. 388235). This 1041 was granted approval through a regulatory takings pursuant to BOCC Resolution 95-179 which rescinded previous BOCC Resolution 95-168 denying 1041 approval. The pazcel received a Reinstatement of Vested Rights pursuant to BOCC Resolution No. 100-2000. An amended 1041 Hazazd Review site plan that shifted the building envelope westwazd was approved pursuant to Administrative Determination No. 25-2003 and recorded at Book 65, Page 77. Currently, a 1,200 squaze foot residence exists on the property. 5. The Director finds that the request is consistent with the requirements of the Pitkin County Land Use Code. APPROVED by the Director, subject to the following conditions: 1. The Applicants shall adhere to all material representations made during the application process. 2. The Applicants shall comply with provisions of the BOCC Resolution 95-1.79 and Administrative Determination No. 25-2003 unless otherwise replaced or amended by the conditions of this approval. 3. The Applicants shall comply with Division of Wildlife recommendations from Kevin Wright on 3-18-95 located in BOCC Resolution 95-179, and Pat Tucker on 1-20-06. The applicant shall adhere to the Tucker's specific recommendations subject to the conditions outlined below: • The building envelope shall remain as small as possible. • No disturbance or removal of vegetation outside of the building envelope. o®V l~1 0T ~JS IIIIIII VIIIIIIIII IIIIII VIIIIIII IIIIII III VIII IIIIIIII00 gO904031 :541 • Areas of soil that aze disturbed during the construction process shall be reseeded with native type vegetation. A noxious weed plan shall be submitted prior to building permit. • Fencing shall be held to an absolute minimum. All fencing shall comply with Pitkin County wildlife friendly fencing codes. • Dogs shall not be allowed on site by construction workers. • Dogs shall not be allowed to hazass wildlife. Homeowners should be advised that dogs chasing wildlife is illegal. • Beaz/human conflicts can be expected in this azeas and it is necessary to take precautions to minimize tllese impacts conflicts. • The Applicants shall use beaz-proof containers for storing trash, feed pets indoors, and clean and store BBQs in locked sheds or garages. 3. The Applicants shall prepare an amended 1041 Hazadd Review Site Plan in accordance with Land Use Code Sections 5-70-040, which shall depict the revised building envelope. The site plan shall incorporate the following changes: a) The most current and up to date road alignment. The submitted amended 1041 site plan does not show the two existing access points to Lot 14. b) Identify on the Amended 1041 Hazard Review site plan where the non- conforming 25' ranch gate resides in relationship to Lot 14 property boundaries. Incorporating these corrections, a mylaz copy of an Amended 1041 Hazadd Review site plan shall be submitted to the Community Development Department for approval and recording, prior to submission of any future building permit applications or permit for a new septic system. 4. Failure to comply with the conditions of this approval may result in revocation of this approval, or any subsequent permit(s) or approval(s) related to this property, or vested rights associated with this property. APPROVED by the Director, this ~_ day of ~ ~,~,~„ , 2006. C\y1.~e~~ ~~ ~ C 1{ Cindy ouben, Community Development Director PID# 246515300006 P248-OS IIIIIIIVIIIIIIIIIIIIIIIVIIIIIIIIIIIIIIIIVIIIIIIIIIII00 9©90 0011'541 O U U ®J Attachment A Legal Description iSUB:WEST SOPRIS RANCH LOT:14 DESC: AKA PARCEL 14 SECT,TWN,RNG:15-8-87 DESC: PARCEL OF LAND IN W2 OF SEC i 15-8-87 CONT 34.436 AC M/L DESC BY i1M/B BK 292 PG 741 BK 312 PG 22 520914 I IIIIII VIII IIIIII IIIIII VIII IIII IIIIII III VIII IIII IIII 0 02/ 16/02 00 0011 54i 00(1lJO Christopher Shipp & Associates, Inc. P.O.Box 1060 Basalt, CO 81621-1060 970/927-9274, FAX 970/927-9722 Email: cashiop@comcast.net March 10, 2008 Mike Kraemer /Planner ~ O ~ ~ ~~ v~~, Community Development Department Pitkin County f~~~D ~,1~C N 130 S. Galena Street !~ ~~~ ~• Aspen, CO 81611 970-920-5526 Deaz Mike: ~~~ The site plan letter previously e-mailed to you has been revised to include a landscape plan as you requested March 7, 2008. The location of the new Oak or Serviceberry clumps shown on the Landscape Plan addresses the wildfire mitigation requirements of Resolution No. 95-179, Page 4, Section K2 and at the same time dampens the visual impact from West Sopris Creek Rd. as agreed. Page 4 of 7 illustrates the approximate location and size of the existing clumps and helps define the screening provided by the new plantings. Page 5 of 7 shows the comparison of "Photo I" on page PS compared to the current view from the same location. The representation that was submitted is extremely accurate. During our May 8, 2007 meeting I clearly stated that the new addition would be visible from Eagle County as indicated on page PS of the permit plans. The conditions of this permit never included landscaping on the Eagle County side. The "additional planting (that) may be required" referred solely to "dampening the visual impact of the addition" from Pitkin County, specifically at the intersection of Stone Road and West Sopris Creek Road. Any additional planting of Oak or Serviceberry on the Eagle County side would also increase the wildfire hazard. It may be possible to reach an agreement on this issue but my concern is that you will bankrupt this project with additional landscaping requirements that were never previously agreed to or stated as a condition for a Certificate of Occupancy. From the outset we have made every effort to mitigate the visual impact of this addition. The previous plans for a much larger house (see Permit #0100.2006 PRBK) were withdrawn. The majority of this addition was moved away from West Sopris Creek Road and we agreed to do additional plantings as requested. It's been almost six weeks since Joanna Schaffner made her CO inspection. If these documents don't address your concerns, in the spirit of cooperation, we are more than willing to sit down with you to get this resolved as quickly and equitably as possible. Sincerely, ~G_ ~' Chris Shipp Page 1 of 7 t~~(j~'i~{~ Christopher Shipp & Assoc., Inc. 970-927-9274, FAX 927-9722 Email: cashipp@comcast.net March io, 2008 Landscape Plan To: Mike Kraemer - michaelk@co.pitkin.co.us RE: Andrews Res., t8oo Stone Road, Basalt, CO -Permit #0043.2oo7.PRBK Below is a photo of the view toward West Sopris Creek Road from the point at the house where we discussed adding one or two additional Serviceberry or Oak bushes similar to the ones shown in the photo. If possible we will transplant existing plants from the North side of the original structure from the areas that need thinning. West Sopris Creek Road indicated by red line. + ~..~r . ~ _ ~...~'" ,,, .- .- The approximate location discussed for adding one or two clumps of oak/serviceberry approximately 6 to 8 feet wide by 4 to 8 feet tall for the purpose of "dampening the visual impact of the addition" as outlined in your letter dated May 9, 2007. -~,l f ~~ ~. ,~ ~~ .~ ' ~l Landscape Plan _ _ t J Scale: i" = 4o ft _ _ _ _ - - - _ _. - - -Approximate ~.. - " - - location of ' N existing bushes shown in photo above Page 2 of 7 ®®~r~fl Christopher Shipp & Assoc., Inc. 970-927-9274 FAX 927-9722 Email: cashipp@comcast.net To: Mike Kraemer - michaelk@co.pitkin.co.us RE: Andrews Res., i8oo Stone Road, Basalt, CO -Permit #0043.2007. PRBK Date:: March io, 2008, Page 3 fo 7 ,;~;>. r Location of proposed 6 to 8 feet wide by 4 to 8 feet high plants as shown on Site Plan (See site plan notes). Page 3 of 7 U®Uf~U6 Current Winter View From W. Sopris Creek Rd. t;~. ~ . ~ e_~~ ~ e~ w y Christopher Shipp & Assoc., Inc. 970-927-9274 FAX 927-9722 Email: cashipp@comcast.net To: Mike Kraemer - michaelk@co.pitkin.co.us RE: Andrews Res., i8oo Stone Road, Basalt, CO -Permit #0043.2007. PRBK Date:. March io, 2008, Page 4 of 7 Page 4 of 7 U®~~.~v~ ~ Ridgeline Simulation (See Page P4 of approved n: Mass and visibility of the new a drtian is identical to the representatio shown on page P5 of the permit plans reviewed fo~code compliance.on June 2, 200.7 Fhotos taken March 8, 2008 from same location as "Photo i" shown above Page 5 of ~ ®®~)~Q~ "Photo 1" (see page P5 of approved plans) :~~i'4~2a®7 From: "Michael Kraemer" ankitaelk~co.p'ttldn.co.us> pate: May 9, 20071030:16 AM MDT To: a~ahippC~-~' Cc: "Lance parke° dartoec~tb.p~kin.w.tf~ gubJact 180D Sfiorle Road - L,aR 111fUest Soptis Rsneh ~ revbw of Y~ D addition to tl~e Wova mentlw~ed raddanee. tl~a pojecl aPP~a b be M comP~mx aM an be exampled from tmmel PrntdnD rarisr pureuart fD aectlon 7-2o-720(q of tl~e SOB Coda- The ieVnaeMstl°n° made N our Mar 8th, 2007 nRaAkq vdR De refuted in your buMdkg Me and kupected for aceordance of ttta Stna of CC. gpedBnYfr, axk8rp trace ~ oMhutl ala vfetbaty of ar atldi8on wi PfaY a key ~ h d_ D tlr visual ImWot afi aerie addl8wr k S~ieabogr aron what ~ rep~enNdN o~in a q. atldlBanM pWMNaa mar ne re or n,a vlsBUay or Please aubmk tllie email $ S1B ante OF pemdt submBtaL Mike Mike Kraemer Planner Community Development Depertmenf Pitldn County 130 S. Galena S(raet Rspen, CO 81 fi11 970.920.5526(phone) 970.920.5439(fax) -:_~~m oi6cM_ca-i5. MAY Z 7 20D7 Yi i Rin a.UUNTY COMMUM;IY [)t-VELOPR~Mf or Pace 6 of ~ ~Q~~~~~9 Resolution No. 95-~ Page 4 c. Roofs and gutters shall be kept clear of debris. d. Yards shall be kept clear of all litter, slash, and flammable debris. e. Firewood shall be stacked on a parallel contour a minimum of 15 feet away from any structure. f. At least one ten pound approved ABC class fire extinguisher shall be placed in a visible and accessible location for each structure. q. Swimming pools shall be accessible to Fire Department vehicles. h. Fences shall be kept clear of brush and debris. i. Wood fences shall not be connected to the structure. j. Fuel tanks shall be installed underground with an approved container. k. Regarding vegetation: 1) All vegetation shall be removed within to feet of structures. This area should be maintained in the future as low ground cover (to a height not more than 6 inches). 2) vegetation shall be thinned within a minimum of 100 feet around all structures, with a minimum of 20 feet crown separation between clumps of oak/serviceberry. Remaining clumps shall not have an aggregate crown diameter in excess of 20 feet. Dead limbs and ladder fuels that could carry fire into the crowns of the brush shall be eliminated. slash shall be properly disposed of by chipping, hauling away, or piling and burning during a safe time period. 3) Maintenance of the °defensible space~~ shall be required in order to retain its value as wildfire mitigation. Oak and serviceberry tend to sprout vigorously after cutting, so it will be necessary to trim back vegetation every year or two. 1. Any additional proposed buildings within the building envelopes shall incorporate wildfire mitigation measures. m. Structural Design and Construction Requirements: 1. Roof construction shall be Class A, non-combustible (no wood shake/shingles) material with no flat Page ~ of ~ J~~'q~~ ~ MEMORANDUM TO: Cindy Houben, County Community Development Director FROM: Michael Kraemer, Planner ~~ RE: Andrews Minor Amendment to a Development Permit DATE: February 9, 2006 REQUEST: The applicant desires to expand the existing envelope for septic purposes and to incorporate a 4,200 squaze foot addition to a 1,200 squaze foot existing residence. The onsite wastewater system was designed in 2003 and installed in 2004. Because of the proposed addition to the residence and necessary enlargement of the septic field, two of the existing drain field trenches do not meet setback requirements and will have to be replaced by trenches located to the north of the established building envelope. Additionally, the proposed addition to the residence is not within the established envelope therefore the applicant desires to extend the northwest section to incorporate this addition. A site visit was conducted on Wednesday, February 1, 2006. The proposed expansion azea for the residence seemed to be relatively flat as depicted by the submitted 1041 Hazazd Review site plan and free of vegetation (Attachment B, picture #2). The proposed expansion area for the sepfic field contained denser vegetation with Scrub Oaks and two mature Spruce trees (Attachment B, pictures #1 and #4). The slope just past the proposed septic expansion azea drops dramatically and would not be suitable for any further expansion of the septic field. A lazge non-conforming ranch gate (25' in height) was identified on the site visit. The Applicants maintain they did not build the non-conforming ranch gate and it does not reside on their property. In a conversation with High Country Engineering Inc. on February 8, 2006 the engineer for Lot 14 confirmed the non-conforming ranch gate does not reside on the Applicants' property. In the attached Administrative Decision a condition is placed upon submittal of the mylaz copy of the Amended 1041 Hazard Review site plan to show the ranch gate does not reside within Lot 14 property boundaries. Additionally during the site visit, it was noted the access road to Lot 14 was not congruent to what was depicted on the submitted amended 1041 Hazazd Review site plan. Two access points to Lot 14 merge into the main driveway and form a small triangulaz boulevard. APPLICANTS: Cinthia Andrews and Robert Lipton LOCATION: 1800 Stone Road, Basalt; more commonly described as Lot 14 West Sopris Ranch, Pazcel Identification # 2465-153-00-006 (legal description, Attachment A). ZONING/I.OT SIZE: RS-30 PUD; 35.4 acres according to Pitkin County Assessor. BACKGROUND: The pazcel established a building envelope through a 1041 Hazazd Review recorded at Book 38 Page 94 (Rec. No. 388235). This 1041 was granted approval through a regulatory takings pursuant to BOCC Resolution 95-179 which rescinded previous BOCC Resolufion 95-168 denying 1041 approval. The parcel received a Reinstatement of Vested Rights pursuant to BOCC Resolution No. 100-2000. An amended 1041 Hazard Review site plan that shifted the building envelope westwazd was approved pursuant to Administrative Determination No. 25-2003 and recorded at Book 65, Page 77. Currently, a 1,200 squaze foot residence exists on the property. REFERRAL COMMENTS: The application was referred to the Colorado Division of Wildlife (DOW). Pat Tucker provided comments and acknowledged 3-18-95 referral comments from Kevin Wright (Attachment C) should be adhered to. Wright's comments were company to the original 1041 Hazazd Review. Tucker's comments for this application can be viewed in Attachment D and are incorporated as conditions in the attached Administrative Decision. STAFF COMMENTS: Minor Amendment to a Development Permit. Pursuant to Section 3-200-080 of the Land Use Code, the Community Development Director may approve a minor amendment to a condition of a development permit subject to compliance with the following standards. A. The amendment must not change the use of the proposed development between residential, commercial and tourist accommodation uses. Response: The proposed amendment does not change the use of the proposed development. B. The amendment must be consistent with action taken during the review of the original development and does not constitute a new land development activity. Response: The applicant is proposing the expansion of the 1041 Hazard Review approved building envelope to reconfigure a septic system and incorporate a 4,200 square foot addition. This amendment is not inconsistent with the action taken during the original review of the land development activity. C. 77te proposed activity does not: 1. Change the basic character of the approved use of the land on which the activity occurs including basic visual appearance and method of operation; 2. Increase off-site impacts in the surrounding neighborhood,• 3. Endanger the public health, safety, or welfare; 4. Violate any land use Code Standard; S. Substantially increase the need for on-site parking or utilities, or affect affordable housing generation; and 6. Increase the floor area of the use by more than (2) percent or decrease the open space on the site by more than three (3) percent. Response: The proposed expansion of the existing building envelope for an addition to the house and septic purposes does not change the basic character of the approved use. The applicant states fJ that the proposal will not endanger public health, safety or welfaze nor violate any known Code Standard. In addifion, the expansion of the envelope is consistent with 1041 standazds considered during original review. Finally, the proposal will not increase the need for on site parking or affordable housing, or increase the allowable floor azea of the use. RECOMMENDATION: Staff recommends that the Director approve the amendment for the enlargement of the building envelope fora 4,250 squaze foot addition and septic purposes based on compliance with the standazds noted above and subject to the conditions of the attached Administrative Decision. Attachments A. Lot 14 West Sopris Ranch Legal Description B. Pictures of site C. Kevin Wright, DOW comments from 3-18-95 D. Pat Tucker, DOW wmments from 1-20-06 ~`j6~~?it1 i b y a e w ~!~ _. ~_~_= ->_ ~L ~~ ~~ .~~ '~ -:~{ =z _'-- °~ ~_: ,~. =_ .~r ~~ ~o{~~~,~ ., ~ ~ .:. • P ^ P ~~!1~~~~ ~~ 0 • P ! ~ ~ ~ "7 J~.~~~. ~Gf~~I~if/ j ~ ~~ i ~ ' STATE OF COLORADO G r"„ / /° REFER TO overnor Roy Romer, DEPARTMENT OF NATURAL RESOURCES f;[. \~ ° DIVISION OF WILDLIFE ~22 5 o°v ~o AN EQUAL OPPORTUNITY EMPLOYER , Ma Perry D. Olson, Director 606 Broadway ~~,y Or v~® 9 ~y\~'' t ~ ~p r~ N Denver, Colorado 80216 ,. ~ r,~~f l: ~ °F Telephone: (303) 297-1192 ~ '/~ For Wildlife - For People 3-18-95 Pitkin County Planning 130 S. Galena Aspen, CO 81611 Dear Rick: Graves/Bent/Leonhardt's Lots 3, 8, l0, and 14 of West Sopris Creek Ranch Subdivision (Terliamis Tract) lie within elk and mule deer winter range. They lie adjacent to critical habitat, winter concentration area, and severe winter range for both. Lot 14 contains winter concentration area for mule deer on the north side and hillside of the flat bench on top (outside of proposed building envelope). Black bear inhabit the area and have caused problems and damage within the subdivision. Most bear use occurs Spring and Fall as they forage for food in the oakbrush/pinon- juniper. Clumping of the homesites and building envelopes as proposed for lots 8,10 and 14,13 will help to minimize disturbance and impacts. This clumping should be maintained and encouraged. The following are recommendations for each specific lot and building proposal followed by more general recommendations for all of the proposed homesites and lots in order to minimize wildlife impacts. LOT 3 - 1. Tuck homesite in where toe of ridge meets small bench 2. Maintain as much native vegetation within building envelope as possible. Use pinon- juniper and oakbrush to screen homesite. Homesite should not be located on small knob along east side of building envelope and bench 3. Driveway be kept to minimum width as possible and any cut/fill be revegetated immediately with native grass/oakbrush/pinon-juniper LOT 8 - 1. Maintain clumping with lot 10 2. Homesite be placed in north 1/2 of building envelope on flat bench adjacent to lot 10. DEPARTMENT OF NATURAL RESOURCES, James S. Lochhead, Executive Director WILDLIFE COMMISSION, Thomas M. Eve, Chairman • Louis F. Swift, Vice-Chairman • Arnold Salazar, Secretary Jesse Langston Boyd, Jr., Member • Eldon W. Cooper, Member • Rebecca L. Frank, Member William R. Hogberg, Member • Mark Le Valley, Member ~~~~Tj 3. If driveway enters building envelope from the south end it should use the natural vegetation to screen the driveway. LOT 10 - 1. Homesite be placed on bench below and east/southeast of a ring of spruce trees. This is same bench which has been cleared and a well drilled. LOT 14 - 1. Homesite be placed on low flat bench adjacent to main access road on top of ridge (current building envelope location) 2. No building hang-over of bench to hillsides on north and south General recommendations: 1. No dogs 2. All garbage be kept in approved bear proof garbage containers (N. American Bear Society specifications) 3. Maintain native vegetation outside building envelope 4. All fencing be restricted to building envelope. All fencing be 42", 4 strand or less with a 12" kickspace between the top 2 strands. Any rail fencing be the round rail or split rail type, 48" 3 rail or less with at least 18" between 2 of the rails 5. All horses be restricted to the building envelope and any haystacks be fenced with 8~ fencing at the owners expense to prevent game damage. 6. [sue Pro~cle haines In addition, the BLM in cooperation with the Division of Wildlife have a motor vehicle and snowmobile closure on the public land of the Crown from Dec. 1 - June 1 each year. Homeowners need to be aware and respect this closure. Thank you for the opportunity to comment. If you have any questions, please give me a call. Since ely, . ~ 1 Kevin Wrigh District Wi life Manager Carbondale `dTATE OF COLORADO ~~~~~T ~ Bill Owens, Governor DEPARTMENT OF NATURAL RESOURCES DIVISION OF WILDLIFE AN EQUAL OPPORTUNITY EMPLOYER Bruce McCloskey, Director 6060 Broadway Denver, Colorado 80216 Telephone: (303) 297-1192 January 20, 2006 Mike Kraemer Community Development Department 130 South Galena Street Aspen, CG 31511 RE: Lot 14 West Sopris Ranch Dear Mike: For Wildlife- ForPeople The Division of Wildlife has previously commented on this property in a letter dated 3-18-95 from DWM Kevin Wright. Comments made at that time are still relevant today. Lot 14 of West Sopris Ranch lies within elk and mule deer winter range, and is adjacent to critical habitat, winter concentration area and severe winter range for both. The building envelope lies on the southern end of the property away from the mule deer winter concentration area, which is located on the north side of the property. The parcel also contains black bears along with a variety of other small mammals and birds. In order to minimize the impacts to wildlife, recommendations from the above referenced letter and the following recommendations should be taken: 1. The building envelope should remain as small as possible. 2. No disturbance or removal of vegetation outside of the building envelope. 3. Areas of soil that are disturbed during the construction process should be reseeded with native type vegetation. A noxious weed management plan should also be implemented. 4. Fencing should be held to an absolute minimum. All fencing should adhere to Pitkin County wildlife friendly fencing codes. 5. Dogs should not allowed on site by construction workers. 6. Dogs should not be allowed to harass wildlife. Homeowners should be advised that dogs chasing wildlife is illegal. 7. Bear/human conflicts can be expected in this area and it is necessary to take precautions to minimize these conflicts. -Homeowners should use bear-proof containers for storing trash. -Pets should be fed indoors. -BBQs should be cleaned after each use and stored in a locked shed or garage. DEPARTMENT OF NATURAL RESOURCES, Russell George, Executive Director W ILDLIFE COMMISSION, Jeffrey Crawford, Chair • Tom Burke, Vice Chair • Ken Torts, Secretary !~ ~ ~ )11 ? ';1 Members, Robert Bray • Rids Enstrom • Philip James • Claire O'Neal • Richard Ray • Robert Shoemaker Ex Officio Members, Russell George and Don Ament Thank you for the opportunity to comment. If you have further needs or questions please feel free to contact DWM John Groves at (970) 947-2933. Sincerely, ~w Pat Tucker Area Wildlife Manager Cc: DOW - J.Bredehoft, R.Velarde, J.Groves, file Page 1 of 1 Michael Kraemer From: Carrington Brown Sent: Thursday, February 02, 2006 11:26 AM To: Michael Kraemer Subject: Stone rd gate Hi Mike, According to my friend the gateway was installed at the top of Stone Rd. by a George Harrison in the mid 1990's. Harrison was one of the original owners up there and has apparently sold and moved on. - C ~~tlt?~`? 2/2/2006 • 386815 B-797 P-86. 10/c7/95 i0:29R PG 1 OF • REC DOC NO SILVIR DRVIS F~I1"KIN COUNTY CLERK R RECORDER 5.00 RESOLUTION OF THE BOARD OF COUNTY COMMI88IONERB OF PITRIN COIINTY COLORADO, REBCINDING A PREVIOUS RE8OLUTION OF DENIAL AND GRANTING APPROVAL OF THE GRAVEB/BENT/LEONRARDT 1041 HAZARD REVIEN 8 GENERAL SUBMI88ION i~ Resolution No. 95- _~ RECZTALB 1. Lauren Graves, Dorthea Bent, and Anne Leonhardt, hereinafter "Applicants", have applied to the Board of County Commissioners of Pitkin County, Colorado, hereinafter "Board", for approval of the construction of single-family residences on separate lots in the West Sopris Creek Subdivision, pursuant to the Pitkin County Land Use Code. 2. The Applicant's lots are zoned RS-3o and are each over 35 acres in size. 3. Said lots are described as Lots 3,8,10 and 14 of the West Sopris Creek Subdivision (formerly the Terliamis Tracts). 4. The Pitkin County Planning and Zoning Commission reviewed this application on June 20, 1995 and has forwarded a recommendation of denial to the Board, based on severe wildfire hazard on all four of the subject properties. 5. The Board heard this application at a duly noticed public hearing on September 27, 1995, at which time evidence and testimony was presented with respect to this application. 6. The Board determined that the proposed development does not meet the criteria established in Section 3-80.70 of the Land Use Code. The Board voted unanimously to deny the application as ~f~(1(1.,~^ 3868iS B-797 P-86~1a/?7/95 10:?9R FAG ? OF 9• Resolution No. 95-~ Page 2 evidenced by Resolution No. 95-168. 7. Pursuant to Sections 3-290, 4-150 and 5-220 of the Land Use Code the Applicants filed for a Takings Determination Hearing. e. The Board of County Commissioners heard the Applicant's appeal of the September 27, 1995 denial on October 11, 1995, at which time further evidence and testimony was presented with respect to the application. 9. The Board determined that the previous denial does constitute a regulatory taking as defined in the Pitkin County Land Use Code. In order to avoid this situation, the Board resolved that the Applicant will be granted an approval to build single-family residences on the subject properties, provided the Applicants comply with all other required conditions of approval in this document. NOW, THEREFORE, HE IT REHOLVED by the Board of County Commissioners of Pitkin County, Colorado that it does hereby rescind Resolution No. 95-168, attached as Exhibit A. HE IT FIIRTHER REHOLVED by the Board that it does hereby approve the Graves/Bent/Leonhardt 1041 Hazard Review and General Submission, subject to the following conditions: 1. The Applicants shall adhere to all material representations made in the application and in the public meetings. 2. Prior to building permit application, the Applicants shall record a 24 x 36 inch mylar 1041 Hazard Review Site Plan for each Lot which meets the approval of the Planning Office and County Attorney. a. The following 1041 Hazard Review Warning and Disclaimer shall be noted on the Plat: ~~~~~~ ?,86815 A--797 G--867 /27/95 10:29A PG 3 OF 9 • Resolution No. 95-~T Page 3 "The provisions of these regulations do not in any way assure or imply that areas outside of designated hazard areas will be free from hazards, or that approved mitigation measures will guarantee the safety of any property." 3. The Applicants shall obtain access permits from the County Engineer, prior to issuance of building permits. 4. The Applicants shall submit drainage and erosion control plans to the County Engineer for each development, prior to the issuance of building permits. 5. Outside illumination shall comply with County lighting standards in effect at the time of building permit issuance. 6. The Applicants shall comply with the recommendations of the DOW as follows: a. Native vegetation shall be preserved within the building envelopes to the maximum extent possible. b. Dogs are prohibited. c. Fencing shall be a maximum height of 42", 4 strands or less with a 12" kickspace between the top 2 strands. Any rail fencing shall be the round type, 48", 3-rail or less with at least 18" between 2 of the rails. d. All garbage shall be kept within bear-proof garbage containers. The DOW can supply specifications upon request (North American Bear Society specifications). e. Horses shall be confined to the approved building envelopes. All hay shall be fenced with 8 foot game- proof fencing. f. The Applicants shall construct low profile homes. 7. Wildfire mitigation shall be as follows: a. A sprinkler system or a foam fire retardant system shall be installed in each residence. The systems shall meet the standards of the Basalt Fire Protection District and the uniform Building Code. b. The Applicants shall have available for firefighting, a water storage facility to accommodate a minimum of 1,000 gallons for each lot. Capacity and location shall be approved by the Basalt District Fire Marshal. ~~~J~~ :i8E+81.~, B-797 G-7jb8 ~0/^c 7/95 10:~9R F~[i 4 Of" 9 • Resolution No. 95-~ Page 4 c. Roofs and gutters shall be kept clear of debris. d. Yards shall be kept clear of all litter, slash, and flammable debris. e. Firewood shall be stacked on a parallel contour a minimum of 15 feet away from any structure. f. At least one ten pound approved ABC class fire extinguisher shall be placed in a visible and accessible location for each structure. q. swimming pools shall be accessible to Fire Department vehicles. h. Fences shall be kept clear of brush and debris. i. wood fences shall not be connected to the structure. j. Fuel tanks shall be installed underground with an approved container. k. Regarding vegetation: 1) All vegetation shall be removed within 10 feet of structures. This area should be maintained in the future as low ground cover (to a height not more than 6 inches). 2) Vegetation shall be thinned within a minimum of 100 feet around all structures, with a minimum of 20 feet crown separation between clumps of oak/serviceberry. Remaining clumps shall not have an aggregate crown diameter in excess of 20 feet. pead limbs and ladder fuels that could carry fire into the crowns of the brush shall be eliminated. Slash shall be properly disposed of by chipping, hauling away, or piling and burning during a safe time period. 3) Maintenance of the "defensible space" shall be required in order to retain it's value as wildfire mitigation. Oak and serviceberry tend to sprout vigorously after cutting, so it will be necessary to trim back vegetation every year or two. 1. Any additional proposed buildings within the building envelopes shall incorporate wildfire mitigation measures. m. Structural Design and Construction Requirements: 1. Roof construction shall be Class A, non-combustible (no wood shake/shingles) material with no flat ®~~~}2~ 386815 P-797 F'-869 /27/95 i.@:29G FAG v OF 9 • Resolution No. 95-~ Page 5 roofs. 2. Vents shall be screened with corrosive resistent wire mesh with mesh 1/4 inch maximum. n. Structural Design and Construction options: 1. Projections at the roof line (which include but are not limited to eaves, cornices, soffits, and roofs over open decks) shall be sheathed with materials approved for 1 hour fire-resistive construction. 2. For projections below the roof line (which include but are not limited to exterior balconies, decks, porches, cantilevered floor projections, and bay windows) the open space between grade and the underside of projections below the roof line shall be enclosed by solid, vertical walls. These walls shall be constructed with materials approved for 1 hour fire-resistive construction on the exterior side of the wall and shall extend from the top of grade to the underside of the floor decking or walls of the projection. 3. Windows shall be made of tempered glass. 4. Exterior siding and wall construction shall have a minimum 1 hour fire-resistive rating, ground level to roof line. 5. Foundations, skirting and crawl space openings shall be fully enclosed and constructed with materials approved for 1 hour fire-resistive construction on the exterior side of the walls and shall extend from the top of grade to the underside of the floor decking or walls. 6. The underside of decks and structures with stilt foundations shall be fully enclosed and constructed with materials approved for 1 hour fire-resistive construction on the exterior side of the walls and shall extend from the top of grade to the underside of the floor decking or walls. o. Addresses shall be clearly marked and visible with minimum 2" letters. p. All utility extensions shall be buried within the driveway alignment. q. Propane tanks shall be installed according to NFPA 48 ~~~~~7 X86815 B-797 G-870 17/95 1@: 9A FAG F OF 9 • Resolution No. 95-~~ Page 6 standards and on a contour away from the structure with standard defensible space vegetation mitigation around any above-ground tank. Any wood enclosure around the tank shall be constructed with materials approved for 2 hour fire-resistive construction on the exterior side of the walls. 8. The Applicants shall consider purchasing a portable foam system for fire fighting that can be accessed and utilized by the residents of the subdivision and firefighting personnel. 9. Prior to issuance of building permits, the Applicants shall provide documentation of an adequate domestic water supply. Quantity and quality of said supply shall meet the approval of the Environmental Health Department. 10. The septic systems designed for each site shall meet the approval of the Environmental Health Department. The Applicants shall obtain such approval prior to the issuance of building permits. il. The Applicants shall obtain fireplace/woodstove permits from Environmental Health Department, prior to the issuance of building permits. 12. No development, including disturbance of vegetation and grading, shall occur outside of the building envelopes, other than that required for wildfire mitigation, construction of the access driveways and necessary utility extensions within the access driveway. 13. The building sites shall be revegetated with native grasses to limit water consumption and additional runoff, immediately following project completion. 14. The principal structures shall be limited in size to square feet of floor area. All structures shall be limited to a maximum height of 0 feet. 15. The Applicants shall waive their right to any compensation from the Division of Wildlife for property damage caused by bears. 16. Building foundations shall be reviewed and certified by a Colorado registered professional engineer. The certified foundation plans shall be included with the building permit submittal. 17. The access driveways for Lots 3, 8 & 10 shall be reviewed and certified by a registered engineer or surveyor, prior to the issuance of an access permit. ~~U~28 38G81°, P-797 F'-871 ll~/~95 1a;29R CO 7 OF 9 Resolution No. 95-~ Page 7 18. The Applicant shall obtain Board of Adjustment approval of a variance to the front yard setback for Lot lo, prior to the issuance of a building permit. 19. The Applicants and future owners and assigns shall maintain membership in the Stone Road Association. APPROVED AND ADOPTED ON TH8 11TH DAY OF OCTOBER, 1995 BOARD OF COIINTY COMNISSIONERB OF PITRIN COUNTY, COLORADO_ e Jones,% Clerk and Recorder APPROVED A8 TO FORM: John-$}y, L~~" County Attorney ~'~/gal reso_gravee_1041 8y ~/G Michael C AS TO CONTENT: a aw °+°sic~.Y ~ Actinq Community Director JOOD29 • • ~figiT ,~ .'•85947 P-795 P-90 O9/c8/95 ~1:21P pr 1 OF c REC DOC NO 3ILVIA DA M S pITKIN COUNTY CLERK ~ RECORDER Q. 0O RESOLUTION OF THE HOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY COLORADO, DENYING THE GRAVES/BENT/LEONHARDT 1041 HAZARD REVIEW & GENERAL SUBMISSION ResolutlOa NO. 95-~J RECITALS 1. Lauren Graves, Dorthea Bent, and Anne Leonhardt, hereinafter "Applicants", have applied to the Board of County Commissioners of Pitkin County, Colorado, hereinafter "Board", for approval of the construction of single-family residences on separate lots in the West Sopris Creek Subdivision, pursuant to the Pitkin County Land Use Code. 2. The Applicant's lots are zoned RS-30 and are each oven 35 acres in size. 3. Said lots are described as Lots 3,8,10 and 14 of the West Sopris Creek Subdivision (formerly the Terliamis Tracts). 4. The Pitkin County Planning and Zoning Commission reviewed this application on June 20, 1995 and has forwarded a recommendation of denial to the Board, based on severe wildfire hazard on all four of the subject properties. 5. The Board heard this application at a regularly scheduled meeting on September 27, 1995, at which time evidence and testimony was presented with respect to this application. 6. The Board determined that the proposed development does not meet the criteria established in Section 3-80.70 (A)(1&2) of the Land Use Code. 7. All four development proposals were found to be 386815 R-797 F'--87~ 10/~?7/95 1O:29A I='G B OF 9 J~~~~~~~ 33S~3a- 1~-795 R-91 0?i!AS/95 01:21F~ Gr_, ,= pp • Resolution No. 95-% Page 2 unacceptable by the Board based on the environmental hazards to the Life and safety of residents and emergency response personnel. NOW, THEREFORE, HE IT RESOLVED by the Board of County Commissioners of Pitkin County, Colorado that it does hereby deny the Graves/Bent/Leonhardt 1041 Hazard Review and General Submission. APPROVED AND ADOPTED ON THE 27TH DAY OF SEPTEMBER, 1995 '1 ATTEST: ~ i ,a`•, ~,, r~/ ii i_/. r.i i.i .a./ Jeaaette Jonas/ Deputy Clerk 'and Recorder APPROVED AS TO PORM: Soha Ely, County Attar ey .~%~ 2~0_~~~~ denial BOARD OF COUNTY COMMISSIONERS OF PITRIN COUNTY, COLORADO By ~'~9~ Michael C. Ireland, Chairman Date ~~, APPROVED AS TO CONTENT: Tim Malloy, ~ Actiag ~L`dmmunity Development Director 386815 H-797 F'-873 10/c7/95 10:c9fa PG 9 OF 9 ~~nr~3- 'iTATE OF COLORADO Bill Owens, Governor DEPARTMENT OF NATURAL RESOURCES DIVISION OF WILDLIFE AN EQUAL OPPORTUNITY EMPLOYER Bruce McCloskey, Director 6060 Broadway Denver, Colorado 60216 Telephone: (303)297-1192 January 20, 2006 Mike Kraemer Community Development Department 130 South Galena Street Aspen, CG 81611 RE: Lot 14 West Sopris Ranch Dear Mike: Far Wildlife- ForPeople The Division of Wildlife has previously commented on this property in a letter dated 3-18-95 from DWM Kevin Wright. Comments made at that time are still relevant today. Lot 14 of West Sopris Ranch lies within elk and mule deer winter range, and is adjacent to critical habitat, winter concentration area and severe winter range for both. The building envelope lies on the southern end of the property away from the mule deer winter concentration area, which is located on the north side of the property. The parcel also contains black bears along with a variety of other small mammals and birds. In order to minimize the impacts to wildlife, recommendations from the above referenced letter and the following recommendations should be taken: 1. The building envelope should remain as small as possible. 2. No disturbance or removal of vegetation outside of the building envelope. 3. Areas of soil that are disturbed during the construction process should be reseeded with native type vegetation. A noxious weed management plan should also be implemented. 4. Fencing should be held to an absolute minimum. All fencing should adhere to Pitkin County wildlife friendly fencing codes. 5. Dogs should not allowed on site by construction workers. 6. Dogs should not be allowed to harass wildlife. Homeowners should be advised that dogs chasing wildlife is illegal. 7. Bear/human conflicts can be expected in this area and it is necessary to take precautions to minimize these conflicts. -Homeowners should use bear-proof containers for storing trash. -Pets should be fed indoors. -BBQs should be cleaned after each use and stored in a locked shed or garage. DEPARTMENT OF NATURAL RESOURCES, Russell George, Executive Director WILDLIFE COMMISSION, Jeffrey Crawford, Chair. Tom Burke, Vice Chair. Ken Torres, Secretary Members, Robert Bray • Rick Enstrom • Philip James • Claire O'Neal • Richard Ray • Robert Shoemaker (~ ~ (1(1 '~ ^ Ex Officio Members, Russell George and Don AmeM Y J Thank you for the opportunity to comment. If you have further needs or questions please feel free to contact DWM John Groves at (970) 947-2933. Sincerely, fW Pat Tucker Area Wildlife Manager Cc: DOW - J.Bredehoft, R.Velarde, J.Groves, file 0®(1~13~ MEMORANDUM TO: Ezra Louthis Pitkin County Community Development FROM: Rob Lipton and Cinthia R. Andr ~___ DATE: August 15, 2005 RE: 1800 STONE ROAD In our memorandum dated August 9, 2005, we sent an older version of the Improvement Location Certificate depicting the driveway correction. Enclosed herewith please find the most current ILC dated July 25, 2005, so as to ensure that you have updated information regarding our property for your files. In the event you have any questions or require further information, please do not hesitate to contact us at (970) 927-1927. In the interim, we would like to thank you for your expertise and professionalism. We will welcome the opportunity to work with you again in the near future. Enclosure (1) ILC dated 07/25/05 MEMORANDUM TO: EZRA LOUTHIS FROM: CINTHIA R. ANDREW DATE: AUGUST 9, 2005 RE: 1800 STONE ROAD Pursuant to your request, attached herewith please find our correspondence regazding the driveway relocation for the aforementioned property, together with the Improvement Location Certificate that reflects the improvement that was completed in October of 2004 for your files. In the event you have any questions or require further information, please do not hesitate to contact me. It was a pleasure meeting you, and I would like to thank you for taking the time to clarify this issue for me. I will look forward to working together with you and Pitkin County in the near future. OOG1~?3~ Pl'TxrN CouNTY ATTORNEY John M. Ely Courthouse Annex Building connrygrroraey 530 East Main Street, Suite 302 Aspen, Colorado 8161 1 Christopher G. Seldin Asststan(Covnty Attorney Tel: (970)920-5190 Fax: (970) 920-5198 Cartington Brown Code Eaforcemem Officer July 23, 2005 Robert Lipton and Cinthia Andrews 1800 Stone Rd. Basalt, Co 81621 Deaz Mr. Lipton and Ms. Andrews, Legal Assistants: Lisa MacDonald lane Achey I am the Code Enforcement Officer for Pitkin County. This letter serves as a Notice of Violation of the Pitkin County Land Use Code. I have received a complaint that a new driveway to your property has been constructed. I have visited the area and see there does appear to be a recently constructed driveway that loops to the south east of the original driveway, which has been graded over. The June 28, 2003 approved site plan for this lot ("Top of the Hill", #14 of West Sopris Ranch) shows the original driveway, the new driveway that is in place now does not appear on the site plan. I am unaware of any permits or approvals relative to this new driveway. Subsequently, it appears that the new driveway has been built without approval from Pitkin County and is therefore in violation of section 7-20-020 (A) (B) of the Pitkin County Code. To remedy this situation please contact Mr. Ezra Louthis of the Pitkin County Community Development Office 920-5092 to obtain the proper permits and approvals for the new driveway. Please contact Mr.Louthis by 7/29/05. I appreciate your cooperation and diligent remedying of this situation. If you have questions, I may be contacted at 970-920-5196. Sincerely, Carrington Brown Code Enforcement Officer ®Ot~~136 i use. ~...... > ----- Original Message ----- > From: "Ezra Louthis" <ezral@ci.aspen.co.us> > To: <residentialdesignassociates@comcast.net> > Sent: Friday, July 22, 2005 10:55 AM > Subject: Fwd: Violation notice » I'm available during the first week of August. Just let me know. I » should » also point out that the property has received a Notice of Violation for » what appears to be some illegal road making. Do you know about this? In » the event there were no permits for this road, we will not accept any » applications until the situation has been re-mediated. » Ezra ©OUO37 . n . mr~.ni~M~[_~_ti:,..,ni'ln_.,..a:..,.CTT ~i~zr~nnc ROBERT I. LIPTON CINTHIA R. ANDREWS Post Office Box 3317 Aspen, CO 81612-3317 Telephone: (970) 927-1927 Telecopier: (970) 927-9313 Mr. Carrington Brown Code Enforcement Officer Pitkin County Attorney 530 East Main Street, Suite 302 Aspen, CO 81611 Mr. Ezra Louthis Pitkin County Community Development 130 South Galena Street, 3`d Floor Aspen, CO 81611 Dear Mr. Brown and Mr. Louthis: We are in receipt of Mr. Browns letter dated July 23`d, 2005, via e-mail from Ezra Louthis. Please note our correct address above for future reference, as we do not receive mail at our residence. This serves to address the concerns of your letter, and we respectfully submit the following: 1. When we were forced to take over the completion of our home on August 18`s, 2004, we encountered several issues due to defective construction. There was an onslaught of problems to address, among them a driveway that could not accommodate fire appazatus. Please note that having survived a rural propane explosion in 1986, Cindy is extremely cognizant of the need to have rural property accessible, especially for emergencies. We had a serious problem with the proposed driveway not being adequate for access and turns for fire apparatus, and consulted with both Pitkin County and the Basalt Fire Mazshal to remedy the situation in August and September of 2004. 2. We were told at Pitkin County Community Development to contact Bud Eylaz regazding the permit. Due to the fact we had already pulled a permit for the driveway by Bespoke Builders, Permit #0962.2003, Bud did not require us to pull another permit given that the original proposed driveway was in need of correction, and construction of the home was not completed. Bud was informed we would be working with Bill Hazding, Basalt Fire Marshal, to correct the driveway deficiencies. We subsequently hired the sub-contractor that had built the majority of the roads in the Sopris Mtn. Ranch azea for his expertise to bring the driveway into compliance for both radius and width for fire appazatus, according to the requirements set forth by Mr. Hazding. ®®(~~i38 3. Prior to and following the corrections, Mr. Harding availed himself for inspections and deferred to Mr. Eylar for structural stability and drainage. The corrected driveway was completed in late September, 2004. Please see correspondence attached herewith. 4. On October 18`", 2004, Brian Pawls conducted a final inspection after we had made all the corrections required from his initial August 27`", 2004 inspection, and also completed additional requirements in order to obtain our C/O on November 9~', 2004. It was our understanding that we were in compliance with all of the counties requirements, and that all departments had signed off when we were given our C/O on November 9a', 2004. If necessary, we can provide the county with the revised ILC illustrating the conrected driveway, however, this was not requested at the time to obtain our final C/O. Please do not hesitate to contact us if you have any additional questions, or if we may be of firrther assistance. We would appreciate your written confirmation that our providing you with the aforementioned information will remedy this situation. Sincerely, Robert I. Lipton and Cinthia R. Andrews RILaom Enclosures cc: Ezra Louthis OOE1~339 ~~ ~~ ~~ ~~oJ9,~~ ~9,~~ August 19, 2004 via Telecopier (970 920-543>~°- Mt. Tony Fusazo Community Development 130 South Galena Aspen, CO 81611 RE: 1800 STONE ROAD Deaz Mr. Fusaro: Pursuant to our telephone conversation today, this letter serves to confirm that we have changed contractors. Kary beavers dba Bespoke Builders/KHD Development is no longer the general contractor. We have hired Synergy Designs as our General Contractor, and they will finish the project. As discussed, please copy all of the permits, inspections, plans and any pertinent papers for us. Please contact me at 927-1927 when they are available for pick up. Again, thank you for your assistance in this matter. Please know it is greatly appreciated. Enjoy your vacation! azds, Cinthia R. Andrews CRAaom ®~)A~4~ 130 S. Galena St, 3"' Floor Aspen, CO 81611 (970) 920_5090 Faz (9'70) 920-5439 /~~ V`O'ID PEBIVIIT' MUST BE KEPT ON SITE AT Read mshuctions on the reverse '`~I+L TIMES `~,~~,``y- Applicant Bespoke Builders, Inc, •ort.~-_Z~. /~ Address P.O. Box 569 on` 27-5000 ~~ v""~'"- Property C+wn r' pro rties ~ FaX 927-7660 ACCESS DRI ,WAY DE VELOPA'IENT PERMIT rERZ~r # ~ ~5. , Permit Administrative Fee CI.~CI{# ----- ~ 14 ~ ~5-C~ e s Namer.efe s P owmass CO 81654 Property Owner's Ad Rec ReSO`v Phone 927-8014 Le des des 280 Gatewa Road Fax 927'8014 Saz eription ofpropetty to be access City/state/zi Located on the North P mss, co e,ss., -~__~side of Co~miy Road # ~-'~` ~-~- West Sopris Creek `~~~~' Address of r Road (Provided a detailed also own as P operty to be accessed; 1800 Stone Road showing the location at legibl cse-al )e)e (PirTdr Cowuy sta$will determine the odrbesa.) Parcel ID number of --.~__ (Chec4 www. Pt'opetty to be accessed 2465-153-00-006 pit,Ein--mom or Call the Pitkin Coup I'~~ of P~niY Six ty ~'seasor's Office ar 920.5160 for the Construction to }~ Months ParcellDnumber.J Sin on (date): June 1 2003 Zone Distttct Is there existing access? Yes -"`i'--- Do other roads/easements abut property? No FO1 agricultural access, how many acres? N t licable For residential access, t3'Pe/number dwelling ~~ One For commercial, number/sq.it. of business Not A plicable D~ ~ ttention: APPlicants must go tlrtouglt'a ~ ~~, Process with the Co ~ePartment for utility installation for areas with mare than a 30% s ~ Community. Included with this ication shall be the following; ® Driveway P1 n/pro5le s win ® ' nce wr B l;rade ^ Drainage plan with Coun ®Specific site r~ aPP~vals a Board ofAd' n' ROad sh°~ vicinity map J~nnent approval (if applicable) ons attached to any Land Use Approval^ Access Hasement A ^ Written 8reements (if applicable) ® Contoor m9f of a license or a8nement to cross RTA prop~y if a p showing two foot in;etvals ( PFlicable) NAME: Bespoke Builders, Inc. (Applicant) c ~~ J fj'~~ /'fJ' °~ ~~O ^ZGOC' a~ ,~ ~- /~~.~- r DATE; MaY 22, 2003 ~~ 1~ ~ ~ ~~ ~ / U "dUJ.~ ~ ~Z3 -off y '. t Page 1 of 2 Cinthia R. Andrews Gerash Toray & Gerash, P.C. Mile High Center 1700 Broadway, Suite 1006 Denver, CO 80290 Telephone: 303-830-0630 Telecopier: 303-832-9552 E-Mail: candrews@gerashtoray.com CONFIDENTIALITY NOTICE: This email and any attachments are confidential and may be protected by legal privilege. If you are not the intended recipient, be aware that any disclosure, copying, forwarding, distribution or use of this email or any attachment is prohibited. If you have received this email in error, please notify us immediately by returning it to the sender and delete this copy from your system. Thank you for your cooperation. From: Bill Harding [mailto:bharding@basaltfire.org] Sent: Thu 10/28/2009 5:43 PM To: Vicki Monge Cc: Cindy Andrews; Bud Eylar; Tony Fusaro Subject: RE: 1800 Stone Road, Preferred Resort Properties Vicki, >From the fire department perspective the property project is acceptable for C of 0. I offer the following toward final documentation. Access: I observed the new road construction to the site. It has the width and radius to accommodate fire apparatus. The structural stability of the road within the drainage is beyond my scope to assess. I would defer to Bud Eylar for that. Brush Mitigation: The brush mitigation appears compliant to the 1041 review. Fire Suppression System: The sprinkler system complies with the mi ni.mum standards of NFPA 13-D, Installation of Sprinkler Systems in One and Two-Family Dwellings... If I can be of furhter assistance please feel fre to contact me. Sincerely, Bill Harding Fire Marshal Basalt and Rural Fire Protection District 1089 JW Urive Carbondale, CO 81623 (970)704-0675 ~(~~~'~~ Page 2 of 2 -----Original Message----- From: Vicki Monge [mailto:vickim@ci.aspen.co.us] Sent: Tuesday, October 26, 20093:31 PM To: bude@ci.aspen.co.us; bharding@basaltfire.orq Subject: 1800 Stone Road, Preferred Resort Properties Bud & Bill, Are you okay with issuance of the CO for this new 1196 sq. ft. SFR? Thanks. Vicki U ~'A~`2^ FI'I'KIN Gf~LINTY AT"I'ORNEY John M. Ely Courthouse Annex Building 530 East Main Street, Suite 302 Connry Attorney Aspen, Colorado 81611 Ch[istapher G- Seldin Assistant County Attorney Tel: (970) 920-5190 Fax: (970)920-5198 Carrington Brown Code Enforcement Officer July 28, 2005 Robert I. Lipton Cinthia R. Andrews Post Office Box 3317 Aspen, co 81612 Dear Mr. Lipton and Ms. Andrews, LegaLlssumnls: Lisa MacDonald Jane Achey Thank you for your recent letter in response to my Notice of Violation of July 21, 2005. I appreciate your detailed explanation and have confirmed that Bud Eylaz told you to go ahead with the driveway change without pursuing another permit. I have spoken with Lance Clark and Bud Eylar and we consider the matter of the change to the driveway to your 1800 Stone Rd. property closed. Again, thank you for your response and cooperation. If I may be of assistance to you in the future please don't hesitate to contact me. Sincerely, ~ C.~---~ Carrington Brown Code Enforcement Officer ~i ROBERT I. LIPTON CINTHIA R. ANDREWS Post Office Box 3317 Aspen, CO 8]612-3317 Telephone: (970) 927-1927 Telecopier: (970) 927-9313 ` December 9, 2005 Mr. Ezra Louthis, Planner Pitkin County Community Development Department 130 South Galena Street Aspen, CO 81611 RE: APPLICATION FOR MINOR AMENDMENT TO DEVELOPMENT PERMIT FOR PARCEL NO. 14, WEST SOPRIS RANCH, (PARCEL ID. NO. 246515300006) Dear Ezra, This is an application to amend the approved building envelope for Parcel No. 14, West Sopris Ranch. The purpose of this minor adjustment is to expand the configuration of the existing building envelope to accommodate the well and septic system design compliance per the Environmental Health department. As you know, we have developed approximately 1,200 s.f. of the 5,750 s.f. residence that can be constructed on the property. Due to the unique topography of this particular site and a negative easement with adjacent Lot 13, we are faced with certain constraints as to the scope and design of the home. The application is being submitted by Robert I. Lipton and Cinthia R. Andrews, the owners of the property (hereinafter, "the applicants"). A legal description and proof of ownership of the property is provided in the Title Insurance Policy, attached hereto as Exhibit #1. The applicants are representing themselves as the Owners/Builders for purposes of this application. You issued apre-application conference summary on July 6, 2005 (see Exhibit #2, Pre-Application Conference Summary). In that document you indicated that the development review procedure established by the Pitkin County Land Use Code to accomplish this project is as follows: Minor Amendment to a Development Permit, pursuant to Section 3-200-080 of the Land Use Code, to amend the configuration of the approved access/landscape envelope for the property. ®~jsy~ 1 Mr. Ezra Louthis December 9, 2005 Page Two The following sections of this application identify the provisions of the Land Use Code applicable to this procedure and provide responses to the applicable County standards. First, however, a brief description of the property and an explanation of the purpose of the proposed amendment are presented below. Property Description The subject property is a 35.36 acre lot of record located on Stone Road, at the top of West Sopris Ranch. The lot is one of 15 lots that comprise the West Sopris Ranch Subdivision. The parcel received 1041 approval through a takings, pursuant to Resolution No. 95-179. The existing envelope was established to avoid steep slopes and wildlife to the north, and wildlife to the south. The requested envelope expansion cannot encroach onto slopes in excess of 30%. The proposed envelope is in compliance with this requirement. The lot has a limited area that is relatively flat for development, with significant slopes on the property being located to the north and south of the property. The driveway provides access for emergency equipment and access to the neighboring lot to the east of the subject property. Harris, the former owner of the site, was granted 1041 review and approval by the Community Development Director, Pursuant to Administrative Decision Determination No. 25-2003. The site plan for the Harris Amended Lot 14, 1041 Hazard Review Map for the property is recorded in Plat Book 65 on Page 77. Purpose of Proposed Septic System Due to the topography of this particular parcel, there is limited area for Che well and septic system locations for compliance with the requirements of Pitkin County Environmental Health. There is a requirement that the well be placed 132 feet from the septic system. The current location of the septic system does not provide for this distance from the point of the site where the well is to be located. The first order of business was to request a site inspection by Shelton Drilling Corporation for consultation on drilling the well. The site topography determined the well location, due to the limited area for development. Site location is also contingent upon large equipment access, pump installation, service and replacement. The most level area for drilling equipment was identified, and the estimated depth will be approximately 700 feet. The recommendations for well location following this site inspection are reflected in the Proposed Lipton/Andrews Amended Lot 14, 1041 Hazard Review Map for the property attached hereto as Exhibit #5. f~(~!~(~ G 4; ~i Mr. Ezra Louthis December 9, 2005 Page Three .] Site inspection for the septic system design was conducted by Edward O. Church, P.E. of Church OWC, LLC, Engineer's Submittal for Septic Permit attached as Exhibit #3, and the Engineer's report is attached hereto as Exhibit #4. Mr. Church noted that the septic system and leach field will meet the specifications of the building code and land use code by relocating two of the existing infiltration rows to the north of the property. This will not encroach onto slopes in excess of 30% and will be a minimal intrusion to the site for installation with no permanent evidence following re-vegetation of the row excavation sites. The septic system requires approximately 885.437745 sq. ft. w/50% trench reduction and approximately 57 gravel-less chamber units. The existing 2,000 gallon tank will remain in its current location as it is compliant with the separation distance required for the well system. The recommendations following this site inspection are reflected in the Proposed Lipton/Andrews Amended Lot 14, 1041 Hazard Review Map For the property attached hereto as Exhibit #5. The applicant hereby requests that the County approve the proposed minor amendment to the development permit (building envelope modification) to facilitate Pitkin County Environmental Health compliance for the septic system design and well location. Proposed Residence Expansion The current residence is approximately 1,193 sq. ft. The proposed expansion will increase the size of the home to approximately 5,750 sq. ft. The site topography and building envelope configuration greatly restricts the development possibilities of the property. Architectural design, consultation and production was conducted by J.C. Fernandez of Residential Design Associates. Several configurations were proposed and conceptual drawings were provided as well as site layout of the proposed designs. Many factors were considered and incorporated into the unique topography of the building envelope, and the requirements for code compliance. Based upon the design professionals recommendations, we have formulated the proposed design for the building site. The proposed expansion does exceed the existing building envelope on the northwest section. Hence a small section modification is sought, and the engineers at High Country Engineering have extended the building envelope boundaries to follow the site topography. The recommendations following this proposed site development are reflected in the Proposed Lipton/Andrews Amended Lot 14, 1041 Hazard Review Map for the property attached hereto as Exhibit #5. ®~)~~G.~ Mr. Ezra Louthis December 9, 2005 Page Four The applicant hereby requests that the County approve the proposed building envelope modification to facilitate Pitkin County Building and Land Use Code compliance for the location of the new residence and infrastructure to be contained within the building envelope. Minor Amendment to a Development Permit As noted above, staff has determined that the request to change the building envelope to accommodate the well and septic system design, and residence expansion, can be processed as a minor amendment to a development permit. Section 3-200-080 of the Land Use Code authorizes the Community Development Director to grant a minor amendment to a development permit when the following conditions are met: A. The amendment must not change the use of the proposed development between residential, commercial and tourist accommodation uses. Response: No change in use is proposed. B. The amendment must be consistent with action taken during the review of the original development and does not constitute a new land development activity. Response: The proposed amendment would be consistent with the original action. The approved site plan for this property depicts the approved development envelope on this property. The approved development envelope includes the only level portion of the entire lot. We are proposing a minor amendment to the building envelope to accommodate the requirements of electric, well and septic systems being contained within the building envelope. Due to the unique topography of this building site there is a relatively small building envelope for the 35.36 acre lot, and the only change proposed by the applicant is that the development area for this site be modified for containment of the systems required for compliance with the county. Furthermore, the county has recognized the fact that it is not subject to any natural hazards and has granted the applicant the right to develop this land. This is not a new land development activity, but rather a shift of the envelope to meet the distance requirements of the well and septic systems, and to allow a small corner of the proposed residence to be included within the envelope. The applicants believe that this request to modify the building envelope in order to establish the correct locations of required systems is consistent with the original approval. Mr. Ezra Louthis December 9, 2005 Page Five C. The proposed activity does not: 1. Change the hasic chm•acter of the approved use of land on which the activity occurs including basic visual appearance and method of operation; 2. Increase off-site impacts in the surrounding neighborhood; 3. Endanger the public health, safety or welfare; 4. Violate any Land Use Code standard, 5. Substantially increase the need for on-site parking or utilities, or affect affordable housing generation; and 6. Increase the,floor area of the use by more than two percent (2%) or decrease the open space on the site by more than three percent (3%). Response: The proposed minor amendment to the building envelope does not cause any of the above impacts. The property will continue to be served by a driveway located in the same area as the existing driveway. The creation of the proposed building envelope will not increase off=site impacts. It will actually improve the public health, safety and welfare by providing an improved fire truck turnaround location, correct distances from the well site and building to the leach field. All systems integral to the development will be contained within the building envelope. D. Development is prohibited within High Hazard Avalanche Zones. Response: The application does not violate any Land Use Code standard. As requested on the pre-application form, the applicant has evaluated the impacts of this proposal on subsection 3-80-050 regarding Geologic Hazard Areas. The proposed development is located in a hazard-free area on the site and is not located in the proximity of the historical and potential avalanche areas contained to the southern slope of the subject property. The building envelope, and existing driveway access assures the safety of the occupants of the property as they are located outside of the hazard area that has been identified within the 35.36 acre parcel of the subject property. E. Development is prohibited on slopes greater than fifteen percent (1 S%). Response: The proposed development is not located on slopes >_ 15°~u under the substantive review criteria of the Land Use Code, as determined by High Country Engineering in the 1041 Hazard Review Map attached hereto as Exhibit #4. ~®~?~G!1 ~i Mr. Ezra Louthis December 9, 2005 Page Six F Development is prohibited on slopes greater than thirty percent (3U%). Response: The proposed development is not located on slopes in excess of 30% under the substantive review criteria of the Land Use Code, as determined by High Country Engineering in the 1041 Hazard Review Map attached hereto as Exhibit #5. G. The subject property is located within a Wildlife Habitat Area as mapped within .5 miles of elk winter rangeicritical habitat . Response: The application does not violate any Land Use Code standard. As requested on the pre-application form, the applicant has evaluated the impacts of this proposal on subsection 3-80-080 (A) and (B) regarding wildlife habitat areas. K The proposed activity does not: 1. Encroach upon the habitat areas. 2. Propose the residential development be inside the habitat area. 3. Remove vegetation that is beneficial to the browse species. 4. Alter the existing vegetation for the first three infiltrator rows, with the exception of the northern infiltrator row, which will alter only the existing ground cover and will be revegetated after installation with a vegetation equal in type and quantity to that being removed to mitigate effects on wildlife species. This northern row will be installed using a minimal impact installation methodology as discussed with Edward Church, of Church OWC LLC. 5. Destroy food sources beneficial to wildlife. In particular, the fourth inf ltrator row will be installed without removal of the scrub oak that are berry producers. 6. Remove wildlife.foot species. 7. Remove waterholes, springs, seepage, marshes, ponds or other watering holes. 8. Impact endangered species. 9. Impact eagle or raptor nest sites. J~~31~5~ Mr. Ezra Louthis December 9, 2005 Page Seven 10. Propose a mesh or woven fence. 11. Propose a wire.fence. 12. Propose development on an edge area. 13. Remove dead vegetation. 14. Overgraze the range by livestock. I5. Propose development that wo:tld impact wildlife. 16. Deny access to the Division of Wildlife for management. 17 Propose commercial activity.ruch as seismic activity, consn~uction, timber harvesting and recreational use from December 1, dzrough March 31. 18. Propose dogs or a dog kennel be placed within or adjacent to elk, mule deer, and bighorn sheep winter ranges and concentration areas. 19. Block a corridor preventing migration between summer and winter ranges. Response: The proposed minor amendment to the building envelope does not cause any of the above impacts. The property will continue to be served by the existing road and driveway. The creation of the proposed building envelope modification will not increase off-site impacts. As discussed above, it will actually improve the public health, safety and welfare by providing correct distances from the well site and building to the leach field. This proposed design is in accordance with the Pitkin County Environmental Health requirements, so that the proposed development is in compliance with the county codes. Furthermore, the application does not violate any Land Use Code standard. As requested on the pre-application form, the applicant has evaluated the impacts of this proposal on geologic hazard areas, and wildlife habitat areas. The applicant has reviewed this issue with High Country Engineering and the Colorado Division of Wildlife to determine there should be no impacts on the geologic hazard areas, and wildlife habitat areas. ®~J01.~5?. Mr. Ezra Louthis December 9, 2005 Page Eight Finally, the proposal has no impacts on the need for parking, utilities, or affordable housing, and does not change floor area on the site. Conclusion I believe the above responses provide the information you require to process this application. If there is anything else you need, please do not hesitate to contact me. Very truly yours, CRAaom Enclosures (5) ~®t~~5 ~P _...r. .:H.: ,a~ ^' °"~ ~~' tip- . ,.,~ ... ~~ EXHIBIT ~~ CHURCH OWC, LLC Onsite Wastewater Consultants September 28, 2005 Cinthia Andrews P.O. Box 3317 Aspen, Colorado 81612 Subject: OWS Design- Upgraded House Lot 14, West Sopris Creek Ranch Pitkin County, Colorado COWC Project No. Ci22 Ms. Andrews, As requested, CHURCH Onsite Wastewater Consultants (COWC) has prepared a revised onsite wastewater system (OWS) for the proposed house addition. The revisions are based on an increase in the drain field size to accommodate build-out from the original design dated May 8, 2003, under Job No. 15705W. The subsurface investigation was performed by Hepworth-Pawlak Geotechnical, Inc. (HP Geotech) on April 16, 2003. This design will also be a part of a "1041" submittal for revising the Building Envelope. SITE CONDITIONS The property is in a rural area in Pitkin County, where OWS are required. The proposed drain field area has an approximate 20% slope to the north and a moderate cover of native grasses, sagebrush, and scrub oak. Water will be provided by a well located 132 feet from the proposed drain field. An OWS was designed 2003 and installed in 2004. Based on the proposed addition, two of the existing drain field trenches do not meet setback requirements and will have to be replaced by trenches to the north. PROPOSED CONSTRUCTION Afour-bedroom house with a living area of 5750 ftZ is proposed at the location presented on Figures 1 and 2. The OWS was sized based on 4 bedrooms and 800 gallons per day (GPD) using Pitkin County Environ- mental Health Department (PCEHD) loading of 100 gallons per day per person. The loading with a peaking factor of 1.75 is 1400 GPD. This loading includes washing machines and garbage grinders. A well is to be drilled. The well must be 132 feet from the nearest OWS trench. SUBSURFACE COND1TIONS The subsurface investigation was performed HP Geot~h by digging three perwlation holes, 55 to 61 inches deep, and one profile pit in the area of the existing trenches. Subsurface materials in the profile pit consisted of 1 foot of sandy topsoil, underlain by silty, gravelly sand with cobbles to the maximum depth explored of 8.5 feet. Ground water was not encountered. Percolation tests indicate percolation rates of 20 to 72 minutes per inch (MPI). The average percolation rate is 40 MPI. Percolation data is included as Appendix A. P.O. BOX 527, Wheat Ridge, CO 80034-0527 Voice: 720-898-3434 FAX: 720-898-3455 • OWS Den Upgrade, C122, 09-28-OS Page 2 RECOMMENDATIONS The OWS should be installed as specified on Figures 2 and 3. An existing 2000-gallon, 2- compartment precast concrete tank is adequate for the proposed constructed and can be used. It is recommended that chambers be used. A 50% reduction in the drain field size is included for using gravel-less chamber trenches. Three 3-feet by 87.5-foot and one 3-feet by 93.75-foot chamber trenches are required, for an absorption area of 884 ftz. Three of the trenches will contain 14 "standard" chambers and one trench will contain 15 "standard" chambers. Typical drain field details are presented on Figure 3. If "standard" chambers are not available, and equivalent Quick 4 configuration can be used. Vehicular movement over the field area should be kept at a minimum to avoid compaction of the receiving soils. Dump trucks and rubber-tire backhoes are to be kept off of the proposed field area. The surface of the field should be seeded after installation of the system. A seed mix, such a~ "Pasture, or Prairie" should be used. These mixes do not require irrigation and develop a growth SO to 15 inches high. No automatic sprinkler system should be installed over the field. Vehicular traffic and small livestock pastures should be kept off the drain field. INSTALLATION OBSERVATIONS The installation of the OWS is to be observed by the design engineer. Observations are required on the open-hole excavation and prior to final backfill. The open-hole observation should be performed prior to installation of dispersal gravel. The final observation should be pertormed prior to backfill, after placement of dispersal gravel and distribution pipes. Septic tanks and plumbing, as applicable, can be observed during either visit. Our office should be called to observe the installation of the OWS 24 hours in advance. Installation observations, OWS redesigns, restaking of drain fields or additional site visit requirements in addition to those required for this design, are not included with this design and will be at an additional fee per the service agreement and/or fee schedule. OPERATION AND PREVENTATIVE MAINTENANCE SCHEDULE The goal of an operation and maintenance schedule is to observe the operation and perform minor maintenance to the OWS to allow for proper, long term functioning of the system. We suggest an operation and maintenance schedule or contract with a private maintenance company exist. Septic tanks.• The scum and sludge accumulation in the septic tanks should be monitored yearly. Once the scum or sludge thickness reaches 25% of the chamber depth, the entire chamber should be pumped. We anticipate a pumping frequency of 1 to 3 years at design flows. An alternative is a regular pumping frequency of every year. Fi/terand Effluent Pumping System: The effluent filter at the septic tank discharge should be cleaned (hosed off) at the time of pumping or as needed. Drain Fie/d.• The surface around the trenches is to be observed monthly for signs of failure such as lush vegetation growth or effluent ponding. Liquid levels in each field section are to be observed through the observation pipes and levels recorded. Flow to each field is to be controlled through the distribution valves and should be diverted if effluent is observed ponding in any trench. P.O. BOX 527, Wheat Ridge, CO 80034-0527 Voice: 720-898-3434 FAX: 720-898-3455 JO(l(~55 • OWS D~ Upgrade, C122, 09-28-OS Page 3 Genera/.• System users must realize an onsite wastewater system is different from public sewer service. There are daily considerations such as not putting plastic or other non- biodegradable material into the system. Water use should be monitored so toilets are not allowed to run when seals malfunction. Allowing fixtures to flow continuouslyto prevent water lines from freezing is not acceptable. Although the proposed system can accommodate variable flows, spreading water use over several hours and eliminating peak flows is recommended. To illustrate the point, a malfunctioning toilet can consume in excess of iD00 GPD. Excessive daily loading could flood and irreparably harm the OWS. We caution against installation of a water softener. The chemical and hydraulic loading from the backwash of a water softener may be detrimental to the OWS and a separate drywell should be constructed for the backwash waste, if a softener is installed. No landscaping or plastic can be used over the field, which will reduce performance of the field. The design of the OWS is based on the treatment of domestic sewage only. Swimming pool or spa water is not to be discharged into the OWS. The proposed system design is based on design flows in the report. Increased flows may hydraulically or organically overload each respective OWS, causing premature failure. LIMITATIONS Our investigation, layout, design, and recommendations are based on data submitted. If conditions considerably different from those described in this report are encountered, we should be called to observe the conditions. If proposed construction is changed, we should be notified to evaluate the effect of the changes on the wastewater system. All construction is to be in accordance with the Individual Sewage Disposal System (ISDS) regulations. Pipe type and size, burial requirements, and other specifications, which are not depicted in our report, are to conform to the requirements of the ISDS regulations. The installer of the system is to be approved by the PCHD and is to have demon- strated knowledge of the ISDS regulations and requirements. If you have questions or if COWC can be of additional assistance, please contact us. Best regards, CHURCH OWC, LLC Edward O. Attachment 3 copies sent P.O. BOX 527, Wheat Ridge, CO 80034-0527 Voice: 720-898-3434 FAX: 720-898-3455 ~Ct)f~56 0 c~ c PARCEL 7 4, WEST SOPRIS CREEK RANCH I PITKIN COUNTY, COLORADO SCALE 7"=200' PARCEL 13 lJ I 2 XISTING WELL LDING JELOPE • vi ivy rvl 1 VYY V, LLV ENGINEER: Onsite Wastewater Consultants SITE PLAN DESIGNED aY:EDC DRAWN BV: RAS Onsite Wastewater Engineering - Geological Engineering cNECrceD Bv: Eoc P.O. Box 527 Wheat Ridge, Colorado 8003x0527 PROJECT NO. C122 Voice: 720 898-3434 Fax: 72o asa-aa55 FIGURE NO. i ' • • ~ • PTKIN L 1 U'NWESTOLORAD C~`~ RANCH 12. ~• ~2~~'J \000-GALLON, 1"=2Q' F LIDS ~ ntBAR AND CAP 2TMENT r07,.W /LS No. 19598 FOUND TANK a~. 0 Loc 'on of distribu ' box 0 ~~ m ~~ . Q ~N. a. ~ '~ `~ REVISED AS-BUILT WITH CABIN FROM ILC OF VISION DESCRIPTION I~HUHLH tit ASSOCIATES, LLC. Onsite Wastewater Consultants Onsite Wastewater Engineering - Geological Engineering P.O. Box 527 Wheat Ridge, Colorado 80034-0527 j ~ Voice: (720) 898-3434 Fax: (720) 898-3455 .SIGNED BY:EOC 2AWN BY: RAS 1ECKED BY: f-OC DATE: 09/2005 PROJECT NO. 15705 FIGURE NO. 1 - @S PARCEL 14, STS ~~RIS `\ PITKIN COUNTY, OLORA~RO LESS THAIab000 SF /~ a m o, ~ U a 119: 500 ~ndi~ / MUST BE MINIMUM Onsite Wastewater Engineering - Geological Engineering (~ ~ 5 S P.O. Box 527 Wheat Ridge, Colorado 80034-0527 Voice: (720) 898-3434 Fax: (720) 898-3455 TRATOR ROWS %\ G ~~e\oPe PROP( 4525 72. PROPOSED MOTOR COURT ~1 , OWS FOR PROPOSED HOUSE \„ _ NEW 4" ~ RISER _ o r rNEW 4" PVC jXIS77NG 4.. P RISER R to remain\ ~~ ~ !G' REBAR 75 707"W ~ o l5 N0. ~9 98 P 47,88• ~ OUND '~ ~. ~XISTING 4" PV _2(ISTIN~ G~ c~ ~o~o RISER to remain O f XrSnNS ROAO 1"=20' NO REVISION DESCRIPTION DATE t r !NG INEER: DESIGNED BY:EOC BRAWN BY: RAS HECKED BY: EOC. DATE: 09/2005 PROJECT NO. C122 FIGURE NO. 2 TOP VIEW TYPICAL PLAN VIEW -N.T.S. FLOW SPLI 4" PVC EFFLUENT (MIN. I/8" PER F00 TYPICAL CROSS-SECTION - N.T.S FILL 4' TOTAL -FOUR TRENCHES 4" SDR 35 PVC OBSERVATION/VENT PIPE WITH CAP ' MIN. SCOPE FOR DRq~NAGE 1.5' .MIN ~ EXTENT OF EXCAVATION CALCULATIONS AND SPECIFICATIONS DESIGN CRITERIA RESIDENCE = 4 BEDROOMS, 5750 SF LOADING = 100 GAL/DAYIPERSON TOTAL LOADING = 0 = 1400 GPD PERCOLATION RATE = T = 40 MPI AREA = ((I.75 X 800) X SaRT 40) / 5 = 1771 SF 50% REDUCTION FOR TRENCHES = 885 SF GRAVELLESS CHAMBER 3' BY 6.25' 75 FLOW SPLITTER BASIN SIDE VIEW FIBERGLASS LID WITH FINAL GRADE `STAINLESS STEEL BOLTS 1. IF~n~~~/ & URETHANE GASKET. -""" IBBED PVC BASIN 4" PVC I 4" 4" PVC II INFLUENT 3 ~~ ISCHARGE FROM PIPE SEPTIC TANK ROMMET INSTALL "SPEED LEVELER" TRENCH SPECIFICATIONS NUMBER OF TRENCHES - 4 LENGTH OF 3 TRENCHS - 87.5 FEET, 14 CHAMBERS LENGTH OF I Tf~ENCH - 93.75, 15 CHAMBERS WIDTH OF EACH TRENCH - 3 FEET, I CHAMBER TOTAL NUMBER OF CHAMBERS - 57 CHAMBERS TOTAL AREA - 885 SF U 2ENCH #2 BENCH #3 TO TRENCH #4 TREATMENT UNIT SPECIFICATIONS TOTAL MINIMUM CAPACITY - 1.75 X 0 X (30 HOURS/24 HOURS) = 1750 GALLONS EXISTING -ONE 2000-GALLON, TWO-COMPARTMENT, PRECAST CONCRETE SEPTIC TANK WITH AN EFFLUENT FILTER ON THE OUTLET. (~HUH(~H UWC~, LLCM NO REVISION DESCRIPTION DATE ENGINEER: Onsite Wastewater Consultants DRAIN FIELD DETAILS oESICNeD eY:EOc DRAWN BY: RAS Onsite Wastewater Engineering - Geological Engineering cNecKED eY: eoc DATe xxizoos ~~ {~ ~ ~ P VoB e: (720) 898-3434 Col~or(do0)8$ 83 0527 PROJ F CURE 023 TO TRENCH #I APPENDIX A LOT 14, WEST SOPRIS CREED RANCH HEPWORTH-PAWLAK GEOTECHNICAL, INC. PERCOLATION TEST JOB NO. I03 199 APRIL 28, 2003 ®~~~~6~ RPR-2?-20N3 15:15 • H-p ~~~ • P. I2i29, _g canclacted to determine if [hr serpa;e will adversely affect the cut stabilih~. Thss offiee _ should review site grading plans for the project prior to construction. SUt2fACE DRAIlri*~G.~ Tha fo~l~wingdra'n~eprezautianschould-bo observed duriirg construction.itnd mninrained at all ti~tes after the zcsidcncc has been crompleted: 1) Inundation of the foundation excavations and unders]ab areas should be avofded during construction. 2). Exterior 6ackftlt.shautd be ad}ustad to near optimttm moisture ati~ compiicted to at least 95%a of the maatintnmstand^rrt Eracdor-densltg_iu~ pavement and slab areas and to at least 40%'0 of the maximum standard Frncior density in landscape areas. 3} The ground surface surraund4ug 4i+e exterior of the-buitciingshVnid #rQ sloped to Braid away frooi fhe foundation in all direetians..We recommend a minimum slope of G inches in the first 10 fcct in unpaved areatand a minimum scope of 3 inches iji the first 10 fcet in paved crests. free-draining wall backfiil.should kte capped wick about ~ feet of thn. on-site finer graded snits to.teduce surface water infiltration__ 4} Roof downspaues and drains should discharge well beyond the lirgits of all backfiti. PERCOLATION TESTING Perealatioa tesis were conducted on April 16, 2DU3 to evaluate thr feasibility of an fitfiitration sapti~ disposal systt:in at th.d siie. One prot7 ;pit and three percolation bolas were.dttg ar the lacaaons shown an-FSg. t. The tor; Boris oFthe -.:st hotez worn detannined by the client in the field- Thr tosthales ~naarinat IZiach.diantrtefby-1~ lob NN 103 i @B . r+r+aH'~Un4~f't flO(?~6.2 aPk-29--zees as: is •H-~. ct=otECH P,12it3- -9- inch deep} were hand dug at the bottom of shaIlosv baelE:roe pits and wrt t swrked wi+;~ m'at~r ono day prior to testing. The soils exposed zn the percolation holes are sitniiif.t0 those exposed in the Profile Pit shown on Fig. 2 and consist of about 1 foot of topsoil overlying silty ssnd and gravel with cobbles. The percolation test results are presented in Table 2 .Fha percoLttien-test resuks indicate an infiltratipn rate betrveea °?0 ¢nd-7~ rninutes per inch witfi an average Vf 4q ntl4utes per 1nch..Based_orr the subsurface-. conditions encountered and rho percolation tesE resnlts, the tested area should be suitable for it cVnventionaI infiluation septic disposal system. Pitltin County requires that a professional engineer btenga~ed to dc~sib thu infiltration septic disposal system. _ - Tdi~iITATiq~~ This stt:cly has been conducted in accordance whit generaILy accepted a otc~hnieal engineering principles and practices in [his area at thLa time. We malce_rtawartitnty either express or implied. The conclusions snd recommendations submitted in this report ate based upon the data obtained from the exploratory borings drilled at the locaiirms indicated an Figure d,~the .proposed type o€eonspruetioa .aqd our c*xperie the xrea. Our fzndinQs include interpolation and extrapolation of the subsurface conditions identified at the explornrory borings and variations in the subsurface conditions may norbecome evident until excavation is performed. If conditions encottnterer! during_consttuction appear-dif€erent froze-thosedescribed-in'this 7aporr; w8 should ba notified so that rg-evaluation of the recotnmendatlons may. hamada. This report has been prepared for the exclusive use by our client for design purposes. 4vo arc nor tesponsibte for tet:fiiYical iiiterpfetations by others of our Information. As the project cvnlves, •ve should provide esntinued consvtfation amt-fitTld services during construction to review and monitor the,implemPnm inn of our recommendations, snd iQ verify that the recommendations have been appropriately interpreted. Significant deSiYn 3otr+rio3~ 19~ , G1Pk~-29-2~N3 SG: 15 ~H-F GEOTECµ . P~, t3i-f4~ - 1&- changes may require additional analysis or mod cations to [he reeommsnciations presented hei'tin_ We iecomu~end on-site observaifon of excavations and foundation bearing strata and testittg of sttustur-ui f{It by a tepresettta~ive o€ the geotey~ euyineet. 12espactiveSy Submitted.. kiEF WOTtTH - PAWLAK GEO~O~„ IR,: Jordy Z. Adamsoaj/fr, 7Zev~ie''wQed~by" ff/ c~~~~ ~. Steven L. Fawiak, P.E. JZAiksw ~ 7ub J~~L~~~ FlPR-2~-2003 15; 1fi _ H-P. GEQTECH. s ~. ~~ ,` I, 6~ ~O t ~. 1 / f ~ / ~ ~ / ~ ~--. . ~ ~ nPPROxi-~a~ae;1E sc,a~€ ~ ~ t" c~.. ~ ~ aoRiNC i l ~ ~ ~ i __ ._... ~ f ~. v t ~, ,l t w ~ ~ m f ~ c I I ~ r ~ r }03- }g9 `~ ~` l 't ~. 1 f i rt t t BUiEDW6 ~bRlNG 2 r FJ~IVE OPE ~ + ^T~ ~~ ~~ C ~~ ~~ '" P 1 1 t ... ~ ~- \ \ ` PROFlLf: P!T 1t ' r . ~\ J~ORtHG 3 i ~ ~ Pa t I 1 ~ t i t ~ i I 0 I '! o t ~ I g ` - t ~~ ~ tm ` ` O } I ~ t I ~ ~ t ~ E ~. ~ ~, ~-- R ~ ~ -~_ PROP~,R}'Y ~ BpIJNBgRX r ~^~ pax ' LQCA7TQN .Ot= EXeL6RATQRY,@DR1a~LGS~ I(VC~: AND PERCOLATIQtJ TEST HOLES Figure } Q~~)~?~j RPR-29-e0H3 15:15 _}{-P ~07EEM~ • P: 2SiE9. 4 9495 8400 8395 ~ v L. ~ 9390 _o ~. 8395 8380 BORING f BQRMG 2 8pWNO 3, PROFILE PlT ELEV, n 34OT' ELEV. ~ 8396' ELE\! 8394' €L~V. 8399' 7 6'~(s 50/4 -200=26 8405- 8400 8395 :~ 4 9390 k G O' ~' •' Q x365=' 8380 L.,.._ 8375 83'5 Notx £xplorwtson o! sytntratr Is shown on Figure 3. 103 f99 1"Hi`~'1AtQRTH-PAWLAK LOGS OF E~fPLORAFOR`~ BE1RfN63 GE~TECFiNICAI, INC. AND PROf7CE P!T ~~u''~ ®~)~?~n - - -- .. .. AFR 23-2003 1S:I6 H-P GEOTEGN. P.16tig, LEGEFIG: - - -- - 70P$4IL; Bondy aHt. and'ciayr a°go<+~. film, mOLftr black y ~ANf) Attt1 GRAVE (SM-GM); silty, with cob6tes and posslblo boulders, dense, afightly molat, -~.. prawn. Relatfvely undisturbed dr}ye svmpie; 2-inch .LD. California liner sample. "~"~~~ Dr}ve sarnpw7 standard penetration test- ESRT). / 3/8 inch l:D. sp}it'spoon sample, ,4STM-D-15@6, - i9/12 Drive- sample bbw aountr_!nalo¢tecihat Ss blows--of ¢ t44 pound -hammeF fofting- 30 ~~~hes-were- requlred to drive the Colifornio or SpT sampler t2 Inches. ~~ Depth of w7tioh Borlnq 2 T+ad~ coves when ctfealced on Merch 27, 21305. 6aiuig 1 and 3 loeatlons hod been disturbed and could not be found. N6TE5: t. Exploratory borings were drilled on Morch 26, 2003 with v 4-inch diometer continuous flight power ouger• 1he.ProFije Pit .was excavated on. April 1ST 2DD3. with .a GatarpNar 438H bockgoe. 2. tocations of exploratory borings and profile ptt were determined In the €idd by iha vlient and Fneasiued opproxirnotefjc try-pacing. drum. ~tha katares shown vn the si#e-plan -provided: 3 Elevations of exploratory borings qnd profte pit were obtained by interpotatton between anntours on the s}te pion pravkfed: h. The exploratory boring and pprofile pit IoeaGons and elevations should be considered ac4urate only to the degree Imptted by the-method used:.. 5, .fie Imes. ba#wEen materials Shawn on. the axptaratary.boring_ondproAe pit. togs_represent tht. approx}rnate boundaries betr/een ltfateryal types and' transitions May be gradual. 6, No~free water was-encountered to 4he-boringa~at. thetimtr_et dr9}ing.:t3w(rtg 2 wastound-to-bcdry~. Oho following day. BorMgs 1 and 3 could not be located. Fluctuations In water level may occur with time. ~T. Lobnrotory Testing iissutEs: WC .~ Watcr Ccntcrt (.°G ) +4 - percenk utaiiud om Na 4 sieve, -2Dd ~. Percen! posing Na_ Z00 sieve. 143 799 }iEPWORTH=PAWLRK t-EGf_MD-ANR-NQTES U"E6TEGHIVICAL. }RIC. ~i9!u'~- 3. OQ~~ff3~ r FIF'R-~9-2093. 1S~ 17 P GFtTTECf+ ~EPWORT • R. is/i~ H`P AWLAK QEOi ECHN1CA NC.. TABLE 2 PEEiCOLgT1QN TESX R€SULT'S - JOB Nc3: tfi3 t9J~ kIOLE ND. NOLE DEPTH tENpTH OF WATER DEPTH WA1ER DEPTH t1NGHESI SNTEAVAt AT START' OF AT END OF {?ROP IN AVERAGE DINT INTERVAL INTERVAL WATER PERCpLATLQAt_ .'-°- _ UNCHE31 fINCHE57 LEYEL tfNCNE5) RATE IMiM.JiNCHI P 1 6T 75 6 174 6 7/8 T/8, 6-t/8 5 7/8 T/4 wares added- 7 318 , fi 718_ }r2 fi 718 6 3f4 1/8 8 3/4 6 5/6 _ 7!8_ 6 6/8 6 3f8 T/a 6 318. 6•i!4-~ ~ Tr8- 6 tf4 S TJ4 T2 p•2 55 15 8 3r4 8 tl2 174 8 1/Z 8 1.2 e z ira 112 7 112 8 3/4 374 - 6 3(4 6 378 378 - 6 3.'8' 6 314 5(8 8 374 6. 1 L4 ~ r~ r P~3 b8 15 x4arer added.. 6 112 ~ 6 3/a water added-. 28 ---~-'~ ° 'rc 5 3/a I 3/4 I 20 Note: Pcreolattan test holes were hand dug in the bottom of backhoe pits and soaked op Apxli 18, 1®03. PsrcnlatiotT tests were cond,r~~{-orr~~tfi; 2t3U3, The average perco~at~ri rates were Bawd on the last three readings of each. test,. rorra~ P.19 - - - -- APR 25-2@$3 1516 -P. GEOTEGk{ P.'16~ LEGcNG: ~- _-- -- • - ~ TOP501f soAdy ai1E sad _~ oc9cnie- fum. moistr t3lack~ c~ NANO AN17 GRAV{? (SM-GM); silty, with cobuiss and possPoie bogiders, dense, slightly moist, . ~- hcawn.. _.. - f7elatfveiy undisturbed drive somPie; 2~inch E.t~. California liner sample. ~"` (k7vs 9ortpiei standard ltrcxtioa test-~~. t 3jti ineh~ kiJ: split speon-sampk, AS~M-B-15136. ~$/ta Drive- 89mple blow aaunt;--.;ndio¢tes thnt 3g--slows -09~ 0 14Q~ pannd -hamm®F faNiay- 30~ k~shes--weFe- requind to drive the Goliforriio or SPT sampler 12 inches ~. I7epth at whlah Bortnq 2 had'aavaa when checked on Mofcti 27, 20pS. t~anng 1 and 3 locations had bean disturbed and could not be found. R6TES: t. Exploratory borings was drilled on March $6, 2003 with a 4-inch diameter umtinuo~s flight power augeC. fhe. ProFije Pik .was axeavatsd att. ARrit .f$r 2005 with .a w7terpNar..43&8 baekhoa._ 2. locations of exploratory boriagg and profits pit were determined ia- tha~ €tdd- by the silent and mtasured approxirnately Dy-poling •trnm the kotures shown on the life-plan provided: 3 Eleva{ion~ pf expioratorp borings and profits pit were otstCxled by intarpotatian between contWrs on tiTE stko plan proatdeti: h. lira ekploratory boring and pprofile pit tocaUons and elavatiwts should be considered accurate only to the degree ImpHad by the-rnsfhod used; S_ 'ills flops, batweert mat_erfata Shawn on the exploratory.ttoring_ahd_prafite. pit logs_teprpcnt ~thc. appF'oxt/rtatz boundarlts betwden rttater5af types and' transitions may be gradual. 6.-NO.-fsee~water wos~~en¢OUhtace4~in•the-bertnge~af.:the.timenf:drlHing.•Bering2 was-foaRd-to-b~dry:. tho following day. Borings 1 and 3 could not 6s located. FluMuations !n water level may occur with time. ~7. laboratory Tes€ing- Results W6 .~ Water Ccntrnt (~ ) +4 ~=. t'eraeat retained ~on~ No_ 4-stew. -300 a. i'tretnY passing No. 200 sieve. 1D3 t~9 i~EPW6i2TN=P,4WLfi,K LEGE1+tQ-ANII.NLi'CE~ G~C3TE~#NiCA~, (NC. Figure . ,3_. ®OOU59 RF'R-29-2093. 1S L? ~-P GEEb7EC1+ • ~ -- P 7~ • HEPWORTH•PAWLAK flEOTEGHIULCAL . / •~ ,. iN ~ , TABLE 2 PESCOL11T1QlU TEST R€SULF$ J06 htQ.' 783 `Y99~ Wc?LE NO. NYJLE r7EPTH tENG7F1 OF WATER DEPTH wATER DEPTH NCNE fI 53 INTEAYAt AT STAgT QF AT END OF DROP IN AVERAGE trtn7RS IN7ERYAt INTERVAL WATER . PERCQLASLQN_ ."-'""" (WCNES! 41NCNE53 C.EYfL ttNIrHESI RATE (tvi1N.(tNCrtl P:f 57 75 61/4 s vs ~ s. -_ { StlB 5 7(8 ! 714 water added- 7 318.. & 7/8- ( }/2 f S '/& 5 3fk~ tt8 Ir 6 3!4 6 518 7!8 6 6/8 6 318 7/a ~ ~ _ 6 t/R 6 i14 72 P-2 ' 65 , 15 6 3!4 s : re P~3 I S8 6 6 15 8 7 7,9f2.. ~ II 6 ucater added.. 8 .7i8 f 7 6 water aA.Vn.I 68 314. I 3t4 28 5 3fa 3/4 20 Note: Percofatfon test hales were hand dug in the bottom of 6ackhoe pits and soaked on Aprt1 tbr20C33., PersotatiaFttests-wer®-cond,ictec{--a~p~prif-76; 2-etT3;' The aYerage percorat~oii rates were Based on the last three readtt:gs o£ eacfz test.. TQTgL. P.19 J®El~?7~ PITKIN COUNTY PRE-APPLICATION CONFERENCE SUMMARY PLANNER: Ezra Louthis PHONE: 920-5092 E-MAIL: ezral(a co.oitkin.co.us LOCATION: Lot 14, West Sopris Ranch OWNER/APPLICANT: Andrews REPRESENTATIVE: Rob Lipton DATE: 07/06/05 ZONE: RS-30 PUD PARCEL ID: 246515300006 E-MAIL: rliptonCa~fourpeaksdeveloomentcom PHONE: 948-9307 Type of Application: Minor Amendment to a Development Permit Description of ProjecUDevelopment: Applicant desires to expand the existing envelope for septic purposes and an addition. The parcel received 1041 approval through a takings, pursuant to Resolution No. 95-179. The existing envelope was established to avoid steep slopes and wildlife to the north, and wildlife to the south. The requested envelope expansion cannot encroach onto slopes in excess of 30%. Pitkin County Land Use Code: • Subsec. 3-80-050: Geologic Hazard Areas (Applicant should specifically address all proposed development on slopes > 15% under the substantive review criteria of the Land Use Code; the property is also mapped as in proximity to historical and potential avalanche areas and applicant should address this potential hazard as well). • Subsec. 3-80-080(A), (B): Wildlife Habitat Areas (The property is mapped as within .5 miles of~}Ik /wninter range/critical habitat). Revi y: Community Development Public Hearing? No Staff Will Refer Application To: CO Division of Wildlife. FEE: 645 (make check payable to "Pitkin County Treasurer"). The Fee includes a $645 Planning flat fee (which is non-refundable and based on 3 hours of staff time; if staff review time exceeds 3.6 hours, the applicant will be charged for time in excess of 14 hours at a rate of $224 per hour). W~ ~~?-a~ao ~l®0~~1 EXHIBIT Z- C, • To apply, submit the Fee specified above and 2 conies of each of the following documents (unless otherwise specified): 1. Letter of request and ancillary material (e. g., photos) addressing, in detail, each of the provisions of the Pitkin County Land Use Code identified above and sufficient to demonstrate that all substantive review criteria have been met; 2. Consent from the owner of the property for the representative named above to process the application and represent the owners (1 copy); 3. Disclosure and proof of ownership of the property complying with Subsec. 5-70-020(D) (1 copy); 4. Street address and parcel description, including legal description, and 8-1/2"x 11" vicinity map locating the subject property within Pitkin County; 5. Draft 1041 Hazard Review Site Plan prepared in accordance with the requirements of Subsecs. 3-80-050(C)(1)(b) and 5-70-040; 6. Executed Pitkin County Community Development Agreement for Payment of Land Use Application Fees form (1 copy); 7. This Pre-Application Conference Summary Sheet. NOTES: - PLEASE SUBMIT ONE UNBOUND AND ONE-SIDED COPY OF YOUR COMPLETE APPLICATION. PLEASE SUBMIT TWO-SIDED COPIES OF ALL REMAINING COPIES OF YOUR APPLICATION (IF POSSIBLE). ALL 24"x 36" SITE PLANS MUST BE FOLDED. THE PARCEL ID SHOULD BE INCLUDED ON ALL DOCUMENTS INCLUDED IN YOUR APPLICATION. - The Pitkin County Land Use Code is available on-line at www.asaenoitkin.com. This Pre-Application Conference Summary Sheet is advisory in nature and not binding on the County. The information provided in this Summary Sheet is based on current zoning standards and the staffs interpretations based upon representations of the applicant's representative. Additional information maybe required upon a complete review of the application and site visit(s). ~1 ~1t~ 7'3 EXHIBITS ~®c~oal} EXHIBIT INDEX EXHIBIT 1 - TITLE INSURANCE POLICY EXHIBIT 2 - PRE-APPLICATION SUMMARY EXHIBIT 3 - ENGINEER'S SEPTIC PERMIT EXHIBIT 4 - OWC CHURCH REPORT EXHIBIT 5 - ENGINEER'S PROPOSED 1041 oQ~)Q~~j 08/18/2005 09 52 FAX 970925624 LTG-ASPEN • f~001/014 Land Title Guarantee Company pate August 18, 7A05 GUARANTY BANK AND TRUST COMPANY 11806 E. OSWEGO ST ENGLEWOOb, CO. 80112 AHHY LARSEN Re: Your Ref. Number 050341 Enclosed please find your Land Title Guarantee Company loan policy insuring the property at 1800 STONE ROAD BASALT CO 81621 and owned by CINTHIA R. ANDREWS AND ROBERT LIPTON _ The following endorsements are included in this policy: Deletion of Standard Exception(s) Endorsement 100 Endorsement Alhe 8.1 Please review this policy in its entirety. In the event that you find any discrepancy, or if you have any questions or comments regazding your policy, you rosy contact Title Aeuarmient Phone: 970.925.1678 Pax: 970.925-6243 Please refer m our Order No. Q386571 We at Land Title Guarantee Company believe in delivering quality pxodurta tba[ meet yoax needs, and our gnat is ro provide the most efficient, reliable service in the industry. Thank you for giving ns the opportunity to serve you! Sincerely, Land Title Guarantee Corttpany EXHIBIT. ooooas OS/18/20~5 09 53 FAX 970925624 LTG-ASPEN , f~002/014 ~., * ~ 7• ~ LOAN POLICY AmddnLmeTNb AsacieliM Lam PaAcy 1617.82 SUBJECT 70 THE EACLUb7pN5 FROM COVEAA6E, THE FJICEPIIIXBS FROM COYEAA6E CONTAINED IN SCHEDULE A ANO THE * * CONDITIONS AND STIPULATN1NS, pLD REPUBLIC NATIONAL TITLE INSUApNCE COMPANY,a hlialeaaa cerpaalan, hawk edbd IM Colrymry,:lNass, M of Dew of PaAry shown k Schedb A, apakst ka or darrepe, m1 esceedNp 1M Amaum of Imurmu paled in SeMJIk A, aHaiMd a ala.wd M tM imwsd by Waco W: 1. Thb la IM delete of klareN Aeserwed k ScMdtrw A Mkp wmed plMrlhm a axed rMrew; 2. Arty dalacl k a Mn or emwrbraae on IM IAN; 3. UrerahelWilllyMlM thk; 4. Lacy M a rqM of xrs to end fnmlM Imrk i TM kvKdity a unnlwwabaly Of IM Ben o1 IM kaund monpapa rgdn 1M Ii1N: & TlN pmrNy of rw bnaemum6reras owrtM ken oflM kwrwd mdnpape; 7. lad of priOrNy of IM ran of fM knead msrepaps owr airy mawray ken fa awiwa, labor ar rsledak (al xlskp Iromm hryrOwrnm a way nlMed to IM wIN) worth b mmroctad Ix m cmmnced pda to pare of Poky; a Ihl aldnp Iram en kyxswemm or wak nwnd to IM kndwhkh b sanurclsd for a cwmmmed amaem.m Id Dale of Poky aM whim k finmcrd in while w k pal by pmcrds of 1M kdehladreea scwd by the karaed rmnpapa wNm M pats of Pokey 1M ke.ad Ms advmced a b ohkpawd la advmw; B. TM kvaBdily or uwnfomebiry W aM' aasipnrrm dl IM htamd nmrrpepe, pwhbd IM aipmnal ie ahdwn on ScMduk A, atM fdBln er the asdpnnem drown b ScMduk A t0 wN lilla td IM inand rmnpapp k Ih named keaed mproe free end cwx or aN bn; iM Cmpalry wi also pay rM saws, allOmey's lees and expenaa kmmd b defma of IM tkb a IM Mn M IM kaued mdndaps, a imurad hm only to IM exlanl provided m1M Cmdtlena endSlipWalkns IN YNTNESS WHEREOF, tM sad OLD REPUBLIC NATIONAL 71TLE IN9UTANCE COMPANY has pined qs cwpaara nanm and ad to M Mreand affixed Ay ils ddy arhdr®d effiwra ae W IM tlale shown k SNeduM A,1M pnYcy t0 M veAd when cnunwrsipsd by m amhor®a nrficer a apenl of 1M Carryarry. F%CLUSION9 FROM COVEflASE TM foNowkp rrllers an espealy excluded fromlM cduarepa of tMs poky and IM COIr4aly wlll not pay lose or damlB, CONa, aromeya' foes er expense whkh aia AY Roan dl~ 1. lal pln' law, adkame x pOVSmmeMd npegian IaaNSalp hm ml IawUd to huidgp and addle laws. adwmCla, or repdatbnsl nNriclkp, wpdalky, prohbAkp a mlaNlp to ID IM oaammcy, use, x enlMrrem W IM land; f) IM dlwmer dmenmom a bcdion d any inyaownem nrv or Mneflxerectad an 1M bnd 11 a apaalkn n rvnnwp dr a drllpd M IM Anwaiaw m see el rM hwd a airy parwl of whkh IM imd k a wee a part; M IMI eMemmnlbl pnwclwn, Or the strap M eery VlOldkn of IMr wW; ddkamea ar pawnanMd repuwtions, exwpr to the exleni IhM a mliw of IM sMawrwm thereat a e noliw of a cored, kn or ancun6rrae nsuhYq Iwma vioktidn w adepad ridoUdn dbpelp tM land has Man ncemted k IM puhk ncoNs el Dale of Policy. Ihl Airy powmnmmd poke pawor ml axrAded by le) Ibaw, exwpl to IM seism thn a ndliw Of IM axamiw IMnW a a Ia1hX of a dfeC; 60 a Inde6wnw naUtkp rrdma Vaaaldr or ebped yiddlm If6ctinp IM Ialld Rea Mm ncmded al IM puhk recarda al Date Of PeBq. Alphta of aninant domfk uMea noon of IM exardw Ihareof Ass Men recorded k IM pubes retails d Dae m Pricy, lea Will axdudnp tram cswrepa any raYhrp whieh has aecumeA prdr to Dale OF Petry which would M ldllaetp on tM nphla OF a pwcMar for vake wilhaul krwwbdpe. Oefecls,Fens,encmaransa; adwde aharr aalMr mepnra; Ie1 Creaed, aaRnd, amamd w agreed to by IM kweed chlhrgm; 0) cot Ylwwn la tM COlrpary. cot recorded k tM PuWk meads d pile of Policy, bat Ymwn io IM kauad chrimmt coil nm dbcbad in wdlkp to IM Cwrpally hY tM trend ekkawl inwaeA pile w tM dew IM alswed odn.M Mcarm m kNaed under Iws poYCy; Icl reamag b m bet ar darrmpa la IM inmxad rJekmll; Id) enaalknp ar eder.d ahrpaml la Data of Policy except td tM .aram tMl tAb poBry wwns tM primly d IM bn dr IM inward monpepe Dort any gataory bn fa aMw; lebnr a Irelerielk a lel nauhinp in bss a rAampe whip) wadd nm hew Man mlalseA a 1M rdlaed cbimenl had paid vase for IM Ylsrerd Isnpepe. A. UnmfaceehANy of IM Ben o11M intuad manpape Mcewe al 11w haabBily afewae of IM keaed el Data of PaFcy, er tM aehiFly a lglne of airy slbrgwm owlmr of Ih kdehredres, to ealpp whh appFcahk daatp bwhmss wore of IM ilea q word 1M IanA b situated 5. ImyNifdAy a unenfonxahpny of IM Tnvr of IM iosund nyatpepn, a swYn IMreo6 whaNr arias om of IM Ilwlmclion eridmwd by Iha kwnd Iddgapa and k band upon usury ar any cnneawt Clean praeaim or IMh n bndrp law. B. Any maradry Mn for awke; kba ar maledeN Ix IM eWmnl pdairy of wr'I ddutary Mn for alike; Imo w ImlariaN owe IM Mn of tM kneeA mm4Wsl widnp rrdn m kpmwmenl a wvlY rotted Id rM lard which is comrxred la aM conrremed shsµsA to Dale of Pol'ary atl is cot Fmwwed In whole d k pal by prxnda of 1M kdebwtYwa smnd M IM Ynusd Inmpepa whkh el Dale of Pdky tM kapnd Ass adversRd r k dhhpMad to advmn. 7. Airy rJUq whkh arias out of tM iramxlwn MdNp tM ktamw of IM mwnpgpa inauna W This DaAty, by nsdn of IM gen11011 of fedsM barknelry, pals kadwmY• a sYrder dadilori dphls law; that k bawd nn: w! IM IrelwBClwll aeaap IM klanst M IM Nrdaed lmnpaae Mqp damd a freWubm cmveyance wfnudubM dmder, w Ihl IM Nbordialion al IM inenat of IM awwatl morlpapce e:: a reah al IM epphcalwn of tM ddpliw al equilahN abaQxrNiolC a le) rM Iwnnclkn creating the nlereal N IM Yrared naalNapea Ming daned e pnrereldid Nmder accept wlwre sM pelanmid traMer Raba Iron IM faAun; ff m gawp mead IM kgwrm or tnMfer, d (aT of sum neoPoallen eo aryart lwliee l0 a pwehewr lac veils a a juddmM a kn medilar. Iruad Ihrouph the Ofriw or; IAND TITLE BUAAANTFF COMPANY 633 E HOPKINS N70T 0.9PEX, CD 81871 87DB251B78 ~ Qli1~'-r,lrCW(f071~ 0.uthar¢ed nmun AL.OArIFarrl401D1 GmrPepslol4 OM Aspubk Naliarel7kb Insurance Compmy A Stdd Corrgdry 700 Second Asaw Sorgh Mkrapofa, Mlnrrla 66x01 16121371.1111 ~~pp~ ~gpI TIT[6~,, _y ' ;99y_ t -m* Mm: , ~>p . Adele '`/ //_ ~lD f~v f P 08/18/2005 09 53 FAH 970825624 CONDITIONS pND BTIPULATIONS LTG-ASPEN 1. DeIMNbn el Tame Tlw foNnwap temw whin rrwd in INS poNCy coven: lal 'Dmwd^. IM ewwed rwwtl in SdwdWe A. The wrm'kmaed' also intkmos li)eM owrer of rM inda6lelbws stoves W IM Inand Iwnpepe and eadt ilkaawr h awreraip tI tM indr Mldrew excppl a SrKtwwr Who k M otdgor under tM pOViaena of 6anion 1 pet err IMs Condlian and Slfpalatlore Insserdllp, Mwawr, eA rNMa end dhwea as l0 alp wcnaaor Item IM Conpary wouN haw Md apeinsl emy padaaaa hw.ed, umew IM wxaemr aepmed IM indeDledrew n a purchewr for vakw wdhwl kwwkdpe m lM eawned deletl,kerb encurlMenta, ednrse daimOr o1Mr IrlAnr insured apelnw by tMS poky w etfecrMp litb to 1M rmme a Mlena M IM hrdk Gil wp Povennamm °aencY a powmmanld nananmdNY wNeh u en ilfanr or puwwda coder re inaeana santrerl a plnremy ilmbrp a lueronlaeap IM hdebledrwlS 4ltaed by IM IRXwd rwdpapa, Or eI1Y Perl rMn01, WroNwr npnd w an iwmad Mna or cot: INI tM Panhs desigwted h 6aclia121a1 of IMs CondlMm std SiglWatlem. Ibl neared daimaM': n inwnd destine loss Or decrees. Icl7newhdpe' a'bwWn`. wION knawhdtle, wl twWrUaire krewbdle a wl is whkh cop M Mputed n w kewed by nwon of IM pabge ncwda w dmiwdn this PokcV a awl other rotorda wMch imD'+n cnnaraCllPa noilw m msllan attadhp dw land. Idl 'IoM': rM hum dswnled or nhrtad to M Sdwdule A, and impowrrenta allhed IMnlo whhh 6y Iwo awlAma nW proplny. Tle term'land' dove Iwl iwluM wY DroMnV Mymd iM iwe of IM one dewnc~a a niemd to fn 6cMduM A, nor any 11pM, thh, imorea6 seals waaslnm M ahullMp ante, mWp mows, aWya lows, ways, a Wellrweya, MA nmheq roreM fhaA rwdilY w YI1dt IM Bxlanl l a Whuh e Gphl of awYw 1o er,d from IM term u insured by IMs ppkCy. UI 'wunpepe : rlwrtlapa, wed of Ilea, wret deed or aror.naily iretrarenl. Irl 'public ncOrds^ scads eaaMi9Md older Gate ammw u Dote a( PoNcy for Ih patens M maartinp cmarunhw nmin of nelnn whlMp le nm ProPany la Wrdwwn fa wlre end wilheul krewbdpe. kWlh napcl is 9lnlon tlapivl of IM Eadusiaw from Cawrape,'pllMit Heads ahakdw brepldl efMrwlrwmal paenlan yens coed M IM ncoms Of IM thrB of IM UMled Sraln pistol Coun for Iro dulrkl M whkh IM hod is bcmed. Ipl ~ImnwAlelehikly Of IM Ihh": en akled Or appenal Ilener efiaclhp IM IiIM to IM ImA, nor axdudpd a earepnd francovarap, whbh wedd emAh a purdwwr of eM same a mlann hatdrod M 6cMduh A or IM iwaed lrenpepe to M nkesd Iron the aMipmbn to pwtha. by Moe of a conlraClbal tondhion repwMp iM dekwry of mabalaDbe 11119. 2. CoMkural6n vl Maaence. In! Afler Acquiatlen 017Nh. TM oawnpe of IMs policy dwA cOnlMw h lea a m Oele of Pap M fever vi lil en unwed wM aequwa eB a anl' Part o11M .male or Mlena in IM krm by laecbawa, tnMw's AW, calwyewe it Mu of londsau0, a olMr Neel mMlwr whbh dachwles lM Nan 01 IM Maned rrMpels, Id a Iranaferep of IM ease a IAIIroA w wgldratl item w Mwnd Caporalbn, provided IM Irenalna is IM pw.m a whoNp•owred aASidary of IM inured cOrpvrelion, and IMIr wrPareta 911000LeOre by aparmian m law and re16y ppolas, aahjacl 10 alp ApMa a dmenss IM Carryary may haw apaMA any Pndewwar iwlaeds; end IiM ap lowrcmemd Plamy a pOwrmemal hmmnmdily wMth scqusnr ap a arty Pal of IM seas a Mlarea pwwwnl to a tanlrecl of MaA011re a prerareV Mwahd a puaraae9hp IM ilde6ledrewwcured by IM iwlnd merlpape. 161 Alnr CahwYalln of TNh. The cowrege ei this poNcy steak canlinue M faa ea of Dma of Poky in favor of an Mawd edy w Ion/ n IM Neared nleklf en emala or MrenA M tM M>d a holds an Mdbndreu wCUred by a Pardlas Ilwwy lwrtpa/B piwn W a purWwr Inm IM insured, w ody m loop as 1M Msrnad steak New fepily by neon of cOVenama al wawanry made 6y iM uwaad in wry Irmrder err eonwywla of IM seals err Mrensl. Thu poktY atoll wl comiow M lOrca n favor or xY pumhesr from lro ilwed el ailMr IB w seals err hnmA in Ilw land, affil an Mdebl.dreas snnd M v ppolas rre"eY mortgage given IO IM il0ua4 Icl Amolwl of Inaarecp. TM anuull of iwwance eha IM atglddlipn or mnr1M canveyava fiao in wilMr ewnl axcwd tM tees vL• Id iro pmvurl of Inwmea ama M SsMdda A; fkl IM emonnl oI1M pnnEga of IM Mdebletlas stand 6y iM nwnd monPapa as of dale 01 Poacy, MlanA IMnon, upensY Of IaOCMwre, allglldf edaa:ed Wwranl lO Ire ilanetl wwnpepa to azure wnpkanta wllh Iowa w to prolan IM kn of iM intwtl rwnpape eclat to tM lace of eCrpiailbP of 1M same a Mlana M IM land eM wwnd IMnhY antl reaeonlAlN aewlle eagntlltl l0 pnveni daonenlion of ilygrOrerrenls, 6u1 ntluwd by Ilw endow sl M paymama trade; or Iii6 tM arwunl Paid by enp p~rananlal agency a fNwlnwemal iwlrwreMefilY, N 1M apOrnY a iMlnnrenlekty Is IM tossed tlaierm, M IM acgnsNMn of IM eASh a MtenA M smhnmbn of Nf Mauanre comrwl a puaany. pL.DAT.2 Corer Papa2m4 • fr~j 0631014 9. Notice of Chin la M fawn M Ilreund C4Mem TM hand shah rmtBy 1M cvlryelry PenvlN M wririq IB M caw of wry Nlysliw ea wl loon ~ SlnlOn Mal Mhw, Il in caw knawbdpa Ih/N tenu to an tossed Mrowlder 01 WY Clatln 01 Nh a Mlena WMCh ja arlslrs Io 1M tNa lO IM la819 a IIIlenat Or IM Ian m IM Mewed mcnpape, w Malnd aM which IdpM tree bss a denepe of whadl Ih COnPanY m1y M Isola pY vino m this Poky, a lad it INN It Iro emare m IManm or IM Mn or IM Mwad Irertpap, w Nand is repentl w rwrwkelabh. If parq nul[t awtl Hal M pion t01ro Cwrywry, IMn w to dw Muatl aA MbiWy of IM Conpwp aheN lerrtirlme whh Hoard to IM colter Or neAlan Iwwhieh panel sloe u ngdred provided, Mw~wr.IMI faylee l0 nlNy lro Carrywly ark M w taw pllryudke by tM Irdrae and Ihn oMy to IM 9aleM of IM pajndne. A Dehnw aM prowWion of AclMre•Dmv minsued Cnirerll tO Coo arele Iq Upon wdl Ian nqua M fro hrauad and auhjem l0 IM finials eeMSh.a n Senbn B of Irow COndlbm and SlipulNbw, IM Corryery q in own toe and wilMul unasalebN dNaY, shah povi6 la IM IMfelue sl an auwntl M Inlpalivn M which wW ihhd pony wwns a Halm adwrw lO IM INN a anenA w inwwb but ordy w l0 thos axed cause of anon dbpurp a defer, 6n a enclmpnwl a rdkr rreller iwald apNnA hY Iha pOfwy. TM CarywN 9he1 hew iro rqM to sYel eoweel of ile cAaa Isuhjstl 1o tM dpM or IM awre0 io obJen fa nwawhb tauwl to npewnl Ih hwwad as to Ihow galltl tMAn of ap10R alld ~ nm M kaDla fa eM wd wl pay IM (sE dl eP7 OIMf Cewwl. TM Cwrynlp wi wl pay any fws coals weapellsS Mcwnd 6y IM awwed M IM delens of iMs cause m etlial which .Napa rwhsre not Mewed apainsl by Ihh WNCY• 161 TM Cwryarry steep Mw IM rghl, m he awn cos, Iv Inathme wd posts em/ anion w ProaeadnN a to dv wy steer an whbh M hs tpbbn Iwy M rereaeary a desiabh It eAebNSh IM IHM la IM same a DdenA a rM Nan Of IM inaued mortpap, w insured, a to prewm a ndlrn Ions a denape 10 tM Mawd 1ha Conpalp may Id;a nY approplwfe Mitn wgarlM tame vi IhulnkY• wMIMr anti h eMNM Nahh hereunder, wd aheN wl IMnhy canade NehiMy a sates wry provision m Iha poky. Ir IM Catyary alpl esMw Na dpme alWerlhN PaWraPh h ahr8 dv dkpamN. Id Whanwr IM Conperp shell hew bral1lM on wliw w aneroowa a deranse as nlpdnd w Pemdtl0d by IM paviaaw m IMs PdIaY, iro Cplinmy may ewes anY Alllwhn l0 yawl delemtiwtionM a can d carplenl pub0ielial ndexpnealy Hama IM ApM, M ee sob deicnrMa to appeal from alp edvare jWpmeM a er6r. Idl In aA case wlwn lrys pokry permlla a reggaes iM Conperry to pmwcule a pnride fw IM defers 01 arty anion err pxwdnp, IM Msaed alaN.cwa l0 iM Cwlpwvy iM ripM t0 w proseme or provide defense M IM acrbn w pepedMl, and ere appleN iMRR wtl Wrrla IM Carlparp 10116, m Nf eplivn, iM Ilwla Of IM Maued fa Ihh pwpOw. WMrewr ngwmed W tM Ceppmp,lM Msund, at rM CarywY's eiponw, slnN pis IM Conparp BV masondAe aid BIM arty anon a praeadnp, waaMp avidann, oMeMiq wbwsss, Proscmaq a defarldklp IM nlon or PrOCeedllp, a etteclilq sllhrrenl, and la M aN mhar bsrrd an width M IM apbdon of IM Carywly Ilup M receeverY a Msbtlla l0 aasbfwh IM INh lO IM seals a bllena a IM fen of IM irmnd monlaBe, w bwuad II IM Cewpeny'u pnNldaed by 1M f aNue of tM inane r0 famish iM ngdnd COOpOmIMn, rro Colrgwry's abfpatGm to 1M iqund ender IM pakq steal lendlrega, ildu~q any NagPpY a ahNlelbn n rMarm, p0ilnpe, or oOMNPM WY Y19elion, with npeM to lM mult/r a nwirua mglikap eudl c00parmitn. 5. Proof d l0as a Da,reva. In aINTAIon la elm mler IM nollrsa nqu:ad wldr 9enion B of iMre CwIdllaw am Slipulalione have Dean provkhd to IM Carpwp, a pool of bss a damps wiped erd sown la by IM Maued claMwrt steep M fumiaFwd la IM Conpany wNMn 90 days aflar lM alalrltl CkMwnl aheA aipnaM Iro lace giving As to IM gas a dwwpa. TM pmvl of loss a drrepe dwl desCrbe Ile delecl iR a ken a anar.lhwrte on the IdD, or o1Mr Heller Moped pemm hY IFA9 pONry Wbkh cmAhmes IM Miu al low a darroge aM ahaN Ablb, to IM extent pOSeNAa, IM bade of cekmatMp Ilx awwrml of IM IMs or dalele.lf IM C°namlY is proludwd by 1M faihn oI1M Mwnall cDamlll to povide 1M ngsie0 proof 01 bas or tleTpe, tM cwrparp i abkpelMre lOIM Maud larder Iro pmiCY shot leminme, Mdudnp wY kbily Or obfgwin to defend, proscaln, a caMMw wry klipali0n, with aspen to IM manly a Henan nquiri~p sack pool of bs Ordwwpe. In eddlnn. IM insured chiwnl may neeaneMy M nq:sd to a~bndl to exalrinallan wr6r wlh by alp amroaand repnsmmM of rM Carealy and d,r padva fa Ialnilalitn, hwpelien ad eopYlp, al sash neeaubb liwea sod lease x'I'eY M daegnelsd NY env aulroraed npnamarirn or IM Company, N naa0a bwbi, hdpere, thecka careYOeMenoe arm memaenda, wMlror roerAp a Bala helve t(aNOr Dale d( Pokcy, whicA nevvnaply panain l0 rte loan w damaq. Further, N n gwald 6y my emrorkad npawmalNa m IM Cwrgwp, IM Maud thlirenl e11N1 pram Na pamiadwb M wdlinp, roc any awhaDed npnwPlPllw m IM Cvnpwry 10IawdM, nwpecl end COpy aN ncoma, rooks, bdpan, rMsh., arrespandence arvl rrertwraga m tM cua0dy a ~Ot)~Z$ 08!18!2605 09 53 FA;; 970925624 LTG-ASPEN • 0 004/014 cvnrd of a thkd pony, wNdt nawnddy perteln tv tM bas w darape, ptl infamllen dasglwud o confaknllal M IM hared dehranl pravkhd tv 1M Cotrylny prawlnl to Ihis &nla dw1 na M dodvad to nMn unka, o fM nawehh judpnm of IM Carryery, h is asawry in IM tdMdanlbn or tM cNin FWat of Ih iaasd deinwnl to aNtdl for Bxamalia under oell4 progra nMr naaahty ngaaod idanaivn a gran! pemieion to wcwa naeonaWy neaeeay hdtnlrlinn farm Ihhd parka as nquircd In rho parapnph, unha prohibited hY kw a gewrmanld npdnian, chap 111111•fale ary hab~ly of IM Collperry wider INe pdiry a Iv IMl dwn. B. Dplba to Pa>La DlMrwiw Sellh Clehuz Tomirwton of lieNlhv In caa of a deimundar Ihh pnGcy, IM Carpery shW Iwve the foAowinp aMAiad vplims: a Tv Pay or Tender PaYa6m a lM Amami el pwarawa a le Pach IM Indehledrwas. lie Iv pnY a tender paymem of IM anlaMN al iriwmna abler INs pplry tvpllMrwllh airy asls, nlomsya Ins std opener ncurndby the hawed cldrrwn6 which wen auMdrod by IM Corlpary, Ip tv IM the of pryrmnl or IaMar al prynanl aM wNch IM Cprrpary h vfrGpnld Iv pay, a Ili) tv pwdroa tM indabtadau weured W IM irwuad morlptAa for Ih anmunl owing Ihereen lopatlwr whh ary costa Ntarays'fen end a.perwea hxwnd 6y IM bwlred daimem whkh were amaaad bt' IM COrryany W le the Iola of purchew and whkh IM Cormary is nhGpaled to pry. If IM Carpay Pffan tv purchm tM indahledaa m Mreb provded, tM owar of IM hnhhledrca ShW Ueafeh asdpn, wN conwY IM agpblallMM and IM hwod monpye, laprlMr with eery colalerd waxily, to IM Cplpalry upon peyrwnl IMnfwe. Upon IM Iareiw bl IM Conpary of richer of IM vpliaw provided ra b paynpw IWO a Aib W heblily and ohlpalione to IM hrwaed lanky Ih@ policy, aher Ihn to riwhe IM payriam nqulredn Ihvw paapaphr, shaA nmdrrae, hKte6rlp MY MpiYly a ohppnbn to &lend, prowcwe, or coniker amy filipatlen, aid 1M policy Shill M srureridemd la IIa Canpary fa canaperi0lt. Ihl To Pav a DIMrw®SeItN yfnh Parks Other Thai IM Inawd a YKIh TM hewed Ckawm. Il to pay a alMryrhl allh wish atMr panda fa or u IM mama or an hxurld dahrenl sly slalmireund apainaf ender IN9 porky, topalMr wish wry cans nlomeys' lees oral axplan kcumd by IM jawed chimer! which were eulhaked by IM Cnrrgmny up Id tM Ivtw of pryrranl and whkh tM Cprryary b nhGpered to pay; a GI to pay a otMmia seek wish IM Insaed clakaa IM hwe a derrrepe aarided la order INS DekY• ryalherwhA airy coaa nlorneys Lass and expartwe ircwnd 6y rM bowed daimenl which were emhorked M IM CarWny up la IM line of pryrranl and whch IM Carpatry o abrgaletl Iv pay. Upon iM exsrche 6y IM Colrpalsy of ehher of IM Oplkn provded fa in P~Anplls IbpU a IN, tM Cixrpary'e rhGpationa Iv IM inaald under rho poky IatM etaind hue or darwpe, OIMr Than IM pryennla npAled la M made, shaA leminna, mcludbp airy IbhiAIY w oblpnhn to MTend, pronacme, a cordhaw any Yllpetivn. Na Ohpla110r18 whh reopen to Ilwl Itml ter ald SheN rot M pabk ra 8rty Iw or dameq ceueea IMnby. roe In tM ewnl of any 41ryelbn, hldudhp Glipnhm M IM Ca~paw a wish IM Canlwry i Cnnanl, IM Cerlgary ShW Mre rc laNply fa IOO tx darrpe wlp Ilwn has hem a final datemjnalian hV' a can of somplml pindxrion, and Ilrypolion or aN appleh flwnlrvn edwra to IM leek or n 1M ten al IM osure~l rrwrtpepe, a bswa Ice TM Cnnpaly shW ml M lwbk for ba a derwpe to arty Imuad for gebilpy vtlwtaray aalmd by IM inatred b anbq eery claim a wh wi1Mm IM plbr wdlten saran! of IM Cnrrpyy. IdJ iM company dap na M lWk 1nr, lq any IndanaJiew armed sldlaeganl to Dae d pdky exapl to adYensas rreda to grouse lM Ike yr 1M eland oalpapa and acund IMnby end namndde anrollnlsaperdad to paY1m rhterbraion of inprowrnmx or liil svalnxtion oan advanaa rtwm aupagwm to Dae or poky, Ixapl cunanxtia lean aMlrxes n1ed1 MLwquwl to Dne vl Popry ra Ilg pupow ar finendy in whop a k pen IM collnruclion of an wprowmam to IM land whkh el Dale of Poky wen weed by IM inward rmnpape mid wNrh fix hlswed wa and eonlinwd le M aahend le edvrrwa a end afbr Dare rl Ppky. B. Aadunivn of hwaena~ Aarhanial a Terninnivn al Lkbifn . le) Ad paYllanla rder Ild7 pdiry, nnpl prymrnl IMde for coda a1laMya' fax aid eapemra Shill reduce IM BnwuM of IM nwrenee pro Ia110. Howewt arty payrmnls rtrod pea le IM acgidsilbn of leek Iv IM arena a klaea as prtvided'n sanion Teel of IMae CaMllrom and Slgdnions SAW nnl ndua pro lento IM arrwal o11M nnaena n1oMld under Ihi1 poky extapl IO IM axaa Ihn IM prynems educe IM emaerr of IM indrhledww wound by IM unwed rrartpapl. Ibl Paylmnl M pmt a' airy arson vI tM prhxipel of IM :Mabindneab a arty otMr dlipalia acwld by IM irtawed Iwell~. a anY Ydwtllry perlial saisfaslhM a nkaw of IM hrwaed morllape, la IM enrm PI IM paYrwnl, aansfanNn a more, dw0 wdxl IM errawm al Insuranm pn lamed. TM Nwnt 01 newerce IaY IMmaler M hlcreawd M eccndrlp Inlmn and aMamaa rtwda to anon IM Mn of 1M oaard mortpye aril wsund IMreby, whh hxerrss IMnort provided k no even shah tM ercmwl of haanre M peeler Ihen IM Amwwl of Inwlrmw aped in 9drduh A. Ice Peyrmm n lop hY all' pxsal or tM vpAedary sathledian or rekea of fM iawld mrnpye ahel leminne ed pehwly d IM Carryary easepr m provided k Saclkn 21a1 of IMx Condlbrd end Slipuklbre. 10. Limiily Nonaxndatire. d IM Imwltl asquhee leek le IM eaele a knron b satiefwlian of IIx ndehwdnltswaned hylM kaaod rmrtpepa, er en'I pmt thand pis eapreadY undlrstad rMl tM anaum of bwurana antler flue pdey ahW M ntlllnd by wR' erlror+d iM Coxpary awY Pey Ixder arw Pvk1' bwhq a rmnpape IP wNch Ixaptivn is IWen bt Srdwdda B a to which IM itlennd has ymed, seaweed, a IWen xLpm, a whkh h Mnelrer execulyd M' m mwnd and which is a charge or Mn en nw anae er hn.na dBacnbed a relemd le b 4cMdak A, end IM anxlrnt m paid droll M delmd a peYmem underlNt polry. 7. Dewmnwlkn and Eaun1 a Lgbiw This poky o a eomren of bdarmkY pabal aelud montery ba a damage wwtaawd Or inawed by 1M naaed cleiriall WM ha wNrmO boa a daiwpa by meson of ralmn hlaaed yaina by Ihh popsy axe oily to IM elan Mrob deaaaod. IN 1M GeDiry of tM Cayary under INe popsy dtetl not aaed IM teal d; Ii11M Annmf of Nnrwu mead b Sdwdda A, a, d apphcehh, IM enwtnl of hI Wancr n delinedm Semim 21c) M IMw Con6liona end SlgMalbna GA tM amml o IM Impeid pdmdpd inbhladrca sand by 1M kawd rmrlpaq as lidlaa a prodded ruder Senion B d Ikea ConArhna end Stipulnhww ar as reduces ieMer 9lellpn 9 d IIRa Canlllinns entl $Ilpllhlinrlr, n IM INa IM bss a darape nwnd yabwl by INS pWry oamrs, lopelMr whh htana IMnac a (ihliM dilflrenn M1we1n IM oily Of iM haeadeaall Orimana e9 inwwd anA IM vehre of IM haaededete aBUnn aWjecl Iv IM dales!. kn a ercurrdxarxe Mtwd yebd by tNs poGry. till In IM awm IM deed ha ecgNnd IM .sale a nllnd b IM roamer dassnTed b Seelbm 21e1 of IMa Contlhba arm Slhsdnnna a ha camyed IM leek IMntM GahipY of IM Cvrrpemy shW melee W all Iashm Srcllon 71a1 of tMa Cmtliloa and Bdpuletivns, Id TM Canpary will pay onty !how cos; euameya'leaeandeapemea ircwnd k aceeManea with Secllon 4 of Ihea Cmd'niaa and Slipulaliaa. B_taritalbn el LiebiAly. eel l tM cvrryary enehlaaxs IM thk, a npwwa Iha eMped lkfea, Ike a encltrrhranCe, er cone IM hlch h1 a repro of ease Iv yr from IM land, ar tdrea IM claim of untwraelWiry of Ihh, yr rlMrwha axddisMr IM Ln of tM hland Imnpye, el as neve0. b e roaavrrahly diGgnl iwrerer py any tlrthod meNdnp lilipetion end IM mrryhllan of wry nPPeelr IMrelrom it chap haw Iu1y fwdalmd pIAAT.3 CanrPye3orq l I. P_ a Iren_y t vl L`a Ial No peYrrrnl slwll M rwde wlllloul prodaiy INa pvaCy fa nrdnrwnea of IM pryrnm wdaa IM papcy Man bst a denroyed, o whkh sass proof vl bss a bnruclkn shW M Irxddad to IM saidanion of IM Canpery. Ihl When Mdlily and IM aaum of ba a dalwpr hm Men aloiup fired b accadrxa with IM Catdhiaw W 9lqulelbm, IM IDs a dlwwpa deal M pryeple wilhb 30 dryalMnalur. 12. ipnU P mane aSellhrtem. Ln) TM Compem'a Aida of Sldrraei Whenwr IM Coitpwry shW Mw wllkd and paid a diirr andrr INS pe&y, el dphl M auMnpaion steal wa in tM CoIlDany aelfenad by erry al of fM irwnd cuhtrm. TM Caryemy ahW M ad,ryala0la old M anlpkd Ip dl dpMa ad nrred'ps whfcfi IM inlaetl cNdrra1l would hew had ydnn ary payee or WIW„Y b mega! to IM ddmhad this poesy nn hen hwwd. l ngiwyad by tM Cerrpwry, Ih bawd de:ran dwp IrMlSfer to IM Cornpwry W rpMa and nmedirs yabw ary garage a progeny canary k order to padre tNa yield of slrhyni0rt LM naaed clamwnt dwl gyro!! IM Cvrryary Iv 9w, caryrerdq a setlh n IM rrww M IM hwured dabnal and la uw IM n&ra a IM itimd clahtwM Yt wry Irertanclian a lu0mion awphinl IMw dphis or nln&es. If a paymrM m seam! n a dabndas n11 iulY cover tM Ias of IM htsaed dahrem, tM CanganY shW M wrkrgaud 10 W rgma antl mrmdks of Ih htwaed dwrrw after IM bwwptl dear®q dwp paw ncrrentl Aa costs OI cn60110n. Plbwjpd. Mena, ad ooo~a9 08/18(2005 09 53 FA1; 970925624 LTG-ASPEN • @J 005/014 (bl TM ImuredS Rilhls and Lbaetisrla Ngwdhgendnp IM forepainp, Ih OWrer al IM IMIMIdrea recwe0 bl IM maned rrenpye, prmiibd Ih plbdly d IM bn el tM band mpnpya w ils eMaceabd'ny b Iwl aNacre4 nqy nkare w aWgAule IM personal Yehity P(any dlMm or palrmdor. or Ixund m mhtwka mends IM wmu M PMwM, w nkaa a ponkn M tM agat/ a imanq IremIM lwn of dw hawed rrlmlpapa, or nlana Anl' cdlaleml wauAy larch iltde6ledlwa. yMen tM pemNrod mte of IM hswed ckhnwll occur end1M homed has hndwbdpa of elry thlm of Ii1N m htanq adata to IM tbY 10IM egala w prlereq a IM pnwity menferteahfity of IM Ben d IM Mgmd lmnpape, ae :awed, tM C mryary shall be wgnhed to pay only thpl pan d wry looms hared yehq by tma ppljcy whkh shag exaetl th mreunl, I alry, kq to IM Cmatolry by name M tM ar{wirrMm by IM hawed cla:rwnl of IM Csrryerry'r npAt d wdnogallon. Icl TM Cwparr s Aihhla Aiainsl Narhwrad OAYAo Th Calrywq'a rqM of wbrapaton epaiml ren•hand apYpen shay asNl eM owl hClnAe, withnyl Ym1a1bR Ih nphn of Ih igymld to IrdereMbx pnwemka ghat pPYCkB el blgrarlCa w horde, IwlWllhllmldiy ally lama nr cmldllpln Cenldrwd h IhPa Nmrunanlswhkh provide fw sumvpatbn dpMs 6y msaon of IMe pnlwy. TM Cdrrpnlry's riphl of aLropalien>M1aM rel a aveblea W acquisilbn M IM rwwed mnpap by an ohbpa Nscept m ob9por daarbed h Seglon 11eNY1 Pf the Lgndllkm and Slhadelbm) who ecquna IM hawetl mnpye r a nadl Pf all irgarWlily, phmenme, olhr policy of inglranw, m pond and IM ahapor wiN ret h an hawed older Ihb Policy, nstwilhgandaq Seeliin 1(aNll of thw Conddkre and 9lryldgbns. 19. Arhnmlion. unbss prohihhed by appliphk Mw, ei1Mr ih LwPwIY w IM hared rosy demnd arpilrellon pumumn 10IM Tina Ineurence prhitntbn Rdez el lh Atmrkan prhhrelion Assorillon. prhitreob mIIBM my inchN, 6m are nol BmiUd ta, qM contrnwray a cldmMtwxn IM CAmpeny and IM Irauad cooly em of w rdathp to Ihb pofnry,any aMre al Ih Carpmry in conrecllen whh ils isalend ar Inn poach of a poky porigmt a o1Mr omlpnion. AY eddlMb mttlra who IM Anta,nt of NwmwtM b St,88R,ppp a Ya ahw 6e arMrded a IM opibn al eidwr Ih Calrymry mtM :mead. AY addtahb mllem when the penult of Lyewwga b n excess of S1,Ep0,8p0 shop M mhgrgatl ImN who apaed to W hots th Collpmy awl IM kslnd. Arhilralbn OurauaM to This policy ah urrdm Ih Aloes in eflnel an th OIIe tM bnrnd 1m mhilMlipn is rrede m, q IM dplinn M th bwwld, IM Rdaa in affeq M Date of PpYcy dleY h hbtdalp upon iM penkx Th awaM rrey aldnde eltonwyl hex omy it IM kwa of Ih qan In wNdr IM bM is bcdad peMq a cowl to award MlomeYl fees to a prwainp pw1Y. JudplreM rgwn 1M awaM nn~wd by IM Albilydodq may M imenq bt arty coon hwry pPis9ttkn IhInM. Th kw of qe silos M th land gtaA apply la re mhilrelloll Yodel Ih Tpb Insumna Adivalbn APNx A copy d IM Ruka lrey M oblgred Irom the Claryalry Irpen npwq. 14.1ieh71 Lhrited le lniaP P Em:e COMrmI. Inl Thb poky Inlnhr wpn en ergmalremx Y arty, anmhd Mrot/ by Ih Carpaay b 1h eMln poky lag comren Mtwxn Ih ingpltl and Ih Cmrymry. In hnryntkp qtly previson of Ihb policy, INa poYcy gleA h cengnwd re whole. roi plry chow of bsa ar damps, whghar or not head sn repaplrla, and whkh anae ouI d IM galue of IM kn of th ileurep morlpepe a d Ilw lilb to Ih egelc ar knenw cpnntl Iwaby m by eM' aclhM bmniy ggh,9aim shall h ngrklld to Ilia ppipy, RI No mlalldmnt M srerMarattaM to Ihk policy can M node escspl by a wMiy Indutardhnpn or atlachd Mreto sgredhy ekhrih PnsNad nww PresiMm, 7M 6Ycrelary, an Aadamd Sarnlary, mvaapalbp olfkar sr emhmhed sgnmmy of tM Callpatry. f5. Se~vessbYhv. pl Ih eranl ally Aronson of Imo popsy b hld imaaU w wwMoruahk under appYeahk mrs, IM pdAey dlaq M deemd rot to hcbda IhM proddon end at glhr pmv®ons gtaY rerlail h IPA lore ene effeq, 18. Nolicex WMw &m. AB nlllcu mquhed to M pMn tM Colgreny and a"Y delmrem hl wMYq nglged le M IlmdwA IM Conprly dwp hehde tM rxmwer W Ilia poky end coop Do adlYwred Io ifs Havre Olllw: Apo Slcand Aanue South, Mimtpolb, AYrmaeola 66001, (81213719171, OLD RFPIIYIIL NATIpNpL TIRE INSDApNCE COMPANY A S1ecY LonDaty 900 Senarq AW mq 3ouh MhmeapaYx Miretawle 55901 181213711111 pL.0AT.4 CPwr Pape 4orA •~MTlilg P ~mw ~ Y~~ OU(1~~~~J 08/78/2005 09 54 FAH 970925624 LTG-ASPEN • f~ 0G6/014 Form Our Order No, Q386571 Schedule A Amount 5200,000.00 Property Address: 1800 SCONE ROAD BASALT CO 81621 1. Policy Date: Jtwe Ol, 2005 at 5:00 P.M. 2. Name of Insured; GUARANTY BANK AND TRUST COMPANY, ITS SUCCESSORS AND/OR ASSIGNS 3. The estate or interest in the land described or referred to in this Schedule and which is towered by fhis policy is: A Fea Sample 4, Title to the estate or interest covered by this potlcy at the date hereof is vested In: CINTHIA R. ANDREWS AND ROBERT LIPTON 5. The mortgage, hetvjn referred to as the insureA mortgage, and the assignmeatts thereof, if any are described as Follows: DEED OF TRUST DATED MAY 23, 2005, FROM CINTHIA R. ANDREWS AND ROBERT LIPTON TO THE PUBLIC TRUSTEE OF PITKTN COUNTY FOR THE USE OF GUARANTY BANK AND TRUST COMPANY TO SECURE THE SUM OF $200,000.00 RECORDED JUNE 01, 2005, UNDER RECEPTION N0.510815. 6. The land referred to in this policy H described as follows: SEE ATTACHED PAGE(S) FOR LEGAL DESCRIPTION ~~ Tills PoGCy Valid ody iP Schedule S is attad.ed. Land Title Guarantee Company Representing Old RepubBC National Title Insurance Company UUl'J'.JO1 08/18/2005 09 54 FAX 970925624 LTG-ASPEN ~ f~007/014 LTG Policy No. LTFJ386571 Our Order No. Q386571 RXHIBIT "A" LEGAI UESCHIPTION WEST SOPRIS RANCH, PARCEL !4; A PARCEL OF LAND SITUATED IN THE WEST 1!2 OF SECTION 15, TOWNSHIP 8 SOUTH, RANGE 87 WEST OF THE SIXTH PREVCIPAL MERIDIAN MORE PARTICULARLY DESCRiHED AS FOLLOWS BEGINNING AT THE SOUTHWEST CORNER OF SAID SECTION 15; THENCE SOUTH 88 pEOREES 53' 16' EAST 1319.54 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING SOUTH 88 DEGREES 53' 16` EAST 659.77 PEET; THENCE NORTH 00 DEGREES 52' 24" EAST 2340.00 FEET; THENCE NORTH 88 DEGREES 53' 16" WEST 659.59 FEET; THENCE SOUTH 00 DEGREES 52' 40" WEST 2340.00 PEET TO THE TRUE POTNT OF BEGINNING. COUNTY OF PITICIIJ, STATE OF COLORADO. J~~~i~G X8/18/2005 09 54 FAH 970925624 LTG-ASPEN • f~ 0081014 AL/ORT Our Order No. Q386571 Schedule B - I This policy does not insure against loss nx damage by reason of the following: 1. Rights or claims of parties in possession not shown by the public records. 2. Easements, or claims of easements, not shown by the public records. 3. Discrepancies, conflicts in boundary Imes, sho[tagc in area, encroachments, and any facts which a correc[ survey and inspection of the premises would disclose and which aro not shown by the public records. 4. Arty lien, or right to a lien, for services, labor, or material theretofore or hereafter furnished, unposed by law and not shown by the public records. 5. TAXES FOR 2005 AND SUBSEQUENT YEARS ONLY, NOT YET DUE AND PAYABLE. 6. DEED OF TRUST DATED TUNE 29, 2004, FROM CINTHLq R. ANDREWS AND ROBERT LIPTON TO THE PUBLIC TRUSTEE OF COUNTY FOR THE USE OF GUARANTY BANK AND TRUST COMPANY TO SECURE THE SUM OF $637,500.00 RECORDED IULY OZ, 2004, UNDER RECEPTION NO. 499349. 7. RIGHT OF WAY POR DITCHES OR CANALS CONSTRUCTED BY THE AUTHORITY OF THE UNITED SLATES AS RESERVED fN UNITED STATES PATENT RECORDED IULY 20, 1943, IN BOOK 167 AT PAGE 511. S. ALL THE COAL AND OTHER MIIJERALS Ev THE LANDS SO ENTERED AND PATENTED, TOGETHER WITH THE RIGHT TO PROSPECT FOR, MINE AND REMOVE THE SAME AS RESERVED IN THE UNITED STATES PATENT RECORDED .IULY 20, 1943 IN BOOK 167 AT PAGE 511. 9. THE RIGHT TO USE 5UB7ECT PROPERTY FOR SHEEP PASTURAGE EACH YEAR WITHOUT CHARGE, SO LONG AS CONSTANT[NE G. SKOTELIS SHALL OWN AND OPERATE A SHEEP RAISING BUSINESS IN GARPIELD, EAGLE AND PITKIlV COUNTIES, COLORADO, AS RESERVED IN pEHD RECORDED FEBRUARY 13, t9471N HOOK 172 AT PAGE 40. l0. EASEMENT AND RIGHT OF WAY AS GRANTED TO HOLY CRO55 ELECTRIC ASSOCL4TION WC. IN INSTRUMENT RECORDED IUNE 25, 1971 IN BOOK 256 AT PAGE 102. 11. EASEMENT AS GRANTED IN INSTRUMENT RECORDED MARCH 4, 1981 IN BOOK 405 AT PAGE 201 12. ANON-EXCLUSIVE RIGHT TO USE IN PERPETUITY, AN EASEMENT 50.00 IN WIDTH FOR QO(1~3J 08/18/2005 09 54 FAH 97092562 LTG-ASPEN • f~nnsIola LTG Policy No. LTFI346571 Farm AL/ORT Our Order No, Q386371 Schedule S - I INGRESS AND EGRESS AS SET FORTH IN INSTRUMENT RECORDED AUGUST 31, 1978 IN BOOK 353 AT PAGE 614. 13. A 50.00 FOOT WIDE EASEMENT FOR A ROAb TO HE CONSTRUCTHD ACROSS SUBJHCT PROPERTY, AND FURTHER RESERVING A 15.00 POOT WIDE UTILITY BASEMENT INSIDE ALL BOUNDARIES, AS RESERVED IN DEEDS RECORDED MAY 17, 1976 IN HOOK 312 AT PAGE 16 ANp IN HOOT( 312 AT PAGfi 23. 14. RESTRICTIVE COVENANTS, WHICH DO NOT CONTAIN A FORFEITURE OR REVERTER CLAUSE, HUT OMITTING ANY COVENANT OR RESTRICTTON BASED ON RACE, COLOR, RELIGION, SEX, HANDICAP, FAMILIAL STATUS OR NATIONAL ORIGIN UNLESS AND ONLY TO THE EXTENT THAT SAID COVENANT (A) IS EXEMPT UNDER CHAPTER 42, SECTIpN 3607 OF THE UNITED STATES CODE OR (H) RELATES TO HANDICAP HUT D08S NOT DISCRIMINATE AGAINST HANDICAPPED PERSONS, AS CONTAINED IN INSTRUMENT RECORDED AUGUST 15, 1995, iN BOOR 79D AT PAGE 723 ANp AS SET FORTH IN ROAD MAINTENANCE AGREEMENT POR STONE ROAD ACCOCIATION RECORDED AUGUST 29, 1995 UNDER RECEPTION ND. 384824. 15. TERMS, CONDITIONS AND PROVISIONS OF RESOLUTION 95-168 DENYING 1041 HAZARb REVIEW RECORDED SEPTEMBER 28, 1995 AT RECEPTION NO. 385947. 16. TERMS, CONDITIONS, PROVISIONS OP RESOLUTION OF THE HOARD O COUNTY COMMISSIONERS OP PITKIN COUNTY RESCINDING A PREVIOUS 1041 REVIEW RECORDED OCTOBER 27, 1995 UNDER RECEPTION NO. 386815, AND RE-RECORDED NOVEMBER 6, 1995 UNDER RECEPTION N0. 387102. 17. EASEMENTS, R1GHT5 OF WAY AND ALL OTHER MATTERS A5 SHOWN ON THE 1041 HAZARD REVIEW MAP RECORDED DECEMBER 12, 1995 IN PLAT BOOK 38 AT PAGE 94 AND RECORDED NNE 27, 2003 IN PLAT HOOK 65 AT PAGE 77. ] B. TERMS, CONDITIONS AND PROVISIONS OF RESOLUTION NO. 100-2000 RECORDED AUGUS"f 24, 2000 AT RECEPTION NO. 446365 AND RE-RECORDED AUGUST 25, 2000 UNDER RECEPTION N0. 446386. 19. TERMS, CONDITIONS AND PROVISIONS OF ROAD AND UTILITY EASEMENT RECORDED SEPTEMBER 14, 2001 AT RECEPTION NO. 458629. 20. TERMS, CONDITIONS ANp PRO VISIONS OF ELECTRIC UTILITY EASEMENT RECORDED NOVEMBER 24, 2003 AT RECEPTION N0.491610. X8/18/2005 ~9 54 FAX 970925624 LTG-ASPEN • C~j070~014 Form AL/OItT Our Order No. Q386571 Schedule B - I 21. TERMS, CONDITIONS AND PROVISIONS OF CONVEYANCE OF WELL RIGHTS RECORDED NOVEMBER 24, 2003 AT RECEPTION NO. 49]611. 22. TERMS, CONDITIONS AND PROVISIONS OF POWER POLE AGREEMENT RECORDED SEPTEMEER 08, 2004 AT RECEPTION N0.501704. 23. TERMS, CONDITIONS AND PROVISIONS OF AMENDMENT TO TH$ COVENANTS RECORDED NOVEMBER 24, 2003 AT RECEPTION NO. 491612. 24. ENCROACHMENT OF TOTEM POLES ONTO STONE ROAD AS SHOWN IN THE IMPROVEMENT LOCATION CERTIFICATE HY HIGH COUNTRY ENGINEERING, INC. DATED TUNE 8, 2004 PROJECT NO. 2000784.02. 08/18/2005 09 54 FAH 97092562 LTG-ASPEN • f~011/014 ®~)~.~~~ X8/18/2005 09 54 FAH 97U92562~ LTG-ASPEN • ~ 072/~~q LAND TITLE GUARANTEE COMPANY Case 0386571 Policy LTFS388571 Loan # 050341 Property Address 1800 sTON$ ROAD BASALT CRS 816a1 owner CSNTBIA R, ANDRRN~'AND ROBERT LIPTON t3NDORSSE~t~'r 100 The Company hereby insures against loan which said insured sha1Z sustain by reason of the following matters: 1. Any incorrectness in the assurance which the Company hereby gives: (a) That there are no covenants, conditions, or restrictions under which the lien of the mortgage or deed of trust referred to in Schedule A can be cut off, subordinated, or otherwise impaired; (b1 That, except as shown in Schedule B, there are no present violations on said land of any enforceable covenants, conditions, or restrictions; (c) That, except as shown in Schedule B, there are no encroachments of buildings, structures, or improvements located on said land, onto adjoining Za.~ds, nor any encroachments onto said land of buildings, structures, or imprvveme.zts located on adjoining lands. 2. Any future violations on said land of any covenants, conditions, or restrictions occurring prior to acquisition of title to said estate or interest ny the insured, provided such violations result in loss or impairment of the Lien o.` the mortgage oz deed or trust referred to in Schedule A or result in loss of the title to said estate or interest if the insured shall acquire such title in satisfaction of the indebtedness secured by such mortgage or deed or" trust. 3. Damage to existing improvements which are Iocated or encroach upon chat portion of the land subject to any easement shown in Schedule B, which dama:re results from the exercise of the right to use or maintain such easement for the purposes for which the same was granted or reserved. 4. Any Ftnal court order or judgment requiring removal from any land adjoining said land of any encroachment shown in Schedule B. whenever in this endorsement any or all of the words ^eovenants, conditions or restrictione^ appear, khey shall not be deemed to refer to or include the terms, covenants and conditions contained in any lease referred to in Schedule A. The total liability of the Company under said Policy and any endorSemer.ts therein shall not exceed, in the aggregate, the face amount of said policy and costa which the Company is obligated under the conditions and stipulations thet-eof to pay. This endorsement is made a part of said Policy as of Che date thereof and is subject to the schedules, conditions and stipulations therein, except as modified by the provisions hereof. Nothing herein contained shall be construed as extending or changing the effective date of Ghe aforesaid policy yr commitment, unless otherwise expressly stated. Representing Old Republic National Title Insurance Company JO(1t;n~ 08/18/2005 09 54 FAX 97092562 LTG-ASPEN LAND TITLE GUARANTEE CQNIPANY ~ 0131014 8l7DORSffi4SNT Ax,TA e . 1 Case Q386571 ENVIROND4',NTAL LIBN PROTNCTION Policy LTFJ386571 .Loan # 050341 The insurance afforded by this endorsement is only effective if the land is used or is to be used primarily for residential purposes. The Company insures the insured against Ions pr damage sustained by reason of lack of priority of the lien pf the insured mortgage over: (a) any environmental proteeti pn lien which, at Date of Policy, ie re Cprded Sn those records established under state statutes at Date of Policy for the purpose of imparting constructive notice of matters relating to real property ko purchasers for value and without knowledge, or filed in the records of the clerk of Che United States district court fir the district Sn which the land is located, except as set forth in Schedule $-1; or fb) any environmental protection lien provided far by any state statue in effect at Date of Policy, except environmental protection liens provided for by the following state statutes: zone This endorsement is made a part of the policy and is subject to all o:` the terms and provisions thereof and of any prior endorsements thereto. Except to the extent expressly stated, it neither modifies any of the terms and pxovS:~ions of the policy and any prier endorsements, nor does it extend the effective date of the policy and any prior endorsements, nor does it increase the face amount thereof. Representing Old Republic National Title Insurance Company (1!?fil?~?4 X8/18/2005 09 54 FAH 97092562 LTG-ASPEN ~ ~ 014/014 Report Dale: DSlI62I105I2:37PM PITKRY COUNTY TREASURER Page: 1 CERTIFICATE OF TAXES DUE CERT #:20051253 SCHEDULE NO: R007068 ORDER NO: LTC#386371 ASSESSED T0: VENDORNO: 204 ANDREWS CINTHIA R LAND TITLE GUARANTY CO PO HOX 3317 533 EAST HOPKEVS ASPEN, CO 81611 ASPEN, CO 81611 LEGAL DESCRIPTION: SUE:WEST SOPRIS RANCH LOT:14 DESC: AKA PARCEL 14 SECT,TWN,RNG~IS-8-87 DESC PARCEL OF LAND IN W2 OF SEC IS-5-87 CONT 34.436 AC M/L DESC BY M/B 13K 292 PG 741 BK 312 PG 22 PARCEL: 246515300006 31TUS ADD: 1800 STONE RD BASALT TAX YEAR CHARGE TAX AMOUNT INTEREST FEES PAID TOTAL DUE 2004 TAX 2,31 B.OB 0.00 0.00 2,318.08 0.00 TOTAL TAXES 0.~ GRAND TOTAL DUE GOOD THROUGY•T 05/16!2005 ~ 0,00 ORIGINAL TAX BILLING FOR 2Dp4 TAX DISTRICT 016 - JTI-WZ Aathority Mill Levy Arpoant Values Actaal Assessed PITKIN COUNTY 3.245 114.29 RESIDENTIAL 442,506 35,220 OPEN SPACE & TRA11S 3.769 132.7a __________~~.. -_--.________-. BASALT FIRE PROTECTION 6.193 215.12 TOTAL 442,500 35,220 ROARING FORK SCHOOL DIST 4LZa6 1,452.68 COLORADO MTN COLLEGE 3.997 140.77 COLORADORJVERWATERCONS 0.252 8.88 BASALT WATERCONSEAVANCY 0.072 2.54 ASPEN VALLEY HOSPITAL 1.500 52.83 BASALT LI$RARY 2.072 72.98 HUMAN SVC & OTHER GRANTS 0.501 17.65 CROWN MTN PARR & REC DIST 2.970 10x.60 TAXES FOR 2004 65.817 ^T 2,318.08 FEE FOR THIS CERTIFICATE 10.00 ALL TAX LIEN SALE AMOUNTS ARE SUBJECT TO CHANGE DUE TO ENDORSEMENT OF CVRRENT TAXES DY THE LIENHOLDER OR TO ADVERTISING AND DISTRAINT WARRANT FEES. CHANO&S MAY OCCUR AND THE TREASURER'S OFFICE wlLl NEED TO EE CONTACTED PRIOR TO REMITTANCE AFTER THE FOLLOWING DATES: PERSONAL PROPERTY AND MOBR.E ROMFS-SEPTEMBER I, RCAL PROPERTY - SEPTEMBER L TAX LIEN SALE REDEMPTION 4MOUNTS MUST @E PAID @Y CASH OR CASHIERS CHECK SPECIAL TAXING DISTRICTS AND TFIE BOUNDA RTES OF SUCH DISTRICTS MAY BE ON FILE WITH THE BOARD OF COUNTY COMMISSIONERS, THE COUNTY CLERK, OR THE COUNTY A$$E$SOR. This eenifeate does nor include land or improvements assessed under a separate account number, personal property razes, transfer tax or misc. tax collected on behalf of other endues, special or local improvement drslricl sssessmenw or rtgbile hOmec, unless spxiErslly mentioned. 1, the undttaigned, do hereby cMify that the enlirc amount ofnxes due upon the above described parceta ofrcal prapedp and ell outstanding sales for unpaid laxec as shown by the tswrds in my office from which the carne mays'( h redeemed will the amount roquired for redemption are as oared herein. in vrilneae whercoG I have hereunto n swl t ~ ay a Mai' y, ZI>• . TREASURER, pITKIN COUNTY, THOMAS CARL pKEN, B 506 E. Malo SL -Ste 201 Aspen, Co 81611 (970) 920.5170 ~~~n0~ Engineer's Submittal for Septic Permit in Pitkin County Owner's Last Name: Cinthia Andrews Location: 1800 Stone Road Summary of information regarding new septic system: Upgrade Type of system being proposed: GRAVELLESS CHAMBER-TRENCHES Other treatment processes being used: EFFLUENT FILTER Does the system use any mechazucal parts? (Prohibited unless there is no alternative) NO If ves, explain why there are no alternatives Does the system require any maintenance other than routine pumping? YES If yes, who will do the maintenance? CLEAN FILTER WHEN SEPTIC TANK IS PUMPED Are any reductions being proposed? YES If yes, what makes the lot and soil conditions optimal? GOOD PERCOLATION RATES AND PROPOSING TRENCHES Which of the following are on the site or within setbacks? Closest distance of septic system to each feature ~ 100 year Iloodplain N A [X] well(s) 132 FEET ~ irrigation ditches ~A [X] streams 82 FEET [X] ponds 82 FEET [] other What was the profile hole depth? 9 FEET What is the depth to groundwater? N A What is the depth to bedrock? What assumptions, if any, were made in system sizing and design? (Include any local, site- specific data, such as months without snow cover, ratio of evaporation to absorption, etc. that are relevant.) If there are any variations from normal design, please explain how they can be demonstrated to improve treatment and protect water quality. NONE • PITKIN ENVIRONMENTAL HEALTH DEPARTMENT ISDS DESIGN CALCULATIONS QUICK 4 SIZING Owner's Name Ginthia Andrews Pazcel ID # House Size (sq. ft.) X6000 (75 gpd,100 gpd, or 130 gpd) Number of Bedrooms in Main House Number of Offices, Lfbraries, Studies, Similar-sized Rooms in Main House Number of Bedrooms in Detached Caretaker unit Number of Offices, Studies, Simllaz-sized Rooms in Cazetaker Unit (If the caretaker unit is ATTACHED, treat as if part of main house.) Average Daily Waste Flow g00 State Review Required? no Pert Rate 4Q (T) Design Flow (Q) _ # potential bedrooms X 2 people/bedroom X gpd X 1.75 Q= 1400 Minimum tank capacity 1750 gallons Absorption Area (=Q/5 X SQRT pert rate) 100 4 `0 Q Q` A = 1770 sq. ft, of absorption area required 114 gravelless chamber units without reduction # of Perc Holes Required: 3 1 in every soil type? Spaced uniformly over proposed area? UQ ICK4 9_8 iI~ICK4 9.2 A = 885 sq.ft. with 50% reductionTRENCHES 1239 sq ft 30% reduction BED 90 gravelless chamber units with reduction 135 chamber units with reduc. Type of system: []Absorption trenches []Absorption bed [X] Gravelless chambers []Dry well []Seepage Pit []Other (type) SETBACK FROM WELL # of feet = 132 SETBACK FROM POND, STREAM OR IRRIGATION DITCH # of feet = 82 SETBACK FROM DRY GULCH # of feet = 57 000091 ROBERT I. LIPTON CINTHIA R. ANDREWS Post Office Box 3317 Aspen, CO 81612-3317 Telephone: (970) 927-1927 Telecopier: (970) 927-9313 December 9, 2005 Mr. Ezra Louthis, Planner Pitkin County Community Development Department 130 South Galena Street Aspen, CO 816] 1 RE: APPLICATION POR MINOR AMENDMENT TO DEVELOPMENT PERMIT FOR PARCEL NO. 14, WEST SOPRIS RANCH, (PARCEL [D. NO. 246515300006) Dear Ezra, This is an application to amend the approved building envelope For Parcel No. 14, West Sopris Ranch. The purpose of this minor adjustment is to expand the configuration of the existing building envelope to accommodate the well and septic system design compliance per the Environmental Health department. As you know, we have developed approximately 1,200 s.f. of the 5,750 s.f. residence that can be constructed on the property. Due to the unique topography of this particular site and a negative easement with adjacent Lot 13, we are faced with certain constraints as to the scope and design of the home. The application is being submitted by Robert 1. Lipton and Cinthia R. Andrews, the owners of the property (hereinafter, "the applicants"). A legal description and proof of ownership of the property is provided in the Title Insurance Pclicy, attached hereto as Exhibit #1. The applicants are representing themselves as the Owners/Builders for purposes of this application. You issued apre-application conference summary on July 6, 2005 (see Exhibit #2, Pre-Application Conference Summary). In that document you indical:ed that the development review procedure established by the Pitkin County Land [Ise Code to accomplish this project is as follows: Minor Amendment to a Development Permit, pursuant to Section 3-200-080 of the Land Use Code, to amend the configuration of the approved access/landscape envelope for the property. 00009? Transmitted by: ^ First Class Mail ^ UPS Next Day Air ^ Federal Express ^ U.S. Express Mail ^ UPS Standard Service Courier ^ Pickup ^ FAX ^ HCE Hand Deliver 1~1i ~1 ATTN_ IVIs~, ILl2w~l on n n FAX NO. SHEET_OF _ G, ~ r ' ~ ~ ' ~~~'%~ ~`~ ~ S We are sending the following: - --------- ----••~~ •~ ~•~. ~.~~euuuuve, xma~y nonty us at once. i ~ PITKIN COUNTY COMMUNITY DEVELOPMENT DEPARTMENT 130 South Galena Street Aspen, Colorado 81611 (970) 920-5526 FAX# (970) 920-5439 MEMORANDUM To: Colorado Division of Wildlife FROM: Mike Kraemer, Community Development Department Re: Andrews Minor Amendment to a Development Permit (PID 2465-153-00-006, Case P2248-OS) DATE: December 12, 2005 Attached for your review and comments are materials for an application submitted by Cinthia R. Andrews and Robert I. Lipton. The Pitkin County Community Development Director will review the application. Please return your comments to me by Friday, Januazy 6, 2006. PLEASE RETURN APPLICATION MATERIALS TO COMMUNITY DEVELOPMENT IF YOU HAVE NO FURTHER NEED OF THEM. Thank you. PITHIN COUN~ COMMUNITY DEVELOPMENT DEPARTMENT 130 South Galena Street Aspen, Colorado 81611 (970) 920-5526 FAX# (970) 920-5439 December 12, 2005 Rob Lipton PO Box 3317 Aspen, CO 81612 Re: Andrews Minor Amendment to a Development Permit (CASE P248-O5; PID 2465-153-00-006) Dear Mr. Lipton: The Planning Office has completed its preliminary review of the captioned application. We have determined that this application is complete. After a more detailed review of the submittal information, additional information specific to the application may be requested in order to adequately review and process the application. The planner in chazge of the review will request the information from you directly. If you have any questions, please call Mike Kraemer, the planner assigned to your case, at 920-5482. Sincerely, Bonnie Waechtler Administrative Assistant Q~?(11?nr CO~UNITY DEVELOPMENT DEPAR'.TM~ 130 Sout~~ ~ ~aleua Street Aspen. C olurad~~ 81611 (97Q) 920-5526 Pitkin County Land Use: 172 Board of Adju~Lnent 159 County Land U.c. Code 173 Deposit 174 Flat Fee 162 Zoning and Sign 169 Public Notice 160 Planning Enfurccment 175 Hearing Otticer Referral Fees: 210 Airport LUCOl County Clerk 211 County Engineer 194 Environmental Health 2pg Historic lgg Housing 190 Land Management 209 Redstone HPC 206 Wildlife Officer Building Fees: 170 Board of Appeals 135 Building Code Sales 105 Building Permit 100 Contractor License 120 Electrical Permit 195 Energy Code Review 115 Mechanical Permit 150 Plan Check 110 Plumbing Permit 130 Reinspe~ction 151 Aspen Sanitation AVFD Fire Marshal 152 BFD Fire Marshal lr~ ~~ Other Fees: 155 Use Tax 165 Copy PZ005 Master Plan Copy performance Deposit ]S5 Yark Dedication 1S6 Parking Cash iu Lieu [S G]S Requirements B1202 Road Impact Fee B1203 School lmpaat Fee TOTAL ADllRESS/PROJECT: L/ - - CASE nnn„33 SECOND AMENDED PARCEL 14 WEST SOPRIS RANCH 1041 HAZARD REVIEW MAP AS SHOWN ON THE PLAT RECORDED IN BOOK 38 AT PAGE 94 WEST SOPRIS RANCH, PARCEL 14 A PARCEL OF LAND SITL:`ATED IN THE W1j2Eli2SFY1,'4 OF SECTION 15, T8 S., R.87 W. OF THE 6TH P-!vf. COUNTY" OF PITKIN, STATE OF COLORADO rarv ~ ~ PEexR e -n . ~ F--C~'_~ 0 R-Af~IdEC~_SCPAJ~ ~_ ~~ ~wan7 i...a-awn -- i. .M!'_ C E, n__vEVi ~ C-15R 5,_JP[ ~~> ~s-aca s_cac 3cx -cxA-Ea sEx_ ~ _ E ~ 0Eo , ~ ~. ~ '1Jvf ,~h3P /~ ~., i I i ~ ' X / , I I }~ ~ ~_ _~~ ~ hoc /~ rs v~ ~~84 ~E . ~ - '~ ~. ~.., ~ ~6d of ~- ~ ~ rc'i \ ~ \ b. \ ~''.~ \ :~ ~ fR ~ * r.ir~ \ IS- u; ~ _ E r1 n v: r ~ - __ - . - ,m .. Pc_ae,rz. XL`mE _sE .wo xu=..a R\ns J L[i '^~ ' _ a c _ca\s acct a-s:- _ - __ W ~ E a " r. .~~ v._er.. u.. +s v V%!~ \! ~v _-- p vsaE i_~. a _ --. %2£tMl ~4 cw><H No \~zear - SE . , SEE BUILDING -, ENVELOPE DETAIL L, 1800 STONE ROAD `. \~ 1~ 1 i ~~ ~~ I l f o~ w ~\ i ~` ' I I 1 i ~ v i ~ i ~ ~ ~.wzE I I ~ 'I / `( I\\~_~ \~ ~ III ry I N. 9~ ~ i I ~~ I ° ~ I ~ j i g ~ l ~ i ~ '~ n r ,'~ ~ i i 7W ~' i I I i~ l~ ~ I~ ~ ~ ~ i i i ~' I ~ iI P+ / j ~ / i. ~ ~ ~? ~y Is I i II ~ ~Y { y ~ A ~ ~ ~.. I ~ i. 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