HomeMy WebLinkAboutpitkin.planning.291101200017DOCUMENT 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 SOCC and/or P&Z
Determination for the Bearing Officer
Administrative Determination
Staff Memo
Application
PuBlic Notice, Acceptance Letter, Referral(s) Letter
Site Plan
Miscellaneous
Plat copies (11x1'7)
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'= CASE NAME: Barron Minor 1041 Hazard Revew
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~~ FkOJ_ADDR: 0600 Eaglemont Rd
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REMARKS
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CASELOAD SUMMARY SHEET,,.
PITRIN COUNTY
DATE RECEIVED:. 6 P8
DATE COMPLETE:
PROJECT
Project
APPLICANT
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1) TYPE OF APPLICATION.:
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1 STEP: 2 STEP:
2) IF 1 STEP APPLICATION GOES TO
P&Z BOCC
3) PUBLIC HEARING IS BEFORE
P&Z BOCC N/A
DATE REFERREDc INITIALS
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STAFF LEVEL: 1041 HAZARD REVIEW DATE. OF APPROVAL /02
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REFERRALS•
County Atty Aspen Consol S,.D,,..,__ School District
County Engr" ""'Mtri. Bell Rocky Mtn Gas
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n ectric o
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Electric
City Marshall
Fire ~1d
e-
Envir. Hlth. Snowmass Vill Surv
Ge
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Y
Count M r.
~' 4 FAA USFS
Div. Wildlife
State Plan. Off. .
Div. Water Res
'Trails Dir. _ -
Other- -
Other-
FINAL ROUTING:_ DATE ROUTED:
~r~.,. a ~,.. -.
County Atty County Engineer
Housing Dir. '`En"vir. Health
Other: __
FILE STATUS AND LOCATION:
Building Dept.
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MYLER, STULLER & SCHWARTZ
ATTORNEYS AT LAW
DAVID J. MYLER
SANDRA M. STULLER
ALAN E. SCHWARTZ
June 2, 1988
Aspen/Pitkin County Planning Department
130 South Galena
Aspen, CO 81611
Attention: Glenn Horn
106 S. MILL STREET, SUITE 202
ASPEN, COLORADO 81611
(303) 920.1018
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RE: Minor 1041 Review/Copper Belle Lode
Dear Glenn:
As disclosed in the correspondence which is attached to this
letter, access and merger issues relative to the application of
Mr. Barron for Minor 1041 Review for the Copper Belie Lode have
been resolved to the satisfaction of the County Attorney. That
being done, it is my understanding that you are now in a position
to grant Minor 1041 approval subject to the condition that Mr.
Barron seek a variance from the setback requirements so that the
building envelope can be located closer to the west line of the
claim. Tt is also my understanding that the Planning Department
will support such an application. The failure to obtain such a
variance will not affect the validity of the Minor 1041 Review.
In addition, I request that the 1041 approval include a
statement to the effect that an application for a building permit
on the Copper Belle for the construction of a single-family
dwelling would be subject to the Category 2 Exemption as defined
in your memo to interested parties regarding "procedures for
obtaining building permits" dated April 22, 1988.
Thank you for your assistance.
Very truly yours,
MYLER, STULLER & SCHWARTZ
By:~
/ ~~
David J. M er
DJM:caw
Enclosure
DAVID 1. MYLER
SANDRA M. STULLER
ALAN E. SCHWARTZ
April 18, 1988
Thomas Fenton Smith
Pitkin County Attorney
530 East Mair_ Street, Third Floor
Aspen, CO 81611
Dear Tom:
MYLER, STULLER & SCHWARTZ
ATTORNEYS AT LAW
106 S. MILL STREET. SUITE 202
ASPEN, COLORADO S16ll
(30S) 920-1018
RE: Minor 1041 Review Application of
Thomas A. Barron for Copper Be11e Lode
and 1041-Review Application for the
Claremont Lode
In connection with the above-referenced applications, and
with the assistance of Mike Dolan of American ,Title of Ezg1e
County, Inc., I conducted a search of the public records in order
to determine whether the Cooper Belle Lode had "merged" with any
adjacent claims, as that term is defined in the Pitkin County
Regulations. As shown on the attached map, the Copper Belle
Lode is contiguous to the following claims:
1. Calumet #2
2. Lincoln
3. Mountain Elk
4. Topliff
5. Prince Alice
6. Baltimore
My research revealed that as of January 1, 1978, all of the
Copper Belle was owned by Ed Smart. Mr. Smart sold all of the
surface of the Copper Be11e to Thomas A. Barron on May 23, 1986
(Warranty Deed recorded Book 511, Page 614). Neither Mr. Smart
nor Mr. Barron have, since January 1, 1978 to the present, owned
any interest in the Calumet #2, Lincoln, Mountain Elk, Topliff or
Prince Alice claims. According to the records of the Assessor's
office, those claims have been owned since January 1, 1978 as
follows:
1. Calumet - unpatented, no owner
2. Lincoln - Theodore Cooper.
3. Mountain Elk - Theodore Cooper.
4. Topliff - Theodore Cooper.
5. Prince Alice - Theodore Cooper,
W'eherle and General Minerals of
listed.
Kathryn Roome, Barbara
America.
`_ _.
' MYLER, STULLER & SCHWARTZ
Thomas Fenton Smith
April 18, 1988
Page Two
As of January 1, 1978, Ed Smart owned a 50$ interest in the
Baltimore claim.. The Aspen Skiing Company owned the other SOo
interest. Mr. Barron acquired Mr. Sm~rt's SOo interest on
April 14, 1987 ,(Warranty Deed recorded Book 533, Page 722). Mr.
Barron subsequently conveyed his SO% interest in the Baltimore to
a Colorado corporation known as Denali Properties, Inc. by Quit
Claim Deed on December 8, 1987 (recorded Book 552, Page 618).
Mr. Barron controls Denali Properties, Inc. for the benefit of
his daughter.
The merger provisions of the Pitkin County Code provide that
subdivision approval is required if "two or more contiguous
parcels of land, previously separately conveyed (or described),
shall come under single ownership..." At no time since Janu-
ary 1, 1978 has the Copner Be11e been held in "single ownership"
with any contiguous parcel and hence, in my opinion, no merger
has occurred.
In connection with the. 104,1 application for the Claremont, I
secured for Mr. Barron access and utility easements across the
following claims: The. Eclipse, Hurrah, Niagra, Calavaras,'
Baltimore, Eagle, and Lemont. According to my research, at the
time easements were granted those claims were owned as follows,.:
1. Eclipse - 1/3 C. C. Investment Company, 3/8 Stirling
and Theodore Cooper, 3/8 James and John Boslough.
2. Hurrah - 1/3 C. C. Investment Company, 3/8 Stirling and
Theodore Cooper, 3/8 James and John Boslough.
3. Niagra - 1/3 C. C. Investment Company,. 3/8 Stirling and
Theodore Cooper, 3/8 James and John Boslough.
4. Calavaras - 1/3 C, C. Investment Company, 3/8 Stirling
and Theodore Cooper, 3/8 James and'John Boslough.
5. Baltimore - 1/2 Ed Smart, 1/2 Aspen Skiing Company.
6. Eagle - Castle Enterprises Trust (Waddy Catchings).
7. Lemont - Castle Enterprises Trust (Waddy Catchings).
Easements from all of the above owners are recorded as
follows: ___
1. C. C. Investment - Book 520, Page 126.
2. Aspen Skiing Company - Book SI6, Page 23.
3. Edwin J. Smart - Book 513, Page 380 and Page 403.
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'NIYLER, STULLER & o~:HWARTZ
Thomas Fenton Smith
April 18, 1988
Page Three
4. Stirling and Theodore Cooper - Book 513, Page 384 and
389.
5. James and John Boslough - Book 313, Page 399.
6. Castle Enterprises Trust - Book 313, Page 376.
I have enclosed a "typical" easement which includes a map
showing the location of the existinq road which is used for
access. Each lease provides that the easement is for the benefit,
of the Claremont Lode and, in addition, either the Copper Belle
specifically or any other property acquired by Barron. As we
discussed, the easement only covers the roadway which connects to,
the Little Annie Road within,. the. Eclipse claim. It is my opinion
that easements from property owners through which the main Little
Annie Road passes are not required. The historic use of Lhe
road, coupled with periodic County maintenance, is sufficient to
establish a public easement. The attached map also illustrates
the location of the Castle Creek Road, the main Little Annie
Road, and the existing driveway over which I have obtained,
easements.
With respect to those portions of the Little Annie Road and.
the private driveway which pass through the National Forest, I
have been informed by the Forest Service that the special use
permit being sought to construct a driveway to the Claremont will
be amended to authorize access along ail existing roads where
they pass through the National Forest. I have applied for a
similar authorization with respect to the Copper Be11e and feel
confident that it will be granted. At your request, I have
prepared a letter which will be mailed to the Aspen Skiing
.,_
Company and C. C. Investments, as the only owners of private
property above the Lime Village Subdivision and below the Hurrah,
claim through which the Little Annie Road passes (copies
attached).
In order to aid you in your review of merger and access
issues, I have enclosed. copies of the following documents:
1. Title policy to the Copper Belle.
2. 1041 application for Copper Be11e.
3. Special use permit applications for Claremont and
Capper Be11e.
4. We11 permit.
5. 1041 approval for Claremont.
6. Building plans.
I have been advised by Glen Horn that, except for questions
regarding access and merger, minor 1041 approval would be granted
for the Copper Be11e. 1041 approval for the Claremont was.
granted on April 7, 1987, subject to review of access questions
by the County Attorney. Based upon the information contained;
~.6 e^~
~(YLER, STULLER & SCH`NARTZ ~~~ ~' " ~'~
Thomas Fenton Smith
April 18, 1988
Page Four
herein, I do not believe that there are any merger problems and I
am confident that Mr. Barron cannot be denied access to either
the Copper Be11e or Claremont,_ from the ,Castle Creek Road.
Further, I believe that Mr. Barron should be entitled to apply
for and process a buldira permit zpplicaton pursuant to the
ehemotion provisions contained in 18-2.5(b) and. (c) particularly
given the informatior_ submitted in support of each 1041
application. If you agree, I would appreciate your so advising
the Building Department after we hive filed our application for a
building permit.
I appreciate your cooperation in this matter, and if you
have any questions or need any additional information, please do
not hesitate to contact me.
Very truly yours,
MYLER, S ER & SCHWARTZ
By.
David'T. ter
DJM:caw
Enclosures
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~ Y// \ ~>'~a ~ :.a V]AY 9 ?958
~itkin county
May 6, 1988
David J. Myler, Esq.
Myler, Stuller & Schwartz
106 South Mill Street
Suite 202
Aspen, Colorado 81611
RE: Copper Belle and Claremont Lodes
Dear Dave:
In response to your letter of April 18, 1988, please be advised.
as follows:
1. A potential for merger between the Copper Belle and
Baltimore claims exists, and at this time I do not have adequate
information to resolve this issue. However, I do not believe
that under the circumstances of this case an application for the
Copper Belle should be held up because of this issue. Your'
client needs to be aware that in the event of a development
proposal in the future on the Baltimore claim, it may be
determined that there is merger with the Copper Belle.
2. There is no other merger problem with either the
Claremont or Copper Belle Lodes.
3. In accordance with my letter to you dated April 19,
1988, I have requested proof of easements across private property
traversed by the Little Annie Road, or evidence of notice to
private property owners where the acquisition of easements poses'
unusual problems. I am satisfied with the information you have
provided to me, pending verification from you that properties not
covered by easements are owned by either the Aspen Ski Company or'
C.C. Investment Company, thereby completing the right of private
access from the Lime Creek Subdivision to the Niagara Lode. It
will, of course, be necessary to see if the Aspen Ski Company or
C.C. Investment Company object to your claim of a right of
access.
Please contact Glenn Horn regarding additional requirements
applicable to development on the Copper Belle. Attached please
County Commissioners
Suite B
506 E. Main Street
Aspen, CO 87 611
(303) 925-5232
County Attorney
Suite 1
530 E. Main Street
Aspen, CO 81611
_ (303) 920-7 223
Personnel and Finance
Suite F
530 E. Main Street
Aspen, CO 81611
(303) 925-3166
Road and Bridge
Fieet Management
20270 W. Highway 82
Aspen, CO 81611
(303) 925-7212
" ' ~ '
David J. Myler, Esq.
May 6, 1988
Page 2
find copies of memoranda dated March 18, 1988, and April 22,
1988, which may affect any such development proposal.
With respect to the Claremont, if 2 do not hear from the Aspen
Ski Company or C.C. Investment Company expressing some objection
to your recent notice regarding access, I shall direct the
Building Department to proceed with the building permit
application.
Ver truly yours,
~''~•--
Thomas enton Smith
Pitkin County Attorney
TFS/hfs
cc: Glenn Horn
Francis Krizmanich
Chris Conrad
ts5.147
~ < {1, ..ate f: a~ i...
~ ~ MYLER, STULLER & SCHW~R"CZ
ATTORNEYS AT LAW
DAVID !. MYLER t06 S. MILL STREET, SUITE ?0?
SANDRA M. STULLER ASPEN,. COLORADO SL611
ALAN E. SC i~IWARTZ (707) 9?0-t0 t3
May 1D, 1988
Thomas Fenton Smith
Pitkin County Attorney
530 East Main Street, Suite I
Aspen, CO 81611
RE: Copper Be11e Lode
Dear Tom:
According to my records, the main Little Annie Road from the
Lime Creek Subdivision to the Niagra Lode passes through three of
the Legal Tender claims, the Slide Nos. 1, 2 and a, the Pophre~i
Be11e, the Green Copper, the Atlanta and Winchester claims. The;
surface of such claims are owned as follows:
Legal Tenders C. C. Investments
Slide Nos. 1, 2 and 4 United States
Pophrey Belle United States
Green Copper C. C. Investments
Atlanta United States
Winchester Aspen Skiing Company
If you need any additional information, 'please do not
hesitate to contact me. Thark you for your assistance in this
matter.
Very truly yours,
MYLER, ST R & SCAWARTZ
By:T
David J. yler
DJM:caw
P.S. I have enclosed a copy of a letter from the Aspen Skiing
Company. I have received no response from C. C.
Investments.
ASPEN SKIING COMPANY
Post Otfce Box 1248
11'7 Aspen Airport Business Center
Aspen, Colorado 87612
(303) 925-7220
27 April 1988
Mr. David
Myler, Sti
Attorneys
106 South
Suite 202
Aspen, CO
J. Myler
Eller & Schwartz
at Law
Mill Street
81611
Dear David:
c~ __
Thank you for your letter of 18 April 1988, advising Aspen Skiing
Company of Mr. Thomas A. Baryon's 1041. approval and possible future
access on the Little Annie Road which passes through our property.
Please be advised that this road access is acknowledged and in
agreement with our Company.
Sincerely,
Geri Wright
Planning Department
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cc: Aspen/Pitkin County Planning Office
ASPEN MOUNTAIN•BRECKENRIWE•9UTTEflMIIK MOUNTAIN •SNOWMA55
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pitk~n county
May 6, 1988
David J. Myler, Esq.
Myler, Stuller & Schwartz
106 South Mill Street
suite 202
Aspen, Colorado 81611
RE: Copper Belle and Claremont. Lodes
Dear Dave:
In response to your letter of April 18, 1988, please be advised
as follows:
1. A potential for merger between the Copper Belle and
Baltimore claims exists, and at this time I do not.. have adequate
information to resolve .. this issue. Tiowever, I do not believe
that under the circumstances of this case an application fob the
Copper Belle should be held up because of this issue. ,Your
proposal a in the bfuture a onh the1nBa timorentcl ma it emaymebe
determined that there is merger with the Coppez' Belle.
2. There is no other merger problem with either the
Claremont or Copper Belle Lodes..
3. In accordance with mY letter to you dated April 19,
1988, I have requested proof of easements across .private property
traversed by the Little Annie Road, or evidence of notice to
private property owners where the acquisition of easements poses
unusual problems. I am `satisfied with the information_,you have
provided to me, pending verification from you that properties not
covered by easements are owned by either the Aspen Ski Company or
C.C. Investment Company, thereby completing the right of private
access from the Lime Creek Subdivision to:.the Niagara Lode., It
will, of course, be necessary to see if the Aspen ski Company or
C. C. Investment Company object to your claim of a right of
access.
Please contact Glenn Horn regarding additional requirements
applicable to development on the Copper Belle. Attached please
County Commissioners
Suite B
506E Main Street
Aspen, CO 81611
(303)925-5232
County Attorney
Suite T
530 E. Main Street
Aspen, CO 81 fi11
(303) 920.1223
Personnel and Finance
Suite F
530 E. Main Street
Aspen, C0 $1"BY4
(303) 925-3156
Road and Bridge
Fleet Management
2021 O W. Highway 82
"' `- Aspen, CO 815'11
(303) 925-7212 ..,
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David J. Myler, Esq.
May 6, 1988
Page 2
find copies of memoranda, dated March_18, 1988, and April 22,
1988, which may affect any such development proposal.
With respect to the Claremont, if I do not hear from the Aspen
Ski Company or C.C. Investment Company expressing some objection
to your recent notice regarding access, 2 skiall direct the
Building Department to proceed with the building permit
application..
Ve yours,
Thomas ent Smith
Pitkin County Attorney
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MYLER, STULLER & SCHWARTZ
ATTORNEYS AT LAW
DAVID J. MYLER
SANDRA M. STULLER
ALAN E. SCHWARTZ
May lA, 1988
Thomas Fenton Smith
Pitkin County Attorney
530 East Main Street, Suite I
Aspen, CO 81611
RE: Copper Belle Lode
Dear Tom:
106 S. MILL STREET, SUITE 202
ASPEN, COLORADO 81611
(303) 920-1016
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i~r f'~nAY 1 1 i988
Pitkdn County Attorney's 0,~,,:~
According to my records, the main Little Annie Road from the
Lime Creels Subdivision to the Niagra Lode passes through three of
the Legal Tender claims, the Slide Nos. 1, 2 and 4, the Pophrey
Belle, the Green Copper, the Atlanta and Winchester claims. The
surface of such claims are owned as follows:
Legal Tenders C. C. Investments
Slide Nos. 1, 2 and 4 United States
Pophrey Belle United States
Green Copper C. C. Investments
Atlanta United States
Winchester Aspen Skiing Company
If you need any additional information, please do not
hesitate to contact me. Thank you for your assistance in this
matter.
Very truly yours,
MYLER, ST R & SCHWARTZ
BY :--r_
David J. yler
DJM:caw
P.S. I have enclosed a copy of a letter from the Aspen Skiing
Company. I have received no response from C. C.
Investments.
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ASPEN SKIING COMPANY
Pos[ OFFce aox ~ 2a8
117 0.spen airyort ausiness Ceneer
Aspen. CUlorado 81612
(303)925-7220
27 April 1988
Mr. David J. Myler
Myler, $tuller & Schwartz
Attorneys at Law
106 South Mill Street
Suite 202
Aspen, C0 81611
Dear David:
Thank you for your letter of 18 April 1988, advising Aspen Skiing
Company of Mr. Thomas A. Baryon's 1041 approval and possible future
access on the Little Annie Road. which passes through our property.
Please be advised that this road_ac,cess is acknowledged and in
agreement with our Company. r
Sincerely,
Geri Wright
Planning Department
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cc: Aspen/Pitkin County Planning Office
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Aspen/Pi
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March 24, 1988
David Mylar
106 S. Mill Street
Suite 202
Aspen, Colorado 81611
Dear Dave,
r
ing Office....
tteet
51611
As I mentioned to you on the phone yesterday, I have discussed
the status of the Barron 1041 for the Copper Belle Lode. It is
the opinion of the County that any property owner who has not yet
vested a property right shall be subject to the full review
procedures as outlined in section 18-2 of the Land Use Code. 'I
have attached Tom Smith's March 18, 1988 Memorandum which
addresses. this issue.
In accordance with this directive from' the Board of County
Commissioners, the Planning Office will require the Barron 104'1
application to comply with all of the submission requirements of
section 6-3.4 of the Land Use Code. 'Despite our previous
conversations. concerning the ownership history of the Copper
Belle, we will require you to provide°a complete chain of`
ownership for the parcel to demonstrate to the satisfaction of
the County Attorney that the parcel has not merged with adjacent
parcels. Please submit copies of the deeds.
A second concern which you must address to our satisfaction is
to demonstrate legal access to the parcel.. Tom smith will want to
review deeds corresponding to a map which demonstrates `legal
access to the property. If access to the 'parcel crosses United
States Forest lands, we shall require the applicant to obtain a
special use permit from the Forest `service in order to
demonstrate legal access to the property.
I regret the change in procedures in the middle of the review
,~
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process. Please call me if you need assistance in preparing the
requested materials
Sincerely,
Glenn Horn AICP
Assistant Planning Director
cc: Tom Smith
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POLICY OF TITLE INSURANCE ISSUED BY
S'"1` ~ WA 1~'1` 'r L'` L E
GUARANTY COMP,A,NY,
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SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS CONTAINED IN SCHEDULE B AND
THE PROVISIONS OF THE CONDITIONS AND STIPULATIONS, HEREOF, STEWART TITLE GUARANTY
COMPANY, a corporation of Galveston, Texas, herein called. the Company, insures, as of Date of Policy sfiovan in
Schedule A, against loss or damage, not exceeding the amount of insurance stated in Schedule A, and costs, attorneys'
fees and expenses which the Company may become obligated to pay hereunder, sustained or incurred by the insured by
reason of:
1. Title to the estate or interest described in Schedule A,being vested otherwise than as stated therein;
2. Any defect in or lien or encumbrance on such title;
3. Lack of a right of access to and from the land; or
4. Unmarketability of such title
IN WITNESS WHEREOF, Stewart Title Guaranty Company has caused this policy to be signed and sealed by its
duly authorized officers as of Date of Policy shown in Schedule A.
~. `~~_
Chairmari df the Board
Countersigned:
~p~---~'~e%-~~'~"l ~ "' (/ _ yr
Author zed Countersignature
STEWART TITLE
GIIARANTY COMPANY
d~3e:~CO0.PORgr~g2; s
>~~ 1908 jo\A
a ~. ... :: `~e
°s„~ ryry%A~xnm~``~
nm
~~
President
EXCLUSIONS FROM COVERAGE
s,,,:, ; e , ,.. r ,,,,,,,r, r
The following matters are expressly excluded from the coverage of this policy:
i. Any law, ordinance or governmental regulation (including but not limited to building and zoning ordinances) restricting or regulating or
prohibiting the occupancy, use or enjoyment of the land, or iegulafing the character, dimensions or location of any improvement now or
hereafter erected od the land, or prohibiting a separatioriin bwhersh ip dr a reduction iri the dimensions or area of the land, dr the effect
of any violation of any such law, ordinance or governmental regulation.
2. Rights of eminent domain or governmental rights of police power unless notice of the exercise of wch rights appears in the public
records at Date of Policy.
3. Defects, liens, encumbrances, adverse claims, or other matters la) created, suffered, assumed or agreed to by the insured claimant; Ibl not
known to the Company and not shown by the public records but known to the insured claimant either at Date of Policy or at the date
such claimant acquired an estate or interest insured by this policy and not disclosed in writing by the insured claimant to the Company
prior to the date such insured claimant became an insured hereunder; Icl resulting in no loss or damage td the insured claimant; Id)
attaching or created subsequent to Date of Policy; or lel resulting in loss or damage which would not have been sustained if the inwred
claimant had paid value for the estate or interest insured by ttiis policy.
or 9
No. o~/
0016
<'SM ] fl4
..,. .c, ..:;> N~ ., .. ,:.:, ..r..w.«.. ::.,rnr'n~:SY^w:rVi~F,,:... Xx!iv.~4.,hv»'r ~wwYx h er:3u,j,. ~^ t +,+. ..,?>'S~ae
v.. k.~ C
7. DEFINITIONOFTERMS
CONDITIONS AND STIPULATIONS
or interest as insured, ar,., which might `cause toss"or~damage
for which the Company may be liable by virtue of this
policy or, )iii) if title to the estate or interest, as insured, is
rejected as unmarketable. If such prompt notice shall riot
be given to the Company, then as to such insured all
liability of the Company shall cease andterminate m regard
tp the matter or matters for which such prompt notice is
required; provided, however, that failure to notify shall in
no case prejudice the rights of any such insured under this
policy uriless the Company shalt be prejudiced by such
failure and then only tp the extent. of such prejudice.
Ic) The Company shall have the right at its own cost td
institute andwithout undue delay prosecute any action of
proceeding or to do any other act which in its opinion may
be necessary or desirable to establish the title to `the estate
or interest as fissured, arid the Company may take ahy
appropriate action under the terms of this policy, whether
dr not it shall be liafile thereunder, and shall not thereby
concede liability or waive any provision of this policy.
(dl whenever the Company shall have brought any
action or interposed a defense as required or permitted by
the provisions of this policy, the Company may pursue any
such litigation to final determination by a court of
competent Jurisdiction and expressly reserves the right, in
its sole discretion, to appeal from any adverse judgment or
order.
The following terms when used in this policy mean:
lal "insured": the insured named in Schedule A, and;
subject to any rights or defenses the Company may have
against the named insured, those who succeed to the
interest of such insured by operation of law as distinguished
from purchase including, butnot limited to, heirs, dis~
tribu tees, devisees, survivors, personal representatives, next
of kin, or corporate or fiduciary successors. `~
(bl "insured claimant';': an insured claiming loss or
damage hereunder.
(cl "knowledge": actual knowledge, not constructive
knowledge or notice which may be imputed to an insured
by reason of any public records.
(dl "land": the land described, specifically or by
reference in Schedule A, arid improvements affixed thereto
which by law constitute real property; provided, however,
the term "land" does not include any property beyond the
lines of the area specifically described or referred to in
Schedule A, nor any right, title, interest, estate oreasemenl`
in abutting streets, roads, avenues, alleys, lanes, ways or
waterways, but nothing herein shall modify or limit the
extent to which a right of access to and from the land is
insured by this policy.
le) "mortgage": mortgage, deed of trust, trust deed; or
other security instrument.
If) "public records": those records which by law
impart constructive notice pf matters relating to said land.
2. CONTINUATION OF INSURANCE AFTER CON=
VEYANCE OF TITLE
The coverage of this policy shall continue in force as of
Date of Policy in favor of aninsured so long as such insured
retains an estate or interest in the land, or holds an
indebtedness secured by a purchase money mortgage given
by a purchaser from such insured, or so long as such insured
shall have liability by reason of covenants pf warranty made
by such insured in any transfer or conveyance of such
estate or interest; provided, however, this policy shall not
continue in force in favor of any purchaser from such
insured of either said estate or interest dr the indebtedness
secured by a purchase money mortgage given to such
insured:
3. DEFENSE AND PROSECUTION OF ACTIONS-
NOTICE OF CLAIM TO BE GIVEN BY AN INSURED
CLAIMANT
(a) The Company, at its own cost and without undue
delay, shall provide for the defense of an insured £n all
litigation consisting of actions or proceedings commenced
against such insured, or adefense interposed against an
insured in an action to enforce a contract for a sale of its
estate or interest in said land, to the extent that such
litigation is founded upon an alleged defect, lien,
encumbrance, or other matter insured against by this
policy.
Ibl The insured shall notify .the Company promptly in
writing li) in case any action or proceeding is begun or
defense is interposed as set forth in (a) above, (ii) in case
knowledge shall come to an insured hereunder of any claim
of title or interest which isadverse to the title to the estate
lei In all cases where this policy permits or requires
the Company to prosecute or provide for the defense df
any action or proceeding; the insuredhereunder shall secure
to the Company the right to so prosecute or provide
defense in such action or proceeding, and all appeals
therein, and permit the Company to use, at its option, the
name of such insured for siich purpose. Whenever requested
by the Company, suchinsured shallgive the Company all
reasonable aidin any such action or proceeding, in effecting
settlement, securing evidence,. obtaining witnesses, or pros-
educing or defending such action or proceeding and the
Company shall reimburse such insured for any expense so
incurred.
4. NOTICE OF LOSS -LIMITATION OF ACTION
In addition to the notices required under paragraph
31b) of these Conditions and Stipulations, a statement in
writing of any loss or damage for which it is claimed the
Company is liatile under this policy shall be furnished to
the Company within 90days aftersuch Idss or damage shall
have been determined and°no right of action shall accrue to'
an insured claimant until 30 days after such statement shall"
have been furnished. Failure tofurnishsuch statement of
loss or damage shall terminate any9iability of the Company
under this policy as to such loss or damage.
5. .OPTIONS TO PIXY OR OTHERVflIS~ S~"Tfi'L~~~ "Ty`
CLAIMS
The Company shall have the option to pay or otherwise
settle for or in the Hama of an insured claimant any claim
insured against or to terminate all liability and obligations
of the Companyhereunder by paying or tendering payment
of the amount of insurance-under this policy together with
any costs, attorneys' fees and expenses incurred up to the
time of such payment pr tender of payment, by the ihsured
claimant and~authorized'by the Company.
(continued and concluded on last page of this policy)
~' MC/mc
SCHEDULE A
Order No.:
13510
Date of Policy: May 28, 1986 At 12:00 PM
1. Name of Insured:
Policy No.: 0 9902 144439
Amount of Insurance: S 70 , 000.00
TIiOMAS 13ARROPi
2. The estate or interest in the land described herein and which is covered by this policy is:
FEE SIMPLE
3. The estate or interest referred to herein is at Date of Policy vested in:
THOMAS 1ir11tRON
4. The land referred to in this policy is described as fdllows
The Copper Belle Lode q.S.M,S. No. 1860, Highland Mining
District, bzincr in Section 1, Township ll, kange 85 and iri
Section 35, Township 10. Range 85 West of the Sixth Principal
Meridian, according to the J•'a.tent thereof recorded July 7.1, 1979
irr Book 372 at Page 437.
~CEPTING TISEREFROM any and all portions being within the Topliff
Lode U.SM,S. No. 2169, the Lincoln Lode U.5.M.S. No. 2170, the
Mountain Elk Lode U.S.M.S. No. 2171, and the Prince Alice liode
U. S.M.S. No. 6701.
County of Pitkn. State of Colorado
AUTHORIZED COUNTERSIGNATURE
20^F •012
Page 2
Stewart Title of Aspen, Inc.
602 E. Hyman Ave., Aspen, CO 81611
303-925-3577
S~rEwART ~raTi.l
GUARANTY COMPANY
ORDER NO.: 1351 SCHEDULE B
_~ _ ,_..
Policy No.:
This policy does not insure against loss or damage by reason of the following: 0 9902 144439
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 lines, shortage in area, encroachments, and any facts vvhich a
correct survey and inspection of the premises would disclose and which are not shown. by the
public records.
4. Any lien, or right to a lien, for'services, labor or material heretofore or hereafter furnished, imposed
by law and not shown by the public records.
5. Anv and all unpaid taxes and assessments and„any unredeemed
tax sales.
6. The effect of inclusions in any general or specific water
conservancy, fire protection, soil conservation or other
district or inclusion, in any water service or street
improvement area.
Reservations by the United States Government as,_set forth
substantially as follows: FIRST:, That the,. premises hereby grarited,
WTTfI THE I:;XCEPTION OF THE, SURFACE, may be entered by the proprietor
of any other vein, lode or ledge, the top or apex of which lies
outside of the boundary of said granted premises, should the same
in its dip be found to penetrate, intersect or extend into said_
premises for the purpose of extracting and removing the ore from
such other vein, lode. or ledge. 5ECtl'NI]: A right of way for ditches
or canals constructed by the authority of the United States. THIRD:
That in the absence of necessary legislation by Congress, the
Legislature of Colorado,_mav provide rules__for working the mining
claim or'premises hereby granted, involving easements, drainage
and other necessary means to its complete development as reserved
in Patent recorded, July 11, 1979 in Book_372,.at.Yage 437.
8. Lack of a right of access from the land to anp open public road,
street or highway.
NOTE: This exception is necessary because it does not appear
from the instruments of record in the office, of „the Clerk and
...,,.
Recorder of the, County in which subect property is situated
that any right of`access exists to an open public roadway.
9. All mineral estate and„mineral rights, only, including all minerals
...,
situated upon and under said;'properties, together with the rigr.t
to enter upon and use the surface thereof strictly for mining and
exploration purposes as set forth and conveyed"bp Deed recorded
March 27, 1985 in Book. 483 at Page 562 as Reception No. 267005.
10.~Easement and right of way as reserved by Ldwin J. Smart in the
Deed to Thomas Barron recorded May 28, 1986 in Book 511 at Paae
614 as Reception No. 278270.
See Continuation Page
S'I'I:`VA12'r 'i'IZ'LE
PBJB 3 6VARANTY COMFANY
161J
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ORllER NU. :13510 '~"
Attached to and made a part of Stewart Title GuaranCy Company Policy No. U 9902 144439
Continuation of Schedule $
11. All mireral reservations as reserved by Edwin J. Smart in the
Deed to Thomas riarron recorded MaV 'l8. 19136 in Jiyok till at Yage
614 as Reception No. Z'7 E2"l7U and all assgnsnerit;s thereof-.
Page _
203~A.T S~1`l`~i1I2~1''1'I l~T.~:
F00.9 1?.SS) '
..., ....... ..... ....~._ ,......m~,u ,....,,,,, CV 1A ~NTY COTS PA NY
• OITIONS"ANDSTIPULA7ION5Continuea -~
(continued and conclutled from reverse side of Policy Face)
6. DETERMINATION, AND PAYMENT OF LOSS,
(al The liability of the Company under this policy
shall in no case exceed the least of:
(i) the actual loss of the insured claimant; or
(ii) the amount of insurance stated in Schedule A.
Ibl The Company will pay, in addition to any loss
insured against by this policy, all costs imposed upon an
insured in litigation carried on by the Company For such
insured, and all costs, attorneys' fees and expenses in
litigation carried on by such insured with the written
authorization of the Company.
(c) When liability has been definitely fixed in accord•
ante with the conditions of this policy, the loss or damage
shall be payablewithin 30 days thereafter.
7. LIMITATION OF LIABILITY
No claim shall arise or be maintainable under this
policy (al if the Company, after having received notice of
an alleged defect, lieh or encumbrance insured against
hereunder, by ftigatiori or otherwise, removes such defedi;
lien or encumbrance or establishes the title, as insured;
within a reasonable time after receipt of such notice; (b)~ in
the event of litigation until there has been a final
determination by a court of competent jurisdiction, and
disposition of all appeals therefrom, adverse to the title, as
insured, as provided in paragraph 3 hereof; or (c) for
liability voluntarily assumed by an insured in settling any
claim or suit without prior written consent of the Com-
pang.
8. REDUCTION OF LIABILITY
All payments under this policy, except payments made
for costs, attorneys' fees and expenses, shall reduce the
amount of the insurance pro tanto. No payment shall be
made without producing this policy for endorsemeht of
such payment unless the policy be lost or destroyed, in
which case proof of such loss or destruction shall ~be
furnished to the'satisfaction of the Company.
9. LIABILITYNONCUMULATIVE
It is expressly understood that the amount of insurance
under this policy shall be reduced by any amount the
Company may pay under any policy insuring either fa) a.
mortgage shown or referred to in Schedule B-hereof which
is a lien on the estate or interest covered by this policy, or
(b) a mortgage hereafter executed by an ihsu8ed which is a
charge or lien on the estate or interest described or referred
to in Schedule A, and the ampunt so paitl shall bedeemed~a
payment under this policy. The Company shall have the
option to apply to the payment of any such mortgagesany
amount that otherwise would be payable IiNereunder to the
insured owner of the estate or interest covered by this
policy and the amount so paid shall be deemed apayment
under this policy to saidihsured owner.
10. APPORTIONMENT
If the land described in Schedule A consists of'two or
more parcels which are not used as a single site, and a losses
established affecting one qr more of saidparcelsbut not all,
the loss shall be cbmputedahd settled on a pro rata basis as
if the amdunt of insurance under this policy was divided
pro rata as to the value on Date of Policy of each separate
parcel to the whole, exclusive of any improvements made
subsequent to Date of Policy, unless a liability or value has
otherwise been agreed upon as to each such parcel by the
Company and the insured at the time of the issuance of this
policy and shown by an express statement herein or by an
endorsement attached hereto.
11. SUBROGATION UPON PAYMENT OR SETTLE-
MENT
Whenever the Company shall have settled a claim under
this policy, all right of subrogation shall vest in the
Company unaffected by any act of the insured claimant.
The Company shall be subrogated to and be entitled to all
rights and remedies which such insured claimant would
have had against any person orproperty in respect to such
claim had this policy not been issued, and if requested by
the Company, such insured claimant shall transfer to the
Company all rights and remedies 'against any person or
property necessary in order to perfect such right of
subrogation and shall permit the Company to use the name
of such insured claimant in any transaction or litigation
involving such rights or remedies. If the payment does not
cover the loss of such insured claimant, the Company shall
be subrogated to such rights and remedies in the proportion
which said paymentibears to the~amounf~of said loss: if loss
.should result from any act ofsuch insured claimant, such
act shall not void this policy, but the Company, in that
event, shall be required to pay only that part of any losses
insured against hereunderwhicfi ;hall exceed the amounL~if
any, lost to the Company by reason of the impairment of
the right of subrogation:
12. LIABILITY LIMITED TO THIS POLICY
This instrument together with all endorsements and
other instruments, if any, attached hereto by the~Compahy
is the entire policy and contract between the insured aril
the Company.
Any claim of loss qr damage; whether or not based on
negligence; and which"arises out of the status of the title to
the estate or interest covered hereby or any action asserting
such claim, shall be restricted to the provisions and
conditions and stipulations of this policy.
No amendment of or endorsement to this policy can be
made except by writing endorsed hereon or attached hereto
signed by either the Ifresident, a Vice'Presid~enf, the
'Secretary, an Assistant Secretary, or validating_ officer or
authorized signatory of the Company. ~ ~~ ~~-
13. NOTICES; WHERE SENT
All notices required to be given the Company and any
statement in writing required to be furnished the Company
shall be addressed to it at its main office, P. O. Box 2029,
.Houston, Texas 77252. '
14. The premium specified in Schedule A is the entire.
charge for acceptance of risk. It includes charges for
title search and examination if same is customary or
required to be shown in the state in which thepolicy is
issued.
Valid Only If Schedules A and B are Attached.
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MYLER, STULLER & SCHWARTZ
ATTORNEYS AT LAW
DAVID J. MYLER
SANDRA M. STULLER
ALAN E. SCHWARTZ
January 6, 1988
Aspen/Pitkin Planning Department
Attention: Francis Krizmanich
i30 South Galena
Aspen, CO 81611
Dear Francis:
t06 S. MILL STREET, SUITE 202
ASPEN, COLORADO 81611
(303) 920-1018
. __ .._ _
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~., .lA,N 6 '`.~. ~
~ ~'e`
Please accept this letter and the attachments as an applica-
tion for 1041 Minor Hazard Review. The property subject to
review consists of the Copper Belle Lode mining claim containing
approximately 10 acres located in the Little Annie Basin. The
owner of the Copper Belle, Mr. Thomas A. Barron, desires to
construct a cabin on the property for personal use.
Access to the Copper Belle will be over the existing public
roads and an existing private driveway as shown on the site
survey. Mr. Barron either owns the property over which the
driveway now passes or has easements for access.
Water will be provided by a well to be located either on the.
property or adjacent thereto. Sewer will be handled by a septic
system and leach field or such other alternative individual
disposal system as may be recommended and approved by the County.
No electrical, gas or telephone lines will be run to the site.
Electricity will be provided by a generator.
It is not Mr. Baryon's intent or desire to plow the access
road during the winter months. Access during the winter will be
by skis or snowmobile.
The following information is provided in support of the
application:
1. A title policy indicating ownership of the Copper
Belles and Thomas A. Barron.
2. A site plan with topography which includes the location
of a proposed building envelope and a proposed driveway config-
uration.
--- - - -
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c
MYLER, STULLER & SCHWARTZ
Aspen/Pitkin Planning Department
January 6, 1988
Page Two
3. Letter from Nicholas Lampiris indicating that there are
no geologic hazards.
4. Opinion regarding ownership of adjacent property.
If you have any questions, please do not hesitate to contact
me.
Very truly yours,
MYLER, S LL R & ~~~R~Z
~ G~ ~ "'_
By:
David J. ler
DJM:caw
Enclosures
MYLER, STULLER &SCHWARTZ
ATTORNEYS AT LAW
DAVID J. MYLER
SANDRA M. STULLER
ALAN E. SCHWARTZ
January 6, 1988
Aspen/Pitkin Planning Department
Attention: Francis Krizmanich
130 South Galena
Aspen, CO 81611
Dear Francis:
106 S. MILL STREET, SUITE 202
ASPEN, COLORADO 81611
(303) 920-1018
In connection with the application of Thomas A. Barron for
1041 Minor Hazard Review, I have conducted an evaluation of the
ownership of the Copper Belle Lode and all property adjacent
thereto. Adjacent property consists of National Forest and the
following mining claims: Calumet, Lincoln, Mountain Elk, Top
Liff, Prince Alice, and Baltimore.
Based upon the chain of title for each private parcel as
disclosed by the public records, title to the Copper Belle has
been held separately from each adjacent parcel continuously since
January 1, 1978, and, in my opinion, no merger, as that term is
defined in the Pitkin County Land Use Code, has occurred.
Very truly yours,
MYLER, L ER & SC ARTZ
By ~ _
David J. er
DJM:caw
..: ~.. ...[M v.4 n n... n;-.hlr.u oe~ ae •wn,. *e. .' .rYe~
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~S
Nicholas'Lampiris, Ph.D.
CONSULTING GEOLOGIST
0554HIGHWAY 82
CARBONDALE, COLORADO 81623
(303) 9633600
iil.xly .-~tq 7.~~~7
IJavE~? I°lyl.er
(1<.as)i ran , t: 0 . `3 :L E> i. ].
f~F'a LE:?pl:~er' E:;E-~11~ F'7;uil.cling ~i'tEa
I have corr~plE=tE=d my ir7ves't.iga~tion o•F the pr-efel^red hui.:l.di.ng
<;ii:r-_+ at. i-.l'r6? sr~ut.l-rern end of fi.he Copl>>er Ftel.l.e m.1.ni.ng r_lai.m.
The c,i.tEr liE~s <tt the P i.l•'emc soL}there m<~rgin of the ~l~r,pen
._...w
7 :1./;' minute: gf.radr<angle, ra~?pr-o;:irnatf=ly 1./4 rni7.a ol-rthu~st. o,f
{.hc Li. 't{_].er tlnni.e nri,rre as shnwn on thFr ~cr..nm~anying maFr, i.n
P'i{_k::i.n t:nr..rni:y, (::n7.f~r~ido. ,
l"I,r topcn)ra~hy o{ t:.hp ~i,tEa ronsi.~ts of a ;nr.xth f u-inc,7
hi 7.1<~i.r.1r? a't. {:I-,n r?nd of ,~ rrx.rgh7.y nor-i:h7sof.rt(i trending r':idgE=.
TI-,e i.mmr--?cli ~r(~? c',i t c= r..:cm'S3 st: gF ~F bnncl, whir_h was ci.,t into <-a
_ ,. _.
fai.r7.y <;terC? I', i. 7.7<.;iflc? df~c<artc~~; .sago in ~n eff~r-t dtlri.nq thr:!
mining ra~ay=..~ to ].c:)r.::atE= bE2cfrtacV:: (vet-l?a7. canimcrn.r_'~ztic,h, Pi.r::
Goo~ler-) . It: i!s my i-rnder-s'tandiny that. thi. ~ i.s the n~;t'.c:!nt. of
t:he rnir7i.ng ar...tivity i.n and around, including clil^ccr.t.7.y r..Inraer-q
t:hi.~, ~;i't.E?. rt,E= i~l^igi.nal. hi.7.lsi.iaf-; <3I:)OVP iinfi I:7P1QW 'I:hC?. ~i].t.fi? i.s>
covert.-!d wi.'EPr n+:~zti.vr~ nr<:zr>=sr=s ahri sc.it.t::err~:aia zsK?~!n 'rrf:-!~;!_:,.. ;r.
uruierstc.,nd {cha{. t'.he hnnFe w~.7.:1. hF I:x.fi:1.{: nn th,i c :i_,ti.ng
bench, b,_tt with mr~di.iie~~'tirl,ns to thr--~ t~nrh ,~hrl the?
f.anc7a.=;t:urbr-~d i-ri.7.1Si.CiE? Orl Fa i.1=1'lE?r` Si.dt=_ of tai E? c:i.rt.
Ttle gPC~l.ngy of the area ronsi.st:.<_s of vertc<:,1,. tc:) sli.ght7.y
ovcartur-ned t?n'th:i.c:. Porm~fton of F'c:nnsy7.van9.an age?. 7-h i.~; v-ocE:
i.<.:6 ty)aica7.ly a r._alceareocas st:lnd~tone, milt:.=stone and shale.
A1thr?Lrc:#h oi.rt:.cr'op~ +~{: 'thr~ imrnediaiF =_ci,t;E range not vi.=i. lal.~,
r-or_k: fradmenta n-f {.he Lrrrdel^l.yi.ng formati.r-a1 are i.n ahf.rndlnr.e=.
Thi.= i.mmE:di.a'he <ar-ea ha., no 4:ir,own fault;. The sur-~:i:r_i.al.
dei~osit=- a{: thr~ ~>i.tE•: crar~~~i.st of grzcvify dera.vFrl r...nl.tr,,•;ri.r..un.
-f ti r_+ n~.zturEa crf the? r.:al,luvir..im ~ugges't:s that. the t3f_r..lr-oc6:: i:s
pr'cabab7.y witt,i.r', 1~? to 1.`.i feet of the surfarce.
'fhe br:-~nch whi.cl-. h<_i<_, bf:aE=n r.:ut. intrJ {'chi<, hi_l.l_sidr prr?<~ents a
steib7.e site fr.:?r' de!l~e:LOprnr-.rrt a.1 7.nng as E>xtE,n=si.ve
' avni.ded. the?rc! :i. ~ nee
cnns'trt-u-ii.on far7t+;.? tl-,~ natar-al. s7.(:zla+= i.s
si.c7n c:?f sl.ni3e i.nstabi.7.i.ty ei.t.hE=r' abo..~ or bel.c?w thi.=; =, .tr•1.
l-I-,e nat,..rri=+ of t_Fu= I;if:?ncl-,, hnwevnr, i=s si.rch i:hat pr-nFa~r-
cir~-zinacaf:? has nrat F~::i.=~te?rl oyc!r the years, In my npi.ni.on, this
t;lr.+.c. '1.~- I-irnopy t;o the rr.=1. ~ti.vcr sl-+ahi li.{-.y c:rf t:hi.s 5i {,n, .r.nc:.e:!
;a._
•/ ., ~ ~ , ~ ,,,,. - ,~ n
Iaoppc=r 13c=_ll.r frt.xi.l.taint'1 !"'si.t:.ea
rage rwo
ncr 9.n=t:xhrl.#:y~ in in rwi.dr~nco drrct,l.y helow the? arc~r where
laonr-li.ng mazy 1-rm~r? o~-.c.rarr-ed over the ye<3r!5. Once r..on,iruct.:.i.on
of <-: homF~ i.s r.prnp7.etF?d at. this <.i't-.E, the o1Cl`'cr-rt should be
r oc3r°<~dt=cl !;c! <•~rr to divr~rt z+] 1 wt-~t_cr!~ away (earn t.hn t7omc+r.~i.t.~? an
a prssi.t:.ivc! fa~;hirarr. 1-f?i.s shcsui.d increase the ~tzatai._l.i.t.y nF an
ale-rxady s;ta?lalc~ site. rile P:<ist,ng i.rpn~.ll cu`'F sl'renx7.c1 he
retained, either k?y a seJiar:<ite wall. or the rear wa7.1 of the
home. As t •i. t.tle of the hymn sh~ttl d, b~. h:u l t nn ttir~ ln:te~r
natr.xral sl.c:rpe as pbssihl.e, hr_rt the soi`l~ engneE•ri:nq r~p'rr-F.
which va:i.17 ba= nerr.es.:ar-y for grope?r fr;ar.rndat9.nh design, shoe-r1.4i
al5(7 aCa l:i l'e?F;!5 tali:s 15sLle.
Thni"'e lE ri0 eJl df?ncE' CIS snoar 57.1 d1 ng or roe. L: ~{a7.1 pr71'E?n't'I, cil
from al:rove 'I-.he hnrnesrte, hr-rt i.t woul_d_he prudF_~rrk:. 'to c_oh~•i-r-~u:t.
tFte= rear fountiafi.on wal.7. so th<~t it. pr'otrr.rd~<..: at least dot_rr-
ieet. above_~ fini=lnF_cj grtadc? and r._nnt:ain nn :yi.ndovd-~, w:i.thin trhi~
fnt-r r' fer.:~t.„ ldytF!r for domestic r_tse shciu7.d t?ea wni.J.ah,tr~
thr"ot.xgh thcr dr:i.l].i.ng o3 a wE=11 wt'rich may r7end to he as d~-~!=1:a
a=, ..^~it:r lu :~!;i~ feret.'. i.ri this area, l+Jaske di.sF?osalr.r._rul.ri he a
protalerri at. this _;i.tc ha~c~xt-rse of the steepness of `the
adjoini.ny 'L-ezrrain, h!.N::. t.hr: bedroc.t:: wi.17. he at eat.lffir.i.en+.
rir-apt:.h wind ia-re cc117.r..tvi.~1. matE~ri.al r>hnr.}7d hzvn„ ~n" Zt.l~nrrat:.ra
per-c'nlat9.ctn rite. The= I"'i.tt'i.n G'ciunty £innitatinn r:.rr(1ineer
shcn.xld be consulted (pr Fls_specifir.. rrcommE=ndat.i.cros a~3 t..o
whrar-o to 7.ocate a st xndar-d ~,yrtE=m wi.tih <a canvr'ht.i.orta7. dra:i.n
,.~ S c.. t.- t. ~t l i ss
fia~ld, .:assn-r{Wane:! t:.hi.=. i.<.; r:n:assi.tale?. "'r ~-• ~ is i.n tvas;tr.ca
di.spcrs<::rl, engi.neeri.nq m<::ry need to tie consulted reyarciing this
si.te.. -
Access to the. site, comra tp. within ~r9 to ~o yards from an
ei;ist.inq .ieep r-cizxd i.i:? the northwoc;i_. The r~mai.nrier- rrF t.hh
ar_ress road will need tp Ere cut i.nt.c? the writ facing hillside
and will. need to t?r.a r-:anginec?red la~car_i~cz of the stnnpness of
the? terrain. Sn general., the must important aspects of this
<..;ii_e ar-e the si.tee <,pt>t-ifti.r_ sc?il.s czngineer-i.ng, rn=.,Gx1t.i.ne~
dr<1i.nage aror_rncl tyre Ftorne=.>ite, and .waste di=.,pasal. r.f i:here
ar-r~ fur-tl-re?r- quesi:i.nn~>, please do not he=.;itate tor..ontar_t mo.
5i.nre>re7.y,
e?r'u:1. IVi.chpl.as L..arnpi.ri,s
NL.../cl.t I::onsr_r7.t.i.rlcr Grxolcnr;7ist_
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pitkin coun
April 19, 1988
David J. Myler, Esq.
Myler, Stuller & Schwartz
106 Mill Street
Aspen, Colorado 81611
RE: Little Annie Road
Dear Dave:
` :. APR i 9 r~$8
,1
r
g u. ~
- ,
Following up on our recent meeting regarding the Little Annie
Road and access to your client's mining claims, attached please
find a memorandum from Bud Eylar to me regarding this road.
Since the County has not accepted or maintained the Little Annie
Road as a County road, if it is a public road it must be such by
prescription. Since current public use of the road is widespread
at this time, I do not believe that it is necessary for the
County to require a judicial determination to verify your
client's right of access to his mining claims. However, since
the road does cross private property, and since there has been no
dedication or judicial determination, it is my view that with
respect to any impending 1041 application you should notify the
owners of private property traversed by the road, of the pendency
of the application and the claim of right-of-access. I am not-
recommending to the Planning Office that you be required to
acquire easements or rights-of-way from such property owners:
Please contact me if you have additional questions regarding this
matter.
Very truly yours,
V ac~,~
Thomas Fenton Smith
Pitkin County Attorney
TFS/hfs
cc: Glenn Horn
Tom Newland
Bud Eylar
ts4.115
County Commissioners County Attorney
Suite B Personnel and Finance Road and Bridge
Suite I
506 E. Main Street 530 E: Mairi~Stieet Suite F
530 E. Main Street Fleet Management
Aspen, CO 81611 Aspen, CO 81611
Aspen
CO 81611 20210 W. Highway 82
(303) 925-5232 (303) 920-1223 ,
(303) 925-3166 Aspen, CO 81611
(303) 925-7212
° r :., ,
M E M O R A N D U M"
TO: Tom Smith ~~
FROM: Bud Eylar.,~
SUBJECT: Ownership & Maintenance of the Little Annie Road
DATE: April 18, 1988
This is in response to your request the other day concerning
information on the ownership and maintenance of the Little Annie
Road up the back side of Aspen Mountain. The present status of
this road is that the County does not carry it on their list of
accepted roads which is submitted to the Highway Commission.
A few years ago (see attachment) the people in Lime Village
Subdivision requested that the County take over their roads for
maintenance. To make a long story short, because they couldn't
prove or provide public access to either end of their
subdivision. and the roads, the County was not able to accept
them. Consequently, none of the Annie Road from its intersection
on Castle Creek a `
pproximately seven miles from Highway 82 up the
back side of Aspen Mountain to the Richmond Hill Road, is either
accepted or maintained by Pitkin County.
Further, I have confirmed with Jack Gredig that the Annie Road is
not maintained at any time by Pitkin County; neither summer nor'
winter maintenance. Any grading, plowing or other maintenance of
this particular road is undertaken by homeowners or property
owners along the roadway.
I hope this answers your question concerning this matter. If you
need any more information, please feel free to contact me.
cc: Tom Newland
Jack Gredig
attachment
semdg/wp/be/4.06
-----
~.,..: ~ ~
~,. :_ .
,~
ASPEN SKIING COMPANY '°
,: ~~ ~, _ .~. i" ._..
~~~;~~-
Post Office Box 1248 -
117 Aspen Airport Business Center =, r,r. ~u,C , ,..
Aspen. Colorado 81612 ,`~3'~ ~ ~
(303)925-7220
27 April 1988.
Mr. David J. Myler
Myler, Stuller & Schwartz
Attorneys at Law
106 South Mill Street
Suite 202
Aspen, CO 81611
Dear David:
Thank you for your letter of 18 April 1988, advising .Aspen Skiing
Company of Mr. Thomas A. Baryon's 1041 approval and possible future
access on the Little Annie Road which passes through our property.
Please be advised that this road access is acknowledged and in
agreement with our Company.
Sincerely,
Geri Wright
Planning Department
:s
cc: Aspen/Pitkin County Planning Office
ASPEN MOUNTAIN •BflECKENRIOOE•EUTfERMILK MOUNTAIN •SNOWMASS
LAND
City
00113
00125
00123
00115
~~~ .~ :. .
,.
- . <;
ASP~KI/pITICI~j~P(-ANN GOFFI E I *~~.~. ;
130 SoStt7 G'aleria Street "
Aspen,' Colorado 61671 ~ /~I -~~~~L~L~UIT '^
,(303) 925-2020 /-}? ~i
SPPLICATIbN'FEES 1.~-9~7' S~ $
- fi3727 - 47331
- 63722 - 47332
- 63723 _ - 47333
63724 47347`
-63725 ~~ -.47342
- 63726 - 47343.
- 63727 - 47350
- 63728 - 47360
REFERRAL FEES:
- 63730 - - 47380
- 63730 - 47380
-.63730 - 47380
GMP/CONCEPTUAL
GMP/PREIIM`INA"RV ~"'""""»~
GMP/RINAL ``
SUB/CON`CEPTUAL
SUB/PRELIMINARY "'"
SUB/FINAL"~ ~ `
ALL 2-STEP`KRpLrCATYONS`"" .,_ "`
ALL 1-STEP A'RpLPCA710NS/ ~~
CONSENT AGENDA ITEMS~~
'ENVIRONMENTAL HEALTH
HOUSING ~~ -"
ENGINEERING
County SOB-TOTAL "' `'-
00113 -6371T -47431.: GMP/GENERAL
-63712' -47432 GMP/DETAILED ~ ~~~~ ~~~ ~ ~~ "
-63713 -47433 GMP/FINAL -~- '~~' '""""`
- 63714 - 47441 SUB/GENERAL ~ ~~~" ~ "'--- .,,.;~
-63715 -47442- SUB/DETAYLED ~. ... w ~~..:~ - ,....v , ~.
-63716 -47443 SUB/FINAL ''`
-63717 - 47450
ALL 2-STEP APPLICATIONS „", °'";,,. Y -N",5a~.
~
-63718 -47480 ALL1 STEP APPLICATfON~~%~ ~ ~~~~
' .~'~~~~
~
REFERRAC FEES: CONSENT AGENDA ITEMS ~ 0
~-+-_-~==R
00125 -63730 - 4748p ENVIRONMENTAL HEALTH '
00723 - 63730 - 47480 HOUSING" ~ ~°
.,.,n ',
00113 -63731 -47480 ENVIRONMENTAl_COORD'' ~~~ -» "
00713 -63732 -47480 ENGINEERING,'.`..""•, ..,.... .. ,_, ,,.,.,,7
- ° ~~ ~ ~ suB-7oTAL
PLANNING OfFrCE""SALE '
0011'3 ' "' 63061 S
09000 COUNTY CODE ~-'
- 63062 09000 COMP. PLAN " ~ ~%'~~ ~' `~
-63066 - 09000 COPY FEES '~- ~ -' ~ "~ ~ . ,
-63069 -090
0 OT'HER .._. ..._ ,.,,
0 SUB-TOTAL ..
'
Name ~~~~'°/
/~7 ~
TO7Al
Ph '-~-
/wi /OQ~~~~~~
~__
Adtlress. _ one.
-~ Project
Check q ~_[~~ z u/r-L
Adtlitional Billie ''Dat"e ~/,~
~~ "-`' <` H of Hours: _
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