HomeMy WebLinkAboutbocc.res.108.2008RESOLUTION OF THE BOARD OF COUNTY CONIMISSIONERS OF PITKIN COUNTY,
COLORADO DESIGNATING THE LITTLE ANNIE MINE SITE ON'PHE GREENWAY
PARCEL TO THE PITKIN COUNTY HISTORIC REGISTER AND GRANTING INCENTIVES
FOR THE DESIGNATION; AND GRANTING ACTIVTTY ENVELOPE, SPECIAL REVIEW
AND GMQS EXEMPTION APPROVAL
Resolution No./~-2008
RECITALS
Stephen Hawk Greenway ("Applicant"} has applied to the Boazd of County Commissioners oFPitkin
County, Colorado ("BOCC") to designate the Little Annie Mine Site to the Historic Register, and as
incentives for the designation of the site and restoration and preservation of the cabin, to obtain one TDR,
a density bonus to construct one additional residence (1,000 squaze feet), and exempt subgade space to
build a basement under the historic cabin. In addition, the Applicant is requesting the following
approvals:
A. Special Review for activities in the RuraURemote wne district, including extension of an
underground telephone line, extension of a driveway to the new cabin envelope, and variance of the
maximum size of the activity envelope; to install an underground micro-hydroelectric system; and to
construct one additional residence (1,000 square feet)
B. GMQS Exemption for Preservation of Historic Structures to construct one additional residence
(1,000 square feet)
C. Activity Envelope Review
2. The property is Iocated on Little Annie Road, approximately 2.2 miles from the Little Annie Road/Castle
Creek Road intersection, and is more specifically described in Exhibit A.
3. The parcel contains approximately 40 acres and is conforming in size in the Rwal/Remote zone district.
4, The BOCC considered this appGcation at a duly noticed public hearing on September ] 0, 2008, at which
time evidence and testimony was presented with respect to the application.
5. The BOCC finds the site and cabin meet the criteria in the Land Use Code ("Code") for designation
to the Historic Register.
6. The BOCC further finds that as an incentive for the historic designation, it is appropriate to grant an
exemption for 600 square feet of subgrade space for the historic cabin.
7. The BOCC further finds that the issuance of one TDR as an additional incentive for the historic
designation is appropriate, since the Little Annie mine site is considered by the County's Historic
Preservation Officer to be one of the most significant mine sites in the Castle Creek Valley and the
historic landscape is intact though fewer buildings currently exist, and the Applicant has committed to
restore the cabin and to preserve the ruins to the extent possible.
8. The BOCC further finds that the extension of a telephone line does not comply with the criteria in
Sec. 4-30-30(~(1) of the Code related to extensions of utilities in the RuraURemote zone district.
9. The BOCC further finds that request for one additional residence on a parcel containing an historic
structure complies with the special review criteria and is eligible for a GMQS exemption.
RECEPTION#: 553587, 10H 512008 at
03:12:53 PM,
1 OF 8, R$0.00 Doc Code RECONVEY
Janice K. Vos Caudi~l, Pitkin County, CO
Resolution No. ~~0-2008
Page 2
10. The BOCC fuRher finds that the driveway extension and the variance of the maximum size of the
activity envelope to exceed 0.5 acre comply with the special review criteria in the Code.
1 1. The BOCC further finds that the activity envelopes are located on slopes of Iess than 30% and avoid
any critical wildlife habitat areas, and that the wildfire hazard is rated as low and can be mitigated.
12. The BOCC further finds that the Applicant has not provided adequate information at this time to
evaluate the request for a micro hydroelectric facility.
NOW, THEREFORE, BE IT RESOLVED by the BOCC that it does hereby designate the
Little Annie Mine Site, including the ruins of the original mill and bunkhouse, mine dump and log cabin,
to the Pitkin County Historic Register.
BE IT FURTHER 12ESOLVED by the BOCC that it does hereby approve the request for one
TDR as an incentive for the designation of the site to the Historic Register.
BE IT FURTHER RESOLVED by the BOCC that it does hereby approve the Greenway
Special Review, GMQS Exemption and Activity Envelope Review, subject to the following conditions,
which shall run with the land and be binding on all successors in interest:
1. The Applicant shall adhere to all material representations made in the appfication or in public meetings or
hearings and shall consider those representations to be conditions of approval, unless amended by other
conditions.
2. Prior to submission of development permits for a new residence or for restoration work on the historic
cabin, the Applicant shall record a covenant in a form acceptable to the County Attorney in which the
Applicant agrees to restore and maintain the cabin as represented in the application and to stabilize
and preserve the ruins of the bunkhouse and miil site in accordance with the Counry's desi$n
guidelines for historically designated properties, once adopted by the BOCC. The Applicant shall
also agree to install interpretive signage on the property, if determined to be appropriate.
3. Concurrent with recordation of the historic covenant, the County shall issue one TDR Certificate to
the Applicant.
4. Prior to submission of the Sita Plan Review application, the Applicant shall be required to submit for
approval by the County Attorney and Community Development an ActiviTy Envelope Plan in
accordance with Land Use Code Section 2-30-20(g) and Application Manual Section 2.1.1. The above
referenced approvals shall be a condition pracedent to finalization and recordation.
5. Prior to submission of any building or other development permit applications, the Applicant shall be
required to submit for approval an application for Site Plan Review, pursuant to Secs. 2-30-ZO and 7-
] 0-50 of the Code. The Site Plan Review application shall address the following, in addition to the other
requirements specified above:
A. Damonstrate compliance with the rural character guidelines for building location in Sec. 7-20-
120.e of the Code.
B. Demonstrate that the site can accommodate an on-site wastewater treatment system (OWTS) that
complies with the then current OWTS regulations.
C. Demonstrate that a driveway can be constructed in compliance with the Couory's driveway
standards.
ResolutionNo. ~2008
Page 3
D. Demonstrate compliance with the County's historic guidelines (new cabin and restoration of
historic cabin).
E. Demonstrate compliance with the required 100' setback from the stream to the west.
F. Provide a plan to address the requirements of the Aspen Fire Protection District.
G. Submit a plan for interpretive signage for the historic resources.
H. Submit a specific plan for the micro hydroelectric system for review pursuant to the special
review criteria and the use specific standards for micro hydroelectric systems.
6. Prior to issuance of a development pertnit for a new residence on the pazcel, the Applicant shall provide a
bond, letter of credit or other financial assurance deemed acceptable by the County Attorney to guazantee
that the restoration work on the cabin shall be completed. Furthertnore, no CeRificate of Occupancy will
be issued for the residence on the parcel until a development permit has been issued for and the
restoration work on the historic cabin has been completed to the satisfaction of the Pitkin County Historic
Preservation Officer and the Chief Building Official.
7. The parcel is recognized to have one development right up to 1,000 square feet for a new residence, plus
additional square footage as allowed in the RR zone district pursuant to the Code. The square footage of
the historic cabin dces not count towazds the 1,000 square feet. In addition, the Applicant may construct
a basement of up to 600 square feet below the historic cabin, which shall not count towards the 1,000
square feet.
8. Prior to issuance of a building pertnit for the residence, the Applicant shall:
A. Provide proof of an adequate water supply (in terms of quantity and availability) for domestic and
fire protection purposes, and for imgation purposes, if applicable, to the Environmental Heahh and
Natural Resources Department. The water supply shall be demonstrated to be adequate for two
dwelling units.
B. Obtain an access permit to extend the driveway to the new cabin, which shall be approved by the
Planning Engineer.
C. Obtain a fireplace/woodstove permit from the Community Development Department, if necessary.
D. Submit a site specific drainage and erosion wntrol plan prepared by a qualified engineer or geologist
for review and approval by the Planning Engineer. If the project disturbs more than one acre, a State
Stormwater Permit shall be obtained prior to permit issuance.
E. Pay the applicable road and employee housing impact fees.
F. Obtain an on-site wastewater disposal system permit from the Environmental Health and Natural
Resources Department.
G. Submit a construction management plan for review and approval by the Planning Engineec The
plan shall address the potential exposure of contaminated materials associated with the mine dump.
H. Submit a detailed revegetation plan for disturbed areas with appropriate seed mixes.
I. Submit a tree mitigation plan if any trees with larger than 6" DBH are to be removed.
9. No structural development in excess of 30" above or below natural grade shall occur within the
setbacks of the lot, with the exception of driveways and associated retaining walls of up to 6' above
or below natural grade and fencing. Landscaping in the form of berms shall not exceed four feet from
the most restrictive grade. Any development located within setbacks mandated by County zoning
regulations that does not comply with these restrictions shall require a variance from the Board of
Adjustment. Approval of an activity envelope within such setbacks does not assure approval of a
variance.
10. The Applicant shall comply with the following standards for Development in a Low Wildfire Hazard
Area:
Resolution No. ~-2008
Page 4
A. Defensible Space: The azea around all buildings/structures, limited by property boundaries that
may limit a property owner's ability to comply with this section, shall incorporate landscaping
with wildfire defensible space considerations as follows (note: actual vegetation manipulation to
meet these conditions may not be necessary where the natural vegetation patterns have already
fulfilled these conditions):
1) Brush, debris and non-ornamental vegetation shall be removed within a minimum ten-foot
(10') perimeter around all structures.
2) Vegetation shall be reduced to break up the vertical and horizontal continuity of the fuels at a
minimum of a thirty (30) foot perimeter around a structure built on flat ground; this shall not
apply to mature conifer and aspen trees. (For greater slopes, reference the CSFS Safety Zone
chaR in Wildfire Guidelines For Rural Homeowners, which provides general guidelines that
may be modified by a wildfire expert acceptable to the County).
3) Spacing between clumps of brush and vegetation up to the thirty (30) foot perimeter shall be
a minimum of two (2) times the height of the fuel. Ma~cimum diameter of the clumps shall be
equal to the height of the fuel. All measurements shall be from the edges of the crowns of the
fuel.
4) AII branches from trees and brush within the thirty (30) foot perimeter shall be pruned to a
height of ten (10) feet above the ground with removal of ladder fuels from around trees and
brush.
5) Tree crown separation within the thirty (30) foot perimeters shall have a minimum of ten (10)
feet between the edges of the crowns, except for mature stands of aspen and conifer trees
where ladder fuels have been removed. In areas of aspen regeneration, understory shrubs and
down and dead materials shall be removed.
6) All branches that extend over the roof eaves shall be trimmed and all branches within fifteen
(15) feet of chimneys shall be removed.
7) The density of fuels up to a one hundred (100) foot perimeter of the structures shall be
reduced where natural reduction has not already occurred; this shall not apply to live fuels.
8) AII down deadfall up to a one hundred (100) foot perimeter shall be removed.
9) No new conifer trees shall be planted within ten (10) feet of a residence.
10) No flammable mulches shall be placed within two (2) feet of a residence.
11) The property owner shall be responsible for the continued maintenance of the defensible
space vegetation requirements.
B. Roofing Materials: Class A covering or Class A assembly as defined by the currently adopted
Building Code. No wood shakes or shingles. All other adopted Building Code compliant
methods and materials permitted. Roofs with less than a 3:12 pitch are not permitted unless they
comply with the following:
1) All roof coverings shall be constructed of non-combustible materials and installed on a Class
A roof assembly.
2) All roof coverings shall have a surface that shall facilitate the natural process of clearing roof
debris.
3) Protrusions above the roofline, such as parapets, shall be prohibited.
4) Roofs shall be installed as required by the adopted Building Code and shall have a minimum
pitch of 1:48.
5) All roof designs, coverings, or equivalent assemblies shall be specifically approved by the
Fire Marshal prior to submittal of a building permit application.
Resolution No. ~-2008
Page 5
C. Maintenance and Miscelianeous Requirements
1) Roofs and gutters shall be kept clear of debris.
2) Roof vents shall be screened with corrosive resistant wire mesh, with mesh one-fourth ('/o)
inch maximum.
3) Any outbuilding shall adhere to the same wildfire requirements.
4) Yards shall be kept clear of all litter, slash and flammable debris.
5) All flammable materials shall be stored on a parallel contour a minimum of fifteen (15) feet
away from any structure.
6) Weeds and grasses within the ten (] 0) foot perimeter shall be maintained to a height not more
than six (6) inches.
7) Firewood/wood piles shall be stacked on a pazallel contour a minimum of fifteen (15) feet
away from the structure.
8) Swimming pools and ponds shall be accessible by the local fire district.
9) Fences shall be kept clear of brush and debris.
10) Wood fences shall not connect to other structures.
11) Fuel tanks shall be installed underground with an approved container.
12) Propane tanks shall be buried, if possible, or installed according to NFPA 58 standards and on
a contour away from the structure with standard defensible space vegetation mitigation
around any aboveground tank. Any wood enclosure azound the tank shall be constructed with
materials approved for two (2) hour fire-resistive construction on the exterior side of the
walls.
13) Each structure shall have a minimum of one ten (10) pound ABC fire extinguisher.
14) Addresses shall be cleazly marked with two (2) inch non-combustible letters and shall be
visible at the primary point of access from the public or common access road and installed on
a non-combustible post.
15) Utilities shall be extended underground.
11. The Applicant shall comply with the applicable codes and requirements of the Aspen Fire Protection
District, including but not limited to access, turning around of fire apparatus, installation of an approved
fire sprinkler system and provision of water supply for fire fighting.
12. The Applicant shall comply with the following measures to mitigate impacts to wildlife:
A. Native vegetation shall be maintained outside of the activity emelopes.
B. Trash/garbage shall be kept in an approved bear resistant container or enclosure during and afrer
construction, pursuant to the County's Wildlife Protection Ordinance.
C. Fencing shall comply with the following, except for fencing immediately adjacent to the
buildings to contain pets or livestock:
1) Wood fencing shall employ three rails or Iess, be the round or split rail type, shall not exceed
48 inches in height above ground level and l2 inches in width (top view), and shall have at
least 18 inches between two of the rails.
2) Wire fencing shall consist of no more than 3 strands of smooth wire and shall not exceed 42
inches in height.
3) All non-conforming fencing on the property must be brought into compliance.
D. Avoid fruit-bearing trees and shrubs in any landscaping.
E. Construction workers shall be prohibited from bringing dogs on-site during construction.
Resolution No. ~~~-2008
Page 6
F. Bird feeders, including hummingbird feeders, shall be hung away from any deck or window, and
be at least ten (]0) feet from the ground suspended between rivo (2) trees or posts. All seed
feeders shall include a seed catchment pan to catch discarded seed.
G. Horse grains, pellets, and cookies shall be stored in bear resistant containers.
H. Pet food shall not be left outside.
13. No development including grading, excavation, fill placement, berming, landscaping, vegetation
removal or disturbance, well or septic system shall occur outside of the approved activity envelope,
except as necessary to comply with the wildfire mitigation measures described above.
14. Prior to commencement of any earthmoving or other construction activity, the Applicant shall stake
the corners of the activity envelope and install construction fencing around the construction site
within the perimeter of the activity envelope. The fencing shall remain in place until issuance of a
Certificate of Occupancy.
15. All areas disturbed by construction shall be re-vegetated with native shrubs and grasses within one
growing season of the projecYs completion.
16. No calculations for height, bulk, setback, size, floor area, or any other building and zoning requirements
have been conducted. These requirements will be considered at the time of building permit.
17. 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.
18. Statutory vested rights for the approval contained herein are granted pursuant to the Pitkin County
Land'Use Code and Colorado Statutes, subject to the exceptions set forth in Pitkin County Land Use
C de § 2-20-170 and C.R.S. § 24-68-]O5. The statutory vested rights granted herein shall expire on
~~ , 2011.
NOTICE OF PUBLIC HEARING PUBLISHED IN TI~ ASPEN TIMES WEEKLY on the 10~' day of
August, 2008.
APPROVED AND ADOPTED on the 10`" day of September, 2008.
PUBLISHED AFTER ADOPTI~~~ESTED REAL PROPERTY RIGHTS in the Asaen
Times Weeklv on the ~ day of Q , 2008.
SIGNATURES ON FOLLOWING PAGE
Resolution No.l~ 2008
Page 7
BOARD OF COUNTY COMMISSIONERS,
PITKIN COUNTY, COLORADO
By
ck a~eld, Chair an
APPROVED AS TO CONTENT:
;,~, u~a< < ~t~ cE(
Ci' y~uben
Community Development Director
APPROVED AS TO FORM:
~ - =~
John Ely
County Attomey
~ / ~
P086-08
PID #291101100052
~x~1~~~ ~ ~r
COMMITMENT FOR TTTLE INSURANCE
SCHEDULE A
1. Effective Date: August 8, 2007 at 12:00 AM Case No. PCT21608L
2. Policy or Policies to be issued:
(a) ALTA Owner's Policy-Form 1992 Amount$ 875,000.00
Premium$ 1,965.00
Proposedlnsured: Rate: Standard
STEPHEN HAWK GREENWAY
(b) ALTA Loan Policy-Form 1992 Amount$ 0.00
Premium$ 0.00
Proposed Insured: Rate:
(c) ALTA Loan Policy-Form 1992 Amount$
Premium$
Proposedinsured: Rate:
3. Title to the FEE SIMPLE estate or interest in the land described or referred to in this Commitment is at the
effective date hereof vested in:
CASTLE CREEK INVESTORS, INC., A COLORADO CORPORATION
4. The land referred to in this Commitment is situated in the County of PITKIN State of COLORADO and is
described as follows:
THE ALICE LODE, U.S.M.S. NO. 6453, THE HOUSTON LODE, U.S.M.S. NO. 6732; THE CALAVARAS
#2 LODE, U.S.M.S. NO. 19091; THE PRIDE OF THE WEST LODE, U.S.M.S. NO. 5904, EXCEPT FOR
THAT PORTION CONVEYED TO DANIEL BUNTA AND MARY MANNING BY WARRANTY DEED
RECORDED AS RECEPTION NO. 524653; THE DENVER LODE, U.S.M.S. NO. 5762, THE LENA M.
LODE, U.S.M.S. NO. 6453, THE LITTLE ANNIE LODE, U.S.M.S. NO. 2228, THE EUREKA LODE,
U.S.M.S. NO. 2227, LYING WEST OF THE LITTLE ANNIE ROAD, THE LOYAL LEAGUE LODE,
U.S.M.S. NO. 6125, LYING NORTH OF THE LITTLE ANNIE ROAD AND THE J.M.E. LODE, U.S.M.S.
NO. 6362.
PTTHIN COUNTY TITLE, INC.
601 E. HOPKINS, ASPEN, CO. 81611
970.925-1766 Phone/970.925-6527 Fa~c
877-2173158 Toll Free
Schedule A-PG.1
This Commitment is invalid
unless the Insuring
Provisions and Schedules
A and B are attached.
AUTHORIZED AGENT
Countersigned:
OOOQ28
AP~~QVED BY RECEPTION#: 554948, 12l11/2008 at
10:38:11 AM,
~` ~- ~~~UTION ~ OF 2s, R$146.00 Doc Code
yy /O!'- D ~ COVENANTS
ft jf Janice K. Vos Caudill, Pitkin County, CO
COVENANT AGREEMENT N~qCT # ~ ~~ v
FOR THE PRESERVATION OF HISTORIC RESOURCF~ ~
THIS COVENANT AGREEMENT FOR TI-IE PRESERVATION AND
MAINTENANCE OF HISTORIC RESOURCES (the "Covenant AgreemenY') is made and
entered into this ~~day of~~~, 2008, by Stephen Hawk Greenway (hereinafter
referred to as "DeclaranY~, and Pitkin County, Colorado ("the County"). This Agreement shall
run with the land described herein and be binding upon the successors and assigns of the parties
hereto, subject to the terms and condi6ons set forth herein.
RECITALS
A. Declarant owns the real property described as Little Annie Mine or The Greenway Parcel
in Little Annie Basin and is legally described as a parcel of land comprised of certain
patented Lode Mining Claims in the Highland Mining District located in Section 36,
Township 10 South, Range 85 West; Section 1, Townstup I 1 South, Renge 85 West
(Suspended), and Section 6. Township 11 South, Range 85 West (CJnsurveyed) of the 6~'
P.M. The State Parcel Identification for tlus property is 2911-O11-00-52 and is more
specifically described in Attachment 1. This Pazcel contains 40 acres and encompasses
the Litt1e Annie Mine Site which includes one (1) cabin and the niins of the bunkhouse
and the mill that have been designated to the Pitldn County Historic Register.
B. The lustoric resource(s) located on the Property are the remains of the Little Annie Mine,
specifically the Assay Cabin ("the cabin"), the remains of the bunkhouse and the mill
(`Yhe ruins"), as well as the mine dump rock pile. Attachment 2 depicts the location of
the cabin, the ruins, the extent of the mine dump and Activity Envelope(s) Plan on the
pmperty. Attachment 3 depicts photos of the cabin and ruins as they sit on the Property.
Declarant is the owner of the cabin which was designated and placed on the Pitkin
County Historic Register pursuant to Board of County Commissioners (BOCC)
Resolution Number 108-2008 ("the Resolution"), which was appmved on September 10,
2008 and recorded in the records of the Pitkin County Clerk and Recorder as Reception
No. 55358'7 (see Attachment 4).
C. The cabin will be rehabilitated and stabilized in accordance with the Secretary of the
Interior's Standards for Rehabilitation (see Attachtnent 5) or the County's design
guidelines for lustorically designated properties should such guidelines be duly adopted
by Pitkin County prior to the rehabilitation and stabilization work.
D. This Covenant Agreement is intended by the parties to satisfy the Resolution condition
which requires this covenant be entered into prior to the submission of a development
permit for the additional residence on the Little Annie Mine parcel or for rehabilitation
work on the cabin.
NOW, THEREFORE, Declazant hereby represents, covenants and agrees as follows:
Restoration and Maintenance. Declazant agrees to assume the total costs of rehabilitation
and continued maintenance, repair, and administration of the cabin, in a manner that
complies with the attached U.S. Secretary of the Interior's Standards for the Treatment of
Historic Properties (1995) as they may be amended from time to time as interpreted by
the Pitlcin County Historic Preservation Officer (which have been codified at 36 C.R.F.
SS68.1 through 683), so as to preserve the architectural, historical, azchaeological,
cultural, and/or engineering integrity of its features, materials, appearance, and
worlananship in order to protect and enhance those significant characteristics which
qualify it for lustoric preservation treatment. A copy of the Interior Secretary standards as
they exist on the date of recordation of this Covenant Agreement is attached hereto as
Attachment 5. Declarant shall complete any future rehabilitation of the historic Property
in general compliance with the Resolution.
2. Exclusion. Declarant agrees that the County in no way assumes any obligation
whatsoever for restoring, maintaining, repairing, or administering the property covered by
tlris Covenant Agreement. However, the County shall be entitled to enforce tlus Covenant
Agreement.
3. Inscection and Compliance. Declarant agrees that the County shall have the right to
request inspection of the e~cterior of the historic structure to assure compliance with this
Covenant Agreement, which request Declarant shall not unreasonably deny. Notice of
any inspecrion of the historic structures by the County shall be pwsuant to section 12 of
this Covenant Agreement (below) at such times and upon such notice to Declarant as
Declazant may reasonably require.
Any inspection carried out pursuant to this Paragaph shall be conducted in the presence
of Declarant, if Declazant wishes to be present. The purpose of such inspection sha11 be to
ascertain whether the tenns of this Covenant Ageement have been and are being met and
to insure wmpliance with the terms of this Covenant Agreement. The Declarant or its
representative shall have the right to be present at any inspection conducted by the
County putsuant to this Paragraph.
4. Alterations. Declarant agrees that the rehabilitation of the historic Litt1e Annie Mine
Assay Cabin shall be in accordance with the Resolution, and no significant alterations
that were not contemplated in the approved plans shall be made to the e~cterior or location
of the historic structure or associated n-ins without the approval of the Pitkin County
Historic Preservation Officer.
5. Use Chanee. There shall be no change in the use of the tustoric cabin as accessory
dwelling without the prior written consent of the County.
6. Standards for Review. Review and approval of any proposed conslruction, alteration,
rehabilitation or relocation of the historic structure shall be evaluated by the Pitkin
County Historic Preservation Officer tluough use of the lnterior Secretary Standards
attached hereto as Attachment 5. Deciarant agrees to abide by the Interior Secretary
Standards in performing any restoration, construction, alteration, rehabilitation, or
relocation of any and all of the historic structures (see Attachment 5).
Public Pumose. Declarant agrees that all changes to the historic structure shall be in the
spirit of contributing to the public purpose of protec;ting and preserving the lustoric
structure in conformance with the Standards for Review.
8. Continua6on. In the event that any component part or parts of the cabin aze destroyed or
substantially daznaged through no willful action or negligence of the Declarant, and only
if it is jointly determined by Declarant and the County that the affected structure(s) or
feature(s) are to be preserved and not removed, all obligations contained in tlus Covenant
Agreement shall continue unabated. In the event that any historic structure is damaged or
destroyed thmugh the willful action or negligence of Declarant, the County may initiate
such administrative or judicial actions as it deems to be legally available and appropriate.
9. Reserved Riehts of Declarant. Declarant shall have all rights to utilize the lustoric
structures not specifically limited or restricted by this Covenant Agreement.
Notwithstanding the last sentence, Declarant shall take no action wlrich is materially
detrimental to the purposes of this Covenant Agreement.
10. Bindine on Successors to Declarant; Enforcement: Attornevs' Fees. This Covenant
Agreement shall be a binding servitude, and shall run with the land and be binding upon
Declarant, its successors, transferees, and assigns, in perpetuity, unless terminated by the
terms of this Covenant Agreement or by voluntarily relinquishment by the County. The
County has the ability to fix and repair the historic slructure consistent with the standards
of this Covenant Agreement and collect costs from the Declarant for such repairs.
It is explicitly agreed by the parties hereto that this Covenant Agreement sha11 be
enforceable in the courts of the State of Colorado; and tUat in the event an action to
enforce this Covenant Agreement is brought, that the party or parties which substandally
prevail in any such enforcement action shall be entitled to recover &om the non-
prevailing party(ies) the full cost of such acrion (including reasonabie attorneys' fees and
costs). 'The County may enforce the terms of this Agreement thmugh actions for damages
or injunctive relief for both.
11. Exercise of Rishts and Remedies. Failure of the County to exercise any right or remedy
granted under this Covenant Agreement shail not be a waiver of any breach of the
agreement or rights or remedies to enforce the agreement provided however, after notice
of a violation pursuant to Sec6on 12, if the County fails to knowingly enforce a provision
of this Covenant Agreement for five years it waives its right to do so.
12. Notices. Any inspection carried out pursuant to Section 3 of this agreement shail be at
such times and upon such notice to Declarant as Declarant may reasonably require. Any
notice allowed or required by this Paragaph shall be served on Declarant.
Any notice, consent or appmval which is required to be given hereunder shall be given by
certified mail, rettun receipt requested, properly addressed and with postage fully prepaid,
to any address provided herein or to any subsequent mailing address of the party as long
as prior written notice of the change of address has been given to the other parties to this
Agreement; or by fax. In the case of faxed notice, there shall be duplicate mailed notice to
insure that fa~ced notice is received. All such notices shall be effecdve seven days
following the date the notice was deposited in the U.S. Mail or faaced.
Said norices, consents and approvals shall be sent or f~ed to the parties hereto at the
following addresses unless otherwise notified in writing:
To Declarant: Stephen Hawk Greenway
P.O. Box 12334
Aspen Co 81612
(970)920-7859
To County: Pitkin County
Community Development Director
530 E. Main Street
Aspen CO 81611
970 920-5526
970-920-9439 (Fazt #)
13. Severabilitv. Whenever possible, each provision of this Covenant Agreement and any
other related document shall be interpreted in such a manner as to be valid under
applicable law; but if any pmvision of any of the foregoing shall be invalid or prohibited
under said applicable law, such provisions shall be ineffective to the eactent of such
invalidity or prohibition without invaliding the remaining provisions of such document.
14. Choice of Law. Tlus Covenant Agreement and each and every related document are to be
governed and construed in accordance with the laws of the State of Colorado.
15. Successors. Except as otherwise pmvided herein, the pmvisions and covenants contained
herein shall inure to, and be binding upon the heirs, successors, and assigns of the parties.
16. Section Headines. Paragraph or section headings within this Covenant Agreement are
inserted solely for convenience of reference, and aze not intended to, and shall not govern,
limit or aid in the conshvction of any terms or pmvisions contained herein.
17. Waiver. No claim of waiver, consent or acquiescence with respect to any provision of
this Covenant Agreement shall be valid against any pazty hereto except on the basis of a
written instrument executed by the parties to this Covenant Agreement. However, the
party for whose benefit a condition is inserted herein shall have the unilatetal right to
waive such condition
18. Gender and Number. Whenever the context so requires herein, the neuter gender shall
include any or all genders and vice versa and the use of the singular shall include the
pluraland vice versa.
19. Further Actions. The parties to tiris Covenant Ageement agree to execute such further
documents and take such further actions as may be reasonably required to carry out the
pmvisions and intent of this Covenant Agreement or any agreement or document relating
hereto or entered into in connection herewith.
20. Modifications. The parties to this Covenant Agreement agree that any modifications of
Uus Covenant Agreement shall be effective only when made by writings signed by both
parties and recorded with the Clerk and Recorder of Pitkin County, Colorado.
IN WITNESS WHEREOF, the parties hereto have executed this instrument on the day and yeaz
Srst above-written.
DECLARANT
BY:
Name: Stephen Hawk Greenway
PITHIN COUNTY COMMUNITY DEVELOPMENT DEPARTMENT
BY: (~ '.~ tf~A.*2 C ~ ~ ~ }E
Na~te: Cindy Houben, Director
List of Attachments
Legal Description
2. Historic Little Annie Mine Existing Conditions and Acrivity Envelope Map
3. Photos of the Historic Property
4. Pitkin Heating BOCC Resolution Number 108-2008
5. Secretary of Interior's Standards for Rehabilitation
Attachment 1.
Name of Property: Greenway Little Annie Basin Pazcel (40 acres)
Location: TBD Little Annie Road, Aspen Co 81612
The State Parcel Identification for this property is 2911-O11-00-52.
Legal Description:
1. Alice Lode. USMS 6453
2. Houston Lode USMS 6732
3. Calavaras No. 2. USMS 19091
4. Pride Of the West Lode USMS 5904
5. Pride OF the South Lode except for that portion conveyed to Daniel Bunta and Mary
Manning by Wamanty Dced recorded at reception no. 524643.
6. Denver Lode USMS 57621ying Westerly of the centerline of Little Annie Road.
7. Lena M Lode USMS 64531ying Westerly of the centerline of Litt1e Annie Road.
8. Little Annie Lode USMS 2228 lying Westerly of the centerline of Little Annie Road.
9. Eureka Lode USMS 2227 Lying Westerly of the following described line: Beginning at a
point at the intersection of the centerline of the Little Annie Road and line 1-4 of said
lode whence comer no. 4 bears S74degrees 04 minutes W 204.39 feet: thence
NlOdegrees45 minutes 44 seconds E4'7.50 feet along the centerline of said road: thence
S79d27m57s E 96.92 feet to line 1-4 of said Eureka lode: thence N04d03mE 287.2 feet
more or less to the intersection of line 2-3 of the said eureka Lode (see recept. Nos.
445482 and 524653)
10. Loyal League Lode USMS 6125 Lying easterly of the following described line:
Beginning at corner no 2 of the JME Lode USMS 6367: thence N10dO8m E486.95feet
more or less along line2-3 of said JME Lode to the intersection with line i-6 of the Park
Lode: thence N10dE to corner no 5 of said Pazk Lode. (see recept. No. 445482)
1 l. The South 305 Feet of the Pazk Lode USMS 5869
- containing 40 acres more or less.
Attachment 4. BOCC Resolution 108-2008:
6
~x~~,~~ -~ ~r
COMMiTMENT FOR 7TTLE INSURANCE
SCHEDULEA
1. Et(eGive Date: Aupust 8. 2007 at 12:00 AM
Case No. PCT27608L
2. Poliry or Pdicies ro be issued:
(a) ALTA Owners Policy-Form 1992
Proposetl Insured:
STEPMEN HA1NK GREENWAY
(b) ALTA Lo~ Poli~y-Form 1992
Proposed Insured:
AmourHS 875,000.00
PrcmiumS 1,965.00
Ra6e: Standartl
AmountS 0.06
Promiurtd 0.00
Rate:
(c) ALTA Loan Policy-FOrm 1992
Propoaedinsured:
ArtlouMS
Premiumt
Rate:
3. Title to ihe FEE SIMPLE estab or iMmaS in ths land desuibed a referred lo in tlris CornmtmeM is al ihe
eRedNe dale here~ ve4~d h~
CASTLE CREEN INVESTORS, INC., A COIORADO CORPORATION
4. The land referted b in this Corttrwtment is situaMd in Me Caunty W PE7KIN StaAe ot COLORADO and is
described aa M6ows:
TNE ALICE LODE, U.S.M.S. NO. 6453, THE HOUSTON LODE, U.S.M.S.1~. 6732; THE CAkAVARAS
#Z LODE, U.S.M.S. NO. 19081; THE PRIDE OF THE WEST LODE. U.S.M.S. NO. 5904, EXCEPT Fqi
THAT PORTION CONVEYED TO DANIEL BUNTA AND MARY MANNIN(i BY WARRANTY DEED
RECORDED AS RECEPTION NO. 524653; THE DENVER LODE, U.S.M.S. NO. 5782, 7HE LENA M.
LODE, U.S.M.S. NO. 6453, THE LIITLE ANNIE LOOE, U.S.M.S. NO. 2228, THE EUREKA LODE,
U.S.M.S. NO. 2227, LYING WEST OF THE LITTLE ANNIE ROAD, THE LOYAL LEAGUE LODE,
U.S.M,S. NO. 612b, LYING NORTH OF THE IITTLE ANNIE ROAD AND THE J.M.E. lOOE, U.S.M.S.
NO. 6362.
rrriaN oounn'r m'~ tvc.
607 E HOPKINS, ASPEN, CO. b1611
976951766 A~me/9A46-65D Fax
677-2173158 To~ Frce
Schadule A-PG.1
This CqmnitmeM is irnalid
unlas Me Inauring
Pim~sbns and SchedWes
A arM 8 are attached.
A[,IIt10~It17ID AGEM
COYII~lI81~Iffd:
~
UUUU20
~a
GBffiJAAY 'LI11T.S APNIB" ACTIVITY ffiiVffiAPE PLAN
P~RCEL ID~ fOPL1E0 FORI
', '~''.', ~' Y~' ~' ~~ " "~. i Ty~. . .' ~ " ~i " s ~
.+~'~
PLRT NOTES
DISf1RI1EP
~ ~~Z~ ~r~ ~~.
~-
BOARD OF COIMTY COWISSIONERS 2~PPROV/iL
~~~~i~.
e~vr
flERR /JO PECOPDER ACCEPT~MCE
.S.P%
LE'G~C OESOPIO~IpI / ..
~ SECTIOM 36 ~ ~
~ = 105 RBSY
:Y..i~:.•S~C'~L:.G3CC'i.~.....~.. ~~~1
, Q.d... ~..`~n.~~~.~.....
1C.2S -..... ~«....~r. ~ ~,w..~... '
.~ L"..L'.~.,.lR....~r...--+..~+.... 6
~{y~ ~'~~
.~ ~q,,;.i"~.w„~`I'~~J'J~~r.~.. ~~~~ ~°,~.~
~ '~3iµ0
r~ut
,3~r_- ._.vrm~ dir'~ `/
~~~., ~ ~ $
~~~~~~=~''~~:. ~peasdi?9
0'7~r ~.~ ~ 5.
~~ _ a.m r z E~pl
uF,rra.° g- ~ a.t~ / ~ M g .
~ "$.~~ / .~..:~3~ /~`/ t
T115 RBS~
IsUSVExDEU1
0 ~
IANK
%
Y.B. dltl i e
~ ~ ~
~
^7
~
~ w
~ v ~i
~ ~
.~
~ ~
v
i~a
~~
SECTION 31
TI05 RB~Y
A
nu~ u.ia a - r•
Y6.t1~t ~ ~ t E AsN~E
~ ALICE ~ ~ (1. = p8
M.S. 8159 ~ L V.S•
~2 ~
S31 `- -----
.~' ~M.S~ QI ' ~
1
• •^~ ^. ~ _- ~DENVEH
~'~" Y. S. 57QP
rs. ra., ~
\I /
a
O °
2 °
fJtAYYl~ O
W!.{11t ~ w ,
P
`
¢
~
.y
~u
~
~ ~~..~
t w
~
~ ~
~ ~~
V
.:
~ SS
. ~ PF'7N
/,~e
ggrua4~e
~
~ ~e~ ~E
T113 R81~
~ 1~ ~ IUxSMVEYEDI
y ~Sqr~
~__--
PHIDE OF THE SOUTH
M. S. 81
~~P-H 1 DE F THE WE!
~ Y 8. 3D0I ,
n.iv~e
Y.B.I~S11
~ S'Z °
_,~.Q,~„ --- i ~ i
I8AlO! I
INDE% Y.8.0~]
~r ~~
9e
k:
8~
~SdL.
7.C.'.'R:G'..
uc 1
1YlEEhK`R-C 'L ~1_L- AM1M1 . r... VII": tN'/t_l~~t 'L.Rh
lJt~~1Yt
Y.l.Nf1
~
~~~ ~
in
1
~~~~~
I /
/;
~,~~N1
~.`~~ ~t•'cc ~~
W~~
ta/~i.~{
~n,~~5~ ~tl~~~
~'b ~
Sa~~l~~
~~~'u ~ I
~
r4.7~
~~ ~< <!
.~. , ~ ~
~~
r ~
f•~
~=
- .. L-~ 4 .
~ ~ i -
r
. ~ . .
~~rv~`: ~ `..
> _~ ~ ~ _ _
- - r. _ `:.~-
- ..~ .
-1i:' id '
. .< Y ~ . K.- ~_! ~ -:1 - _.
'! y!, . . - . ..
._ - •:dT'~-,"~- `"
. . ~ . . ._1r"? -. ~ _.
Y_ .•~ .. .~ v.~ ~ -,.~d. . . ~ . ~,~.,~1,,~`f3.~'
_.. •~` -_. ~.
v ~."'
_ . ~a'~. - _ . . . ~.
s *i .~
~ < < f . ~s ~~$-~t ' .
f~'r - Y'~z ~a'~'f,~ ,~~~ '_ '~~ ~ ~
f:~ ~ . ~ - - . :. ~
_ -• ^~-•`-S ~ s. ',~`,~ ~ -
.- - _ a M1 l` y_~'_ fi '
~ . . . " . ~. ~..
~r' '~' +~~. 'i"~" a. `k _. , ~ *~ ~!" „~
~~ 4 ~
' . '.:T
- . ~= _ gl •-'~•
3 . --
i_ i ta=
~ ~. ' 'r
~~• 4.G ~_,i
`~~'-~:' -`' ~ - .
-_ ~° ' --
.
. - ~. ~ ,t. ~,, ~
....'~ ~
~;- - _ - _ ~~ _~ --~
~ ,, ~.~ _ :-~
~. -~'
._r ~~ ~ =-F2 ~7g- -'°`~~ :- _ __ ~
~ ~:'
~=
r _ ~'
~
....
j~ +. ~" ,
' '~#~ a
~ ~.T _
~t ~.
l -
~~µ _~
. y i r
. . '~'_{~ I ~ . - 4 f~~ ' ~ '
c ~.
~;--.. - '~ ._ _. .~-• .:,~._ ~'t_^
~ ~~3 • .- = `~ . _ ~ ~ y ~' .~~
~ "A ~'_` ~ ~. ~
~ . ,.'. .,~ ... _ F~~
+ ~ ~ Y - .
r ` F - ~ ~' , ~ -. _ ~ ~~"~-~'~~i~,
Zi ~,}
V~~'!~ad€~e;l~ ~ . ..._ rs~=~t~ . ,sS`1f_ __is~r .~'.
i !~~ }^
1 1~ '
\
~
~
~
~
1~
V+
~
2
y
~
/~
~
~
~~
~
~
J
7
j ~~.J
VL
J
3
~
~-
_~
~
~
~
~~
~
~
~
J
~
~~
~
~~
::~
. ~;,;,.
'-~'.
, c = j~~
~~:. ~~
1 H~.~-_ ~ ~kr, ~-~:
~ f_=:=:~~~-- -~ -
~ ~ `! ~
-~~ ~
iY, ' ~
J3~e~~C l~c~L~r ~ .fd-c~~fr`;i`C~~L
:+:
~ ~~~;:~;,,~r~_.a .,~s~
,~~ ,~_ ~ ._ -=
y ~~
4~y ~ 1
1 + _ '
~~
~~ - '>
i~ - •.~
~`~~_' '~~~~~~
~Vl ~~ i,~~ ~GL ~EC~ ~( C~L( l~`~lC~~
Y
„-. :~
- `=~`i
';-r
t. _ _k i,.. ~ni~.
~ 1i ~. ~
~.. f
` ~ !
~"~ :, ~ ~.
~
t
s
~ ~ {
~~
-
~. ~ ~ i ~~' D:
~~~
~ :
~ ~~'
~ -_.~i~~~.
~
~ i~ ~I~ ~V1 V1 ~ t' - `-~(~ ~ ~Y~ (V ~ ~.r~ U(ii ~(.~ S ~I J W ~ iu~ 1-.cy~ C(~`~-2 V ~ C'YU ( ~ L~L-
l)
W~'°~E~ c~~'r`1',~~'f~c~~ c~~ ~nss Ci- l~- ~,~
(.,~ ~~ k 1461411~ ~P.~,-rlh C~i~~~ Jc%Cll bt L~/'NPG~U ~vliN ~~ir~ ~v,~i~~~.v ~, ,~,-~ J/- ~. . ~• __ ~
~ ~
~'~'iGi~~L~vVt In/i~1nt~C/U ~7- ~(~~~ t~
~
,
~
~
~
S
5
fi~
~
~
~~
~
~
r,
~
C
S
~
~
`-J
~
~ ~
S(
-I ~
~7 ~;
~ ~
a ~
~ S
~
U ~
`r. S'
F
n ~
~ ~,
~
~ ~~
,
~ ~
cA ~
~
U1
~
~
c
~l
rC
~~
~
?.
".`~'
Q
~
RESOLUTIOIV OF THC BOAAD OF COUNTY COMMISSIONERS OF PRKOV COUNTY,
COLORADO DESIGNA77NG 771& L17116 ANME MQlE SR'E ON 1~ GREENWAY
PARCEL TO 1'HE PTTImV COUN7'Y HIbTORIC RSGISfCR AND GRANTING INC&N'f1VES
FOR TNE dL3IGNATlON; AND GRANTll~1G ACTIVR'Y SNVELOPL.3~&C7AI.REVIEW
AND GMQS EXEMP170N APPROVAL
Reaoludoa Na/(Ir-2M8
RECITALS
1. Sl~ha~ FLwk fwe~'+Y ("APPliwm') ha applied ro tlm Bord of Cwny Cammis~ioons of Pitlcin
Caunty. Colando ('BOC(.'~ adaig~roo the L'atk Mnie Mioe Sde n ~he Himic Rap~oer, ~ad as
ircasivec far drc desipiAia~ of die siee ad ratontian w! poavMiao ~~ wbio. m abuin one TDR,
^ deroiry boiws ~o con~tma oae ddiaasl residna:e (~.000 s9~me feet). md e~~epl a~b4ark spce to
6uiN a b~sm~rN tmdertla Ai+lmic ca6in. Ic additia4 d~e Appliant is r~ing tl~e folbw6~g
approvals:
A Spxid Review for ~ctivaies in Me WnURnnde mne d'etri0. includ'o~g exta~san dm
udx~mimd kAepl~one ~io~ e#~mim of s drivewsy w IMe ~ww abin eovebpe, and v~nx ofMe
modnnm sm oftAe ati~.iy arvalopc; eo ora~ a~ u~dapard micao~d~odec4ic sY~: aod to
caeshut,t one addilianl ~idrnee ( ~.000 a9use Ret)
B. GMQS F.zentption far Ptrservatia~ ofHistaic StrucAiru to construct one+ddi~~iavf raide~ce
{I.000 sq~re fat)
C. Activily Fnvelope Review
2. llx property is locatood on Ldtle Mnie Rod, sppoximuely 22 miks Prom the Liak Amie Roed/Castk
Croek Rosd imasection, and is mae spacificdly dwcribed in Exh~b'n A.
3. Thc pareel conmu~s appmxi~tely 40 ecrts end is confarming in siae in tik RuraURemote mne district.
4. 71w BOCC considered this applicnion ~t a duly aoticed public Iaaring on Sepoan6er 10.2008. at whkh
tune evidawe an4 oestimany was peesented witli rcspax to the spplic~ion.
5. 7Le 90CC finds the si[e and csbin meet the criteria in ~he Gand Use Code ("Code") for desi~etion
to the Hisoorie Regiater.
6. The BOCC further fmds thet ss an incentive for tAe historic detigmtion, it is eppropride w grsnt an
exemptan fa 600 square feet of subgnde sprx for the histaic cabin.
7. The NOCC Ntlher finds thu the i~trnce of one TDR u an dditiooal ioce~Nive fot the hisbric
desiemrion is appiop.iate, sioce the Link Aneie mine sioe ia omsiderod by the Caunty's Hiaoric
P~eseiwtion OPI'~cer m be one of Me mact sipifiant mine ~ea in the Catile Qedc Valley ~nd d~e
M1iuaic landsupe is iMW tl~ouap fower buildings cunselly exist, and Me Appticant lus commitud m
~esm~e the cabin w~d m p'esarve tMe .uins ro the exta~t Paasibk.
S. 7Le BOCC furThw fiids tlut dx eMa~sion of s telephone line does not eomply with the critaia in
Sx. A-30.30(tx!) of the Code reWed w extensions of uriluia in the RuraURrnate wne d'utrict.
9. 7M BOCC fuJtlcer finds thR requat for one addhional ~esidence on a pasel coMaini~ an bisforic
strucaro complies with tM1e specul review cririvia and is eligible for a 6MQS exemption.
RECEPTIONN: 56J66I. f0l13/M9t &
oa:~z:u r~,
+ oP e. R fo.oo Doc CoAe RECONVEr
JaNCe K. Vos CaudiU, PIIkiO CWMy, CO
~ee.,dMna, ,va. /O~aons
Page I
10. The BOCC fwehar finds tlrtdrc driveway extrnsion and Ux veriMCe of Me maximum siae of the
acGvity envebpe m excead 0.5 acrc compy with the apecid ieview artais in the Code.
I 1. 'ILe BOCC fuMa fmds dut the aGivity emelopa ue IoaOCd on slopa of las tlun 30W. and avoid
eny critical wildlife fiabitat aieas, and tlret the wildfirc lurerd is rsted as bw and an be mkigmed.
12. The BOCC Mtha finds t6u tl~e Applicant has rot prm~~ided adequaee infonnation at ihis time to
evaluece tl~e request for s miam hydroekctric feaility.
xow, n~e~zei+oa& se rr i+ssoLVSn ey a,e eocc ~~t a~ n~cy a.a~.u ~n~
l.intc Annie Mine Si[e, inchding the cuins of ine original miil end buikhousa, mix dump md log cabin,
W the Aitkin Coumy HisWrie Register.
BE 17 P11R77fER RE90LVED by Ne 90CC tlm! it das hercby apExove the roquest fa one
TDR as an iaceptive for the deaign~tan of t6e site w the Hiatoric Regisw.
BE IT PVRTHER ItE.ROGVED by the BOCC Uut g does hereby approve the Cmenway
Speciel Rariew. GMQS Exemp~ion aad Activiry Envelope Rev1ew, a6ject eo Me folbwin6 conditiars.
wkxch slull nn wiM d~e Imd aM be binding m all s~c«asas in 6Maat
l. llre ApplitatN shsll adhae tu dl ma0erial rcpraenutioas made n~ the ~pplicatiao or in pdblie mcelings ar
hwrings.na sn.~~ wnaidanwse rep~es~io~s ro ee condition: or.pprov.~, unkss ama,aed by an«
mMitiom.
2. Priar to subnission oCd~evelopmmt permits for a aew raidmce a for ~atortiai work on tl~e histaic
cabin, the Appticmt slrll Rcacd a ooveneM in a fmm acapafile to tAe Couety Atoomey in which tlx
Applic~m ~ to ratae and+mintain the csbin as ~ep~vaMed in t6e applicuion ad oo stabilise
~nd p~emve the ruina of the hmdfkouse and mill siie 0 wwrdwce waM tlie CoumY~s desig~
guidelines for Aislaially depgr~ed p~operties, once adoptad by d~o BOCC. TAe Applicem shell
also agra m insull intapmive signe~e on the P~P~Y, if detmmined w be appropririe.
3. Concu~nt wiN recadation of the his~wic covment, the Counry sfull issue a~e TOR Cm~ifirste W
tM Applicant.
4. Rior b wbmission of tlw Site P4n Review applicY'a4 ~~~ ~~~ ~ R9uirtd m submit for
approval by U~e Couny Aaorney ~nd Com~niy Devefopnent ~n Acavily Fa~velope Pha in
accordarce wiM Ladf Uu Code Settion 2-3020(~ and Appliulim Ma~wl Sodian 2.1.1. The above
refercnced epprovals sFrll be s coad'aion preoedrnt a fin~Harion and recwdrion.
S. Priar to whmission ofmry buibdiag or alxt d~velap~neat Pamit Nipllc~. tl~e Applic~M ~e116e
re~i~ad ~o mbmie for app~ovd ~n applicetion (or Site P4w Review. puraw~R b Secs. 2-30.20 ~nd 7-
i0.50 of ~be Code. The Sik P6n Reviea ~pplice6an ~1 sdmea tde fdbwi~g, i~ addition ro tbe otliv
requeemems sp[cified a6ove:
A. Demonstraoe complience with the rurel charactor guitldines for buildi~ location in Sec. 7-20-
120.e of the Code.
B. Demonstro[e lhel the site an accommadate an on-site wastewmn treehcent system (OW7'S) ~tt
wmplies wit6 tl~e did~ cmfenl OWl'S rOQuY~iOns.
C. Demauuate thet s drivewsy can De conswcted in campliance wiih Ihc Counry's driv~eway
stendards.
RuolutronNo. dM-2008
Pqge 3 ~
D. Demonsuate complience with tlx Counry's hiuaric guidalioes (~w cabin and rcuorstian of
histmic cabin).
E. Detnonstrece ¢ompliance with the ~eyuircd 100' satbeck Gam the etraam ta Ihe west.
F. Provide a plan to addrees the requi~emmta of the Aspen Fire ProteGion Diatrict.
G. Submit a plan for interyretiva signage tor tAe Aiaroric Rsmacee.
H. Submit a specific plm for the micro hydroelectric rystem for ~eview pwu~nt W die specisl
raview criteria end the use specific ~rde far micro hydroelatric systems•
6. Prior to iswance oFa develapment pamit far a c~ew rcsidence m the prxl, d~e AppliaM dmll provide a
bw~J, kuer uf crodN a aher fuw~cid auura~ce deanod socepabk by the Counry AmornoY ro guue~ee
tl~at the rouaatian worlc m the cebin sIW I be comPloood. Fmd~anare, no Cadtiaoe of Oocu~rncy will
be issued for the rcaidcnce on tlro ~rrael wrtil ~ devolopnent permit Ms been issu~d far ud Me
rcataatirn wark m tl~e hiRotic abin I~as Aeen aompkted to tlw satisfaction otthe Pitlcin Caury Historic
Picsmatia~ OR'~cer ud the CAief Building Ofl'~cial.
7. nu pvcd is eao~ixea w ~r.~e ooe devebpn~u ~fit aa oo ~.ooo sq~are rat for, new ~esidmoe. plus
ad~Ua~el squue fowge as albwad in fie RR mrc diatrict pwwsq b tlie Code. The sqa~e foodge of
the his~aic cebei does not cauM ~oauds tlrc 1,000 squre feel. b addRian. the Appliant may wnstruct
a bnanent of up ~ 600 squde toa bebw the h~toric cabB~. wLich shall not coun towards Me 1,000
59ua~e fat
S. Pria W isauana of e buiWing Pamit for tAe raidencc. the Applic~t ~wll:
A. Provide pmoFof m adec~ee waox auPP~Y (in tvms of qw~ti~y md evaiYbility) for danes[ic and
fue p~pleetipn pWpoae; and ~r ini@elim prposx, rt'~pphabk lo ffie Envrcamiennl Halt6 aed
NaWnl Refo~uces Dopudant. The wata auppy s1r116e dano~ked to 6e adequooe for two
dwetling wits.
B. Obtain an access pertnit W extend the driveway to the new cabin. which shsll be approved by the
Pluning Eng¢KCr.
C. obf.in a fi~eq.oe/woodKOVe p«ma from uro comromhr Devebpmait D~n4 ~~Y.
D. Subnrt a sire speeific drri~e and erosion ~meml P~ P~ M' 89~~~ ~ a B~obgial
fa rcview and apqovd by da Plming Engitea. If tlK pojea &gurrbs mae tlrn aa+ae, s Sate
Sw~mwater Parmh shall be obuined prior m permit isxsnce.
E. Pay d~e appliceble road md empbya ho~ing impsct fees.
F. Obtain an on-six weslewa~a dispossl systan pamil fiom the EnvironmrnW Hcah` md Nuural
Resourcas Deps~cnt.
G. Su6mit t c~wtim nure'dro~M Phn ~r rcview aod appovd bY ~~~B ~8mar. The
plen ehdl edAesv Ne po~m~isl exposue of caotime~ooed meurioL usoci~d wih the mine dump.
}i Submk ~ detaibd reve.~ewioa PI~^ for dinmbed vo~s with appmprifle seed mnea.
I. Submit a ux mitig~uion plm if ny uces witli la~er tlm 6" DBH ae b be m~aved.
9. No shuewnl developmenl in ucess of 30" above or below mhnl y~de slrll aocur witltin tAe
sethscks of the Ia, with tlie eicceptia~ of ~iveways and assocuted rotaa~ing sralls o( up tn 6' above
or bebw naunl ~ade aad fenciag. Lsnd~c~PqoB in the fam~ of bern~s slull ~a excxd four fed from
~he mou r~4icave gnde. Any derebpmrnt berted within sRbscks nundated bY County mning
reguletions tl~et does not ca~1y ~+~ith Ihese ratrictio~s shall ~equite a varimce fram the Hoard of
Adjustmrnt. Appmval of an aetiviry rnvebpe wit6in such se~backs does not asane spproval of a
vuiance.
10. The AppliceM shsll comply witl~ the folbwing shndards for ikvebpnrnt in s Low W itdfire Fle~ard
Area:
Resolr6ion No. f~-2008
Page I
A. DefensiDk Spaca: The arca around all buildingsl~ure.s, limirod by property boundeties that
may limit a propeny owner's abiliry b cotnply with d~is seMion. slmll in~wrponte hndscapin6
with wildfirc defenaibk space cansidera6ons as follows (nWe: actual vegetation wnipuluion to
mcet those conditim~s msy nM be necessery where the natunl vegetaGoo patxms hsve slrcady
fu~lbd these conditions):
I) Brush, de6ris and non~orna~rK~rcat vegeution shall be rcmoved within a minimum ten-foot
(10') puimeter around aU swcwres.
2) Veget~ion shalt 6e reduad a brcak up dc verticat ad harim~Nal wn~inuity uf ~he fuels at a
minimum of s thirty (30) faa puioKta eround a strucwrc built rn~ flst graund; this ~ell not
apply to matura waifa ~nd aspen haa. (For gretter slopes, tefe~a~oe the CSFS Safety Zune
chart in Wil~ro Guiddines For Rurel Horoeownera, aFiieh provides grneral guitklines tl~at
may be modified by a wiWfim eupen aceepmbk a the County).
3) SPacinB behveen clumps of brush md vegetation up to Ihe thirty (30) foot per'vneter shsll be
a mmimum of two (2) times the height of tAe ficel. Maximum diaoxtu of the elmnpc sMll be
equal to tha height of the fuel. AO masurematls sAall be from the edga of the avwns of the
fuel.
4) All 6rancha from uces and brush within the thury (30) foot perimMer shall be pnmed ro a
height of ten (10) fea abova the ground with mnoval of ladder fuels from around troes and
brush.
5) Tree crown aepuation witliin the thirty (30) foot pwimeters shall have a minimum of tm (10)
fed baween the adges of t6e crowns, excspt for maturc slsnd9 of aspen and conifer trees
where ladder fuels heve ban rcmoved. In arcas of aspen regeneradon, undersoory shrubs and
down and dead meterisls shell be rcmoved.
6) All branches that ex~end over the roof eaves shsll be trimmed end all branches within fiReen
( I S) kN of chimneys she116e removed.
7) The densiry of fuels up w a one hundrad ( l~) foot perimeta of tha snucuues shsll be
reduced where nstural reduction has rat already accumed: this shtll nd apply ro live fuels.
S) AI- down deadfall up w a onc hundred (100) foot perimeter shell be rcmoved.
9) No new conifa trees aMll be pleMad within ten (10) fcet of a reaidrna.
10) No tlammebk mukha shall be plu:ed within tavo (2) fcet of a resida~ce.
I 1) The properry owner ~all be rocponsible for the continued mainurance of the defenwble
spsce vegetstion requirements.
B. Roofing Meurials: Class A eovering or Class A assanbly m defined by [he cune.mdy adopted
BuiWing Code. No wood shakes or shingles. All other adopted Building Cade compliaM
me[hads and materials permined. Roofs with less th~ a 3:12 pitch erc rrot pe~miaed unkss tlwy
comply with the following:
1) All roof ooverings shall be conswcted of non-combuatibk matcrials and insfalbd on a Class
A roof assembly.
2) AI I roof coverings shatl have a surface that shall faciliute the natural process of ckuing roof
dcbris.
3) Provusions ebove the roofline, such es panpNs, shall be ptohibited.
4) Roofs sha116e instalkd as roquired by tl~e adopted Building Code and ahalt heve a minimum
pitch of 1:48.
5) All roof designs, coverings, or equivaknt assemblies shell be ~pecilically epproved by the
Firo Marshal prior to submittnl of s buiWing permil epplication.
10
ResolWion No.~2008
Page 3
C. Mainte~ancc and Miscellaneaus Roquircments
I) Roofs rid guaen ahrl I be kept clear of debris.
2y Roof vents sha11 Ae scrxned with comosive resistant wire mesh, with mesh ono-founh {'/.)
i~h maximum.
3) A~ry oWbuiWing sY~U ~dhue to the ssme wildfee req~emests.
4) Ygds shall be kapt clar ~'all liuu, slasti aod flammaAk de~is.
5) All flammable m~taisls shsll be staed on a prdid cm~our a minimum of fiftern (1 S) feet
away fmm any s~ruaure.
6) Wecds and grasxs within the ten (] 0) faot perimeter sMll be mainmined to a height not morc
than oix (6) inches.
~) Firewoodlwood piks shall be stacked on a parelkl conw~v a minimum of fiReon (I S) fcet
away from the struaurc.
8) Swimming pools and ponds shall bo sccessiblc by the local firo district.
9) Fences s6all be ke,pt clar of brush and debris.
10) Wood fences slull nd wnnect w aher muctures.
I 1) Fuel Wks s6dl be ioslallod tqiderground witl~ ~n epproved containa.
12) Propane tanks s6a11 be b~ried. if possibk, a inatslbd aixarding to NFPA SS uander~ a~ on
a canDOUr away from the stractme with standard defensibk spsce vegetation mifigation
around auy above@tound W~k. My wood encbs~ee aamd the tank slull be wnstructed with
materials approred for two (2) hour fire-rcsistive eonstructioa aa tMe extaior side of the
walls. '
13) Each sVucture s6a11 have a minimwn of one tm (10) pound ABC firc extinguisher.
14) Addrcsses shall be olarly marked with hvo (Z) inch non-eombustible kRers aod shall be
visible at the primary point of access from thc public w common access raad and instnlled on
a no~-combustible port.
IS) Utililies shall be extended underground.
1 I. The Applitant shall comply wrt6 the appliaabk codes md ~ecptimmenn of die Aapen Firc Protection
Dielria, inchding b~u na limitod to aocess, uuning aramd of firc apperaNa, inaWletia~ of en approved
fi~e sprinkkr sysam and provision of wata suppFy for fire flgMing.
12. 71~e Applicant shall comply with tl~e following measures ro mitigate impacts to wildlik:
A. Native veget~tipn slull be meiMained outside of the activity rnvelopes.
B. T~ash/garbage ahell ba kept in an appcoved beu rcsisunt container or eneiaswa during arai eRer
conshuction. Parsuant W the Counry's Wikllife Protection Ordinance.
C. Fencing s6a11 co~ply with the folbwing, exaxpt for fa~cing immediately ~jacent to the
buildinga to cadain pNS or livesrock:
I) Wood fenci~ shall empby three nils a lesa. 6e t6e rau~d or split niI type. sha0 not exceed
4B inches in Aeight above gound level u~d 12 i~hu in width (wp v'icw), and shell heve a~
Icast 18 inches between two of the reils.
2) Wire fencing ahell consist of no more tAan 3 strands of smaot6 wire snd shall nM exceed 42
inches in height.
3) All non-ca~Torming fencing on the property must be brought into complianca.
D. Avoid fruit-baring trees snd shrubs in my landscsping.
E. Conmuction workers shall be qcrhibited from bringing dogs on-siu during conswction.
11
ResalWfon Na.lG6 -2008
Page 6
F. Bird feeders, including Aummingbird faders, shall be huog away Trom a~ry declc a window, and
be st least tan (10) foet fran the pound susponde6 bMweai two (2) vees or posts. AII satl
keders thell inelude a seed caechment pn to cuch discaeded sad.
G. Horse gnin, pellas, md ca~ies s6s11 be stacd in bwr resialmt coMainen.
H. Pd food slull oot be kft oubide.
13. No developmem including geding, eucavatian, fill placaneot, bamin& ~~+P~~& ~n
removal or dirturhanx. well or sptic sysoem ahdl accw a~bide of dro approved activity enveloPa.
except as necesaary to comply with tho wiidfirc mitigdion me~sures described s6ove.
14. Prior to commarcemen[ of any earlhmoving a odror canwudion ectiviry, the Applicmn d~all sake
the cortwrs of the activity mvebpe and insall consvuction kncing eround drc ~mauuc~ion ske
within the paimeta of the activiry envelope. The fencing sAsll remain in place ~mtil isswnce of a
Certiticate of Occupancy.
I5. All arcxi disturbed by construction shall be ~vegeuted with netive shrubs end gasses within aie
growing season of tIu project's complction.
t6. No ealculations far heigM, bulic. setback. sia, floarma, a any other building and moing reqniranems
have ban caducrcd. 2Twse ~equirertients will be oa~sidered r the time of building pumk.
1 T. Failure to comply wiTh the caiditions of tAis approwl mq resuh in revocatian of this approval, ar
my subaequent pem~it(s) or approval(s) rclarod to this prayerty. or veucd rigAu associatod with this
P~~Y~
IS. SuWtary vested rights for the approval cmtaiaed hmein are grantad purwsnt W the Pitkin County
LendLse Code and Colaado Stduon, subjeet w tt~e exceptions set fonh in Pitkin Camry Land Uae
~§ ,2-20-170 ntd C.R.S. § 24-68-105. 71rc stnutary vemed ri~ts grmoed herein slnll erzpi~e a~
T. 10 ,201I.
IYOTICE OF PUBLIC HEARING PUBLISHED al THE ASPEN TRItEB VYEEIQ.Y a~ d~e l0~ day of
August. 2008.
MPROVED AND ADOPTED on the 10° day of Seqem6c, 2008.
PUBLISHED AFTER ADOPTI R VE31'ED REAL PROPERTY RiGA'1'S in the ~
Times Woeklv on tlrc ~ dry of ~. 2008.
SICNA'IURES ON FOLLOWMG PAGE
12
Ruolwron No.,~1008
Page 7
BOARD OF CWMY C011flH1$SIONBRS,
PITKM OOUMfY, CO(ARqpp
~ •
fieW.
'
ST:
1
lona. Ckrk a BOCC
APPROYED AS TO CONTENf;
C1 uUen
_~~C~
C~m~pY ~+'ebP~+p Ditacbf
POl6-0B
PID1R91101100052
APPROYED AS TO FORM:
~ - ~~J
Jdn E}y
CoumY AtbmcY '
~ _ ~~
13
SECRETARV OF THE INTERIOR'S STANDARDS
FOR THE TREATMENT OF HISTORIC PROPERTIES
SWndards for Rehabilitation
1. A property shall be used for its histnric purpose or be placed in a new use that
requires minimal change [o the defining characteristics of the building and its site and
environment.
2. The Aistoric tharacter of a property shall be retained a~d preserved. The removal of
his[oric materials or alteration of features and spaces that characte~ze a property
shall be avoided.
3. Each property shall be recognized as a physical record of its time, place, and use.
Changes that create a false sense of historical development, such as adding
conjectural features or architecturel elements from other bwldings, shalt not be
undertaken.
4. Most properties change over time; those changes that have acquired historic
significance in their own righ[ shall be re[ained and preserved.
S. Distinctive features, £nishes, and construc[ion techniques or examples of
craRsmanship that chaacte~ze a historic property shall be preserved.
6. Deteriorated historic features shall 6e repaired rather than replaced. Where the
severity of deterioration requires replacement of a distinctive feaNre, the new feature
shaN match the old in design, color, texNre, and oMer visual qualities and, where
possible, materials. Replacement of missing features shall be substantiated by
documentary, physical, or pictorial evidence.
7. Chemiwl or physical t~eatments, such as sandblasting, that cause damage to historic
materials shall not be used. The surface cleaning of struc[ures, if appropria[e, shall 6e
undertaken using the gentlest means possible.
8. Signifiwnt archeological rewurces affeded by a project shall be protected and
preserved. If such resources must be disturbed, mitigation measures shall be
undertaken.
9. New additions, extenor alterations, or related new constrvction shall not destroy
historic materials that characterize the property. The new work shall be differentiated
from the old and shall be compa[ible wiM the massing, size, scale, a~d architec[ural
features to protect the historic integrity of Me property and its environment.
10. New additions and ad~acent or related new construction shall be undertaken in such a
manner that if removed in the fuNre, the essential form and integrity of the historic
property and its environment would be unimpaired.
15
AI'~'R~~fED BY CONTRACT# o?6~g
RES~OLUTION ,
# io~, a~s~ ~-~ 03~ ~ 9 ~
OCCUPANCY DEED RESTRICTION AND AGREEMENT
FOR A RESTRICTED DWELLING UNIT
APPROVED PURSUANT TO SECTION 3-40-20(d)(1)(a)
OF THE PITKIN COUNTY LAND USE CODE
THIS AGREEMENT is made and entered into this ~~ day of Y~~d~
2009, by The Currie Cabot Barron and Thomas A. Barron Second Family Endowment Trust-
Dated June 28, 1994 (hereinafter referred to as "Owner"), whose address is 545 Pearl Street,
Boulder, Colorado 80302, located in the CounTy of Boulder, and the Aspen/Pitkin County
Housing Authority, a multi jurisdictional housing authority established pursuant to the SECOND
AMENDED AND RESTATED INTERGOVERNMENTAL AGREEMENT recorded at
Reception No. 445444 of the records of the Pitkin County Clerk and Recorder's Office
(hereinafter referred to as "Authority").
WITNESSETH
: WHEREAS, Owner owns real property more specifically described in Exhibit A,
attached hereto (hereinafter referred to as "Real Property"), which Real Properiy contains a
detached residential cabin containing approximately 450 square feet referred to in BOCC
Resolution No. 108-2008 as the Historic Cabin (the "Restricted Unit"). For purposes of this
Agreement, the Restricted Unit includes all appurtenances, improvements and fixtures associated
therewith; and
WHEREAS, this Agreement , imposes certain covenants upon the Real Property as
required by BOCC Resolution No. 108-2008 which restrict the use and occupancy of the
Restricted Unit to individuals and their families who are considered qualified residents pursuant
to the guidelines established and indexed by the Authority on an annual basis or by the Trustees
of Owner and members of their immediate family.
NOW, THEREFORE, in consideration of the mutual promises and obligations
contained herein, the Owner hereby covenants and agrees as follows:
1. Owner hereby covenants that the Restricted Unit described above shall not be
condominiumized. The Restricted Unit shall be maintained as a separate dwelling unit so
as to be capable of being occupied separately from any other residence to be located on
the Real Properly.
2. The use and occupancy of the Restricted Unit shall henceforth be limited to no more than
two (2) adults and related children who meet the definition of a"Qualified Resident", or
by the Trustees of Owner and members of their immediate family. "Immediate family"
shall mean a person related by blood or marriage that is a first cousin (or closer relative)
and his or her children. Owner shall have the right to lease the Restricted Unit to a
Qualified Resident of his own selection. Such individual may be an employee of the
Owner, provided such person(s) fulfills the requirements of the Qualified Resident.
RECEPTION#: 565197, 12/1012009 at •
11:14:58 AM,
1 OF 4, R$21.00 DF $0.00 Doc Code
DEED RESTRICT
Janice K. Vos Caudill, Pitkin County, CO
3. Owner shall not be required to rent the Restricted Unit and year-round occupancy shall
not be required. However, if rented, written verification of the occupant's qualifications
shall be completed and filed with the Authority by the Owner prior to occupancy thereof,
and such verification must be acceptable to the Authority. A signed and executed copy of
the lease shall be provided to the Authority by the Owner within ten (10) days of
approval of the occupant for the Residential Unit.
4. This Agreement shall constitute a covenant running with the Real Property as a burden
thereon for the benefit of, and shall be specifically enforceable by, the Authority, the
Board of County Commissioners of the County of Pitkin, Colorado, and their respective
successors, as applicable, by any appropriate legal action including, but not limited to,
injunction, abatement, or eviction of non-qualified tenants.
5. In the event of any legal action for the enforcement of this Occupancy Deed Restriction
and Agreement, venue shall be in the District Court in and for Pitkin County, Colorado,
and the prevailing party shall be entitled to an award of reasonable attorneys' fees and
court costs.
IN WITNESS HEREOF, the parties hereto have executed this instrument on this day and
year above first written.
THE CURRIE CABOT BARRON AND
THOMAS A. BARRON SECOND FAMILY
ENDOWMENT TRUST-DATED JUNE 28,1994
By•.~1 '.~ ~-~.
Thomas A. Barron, Trustee
ST~1TE OF COLORADO )
) ss.
COiJNTY OF 86vl~er )
Date: ~ . I v Zdo
The foregoing instrument was acknowledged before me this /8 day of
Se~bc.^ , 2009, by Thomas A. Barron, as Trustee of The Currie Cabot Barron and
Thomas A. Barron Second Family Endowment Trust-Dated June 28, 1994.
Witness my hand and official seal
My commission expires: //~3 ~Zoo y -
i~~.•.~ ~"~"~`-
Notary Public ~ ~
2
ACCEPTANCE BY THE HOUSING AUTHORITY
The foregoing Agreement and its terms are accepted by the Aspen/Pitkin County Housing
Authority.
THE ASPEAfi~LTHIN COUNTY HOUSING AUTHORITY
By: /l(,~%C,~
r1, Chairperson
^.a-ri ^ ~1 udti m
Mailing Address: Executive Director, Aspen/Pitkin County Housing Authority
530 East Main Street, Lower Level, Aspen, CO 81611
STATE OF COLORADO )
) ss.
COUNTY OF E ~ ~ )
The foregoing instrument was acknowledged before me this ''~ ~day of ~,
2009, by T , as Chairperson of THE ASPEN/PITKIN COUNTY HOUSING
AUTHORITY.
Witness my hand and official seal
My commission expires:
~l ~~9' ~MF31;TE
FJ~T~~,'~ P ~~EI~
~7'~T~ ~~ ~ lIf3L1C
~ ~~,~mr~~ro~a~o~°~°°
~xphes 07~~/i2
3
EXHIBIT A
LEGAL DESCRIPTION
A parcel of land comprised of the following described Patented Lode Mining Claims in the
Highland Mining District located in Section 36, Township 10 South, Range 85 West; Section 1,
Township 11 South, Range 85 West (Suspended) and Section 6, Township 11 South, Range 84
West (Unsurveyed) of the 6~' Principal Meridian more fully described as follows:
1). Alice Lode, U.S.M.S. 6453.
2). Houston Lode, U.S.M.S. 6732.
3). Calavaras No.2 Lode, U.S.M.S. 19091.
4). Pride of the West Lode, U.S.M.S. 5904
5). Pride of the South Lode except that portion conveyed to Daniel Bunta and Mary Manning by
Warranty Deed recorded at Reception No. 524643.
6). Denver Lode, U.S.M.S. 5762 lying Westerly of the centerline of Little Annie Road.
7). Lena M. Lode, U.S.M.S. 64531ying Westerly of the centerline of Little Annie Road.
8). Little Annie Lode, U.S. M.S. 2228 lying Westerly of the centerline of Little Annie Road.
9). Eureka Lode, U.S.M.S. 22271ying Westerly of the following described line:
Beginning at a point at the intersection of the center of Little Annie Road and Line 1-4 of said lode
whence said Corner No.4 bears S 74°04' W 20439 feet;
thence N 10°45'44" E 47.50 feet along the centerline of saicl road;
thence S 79°27'S7" E 96.92 feet to line 1-4 of said Eureka Lode;
thence N 04°03' E 287.2 feet more or less to the intersection of line 2-3 of the said Eureka Lode
(See Reception Nos. 445482 & 524653).
10). Loyal League Lode, U.S.M.S. 61251ying Easterly of the following described line:
Beginning at Corner No.2 of the J.M.E. Lode U.S.M.S. 6367;
thence N 10°08' E 486.95 feet more or less along line 2-3 of said J.M.E. Lode to the intersection
with line 106 of the Park Lode U.S. M.S. 5869;
thence East 25 feet more or less along line 1-6 to Corner No.6 of said Park Lode;
thence N 10° E to Corner NO.S of said Park Lode (See Reception No. 445482).
11). The South 305 feet of the Park Lode, U.S.M.S. 5869.
G:1C7imtlBarrvnViomfoo, LI,QOccupanry DeM Ratriclion end Agreemmt for a Restrieted Dwelting Unit 091009.doe
4
APPROVED BY
RESOLUTION
# IDS. ~ob~r ~- 03~. ~a~o9
GONTRACT #~~~.~07~
DEVELOPMENT AGREEMENT - VESTED RIGHTS
FOR
THE GREENWAY/LITTLE ANNIE MINE SITE
THIS AGREEMENT is made this ~ day of ~~~, 2009, by and between the
Board of County Commissioners (`BOCC") of Pitkin County, a political subdivision of the State
of Colorado (the "County"), and The Currie Cabot Barron and Thomas A. Barron Second Family
Endowment Trust-Dated June 28, 1994 ("Owner").
RECITALS:
A. Owner is the owner of approximately 40 acres of real property situated in the
County of Pitkin, State of Colorado, more particularly described in Exhibit A, attached hereto
and incorporated herein by this reference. In this Agreement, the property described on
Exhibit A shall be referred to as the "Property."
B. The Board granted approval pursuant to Resolution No. 108-2008 for the
Greenway/Little Annie Mine Site Historic Registration Designation, Activity Envelope, Special
Review and GMQS Exemption. The approval contemplated restoration of the existing cabin,
preservation of mine ruins, construction of a 1000 square foot cabin, and issuance of one (1)
TDR as an incentive for the historic designation. The vested rights were scheduled to expire on
September 10, 2011. The Applicant executed and recorded a Covenant Agreement for
Preservation of Historic Resources (Reception No. 554948) at which time one (1) TDR
Certificate was issued. The Activity Envelope Plan was recorded in Plat Book 90 at Pages 89
through 91 (Reception No. 558142).
C. On May 13, 2009, the Board approved Resolution No. (~~J -2009 which
extended the vested rights associated with Resolution No. 108-2008 to May 13, 2029.
NOW, THEREFORE, in consideration of the premises and the terms and conditions
herein stated and for other valuable consideration, the adequacy of which is acknowledged by the
parties hereto, it is agreed as follows:
1. Intent. It is the intent of the parties that this Agreement shall constitute a
development agreement as referenced in C.R.S. §24-68-104 for the purpose of establishing
vested property rights as defined therein for a period of twenty (20) years.
2. Right to Development/Vested Property Ri~.
(a) Owner shall have the right to undertake and complete development of the
Property pursuant to Resolution No. 108-2008, and to use, occupy, sell, encumber or lease
the Properiy and its facilities subject to the terms and conditions of said Resolution No. 108-
2008, the Activity Envelope Plan and this Agreement. Such rights shall vest in the Owner,
and its successors and assigns, as benefits and shall run with title to the land. Resolution
No. 108-2008 and the Activity Envelope Plan as approved by the County constitute a"Site
Specific Development Plan" pursuant to C.R.S. §24-68-101, et seq.
RECEPTION#: 565198, 12110/2009 at
19:14:59 AM,
1 oF 4, R$21.00 Doc Code AGREEMENT
Janice K. Vos Caudili, Pi4kin County, CO
(b) The development rights and uses described in this Agreement and/or included
in Final Approval Resolution are vested for a period of twenty (20) years from May 13, 2009.
During the 20-year vesting period ending May 13, 2029, Owner and/or its successors or
assigns shall not be subject to any addition, modification or amendment to the Land Use
Code or to any other regulation not in effect on the date of vesting which amends or has the
effect of amending any of the following: (1) any provisions of the Land Use Code which
restrict or eliminate the growth management exemptions approved in Resolution No. 108-
2008; or (2) the provisions of the Land Use Code which establish the amount of square
footage available through utilization of transferable development rights; or (3) the
regulations, requirements, standards and conditions concerning the following provisions of
the Rural and Remote Zone District in effect on the date of this Agreement (all terms are as
defined in the Pitkin County Land Use Code, unless otherwise noted): (i) maximum floor
area, or the calculation or definition thereof; (ii) minimum and maximum lot size;
(iii) building height; (iv) road, property ar stream setbacks; (v) grading and fill placement;
and (vi) preservation or creation of scenic view planes.
(c) Notwithstanding any other provision of this Agreement, no provision hereof
shall be construed to exempt Owner or any future owner from the requirements of Resolution
No. 108-2008, building permits, ar other necessary permits or approvals which become
applicable subsequent to the approval of this Development Agreement. The vested properiy
rights established hereby are subject to the terms of C.R.S. §24-68-105 with regard to the
discovery of natural or manmade hazards and rules of general applicability. No provision
hereof shall be construed to preclude the application of the Uniform Building Code, Fire
Code, Plumbing Code, Electrical Code, Mechanical Code, or other requirements reasonably
necessary for the protection of the public health and safety.
3. Amendment. This Agreement may be amended only by written instrument signed
by the County and the Owner.
4. Binding Effect. This Agreement shall be binding upon and shall inure to the
benefit of the parties hereto and their successors and assigns.
IN WIT'NESS WHEREOF, the parties have caused this Agreement to be signed the date
and year first written above.
2
THE CURRIE CABOT BARRON AND
THOMAS A. BARRON SECOND FAMILY
ENDOWMENT TRUST-DATED NNE 28,1994
By: ~ •
T omas A. B•ron, Trustee
STATE OF COLORADO )
) ss.
COUNTY OF Gbvid~ )
Date: ~QP • 1 ~ / ~oo~
_-~
The foregoing instrument was acknowledged before me this /8 day of
S'epte..~,ber , 2009, by Thomas A. Barron, as Trustee of The Currie Cabot Barron and
,,; ~.
Thomas A. Barron Second Family Endowment Trust-Dated June 28, 1994. ,;' "' "'""~ ,
.,• ~ ~~ ~ ~7 ~ .., ~A~
Witness my hand and official seal
My commission expires: // l3 / 2aa 9
BOARD OF COUNTY COMMISSIONERS
OF PITHIN COUNTY, COLORADO
,~Lt~ "c.;~;
ve s ,. .
:' ~ ~'°;
9 SQI' j e~ p~.~
..p : c~{' • t~
:~r: t -~~` ~t3 0 .-~.
rtr: ,l7 r-1s ;rr
.~c~. ~ ~.i~ y t3
~~ ~ ' iJ R ~'ia r~~arPpv~J,
Notary Public ' `t ~~`. ~i' ~'ti~.
By: ~ ~~L ~,~~}
Name: ' ~ _ ~. ,.e Y `~~ ~
Title:
STATE OF COLORADO )
) ss.
COUNTYOF~t~'-CI~G )
Th ~egoing instrume t was acknowl ed before me this ~ day of _ 1¢C~ ,
2009, by - y as / of the Board of County
Commissioners of Pitkin ounty, lorado.
Witness my hand and official seal
My commission expires:
~y~
K y_
[In ~c ..
`1• I~• ~~a
~~
Notary Pub '
3
EXHIBIT A
LEGAL AESCRIPTION
A parcel of land comprised of the following described Patented Lode Mining Claims in the
Highland Mining District located in Section 36, Township 10 South, Range 85 West; Section 1,
Township 11 South, Range 85 West (Suspended) and Section 6, Township 11 South, Range 84
West (Unsurveyed) of the 6'h Principal Meridian more fully described as follows:
1). Alice Lode, U.S.M.S. 6453.
2). Houston Lode, U.5.M.S. 6732.
3). Calavaras No.2 Lode, U.S.M.S. 19091.
4). Pride of the West Lode, U.S.M.S. 5904.
5). Pride of the South Lode except that portion conveyed to Daniel Bunta and Mary Manning by
Warranty Deed recorded at Reception No. 524643.
6). Denver Lode, U.S.M.S. 5762 lying Westerly of the centerline of Little Annie Road.
7). Lena M. Lode, U.S.M.S. 6453 lying Westerly of the centerline of Little Annie Road.
8). Little Annie Lode, U.S. M.S. 2228 lying Westerly of the centerline of Little Annie Road.
9). Eureka Lode, U.S.M.S. 22271ying Westerly of the following described line:
Beginning at a point at the intersection of the center of Little Annie Road and Line 1-4 of said lode
whence said Corner No.4 bears S 74°04' W 204.39 feet;
thence N 10°45'44" E 47.50 feet along the centerline of said road;
thence S 79°27'S7" E 96.92 feet to line 1-4 of said Eureka Lode;
thence N 04°03' E 287.2 feet more or less to the intersection of line 2-3 of the said Eureka Lode
(See Reception Nos. 445482 & 524653).
10). Loyal League Lode, U.S.M.S. 6125 lying Easterly of the following described line:
Beginning at Corner No.2 of the J.M.E. Lode U.S.M.S. 6367;
thence N 10°08' E 486.95 feet more or less along line 2-3 of said J.M.E. Lode to the intersection
with line 106 of the Park Lode U.S. M.S. 5869;
thence East 25 feet more or less along line 1-6 to Corner No.6 of said Park Lode;
thence N 10° E to Corner NO.S of said Park Lode (See Reception No. 445482).
11). The South 305 feet of the Park Lode, U.S.M.S. 5869.
G:\Cliem~BerronUiousroq LLC~Davelopment Agreement - Vested Righ6 for the Greenway Little Mnie Mine Site 091409.doc
4
APPf~t~~ED BY .
RESOLUT~ON ~~~v-rt~,CT # . ~
# /68.~a~ ~c-o.3 9 ~~ ~
DEVELOPMENT RESTRICTION COVENANT
This Development Restriction Covenant ("Covenant") is made and entered into this ~
day of s f.l'" 2009 by THE CURRIE CABOT BARRON AND THOMAS A.
BARRON COND FAMILY ENDOWMENT TRUST-DATED JUNE 28, 1994 (hereinafter
referred to "Owner") whose address is 545 Pearl Street, Boulder, Colorado 80302.
RECITALS
A. pwner is the owner of a parcel of land in Pitkin County, Colorado, more particularly
des~ribed on Exhibit A attached hereto and referred to herein as the "Property".
B. Pursuant to Resolution No. 108-20Q8 of the Board of County Commissioners of Pitkin
County, Colorado, Owner is entitled to construct a new 1000 square foot cabin on the
Property.
C. In connection with Owner's request for an extension of vested rights associated with its
right to construct said cabin, Owner agreed that it would not seek a building permit or
initiate such construction for a period of ten (10) years from May 13, 2009, the date on
which the requested extension of vested rights was granted.
NOW, THEREFORE, for valuable consideration, the receipt and sufficiency of which is
hereby acknowledged, and in order to satisfy Condition 3.C. of Resolution- No. -~~~,
2009, of the Board of County Commissioners of Pitkin. County, Colorado, the Owner hereby
covenants and agrees as follows: . ~
1. Neither Owner nor its successors or assigns shall apply for a building permit or
commence construction of the 1000 square foot cabin approved for development by
BOCC Resolution No. 108-2008 prior to May 13, 2019.
2. The Pitkin Cou.nty Community Development Department shall not be obligated to
process an application for a building permit for said cabin if submitted in violation of
Paragraph 1, above. •
3. This Covenant shall constitute a covenant running with the Property as a burden thereon
. for the benefit, of, and shall be specifically enforceable by the Board of County
Commissioners of the County of Pitkin, Colorado, by any appropriate legal action
including, but not limited to, injunction.
This instrument is executed on the day and year written below.
RECEPTION#: 565199, 12/10/2009 at
11:15:00 AM,
1 OF 3, R$16.00 Doc Code COVENANTS
Janice K. Vos Caudili, Pitkin County, CO
THE CURRIE CABOT BARRON AND
THOMAS A. BARRON SECOND FAMII.Y
ENDOWMENT TRUST-DATED JUNE 28,1994
By: ~ .
Thomas A. B on, Trustee
Date: ~E •'~ ~0~
J
STATE OF COLORADO )
) ss.
COUNTY OF 6~w(d2r )
The foregoing instrument was acknowledged before me this !g day of
Sc,otr~ b cr , 2009, by Thomas A. Barron, as Trustee of The Currie Cabot Barron and
Thomas A. Barron Second Family Endowment Trust-Dated June 28, 1994. ~s~.x~~'•""~"' '~<<<:~
Witness my hand and official seal
My commission expires: ///3/ 2~ 9'
~ yb ~4 ~ ~ - ~a~
~ '~W~' ~~. ~,wa.p a~~ '~arc
~~ ~0~^0 ~ ~ +•• w ~ 'i
~ ~v~ :,~~ -3 = y, r
~
~ "~• , r~~` ~~' L ~`£ a
~
~ ~"~,, , .`~~ ~J,°~~ ,~ ~
• ti
s ~ ~ ~
~~I~~~ ~`w .
^ ~'=,,.,r R''. •W~4~d~~~ ~~"~~,.A~
Notary Public -• ~-~ ~`~ ~~;;~~
, r:~oc~t~ ,, :~.~;.,
~
2
EXffiBIT A
LEGAL DESCRIPTION
A parcel of land comprised of the following described Patented Lode Mining Claims in the
Highland Mining District located in Section 36, Township 10 South, Range 85 West; Section 1,
Township 11 South, Range 85 West (Suspended) and Section 6,.Township 11 South, Range 84
West (i7nsurveyed) of the 6~' Principal Meridian more fully described as follows:
1). Alice Lode, U.S.M.S. 6453.
2). Houston Lode, U.S.M.S. 6732.
3). Calavaras No.2 Lode, U.S.M.S. 19091.
4): Pride of the West Lode, U.S.M.S. 5904
5). Pride of the South Lode except that portion conveyed to Daniel. Bunta. and Mary Manning by
Warranty Deed recorded at Reception No. 524643.
6). Denver Lode, U.S.M.S. 57621ying Westerly of the centerline of Little Annie Road.
7). Lena M. Lode, U.S.M.S. 64531ying Westerly of the centerline of Little Annie Road.
8). Little. Annie Lode, U.S. M.S. 22281ying Westerly of the centerline of Little Annie Road.
9). Eureka Lode, U.S.M.S. 22271ying Westerly of the following described line:
Beginning at a point at the intersection of the center of Little Annie Road and Line 1-4 of said lode
whence said Corner No.4 bears S 74°04' W 20439 feet;
thence N 10°45'44" E 47.50 feet along the centerline of said road;
thence S 79°27'S7" E 96.92 feet to line 1-4 of said Eureka Lode;
thence N 04°03' E 287.2 feet more or less to the intersection of line 2-3 of the said Eureka Lode
(See Reception Nos. 445482 & 524653).
10). Loyal League Lode, U.S.M.S. 61251ying Easterly of the following described line:
Beginning at Corner No.2 of the J.M.E. Lode U.S.M.S. 6367;
thence N 10°08' E 486.95 feet more or less along line 2-3 of said J.M.E. Lode to the intersection
with line 106 of the Park Lode U.S. M.S. 5869;
thence East 25 feet more or less along line 1-6 to Corner No.6 of said Park Lode;
thence N 10° E to Corner NO.S of said Park Lode (See Reception No. 445482).
11). The South 305 feet of the Park Lode, U.S.M.S. 5869
Cr.lClimt~Buron~Houstoq L~LC~Developmmt Reshiefion Covenart 091609.doc