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BOCUMENT LAYOUT THIS FILE MAY OR MAY NOT CONTAIN AL')I' bF THE INFORMATION LISTED BELOW IN THE FOLLOWYNG ORBER Summary Sheet Resolution for the BOCC and/or P~cZ Ordinance for the BOCC and/or P&Z Determination for the Hearing Officer Administrative Determination Staff Memo Application Public Notice, Acceptance Letter, Referral(s) Letter Site Plan Miscellaneous Plat(s) DETERMINATION OF THE HEARING OFFICER OF THE COMMUNITY DEVELOPMENT DEPARTMENT OF PITKINT COUNTY, COLORADO, APPROVING THE TROUTMAN 1041 HAZARD REVIEW, CONCEPTUAL SUBMISSION AND SUBDIVISION EXEMPTION FOR A LOT LINE ADJUSTMENT Determination No.~Q-2006 RECITALS 1. Janine Troutman ("Applicant") has applied to the Pitkin County Hearing Officer ("Hearing Officer") for 1041 hazard review approval of a building envelope for a single family residence, and subdivision exemption for a lot line adjustment to eliminate the lot lines between three merged parcels. 2. The pazcel is located on Chateau Way, and is more specifically described in Exhibit A. The parcel contains 5.043 acres and is anon-conforming size parcel in the RS-30 zone district. 4. The Applicant has demonstrated to the satisfaction of the County Attorney that the three parcels combined constitute a legally created parcel created prior to May 8, 1972 and with no apparent merger issues, therefore, the parcel is exempt from growth management up to 5,750 square feet of floor area. 5. The Hearing Officer considered this application at a duly noticed public hearing on May 16, 2006, at which time evidence and testimony was presented with respect [o the application. 6. The Hearing Officer fords that the proposed building, accessory building and landscape/utility envelopes are located on slopes of less than 30%, that the wildfire hazard is rated as medium and can be mitigated, and that development of a single family residence on this parcel will not have significant negative impacts to wildlife. 7. The Hearing Officer further finds that the proposed lot line adjustment to eliminate the lot lines between the three merged parcels is consistent with the applicable requirements of the Land Use Code: it will not create an additional parcel or increase the floor area of the resulting parcel, and the resulting parcel will remain nonconforming as tosize. NOW THEREFORE BE IT RESOLVED by the Pitkin County Community Development Hearing Officer that he does hereby approve the Troutman 1041 Hazard Review and Conceptual Submission, 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 applications 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 any earthmoving, access, or building permit applications, the Applicant shall submit a 1041 Hazard Review Site Plan/Lot Line Adjustment Plat to the Community Development Department for approval and recording. The mylar copy of the site plan must be signed by the owner prior to submittal for recording. The site plan shall be amended as follows prior to recordation: A. The Community Development Director signature block shall be revised for the Hearing Officer. ~l1000~, VT f3z,Il~IIII VII CIIpIIIIIPIIIIIIIIIIIINIIlIII IIII III 00 9520086 0202 Determination No~-2006 Page 2 B. Designate an access envelope to connect the building envelope to Chateau Way. 3. Prior to submission of an ISDS permit, the Applicant shall provide documentation to the Environmental Health Department as to an adequate quantity of water from a well. The well shall be located within the approved building or landscape/utility envelopes. 4. Prior to issuance of any building permit applications, the Applicant shall: A. Obtain an access/driveway permit for the driveway, which shall be approved by the County Engineer and the Community Development Department. The driveway shall have a minimum width of 16 feet with an all weather surface capable of handling the imposed loads of a 60,000 Ib fire appazatus and a turnaround with a minimum inside turning radius of 50 feet. The driveway shall originate at a right angle to Chateau Way. B. Obtain fireplace/woodstove permits from the Community Development Department, if necessary. C. Submit a drainage and erosion control plan For review and approval by the County Engineer. D. Pay the applicable road and employee housing impact fees. E. Obtain approval of a septic permit from the Environmental Health Department. The system shall be located within the approved building or landscape/utility envelopes, and must comply with the setback requirements from surface and groundwater sources. A qualified professional engineer must design the system. F. Join the Shield O Mesa Road Improvement and Maintenance Association and pay in full all past due assessments. 5. The Applicant shall comply with the following landscaping and wildfire defensible space mitigation standards: A. For a distance of I S feet around all structures, establish and maintain vegetation at 6 inches or less, with mowed grass, low growing perennials ornon-flammable material (rock mulch, pavers, sidewalk). Woody vegetation shall not be planed within this perimeter. B. Within 100 feet of all structures, thin the existing shrubby vegetation to break up the vertical and horizontal continuity of fuels. Thin the existing oak/serviceberry so the remaining clumps are no taller than 2 times the height of the existing plants. Spacing between clumps shall be 3 times the height of the clump. The area between the clumps shall have low growing vegetation (grass, flowers) that can be maintained at 6 inches or less. C. Remove the lower limbs of all shrubs up to half the total height of the plant to eliminate ladder fuels. D. Remove all deadfall within ] 50 feet of structures. E. The applicant shall be responsible for the continued maintenance of the defensible space vegetation requirements. 6. The applicant shall comply with the following additional wildfire mitigation standards: A. Roofs shall be constructed with a Class A roof covering or a Class A assembly. Wood shake/shingle roof coverings are prohibited. Roofs with less than a 3:12 pitch aze not permitted unless they comply with the following: 1) All roof coverings shall be noncombustible 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 the roof. 3) All roof designs shall facilitate the natural process of cleazing roof debris. 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 slope of 1:48. (~~j r~ IIIIIII VIIIIIIIIIIIII IIII IIIIII IIIIIII III VIII IIIIIillO 6y524S002:03 ~(Jt~vO2 Determination No~Q-2006 • • Page 3 5) Al] roof designs, coverings, or equivalent assemblies shall be specifically approved by the Fire Mazshal prior to submittal of a building permit application. B. Vents shall be screened with corrosive resistant wire mesh with mesh''/a inch maximum. C. Roofs and gutters shall be kept clear of debris. D. Yazds shall be kept clear of all litter, slash, and flammable debris. E. All flammable materials shall be stored on a parallel contour a minimum of 15 feet away from any structure. F. Weeds and grasses within the 10 foot perimeter shall be maintained to a height not more than 6 inches. G. Firewood/wood piles shall be stacked on a parallel contour a minimum of 15 feet away from the structure. H. Swimming pools shall be accessible to Fire Department vehicles. I. Fences shall be kept clear of brush and debris. J. Wood fences shall not connect to the structure. K. Any outbuildings or additional structures shall adhere to the same standards as structures. L. Fuel tanks shall be installed underground with an approved container. M. Propane tanks shall be installed according to NFPA 48 standards and on a contour away from the structure with standard defensible space vegetation mitigation around any above-ground tank. Any wood enclosure around the tank shall be constructed with materials approved for 2 hour fire-resistive construction on the exterior side of the walls. N. Each structure shall have a minimum of one 10 pound approved ABC fire extinguisher placed in a visible and accessible location. O. Addresses shall be clearly marked with 2 inch non-combustible letters and shall be visible and installed on anon-combustible post. P. New utility lines shall be buried within the driveway or the building or landscape/utility envelopes. 7. The Applicant shall comply with the following to mitigate impacts on wildlife: A. Dogs shall be kenneled, kept inside a structure, or leashed at all times. B. Install and use an approved bear-proof trash container. C. Native vegetation shall be maintained outside of the building envelopes. Native vegetation within the landscape/utility envelopes shall only be removed as necessary to install utilities. D. Fruit-bearing trees and shrubs should be avoided in any Landscaping due to the high level of black bear activity in this area. E. Fencing is prohibited to the south and west of Chateau Way, except within the building envelope. Fencing is permitted to the east of Chateau Way, but must comply with the following: Wood fencing shall employ three rails or less, be the round or split rail type, shall not exceed 48 inches in height above ground level and 12 inches in width (top view), and shall have at least 18 inches between two of the rails. Wire fencing shall consist of no more than 3 strands of smooth wire and shall not exceed 42 inches in height. F. Horse/livestock hay shall be fenced with 8' mesh game-proof fencing and horse grains, pellets, or cookies shall be kept in a bear resistant container. 8. All areas disturbed by construction shall be revegetated with native shrubs and grasses to limit water consumption and additional runoff within one growing season of the project's completion. 9. Prior to commencement of any earthmoving or construction activity, the Applicant shall stake the corners of the building envelope and install construction fencing around the perimeter of the building envelope. The fencing shall remain in place until issuance of a certificate of occupancy. I I II II III III 0G9 5/'Z2008fi 02 : ®a ®~~~~; JRNIIIIEIIIIIIIII~IIIIIII IIIIIIIIIIIIINIIIo R 0.00 D 0.00 Determination Not~tli-2006 Page 4 10. The Applicant shall provide the following for fire protection to the satisfaction of the Basalt and Rural Fire Protection District: A. Install an individual structure water supply and storage with a minimum capacity of 5,000 gallons. The Fire District may require additional capacity. The water supply shall be accessible to fire department vehicles within 100 feet of the exterior of the building(s) through the use of a hydrant approved by the Fire District. B. Install an automatic sprinkler system in all buildings, which system shall be supplied by stored water having a minimum capacity of the sprinkler demand times 30 minutes. C. Install a fire alarm with a minimum local alarm through an outside horn strobe and an interior alarm audible within the sleeping rooms that complies with the applicable sprinkler and alarm standard. ] 1. Lighting shall comply with the Pitkin County lighting standards in effect at the time of installation. 12. No development, including grading, excavation, fill placement, berming, landscaping, vegetation removal or disturbance, or septic system shall occur outside of the approved building and landscape/utility envelopes. Construction staging, parking, utility and driveway extension and maintenance shall occur within the approved building envelopes or the driveway. 13. The property shall be limited to a maximum of 5,750 square feet of floor area exempt from growth management. 14. Failure to comply with these conditions of approval may result in revocation of this permit or any subsequent permits related to this property. I5. 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 Code, § 4-140 and C.R.S., § 24-68-105. The statutory vested rights granted herein shall expire on May 16, 2009. NOTICE OF PUBLIC HEARING PUBLISHED in The Asoen Times Weekly on the 16'h day of April, 2006. APPROVED AND ADOPTED on the 16'" day of May, 2006. PUBLISHED AFTER ADOPTION FOR VESTED REAL PROPERTY RIGHTS in the Asnen Times Weekly on the ~ day of ~~, 2006. I IIIIII VIII IIIIII IIIIIIIII IIIII~IIIIIIII III VIII IIII IIIIO 69 5D 0.8002:03 ~~il~~i Determination No.~Y~2006 • Page 5 ATTEST: Bonnie Waechtler, Administrative Assistant APPROVED AS TO FORM: John Ely, "" County Attorney Case#PO65-04 PID #264515300022 COMMUNITY DEVELOPMENT DEPARTMENT HEARING OFFICER OF PITKIN COUNTY, COLORADO By -~°~ J R. True, Hearing Officer Date (a o G APPROVED AS TO CONTENT: Cin H uben, Community Development Director VIII II II VIII IIII III III II III III IIII I I III 06girJ5/'22008fi 02:03 JRNIDE K VOS CRUDILL PITKIN COUNTY CO R 0.00 D 0.00 ~.~~i:fQ ~X ~"I ~~ i' ~- LEGAL DESCRIPTION ALL THAT CERTAIN REAL PROPERTY SITUATE IN THE SW1/4, OF THE SEt/4 OF SECTION 15, TOWNSHIP 9 SOUTH, RANGE 86 WEST, OF THE SIXTH PRINCIPAL MERIDIAN, PITKIN COUNTY, STATE OF COLORADO, SAID REAL PROPERTY BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT AN ANGLE POINT IN THE WESTERLY LINE OF THE LANDS DESCRIBED IN THAT CERTAIN DEED GRANTED 70 HALE BY RECEPTION DOCUMENT #370685 (752 O.R. 252) AND SHOWN ON THAT CERTAIN PLAT FILED IN BOOK 31 A7 PAGE 91, IN THE OFFICE OF THE PITKIN COUNTY RECORDER, SAID ANGLE POINT BEING DISTANT NORTH 15'19'34" EAST 256.37 FEET FROM THE WESTERLY MOST CORNER OF SAID LANDS OF HALE, SAID ANGLE POINT BEING MARKED IN PLACE BY A 5/8" REBAR WITH RED PLASTIC CAP LS#7972; THENCE FROM SAID POINT OF COMMENCEMENT ALONG THE NORTHWESTERLY LINE OF SAID LANDS OF HALE NORTH 55'00'00" EAST 60.00 FEET; THENCE NORTH 58'44'00" EAST 224.65 FEET TO THE TRUE POINT OF BEGINNING OF THE -LANDS HEREIN DESCRIBED; THENCE NORTH 58'44'00" EAST 156.07 FEET; THENCE LEAVING LAST SAID LINE OF HALE, ALONG THE BOUNDARY OF THE LANDS QUIT CLAIMED TO JANINE TROUTMAN BY DEED RECORDED MAY 23, 2003 UNDER RECEPTION //483139 IN THE OFFICE OF THE PITKIN COUNTY RECORDER NORTH 33'19'40" EAST 60.00 FEET; THENCE NORTH 59'32'46" EAST 183.55 FEET; THENCE NORTH 38'53'33" EAST 190.00 FEET; THENCE NORTH 48.43 FEET; THENCE ALONG THE CENTERLINE OF A fi0 F00T WIDE ROAD EASEMENT NORTH 60'30'00" WEST 79.72 FEET; THENCE SOUTH 81'20'00" WEST (DESCRIBED AS SOUTH 01'20' WEST IN SAID RECEPTION #483139) 160.00 FEET; THENCE SOUTH 68'00'00" WEST 182.00 FEET; THENCE SOUTH 58'00'00" WEST 313.00 FEET (CALLED A TOTAL OF 306.00 FEET IN SAID RECEPTION x/483139); THENCE LEAVING SAID LANDS DESCRIBED BY RECEPTION #483139 SOUTH 8745'00" WEST 258.85 FEET TO THE EASTERLY LINE OF THE LANDS SHOWN ON THAT CERTAIN MAP ENTITLED "POWELL SUBDIVISION (AMENDED)" AS FILED IN PLAT BOOK 41 AT PAGE 20 IN THE OFFICE OF THE PITKIN COUNTY RECORDER, THE LAST FIVE COURSES BEING ALONG THE CENTERLINE OF SAID ROAD EASEMENT; THENCE SOUTH 00'54'45" WEST 353.82 FEET; THENCE LEAVING LAST SAID LINE OF POWELL SUBDIVISION, NORTH 63'18'00" EAST 43.15 FEET TO THE BEGINNING OF A TANGENT CURVE TO THE LEFT HAVING A RADIUS OF 601.10 FEET; THENCE 331.35 FEET ALONG SAID CURVE TO A POINT OF TANGENCY; THENCE NORTH 31'43'00" EAST 43.00 FEET; THENCE ALONG THE SOUTHWESTERLY LINE OF SAID LANDS DESCRIBED BY RECEPTION #483139 SOUTH 64'54'09" EAST 208.68 FEET TO THE TRUE POINT OF BEGINNING AND CONTAINING 5.043 ACRES OF LAND, MORE OR LESS. IIIIIIIVIIIIIIIIIIIIIIIIIIIIII~II~II~IIIIIIIIIIIIIIIIIII 6,/Z15/20086 02.03 .00 D 0.00 J®4`:0!) Page 1 of 1 Suzanne Wolff From: Carrington Brown Sent: Thursday, January 29, 2009 10:28 AM To: 'Janine@scenerental.com' Cc: Vicki Monge; Lance Clarke; Suzanne Wolff Subject: Notice of Violation agreement Good morning Janine and Ralf, Thank you for meeting with Suzanne and me yesterday about your property on Chateau Way. My understanding of what we agreed to is 1) The RV trailer may remain stored in its current location as long as it is not lived in. 1 understand that it is not connected to the electric power box located next to it and will remain so. 2) The County will allow the blue storage container to remain on the property as part of the imminent construction project for your home and you agreed to move it from its current location to the principle building envelope as soon as can be arranged. We discussed Aspen Earth Moving as having equipment that may be able to move/slide the container, Rick Stevens operates the company. 3) You will submit building plans for the construction project to Pitkin County within 30 days of yesterday's meeting. Wth this agreement made, I consider the Notice of Violation cured and will so inform Community Development. Thank you for working with us to resolve the Notice and if you have further questions or concerns please phone me at 379-6872. Carrington Brown Prtkin County Code Enforcement 970-429-2814 970-379-6872 'E3u~U07 ti29iz.oo9 Page 1 of 3 Suzanne Wolff From: Carrington Brown Sent: Wednesday, January 21, 2009 4:18 PM To: 'janine@scenerental.com' Cc: Lance Clarke; Suzanne Wolff Subject: RE: citizen complaint form Good afternoon Mr. and Mrs Gunning, Thank you for your a-mail, attached below. Please be advised that the per Section 10-40 of the Pitkin County Land Use Code, that "any person convicted of violation of any provision of this Land Use Code is guilty of a misdemeanor", consequently the rule given in my previous a-mail applies. As discussed when we recently met you at your property, the Notice of Violation is partially for the blue steel storage container on your property; the storage container meets the Pitkin County Land Use Code definition of a "building" (Definitions Section 11- 10) and "accessory\structure" (Definitions Section 11-10) and is therefore subject to the Land Use Code's permit process. The storag ,container is not considered a vehicle and the Notice of Violation made no mention of it being so. I understand that yo~l have requested an appeal of this Notice;of Violation. For your information, the Pitkin County Land Use Code is available on line at ~ /Iwww_as_penpitkin.com/ dfp sldepts/7l lluc chap01.pdf and Sections 10- 30 through 10-50 specify the Land Use Code's enforcement procedures and Sections 2-10-10 and 2-20- 180 specify the appeal process. If you have questions about either of those subjects please contact me at 429- 2814 / 379-6872, or Community Development planning staff at 920-5526. Sincerely, Carrington Brown Prtkin County Code Enforcement 970-429-2814 970-379-6872 From: janine@scenerental.com [mailto:janine@scenerental.com] Sent: Tuesday, January 20, 2009 10:18 PM To: Carrington Brown Cc: Carolyn Sackariason; Suzanne Wolff; Lance Clarke; W. Peter Subject: RE: citizen complaint form Deaz Mr. Brown: i :~ ~' -; _~ ~. The Colorado Open records Act states that public records such as this complaint be open to public inspection. Your email pertains to a person who reports a criminal violation. Parking vehicles on private land is not a criminal violation. Your belligerence in this matter is harassment, and you do not have the authority to withhold public information. Sincerely, Janine and Ralph Gunning -------- Original Message -------- Subject: RE: citizen complaint form 1/22/2009 Page 2 of 3 i. From: "Carrington Brown" <Carrington.Brow's@eo.pitkin.co.us> Date: Tue, January 20, 2009 4:18 pm To: <janine@scenerental.com> Dear Mr. and Mrs. Gunning, I write in response to your request for the names of people who submitted citizen complaints relating to your land-use violations. The identity of persons who report criminal violations is protected from disclosure by Colorado law. See, e. g., People v. District Court, 904 P.2d 874, 877 (Colo. 1995). The privilege protecting such persons from having their identities disclosed "encourages individuals to fulfill their obligation to disclose criminal conduct to law enforcement officers." Id. The purposes of the privilege are well-served in situations like this where a person seeks to, in your words, "learn who his enemies are", because it prevents the creation or escalation of tension among private citizens. The identity of complainants is also immaterial to the existence or non- existence of the violation at issue in this case, as it has been observed in plain view by county staff. Accordingly, I must deny your request for the identities of the persons who submitted the citizen's complaints relating to your violations. Sincerely , r•~ . Carrington Brown Carrington Brown Pitkin County Code Enforcement O]~cer 970-429-2814 970-379-6872 From:janine@scenerental.com [mailto:janine@scenerental.com] Sent: Sunday, January 18, 2009 7:47 PM To:Carrington Brown Cc:Carolyn Sackariason Subject: RE: citizen complaint form Dear Mr. Brown: We will ask you again to please release the names of the people you are claiming submitted citizen complaints. Thank you, Janine and Ralph Gunning -------- Original Message -------- Subject: RE: citizen complaint form From: "Carrington Brown" <Carrington.Brown@co.pitkin.co.us> Date: Thu, December 18, 2008 2:18 pm To: <janine@scenerental.com> Cc: "Lance Clarke" <Lance.Clarke@co.pitkin.co.us> Dear Mrs. Gunning, The complaint was a verbal citizen complaint and also a Community Development staff observation. Thank you - ~~u~~: 1/22/2009 Page 3 of 3 Carrington Brown Pttkin County Code Enforcement 970-429-2814 970-379-6872 From:janine@scenerental.com [mailto:ianineCa~scenerental com] Sent: Wednesday, December 17, 2008 7:53 PM To:Carrington Brown Subject: citizen complaint form Dear Carrington: Can you please forward the citizen complaint form pertaining to your notice of violation? Thank you, Janine Gunning fJ i/~U~® 1 /22/2009 Page 1 of 1 Suzanne Wolff From: Suzanne Wolff Sent: Wednesday, January 21, 2009 3'18 PM To: 'Janine@scenerental.com' Subject: Appeal fee due Hi Janine. Please note that a fee is required for us to process the appeal. My letter dated December 30, 2008 requested the required fee of $773 by January 16, 2009. It is my understanding that the fee has not been submitted. I am willing to extend the deadline to this Friday, January 23, since we subsequently extended the hearing date. However, if the fee is not received by that date, we will pull the item from that agenda and reschedule once the fee is submitted. Thank you. L ~ _~ 1/21/2009 PITHIN COUNTY COMMUNITY DEVELOPMENT DEPARTMENT 130 S. Galena Street Aspen, Colorado 81611 PHONE# (970) 920-5526/FAX# (970) 920-5439 December 30, 2008 Janine Gunning P.O. Box 11705 Aspen, CO 81612 Re: 420 Chateau Way -Appeal of Notice of Violation (PID #264515300022) Dear Janine: ~ The Community Devt~lopment Department has received your notice of appeal to the Notice of Violation. We hav~scheduled the appeal for review by the Board of County Commissioners on Wednesday, Janu "~ 2009, at a meeting to begin at 12:00 P.M. in the Plaza One Meeting Room at 530 East Main St., Aspen. Should this date be inconvenient for you, please contact me within 3 working days of the date of this letter. After that the agenda date will be considered final and changes to the schedule or tabling of the application will only be allowed for unavoidable technical problems. The Friday before the meeting date, we will call to inform you that a copy of the memo pertaining to the application is available at the Community Development Department. To retain this hearing date, please submit the required appeal fee of $773 ($748 for Planning; $25 web technology fee) to the Community Development Department by January 16, 2009. If you plan to submit additional information for the hearing, please provide 7 copies to me by Jan 009, so it can be included in the packet to the-B000. Ta~v~Z .~ If you have questions, please call me at 920-5093. Sincerely, ~ +: Suzatine Wolff Senior Planner ~~~u~~ December 18, 2008 Ms. Suzanne Wolff Pitkin County Community Development 130 South Galena Street Aspen, CO 81611 Dear Suzanne: Please allow this correspondence to serve as Notice of Appeal to the Notice of Violation for our property located at 420 Chateau Way, Pitkin County. We appreciate Mr. Brown referring us to your department because we feel he has made an error in his interpretation of the land use code. As requested by Mr. Brown, we have disconnected electrical power to our RV trailer. We aze happy to provide documentation showing there has not been power consumption from this location. The recreational vehicle is not suitable for occupancy. Mr. Brown defines our cargo container as an accessory structure. In the code an accessory structure is defined as "a use or structure that is naturally and normally incidental to, subordinate to, and devoted primarily to the principal use or structure on the land." A cargo container is not devoted to or incidental to a primazy residence. The container is not a building, constructed or installed, nor is it fixed to the ground. We are in the process of submitting our building permit application. We plan to build in the spring and remove the cazgo container. Please be aware we are currently involved in litigation over a boundary line dispute with our neighbor. Our neighbor has placed two vehicles and a camper on our land. We strongly protest the County forcing the removal of our vehicles from our land without forcing the removal of our neighbors' vehicles from our land. Please do not hesitate to contact me at 379-6603 for additional information. Thank you. Sincerely, Janine Gunning cc: Peter W. Thomas, Esq. f.~ Q ~;;~'~ 13 PITKIN COUNTY CODE ENFORCEMENT Courthouse Annzr Building 530 East Main Street, Suite 302 Aspen, Colorado 81611 10/21/08 Notice of Violation Mrs. Janine Troutman P.O. Box 11705 Aspen, Co 8 ] 612 Dear Mrs. Troutman, I am the Pitkin County Code Enforcement Officer and this letter is a Notice of Violation for your property located at 420 Chateau Way, Pitkin County. I have received complaint that a large metal storage/shipping container has been placed on this property and that the RV trailer on the property for some time may be being used as a dwelling. My own observation confirms that there is a large bluel, metal container commonly used for shipping on the property. 1 also saw what appears to be an electric power line running from the RV trailer to the electrical box near the RV trailer which leads to the possibility that the trailer is being used as a dwelling. The Pitkin County Land Use Code defines a structure as "anything constructed, installed or portable that requrres location on the ground...and includes... movable buildings. " The Code further requires that a structure be subject the Community Development permitting process. This storage/shipping container type structure as it sits on your property is defined as an accessory structure and in order to be successfully permitted there must be a primary structure for it to be an accessory to. This property does not have a structure other than the storage container. Consequently, this storage/shipping container is in violation of [he Pitkin County Land Use Code and there is no possibility of a permit being issued for it. The cure for this violation of the Pitkin County Land Use code is for you to have the storage/shipping container removed from the property by November 21, 2008. Regarding the RV trailer, please disconnect all electrical power from the power box to the trailer by November 21, 2008. Lastly, please contact me by phone or a-mail (carringb@co.pitkin.co.us) to schedule a confirmation inspection for these two items by November 21, 2008 and to discuss the use of the RV trailer. Thank you for your prompt attention to these violatigns of the County Land Use code. Sincerely, Carrington Brown Pitkin County Code Enforcement Page 1 of 3 Suzanne Wolff From: Carrington Brown Sent: Wednesday, December 10, 2008 1'56 PM To: 'Janine@scenerental.com' Cc: Lance Clarke; John Ely; Suzanne Wolff Subject: RE: 420 Chateau Way Good afternoon Mrs. Gunning, Thank you for your response regarding your Notice of Violation. The Notice of Violation issued for this property was based on careful examination of the Land Use Code and relative a-mails and involved discussion with Community Development staff. The Land Use Code section 2-20-180 (d) (1) provides the opportunity to formally contest a Notice of Violation within 15 working days of a Notice's date. In your case that date is long past However, I understand that you have been out of the State caring for your parents and may not have received the Notice in enough time to file an appeal on time. Due to this extenuating circumstance I am willing to extend the date for you to appeal this Notice of Violation to the 4:00 PM, December 19, 2008. To make an appeal send a written statement (e-mail will suffice) describing the grounds for your appeal to Suzanne Wolff of Pitkin County Community Development. Suzanne will advise you of the next steps and associated fees. Thank you Carrington Brown Prtkin County Code Enforcement 970-429-2814 970-379-6872 From: Janine@scenerental.com [mailto:janine@scenerental.com] Sent: Tuesday, December 09, 2008 9:48 AM To: Carrington Brown Subject: RE: 420 Chateau Way Dear Mr. Brown Thank you for your response The email sent by Suzanne Wolff approving temporary tenting was in April 2007, and did not contain the language you quoted. She wrote "temporary tenting is ok as long as it is in an accessory envelope and removed once construction is complete" without mention of a building permit. We rely on her interpretation and consider it to be valid given her position as senior planner with the county. More importantly, in the Land Use Code an accessory structure is defined as "a use or structure that is naturally and normally incidental to, subordinate to, and devoted primarily to the principal use or structure on the land." A cargo container and RV are not devoted to or incidental to a primary residence. The transportable container and RV are wheeled vehicles and not structures. Neither are suitable for occupancy nor fixed on the ground. If you would like to discuss this further, please do not hesitate to call me at 970-379-6603 Thank you. Sincerely, -~ ~'r'ln~i~oos ,.. Janine Gunning -------- Original Message -------- Subject: RE: 420 Chateau Way From: "Carrington Brown" <Carrington.Brown@co.pitkin.co.us> Date: Tue, November 25, 2008 9:14 am To: <janine@scenerental.com> Cc: "Suzanne Wolff" <Suzanne.Wolff@co.pitkin.co.us>, "Lance Clarke" <Lance.Clarke@co. pitkin.co.us> Good morning Mrs. Gunning, Page 2 of 3 Thank you for your response to my Notice. I have checked with Community Development staff and was informed that staff told you that a tent would be acceptable o~ if a building permit has been issued for the primary structure (per Suzanne Wolifs November 20, 2007 response to you, I quote, "Janine - Apparently a temporary tent is OK, once a building permit has been _s_sued and until the construction is complete. So you cannot have a tent up to store all of your stuff while you are gone, unless a permit has been issued). County records do not contain evidence of a building permit being issued for either a primary structure or accessory structure for this property. Therefore, please have the shipping container removed from the property per the Notice of Violation. As the original removal date of November 21, 2008 is now gone past I extend the removal date to ~Decembec20th, 2008. Regarding the RV trailer, further examination of the Land Use Code indicates that without a building permit for the primary structure a construction trailer (defined as an accessory structure) is prohibited. Consequently the RV trailer's presence is prohibited and it must be moved from the property. Please do so by December 20th, 2008. Thank you for your cooperation in this matter. Carrington Brown Pirkin County Code Enforcement 970-A29-2814 970-979-6872 From: janine@scenerental.com [mailto:janine@scenerental.com] Sent: Thursday, November 20, 2008 8:06 PM To: Carrington Brown Subject: 420 Chateau Way November 20, 2008 Mr. Carrington Brown Pitkin County Code Enforcement 530 East Main Street, Suite 302 Aspen, C081611 Re: 420 Chateau Way Dear Mr. Brown: Your notice of violation was recently received. I have been living outside of Colorado caring for my ailing parents. 3 ~9 tl r~ ~ F 12/18/2008 Page 3 of 3 Please be assured the RV trailer is not being used as a dwelling. The trailer is a place for construction meetings. In fact, the power box is not turned on. If you would like to review the billing history with Holy Cross I would be happy to provide the online information. We have never drawn power from the connection location, and only pay a $12 customer charge each month. The container holds construction supplies that need protection. We are delayed in our building plans, which will begin in the spring. Temporary tenting was given the OK by Pitkin County staff in 2007. It was determined that a container is mllc~i safer than the portable tent because of extreme weather and wind at that altitude. A tent can be placed over the container if you prefer. Please contact us at 379-6603 for additional information. Thank you, Janine and Ralph Gunning ',~ ~.1V~,~~i~~ 1 12/18/2008 r-__ . ' EARi41 MOYINO PEBMR APPLICATION Y3f-} ~~-7 130 S. Galena St. ~ Aspen. CO atstt Permit # _,~bZ~,__ _PEMtr s~o s2o 55zs Fax s~o.s2o sa3s Check p __a ~ `1 5 Permit Fee (rro reiurrdsJ $500 or 750 (circle one PexmA value for F menihs attar DATE OF APPROVAL Fees based OR N of CUbiC yd3: 500 Vt11C Yd.S WORK STARTED WITHOUT A PERMIT WILL BE CHARGED DOUBLE PERMIT FEES >SOO CUbiC YdS = $750 NOT A PERMIT VNLESS ISSUED BY COMMUNITY DEVELOPMENT VALID PERMIT MUST BE KEPT ON SITE AT ALL TIMES -TH!S APPLICATION IS REQUIRED FOR ANY EARTHMOVING WORK THAT INVOLVES THE MOVEMENT OF MORE THAN 50 CUBIC YARDS OF SOIL ,EXCEPTION FOR POUNUATION PERMITSI -TWO t2? COPIES OF ANY AND ALL INFORMATION REQUIRED MUST ACCOMPANY THIS APPLICATION FORM. -IF THE JOR DESCRIBED 9ELOW REQUIRES THE MOVEMENT OF MOAE THAN 500 CUEIIC YARDS. THE TECHNICAL WFORMATION AND UATA REQUIREMENTS SHALL BF_ PREPARED AND CERTIFIED BY A PROFESSIONAL. ENGINEER REGISTERED tN THE STATE OF COLORADO 1 Property OwnerA Malting ACklrtsss 2 Contact Phone;sl lne Tre ivr.o-vt Po 8wL ll-/vS ~s eve 3~1q-tLlav3 APPl cant Name i- a Appiraro Maltimg AAdress 60 '3 ox 1 ~ ~ o S AS Co I lD ~ a S. Same of Protec111F ANVI Po wen L.~ Yxn - Elo 1 Cnr, ss fi .tuh Aud*e:s U ao C V~}eo.v 1,Joy 'a Lagal DPSnption of Jch 7G Parcel ID M Src} 15 T4irISl,lp `1 Sw}ti Rah [ $(, lJ[S+of ( +l ~ 4 J ' y , 5 IS3 00 o ! (a ZZ P type nt maleriais Ic be excavated -- food be Se dlr} 9 Tyre of wnik ~ ._, ... nn ~~ ~~~~ ~~ 1,.- . I_ I J eemis ;__t Trenches ~_i Porxh Utigties iJ TradS I_; Other __ G W CA_.,b.v~_._lIY.Xiy, r l __ _-.__. - ...- ScnPe p'work -_......-._.- Total G'unu: vams (Cut S Fiiq n I y L u~K/,I'-2Y' ~y~ Iota: Cut 1° vy,Ole Lola: Fln /T ~~1 Ma>z LenMn ~ ~~ l.AJ 2 v = ~.4- ~.~~ ~ 1 Max Depth LI ~1. ~~ Max WMth "W~-.-~FIpFe Max HergH. T\ a. t t. Material Rrougnl from of i2 Malehal RtWghl Tc rr~yN/ --ll 1n~ _ 1 ,: a Is shy xnan d the APVSktWrnent pn,ppsal now cpmpfale? ;~x.YE3 [J NO U, V ` I~ Ted ~ ale 0 ~- 12b If yPS glvP rea5M5 RM data tot nALLSfrurtpn OSS ~ l C~ ~ ~IhR/ L.In~ t 3. WtN the protect reoui2 trio dislurbartpe <A the f 00 yagr hood pkin^ : y~ NO !i es, Please attach the County Food Pfam Devebpnrenl PemuL , s WIN trio Prgact asturo or result vn the removal d any vegeletron? YES ' N011 yes, a nevegetation plan Arlo security Is rc-pwred Eanhmovmg protects resunm in Iha dtsiurhance d >25,000 s h. ai v etron ire a rolessionel re fltan 15. Wiq me protect ash,m or result m the rertnval of any Lvetlend or riparian vegHafion? _ VES NOt yes tdeasa mclul]P any permits Irpn+ the EPA e~ I iSACE magellon 8 ravegetation plan is roquirad A any wetlarxi or riparian area is Impactetl by tlevebpment. f3 S lur, nL Dete S 3 0~ F LY L L +8. Re et n Security RPquUSO> YE5 _~ NO Water Oepf Appmval Data Nah,rel RaSOUrp}9 Approval Dale H yes BnKNI Date APPIiraUCr Received Dale PPrtni IsSUed Zonmg Approval Data EngvLeL.rting A{1provN Dr.IP Ccvnmanls -- INIC gPPLII AiICti 1S IIhIV<PEHMI*WYFN SSIIE06Y C41NMUNnY QEVFIpPIyENT ~/L"i,~za2d C~7tiiavrre~ireb Attorney at Law Also atlmiHetl in Cal'rfomia antl New VoA May 30, 2007 John Ely County Attorney 530 East Main Street, Third Floor Aspen, CO 81611 Re: Troutman /Hale Dear John: Suite 10 1280 Ute Avenue Aspen, CO 81611 Telephone: (970) 920-2310 Facsimile: (970) 920-2312 Ric;E~v~D JuN .o .< coo. PfTKIN COUIlT1' ATTORNEY I am enclosing a driveway encroachment survey done by Robert Hutton which deals with a driveway dispute, since resolved, between my client Janine Troutman, and a client of Lennie Oates, the Hales. There is currently a boundary line dispute relating to the line described as S 58"44'00" W and I am concerned that the genesis of that boundary line dispute may be driven by the house that the Hales have on their property. If the survey enclosed is correct, then the house encroaches substantially into the setback. I am also enclosing a police report which, in the very last paragraph on page 3, relates a conversation with Joanna Shaffner relating to the property line and driveway and the fact that no Certificate of Occupancy has ever been issued for the house. [think this is certainly a circumstance where the failure to closely monitor construction, and make sure they were in compliance with applicable codes, is coming back to haunt both the owner of the property, as well as the owner of the adjacent parcel. In any event, the purpose of this letter is to ask you to investigate the circumstances relating to the Certificate of Occupancy for the Hale residence and whether there is an encroachment into the setback. W"""e are simply asking that the Cotiinty comply with its procedures and policies and make sure that the Hales are in compliance with those procedures and policies. Finally, I am enclosing an email that David Hale sent to Janine Troutman which relates to both boundary lines and the Certificate of Occupancy. I think, if you. take a look at paragraph 3, that it reflects a certain contempt for the requirements relative to construction in Pitkin County and, more importantly, perhaps suggests why we are now embroiled in a boundary line dispute. In that regard, I am enclosing a copy of litigation relating to the boundary line. I would simply ask that Pitkin County take the steps that it is required to take relative to signing off on the Hale residence and making sure that it is in conformance ~Q;1;~© /I„/..,.,//.......,..iJ May 30, 2007 John Ely County Attorney Page 2 of 2 with applicable code provisions. To the extent that a determination cannot be made regarding setbacks because of the pending litigation, if that simply would be noted, that would be fine. However, everything seems to be in limbo and unfortunately, the failure to follow through by the County relative to signing off on the Hale residence has probably contributed to this current dispute. I would be more than happy to provide any additional information to you and as I said, Lennie Oates is representing the Hales and I am sure he would be happy to provide his perspective relative to the current situation. yours, Richard RC:aa Enclosure cc. Janine Troutman, Lennie Oates C\Documenfs and SeRioge\Allison\My Documents\Cusmmers\Troutmeq JaniceVohn elyJt[5.29.07.doc ,~~~(>l1 J ~+ 1 z m^ v~ q w o^s ~ ~~~~ ~<F ~ Oy~< N w~ o v J n r l~ 2 WI U W~ WI m 0 d ';$ ~° ~. ~~ \ ~ ;~~'"'s I~ o~! g i o~ ~ N oP ~ B -., ~Y ~ ~~ w° ` \ a~ J' W d' zZ J ~ •~1 ~ 3 G o~ ~" ~~ o x U d' ~ ~~ ~W ~ ? mom -^ V' ,~~~ OM ~ ~ ~\V ~ ~ ~O~ ~ U N p ~z~ J J ~ `'~a~ ~ ( /1 O~ „~Urn Zw ` " > L o W wzo 7 n~ ~ ~N ~ QYYp - •B m r< 2 Z~ d~ ' ,~' o n OO ~' ~ ~ .~ 1. d S ... a (A Fa G]n P"i~ ~O~W~ ~~0~ ~ -~ - U~ ~` } ~ -v w< ~"~ ~ ~'w N ~ W~U~ S a .t Q ~ ~ ~ . <t/= Z z ~ L~ J a ~ ~_ ~6 U ~ / V ~ ; ~ ~~ \ / ~~ JO Q047 W aw o ~ -~O ~ } W Q E W f a ti ~ ~ ~ O ~' ~ ~ ~ / 3 - ~ ~ n F 3 N J a * ~ \ U Z ~ m ~ ~N n \ 0¢FU awa ~ w¢ pp~ \~ A ~¢ ~N Z (/I q 8` a`Pa °~ ~couN~w N Z~ .~, Z ~~ N ~a~ S~ ~~~a J qq OUZO a \\1 ~ ¢ ~ M w 1 ~W~~¢ x z ~ ..., ~ ram R 0 ~~3w3 ~~7m~ ~~~s~ g~~~ R'~ ~~,.]~. Qq{•Ul': •••~ rS i \y N \ M \XI a `+~ z 3 O ~ J sa w ~L ~y o r ~ Z ~ ry m ~Za O m M a d' O ~ W ~ ~ d q Y r ~ O W ~ N o~ ~ Z J ~ W ~ ~ a~~ ~~ ~ ~W~pr \ ~ ~~~ ~ 9k 96 ~ Sri (FS ~ o \ ~o \ ~~\ ,: 5 N ~, aS~ ° W x _~ ~$ 9 En J~:~~~ 05/29/07 08:41 Incident Number: 07P000343 Nature: CIVIL/NON DOMES Addr: 501 CHATEAU WY ASPEN POLICE Deputy Report Case Numbers: Area: PCO7 City: PITKIN COUNTY St: CO Zip: 81611 Contact Complainant: Alert Codes: Lst: Fst: DOB: **/**/** SSN: Adr: Rac: Sx: Tel: Cty: Reported: Observed: Offense Codes: 7CIV CIVIL NON-DOMESTIC REPORT Circumstances: LT20 Residence/Home Responding Officers: HEARN, JAMES LUMSDEN, JEFF C LEMKE,BRIAN Page MELISA PERA Mid: St: Zip: 4366 1 Rspnsbl Officer: HEARN, JAMES Agency: PC Received By: GUYON,DIANE Last RadLog: **:**:** **/**/** How Received: 1 Clearance: CC Cleared Civil - Non When Reported: 15:52:33 04/26/07 Disposition: CCV Disp Date: 04/27/07 Occurrd between: 15:30:00 04/26/07 Judicial Sts: and: 16:49:00 04/26/07 Misc Entry: Modus Operandi: Factor Description Method INVOLVEMENTS: Date Description Relationship ~. ~ 05/29/07 ASPEN POLICE 4366 08:41 Deputy Report Page: 2 Narrative Section J Hearn 72 Fri Apr 27 13:30:03 MDT 2007 On Thursday, 04-26-07, at approximately 1650 hours I was requested by Aspen Pitkin County Combined Communications (APCCC) to respond t.o 501 Chateau Way, in Sheild'0 Mesa, for a report of a woman pounding on the front door and threatening to shoot the residents. En route I learned this disturbance occurred over a property dispute, no weapons had been seen and finally, that the woman and her boyfriend had now left the area in separate vehicles. APCCC also radioed the another male who works for these two people also just left this area in a white pickup truck. I met Pitkin County Deputies Lumsden and Lemke at the intersection of Snowmass Creek road and Watson Divide. There we stopped three vehicles, each occupied by one person. We contacted the three people, Janine Troutman, Ralph Gunning and Craig Peckat. Ms Troutman told me she was the property owner adjacent to 501 Chateau Way and was involved in a property dispute with the owner of that property. Ms Troutman told me she had moved a vehicle off her land and told the vehicle owner and renter at 501 Chateau Way Gary Pera, that he could be shot for trespassing on someone's land. Ms Troutman denied ever directly threatening to shoot Mr Pera, or his wife, Melissa Pera, who was also present. Ms Troutman told me she had gone to the door of the Per;s residence and yelled through it. Ralph Gunning, Ms Troutman's boyfriend, confirmed what Ms Troutman had told me. Deputy Lemke told me he had spoken with thf=_ contractor employed by Ms Troutman, Craiq Peckat. Deputy Lemke told me Mr Pf=ckat said he had not heard anyone threaten anyone else. Deputy Lumsden spoke with the Peras and the property owner, David Hale, by telephone. Ms Troutman told me this dispute was over a 10 foot strip of land between the two properties and had been ongoing for 13 years. Ms Troutman told me she did not have a residence on her property. Ms Troutman told me both she and Mr Hale had hired surveyors and this had failed to end the dispute. I told Ms Troutman she needed to have a court rule on the property dispute. I told Ms Troutman the property dispute was a civil matter and the Sheriff's department did not decide those issues. Deputy Lumsden informed me he also felt this was a civil issue. I informed Ms Troutman how to apply for a restraining order and reiterated that after 13 years of dispute it may be time to have a court decide on the property line. Ms Troutman told me Mr Hale had never gotten a CO for the residence and he had built it on her land. I took a case report for a civil dispute and gave the number to Ms Troutman. On Friday, 04-27-04 I spoke on the telephone with Gary Pera. Mr Pera told me his wife was going to apply for a restraining order today. Mr Pera told me he was concerned about the safety of his family. I told Mr Pera we did not find any weapons with Ms Troutman or Mr Gunning and I believed the treats were out of frustration over the ongoing property dispute and there was no intention of carrying them out. I told Mr Pera Ms Troutman had denied any direct threats and that Mr Gunning had agreed with this. Mr Pera told me Ms Troutman had made a direct threat to shoot him and the property owner, Mr Hale, had heard this over the telephone. I told Mr Pera I would speak with Mr Hale about this. Mr Pero told me when Ms Troutman drove his vehicle off the disputed :property he felt she could have run over him or Ms Pera. Mr Pera told me this was the first time he had seen Ms Troutman. I then spoke on the telephone with Mr Hale. Mr Hale told me he had parked Mr Pera's vehicle on the disputed property. Mr Hale told mi=_ he did hear ((~~pn~ ~fLUL 4-.2 05/29/07 ASPEN POLICE 4366 08:41 Deputy Report Page: 3 Ms Troutman threaten to shoot Mr Pera over the telephone. Mr Hale also told me this dispute had been going on for a very long time and was very frustrating. I told Mr Hale the same thing I had told Ms Troutman; he needed to have a court make a decision on the correct property line and then honor that decision. Mr Hale told me he would pursue this. I then contacted Mr Peckat, the contractor, by telephone. Mr Peckat told me he was involved in breaking up the argument between Ms 'Croutman and the Peras. Mr Peckat told me he did not hear anyone threaten anyone. Mr Peckat told me he heard a lot of yelling. Mr Peckat told me he did hear Mr ]?era call Ms Troutman a bitch and also heard Mr Pera yell "get this crazy bii=ch off my land". Mr Peckat told me he did hear Mr Pera tell Ms Troutman that Mr Hale parked the vehicle on the disputed property not Mr Pera. Mr Pec}cat told me he heard Ms Troutman say she was going to have the vehicle towed but when she saw the keys in it she got in and backed the vehicle of the disputed property. Mr Peckat told me he did not see this action threaten anyone. I then spoke with Assistant Deputy District Attorney Matt Walker. DA Walker agreed that this should be treated as a civil matter and it would be difficult to pursue charges against Ms Troutman. I then contacted Mr Pera on the telephone again. I told Mr Pera what Mr Peckat had told me. Mr Pera told me Mr Peckat was not present for the entire episode but that, yes, he had called Ms Troutman a bitch and yelled at her because he was upset about her yelling. Mr Pera again voiced concern about his family and said his kids were coming to visit soon. I told Mr Pera again I did not think Ms Troutman intended to carry out any threats she may have made. I asked Mr Pera if he would speak with Ms Troutman if she telephoned him. Mr Pera told me he was willing to do this. I asked Mr Pera if he objected to me giving Ms Troutman his telephone number. Mr Pera said she already had it. I gave the case report number to Mr Pera. I telephoned Ms Troutman. I explained the harassment statute to her. I told Ms Troutman that this was still being considered a civil dispute. I asked Ms Troutman if she were willing to speak with Mr Pera to try and arrange a way they could reside next to each other peacefully. Ms Troutman said she was willing to do this. Deputy Lumsden informed me he had spoken with Joanna Shaffner from Community Development and Joanna confirmed Mr Hale had not followed the property lines when he built his residence, had put his driveway on Ms Troutman's property and had never received a CO for the residence. Code Enforcement Officer Carrington Brown has been made aware of this situation. Case cleared / civil non criminal. --------------------------------------------- Responsible LEO: --------------------------------------------- Approved by: -------------------------- Date J~Ci.c~ f Web-Based Email :: Print Page 1 of 2 '1(9 s 11 ~~ Print I Close Window Subject: [FWD: Re: driveway encroachment] From: janine <janine~scenerental.com> Date: Tua, May 23, 2006 12:22 pm To: janine~scenerental.com janine troutman the Scene po box 9266 aspen, co 81612 970-379-6603 mobile 970-925-1446 facsimile 970-963-2285 office --Original Message ---- Subject: Re: driveway encroachment From: ChateauwayQaol.com Date: Sat, January 14, 2006 3:56 pm To: janine@scenerentai.com Janine, Sorry, I did not mean to insult you! Why would I want to do that? As I mentiohed, I was just throwing a number out there. Jeez, don't take it so personally! I had no idea what you expected for money. The lot our driveway is on cost you about 7,000. in back taxes, right? (I can't remember exactly and the numbers are hard to get to.) That is how much we got the D'motto lot for and you were willing atone point to exchange that for an easement. I had reasons for coming up with that as a baseline number. And I was honest about shooting from the hip on road construction costs. I wanted to get a real estimate from Franz (he is Jinx's son). ButPegardless, ' you countered with 50k. So let's negotiate! Now insofar as this 1/2 of an acre of encroachment goes... Could we get a permari~nl: easeiiieniti'' that goes with the sale of the house for use of your land that (sort of) makes up our backyard, use of the driveway, and could uue closedown,that road that heads on down the hill? It4seems to mb~!~r,~ we should at Least be in agreement as to•what we are talking about. And that is wOfRh rpore th~1 a I,:,• temporary easement on the driveway (obviously). But, why not just sell us that chuNc of Jand,we , . are talking about? Isn't that easier? You could sell it with pef~panent slip lations. = "' All of this other stuff about a CerGficste of Occupancy, I don't know why you care. I got sick of working on my house and never called for a final because our lender didn't care:,$o what?;The county is totally fine with coming in and doing a final inspection, telling me what they~4ke, and don't like and then I fix it. We discussed it at length with Tony Fusaro the head building inspector last ~ ' week. Yeah its a pain in my ass and I would raflier not do it, but why on earth would you care? As for our house being inside our set backs, this was not aimed at you personally either. As I have told you, I have a survey (that I have since found) that shows it is fine. I The bigger picture is: I never thought, nor did aRYone else, that those Jan Christiansen lots would ever get developed. I tried and toed to contact Christiansen through hty lawyer aC•ttie time'(F still have the comespondance) in order to gain'an easement or to buy the land. The former thinking on the subject by all the people in the county used to be that these lots were "illegal" and were undevelopable. You came along and proved everyone wrong. Kudos to you I say. But even when I told my original title insurer at Pitkin County title about the questionablity of using that driveway, he (Vince) told me, "Don't worry about that driveway, Jan won't dare ever show his face in this county again." I still remember that great advice! I can handle the fact that you outsmarted the rule-makers, I may even admire you for it, but don't blame me for not being able to see through a whole lot of bad assumptions that were the popular opinion 15 years ago. ~1 http://emailsecureserver.net/view~rint_multi.php?folder-INBOX&list=33 9/24/2006 . eb-Based Email :: Print Page 2 of 2 Futhermore, along these same lines, we have discussed building the driveway across; the D'matto lot and the powers-to-be in the county seem fine with that. The intent of the wording of our agreement was that we would not subdivide or build a house. But once again, why should you care? Maybe you don't want to look across at a new driveway there. I don't know... but I certainly don't want to pay for a new driveway either, so its not like I want to put a driveway in there (or anywhere else)! If we can't come to an agreement, I will just put it in wherever is chesipest -which might be where it is platted to go. do appreciate you being amenable to an easement or whatever. Let me know what you think... Dave Copyright ©2003-2006. All rights reserved. r ...,.. n. ~ n' t_ 4'll, .Il,., , , I i. iitts~ f' ~i J l1~liL (~ http://email. secureserver.net/view~rint_multi.php?folder=INBOX&list=33 t ., i ~ ::~ ~'~ ~, 9/24/2006 L%~i.ti ~~ .. ~ ~1 DISTRICT LOUR"I', PITKIN COUNTY, ~ ~ '~ ~ ~ " ' ,, _' 0 COLORADO 506 East Main Street Aspen, Colorado 81611 Plaintiffs: David S. Hale and Susan C. Hale ~ FOR COURT USE ONLY ~ v. Case Number. 07 CV Defendant: Janine Troutman ~~ ~ ~ Leonard M. Oates Ted D. Gardenswartz Oates, Knezevich, Gardenswartz & Kelly, P.C. 533 E. Hopkins Avenue, Third Floor Aspen, Colorado 81611 Telephone: (970) 920-1700 Facsimile: (970)920-1121 e-mail: Imo ~,okelaw.com; td~la~ok¢law.com Attorney Registration No.: 2760; Attorney Registration No.: 14092 PLAINTIFFS' PETITION TO ESTABLISH DISPUTED PROPERTY BOUNDARY Plaintiffs, David S. Hale and Susan C. Hale, by and through theirattorneys Oates, Knezevich, Gardenswartz & Kelly, P.C. bring this action against the Defendant, Janine Troutman, pursuant to the provisions of C.R.S. §38-44-101 et seg. and in connection therewith allege as follows: 1. Plaintiffs are the owners of the real property described in Exhibit "A" attached hereto ("Plaintiffs' Property"). 2. To the best of Plaintiffs' knowledge and belief, Defendant claims to be the owner of the property described in Exhibit "B" attached hereto ("Defendant's Property"). 3. The common boundary as between the property of the Plaintiffs and Defendant is disputed. ((yy ~VC1Li DISTRICT COURT, PI"fKIN COUNTY, STATE OF COLORADO Case No. 07 CV _ PLAINTIFF'S PETITION TO ESTABLISH DISPUTED PROPERTY BOUNDARY Page 2 4. PlaintifTs allege that the boundaries and corners of Plaintiffs' Property are the true ones, and the boundaries and corners of Defendant's Property claimed by Defendant are not the true ones. 5. Plaintiffs desire to have the boundaries and corners ascertained and permanently established pursuant to C.R.S. §38-44-101 et sec . 6, Plaintiffs request that the cost of this proceeding shall be taxed as the. Court deems appropriate pursuant to C.R,S.§38-44-111 WHEREFORE, Plaintiffs request that the Court appoint a commission of one or more disinterested licensed Colorado Surveyors to proceed to locate the disputed corners and boundaries as between the Plaintiffs' Property and the Defendant's Property. DATED: May, 2007 Respectfully Submitted, OATES~ 1~1 Z~Y'[t;H, ISARDENSWARTZ & KELLY, P.C. ~ ~ ~ ~ ` - `~~ Ted D. ar ns~ Leonaz M.Oate~ Attorney for Plaintiffs 533 E. Hopkins Avenue, Third Floor Aspen Plaza Building Aspen, CO 81611 (970)920-1700 (970) 920-1121 telefax ,~~t)(L` GXI IIBIT A Parcel 2: A Tract of land located in the SWl/4 of the SE1/4 of Section 15, Township 9 South, Range 86 West of the 6`" Principle Meridian, Pitkin County, Colorado, described as follows: Beginning at a point, said point being on the center line of a 60.00 foot road easement, which is North 0°20'East 485.89 feet and East 388.48 feet from the South Quarter comer of Section 15, Township 9 South, Range 86 West of the 6'~ Principle Meridian, and running thence South 58°West, 153.00 feet along said centerline of said road easement; thence South 23°40'06" East 94.96 feet also to a point along said road easement; thence South 64°54'09" East 208.68 feet; thence North 58°44' East 156.07 feet; thence North 33°19'40" East 60.00 feet; thence North 59°32'46" East 91.55 feet; thence North 76°11'38" West 346.72 feet to the point of beginning. Contains 1.59 acres more or less. Said Parcel is also known as Lot 2, Snowmass Mesa, and is described'. as Pitkin County Assessor's Parcel No. 2645154000019 and on Schedule No. R016479 of the Pitkin County, Colorado, Treasurer. Parcel 3: A Tract of land located in the SWI/4 of the SE '/. of Section 15, Township 9 South, Range 86 West of the 6`" P.M., Pitkin County, Colorado, described as follows: Beginning at a point, said point being on the centerline of a 60 foot road easement, which is North 0°20' East 485.89 feet and East 388.48 feet from the South Quarter Corner of Section 15, Township 9 South, Range 86 West of the 6s' P.M., and running thence North 58°East 153.00 feet; thence North 68°East 182.00 feet; thence North O1 °20'East 160.00 feet; thence South 80" 30' East 79.72 feet, the last four courses being along the centerline of said road easement; thence South 48.43 feet; thence 38°53'33" W.190.00 feet; thence South 59°32'46" W. 92.00 feet; thence North 76°11'38" West 346.72 feet to the point of beginning. Contains 1.80 acres more or less. Said Parcel is also described as Pitkin County, Colorado, Assessor's Parcel No. 2645 1 54000 1 7 and on Schedule No. R006383 of [he Pitkin County, Colorado, Treasurer. :~i~1.;30 EXHIBIT B A Tract of land situated in the SW %. SE '/. of Section 15 and the NW '/. NE '/. of Section 22 all in Township 9 South, Range 86 West of the 6'h Principal Meridian, lying northerly of the center line of a 60 foot roadway as constructed and in place described as follows: Beginning at a point on the center line of said roadway whence a rock properly marked and in place set for the SW comer of Section 15 being the same as the NW corner of Section 22 bears North 84°30'31" West 3094.15 feet; Thence North 48°20'41" West 147.53 feet along the center line of said road; Thence North 86°20'50" West 111.67 feet along the center line of said roadway; Thence South 89°38'49" West 28.24 fee[ along the center line of said roadway; Thence North IS°19'34" East 256.37 feet; Thence North 55°00'00" East 60.00 feet; Thence North 58°44'00" East 380.72 fee[ to a point whence said Section corner bears South 84°58'04" West 3285.03 feet; Thence South 65°39'35" East 333.47 feet; Thence South 48°00'00" West 667.76 feet to a point in the center of said roadway the point of beginning. County of Pitkin, State of Colorado ;~a:i~31 ~,~24'07 02:15p rr. 9709253077 p.1 8 PAGES TOTAL, INCLUDING THIS PAGE May 24, 2007 Attention: Catherine Berg From: Janine Troutman 970-379-6603 Dear Catherine: I received your voicemail message about the requirement in my 1041 approval. However, I have paid the Road Association dues. Please seethe attached information. I am paid in full. Please do not hesitate to contact me with any questions. If for some reason you are not going to issue the earthmoving permit for thf; power line, please return the $500 check to: PO Box 11705 Aspen, CO 15612 Thank you, Janine Troutman 970-379-6603 May 24'07 02:15p 9709253077 p.2 Attorney At Law Suite ] 0, ]280 Ute Avenue Aspen, CO 81611 Telephone: 920-2310 Facsimile 920-23]2 r~.,,..n. ---~-- - MEMORANDUM TO: Aspen Building Department 130 S. Galena Street kspen, CO 81611 r~AT~: Apri124, 2007 RE: Janine Troutmah The Declaration of Protective Covenants for the Shield O'Mesa Improvement and Maintenance Association were entered into on July 21, 1997. They were intended I:o bind all persons and other entities "who now oa•n title in fee to any oftlte lots in Shield O'Mesa area as ofthe date of these protective covenants..." Any ofthose person or entities were alipwed to become members of the Road Improvement and Maintenance Association As of that date, Ms. Troutman did not own a lot nor did the ]oi that she currently owns exist. The county had prohibited the issuance of building perrnrts however, by Resolution 97-156, the county Jilted the restriction provided that any property owners who use Mesa Road and who arc not yet members of the Association join as a condition of any land use approval or building permit requ@sled from the county "to the extent permitted by law". Ms. Troutman purchased several properties and received approval, recognizing her lot, and the ability to construct a single family residence, in approximately May 2006. In a show of good faith, Ms. Troutman sent $4,000.00 to the Road Improvement and Maintenance Association as required by Exhibit "D" to the Declaration of Protective Covenants for the Road Improvement and Maintenance Association. The $4,000.00 represented an option that was available to property owners to pay a one time $4,D00.00 fee for undeveloped property, as opposed to making a yearly payment over ten years. Ms. Troutrnan acted in good faith and in accordance with the protective covenants of the Road Improvement Association. A copy of the transmittal letter and a copy of the check are attached as Exhibit "A". I subsequently sent a second letter to the Road Improvement Association's legal counsel pointing out that as there was no legal means to compel membership in the Association, membership was voluntary and Ms. Troutman voluntarily agreed to join, pay the amount called for under the protective cove~tants, and consent to allow the deed restriction to run with her property. A Dopy of that communication is attached as Exhibit "B". The Association is making a claim for a substantial amount ofmoney when there is no legal basis to make that claim, in cgutrast 20 Ms. Troutntan's Tendering of the one time payment '~~j~33 ~~OI ZiE2-OZ6(OL6) lJa C i Till .~ ~~ .~ _ _ _ May 24,07 02:15p 9709253077 April z4, zoo7 Aspen Building Department Page 2 oft 'assessment provided for under Exhibit "D" to the protective covenant. p.3 You may note that I have suggested to the Association that if there is a dispute relative to what Ms. Troutman's obligation is, we would be happy to submit that to the court. They have not taken up that invitation and we ]lave tendered our initial capital contribution and continue to pay current assessments as they become due. It is also worth noting that Resolution 97-156 provides that membership in the Association is nst required until a property owner uses Mesa Road. Obviously, Ms. Troutman did not use Mesa Road until currently (her lot did not exist until May 2006). She has attempted to comply with the protective covenants and relative to any dispute that may exist between the Boazd for the Road Improvement Association and Ms. Troutman, that is not an issue that the county should insinuate itself into. Ms. Troutman ltasjoined the Road Improvement Association, has paid assessments, and accordingly, there is no impediment relative to the Road Improvement Association which would preclude the issuance of a permit. RESPECTFULLY SUBMITTED this ~; day of ~^~ ~7~ t ! , 2D07. Richard Cummi CanocumenLS and Senings~Allisanubty DocumemslCusromerslTrouhrten, )miine'.M17emo fmm Janine Troutman m Bvildin~n DepamnenLa,24 U7 doe ,.JIyU~..:J c'~ ~rc~_naa rni ce uosrrru ecncnr in c~ ~du May 24 07 02:16p ~r~ ~~~~ Attorney a t La iv Plso admitled in CaiAamia arA New York October 4, 2006 The Shield O'Mesa Road Improvement And Maintenance Association 0201 Chateau Way Snawmass, CO 81b54 Re: Janine Trouhnan To PJhom It May Concern: 9709253077 p.4 Suite 201 450 South Galena SVeet Aspen, Colo2do !31611 Telephone; (970) 9202310 Facsimile: (970)920-2312 Ms. Troutman has retained these offices relative to property she owns in Shield O'Mesa. In May of 2006, approximately four months ago, Ms. Troutman's property was finally acknowledged by the county as sufficient'o allow fer the construction of a single family residence. Obviously, prior io that lime, there was no property that was developable nor u+as the road to that property used by my client. In that regazd, I have renewed certain documents, and more particularly Resolution 97-156, which as you aze probaoly awaze, relates to the road improvement association for Mesa Road, and as is pertinent to this discussion, directs that any property owners "who use Mesa Road. ,."to join the association. Now that Ms. Troutman has had her land recognized as a developable parcel, we would like to join the association and aze accordingly tendering the initial amount of $1,000.00. Obviously, while it is azguab]e whether we have begun to "use° Mesa Road, as a show of good faith, ~++e simply wanted to pay the initiation and we are agreeable to commencing the $500.00 monthly assessments as of May 2006, the month in which Ms. Troutman received approvals tom the county, 1 am not stue how billing works for the yeazly assessment relative to the road but t would ask that you send a bill to this office relative to ghat Ms. Troutman's obligation would be cormencing May 1, 2006. I understand that the association has made a demand for approximately $13,500.00 however, :here is no legal basis for such a demand and I would simply point aut as a matter of equity drat when Ms. Troutman made her initial purchase, that purchase agreement reflected that all assessments had been paid in full. However, that is simply an equitable issue and we are simply looking to become an active participant in the community and honor our financial obligations relative to the road improvement association. in order to move the process along, you may feel free to deposit Ms. 'I'routman's check without prejudice io any rights you believe you may have to past due assessments. EX ~ 1~1 T rn; May 24 07 02:10p 9709253077 p.5 .4~i'c6irnd ('utnrr:uy ~++rau t1E .L'auu October 4, 2006 The Shield O'Mesa Road Improvement And Ivfaintenance Association Page 2 of 2 , We can then jointly seek relief from the court in the form a declaratory judgment action aztd ask the court to advise us relative to what, if any, additional obligations Ms. Troutman has, While I believe that there is no ambiguity relative to what Ms, Troutman's obligations are, I wanted to preserve foz the road association any rights the road association believes it has. We would reserve our rights relative to a request for attorneys fees since I don't believe there is any ambiguity; the resolution very clearly directs that a property owner may join when that property owner `5,ses" Mesa Road. - Please feel free to contact me with any questions or concerns and again, we would be more than happy to jointly participate in a request for declaratory relief' in the Pitkin County District Court relative to any concerns you may have about past assessments, or for that matter any other concern. RC:aa ce. Janine Troutman C:1Docsme~rs end SeningslAllisonUty Doeumenn:lCuslomeml7reuhnan, JenmelThe Shiold O'Mesa AssociazioNtr.70.4.06.doc `r~ ~ JU~LiLV s•d atez-ozstor.s~ u o c r r r u o ..., . ,. + ... .... ._ ~.. ay 24 07 02:16p N g~ q ~' O $~ - 8 es o Ya .~ t~ a ~N~ Nn rn ,,,~ ` '~ o Yd ~' ' "! ~!'A~4 NN )C .~i ~ - ~~ ~Sz r~ 'h~ Y)1 .: r a, ~ , '.. STT'^~" Fa ~ ~}~G ~ 4PCi Fl ~ V Mg y~V:yY~ ¢_ ~'^ ~ ~ 7'm°, _ _ io - ~ y ~ m /~ y O N ` ~~~ "~~O WrU Zmyyw $d 7~Q Ta~ n O I `~"I ~~ 0~° ~~ 9'd 7TR7-n~c rn/ci 9709253077 p.6 May 24 07 02:16p ~~~ ~~ Atlorney at Law ~~ k/[ID W6~{9~~`9M 9709253077 p.7 ~0~~.:3~ 9709253077 P 8 May 24 b7 02:17p a Jtic(taxd ~sm+nind Qllonnrry QL .Lam December I8, 2D05 William T. Phillips Attorney At Law Page 2 o f 2 ' position, which would presumably be a consent form to joining the Road Improvement - Association signed by a prior owner of Ms. Troutman's land, then 1 thirk the matter is moot. lA/e would be happy to sign that consent form and I suggest that protocol for the Pssxiation would have a consent form being sent to Ms. Troutman for signature so that the issue, at least prospectively, is put fo res±_ Obviously, if we havc to defend a claim by the Association, we will seek attorney's fees as the paper trail that we have reviewed indicates that there is no legal basis to compel membership, That voluntary consent is required, and that any predecessor in interest to Ms. Troutman did not sigcl any consent to j oin the Association. If I have misunderstood anything, please don't hesitate to contact me- ®;~ 3`.3 RC:as Enclosuye cc. J/Janine Troutman CaDoeumenls ana SrningsWllisoriQvlV {)oeumenLS\CustomerslTmutman, IanindWilliam Phlllips.1m 12.18.06.do;. 9709253077 P 9 May 24 07 02:17p Atrorney At Law Suite 10, 1280 Ute Avenue Aspen, CO 81611 Telephone: 920-2310 Facsimile 920-23]2 Email: rcumminslaw(crraol.com MEMORA1tillUM TO: Aspen Building Department 130 S. Galena Street Aspen, CO 8 ]611 DATE: April 24, 2007 RE: •Tanine Troutman The Declaration of Protective Covenants for the Shield O'Mesa Improvement and Maintenanoe Association were entered into on July 21, 1997. They were intended to bind at] persons and other entities "who now own title in fee to any of the lots in Shield O'Mesa area as of the date of these protective covenants..." Any ofthose person or entities were allowed to become members of the Road Improvement and Maintenance Association As of that date, Ms, Troutman did not own a lot nor did the lot that she curtendy owns exist. The county had prohibited the issuance of building permits however, by Resolution 97-156, the county liftedthc restriction provided that any property owners who use Mesa .Road and who are not yet members of the Association join as a condition of any land use approval or building permit requested from thecounty "to the extent permitted by [aw". Ms. Troutman purchased several properties and received approval, recognizing her lot, and the ability to construct a single fami]y residence, in approximately May 2006. In a show of good faith, Ms. Troutman sent $4,000.00 to the Road Improvement and Maintenance Association as required by Exhibit "D" to the Declaration of Protective Covenants for the Road Improvement and Maintenance Association. The $4,000.00 represented alt option that was available to property owners to pay a one time 9;4,000.00 fee for undeveloped property, as opposed to making a yearly payment over ten years. Ms. Troutman acted in good faith and in accordance with the protective covenants of the Road Improvement Association. A copy of the transmittal letter and a copy of the check are anached as Exhibtt "A". I subsoquently sent a second {etter to the Road Improvement Association's legal counsel pointing out that as there was no legal means to compel membership in the Association, membership was voluntary and Ms. Troutman voluntarily agreed to join, pay the amount called for under the protective covenants, and consent to allow the deed restriction to run with herproperty. A copy of that communication is attached as Exhibit "B". The Association is making a claim for a substantial amount of money when there is no legal basis to make that claim, in co~atrast to Ms. Troutman's tendering of the one time paymen[ JE~~'.4~ May 3, 2007 Attention: Catherine Berg Pitkin County Planning Engineer RE: Pazce12645-153-00-022 Thank you for your time yesterday. As discussed, the scope of work was digging a trench for a power line installed by Holy Cross Energy. The trench was Oft deep and 10-24 inches wide. The final inspections have been passed, the trench is back filled and no more work is required. The left-over piles of dirt will be re-graded into the natural contours of the land and will not disturb drainage ditches or cause erosion. A thin layer of mulch will be scattered on top. 'Thank you. Janine Troutman 970-379-6603 ?dv°~41 MEMORANDUM TO: Jim True, Pitkin County Hearing Officer FROM: Suzanne Wolff, Senior Planner*(,~ C1 RE: Troutman 1041 Hazard Review, Conceptual Submission and Subdivision Exemption for a Lot Line Adjustment DATE: May 16, 2006 SUMMARY: The Applicant is requesting to designate a building envelope for a single family residence and to merge three adjacent parcels. The Applicant submitted a title commitment for the merged parcel, as required by the Code. The County Attorney has requested additional information from the Applicant to ensure that the title is clean; if this documentation has not bee provided to the satisfaction of the County Attorney prior to the hearing, staff will request a continuance. APPLICANT: Janine Troutman LOCATION: Chateau Way, Shield O Mesa ZONING: The parcel contains 5.043 acres and is anon-conforming size parcel in the RS-30 zone district. The parcel is comprised of three separate parcels that were acquired separately and are to be merged as part of this application. REFERRAL COMMENTS: Written comments were received from Division of Wildlife, Shield O Mesa Road Improvement and Maintenance Association and Basalt Fire. The application was referred to the County Engineer, but comments were not provided. STAFF COMMENTS: 1041 HAZARD REVIEW & CONCEPTUAL SUBMISSION: GMQS/Merg_er: The property is located within the Rural Area. The Applicant has demonstrated to the satisfaction of the County Attorney (letter attached) that the three parcels combined constitute a legally created parcel created prior to May 8, 1972 and with no apparent merger issues, therefore, the parcel is exempt from growth management up to 5,750 squaze feet of floor area. Wild rre: Vince Urbina with the Colorado State Forest Service rates the wildfire hazard in the building envelope as medium. His recommendations to mitigate the wildfire hazard are included in the conditions. Bill Harding with the Basalt and Rural Fire Protection District states that the Applicant shall be required to provide water supply and storage for fire-fighting (minimum 5,000 gallon storage capacity), to sprinkler all buildings and to install a local fire alarm (outside horn strobe and interior audible alarm within sleeping rooms). 7 Wildli e: The Division of Wildlife notes that the only mapped wildlife habitat on the parcel is an elk migration pattern where elk migrate across the mesa to lower winter range, but that the parcel does receive limited winter range use, as evidenced by tracks and trails observed along the oakbrnsh hillsides. The DOW states, "Construction of the home within the designated building envelope should not have significant negative impacts to wildlife as it will be clustered with adjacent homes," but expresses concern with the utility/landscape and accessory building envelopes and the associated loss of native vegetation. Recommendations to minimize impacts are included in the conditions. Geolo ic: The proposed building, accessory building and landscape/utility envelopes are located on slopes of less than 30%. Water/Sewer: There is an existing well that will be abandoned and replaced with a new well. The State N,c.u~ s*Et issued a permit for a new well on one of the parcels in 2003; the permit expired 10/8/2005. Anew permit ^~ A'•' must be obtained for the 5.043 acre parcel. The Applicant will install an individual sewage disposal system. Access. Mr. Urbina recommends that the driveway originate at a right angle to Chateau Way. Mr. Harding adds that the driveway shall have a 16' width with an all weather surface capable of handling the imposed loads of a 60,000 Ib fire appazatus, and a turnaround that meets the specifications of fire department apparatus and a minimum of a 50 foot radius at the roadway centerline. The Applicant is required to join the Shield O Mesa Road Improvement and Maintenance Association (pursuant to BOCC Resolution No. 97-156). According to Victor Gerdin, Treasurer of the Association, the prior owners of the three parcels ignored the formation of the Association, therefore, the Applicant is liable for past due assessments in the amount of $13,503.50. The Applicant will be required to pay in full prior to issuance of any building or development permits. Utilities: The Applicant commits to install all utility lines underground and within [he driveway or building envelope. LOT LINE ADJUSTMENT: The Applicant is requesting to eliminate the lot lines between the three separate (but merged) parcels. The proposed lot line adjustment is consistent with the applicable requirements of the Land Use Code: it will not create an additional parcel or increase the floor area of the resulting parcel, and the resulting parcel will remain nonconforming as to size. RECOMMENDATION: Staff recommends approval of the Troutman 1041 Hazard Review, Conceptual Submission and Lot Line Adjustment, subject to the attached Determination. Attachments 1. Division of Wildlife 2. Basalt Fire 3. Shield O Mesa Road Improvement and Maintenance Association 4. County Attorney letter Application and Site Plan provided sepazately ' Ms. Wolff is a professioiul planner with a Bachelor's degree in Urban SNdies fiom the University ofPemuylvame, end is a member ofshe American InniNm ofCenified Pleimers. Ms. Wolffhas worked for tM1e AspenPnkin County Community Developmmt Depanmmr for I I'' x yeon, end v a PlermedServor Planner within thav depertmem for 10 years In her plvudryy posnmq Ms Wolff M1es remewd numerous Imd use eppllceriona pursuenno the Pitkin County LaM Uae Code. STATE OF COLORADO Bill Owens, Governor DEPARTMENT OF NATURAL RESOURCES DIVISION OF WILDLIFE AN EQUAL OPPORTUNITY EMPLOYER Bruce McCloskey, Director 6060 Broadway Denver, Colorado 80216 Telephone: (303)297-1192 February 13, 2006 Pitkin County Community Development 130 S. Galena Aspen, CO 81611 RE: TROUTMAN 1041 Dear Suzanne: For Widdlife- ForPeople The Troutman parcel on Shield O'Mesa does not lie within any mapped wildlife areas except for an elk migration pattern as elk migrate across the mesa to lower elevational winter range. However, the parcel as well as other areas of the mesa, do receive limited winter range use by elk as evidenced by tracks and trails observed on a site inspection. Most of the use is along the oakbrush hillsides of the parcel. The area lies within elk transitional range as well. Black bear inhabit the area and human-bear conflicts have occurred. Mountain lion occur in the area and will follow mule deer which is their main prey. Construction of the home within the designated building envelope should not have significant negative impacts to wildlife as it will be clustered with adjacent homes. The site plan has utility/landscape envelopes as well. The application does not state what will be placed within these envelopes. It would be best to maintain as much of these areas as possible in native vegetation and minimize loss of sagebrush and oakbrush. The site plan showed an accessory building envelope across Chateau Way but did not state what was going to be constructed there. The main wildlife value of this portion of the lot is the mountain shrub hillside which slopes down away from the top. Any barn, corral, fencing, etc should be constructed on the top, flatter portion and not on the hillside. Due to the fact that the parcel lies within an elk migration pattern and receives some limited winter range use, control of dogs is vital. Loose or uncontrolled dogs can have a significant impact to migrating and wintering big game through direct and indirect mortality, increased stress, and displacement from preferred ranges. The following recommendations will help minimize impacts to wildlife as well as minimize human-wildlife conflicts: I ..~ rs V °.. 5! native vegetation should be maintained outside building/accessory envelopes. Any disturbed areas should be revegetated with native vegetation and implementation of a weed management plan. DEPARTMENT OF NATURAL RESOURCES, Russell George, Executive Director W ILDLIFE COMMISSION, JeRrey Crawford, Chair • Tom Burke, Vice Chair • Ken Torres, Secretary Members, Robert Bray • Rick Enstrom • Philip James • Claire O'Neal • Richard Ray .Robert Shoemaker Ex Officb Members, Russell George and Don Ament 2. it would be best if there was no fencing around the main building envelope and that portion of the lot which lies south and west of Chateau Way. If fencing is needed around the accessory building envelope, it should meet Pitkin County code for wildlife friendly fencing 3. horse/livestock grazing should be restricted to the accessory building envelope 4. all horse/livestock hay should be fenced with 8' mesh game proof fencing in order to minimize game damage to haystacks 5. all trash/garbage should be kept in approved bear resistant containers 6. fruit, nut, or berry producing trees or shrubs should not be used in landscaping in order to minimize an attractant for bears 7. round handled door knobs should be used for all outside doors instead of lever handles in order to minimize a bear's ability to gain entry 8. bird feeders, including hummingbird feeders, should be hung away from any door or deck, be at least 10' from the ground and suspended between 2 trees or posts. Seed feeders should have a seed catchment pan to catch discarded seed. 9. horse grains, pellets, cookies, etc should be kept in a bear resistant container Thank you for the opportunity to comment. If you have any questions, please contact DWM Kevin Wright at 947-2920, ext. 2938. Sincerely, Pat Tucker Area Wildlife Manager Cc: J. Bredehoft, R. Velarde, K. Wright, file ~~ • ;1 ~~,~ 13asait & Rural Fire Protection llist~-ict "Protecting Uur Commututy Since 1970" ?-?n-o6 Suzanne Wolff, Senior Planner. Pitkin County Community Development 130 Galena St. Aspen, Colorado 8161 I Re 1041 Hazard Review/Troutman 1041 Hazard Review Dear Suzanne, I reviewed the Troutman Property 1041 hazard review packet for their property located at the top of Shield O Mesa. It's my understanding the applicants are essentially requesting a 1041 Hazard Approval to establish a residential building envelope having additional customary accessory uses. I take note of the comments regarding the road concerns within Pitkin County Ordinance 96-I9 that had been submitted along with other documentation toward this application. I have also evaluated comments made by Vince Urbina of the Colorado State Forest Service toward brush mitigation practices for wildfire safety. I have previously driven by this location to review various adjacent properties. Based upon my review of the packet and observation of the site I offer the following comments: Overall site assessment: My observations are consistent with statements made within Ordinance 96-19nwith respect to road conditions and water supply. The home site is approximately 8 miles from the Old Snuwmas's Fire Station. Driving time to the home site during clear weather is around 40 minutes. Response to this station is by local tiretighters who would respond in an Engine and/or ambulance based on varying emergency response scenario. The next available emergency apparatus with crews is from the town of Basalt having an estimated driving time 45 minutes during good weather. Access to the site is off of Snowmass Creek Road, onto Mesa Road then toward the Chateau Way. A sign at the beginning of Mesa Road states the following: "MESA ROAD- Very steep grades, (14% for Mesa Road), narrow with sharp turns; Travel at your own risk, 4WD drive and chains required especially for heavy trucks and/or trailers." The road surface especially Chateau Way and the driveway is impacted by water during the wet season creating difficult rutted driving conditions. i U39 J W Drive, Carbondale, Co 81623 I'hunea9'ili) ?164-0675 • I~a~: t9711) 704-0625 www.hacalttiraor8 There are two water storage tanks located at the opposite side of the subdivision on Shield -O road. Each of these tanks is approximately three miles from the property at their respective shortest access points. These tanks primarily service the nearby homes within those areas. The tightness of a switchback located at Shield-O and Bhre Tango renders tender shuttle operations, (water hauling operation), unsafe and ineffective from the top of the mesa between the home site and the tank location especially during inclement weather. The lower tank at the. intersection of Shield-O and Snowmass Creek Road can be of use during an emergency event by driving up and down Mesa Road. The tire department could not effectively and safely manage sustained water-hauling operations to this site in the event of fire. The fire department does currently have and will acquire other engines with four-wheel drive capabilities that carry 500 gallons of water. These engines would require onsite supplemental water to initiate structural fire attack and exposure protection from a wildfire event. Insurance companies in determining the level of fire protection toward coverage and premiums often query the tire department shout this subdivision. One of these companies requests us to conduct preplans and determine fire protection upgrades of existing properties toward their coverage policies. These upgrades can be in excess ofwhat I mentioned within this letter. The applicant may want to contact their insurance agent regarding policies in wildfire areas. Requirements: 11 Access: The drivewczv shall suhecribe to tlae Petkin CounL2~ Asset Manczeentent Plan toward drivcwuv design having u rninirnum width o176 feet roveth un all to eather.eurluce cupuhle uflzandlinQ dre imposed loads ofa 60 000 Ib Bre apparatus 4n approt cd lur•rrcnround needs to meet the snecifcation offire department apparatus and the minimum county requirement of 50-foot radius ut the roadwczv centerline 'The driveway to the building envelope is lengthy. The potential is great for incoming fire engines to be blocked by civilian vehicles coming out. Sixteen feet is the minimum effective width allowing for the passing of civilian and fire vehicles. Z) Water supply: .An irrdevidual.etructtzre water supply and storage shall he aecess'ible to fire department vehicles within 100 feet ofthe exterior oflhe btzildinQ(s) throuvh the utic nfu ltpdrunt rneetittY the policies ufthe Basalt and Rural Fire district The unaotm/ of eloruge cupucuy.rhall he determined by /he Jire dislrect tvlth a minimum of5000- alhtn.etorage caUac•ety purteuunt to the square footaee ofthe lareest sh•ucture brcreases in square .footaee well result tvl/h an increase in s/oraee cahacih~ minimums The purpose of this water supply is to quickly setup initial fire attack and buy time until a secondary water supply through water hauling operations is established. These operations involve equipment and personnel from the Basalt, Carbondale and Aspen fire districts. The initial water supply is used for manual fire suppression and to support sprinkler systems for buildings that will be on-site. This supply is also a backup should the sprinkler system be disabled during repairs or other reasons. 3) Sprinlder Systems .4116uildenes shell be sprinklered with an upproted automcr/ir sprinkler suctem. These sprinkler cvstems will need to be sup lied by stored water huvine u mininturn cu crci a the s n•enkler demand [inaes 30 minudcs. In order to comply with Section 902 of the Uniform Fire Code, Fire Department Apparatus Access, Exception 2 applies because the roadway serving the subdivision is less than the 20 foot, required .~ ~ Ci ''i.. ~: 1 width and the road condition becomes very poor in inclement weather. Sprinkler systems are essentially designed to hold a fire until responding firefighters arrive for final extinguishments. All sprinkler systems must be appropriately designed for their use and approved. Typical sprinkler system design for homes in this area follows a modified NhPA 13-D Standard. If other structures beside dwellings were allowed such as barns that are. determined by the building official to not be accessory to residential use would follow a more restrictive design standard. 41 Fire Alarms: The •s'w7ern shall Nerve cwt u nainairnan local alarm tl~rnu 1~outride horn ,varuhe mzd interior audible within the sleehine rooms meeting compliance tti the a~~plicahle .rnrinkler and akmm standard Although not required until the sprinkler system within the premise exceeds 100 sprinkler heads, having the sprinkler system monitored for a general alarm to a central receiving station through the flow switch for early notification of the fire department in the event of sprinkler activation is the. most reliable way to ensure quick activation of the fire department. Applicable Codes and Standards: The Basalt c~c Rural fire district has adopted the pertaining to the site issues are: • Section 902 -Fire Department Access. maneuvering of fire apparatus. 1997 Uniform Fire Code. Two important sections This section stipulates access requirements for the Section 903 Water Supplies. This section stipulates types of water supply and guides the fire department in setting the requirements for fire flow. The appropriate referenced standard for the Troutman property to determine that requirement is Standard 1142, Water Supplies for ... Rural Fire fighting. ~~ NFPA Standard 1 142, Water Supplies for ... Rural Fire Fighting, in scope essentially identify minimum requirements for water supply and distribution for structural firefighting purposes in those areas where conventional water supplies do not exist. The stipulated water supply would be for the initial attack until other responding units as required setup secondary water supply. The amount of water stipulated in the above recommendation is based on the building being sprinklered. This standard also provides design specifications for dry hydrant tank systems. Three key concerns toward this property is the difficulty of access, especially in inclement weather, limited water supply and defensible space mitigation. By following the above requirements and Mr. Urbino"s defensible space guidelines the safety of the property would be increased. If I can be of further assistance please feel free to call me. Sincerely, ~~~~~ v~t~ e-M:,~i Bill Harding, Fire Marshal Cc: Scott Thompson, Fire Chief Jerry Pcetz, Operations Director Frank Rudecoff, Fire Inspector Bud Gyler, Pitkin County Engineer ~~~,'~~ Shield O'Mesa Road Improvement and Maintenance Association 0201 Chateau Way Snowmass, CO 83650 Phone 970-923-3317 Fax 970-923-3347 February 17, 2006 Suzanne Wolff Pitkin County Community Development 150 S. Galena St. Aspen, CO 81611 Re: Troutman 1041 Hazard Review Deaz Suzanne, We aze in receipt of the Troutman 1041 Hazard Review, Conceptual Submission & Lot Line Adjustment. It appeazs a property merger has taken place merging 3 sepazate pazcels (1.59 acres, 1.686 acres and 1.767) to create one 5.043 acre parcel. Based on the enclosures that include deed copies and title insurance statements, we assume the Zoning Officer has verified that the property merger associated with this application, and that a legal pazcel exists that complies with the zoning regulations for the azea. In addition, this letter serves to identify the outstanding assessment due the Shield O'Mesa Road Improvement and Maintenance Association associated with this property. As you are aware, the Pitkin County BOCC passed Ordinance 96-19 in 1996 establishing a moratorium on any development permit issuance until a road association was formed to upgrade Mesa Road to County standazds, as well as establish a road maintenance assessment structure and agreement the County. In 1997, the Pitkin County BOCC passed Resolution 97-156 (copy included with the submission) to rescind the moratorium. That resolution also required all properties to join the Association and that any and all outstanding Shield O'Mesa property owner's Road Association assessments be paid in full, prior to issuance of any development permit by Pitkin County. All three owners of the previous pazcels (Professional Sales Associates, Utah. Process Agency and Christensen Leasing Company) have chosen to ignore the formation of the :; ~3 u' '_ ~= ~~ Association since its inception, despite continued con'espondence detailing outstanding assessment with penalties and interest. For your information, approximately 14 of the 53 Shield O-Mesa Property owners continue to ignore the formation of the Shield O'Mesa Road Improvement and Maintenance Association and its assessment structure. Without this participation, the Association is struggling to pay back the loans it received to make major road improvements and maintain existing roads -never mind fund the installation of two 10,000 gallon underground water storage tanks required by Pitkin County. Despite the fact that outstanding assessments have been accrued to a113 properties since 1997, only one assessment calculation will be required and associated with the Troutman 1041 Hazard Review, provided that a legal property merger has taken place. The Assessment Statement detailing the $13,503.50 amount due, associated with the Troutman property, is attached with this letter. Thank you addressing this issue on behalf of the Shield O'Mesa Road Improvement and Maintenance Association. Please call me at 923-0555 if you have any further questions. Sincerely, Victor Gerdin, Treasurer Shield O'Mesa Road Improvement and Maintenance Association ~~~~:5tJ Shield O'Mesa Road Improvement and Maintenance Association 0201 Chateau Faz 970-923-3347 February 17, 2006 Janine Troutman Property past due assessment schedule Capital Assessment 1997 -- $4,000.00 (original capital assessment due to pay back $130,000 road improvement mandated by Pitkin County to rescind moratorium.) 1998 -- $4,600.00 (15% interest and penalty compounded annually on previous balance) 1999 -- $5,290.00 (15% on previous balance) 2000 -- $6,083.50 (15% on previous balance) 2001 -- $6,996.03 (15% on previous balance) 2002 -- $8,045.43 (15% on previous balance) 2003 -- $9,252.24 (15% on previous balance) 2004 -- $10,640.08 (15% on previous balance) 2005 -- $12,236.09 (15% on previous balance) Sub-total past due Capital Assessment -- $12,236.09 Maintenance Assessment 1997 -- $100.00 due ($100/year for non-resident properties) 1998 -- $100.00 due, balance $203.00 (3% interest on previous balance) 1999 -- $100.00 due, balance $309.09 (3% interest) 2000 -- $100.00 due, balance $418.36 (3% interest) 2001 -- $100.00 due, balance $530.91 (3% interest) 2002 -- $100.00 due, balance $646.84 (3% interest) 2003 -- $150.00 due, balance $766.25 (3% interest -- annual maintenance assessment for non-resident properties increased to $150/year) 2004 -- $150.00 due, balance $939.23 (3% interest) 2005 -- $150.00 due, balance $1,117.41 (3% interest) 2006 -- $150.00 due Sub-total past due Maintenance Assessment -- $1,267.41 Total Troutman Property assessment due -- $13,503.50 DUU"~5~ John M. Ely County Attorney Christopher G. Seldin Assistont Counry Attorney Carrington Brown Code Enforcement O~cer Ms. Janine Troutman PO Box 11705 Aspen, Colorado 81612 Deaz Ms. Troutman: P1TKIN COUNTY AfiTORNEY Courthouse Annex Building 530 ,East Main Street, Suite 302 Aspen, Colorado 81611 Tel: (970) 920-5190 Fax: (970) 920-5198 January 19, 2006 Legal Assistants: Lisa MacDonald lane Achey As you aze awaze, John Ely, Suzanne Wolff, Pitkin County Senior Planner, and myself had a final determination meeting today regazding your 1041 Development Request. At this meeting, it was determined that your three lots ponstitute a legally created parcel with no apparent merger issues. Your parcel is vested with one development right and your development application as previously submitted is now set to proceed in the Community Development Department. If you have any questions, please contact the Suzanne Wolff at 920-5526. Sincerely, ~~,~~~" e Aghey Legal Assistant cc: Suzatme Wolff r~ JGu'~52 x.; 25-2006 .~ ~. .~ 12:19 FROM: HOLLAND & ~T 9709259415 TO:~ 920 5439 P.1~1 HOLLAND&HART .. - -::; i MCN>(O RAIYDUM May 25, 2006 TO: Suzanne Wolff (via fax to 920-5439) FROM: Art Daily Arthur C. Daily ado i IyC~hnllandt)aft.cnm 50U EAST MAUI S'1 RECT. SUI I [ 10~ ASVEN, COLORAUU 81531-11J1 TELEVHONC (8l0) 925-i195 FACSI MiLC (9%4) 9Ti-935% RE: lanmc Troutman 1041 Hazard Review Application Suzanne, in the event Ms. Troutn,an's Application is permitted to go forward at the hearing this alten,oon, on behalf ofMichael Johnston, a neighboring landowner, we respectfully request that if an approval is granted, the Hearing Officer make it an express requirement of approval that Ms. Troutman obtain the written consent of all mortgagees of record on the 1041 Plat when she eventually files it. You'll Holt on the Title Commitment submittedhy Ms. Troutman that there are eight (8) separate deeds ol'trust or mortgages recorded against the property in the aggregate amount of more than $SOU,000, and we have no inl'ormatic»t regarding whether the lenders are in agreement with this application. "the extensive number of outstanding monetary liens makes this an unusual application, to say the least, and a high degree of caution is required in order to protect the interests of all concerned. I believe that it is entirely cousislent with. County policy, and certainly within the Hearing Officer's authority, to require such evidence of consent on the 1041 Plat. Tn the absence of mortgagee consents, there is no way of knowing if a foreclosing mortgagee would honor the various condrttons that will he contained in the Hearing OI'licer's approval. This is the very reason that the County requires such consents on subdivision plats, and the interests ol'the County and of the neighborhood cannot be effectively protected unless these lenders sign off on the conditions to approval. While it may be a burden on the applicant, the potential consequences to the neighborhood if approval conditions are not honored would likely be far more significant. Thanks for your cooperation in the matter. cc: Michael Johnston ~~~~53 ~~~ 1 ~ F.~ A• Can Hel~al~ TITLE DEPARTMENT~ELIVERY TRANSMITTAL I Title Company 2700 Gilstrap Court, Suite 100 Glenwood Springs, CO 81601 Making Tnvx,ime n.~,~,i (970) 384-2023 Fax: (970) 384-2024 FILE NUMBER: 926-H0112229-105-EA3 DATE: May 25, 2006 PROPERTY ADDRESS: TR S W 1/4 of SEl/4 S15-T9s-R86W Pitkin County, CO OWNER/BUYER: Janine Troutman AKA Janine L. Troutman / To Be Determined Glenwood Springs Escrow Elizabeth Axthelm 2700 Gilstrap Court, Suite 100 Glenwood Springs, CO 81601 PHONE: (970) 384-2023 FAX: (970) 384-2024 E-MAIL: eaxthelm@fahtco.com NO. OF COPIES: 1 ROUTING METHOD: TitleVault TO: PHONE: FAX: E-MAIL: NO.OF COPIES: ROUTING METHOD: TO: PHONE: FAX: E-MAIL: NO.OF COPIES: ROUTING METHOD: TO: To Be Determined PHONE: FAX: E-MAIL: NO.OF COPIES: ROUTING METHOD: TO: Janine Troutman AKA Janine L. Troutman PHONE: PO Box 11705 FAX: Aspen, CO 81612 E-MAIL: NO. OF COPIES: I ROUTING METHOD: Deliver TO: To Be Determined PHONE: FAX: E-MAIL: NO.OF COPIES: ROUTING METHOD: TO: PHONE: FAX: E-MAIL: NO.OF COPIES: ROUTING METHOD: PLEASE KEVIEW "FHE ENCLOSED MATERIAL COMPLETELY AND TAKE NOTE OF THE FOLLOWING TERMS CONTAINED THEREIN: Schedule A: Schedule BI: Schedule BII: ABOVE IS A LIST OF CLIENTS TO WHOM THE ATTACHED MATERIALS HAVE BEEN DELIVERED. SHOULD YOU HAVE ANY QUESTIONS REGARDING THESE MATERIALS. OR OUR NEW ON-LINE TRANSACTION MANAGEMENT PROGRAM TITLEVAULT, PLEASE CONTACT Firs[ American Heritage Title Company AT THE ABOVE PHONE NUMBER. W E SINCERELY i'HANK YOU FOR YOUR BUSMESS. ~ C ^ C I `/ E D TIT ELINSURANCE COMPANY FIRST AMERICAN MAY 2 5 2006 PRWn County BuUding Dept. ~JOJ'::54 Frst American Heritage Title Company A~TC ~ ~ M.king Tranvario~~ Ibewnal Date: May 25, 2006 RE: Buyer/Borrower: To Be Determined Seller(s): Janine Troutman AKA Janiue L. Troutman Property Address: TR SWI/4 of SEl/4 S15-T9s-R86W Pitkin County, CO File Number: 926-H0112229-105-EA3 We would like to thank you for choosing First American Heritage Title Company for your title insurance needs. Enclosed please find: D COMMITMENT(s) ~ CCR'S D SUPPORTING DOCUMENTS ^ TAX CERTIFICATE to follow from the Escrow Office For all of your closing needs, your Escrow Officer is: Elizabeth Axthelm: Please feel free to contact your closer at: (970) 384-2023, fax: (970) 384-2024, email: eaxthelm@fahtco.com, 2700 Gilstrap Court, Suite 100 Glenwood Springs, CO 81601 . For all of your title and commitment needs, your Title Examiner is: Nick Driscoll. Please feel free to contact your examiner at: (970) 384-2023, fax: (970) 384-2024, email: ndriscol@fahtco.com, 2700 Gilstrap Court, Suite 100 Glenwood Springs, CO 81601 . Once again, thank you for your business, and please feel free to contact your Business Development Representative for alog-in and password to TitleVault our new on-line transaction management program. We look forward to serving all of your title needs. Sincerely, First American Heritage Title Company A POLICXISSUING AGENT OF FIRST AMERICAN ~ TITLE INSURANCE COMPANY ~~t~r55 OS/2S/2006 1:40:53 PM mc4 NDl • STANDARD COMMITMENT FOR TITLE INSURANCE ISSUED BY File No.: 926-H0112229-105-EA3 First American Heritage Title Company AS AGENT FOR First American Title Insurance Company INFORMATION The Title Insurance Commitment is a legal contract between you and the company. It is issued to show the basis on which we will issue a Title Insurance Policy to you. The Policy will insure you against certain risks to the land title, subject to the limitations shown in the Policy. The Company will give you a sample of the Policy form, if you ask. The Commitment is based on the land title as of the Commitment Date. Any changes in the land title or the transaction may affect the Commitment and the Policy. The Commitment is subject to its Requirements, Exceptions and Conditions. THIS INFORMATION IS NOT PART OF THE TITLE INSURANCE COMMITMENT. YOU SHOULD READ THE COMMITMENT VERY CAREFULLY. IF YOU HAVE ANY QUESTIONS ABOUT THE COMMITMENT PLEASE CONTACT THE ISSUING OFFICE. AGREEMENT TO ISSUE POLICY First American Title Insurance Company, referred to in this commitment as the Company, through its agent First American Heritage Title Company, referred to in this Agreement as the Agent, agrees to issue a policy to you according to the terms of this commitment. When we show the policy amount and your name as the proposed insured in Schedule A, this commitment becomes effective as of the Commitment Date shown in Schedule A. If the Requirements shown in the Commitment have not been met within six months after the Commitment date, our obligation under this Commitment will end. Also, our obligation under this Commitment will end when the Policy is issued and then our obligation to you will be under the Policy. Our obligation under this Commitment is limited by the following: The Provisions in Schedule A. The Requirements in Schedule B-1. The Exceptions in Schedule B-2. The Disclosures and Conditions contained in this Commitment. This Commitment is not valid without SCHEDULE A and Sections 1 and 2 of SCHEDULE B attached. First American Title Insurance Company BY B Y ~~./~c~/.~- ~/ ` (--J LL /~j __ ^ __-- ~~I' v ~~'l~ ~ v PreSldent Secretary (L(LE INSU `~+.'oov oe ''p~4(, ~ < 'moo e ~ ~ ] EEViEYBER ]d, ~ ~ ' y BY / ~ 1 Countersigned r4R/FORML~• :~(~jr5si 05/25/2006 1:40:53 PM mc4 NDl • • File No.: 926-H0112229-105-EA3 CONDITIONS 1. DEFINITIONS (a) "Mortgage" means mortgage, deed of trust or other security instrument. (b) "Public Records" means title records that give conshvc[ive notice of matters affecting the title according to state law where [he land is located. (c) "Land" means the land or condominium unit described in Schedule A and any improvements on the land which are real property. 2. LATER DEFECTS The Exceptions in Schedule B Section 2 may be amended to show any defects, liens or encumbrances that appear for the first time in public records or aze created or attached between [he Commitment Date and the date on which all of [he Requirements of Schedule B -Section 1 are met. We shall have no liability to you because of this amendment. 3. EXISTING DEFECTS If any defects, liens or encumbrances existing at Commitment Date are not shown in Schedule B, we may amend Schedule B to show them If we do amend Schedule B ro show these defects, liens or encumbrances, we shall be liable [o you according [o Paragraph 4 below unless you knew of this information and did not tell us about it in writing. 4. LIMITATION OF OUR LIABILITY Our only obligation is to issue to you the Policy referred [o in this Commitment, when you have met its Requirements. If we have any liability to you for any loss you incur because of an error in this Commitment, our liability will be limited to your actual loss caused by your relying on this Commitment when you acted in good faith to: • comply with the Requirements shown in Schedule B -Section 1 or • eliminate with our written consent any Ezceptions shown in Schedule B -Section 2. We shall not be liable for more than the Policy Amount shown in Schedule A of this Commitment and our liability is subject to the terms of the Policy form to be issued to you. 5. CLAIMS MUST BE BASED ON THIS COMMITMENT Any claim, whether or not based on negligence, which you may have against us concerning the title to the land must be based on [his Commitment and is subject to its terms. DISCLOSI7RES NOTICE TO PROSPECTIVE OWNERS (A STATEMENT MADE AS REQUIRED BY COLORADO INSURANCE REGULATION) GAP PROTECTION When this Company conducts the closing and is responsible for recording or filing the legal documents resulting from the transaction, the Company shall be responsible for all matters which appear on the record prior to such time of recording or filing. MECHANIC'S LIEN PROTECTION If you are a buyer of a single family residence you may request mechanic's lien coverage to be issued on your policy of insurance. If the property being purchased has not been the subject of construction, improvements or repair in the last six months prior to the date of this commitment, the requirements will be payment of the appropriate premium and the completion of an Affidavit and Indemnity by the seller. If the property being purchased was constrncted, improved or repaired within six months prior to the date of this commitment, the requirements may involve disclosure of certain financial information, payment of premiums, and indemnity, among others. The general requirements stated above are subject to the revision and approval of [he Company. SPECIAL TAXING DISTRICT NOTICE (A Notice Given In Confomrity With Section 10-L1-122 C.R.S.) The subject land may be located in a special taxing district; a certificate of taxes due listing each taxing jurisdiction shall be obtained from the county treasurer or the county treasurer's authorized agent; and information regarding special districts and the boundaries of such districts may be obtained from the board of county commissioners, the county clerk and recorder, or the county assessor. PRIVACY PROMISE FOR CUSTOMERS We will not reveal nonpublic personal information to any external non-affiliated organization unless we have been authorized by the customer, or are required by law. CONSUMER DECLARATION STATEMENT This Commitmem for Title Insurance may include a Schedule B exception reference [o recorded evidence [hat a mineral estate has been severed, leased, or otherwise conveyed from the surface estate. If such reference is made, [here is a substantial likelihood that a third party holds some or all interest in oil, gas, other minerals, or geothermal energy in [he property. The referenced mineral estate may include [he right to enter and use the properly without the surface owner's permission. You may be able to obtain title insurance coverage regarding any such referenced mineral estate severance and its effect upon your ownership. Ask your title company representative for assistance with this issue. 5~~~~~~ First American Heritage Title Company COMMITMENT SCHEDULE A Commitment No: 926-H0112229-105-EA3 1. Commitment Date: Apri17, 2006 at 8:00 A.M. 2. Policy or policies to be issued: (a) Standard Owners Policy Proposed Insured: To Be Determined (b) None Proposed Insured: Policy Amount Ta Be Determined (c) None Proposed Insured: 3. Fee Simple interest in the land described in this Commitment is owned, at the Commitment Date by: Janine Troutman AKA Janine L. Troutman 4. The land referred to in this Commitment is described as follows: See Exhibit A attached hereto and made a part hereof. (for informational purposes only) TR SWl/4 of SEl/4 S15-T9s-R86W, Pitkin County, CO PREMIUM: 05/25/2006 1:43:59 PM mc4 ND1 ~~~'~5~ 05/25/2006 1 40:53 PM mc4 NDl Exhibit A Parcel 1: File No.: 926-H0112229-105-EA3 All that certain real property situated in the SW 1/4 of the SE 1/4 of Section 15, Township 9 South, Range 86 West of the Sixth Principal Meridian, Pitkin County, Colorado, said property being more particularly described as follows: Commencing at an angle point in the Westerly line of the lands described in that certain Deed granted to Hale by Reception Document #370685 (752 O.R. 252) and shown on that certain Plat filed in Book 31 at Page 91, in the office of the Pitkin County Recorder, said angle point being distant North 15°19'34" East 256.37 feet from the Westerly most corner of said lands of Hale, said angle point being marked in place by a 5/8" rebar with red plastic cap LS#7972; Thence from said point of commencement along the Northwesterly line of said lands of Hale North 55°00'00" East 60.00 feet; Thence North 58°44'00" East 224.65 feet; Thence leaving last said line of Hale, along the Southwesterly line of the lands granted to Snowmass Water Systems by Professional Sales Associated recorded August 15, 1994 in Deed Book 758 at Page 542 in the office of the Pitkin County recorder, North 64°54'09" West 208.68 feet to the true point of beginning of the lands herein described; Thence North 23°40'06" West 94.96 feet; Thence leaving said line of Snowmass Water Systems South 87°45'00" West 258.85 feet to the Easterly line of the lands shown on that certain Map entitled "Powell Subdivision (Amended)" as filed in Plat Book 41 at Page 20 in the office of the Pitkin County Recorder; Thence South 00°54'45" West 353. 82 feet; Thence leaving last said line of Powell Subdivision, North 63°18'00" East 43.15 feet to the beginning of a tangent curve to the left having a radius of 601.10 feet; Thence 331.35 feet along said curve to a point of tangency; Thence North 31°43'00" East 43.00 feet to the true point of beginning. Parcel 2: A tract of land located in the SW 1/4 of the SE 1/4 of Section 15, Township 9 South, Range 86 West of the 6t° Principle Meridian, Pitkin County, Colorado, described as follows: Beginning at a point, said point being on the center line of a 60.00 foot road easement, which is North 00°20' East 485.89 feet and East 388.48 feet from the South Quarter corner of Section 15, Township 9 South, Range 86 West of the 6`s Principle Meridian, and running thence South 58° West 153.00 feet along said centerline of said road easement; thence South 23°40'06" East 94.96 feet also to a point along said road easement; thence South 64°54'09" East 208.68 feet; thence North 58°44' East 156.07 feet; thence North 33° 19'40" East 60.00 feet; thence North 59°32'46" East 91.55 feet; thence North 76°11'38" West 346.72 feet to the point of beginning. Parcel 3: A tract of land located in the SW 1/4 of the SE 1/4 of Section 15, Township 9 South, Range 86 West of the 6`h Principal Meridian, Pitkin County, Colorado, described as follows: Beginning at a point, said point being on the center line of a 60.00 foot road easement, which is North of 00°20' East 485.89 feet and East 388.48 feet from the South Quarter corner of Section 15, Township 9 South, Range 86 :~t~~'.;5`~ 05/25/2006 1:40:53 PM mc4 NDl • • File No.: 926-H0112229-105-EA3 West of the 6`h Principal Meridian, and running thence North 58° East 153.00 feet; thence North 68° East 182.00 feet; thence North Ol°20' East 160.00 feet; thence South 80°30' East 79.72 feet, the last four courses being along the centerline of said road easement; thence South 48.43 feet; thence 38°53'33" West 190.00 feet; thence South 59°32"46" West 92.00 feet; thence North 76°11'38" West 346.72 feet to the point of beginning. County of Pitkin State of Colorado ~~3~,"'.:E~ 05/25/2006 1:40:53 PM mc4 NDI • Form No. 1344-B ] (CO-88) ALTA Plain Language Commitment SCHEDULE B -Section 1 Requirements File No.: 926-H0112229-105-EA3 The following requirements must be met: a. Pay the agreed amounts for the interest in the land and/or for the mortgage to be insured. b. Pay us the premiums, fees and charges for the policy. c. Obtain a certificate of taxes due from the county treasurer or the county treasurer's authorized agent. d. The Affidavit and Indemnity signed by Janine Troutman AKA Janine L. Troutman and notarized. e. The following documents satisfactory to us must be signed, delivered and recorded. NOTE: This Commitment is for informational purposes only and no Policy will be issued pursuant hereto. NOTE: IF THE SALES PRICE OF THE SUBJECT PROPERTY EXCEEDS $100,000.00 THE SELLER SHALL BE REQUIRED TO COMPLY WITH THE DISCLOSURE OR WITHHOLDING PROVISIONS OF C.R.S. 39-22-6045 (NONRESIDENT WITHHOLDING). :~©J~~ ~ OS/25/2000 ]:40:53 PM mc4 NDl • Form No.1344-B2(CO-88) ALTA Plain Language Commitment SCHEDULE B -Section 2 Exceptions • File No.. 926-H0112229-105-EA3 Any policy we issue will have the following exceptions unless they are taken care of to our satisfaction: 1. Taxes and Assessments not certified to the Treasurer's Office. 2. Any facts, rights, interests or claims which aze not shown by the public records but which could be ascertained by an inspection of the land or by making inquiry of persons in possession thereof. 3. Easements, or claims of easements, not shown by public records. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any facts which a correct survey and inspection of the land would disclose, and which are not shown by the public records. 5. Any lien, or right to a lien, for services, labor or material heretofore or hereafrer famished, imposed by law and not shown by the public records. 6. Unpatented mining claims, water rights, claims or title to water. 7. Deed of Trust dated June 11, 2003 from Janine L. Troutman AKA Janine Troutman to the Public Trustee of Pitkin County for the use of Wells Fargo Bank, N.A., to secure the sum of $75,381.00 recorded July 2, 2003 under Reception Number 484909. 8. Deed of Trust dated November 10, 1992 from Professional Sales Assoc., Inc., to Juab County Abstract Co., Inc., Trustee, for the use of Six County Economic Development Agency to secure the sum of $75,000.00 recorded December 3, 1992 in Book 696 at Page 391 under Reception 351420, and any other amounts and/or obligations secure thereby. 9. Deed of Trust dated August 9, 1996 from Snowmass Water Systems, Ltd, to the Treasurer of Pitkin County, as Trustee, for the use of Mazk Warren to secure the sum of $22,000.00 recorded September 3, 1996 under Reception Number 396626. Said Deed of Trust was assigned to American Pension Services, FUB Custodian for Bradley J. Olsen IRA #306, in the Assignment recorded June 29, 1998 under Reception Number 418723. 10. Deed of Trust dated March 5, 1999 from Snowmass Water Systems, Ltd., to the Treasurer of Pitkin County, as Trustee for the use of Bradley J. Olsen P.C. Money Purchase Plan to secure the sum of $11,375.00 recorded Mazch 16, 1999 under Reception Number 428814, and any other amounts and/or obligations secured thereby. 11. Deed of Trust dated April 1, 1999 from Snowmass Water Systems, Ltd., to the Treasurer of Pitkin County, as Trustee, for the use of Bradley J. Olsen P.C. Money Purchase Plan to secure the sum of $7,500.00 recorded April 12, 1999 under Reception Number 429806, and any other amounts and/or obligations secure thereby. 12. Deed of Trust dated December 12, 2002 from Snowmass Water Systems, Ltd., to the Treasurer of Pitkin County, as Trustee, for the use of James H. & Carol J. Martin, to secure the sum of $27,500.00 recorded January 30, 2003 under Reception Number 478062, and any other amounts and/or obligations secured thereby. ~(~.;"6 05/25/2006 1:40:53 PM mc4 NDl • • File No.. 926-H0112229-105-EA3 Form No. 1344-B2 (CO-88) ALTA Plain Language Commitment SCHEDULE B -Section 2 Exceptions (Continued) 13. Deed of Trust dated January 10, 1997 from Professional Sales Associates, Inc., to the Public Trustee of Pitkin County for the use of David Jensen, Agent, to secure the sum of $10,000.00 recorded January 16, 1997 under Reception Number 400959, and any other amounts and/or obligations secured thereby. 14. Mortgage dated October 26, 1999 from Professional Sales Associates, Inc., to Dr. Gary B. Stanford to secure the sum of $300,000.00 recorded March 24, 2000 under Reception Number 441694, and any other amounts and/or obligations secured thereby. 15. Right of a proprietor of a vein or lode to extract and remove his ore therefrom should the same be found to penetrate or intersect the subject property as reserved in the United States Patent recorded April 22, 1911 in Book 55 at Page 186. 16. A reservation of an undivided 50 percent interest in all oil, gas and other minerals by in the instrument recorded October 2, 1951 in Book 176 at Page 603, together with the appurtenant rights to use the surface of the land, and any and all assignments thereof or interest therein. 17. A reservation of an undivided 50 percent interest of his interest in all oil, gas, and other minerals by in the instrument recorded June 1, 1967 in Book 227 at page 226, together with the appurtenant rights to use the surface of the land, and any and all assignments thereof or interest therein. 18. A reservation of all interest in mineral rights by Jan R. Christensen the instrument recorded September 1, 1967 in Book 228 at Page 579, together with the appurtenant rights to use the surface of the land, and any and all assignments thereof or interests therein. 19. An easement for ditch purposes as granted to Jan R. Christensen in the instrument recorded September 1, 1967 in Book 228 at Page 579. 20. Terms, conditions and provisions as contained in Resolution Number 97-156 recorded September 4, 1997 under Reception Number 408013 and re-recorded February 13, 1998 as Reception Number 413575. 21. Terms, conditions and provisions as contained in Resolution 96-145 recoded January 31, 1997 under Reception Number 401412. 22. Terms, conditions and provisions as contained in Ordinance Number 97-33 recorded September 8, 1997 under reception Number 408165. 23. Terms, conditions and provisions as contained in Maintenance Agreement for Shield-O-Mesa Road recorded October 10, 1997 under Reception Number 409334. 24. Restrictions, which do not contain a forfeiture or reverter clause, (deleting any restrictions indicating any preference, limitation or discrimination based on race, color, religion, sex, handicap, familial status or national origin) as contained in the instrument recorded July 22, 1997 under Reception Number 406544 and amendment thereto recorded September 8, 1997 under Reception Number 408197. 25. Easements and rights of way for roads, streets, highways, ditches, canals, pipelines and utility lines as constructed and in place, or as granted for the benefit of other lands previously owned by Jan R. Christensen, Snowmass Development Corporation or Professional Sales Associates, Inc., in various deeds of record, and as may have been, or may be, established by prescription, way of necessity or other means, ~4Jvi,6J 05/25/2006 140:53 PM mc4 NDI • Form No. 1344-B2 (CO-88) ALTA Plain Language Commitment SCHEDULE B -Section 2 Exceptions (Continued) • File No.. 926-N0112229-105-EA3 and any and all loss, damage or adverse claims arising from or due to the exercises of said easement rights of attempts to establish a legal easement right in any court. 26. Any law, ordinance or governmental regulation (including but not limited to building and zoning ordinance) restricting or regulating or prohibiting the occupancy, use or enjoyment of the land, or regulating the character, dimensions or location of any improvement now or hereafter erected on said land, or prohibiting a separation in ownership or reductions in the dimensions or area of any lot or parcel of land and any and all loss damage or adverse claims arising therefrom. 27. Any and all proprietary rights or interests in and to the property by David C. Hale and Susan C. Hale, their successors and/ or assigns, acquired by virtue of Treasurer's Deed(s) recorded June 20, 2003 as Reception Number 484323 and recorded June 20, 2003 as Reception Number 484324. 28. Marketability: If a Quiet Title Suit is necessary, the Company will not insure the title as marketable until a date six months after the Decree has been entered subject to the approval of Counsel for the Company, its agents or subsidiaries. r' `- ~,.~ IJ ~: `., 2 1~11IIIII IIIIII IIII IIIIII IINII 483 SILVIq DgVIS P[TKIN COUNTY IIIII III IIIII IIII IIII 04/28/2004 04:08P R 0.00 D 0.00 QUIT CLAIM DEED DAVID CJ. HALE and SUSAN C. HALE, for the consideration ofTen Dollars ($10.00) and other good and valuable consideration, in hand paid ,hereby sells and quit claims to the PITKIN COUNTY, COLORADO TREASURER, whose address is 506 E. Main Street, Aspen, Colorado 81611, the following real property in the County of Pitkin, State of Colorado: The real property described in Pitkin County Treasurer's Deed, R006383-1995 and R016479-TSC 98-1998, Recorded as Reception Nos.484323 and 484324 of the Records of Pitkin County, Colorado THE INTENT OF THiS DEED IS TO RECONVEY TO THE PITKIN COUNTY COLORADO TREASURER ANY INTEREST CONVEYED BY THE SAID DEEDS, ABOVE REFERENCED, ACKNOWLEDGING THAT THE SAME WERE ISSUED IN ERROR UNDER CIItCUMSTANCES WHERE A PARTY ENTITLED 'CO DO SO HAD REDEEMED THE TAX SALE CERTIFICATES ON WHICH SAID DEEDS WERE BASED PRIOR TO THE ISSUANCE THEREON. / -ice rlr~iGL- DATED this ~~S day of February, 2004. STATE OF COLORADO ss. COUNTY OF PITKIN /~~ Davi Hale Susan C. Hale The foregoing instrument was acknowledged before me this ~ dIa o David Q~ Hale and Susan C, Hale. y ~ 2004 by 5• my hand and official seal. Fission expires: t ,~Z ~C~ .~oG Not Public / t. ~~ '~~.....~t.~t RECEIVED MAY 18 LUiiO PltMtl COUt1ly Buildlnp Dept. ~~.iE,6G ~' ~' ~J Iton Drilling P.O. Box 1059 Basalt, Co. 81621 (970) 927-4182 Lic. # 1095 Name c/o Address City, St, Zip Phone # Janine Troutman _""'--- .-~-°"__.."..._._.. -,.. P.O. Box 11705 Co. 81612 Hole Size Depth Type Casing ID Casing OD From-To 9.0 40 Steel 6.S 7.0 0-40 6.S 480 PVC S.0 S.S 30-480 Invoice # : C-2384 Date IO/S/2005 Permit #: 32271-A Location : Shield O Mesa Perforated Ft : SO ft Estimated : __8-10 gpm Static Level : 41 S ft Total Drilled : 480 ft Recommended Pump Set Depth 470 Ft. Pumping 8 GPM For Pump Installation We Recommend Samuelson Pump 945-6309 (Raun Samuelson) J & M Pump Co 945-61 S9 (Rick Holub) Aqua Tec Pump 984-0311 (Tom Platzer) Instructions Price Per Foot 4S0 Feet @ $ 30.00 Per Foot = $ 13,500.00 Feet @ $ __ Per Foot = $ 0.00 Total Footage Charge $ 13,500.00 Minimum Well Charge (if applicable) .............................$ Conditions Of Payment pay $ 13,500.00 P ..A RF TH FO LOWIN(' RE OMMENDATIOf~ 1. *WE STRONGLY RECOMMEND A VALID PUMP TEST BE CONDUCTED BY A LICENSED PUMP INSTALLER TO DETERMINE THE ACTUAL WELL PRODUCTION AND WATER QUALITY. THIS SHOULD ESTABLISH THE ACTUAL WELL PRODUCTION PARAMETERS WHICH CANNOT BE DETERMINED WHILE DRILLING 2 OUR GUARANTEE IS VALID ONLY IF A LI ENSED PUMP INSTALLER INSTALLS THE PUMPING SYSTEM I I 3. The landowner is ultimately responsible for the plugging and abandonment of dry holes or replaced wells. according to State Rules and Regulations. Please contact us for details and/or prices. 4. ALL 1NVOi D E AND PAYABL WITHiN 10 DAY OF INVOI E DATE, UNLESS FRIOR ARRAN('F- MFNT4 AnF MA A 1 5°/ H NDT iN (' AR F FFR MONTH MAY BE ADDED t a nAYS FR___ OM FLR~ BILLING. Please callus if you have any questions. THANK YOU 24-2006 09:49 FROM: HOLLAND & Fi~T 9709259415 TO:~ 920 5439 P. 1'1 • HO L LA.N D & H ART. ~ Arthur C. Daily ., _- ~ s.. ,,,, BOaily(~hpllandhait.com 600 [AST MA1N STREET' SUITE lU4 A$REN, CULgR4U0 O1G11-1991 Tf-EEVMONE (9)0) 93539]6 fACS]MILE (9]% 925-936% MEMORANDUM April 24, 2000 TO: Jane Achcy, Legal Assistant to Pitkin County Attorney (via fax to 920-5198) FROM: Art Daily RE: ,Taninc Troutman 1041 Hazard Review Application Jane, 1 just wanted to confirm our telephone discussion of last week to the effect that Janina Troutman has yet to establish to the County's satisfactio'it that she has good aud'tnt>irketabletltle to the three merged parcels for which she' has submitted a l(1JFI Har.,ard Review Applieatiom By letter to Ms. Troutman dated March 10, 2006, Suzanne Woll'f advised her that she would need to provide Suzanne with a current title insurance commitluen. t on the property before proceeding with her hearing with the llearing Officer on May 16, 2006. As I told you last week, 1 represent a neighboring landowner that has serious reservations about Ms. Troutman's Application, and we agree that she nuzst prove up the quality of her title to your satisfaction before being entitled to a L041 hearing. F'or all we know, a good and sufficient title commitment covering the lands described in the Application may have already been issued, but a copy of the conuniunent has not yet been delivered to the County Attorney or to the Connnunity Development Department. Wben you do recelvc the commiunent, please determine that there are no Schedule A Requirements that must be satisfied before the title company eau insure good and markctnble title in Ms. '1'routtnan. I would appreciate rocciving a copy of the title commitment when it is delivered. to your office. Thanks very much for the cooperation. cc: Suzanne Wolff (via fax to 920-5439) ~~;, .~~ P1tklIl COllIlty ~ommnnity-e~lopment-~partment March 10, 2006 Janine Troutman P.O. Box 11705 Aspen, CO 81612 Dear Janine: The County Attorney has notified me that we will need the following before an approval can be granted: / Current certificate from a title insurance company or attorney licensed to practice law in the State of Colorado, listing the names of all owners of the property and all mortgages, judgments, liens, easements, contracts and agreements affecting use and development of the parcel. Please submit this documentation to me prior to your hearing with the Hearing Officer. which is scheduled May 16, 2006: Please feel free to contact me at 920-5093 if you have fiirther questions. Sincerely, L5'~ Suzamie Wolff Senior Planner ~~~~,s 130 S~Galena Street Aspen. Colorado 8161 I (970) 920-5526 fax 920-5439 www.aspenpitkin.com PITHIN COUNTY ATTORNEY John M. Ely CourthOU52 Annex Building County Attorney 530 East Main Street, Suite 302 Aspen, Colorado 81611 Clvistopher G. Seldin Tel: (970) 920-5190. Assistant County Attorney Fax: (970) 920-5198 February 17, 2005 David J. Myler The Myler Law Firm, P.C. 106 South Mill Street, Suite 202 Aspen, Colorado 81611 12E: Consolidation of Troutman and Christensen Parcels Deaz Dave: Legal.Assistantr Lisa MacDonald Jane Achey In response to your letter of January 17, 2005, this letter confirms that if Janine Troutman, as the owner of the three Troutman Lots, acquires title to the Christensen Parcel (Pazcel ID #264515400014), the four consolidated properties shall constitute a single, legally established lot. If you have any fixrther questions, please do not hesitate to contact me. cc: Suzanne Wolff ~~1'~!~.6~~ THE MYLER LAW FIRM, P.C. A Colorado Professional Corporation DAVID J M}7.ER' ROBYN J Ml'LER"' 4D4ffiTF.D IN COl NY , CT' CFfrR R. VINCENT, P4RALEGAL CONNlE .4. WOOR LEGAL .45SIS I'.4NT John M. Ely, Pitkin County Attorney 530 East Main Street, Suite I Aspen, CO 81611 RE: Consolidation of Troutman and Christensen Parcels Dear John: TELEPHONE (7]0)920-1OIR FncswE.E (990)920-0259 EMNLS dmylen~ymyledxwpc cam imvlen]]inylcrlawpc com ~~~~ «meamyiedz.~peeom cwnodGJi nrylednw4c wm R~VG I V GL,f .lAN 1 s ?005 PiTKlN C4U~~' ~TFt71' I am writing on behalf of Janine 'Troutman. Janine owns the Troutman i,ots 1, 2 and 3 as shown on the enclosed Title Ylat (the "'frouhnan Lots"). 'Chose Lots have merged. The 5-acre parcel described as (Item No. l) Tuttel to Cln'istensen onthe Plat (the "Clv'istcnseu Parcel") is purportedly owned by Jan Christensen and may have merged with the 'Troutman Lots. As you may recall, Janine, hex father, Bob Hutton and I met with you, Suzanne Wo] ff and Jane Achey in Late 2004 to discuss Jane's opinion that the Christensen Parcel has merged with the Troutman Lots and thus are not eligible for development approvals unless and until they are either consolidated with the Christensen Parcel or legally subdivided from it. This letter is to request written confirmation of the opinion expressed at that meeting that if, as the owner of the. Trouman Lots, Janine acquires title to the Christensen Parcel, whether by purchasing it from Mr. Christensen, by way of a tax deed, or otherwise, that the four cm2solidated properties will constitute legally subdivided lot that will be eligible for a development permit upon approval of management allotment or upon being designated as a TDR receiver site. a single a gro~vtl~'1 .,, ,,,,yy~~~ If you have any questions regarding this request or if you need v1y adclitional information, ~Y`r please do not hesitate to call. We thank you for your consideration of this matter at ow' earlier ~e meeting and in response to this request Very truly yoLtrs, ~tb~ j -, ~~,,,~',y . THE MYL.F. SAW F1Rlv1, 1 .C. .af, Vy7' ~~ David J. Myles Bnclosurc cc: Janine Troutman t OF) SOUTH MILL STREET SiIIIE 202 ASPEN, COLORADO $]btt and 1 t MIDLAND AVENUE SUTTE 2Ot BASALT. COLORADO 81621 January 17, 2005 (J ~e~v~ •, PI~CKIN ~~OUNT]' ATTORNEY'S OFFICE MEMORANDUM TO: Suzanne Wolff FROM: Jane Achey 920-5] 90 '~~~ Legal Assistant ~;~~ DATE: 2 February, 2005 RE: Janine Troutman Parcels Following is a letter from Dave Myler regarding the Troutman lot situation. I have determined that there would no longer he a merger problem if Janine were to come into possession of the Christensen lot. I also recollect that we. found there would not be an illegal subdivision issue being that the entire perimeter of her lots, with the exception of that portion adjacent to the Hale (Corrncrly D'.Smotta) lot, was established in 1967 and 1968. The D'Amotta/Hale bow~dary was not established until 1985, but as the Hale lots have already been established as "legal", merged, and a house has been built, I wuukl think it would he difficult for the County to prevent Janine from using what she was left with. Janine has owned her Lot 3 since December of 2(10(1, while the Hales did not acquire the D'Amotta lot until 2003. Tf there is an en-or existent here, it is not having done this exercise back when the Hales acquired the D'Amotta lot, which itself was not legal, having been created in April of 1985. The boundaries of.Tanine's Lots ?and 3 are `9cftovers" from that slice and dice, but the Hales have been treated by the County as having legal lots so T believe it must follow that ,laninc's leftovers must sdso be deemed legal. I would think that the County would want to insure no further subdivision of any of Ianine's property and allow her only one development right. What are your thoughts at this point? I need to reply to this letter of Dave Mylei's and my inclination is to agn-ec with his request that Janine will have a legal lot is she acquires Chnstensen's. Please call. Thanks. (~Attaclunent-hetfer from Dave Myler 1 /17/0 i ~~~1~7~ --'3 f~,o"1t1 uc-a~-GC~ ~ it,vw~n-u-G~J ~," "° ~" ~ lcr ~h,~ti-d , e ~~,ce~ ~-G,~ III~fA-~-.~ c~u ~~.G-~ ,~f et ~d v~,s-~ f~ ~ ~.-~~ ~d -~ INGv~I~.~Q.m1 30~~72 (~ -LIS U' ~~ v ~- • (~,~d.roz~-Zdti3~ 6-50-030 C. Building Code Standards, Hardships or Improvements to Function and Appearance: The applicant demonstrates that the purpose of the development is to: 1. Meet practical difficulties and hardships which arise from the existing restrictions upon repair, alteration or restoration; or 2. Improve the function and appearance of the use. D. Development Exactions: The applicant makes all required dedications to the County in accordance with the standards in Section 3-130 for any additional development that is approved pursuant to this Section 6-40-030. (Prior code § 603) Section fr50 SUBSTANDARD SIZE LO"[ S (PC 6-5) Subsections: 6-50-010 Development Permitted on Substandard Size Lots or Parcels 6-50-020 Cumulation of Substandard Size Lots 6-50-030 Separation of Platted`Substandard Size Lots 6-50-010 Development Permitted on Substandard Size Lots or Parcels A single family dwelling unit is a permitted use on any legally created lot or parcel made substandard as to size by the imposition of the initial adoption of the Pitkin County Zoning Resolution of 1955, or the adoption of any relevant amendment thereto subject to compliance with the standards in this section. A. The development of any principal land use other than a single family dwelling unit on a substandard size lot is prohibited. B. Land uses and structures that are accessory to the single family dwelling are pettnmeu. trnor cone g o-o~ tl 5~~5 ~~.~,~~ y ,~~,., is{2115 ~-tt IOit`b3 6-SO-020 Cumulation of ubs ndard Size Lots acRf<st ~~ ~ (~ X51 ~,~ v-~~ a+yq slag h~ ~ y~ A. "Common ownership" of contiguous substandard size lots or parcels shall cumulate with the exception that lots in subdivisions approved and signed by the Board of County Commissioners shah not cumulate regardless of their size. The aggregate area of the. kvts shall be considered as one (1) lot or parcel regardless of diverse times of acquisition by the common owner and whether or not the propeAy was acquired before adoption of this regulation. B. If a public roadway which was in place prior to June 2, 1975 provides access to contiguous substandard size lots and separates such lots, the lots shall not cumulate. (Prior code § 6-502) 6-50-030 Separation of Platted Substandard Size Lots The Planning Commission may permit the separation of legally platted substandard size lots which have not been approved by the Board of Counly Commissioners and which have V_ ~~ Lt ~ i ~ ,.. ~. 7'~~ (6-50) 3 ~ !~ ,^, t, -, n .r V ! •D ~/SI~~- 546d~'r. f~ ~f Zf-r~ ~ - ~~„„~a 65,~,,.-~d~ ~~~ . ~ ~ ,~.o-~ 531 ~, ~~ ~~- `STV"t__„ -~ UT ~-0./~ W :ai3 // y , (,'K[ ~ 5~,~~cwr",~.~ ~`,~u rs ~i~ o u- czl~31~`1 ~ ~,,.~~ ~ j 2 c-ra a (~ ~~-~~ ~~~iyl-~~ ~ a ~( ~.5-10` 3~ ~~~~~~- ®~~74 a-o t w extractor is or will be commercially feasible and regarding which it can be demonstrated by geologic, mineralogic or other scientific date that such deposit has significant economic or strategic value to the area, state or nation. COMMISSION means the Pitkin County Planning and Zoning Commission. COMMON ELEMENTS means: A. In a condominium or cooperative, all portions ofthe condominium or cooperative other than the units; and B. In a planned community, any real estate within a planned community owned or leased by the association, other than a unit. COMMON INTEREST COMMUNITY means real estate described in a declaration with respect to which a person, by virtue of such person's ownership of a unit, is obligated to pay for real estate taxes, insurance premiums, maintenance, or improvement of other real estate described in a declaration. Common interest communities may take three different forms: condominiums; cooperatives; and planned communities. Ownership of a unit does not include holding. a leasehold interest in a unit of less than forty (40) years, including renewal options. The period of the leasehold interest, including renewal options, is measured from the date the initial term commences. The condominium and cooperative form of common interest communities create separate ownership interests in units, and do not result in the subdivision of land or the creation of legally separate lots. COMMON INTEREST COMMUNITY PLAT means that part of a declaration that is a land survey plat as set forth in C.R.S. Section 38-61-106, depicts all or any portion of a common interest community in two dimensions, is executed by a person that is authorized by this title to execute a declaration relating to the common interest community, and is recorded in the real estate records in every county in which any portion of the common interest community is located. A plat and a map may be combined in one instrument. COMMON INTEREST COMMUNITY MAP means that part of a declaration that depicts all that is authorized by this title to execute a declaration relating to the common interest community, and is recorded in the real estate records in every county in which any portion ofthe common interest community is located. A map is required for a common interest community with units having a horizontal boundary. A map and a plat may be combined in one instrument. COMMON OWNERSHIP mea owned by the same owner. For the purpose of this definition, common ownership shaA,~yehen the form of ownership was created to avoid the provisions of the Land Use Cod include ownership by a business or legal entity in which the owner has a controlling interest; or ownership by his or her spouse; or ownership by a business or legal entity in which the owner and his or her spouse together have a controlling interest. Only one hundred percent (100%) ownership of, or identical ownership interests in, adjacent, contiguous parcels shall constitute common ownership. COMPATIBLE means capable of existing together without conflict or ill effects. Specifically with respect to structures, compatible means consistent with, harmonious with, similarto and/or (Pitl:Iu Co Land Use Code 11/OI) ($_Q t ~ $ John M. EIy Coanry Anorney Chriswpher G. Seldin Assistant Counry Anorney PITKIN COUNTY ATTORNEY Courthouse Annex Building 530 East Main Street, Suite 302 Aspen, Colorado 81611 Tel: (970) 920.5190 Fax: (970) 920-5198 September 10, 2004 Ms. Janine Troutman PO Box 11705 Aspen, Colorado 81612 Dear Ms. Troutman: Legal Assis[ants: Lisa MacDonald Sane Achey As you aze awaze, the extensive title documentation you provided to Suzanne Wolff in response to her question regazding whether or not your pazcel was legally created and/or has merged with any adjacent pazcels has been thoroughly reviewed by this office. A determination has been made that your pazcel is currently merged with that pazcel held in ownership by Jan Christensen (Parcel ID 264515400014) and therefore, has no development right separate from that property. Your pazcels) and that which is currently owned by Mr. Christensen, appear to demonstrate "Common Ownership" as it is defined in the Pitkin County Land Use Code Section 8-Ol. While you indicated to me in one of your phone calls that you anticipate a conveyance of Mr. Christensen's pazcel to you in the near future, if you wish to go forwazd with a development application at that time, a similaz exercise will have to be conducted concerning all of the pazcels adjacent to and contiguous with that property in order to determine if your pazcel is sepazately developable. While the current determination appeazs to be conclusive, we invite you to supplement or otherwise explain your position that your parcel has a development right and such supplementation or explanation will be taken under consideration prior to a recommendation of denial of your 1041 application. Sincerely, ~v l? LZ ldane Achey Legal Assistant cc: Suzanne Wolff ~7i~V6 ?~ 1041 Hazard Review Submission for Shield O Mesa Lot Janine Troutman PO Box 11705 Aspen, CO 81612 379-6603 DEVELOPMENT REQUEST & DESCRIPTION: Re uest: This application is respectfully submitted for approval to establish asingle-family residence building envelope and customary accessory uses. The appropriate criteria for 1041 Hazazd Review approval aze provided as attachments to the application. Location: Shield O Mesa S W '/e of the SE '/< of Section 15, Township 9, South Range 86 West. (Attachment 1) Property is located next to four lots that already have existing homes. Those adjacent pazcels are of similaz size, geography and vegetation. The vegetation is sparse, comprised of sage and small scrub oak. The building envelope is the least vegetated site on the pazcel, being that it is the high point on the lot, windy, dry and of poor soil for growing. Most of the lot is gently sloping with the building envelope neazly flat. PROOF OF OWNERSHIP: Warranty & Ouit Claim Deeds: (Attachments 2, 3 & 4) Legal Pazcel -Adjacent Propertv Ownership History Report: (Attachment 5) SITE PLAN: Vicinitv Man: (Attachment 6) REPSONSE TO ARTICLE 2 PITHIN COUNTY LAND USE CODE: 2-80 Natural and Man-Made Hazazd and Resource Areas: Pursuant to this 1041 Hazard Review application, all slopes within pazcel boundaries greater than 15% area accurately mapped represent a diligent intent by owner and designer to avoid, where possible, hazazds related to construction on steep slopes. (Attachment 7) Wildfire mitigation strategies related to envelopes for built structures will be strictly followed per direction by Wildfire Specialists. (Attachment 8) All landscape features adhering to wild fire mitigation standazds will be represented on site plan development documents. No obvious human or natural hazard threats, including geologic hazazds aze present. 2-100 Drainage: Existing, natural drainage patterns will remain unaltered by construction of residence. No structures will be constructed in obvious water course patterns. 2-110 Erosion: It is the sincere intent of the owner and designer to provide and promote necessary erosion control strategies such as silt fencing during construction, rip-rap in steep drainage basins and re-vegetation with native species immediately following construction. 2-140 Water Resource Impacts: No diversions or unqualified containment of natural water resources will be performed on site. Natural filtration bio-zones such as meadows and wetlands are not present on site. 2-160 Wildlife Management: Kevin Wright with the Division of Wildlife has determined that the site contains a limited amount of browsing vegetation, and that the proposed home site will not impact the migration route. 2-180 Sewage Treatment: Sewage treatment for residence will be provided by an approved individual septic system. 2-200 Road Design and Construction: Access road to residence will be located in area creating the least environmental impact, at grade and length requiring the least maintenance and greatest public safety. 2-270 Ener~v Conservation: It is the intent of the owner and designer to capture and utilize the greatest amount of renewable energy possible. 2-310 Adopting the Ecological Bill of Rights BBORI: It is the intent of the owner and designer to employ, where possible, the EBOR for all interventions and events occurring at the site. REPSONSE TO SECT 3-60, ENVIRONMENTAL & AESTHTIC STANDARDS: Note: This lot is not within the scenic overlay or ridgeline boundaries as recognized by Suzanne Wolff, PCCD. 3-60-30 Preservation of Natural Landscane Item B Design and Construction: All earth moving activities for building footprint excavation; cut and fill activities and landscaping aze designed for the least impact to native vegetation or natural grade. Earth moving at proposed building envelope does not affect streams or wetland vegetation. J~v°';7b Utilities entering site will be placed within the disturbance envelope of the access drive to lessen impacts from excavation. 3-60-040 Scenic Overlay: It has been determined that the building envelope and pazcel do not exist within, cross or interface with the scenic overlay regulation zones for Pitkin County. Furthermore, the parcel cannot be viewed from any of the mapped public view corridors listed in item B.1: 3-60-040. 3-70-030 Drainaee: Existing, natural drainage patterns will be utilized for proposed structures. No areas immediately adjacent to structures will have drainage slopes of less than'/<" to 1"-0". Silt fencing will be used for treatment and mitigation of run-off during construction. 3-70-040 Erosion: Placement of structures and run-off related to all water planes will be designed to mitigate increased erosion related to site intervention. Adequate landscape design and aggressive re-vegetation strategies will be employed to address erosion following construction. 3-70-050 Groundwater: As the site exists on a rugged, hilly area and atop a small cluster of low-lying mountains, no notable indications aze present that groundwater rechazge areas or major aquifers will be impacted by proposed development. All activities related to earth moving will be scheduled to avoid seasons related to heavy rain and subsequent run-off. 3-70-100 Water Sunnly Water will be provided via well, for which a permit has been issued. Well permit #32271 from the Division of Water Resources. (Attachment 9) RESPONSES TO SECTION 3-80-050 GEOLOGICAL HAZARD AREAS: Note: Mapped Mancos Shale in excess of 15 or 30% as recognized by Suzanne Wolff, PCCD. 3-80-50 item A Avalanche Areas: No existing avalanche hazards aze present at this site. 3-80-50 item C Potentially Unstable Slopes: The proposed building activity azea exists on slopes greater than 15% but does not interface with slopes greater than 22%. We are petitioning for consent to engage this development based on the following azguments: 1). Proposed location of built structure provides opportunity to lessen site impact, thereby lessening the need for removal of vegetation and interruption of existing, natural storm water drainage patterns. ~.3Vv`.. d(~ 2). Proposed location enables residence with south facing, solaz access, thereby increasing energy efficiency of the structure. 3). Approximately 95% of south facing property is on slopes greater than 15%. 4). Proposed building location provides an adequate buffer distance between adjacent neighbors. (Attachment 6) 5). For purposes of emergency access to the building site, the proposed building location complies with Wildfire Specialist, Vincew Urbina, who recommends that, `the future driveway originate at a right angle to Chateau Way to facilitate emergency vehicle access' (Attachment 8) 6). Additionally, the proposed building site follows the Wildfire Specialist recommendation for building location in regazds to slope as he states; `I discussed the best location from a wildfire standpoint... with a south aspect and a 15-20% slope that would work from a wildfire hazard perspective.' (Attachment 8) Furthermore, it is the intention of the owner to procure appropriate professional geological and soils engineering analysis of the site to qualify the structural stability of the building site. RESPONSES TO SECTION 3-80-070 WILDFIRE HAZARD AREA: Parcel has been determined to have `Medium' and `Severe' fire hazard, with proposed building site located in `Medium' fire hazard location. (Attachment 8) 3-80-070 item C Mitigation Standazds: All mitigation strategies listed in wildfire mitigation letter by Wildfire Specialist will be employed. (Attachment 8) 3-80-070 item C.1 Location: Proposed building site is not located in draw, canyon or on slopes greater than 30%. RESPONSES TO SECTION 3-80-080 WILDLIFE HABITAT AREAS: Note: No mapped areas within '/< mile of mapped elk winter range as recognized by Suzanne Wolff, PCCD. All standards set forth in section 3-80-080 items A through G will be recognized and employed to the furthest extent, where applicable. The lot is approximately 1 mile from a mapped deer and elk migration corridor and''/4 mile from elk winter range. Additionally, the sparse vegetation provides only a very limited amount of browsing. ~l~i"~~~ RESPONSES TO SECTION 3-110 IMPROVEMENTS & SERVICES: 3-110-020 Logical Extension of Utilities: All standazds set forth in 3-110-020, items A through I will be recognized and employed to the furthest extent, where applicable. All utilities will be buried. 3-110-040 Water Supply Systems: All standards set forth in section 3-110-020, items A through I will be recognized and employed to the furthest extent, where applicable. Water will be provided via well, for which a permit has been issued. Well permit #32271 from the Division of Water Resources. (Attachment 9) 3-110-050 Sewage Treatment and Collection: All standazds set forth in section 3-110-050, items A through D will be recognized and employed to the furthest extent, where applicable. 3-110-050 item C Private Sewage System: Wastewater system for proposed residence will be provided by an Individual Septic System. 3-110-060 Public Utilities: All standards set forth in section 3-110-060, items A through C will be recognized and employed to the furthest extent, where applicable. Gas for appliances will be provided by propane. Propane storage tank and supply lines will be designed, located and installed by licensed professional. 3-110-060 item C Under grounding: All public and private utility company services will be brought to structures underground. All trenching for utilities will take place within the access road building envelope and in disturbance envelope of building foot print. 3-110-070 Roads: The lot is accessed via Shield O Mesa Road and Chateau Way. I am required to join the Shield O Mesa Road Improvement Association, which has been formed to maintain and improve the road. (Attachment 10) 3-110-080 Parking: All standazds set forth in section 3-110-080, items A through C will be recognized and employed to the furthest extent, where applicable. 3-110-110 Li ting: All standards set forth in section 3-110-110, items A through Q will be recognized and employed to the furthest extent, where applicable. RESPONSE TO SECTION 3-190-030 LOT LINE ADJUSTMENTS: Sepazate pazcel boundaries have been eliminated. Lot line adjustment activities for parcel aze in compliance with all standazds set forth in section 3-190-030, items A through F. (Attachment 6) RESPONSE TO SECT 9-110-051 GMQS EXEMPTION FOR PRE-1978 PARCEL: Separate pazcel boundaries have been eliminated. Lot line adjustment restored the parcel to pre-1978 condition. ADJACENT OWNERS: Robert Oxenberg PO Box 12381 Aspen, CO 81612 Mary & Michael Johnston 25 Colt Lane Gladston, NJ 07934 Susan & David Hale 501 Chateau Way Old Snowmass, CO 81654 7,(i~l5l ~ (DOOD I Z~KS/S'1{oDDI ~ p fl ~v (~ 3 S~~ ~-r gHtl ~ Z~ ~ ~ l SL{ ~~ r SSS ~~^^~ ('~ ~~~y r~3 ~~~~ 2~~SZ2(°1 ~~~ 25~ ~-~-(~ LL.. :9~J~:82 `-' C_» ~~E~;:~ 4~ aa~~'~^ 7 ]]C~ e ~~ G.7 6 333 y yyyspq,, y~ % ~y YSl~~~ ..... . ~ e ~~C$ ~ g $ ~ ~~ ma 0® ~ ~ ~~ ~(F~ T~G bd A[ fi S $9 e J 1 ~ f` f s s tf t' 1 ,' ,' ~~ ao as.e ~, a'c ~. f eoeo.e~ ~, ~ \"fit N L n i.___.. 7~8 ~'.x ,; a Y a ~ ~a}g~ i i ~ : i i F 1 3 S , 7 r lr ~, n 1! ~ i m 's• X10 ~N3 "'>.°'f A O O m O D 0 2 Y 7 z 0e P D, O~ N N w N~y \ S LL y A Y ~~ Z ~ ~ Q £~ ,; , ; ,~ ~ ~ ON ? p p N O a° Q ~ 4, 0 $ 8M b~ F Y v ~J :, V~ 9~. OQ.. n__ A i t ~ ... ~ U ~J r ; , } ~,. ~~ '(«.. + aN a f' ^c !~ d 1 c !/ ~F~ r ~ f' ~~~ • ~,~; R cti~, ~,", ~ N'~' ~~ ~> FOREST SERVICE August 2l, 2000 Janine Troutman P.O. Box 11705 Aspen, CO 81612 Re: Troutman 1041 Wildfire Hazard Review Dear Janine, S~:ate Services Building 222 S. 6[h S[reet, Raom 416 Graod Junction, Colorado 81501 Tel.ephm[c: (970) 248-7325 Please include this letter with any application correspondence to Pitkin County. When I receive the referral fro.:, them E w !dater to •J~e :,;,m;rents coats i^sd n ti<:s !et?er. I visited the Troutman property (Snowmass Mesa #3) with the owner, Janine Troutman on August 11 °i. Access to the parcel is via Chateau Way in the Shield-O-Mesa subdivision. The road to the p;arc:el is in good shape and adequate for emergency service vehicles. I have visited this subdivision numerous times this year apd the road has been in good shape every time. There is presently no driveway into the parcel but I do recommend that the future driveway originate at a right angle to Chateau Way to facilitate emergenr.~~ vehicle access. No envelope had. been. selected so Janine and I discussed the best location from a wildfire standpoint. There is one spot with a south aspect and a 15-20% slope that would work from a wildfire hazard perspective. It has very scattered Gambel oak/serviceberry that is less than 3 feet tall. Between the oak/sf:rvicebeny there is bare ground. I would rate the wildfire hazard as medium. Outside of this area the oak/serviceberry is much taller and denser presently growing on steeper slopes. These fuels would be rated as severe. Chateau Way serves as a fuelbreak on the south and north sides of this property. My recommendations to mitigate the existing wildfire hazard are as follows: 1) For a distance of 15 feet around all structures establish and maintain vegetation at 6 inches or less. This can be accomplished with mowed grass, low growing perennials or some hype of non-flammable material (e.g., rock mulch, pavers, sidewalk). Woody vegetation should not be planted within this perimeter. In addition, flammable material (e.g., firewood) should not be stored here. 2) For a distance of 100 feet in every direction thin the existing shrubby fuels to brl=ak up the vertical and horizontal continuity of fuels. Thin the existing oak/serviceberry so the clumps allowed to remain are no larger than 2 times the height of the existing plants. And the spacing between clumps is 3 times the height. For example the shrlabs are 1G feet fall. Shrub clumps should be no larger than 20 feet in width and the spacing between clumps is 30 feet. The area between Gumps should have low growing vegetation (e.g., grass, flowers) that can be maintained at 6 inches or less. 3) The lower branches of all shrubs should have the lower limbs removed up to half the total height of the plant to eliminate ladder fuels. For example, 10-foot tall shrubs should have no small side branches below 5 feet on the plants. 4) All deadfall within 150 feet of structures should be removed. Feel free to call me with any questions. Sincerely, ~(- Vince Urbino Assistant District Forester 14~s',; !~ ~ ~z fit A C K', ~~^,~ NT OCT-01-2003 11:33AM FROM-DIYSNATERES 9709459741 Form No. OFFICE OF 7~Ht S IAI t tNlalNtCK Gws-z5 CO~LORAD~0~31V~SIfJN OF W~A~7ER~RESOURCES c~nm rw~a;a, APPLICANT JANINE TROUTMAN PO BOX 1170.5 ASPEN, CO 81B12- (970)379-6603 APPROVED W ELL LOCATIOfJ PITKIN COUNTY SW 1/4 SE 1/4 Section 15 Township 9 S Range 86 W Sixth P.M. DISTANCES FROM__SECTION LINES 700 Ft. from South Section Line 2800 FL from East Section Line UTM COORDINATES oareuny: ISSUAJJCE OF THIS PERMIT DOES NOT CONFER A WATER RIGIiT CONdaIONS OF APPROVAL t) This well shall be used In sueh'a way as to cause no material injury to axisNng water rights. The issuance ~f this pertnil does rtot ensure thatno injury wt8 occur To another vested water right or prelude another owner of a vested water right from aeeldng relief In a lvil court action. 2) The consWction ofthia we0 shall be in compliance with the Water Well ConsWcrron Rules 2 CCR 402-2, unless approval of a variance has been grentetl by the State Board of Examiners af, Water Well ConattutXivn and Pump Installation Contractors in accordance with Rule 18. 3) Approved pursuant to CRS 37-g2-802(3)(c) for the relocation of an e5dsting well, permit no. 32271. The olcl well mtut t>o plugged in accordance with Rule 16 of the Water W e9 Consbuction Rules within ninety (g0) days of completion of the new wdl. The endosed Well Abandonment Report form moat be completed and submitted to affirm that the altl well was plugged. 4) Approved as a well on a residential site of 1.61 acre(s) described as bt 3, Shield O Mesa Subdivision, Pltkin CpuMy. Funher identified es'420 Chateau WaY, Srtowmass, CO 81656. 5) The use of grotmdwalerirom this well is limited to fire protection, ordlttary household purposes inside one (i) single famiy dwNling, the irrigation o} not more than ono (1) acre of home gardens and hams, and the watering of domestic animals. 6) The pumping rate of this we5 shalt not exceed 15 GPM. 7) Thb well shall ba consbucteq,bat more than Z00 feet from Ore location specified on Chia permO. NOTICE: This parmft has basil, approved for the parcel as noted above. The applicant identified three peicels totallnQ 5 acres in size. The pemdt wee approved for an individual parcel being a 1.81 acre tree( identffied as bt 3, Shield O Mesa Subdivision,. You era heretiy notified that you have the right to appeal tho issuance of tltis permit. by fi0ng a written request witit this olfico within~si:dy (80) days of the Gate of lssuartce, pursuant to Ote State Administrative Pnxxdures Act. (Sae 9eroiOn 244104through 108, C.R.SJ ~ ~ ~ ' NOTE: ' Percet Idenflfication Number (PIN): 49.2845.153-00-022 /' NOTE At:sessorTax Schedule Number. R01t3478 ~ ~~~~/ ~ ~.>' ' APPROVED ~ ~ . ",..,. ~j state Enynear _ .. -~ ------- -- --~ ~-- - BY T-44% x.001/001 F-230 ._ u~ ~ WELL PERMIT NUMBER .32271 - ,~J DIV. 5 WD38 DES. BASIN MD Lot 3 Block: Filing. SLLxtl'K. 3HfELD O MESA !(~~1;~' ROBERT C. HUTTO ~ PROFESSIONAL LAND SURVEYOR 725 CEMETERY LANE • ASPEN, COLORADO 81611 • (970) 544-9952 The Lands OF Christensen To Be Quit Claimed To Troutman Pitkin County, Colorado All that certain real property situate in the SE1/4 of Section 15, and the NE 1/4 of Section 22, Township 9 South, Range 86 West, of the Sixth Principal Meridian, Pitkin County, State of Colorado, said property being more particularly described as follows: BEGINNING at the most northerly corner of the lands of David S. Hale and Susan C. Hale, by deed recorded April 4, 1998 in Reception Document #415960 and shown on that certain "1041" plat filed in Book 31 at Page 91, in the Office of the Pitkin County Recorder, said POINT OF BEGINNING being called North 84°58'04" East 3285.03 feet distant from a rock properly marked and in place for the SW Corner of said Section 15 in said deed; thence along the northerly line of said lands of Hale South 65°39'35" East 333.47 feet to its intersection with the northwesterly line of the lands of Harlan Akin, by deed recorded July 25, 1990 in Reception Document #324657, Office of the Pitkin County Recorder; thence North 48°00'00" East 14.99 feet to the most northerly corner of said lands of Akin; thence along the northerly line of said lands of Akin South 47°10'00" East 321.59 feet to its intersection with the westerly line of Lot 2 as said Lot 2 is shown on that certain plat entitled "FINAL PLAT POWELL SUBDIVISION" filed March 10, 1993 in Plat Book 30 at page 97, Office of the Pitkin County Recorder; thence along said westerly line of Lot 2 North 48°00'00" East 360.21 feet; thence North 52°02'26" West 372.65 feet (called 372.61 feet on said Lot 2) to the southeasterly line of the lands of Harold Reese Jr., Ronald Reese, and Christine Reese McCulloch, by deed recorded February 19, 1980 in Book 383 at page 935, Office of the Pitkin County Recorder; thence along said line of the lands of Reese South 22°05'00" West 72.00 feet; thence South 87°58'00" West 50.00 feet; thence North 16°39'40" West 175.11 feet; thence North 25°21'00" West 121.94 feet; thence North 80°30'00" West 35.22 feet to the northeasterly corner of the lands of Janine Troutman, by Quit Claim Deed recorded May 23, 2003 in Reception Document #483139, Office of the Pitkin County Recorder (the last five courses along the said land of Reese being the centerline of a 60 foot road easement); thence along the easterly line of said lands of Troutman due South 48.43 feet; thence South 38°53'33" West 190.00 feet; thence South 59°32'46" West 183.55 feet; thence South 33°19'40" West 60.00 feet to the POINT OF BEGINNING and containing 5.0946 acres of land more or less. ~' ;'~ ~, ,€3~~ . g~tgc+4 M~ uT 2 s, '~' ~~4f.J Filed for record the dey of ,A.D. at o'clock M ' ~ ' ._ Reception No. CORDER. :i': By DEPUTY WARRANTY DEED TEAS DEED, Made on this day of December I1, 2000 between UTAH PROCESS AGENCY, INC. ' of the County of and State of IAaho of the Grantor(s), and ::: JANINE L. TROUTMAN ':! whose legal address is P.O. BOX 11705 ASPEN CO 81612 of the County of PITKIN and State of CulnrslAn of the Grantee(s): WITNESS, That the Grantor(s), for and in consideration of the sum of ( $50,000.00 ) *** Pifty ThousnnA anA 00/100 *** DOLLARS the receipt and sufficiency of which is hereby acknowledged, has granted, ha rgained, sold and conveyed and by these t d , presen s oes grant, bargain, sell, convey and confirm unto the Grantee(s), his heirs end assigns forever all the real , property, together with improvements, if any, situate, lying and being in the County of PITKIN and S[a [e of Colorado, described as follows: ;! SEE EXHIBIT "A"ATTACHED }IERETO AND MADE A PART HEREOF also known as street number SW 1/4 OF THE SEI/4 OF SECTION 15, TOWNSHIP 9 SOUTH, RANGE 66 WEST SNOWMASS CO , , 61654 7'OC ETIEER with alL and singular and hereditaments and appurtenances thereto belonging, or in anywise appertaining and the reversio d i n an revers ons, remainder and remainders, rents, issues and profits thereof; and all the estate, right ' title interest claim and demand h t , w a soever of the Grantor(s), either in lau or equity, of, in and [o the above bargained ', premises, with the hereditaments and appurtenances; TO fIAVE AND TO f{O LD the said premises above bargained and described with appurtenances, unto the Grantee(s) his heirs d i , an ass gns forever. The Grantor(s), for himself, his heirs and personal representatives, does covenant, grant bargain and a ree t d i h , , g o an w t the Grantee(s), his heirs and assigns, that at [he tiule of the ensealing and delivery : of these rese t h i p n s, e s well seized of the premises above conveyed, has good, sure, perfect, absolute and indefeasible '' estate of inheritance in law i f i l , , n ee s mp e, and has good right, full power and lawful authority to grant bargain sell and conve th , , y e same in manner and form as ateres ai d, and that The same are free and clear rrom all farmer and other grants, bargains sales liens taxe , , , s, assessments, encumbrances and restrictions of whatever kind or nature soever, :': EXCEPT GENERAL TAXES AND ASSESSMENTS FOR THE YEAR 2000 AND SUBSEQUENT YEARS, AND EXCPE'1' THOSE MATTERS AS ' ~? SET POIZTH ON EXHIBIT "B" ATTACHED HERETO ANU INCORPORATED HEREIN BY REF ERENCE. The Grantor(s) shall and will WARRANT AND FOREVER DEFEND the above ha rgained premises in the quiet and peaceable possessio f h n o t e Grantee(s), his heirs and assigns, against all and every person or persons lawfully claiming the whole or any part thereof th i . e s ngular nurtlber shall include the plural, and the plural [he singular, and [he use of any gender shall be applicable to ll d a gen ers. IN WITNESS WIFEREOF the Grantor(s) has executed this deed on the date set forth above. U } PRO E AGENCY, INC., UTAH CORPORATION BY. PAUL DEAN HUNT, PRESIDENT ? STATE OF ~~ ) I -~ ~j Count of ~ _ y ~=~~=-) (Illlll lull llllil Illlll Illl Illlll lilll Ill illll Illl I'll ~i ~ 45439 05/01/2001 03:08P WD Di1VI5 SILVI 1 of 5 R 25.00 D 5.00 N 0.00 PITKIN COUNTY CO nThe'fnore~~rSg igsNC I ~q y 2000 b W u H L K ' e o r e y C , U 4 ~ yr bK1P~ SEOP UTAH PROCESS ACENCY 1NC A UTAH COR PORATION _ ~~ Nt~ , ~ F a lic / - My c ex I ra '~l~`' ~ I Wi~ ~, P ~~~Y t ; ~4 d ~ I , T, lnp an o il" gal tr a I Sk ( .~ly'(i 9r I IL.alaadly Uf 11 NJtit: ~ ~ ` t F .,.~ ...')1101111111.. .)YI i_%l]IfU: 1 " l^ ' 4. ~, r' .a)IJG ma+ Notary Public Name an ~^Addressp af°Persen~ereaTi ng~New ly^nCre fed Legal Description ( 38-35-106.5, C.R.S.) 'i~l Escrow# 0381124 When Recorded Return to: JAN INE L. TROUTMAN !~ Titte# 0381124 ' P.O. BOX 11705 ~: Farm No. 932 Rev 4-94. WARRANTY DEED (Photographic Record WD .OPEN) ASPEN CO 81612 - ' ~ STEPH Y ICH,SECRETARY STATE OF IDAHO COUNTY OF BEAR LAKE ~ yy J r u , ~ r ,~ ~ + r ~ c~'w-~4' ~ ~'~ :: r . ~ ' ~, „ r Sworn to before me on this day off' ~,, g zbn C~ , by Stephany Wuthrich as Secretary of Utah Process Agency, Inc., a Utah Corporation My comm~ ion expires: 3 - 3D -2 00 ~ Witness my hand and official seal. .« ._ •.•` ~~ Y. ypw•.,~~ ~ _ r••JN•° ~ C .._ ~ ~ ~•~ ; * Not ublic 't.~y~••...°°°• ~O ~'b~B OP IZ~ ~' I IIIIII "III "III' I"II' I"I IIII'I'II'I III "II' III I"I 484039 06/01/2001 03:08P WD DRVIS SILVI 2 of 6 R 25.00 D 6.00 N 0.00 PITKIN COUNTY CO ~~~~~~ EXHIBIT A ALL THAT CERTAIN REAL PROPERTY SITUATE IN THE SW1/4 OF THE SE1/4 OF SECTION 15, TOWNSHIP 9 SOUTH, RANGE 86 WEST OF THE SIXTH PRINCIPAL MERIDIAN, PITKIN COUNTY, COLORADO, SAID PROPERTY BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT AN ANGLE POINT IN THE WESTERLY LINE OF THE LANDS DESCRIBED IN THAT CERTAIN DEED GRANTED TO HALE HY RECEPTION DOCUMENT #370665 (752 O.R. 252) AND SHOWN ON THAT CERTAIN PLAT FILED IN BOOK 31 AT PAGE 91, IN THE OFFICE OF THE PITKIN COUNTY RECORDER, SAID ANGLE POINT BEING DISTANT NORTH 15 DEGREES 19'34" EAST 256.37 FEET FROM THE WESTERLY MOST CORNER OF SAID LANDS OF HALE, SAID ANGLE POINT BEING MARKED IN PLACE HY A 5/8" REHAR WITH RED PLASTIC CAP LS#7972; THENCE FROM SAID POINT OF COMMENCEMENT ALONG THE NORTHWESTERLY LINE OF SAID LANDS OF HALE NORTH 55 DEGREES 00'00" EAST 60.00 FEET; THENCE NORTH 58 DEGREES 44'00" EAST 224.65 FEET; THENCE LEAVING LAST SAID LINE OF HALE, ALONG THE SOUTHWESTERLY LINE OF THE LANDS GRANTED TO SNOWMASS WATER SYSTEMS BY PROFESSIONAL SALES ASSOCIATED RECORDED AUGUST 15, 1994 IN DEED BOOK 756 AT PAGE 542 IN THE OFFICE OF THE PITKIN COUNTY RECORDER, NORTH 64 DEGREES 54'09" WEST 208.68 FEET TO THE TRUE POINT OF BEGINNING OF THE LANDS HEREIN DESCRIBED; THENCE NORTH 23 DEGREES 40'06" WEST 94.96 FEET; THENCE LEAVING SAID LINE OF SNOWMASS WATER SYSTEMS SOUTH 87 DEGREES 45'00" WEST 258.85 FEET TO THE EASTERLY LZNE OF THE LANDS SHOWN ON THAT CERTAIN MAP ENTITLED "POWELL SUBDIVISION (AMENDED) AS FILED IN PLAT BOOK 41 AT PAGE 20 IN THE OFFICE OF THE PITKIN COUNTY RECORDER; THENCE SOUTH 00 DEGREES 54'45" WEST 353.82 FEET; THENCE LEAVING LAST SAID LINE OF POWELL SUBDIVISION, NORTH 63 DEGREES 18'00" EAST 43.15 FEET TO THE BEGINNING OF A TANGENT CURVE TO THE LEFT HAVING A RADIUS OF 601.10 FEET; THENCE 331.35 FEET ALONG SAID CURVE TO A POINT OF TANGENCY; THENCE NORTH 31 DEGREES 43'00" EAST 43.00 FEET TO THE TRUE POINT OF BEGINNING. COUNTY OF PITKIN STATE OF COLORADO I II'III "III I'IIII I"II' I"I IIII'I II"I III I'I" IIII I"I 454039 08/01/2001 03:08P WD DpVIS SILVI 3 of 5 R 25.00 D 8.00 N 0,00 PITKIN COUNTY CO X381124 ~~J(;~~9 EXffIBIT B RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE AUTHORITY OP THE UNITED STATES AS RESERVED IN UNITED STATES PATENT RECORDED April 22, 1911, 1N BOOK 55 AT PACE 186. AN UNDIVIDED 50 PERCENT OP Al_L OIL, GAS AND OTHER MINERALS IN THE SUBJECT PROPERTY AS RESERVED IN TIIE DEED RECORDED OCT'ODER 2, 1951 IN BOOK 176 AT PAGE 603, TOGETHER WITH TIIE RIGHT' TO ENTER UPON AND USE TIIE SURFACE OP SUBJECT PROPERTY POR EXPLORATION, DEVHLOPMENT AND PRODUCTION OP THE SAME, ANY AND ALL ASSIGNMENTS Tf1EREOP OR INTERESTS THEREIN. AN UNDIVIDED 50 PERCENT OF ALL OIL, GAS AND OTHER MINERALS IN TfIE SUBJECT PROPERTY AS RESERVED IN 'fIIE DL'GD RECORDED JUNE 1, 1967 IN HOOK 227 AT PAGE 226, ANY AND ALL ASSIGNMEN'I'S'I'HEREOF OR INTERESTS THEREIN. AL.I. MINERAL RIGHTS AS RESERVED BY JAN R. CIIRIS'1'ENSEN IN THE DEED RECORDED SEPTEMBER 1, 1967 IN BOOK 228 A'1' I'AGB 579, ANY AND Al..l. ASSIGNMENTS THEREOII OR IN'fERES'fS'I'l1EREIN. EASEMENT POR A FOR DITCH AS RESERVED BY JAN R. CHRIST'ENSEN IN THE DEED RECORDEll SEPTEMBER 1, 1967 IN BOOK 228 A'f PAGE 579. EASEMP.N'I'S AND RIGHTS OP WAY POR ROAUS, S'I'REE'I'S, HIGIIWAYS, DITCHES, CANALS, PIPELINES AND lJ'I'ILI'I'Y LINES AS ('ONS'I'RIJC'1'ED AND IN I'L.ACE, OR AS GRANTED I'GR T'lIE BENENI'I' OP O'I'IIER LANDS PREVIOUSLY OWNHD HY JAN It. CI1121S'I'ENSIN, SNOWMASS UIIVLsI_OI'MEN'I' CORI'OItA'I'ION, Ult I'ROI~IiSS1ONAl. SALES ASSOCIA'fGS, INC., IN VARIOUS DL'IDS OIL RG('OItD, AND AS MAY IIAVI? BEL'N, OR MAY BE, ESTABLISHED BY PRESCRII''I'ION, WAY OI' NECESSITY, Olt OTHER MEANS, AND ANY AND ALL LOSS, DA~TA(ili OR AUVEI(Sls CLAIMS ARISING I~kOM OR UUE'I'O'I'lIE [{XCERCISE OI+ SAID IJASEMI:N'I' ItlGll'I'S OR A'I"IT:NII''I'S'f0 I1S'I'ABL.ISII A LEGAL EASEMENT' 121611'1' IN ANY COUIYI'. ANY LAW, ORDNANCE OR GOVERNMENTAL REGULATION (INCLUDING BUT NOT L1MlTED TO BUILDING AND ZONIN(J ORDINANCE) RES'fRIC'1'ING OR REGIJLA'1'ING 012 PROIIIBI'I'ING'I'HE O('CUPANCY, USE OR ENJOYMENT' OIL '1'I IL' LAND, 012 12EGULA'fING'1'f1E CIIARAC'fER, DIMENSIONS, OIt L.OCA'I'ION OF ANY IMI'ROVEMEN'f NOW Olt HEREAh'1'ER ERLC'I'ED ON SAID LAND, OR PROIIIBI'I'ING A SEPARATION IN OWNERSHIP OR A REDUCTION IN THE DIMENSIONS OR AREA OP AN1' L.O'I' OR PARCEL OP LAND AND ANY AND ALL. LOSS, DAMAGE OR ADVERSE CLAIMS ARISING THEREFROM. TERMS, AGREEMENTS, PROVISIONS, CONDITIONS AND OBLIGATIONS 01~ ~~'J(:~9J I II'III "III "1111 I"II' I'II 1111'1'1"1 III 1'111'1'1 I"I 454039 05/01/2001 03:08P WD DpVIS SILVI 4 of 5 R 25.00 D 5.00 N 0.00 PITKIN COUNTY CO EXIfIBIT B (Copt) Our Order No. Q381124-5 RESOLUTION NO. 97-156, REGARDING MESA ROAD, RECORDED SEPTEMBER 4, 1997 AS RECEPTION NO. 408013 AND RERECORDED FEBRUARY 13, 1998 AS RECEPTION NO. 413575. TERMS, AGREEMENTS, PROVISIONS, CONDITIONS AND OBLIGATIONS OF RESOLUTION NO. 96-145, RECORDED JANUARY 31, 1997 AS RECEPTION NO. 401412. TERMS, AGREEMENTS, PROVISIONS, CONDITIONS AND OBLIGATONS OF DECLARATION OF PROTECTIVE COVENANTS FOR THE SHETLD-O-MESA ROAD IMPROVEMENT AND MAINTENANCE ASSOCIATION, RECORDED JULY 22, ]997 AS RECEPTION NO. 4066544 AND AMENDMENT RECORDED SEPTEMBER 8, 1997 AS RECEPTION NO. 408197. TERMS, AGREEMENTS, PROVISIONS, CONDITIONS AND OBLIGATIONS OF RULES POR USE AND MAINTENANCE OF SHIELD 0 ROAD, RECORDED MAY 29, 1992 IN BOOK 678 AT PAGE 994 AS RECEPTION NO. 345172. TERMS, AGREEMENTS, PROVISIONS, CONDITIONS AND OBLIGATIONS OF ORDINANCE NO. 97-33, REGARDING LIFTING THE MORATORIUM ON ISSUING DUILDING PERMITS, RECORDED SEPTEMBER 8, 1997 AS RECEPTION NO. 408165. TERMS, AGREEMENTS, PROVISIONS, CONDITIONS AND OBLIGATIONS OP ROAD MAINTENANCE AGREEMENT FOR SHIELD-O-MESA ROAD IMPROVEMENT AND MAINTENANCE RECORDED OCTOBER ]0, 1997 AS RECEPTION NO. 409334. ANY AND ALL EASEMENTS, RIGHTS OF WAY, PLA'C NOTES, DIFFERENCES BETWEEN THE DEEDED LEGAL DESCRIP"PION AND THE NEW LEGAL DESCRIPTION, AS SHOWN ON THE IMPROVEMENT & TOPOGRAPHIC SURVEY BY ROBERT C. HUTTON, PROFESSIONAL LAND SURVEYOR, DATED OCTOBER 24, 2000. I II'III "III "III' I"III I"I 1111'1'1"1 III "111'111 I"I 484039 06/01/2001 03:08P WD DpVIS SILVI 6 of 6 R 26.00 D 6.00 N 0.00 PITKIN COUNTY CO J~3vL91 ' liccorded al _ o'clock ~ M., Reception No. Recorder 91 Page R L:QU EST FOR PA RI7AL RELEASE OF DEED OF'1'RUST AND PARTIAL RELEASE Professional Sales Associates ~un`yan Inves ent Co„ Tnc. a/k/a Runyon Investment Co., Inc. February 18, 1987 Jttne 7 Pitkin Date Original Grantor (borrower) Original Beneficiary (Lender) Date of Deed of Trust Recording Date of Deed of Trust 57 County of Recording Reception and/or Film Nos. of Recorded Deed of Trust Reception No. Film No. 533 TO THE PUBLIC TRUSTEE OF IIook and Page of Deed of Trust Pltkln County (The Public Trustee to which the above Deed of "trust conveys the said propeny.) Please esrcute this release, as the indebtedness has been partially paid and/or the terms and conditions o(Ihe trust have been partially satislicd. Banyan Investment Company LS,C (forTnerly Banyan Investment Co Inc a/k/a C unem Owner and Holler of the EviAence of Debi Secured by Oeed of Trun ILrnded -T BU~1 ~/On InVeStment CO~. ~ BV ,7Pani P Rain Man~rtor Name County of ~~~?w a r ~ ~ ~ ~f Y"c...c~ a~ rl "the foregoing reque t for eel ase was acknowledged before me on "---' - •• _ `, ~ a b ~~x -1 (date) by OF Date Commission Expires PART/AI. RELEASE OF DEED OF TRUST and Holder Nomry KNOW ALL MEN, that the above referenced Grantor(s), by Deed of Trust, conveyed certain real property described in said Deed of li usl. lu the Public l7ustee o(the Cnumy rrl'erencrd above, in the Slate o(Colorado, to be held in trust to secure the payment n(the indchwdness relcrred to (herein. NUW 'f I ItiKEFOR E, ai the written request of the legal holder of the said indebtedness, and in consideration of the premises and the p:n mcm of lhr stat usury sum, receipt of which is hereby acknowledge), I, as the Public Trustee in the County first referenced above, du hereby remise, release and 4uitclaim unw the present owner or owners of the properly hereinalYer described, and unto the heirs, successors and assigns of such owner or owners forever, all the right, title and interest which 1 hove under and by virtue ollhe aforesaid Uecd of Tn~sl in that portion o(Ihe properly described as lollows: See ~shibit A 'f0 Ii AVE AND TO HOLD THE SAME, with all the privileges and appurteltances thereunto belonging forever; and further, that as to the property describe) above, 1 do hereby fully and absolutely release, cancel and forever discharge said Deed of Trust. Public Trustee State o(Coloradu, County of py ~ DeOury Public Trustee The foregoing instrument was acknowledged before me on (date) by as the Public Trustee of Coumy, Colorado. Dale Commission Expires Witness My Band and Seal Norary Public 'If applioubla, inxn u0c ul'ugeni or olacer end mmu nl curtenl owner anJ holler. Original Note and Dred o(Trust Returned to: Received by No. 9?7. Rer. 9-911. iNEQUES't FOR)PANI'IdL(HELEASE)OF DEED ON'1'HUST© aradlord Publishing,l]a)Wazee 5l.. DenYer. CO gWO:-p0)129LS500-10~9~ WHEN RECORDED RETURN TO: ~J 'lf'q;sf`. Q ESchibit n .,. .. LH'aALOR~PnQJ Ai.T 'Cf3AT CERTAIN RFAT PROI'FATY CI'[Tis'[S rn~ •rsm ewer ~h~ irw I t(rly 13~T(riVIY9HfP 9 SOfTTTi RAN(;F Bfi WF~ST (TP' TTTF' SIXTH 1'RiNCiPAi M11RRfiliAN PITKiN L~UN1Y. (.ULr~ILAUU. g,y~ Y1wyLA7'Y 111iLN[1 MUHIS YAx'1'li4LAl11.Y ULu'1tUlU AR FOLi.OWS• 4WMhlliNCING A'L' AN AN ' r N p LN 'L'l1Jf wrv~j •YI [N Lr'11L i wN Tti vc~ ~u((rn in THAT CT:ATAIN DF.F.t) ARANTFD TO HAi R AY 1~(:F:PiT(TN DIX.iIMRNT N37Rfi85 (7Ra n.R 2521 ANT) SHOWN ON THAT CF.ATA iN PTAT Fii Fn iN AOOK 31 AT PAC,R 91 iN THE OFRTCR OFf1F '1'llliYl'P N IN"L'Y AICS`[IRI7t'IL ¢wui wNr•~ v 19 t4 FAST SS6 371"EF'T' FROM T13F WRSTRAT Y MOIST COAN1t.R OR gA1D i.AND9 (R1' HAi Ti. SATTI AN(7,F. 1'OTNT ARTNf: hTARTCRD iN PLACT: AY A 5/A" RfiAAR WITH RRD PT,ASTT(" ('AP. ,_ TTiF,NCR FROM SAID T'O T OF COMMFNCFMFNT sT rttur Tvr+.r v r ~ nr cwm i,ANDS OF HAIR NORTH 55 DF,f:RF,Fq bu't>n" FAST fiR,OR FF.kT' j u+NC1S NuK'!'ll Stl ll ft: tg ,_y 44'UU" fntil' 27A.C5I,~frC~ T1iRN('F, i,FA ViNr 1 AST gATD 1 1NF OF HA1 F eT rrnlr •ruc 90i)TTTWFSI'F°i "*!*~+~ 'T'FTF' JANpS 'f;RANTRD TO 51VOWMAAS WATRR SYSTFM1f9 AY T'iil7EfL'S,gi(TNAT SAT Fq ASSCX'TATFD RRCORDFD AUIU~I LS 19'14 LN ~ r)y I(tY~K75tl A'l'YAC [ 543 N'j' Ili IuLZr1l1S uLr'L'1 1: Yf11fbN Iti'1'Y RECORD Nnana rw nrrnrec ewino~• "°~PSRR (n rnaT ~~r i nr i Hilo. i1~iM1 OE ARC,TNNTNF OF TAA TAND9 TTTtRF.iN DFSCRAIRD• L'iIICN(;1LLVUH'L'112,; UIiT:131Ll;yAU'U6" W1Ltil'')49ti Irlfli'1'. 17-1FNCR i.EA V W SSR.AS FTFT TO TTTF FARI'RAT Y T iNR OF TTTF T.ANDS SHOWN f7Nt TART i"F.RTATIV MAP ill"j~L 1LLI~YUW f9J. ~U1fUjVLS1LIN 1AMISNUIfIn Ay ru r-n IN YL.A•1' r YJJL41 n'1' knOl' zn trv T OITFTCF. OF TAF PTi'KTN CO[1NTY ATiCOADEg;. THFiYCR FOTI'T'A QO DF.(:RF.F_9 54'4S" WF:gT 353.141 FFT~T~ 1'L11SN(:1~L.~iA' VlNrr I nil' SALU LLNIs ul•' YUWISJ.J.. ~l(LU1VLtil~i, NOli;l'll di llliG11LL1`118'VU" FAST 4i.ls F'FTLT TO THR AFi(',TNNTN(' (YR A TAN(~'NT CTIRYF TO TAF i FFT HA VTNC A RADIUS OF fi01.lU FT;FT' "~1 lit' S111s1.35 L~L!t"1' AI CCU SALU r'llWVlf 'I'n w W11N'P Olf'1'AN['1'N['V• THFNCR N ~~*~^' - T T AF.C;TiVNTNr dUVV Z'ONl_~IZNCj~1TCi86.,P~C~'kjC:~`[yj,' T~r.~7JjE (QZj lih' $j; (:niTNTY nF PtTiCft~7 9TATR OF COi.OTLADO 1YOT& THE AAOYF 1 F.('Ai DFi9CR11'ITON WAq PRFPARF.D RY PA(]FRSST[NVAT T AND gi1RVFYOg, ROAF.RT C. iTt1TTON DATED OCTOAFR SRRR T q i11rLj11 ra f~nn(i7 . ~ ArrinAViz~ • FOR oarlial I21;1 EASG OF'I'HAT DEED O _ F TRUST; February 18 1987 1?nle of Deed of T t rus June 1 1987 Recordin Date f D d f g o ee o Trust 289578 Reception Numb f D d f er o ee o Trust _ $6,750.00 Amount of Deed f T t o rus March 1987 Date of Promisso N t ry o e $6.750.00 Amount of Promissory Note By Jeauie Bein Manager Bunvan Investment Comnanv LLC By Jeanie Bein Manager (LegallIolderofthelndebteduess) being first duly sworn upon oath, depose(s) and say(s) that Professional Sales Associates (Makers ofNole and Deed of Trust) executed the above referenced Deed ofTn~sl and Promissory Note secured thereby. Any discrepancy as to amounts or dates of the Deed of Tnisl or Promissory Note secured thereby was due to inadvertence and error. The obligations, both as to principal and interest, under the Deed of Trust have been partially paid and partially satisfied, and (hat affiants request(s) the Public Trustee in and for Pilkin County, Colorado to issue a partial release of the property described and conveyed by said Deed of Trust. Dated at This -~ clay of Bunvan Investment Company LLC Legal Ilolder's Name a ne & Title Si n lure ,'~~ bscr`=~ed '4'an before me appeared s~ea.r~; e ~ ~ . ~ ~ iss daps/qy ~ :expires : o ~-~ • a: ~ .~, is ai k' o y ~ ~.K .~ y p 0.i. • .. • ~N Notary blic ` ~ P ~ n_ CT ,~l^ s' Aodress ~Jro~C~.~ Co moo ` LI •~ ~~UC9 s IIIII IIIII 111111111111 IIII IIIIII~II III IIIII IIII 454038 05/01/2001 03:07P DCD VIS SILVI 1 of 2 R 10.00 D 0.00 N 0.00 PITKIN COUNTY OUIT CLAIM DEED THIS DEED, Made this day of N DU ~ R ,, CO 2000, between JAN R. CHRISTENSEN, individually, and PROFESSIONAL SALES ASSOCIATES, INC., of the County of Pitkin, State of Colorado, grantor, acid JANINE L. TROUTMAN P 0. Box 11705 whose legal address is~~~ok~7/~, Aspen, CO 81612 of the County ofPitkin and State of Colorado, grantee, ~tn,~ c+tnn~ u1' ~ WITNESSETH, that the grantor, for and inconsideration other good and valuable consideration of the sum of Ten Dollars ($10.00), the receipt and sufficiency of which is hereby acknowledged, has remised, released, sold, conveyed and QUIT CLAIMED, and by these presents does remise, release, sell, convey and QUIT CLAIM unto the grantee, its successors and assigns, forever, all the right, title, interest, claim and demand which the grantor has in and to the real property, together with improvements, if any, situate, lying and being in the County of Pitkin and State of Colorado as more particularly described as follows: A TRACT OF LAND LOCATED INTHE SW1/4 OF THE SEV4 OF SECTION 15, TOWNSHIP 9 SOUTH, RANGE 86 WEST OF THE SIXTH PRINCIPAL MERIDIAN, PITKIN COUNTY, COLORADO, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT, SAID POINT BEING ON THE CENTER LINE OF A 60.00 FOOT ROAD EASEMENT, WHICH IS NORTH 00 DEGREES 20' EAST 391.27 FEET FROM THE SOUTH QUARTER CORNER OF SECTION 15, TOWNSHIP 9 SOUTH, RANGE 86 WEST OF THE SIXTH PRINCIPAL MERIDIAN, AND RUNNING THENCE NORTH 87 DEGREES 45' EAST 250.70 FEET ALONG SAID CENTER LINE OF SAID ROAD EASEMENT; THENCE SOUTH 23 DEGREES 40'06" EAST 94.96 FEET TO THE CENTER LINE OF AN INTERSECTING 60.00 FOOT ROAD EASEMENT; THENCE SOUTH 31 DEGREES 43' WEST 43.00 FEET ALONG SAID CENTER LINE TO A POINT OF TANGENCY WITH A 601.10 FOOT RADIUS CURVE TO THE RIGHT; THENCE SOUTHW ESTERLY ALSO ALONG SAID CENTER LINE AND ARC OF SAID CURVE 331.35 FEET, THE CHORD OF WHICH BEARS SOUTH 47 DEGREES 30'30" WEST 327.17 FEET, TO A POINT OF TANGENCY; THENCE SOUTH 63 DEGREES 18' WEST 30.00 FEET; THENCE NORTH 00 DEGREES 20' EAST 348.20 FEET TO THE POINT OF BEGINNING. COUNTY OF PITKIN, STATE OF COLORADO AND AS FURTHER AMENDED, SEE ATTACHED EXHIBIT "A" ~.. `0 Cb M TO HAVE AND TO HOLD the same, together with all and singular the appurtenances and privileges thereunto belonging or in anywise thereunto appertaining, and all the estate, right, title, interest and claim whatsoever, of the grantor, either in law or equity, to the only proper use, benefit and behoof of the grantee, it successors and assigns forever. IN WITNESS WHEREOF, the grantor has executed this deed on the date set forth above. ~,~,~ F=9 a h rs dividua ly PROFESSIONAL SALES ASSOCIATES, INC. B: an hnsensen, rest en STATE OF CHO, G(~~ ) ss. County of &if$iu- ) The foregoing instrument as achgowlgdged before me this ~~ day of~~ , 2000 by Jan R. Christensen indivually and as C (,~~N.Y` of Professional Sales Associates, Inc.. My commission expires: Witness my hand and off G:\Client\Misc -DIM\Ttou[men-Quit Cleim Deed ~0%^9 P" e,,r'. Rif U ~,..~ v . Sa„ : w ~ ~-F~~.-> t.kR ~. ~~~y,, ca ~s'16 ~ ~- ~.. • • EXHIBIT A ALL THAT CERTAIN REAL PROPERTY SITUATE IN THE SW1/4 OF THE SE1/4 OF SECTION 15, TOWNSHIP 9 SOUTH, RANGE 86 WEST OF THE SIXTH PRINCIPAL MERIDIAN, PITKIN COUNTY, COLORADO, SAID PROPERTY BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT AN ANGLE POINT IN THE WESTERLY LINE OF THE LANDS DESCRIBED IN THAT CERTAIN DEED GRANTED TO HALE BY RECEPTION DOCUMENT #370685 (752 O.R. 252) AND SHOWN ON THAT CERTAIN PLAT FILED IN HOOK 31 AT PAGE 91, IN THE OFFICE OF THE PITKIN COUNTY RECORDER, SAID ANGLE POINT BEING DISTANT NORTH 15 DEGREES 19'34" EAST 256.37 FEET FROM THE WESTERLY MOST CORNER OF SAID LANDS OF HALE, SAID ANGLE POINT BEING MARKED IN PLACE BY A 5/8" REHAR WITH RED PLASTIC CAP LS#7972; THENCE FROM SAID POINT OF COMMENCEMENT ALONG THE NORTHWESTERLY LINE OF SAID LANDS OF HALE NORTH 55 DEGREES 00'00" EAST 60.00 FEET; THENCE NORTH 58 DEGREES 44'00" EAST 224.65 FEET; THENCE LEAVING LAST SAID LINE OF HALE, ALONG THE SOUTHWESTERLY LINE OF THE LANDS GRANTED TO SNOWMASS WATER SYSTEMS HY PROFESSIONAL SALES ASSOCIATED RECORDED AUGUST 15, 1994 IN DEED HOOK 758 AT PAGE 542 IN THE OFFICE OF THE PITKIN COUNTY RECORDER, NORTH 64 DEGREES 54'09" WEST 208.68 FEET TO THE TRUE POINT OF BEGINNING OF THE LANDS HEREIN DESCRIBED; THENCE NORTH 23 DEGREES 40'06" WEST 94.96 FEET; THENCE LEAVING SAID LINE OF SNOWMASS WATER SYSTEMS SOUTH 87 DEGREES 45'00" WEST 256.85 FEET TO THE EASTERLY LINE OF THE LANDS SHOWN ON THAT CERTAIN MAP ENTITLED "POWELL SUBDIVISION (AMENDED) AS FILED IN PLAT BOOK 41 AT PAGE 20 IN THE OFFICE OF THE PITKIN COUNTY RECORDER; THENCE SOUTH 00 DEGREES 54'45" WEST 353.82 FEET; THENCE LEAVING LAST SAID LINE OF POWELL SUBDIVISION, NORTH 63 DEGREES 18'00" EAST 43.15 FEET TO THE BEGINNING OF A TANGENT CURVE TO THE LEFT HAVING A RADIUS OF 601.10 FEET; THENCE 331.35 FEET ALONG SAID CURVE TO A POINT OF TANGENCY; THENCE NORTH 31 DEGREES 43'00" EAST 43.00 FEET TO THE TRUE POINT OF BEGINNING. COUNTY OF PITKIN STATE OF COLORADO I IIIIII IIIII IIIIII IIIIII IIII IIIIII IIIII III "III IIII illl 484038 08/03/2001 03:07P OCD DgVIS SILVI 2 of 2 R 10.00 D 0.00 N 0.00 PITKIN COUNTY CO _ --- - -- _ -- - - - __ 4831 {; I*~C~? WbElJ'(r I IIIIII IIIIII IIII IIIIII VIII III IIIIIII III VIII IIII IIII 00 °g~3D 0 00 9.331 QUIT CLAIM DEED THIS QUIT CLAIM DEED is made this a? ~x~.l day of May, 2003, between the undersigned "Grantors" and Janine Troutman, and individual (hereinafter referred to as "Grantee"), whose address is Post Office Box 11705, Aspen, Colorado 81612: WITNESSETH: That Grantors, for and in consideration of Ten Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, have remised, released, sold, conveyed and QUIT CLAIMED, and by these presents do remise, release, sell, convey and QUIT CLAIM unto the Grantee, her successors and assigns, forever, all the right, title, interest, claim and demand which the Grantors have in and to the real property, whether now owned or hereafter acquired, together with improvements, if any, situate, ---Ignig and bzrng-irt th~County ofPitkin, State o'f Col6rado,-described as follows: Parcel 2: A Tract of land located in the SW 1/4 of the SE 1/4 of Section 15, Township 9 South, Range 86 West ofthe 6"'Principle Meridian, Pitkin County, Colorado, described as follows: Beginning at a point, said point being on the center line of a 60.00 foot road easement, which is North 0°20'East 485.89 feet and East 388.48 feet from the South Quarter comer of Section 15, Township 9 South, Range 86 West of the 6"' Principle Meridian, and running thence South 58° West, 153.00 feet along said centerline of said road easement; thence South 23°40'06" East 94.96 feet also to a point along said road easement; thence South 64°54'09" East 208.68 feet; thence North 58°44' East 156.07 feet; thence North 33°19'40" East 60.00 feet; thence North 59°32'46" East 91.55 feet; thence North 76° 11'38" West 346.72 feet to the point of beginning. Contains 1.59 acres more or less. Said Pazcel is also known as Lot 2, Snowmass Mesa, and is described as Pitkin County Assessor's Pazcel No. 2645154000019 and on Schedule No. R016479 of the Pitkin County, Colorado, Treasurer. ~~ Parcel 3: A 1 act oflandfocat hd in the SWl/4 of the S1l~f~ec'fion 1S, fiownsTi p ~-"-"-- South, Range 86 West of the b P.M., Pitkin County, Colorado, described as follows: I Beginning at a point, said point being on the centerline of a 60 foot road easement, which is North 0°20' East 485.89 feet and East 388.48 feet from the South Quarter Comer of Section 15, Township 9 South, Range 86 West of the 6"' P.M, and running thence North 58° East 153.00 feet; thence North 68° East 182.00 feet; thence North Ol °20' East 160.00 feet; thence South 80°30' East 79.72 feet, the last four courses being along the centerline of said road easement; thence South 48.43 feet; thence 38°53'33" W. 190.00 feet; thence South 59°32'46" W. 92.00 feet; thence North 76°11'38" West 346.72 feet to the point of beginning, Contains 1.80 acres more or less. ~J~"~9; IIIIIIIIIIIIIIIIIIIIIIIIII 483 239 3 ~ ge 21aim Deed IIIIIIIIIIIIIIIIIIIIIIIIIIIII NTY 00 R 16.00 S/23D20000 9.33 Said Parcel is also described as Pitkin County, Colorado, Assessor's Parcel No. 264515400017 and on ScheduleNo. R006383 ofthePitkin County, Colorado, Treasurer. TO HAVE AND TO HOLD the same, together with all and singular appurtenances and privileges thereunto belonging or in anywise thereunto appertaining, and all the estate, right, title, interest and claim whatsoever, of the Grantors, either in law or equity, to the only proper use, benefit and behoof of the Grantee, her successors and assigns forever. IN WITNESS WHEREOF, the following Grantors have executed this Deed on the date set forth above. / ,_ sen, a/k/a Jan Christensen PROFESSIONAL SALES ASSOCIATES, C. B: istens n, Chairman CHRISTENSEN LEASING COMPAN~', INC. President NORWAY GROUP, a Trust By: ~Ot)~9~ I~ __._ Quit Claim Deed I IIIIIIIIIIIIIIIII IIIIII VIII III IIIIIII III VIII IIII IIII 0 S8/ 3 D 000 9.334 Page 3 SNOWMASS WATER SYSTEMS, LTD. By: istensen, resi ent STATE OF COLORADO ) ss. -ceuN~r~-cam ~rw-t~-~e, _--_)..__ _ -~ - -- --. 4~4~,. ,,, ~~, , o nowmass Water Systems, Ltd. (~eali~s-~i'-aY ~~. WITNESS my hand and official seal. 1' ~i! ....•"~~~Q nn bbl~tQ."','gmmission expires: (.L~ ou - Acknowledged, subscribed, and sworn to before me this-~~aday of May, 2003, by J.R. Christensen, a/k/a Jan Christensen, for himself and as Chairman of Professional Sales Associates, Inc., as President of Christensen Leasing Company, Inc., as Trustee of Norway Gr a£qd~ President f S Notary Public ~~~+~99 APR-06-04 TUE 0348 PM • FAX N0. ~~~~~~ • ADJACENT PROPERTY owNFRSt•~r HISTORY REPORT March 26, 2004 Independence Tillc -Aspen, LLC, has corulucted a search of the public records cooceruittg the foe simple ownership of property described as: Sao Exhibit A attached hmeto (Subject Property) anti the properties adjacent theroto. According to the maps on file at the Pitkin County Assessor's Office the following properties are, or may ba, adjacent to the Subject property (Adjacent Properties): Parcel No. 2G45-15]-00-022 Parcel No. 2645.154-00-0O1 PaHC1 No. 2645.154.OU-006 Parcci No.2645-154-00-0IS Parcol No. 2645-154-00-017 Parcel No. 2645-134-00-019 Perccl Nc. 2645.154-OG-016 Parcel No.2645-221-01.001 At no time since January 1, 1973 has the vestng of foe supple title of the Subject Propetiy been idemicel to the vesting of fee simple title of any oue or more of the Adjacent Properties, excepting from such Adjac~t ' Propeeties that part of Parcel No.2645-154.06-016 conveyed to David C. llelc and Susan C. Ha1a by the i 'frcasurcr's Dw:d Hoarded Jwx; 20, 2003 under RcccpUOn No. 484325. VJhilo indepatdonco Title -Aspen, LLC, believes the inforrmttion contained herein to be complete and accurore any liability for errors and/or omissions shall be linvted w the fcc n:ccivcd for this rrport, indcpcnden Title - A~ r ~,., By: Darin R. AxOtclm. Title OfFccr -.. .~1i'ca~c•,~ nn~nrr t ~ RESOLUTION OF THE PITKIN COUNTY BOARD OF COUNTS.' COMMISSIONERS PUTTING PROPERTY OWNERS USING THE MESA ROAll ON NOTICE THAT THEY WILL BE REQUIRED TO JOIN THE ROAD IMPROVEMENT ASSOCIATION IN ORDER TO UPGRADE AND MAINTAIN THE MESA ROAD AND TO PROVIDE MEASURES TO PROTECT RESIDENTS FROM WH.DFIRE HAZARDS RESOLUTION 97- ~~t/' ec~ als 1. The Pitkin County Board of Commissioners passed Ordinance 96-19, attachment A, prohibiting the issuance of additional building permits to properties accessed by the Mesa Road in order to protect the health and safety of the current and future residents of the area, and of the citizens of Pitkin County and Emergency Service providers. Z. Currently, the Mesa Road does not meet County Road standards and is unsafe in ~- particular sections, and emergency access is extremely difficult. 3. The wildfire hazard is severe in this area of the County. 4. In order to create a safe situation for the residents of the area, the owners of property accessed by Mesa Road intend to form an association to assess fees,inorder to make the improvements as needed to the road, and to provide safety measures. The association shall assess fees for yearly raintenance and capital irprovements. 5. These property owners have prepared a formula for assessments which is rouglily proportionate to each owner's use of the road relative to maintenance and capita] improvement expenses. 6. The County finds that the formation of a viable road improvement association and the actual construction and maintenance of the improvement contemplated by Ordinance 96-19 is likely to have a positive effect on property values in the Mesa area and will be a benefit to every property owner. The property owners forming the association have tto means to compel mernbership. 7. The affected property owners are those contained in exhibit B. THEREFORE; BE TT RESOLVED, that the County agrees, to the extent permitted bylaw, to require any other property owners who use Mesa Road and who are not yet members of the Association to join the Association as a condition of any II~III IIIII 111111 IIIII IIII~ IIIIIi11111 Nl II~II Illl IIII 400013 e!i/04/1997 08:?3R:RES000TI DRY S SILVI I of !i R 0.00 D 0.00 N 0.00 PITKINCO OOLORRDO 1!~' J i+' v _ V Resolution No. 97-.L~t(' Page 2 land use approvals or building permits requested from the County, and to pay a share of the initial improvements and ongoing maintenance as determined by the Association. Further, the property owners must agree to the protective covenants as deed restrictions, running with the land, and must join the road district if formed, [or the affected properties. APPROVED AND ADOPTED AT FIRST READING ON THE 9 ~~ DAY OF JULY, 1997. A Jones Clerk and APPROVED AS TO FORM: John EI t"~ Y County Attorney BOARD OF COUNTY OF PTI'KW COUN'T~4 BY /f~,/~~ Bill Tuite, Chairman Date~~~__ APPROVED AS TO CONTENT Cindy Houbea Community Development Director I IIIIII "III IIIIII IIIILIIiiI IIIII llllll III "III IIII IIII 40873 0!x/04/1907 08~23R kESOLUTI DRVIS SILVI 2 of 8 R 0.00 D 0.00 N 0.00 pITKINCO COLORADO -, ~, (j._. :., Exhibit A AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS _ OF PTTHIN COUNTY,. COLORADO ESTABLISHING A MORATORIUM ON ISSUANCE OF BUILDING PERMITS FOR DEVELOPMENT ON REAL PROPERTY ACCESSED BY THE SHIELD O TERRACE AiYD TAE SHIELD O MESA ROADS AND MODIFYING ROAD STANDARDS FOR SHIELD O TERRACE AND SHIELD O MESA ROADS ORDINANCE X96-19 RECTTALS 1. The Shield O era, which includes property in the area !mown as Shield 0 Terrace, Shield 0 Mesa, as we!1 as other pazceis of land which are accessed by the Shield 0 Terrace Road and the. Shield 0 Mesa Road, has been undergoing development since the late 1960s. There has never been a formal subdivision for Shield 0 Terrace or Shield O Mesa. and development and approvals have been takes on a case by case basis. =. The Shield 0 Mesa Road and the Shield 0 'caeca Road do not meet Counrn :pad stanaazas. ~. The case by case development and approval process has been unsuccessful in attempting to instintte road improvements and upgrades for the Shield 0 Te.:ace and Shield 0 Mesa Roads. ~• In 199: the 3oazd of Counn~ Commissioner received refe^al cotnmeats from the Pitkin County Sheriff's Office,. he Basalt F¢e District and the State r"orest Sen•ica e:tpressing concern about emergency access to both e;cisting and proposed homesites in the Shield 0 ~•lesa area and, as a result of these catnrneats the Hoard tabled several development applications while the road issues could be studied. ~• There azb at least ninety-six parcels of property in the Shield 0 area. of which only approximately twenty percent have been improved with single family dwellings. ~, 6. The Baazd of County Commissioners directed county staff to assist the Shield 0 area homeowners in coming up with a solution to the problems with the roads. and further agreed to finance 58,000.00 for engineering to begin the process of designing road improvements. 7. County staff obtained the necessan- engineering and presented various options to Shield 0 area propem owners in December 1995. 8. Development sites within the Shield 0 azea typically contain ~r7ldfire hazard. in addition to other l0at rnncerns. ~~--' 1111111 11111 111111 11111 lll~l 11111 111111 111 11111 1111 1111 408013 09/04/1997 092 R RESOLUTI DRVIS SILVI 3 of 9 R 0.00 D 8.00 N 0.00 PITKINCO COLORRDO Ordinance # 96- ~`~_ Page 9. The Pitkin County Land Use Code requires that access roads to development in wildfire hazard azeas "be built to County standazds;'section 3.80.70-7. 10. These roads were never designed to county standards, and because of the steep grades in portions of the roads, they could not be redesigned and rebuilt to meet standazds at anywhere neaz an affordable cost, nor could such redesign be accomplished without other eavimnmental degradation, such as severe road cuts into the hillsides. l 1. The State Forest Service has indicated that the most serious problem faced by homes in the azea is the inadequacy of the access roads, with no other evacuation route in the event the road is cut off by fire or clogged with evacuating residenu and responaing fire equipment. The State Eorest Se^: ice also recommends grades no greater than ten percent, which the Shield 0 Roads cannot meet. 12. The Pititin County 5herif£s Office has stated in referrals relating to numerous land use applications for development in the Shield 0 area that the road inliastructute ut the subdivision as a whole is deficie~~ and poses a serious threat to emergenc}~ response peaonnei and residents of the subdivision and that expanding an already dencient subaivision will only exacerbate a poor situarion. 13. The Basalt cite protection District which serves the Shield 0 area has also expressed concern about longer development in the 5hie!d 0 area. the concern being that - continuous development in :he azea without improvements ro the road and water sun_ my could result in apre-related catastrophe in the area. 4. the ?itldn Counr,.~ Land Use Code proitibiu development if site planning and engineering tecanioues cannot completely mitigate hazards to public health, safet<~ and welfare. Pitlcin County, Land Use Code section =-80.30. The code also proitibiu development if such development subjec~s other persons or the county to aangen or expenses required to mitigate hazazdous conditions or to respond to emergencies created by such conditions. l=. C.R.S. § 30-13--101 (h) provides that the "county may establish fire lanes and emergency vehicle access on public or private property zoned commercial or residential and provide for fines and punishment of violators". V 16. Even though the county has the power to establish fire lanes and emergency vehicle access on private residential property, there are additional improvemems which mtut be made to the Shield 0 roads. and there is a need for an enforceable a¢reement for continuing maintenance of those roads once the improvements are made, to maintain acceptable access for fire and emergency vehicle access. l7. The efforts of the county and various homeowners and pm•ate attorneys to resolve the problems have been unsuccessful. J ~ ~~~~~~ ~~~~~ ~~~~~~ ~~~~~ ~~~~~ ~~~~~ ~~~~~~ ~~~ ~I~~~ ~~~~ ~~~~ 408033 09/04/3407 09~23p RESOLU7I DRVIS SILVI 4 of 9 R 0.00 D 0.00 N 0.00 PITKINCO COLORRDO ~~., ~ ~"r Orainance # 96- ~ ~ Page 3 18. The Boazd has directed staff' to process new development applications in the _ Shield 0 area with the understanding that permits will not issue until the road issues aze resolved and has requested a condition be imposed upon any development approvals requested for the Shield 0 area that no building permit be issued until the roads are improved to a standard satisfactory to the Board of County Commissioners, or until a plan is in place and accepted by the Board of County Commissioners for such improvements and continued maintenance, 19. The homeowners in the Shield 0 area have made it clear to the Board of Counrv Commissioners that they do not wish to have their roads become public, and thus the formation of any type of public district with the assistance of the county is not an option. 20. Resolution of the road problems will depend upon Ure cooperation and amreement among the various land owners in the area, a decision making process over which the count. has no control. 21. It is necessary to the safety, health and welfare of not only the residenu of the azea but of those proviaing emergency services to residents of the area. and thus to the counn• at large, to proitibit further deveiooment in the area until the access !roads ;next certain nunimtun standards, and a moratotitrm on the sstrance of any further balding oermirs for any propem• accessed by these roans is aecessan•. .2. It is necessary, n order to a4ow development on these properdes in :he Srtute, to modif~~ County road standazds in a fashion that does not compromise health. safen• and welfare. __. Based upon esri:nated traffic at build out, the approximate tratnc ~tiill be 3.. vehicles per day for the Shield 'J Terrace Road and 544 vehicles per day on the Shieid 0 Mesa Road. 24. Based upon these estimates. both roads fall within the rural access standazd which calls for the following. STAiY~,R~~ Min. Right of Way Design Speed Width of stuface~shoulder Min. Curve Radius Max Grade (in%) S~iBAL 40 ft. 25 mph 2@ lOfU3to4fr 175 fr 10% "_'S. Modification of these standards which do not severely compromise health safety, and welfare are necessary, because it is economically impossible as well as entZrotunentally unsound to require hill compliance. '_6. Some of the Shield 0 homeowners have already hired a planner in obtaining specific engineering studies and cost estimates for road improvements. IIIII IIIII 111111 IIIII IIIII IIIII 111111 111 IIIII IIII 1111 40 013 09/04/1907 09o23R RE50LUTI DRVIS SILVI S eF 8 R 0.00 D 0,00 N 0,00 PITKINCO COLORADO ,~ :. t "t ~ U .~ ~! aJ q Ordinance # 96- ( l Page d NOW THEREFORE, be it ordained by the Board of County Commissioners of Pitkin County, State of Colorado, that no further building permits will issue for development of any kind for any property accessed by the Shield 0 Terrace and/or Shield 0 Mesa roads, and that this moratorium on the issuance of building perntiu shall be subject to dtc following. 1. Applications for development approvals will continue to be processed through the Commtmiry Developmrnt Office, but any approval will be subject to the condition that no petmiu will issue until the moratorium is ttscinded, '_ The morazorium will not be rescinded until such time as them is an cnfott;eable agreemrnt in place that asstues the roads will be maintained to the standards sot forth herein. 3. The minimum standards for imPtovemehu for these roads are as follows. $~ AR S Min. Right of'~~av Design Speed Width of stuiacershoulder Min. Curve Radius Max Grade i in'/o 1 ~.fGi]ciia 301't 20 moh 2 ~ 8ft/ 1 ft 50 ft 12% to 20% otily with approval of County Engineer, ~mergeacy Service ?roerider. and Basalt Fire Protection Disaict ~. The first section of Mesa Road starting at Snowmass Cre-.k Road to the arst switchback shall be _4 fr. in ~nidth. =. The first switchbackl- will be improved to a minimum 50 tt inside raaius and with a "bubble" with an outride :adios of 90 ft where possible. 6. From the improved switchback to the top of the hill the road will be widened to 20 ft wherever possible; in areas where widening is not possible, pull-offs will be creazed at a ' minimum of every 500 fr. 7. The upper pottion of this section of road will have the glade flattened as much as possible to eliminate the short session of 16% grade. 8. The intersecrion az the top should be lowered two co three feet and widened to create a 90 fr. outride radius thmushout 9. The road shall be sloped at a minimum of 1 1/2% to allow for drainasle to 6e collected in the inside ditch; culverts will be installed as necessary to eliminate water from flowing across the mad. 408013 08/04/1987 08:238 RESOLUTI DRVIS SILVI 8 of 8 R 0.00 D 0.00 N 0.00 PITKINCO COLORgD0 `., ~ i, __ It Ordinance # 96•~ Page i lU. All downhill vegetation shall be kept mowed below the elevation of the outside ,_ shoulder. 11. Street signs with property addresses shall be installed at all road and driveway intersections. 12. Permanent water supplies shall be provided at two or three locations to be approved by the Basalt and Rural Fire Pmtecdon District. 13. The Terrace Road shall be widened to a minimum pf 18 ft. wherever possible, pull-of£s shall be provided az QUO ft. intervals and switchback curves shall have a minimum 50 ft. inside raditu, with a "bubble" outside radius of 90 ft., wherever possible. INTRODUCED, FIRST READ, AND SET FOR PUBLIC HE.~IRING ON THE 12th DAY OF JUNE, 1996. NOTICE OF PUBLIC HEARING PUBLISHED IiY THE WF. - y'D In TION• OF THE ASPEN TIMES ON 13TH DAY OF JUNE, 1996. APPROVED UPUN SECQND READING AND PLBLIC HEARING ON THE ZSTH DAY OF AUGUST. 1996. PUBLLSHED AFTER ADOPTION IN THE WFEKEYD EIIITION OF THE _ ASpF~i TTMFS ON THE =.` ~`- DAY OF J....o ~"+-? `m hA ~' 1996. - -- -- 1 ,..~ ~ ' ATTEST: BOARD OF COU`rTY COMMISSIONERS OF PTTKIIV COUNTY, COLORADO Jeanette Jones amen R Ttve Depnt<~ Clerk ` Chairman ' Date: Q ~ y- 9l~ (II'I~I "III "III III' IIII~~ Iili~ III"I III ~IIII I"I IIII 408013 09/04/1897 09:23f1 RES0lU7I DRVIS SILVI 7 of 9 R 0.00 D 0.00 N 0.00 PITKINCO COLORRDO Ordinance ~ 96-~ • Page 6 APPROVED AS.TO FO18M: .~ John M. Ely ~( rI I( azanne Konchan County Attorney County Manager vem~~m.oro I I"II) VIII "I"I il~l~ lllll~ llll~ I'I'I IIL'I~II I'll I") 409013 09/04/1997 09:234 RESOLUTI DpVIS SILVI B of 9 R 0.00 D 0.00 N 0,00 PITKINCO COLORADO '~} s C~ :. .;~v~ 1 1 ""Of .S U.... .I~101lI IL ~, Ja JJ...w1i ~K~..~..~a.r•.Yi • #264522100002 Ha".an Akin 351 Chateau Wey Snowmass, CO 81654 #264515400013 Tom Bowers PO Box 8743 Aspen, CO 81612 #264514300013 Jan Christensen PO Box 63 Salt Lake Ciiy„ UT 84110 X264522100006 Richard J. Cote P.O.Box x356 Aspen, CO 81612 #264515300025 Len & Barbara Foreman Ridge Road Glen Cove, NY 11542 #264522100004 Victor ~ D.D. Gerdin 0201 Chateau Way Snowmass, CO 81654 #264522102002 Audrey L. Haisfield 435 West Main St. Aspen, CO 81611 Qyoo ~~ J Q =H OK N r~ y N ~a~ ;o +~~ ~~'$ ~ggm _~ iJ z ~~~ m ~o ~~~ ~mm .=.m rc _- °3 _~, •. ~ o --_ ~ m #264514300021 Christopher Hancock 5599 Snowmass Creek Rd. Snowmass, CO 81654 #264514300014 Kelly Hayes PO Box 12255 Aspen, CO 81612 #264515401)581 David Huie 189 Medicine Bow Rd. Aspen, CO 81611 ms45142DOO11 Wade A. Jenkins 7418 Arden Avenue Parma, OH 44129 X264515300018 Harian Akin 351 Chateau Way Snowmass, CO 81654 X64522202001 eetry Brown Casey 800 S. Frederick Ave. Suite 100 Gaitherburg, MD 20877 #264515200001 Wesley Clark 128 Pera Dr. Watsonville, CA 95076 #264522301002 Lester Crain 303 Midland St. Memphis, TN 38111 X264514300019 Joshua ,~. Freman MS 209, Fermilab, PO Box 500 Baiavia. IL 060510 ~zsa5151ooem Victor Gerdin 0201 Chateau'Nay Snowmass, CO 81654 #264515400016 David Hale 501 Chateau Way Snowmass, CO 81654 #264514200009 Bradley Allen Hancock 5599 Snowmass Creek Rd. Snowmass, CO 81654 #264523200004 Peter Heineman 19423 N. Turkey Cr. Rd. Sle. B Morrison, CO 80465 #264523200005 John Humphrey PO Box 6629 Snowmass Yllage, CO 81615 #264514300020 Ooug Jenkins P.O.Box 37 Snowmass, CO 81654 #264515200002 AI Beyer PO Box 9665 Aspen, CO 81612 Exhibit i3 #264522201001 Betty Brown Casey 800 S. Frederick Ave. Suite 100 Gaitherourg, MD 20877 #264515400560 Ellen Coleman 309 AABC Suite L Aspen, CO 81611 X264515400001 Dr. Manuel A. Da Motta 50 S. 600 East X250 Salt Lake C;ry, UT 84100 #264514300003 Gordon ~ Clarene Garrett 494 No. 120 West Lindon, UT 84062 .264522100021 Dr. ?. Ridgeway Gilmer 2719 So. Glen Haven Houston, ;X77025 #264522300561 William Hall PO Box 250 Lake Ciry, CO 81235 #264522400008 Hal Hartman 0186 Old Pond Way Snowmass, CO 01654 #264522101002 David C. Hiser 0189 Chateau Way Snowmass, CO 81654 X26451540W17 Gayle Hunt 50 So. 600 E. Ste. 250 Salt Lake Ciiy, UT 84102 #264522101001 Michael & Mary Johnston 25 Colt Ln. Gladston, NJ 07934 +~? ti9 SHN1 BY ~-9II '11:29AM aw4V 1+Aa»~. .,~1!-'~ • ~ '~Bht!llAg.lNtltil ~ iaemaar gLttK ~1.~ l~fL AQD8~8$ 'rID( ~79I(l8 ~v..~-- 264622201001 Casey Betty Brawn 800 8. Frederick Ave. Suka Gakharaburp NIR nan-reeltlent 264513200001 Clerk W®slay 128 Para Dr, Watsonville CA nwweaidaM 28x515400580 Coleman Ellen 309 AABC Suite L Aspen CO nona'eaideM 284522100008 Cote Ridlerd P,O,Box 8356 Aspen CO non+eeldent 264522301002 Crain Laster 3030 Midland 3t. Memphb TN resident 264515300025 Fomwn Lan 8 Barbara Ridge Road Glen Covs MY non~wldent 284514300019 Frieman Joshua 711 S. Desrtxxn *306 Chlcega IL roaiMM 284515100007 Gerdln Vigor 0201 Chateau Way Snowman CO norresident 284!!22100004 Gerdln Yctor 8 p.D. 0201 Ghalseu Wey Snowman CO rosldaM 28x322100021 Gllmar Irma 2719 So. Glen Haven Houston 1X narr{asident 284522102002 Heistleld Audrey 435 Weat Main SL Aspen CO non-resident 284515400018 Hale David 501 Chateau Way Snowmass t:0 realdeM 264522300b61 Hall William PO Box 250 Lake City CO non-resident 284522400006 Hartman Hal 0188 OId Pond Way Snowman CO resident 284614300014 Heyss Kelly PO Box 12255 Aspen CO non-resident 264522101002 HiYer David 0189 Chateau Way Snowmns CO raaident 284322101001 Johnelon Mldteel & Mary 25 Colt Ln. Glatlaton IVJ nan-resident 284515100005 NlcCluekey Maureen PO Box 12381 Aspen CO non-raaident 284515400012 Nkxxe Willett 875 3. Adams 9t. Denver CO realdent 264515400008 Oxenberq Robert PO Box 12381 Aspen CO non-reeldanl 284515100851 Pitkin Coun 530 E. Main St, Butte 201 Aspen CO non-resident 284515100852 ' PBkln Cann 530 E. Main St, 3ulte 201 Aspen CO non-reeldeM 284514300016 8twmway Geo(rey & Kethr1590 Oriole Avenue Sunnyvale CA non-reaidaM 284615400011 Verity John P,0.8ox 8326 Aspen CO roeldsM 284527201006 Vernon Mlohael 117 S. Spring St. Aspen CO non-raaident 284514200010 Woodard Kent & Karon PO Box 1567 Aspen CO rxm-resident non-member' 284515300018 Akin NaNan 1217 Grand Avenue Glernvood SprUCO non-raaident 284622100002 Akin Harlan 1217 Grand Avo. Glenwood SpriICO ros(dent 264513200002 Beyer AI PO BGx 9665 Aspen CO rarr-rssideM 284516400013 Bowero Tom PO Box 8743 Aspen CO non-rsa(dent 284514300013 ChrlctenasrJen PO Box 63 Salt Lake City UT nonivrsldent 264515400001 De Molts Dr. Manuel 801 Juniper Pt. Dr. Salt Laka Cfly UT ran-roawsM 284514300003 Garrett Gordon 8 Clarer494 No. 120 Weat Lindon t1T non-rosident 284514300021 Hancock Christopher 6598 8nowmna Creek Rd. 8nvwmns CO non-reeldeM 284514200009 Hancock Bradley Allen 5599 Snowmass Creek Rd. Snowmass CO rwn-reaitlorn 284523200004 Hslrleman Pater 18423 N. Turkey Cr. Rd. SteMorrlson CO non-raaident 284616400581 Huie David 189 Madicne Bow Rd. Aspen CO non~+~esident 284823200006 Humphrey John PO Box 8829 Snowman VIIIaCO non-raaident 264514300020 Jenkins Doug P,O.Box 37 Snowmen CO raaident 284514200011 Jenkins Wade 7418 Arden Avenue Parma OH non-resident 26451b300019 Koopssn Rudy POBOx534 Aspen CO non-resident 284514300022 La eonte Juliade 543 E. Jones 3t. Raleigh NC nonresident 284614300018 MrAbery Bob P.O.Box 1937 Aspen CO reatdeM 264515400018 Mk%)onnetl Mark PO Box 3913 Aspen CO non-raaident 284515400010 Olender Leonarcl 382 Summit Dr. Carbondale CO non•i-esldent 284615400017 Proreselons ; czr 801 Juniper Pt. Dr. Salt Leka City UT non-raaident 264515400015 Reese Harold 8 Ronald856 Suruin Highway Lynbrook NY noni'asident 261522400024 Regan Mark Box 451 Snowmen CO rssitleM 264515200003 Rymer Julian 81b Camlrw Del Ponients Santa Fs NM nonresident 264515300021 Schuster Robert 1080 Hanley Avs. Los Angeles CA nonresident 264514200012 Spencer Robert 422 Weat 2nd St, Salida CO non-resident 284515200001 Tofany Bill & Sid P,O,BOx 9151 Aspen CO roaldeM 284514200013 Wachtel Luke, Ann a Ade650 Fifth Ave. New York NY non-raaident 284514300017 White Nancy P.O.Box 220 Snowmaaa CO rasidsni 26451420001 b Woodard Kant & Karon PO Box 1587 Aspen CO non-resident 26Yil~edoza ureP.i.~ ~'Lojeylr 4dLy Ww~ASCFteE Do-3~n., oM ~ r b A-'~ o ~~ m~~ ~ ~± ~~_ m~~ M O ~~ m O, o..~+ a m~ r9 m _ ~~~ M M~ Zss^ ~N~ K M-_ g w a~ ~U. ~?IJ Parce] Detail Page 1 of 4 Pitkin County Assessor/Treasurer Parcel Detail Information Assessor/Treasurer Property_Search ~ Assessor Subset ue ~ Assessor.Sales Search Clerk & Recorder Reception Search Basic Building Characteristics TaY Information Parcel Detail ~ Value Detail ~ Sales_Detail ~ Residential/Commercial I~rovement Detail Land Detail ~ Photoo r~a~hs Tax Area Account Number Parcel Number 2007 Mill Levy 014 R019184 264515400020 58.757 Owner Name and Address TROUTMAN JANINE PO BOX 11705 ASPEN, CO 81612 Legal Description SUB:SHIELD-O-MESA SECT,TWN,RNG:15-9-86 DESC: ALL THAT CERTAIN REAL PROP SIT SW4SE4 15-9-86 AS FOLLOWS COM AT AN ANGLE PT IN THE WLY LINE OF THE LANDS DESC IN DEED GRANTED TO HALE BY REC 370685 & SHOWN ON PLAT BK 31 PG 91 SAID ANGLE PT BEING DISTANT N 15 DEG 19'34"E 256.37 FT FROM THE WLY MOST COR OF SAID LANDS OF HALE SAID ANGLE PT BEING MARKED IN PLACE BY A 5/8" REBAR WITH RED PLASTIC CAP LS7972 TH FROM SAID PT OF COM ALNG THE NWLY LINE OF SAID LANDS OF HALE N 55 DEG 00'00"E 60.00 FT TH N 58 DEG 44'0"E 224.65 ~ .~~ ~~ ~ ~, http://www.pitkinassessor.org/assessor/Parcel.asp?AccountNumber-R019184 4/14/2009 Parcel Detail IFT TO THE POB OF LANDS HEREIN DESC TH N 58 DEG 44'00"E 183.55 FT TH LEAVING LAST SAID LINE OF HALE ALNG THE BOUNDARY OF THE LANDS QUIT CLAIMED TO JANINE TROUTMAN BY DEED REC 483139 05/23/03 N 33 DEG 18'40"E 60.00 FT TH N 59 DEG 32'46"E 183.55 FT TH N 38 DEG 53'33"E 190.00 FT TH N 48.43 FT TH ALNG THE CENTERLINE OF A 60 FT WIDE RD EASEMENT N 80 DEG 30'00"W 79.72 FT TH S 81 DEG 20'00"W (DESC AS S O1 DEG 20'W IN SAID REC 483139) 160.00 FT TH S 68 DEG 00'00"W 182.00 FT TH S 58 DEG 00'00"W 313.00 FT (CALLED A TOTAL OF 306.00 FT IN SAID REC 483139) TH LEAVING SAID LAND DESC REC 483139 S 87 DEG 45'00"W 258.85 FT TO THE ELY LINE OF THE LANDS SHOWN ON MAP TITLED'POWELL SUB AMENDED' AS PLAT BK 41 PG 20 THE LAST FIVE COURSES BEING ALNG THE CENTERLINE OF SAID RD EASEMENT TH S 00 DEG 54'45"W 353.82 FT TH LEAVING LAST SAID LINE OF POWELL SUB N 63 DEG 18'00"E 43.15 FT TO THE BGNNG OF A TANGENT CURVE TO THE LEFT HAVING A RADIUS OF 601.10 FT TH 331.35 FT ALNG SAID CURVE TO A PT OF TANGENCY TH N 31 DEG 43'00"E 43.00 FT TH ALNG THE SWLY LINE OF SAID LANDS DESC REC 483139 S 64 DEG 54'09"E 208.68 FT TO POB CONT 5.04 AC +/- Location ~L_ Physical Address: ~~420 CHATEAU WAY SNOWMASS~~ ~~~: Page 2 of 4 http://www.pitkinassessor.org/assessor/Parcel.asp?AccountNumber=R019184 4/14/2009 Parcel Detail L Subdivision:SHIELD-O-MESA Land Acres• 5.04 Land S Ft: 0 Section Township Range 15 9 86 2008 Property Tax Valuation Information Actual Value Assessed Value Land: ~~35Q,000 101,500 Improvements: 0 ~~ Total: 350,000 101,500 Sale Date: Sale Price: Basic Building Characteristics Number of Residential 0 Buildings: Number of Comm/Ind 0 Buildings: No Building Records Found Tax Information Tax Year 2004 Transaction Type Tax Amount Amount $1,429.96 2004 Tax Payment: Whole ($1,429.96) 2005 Tax Amount $1,332.24 2005 Tax Payment: Whole ($1,332.24) 2006 Tax Amount $1,377.80 2006 Tax Payment: Whole ($1,377.80) 2007 Tax Amount $5,963.84 2007 Tax Payment: Whole ($5,963.84) Top o_f_Page Page 3 of 4 http://www.pitkinassessor.org/assessor/Parcel.asp?AccountNumber=R019184 4/14/2009 Parcel Detail Assessor Database Search Options ~ Treasurer Database Search O t~ions Pitkin County Home Page Page 4 of 4 The Pitkin County Assessor and Treasurer's Offices make every effort to collect and maintain accurate data. However, Good Turns Software and the Pitkin County Assessor and Treasurer's Offices are unable to warrant any of the information herein contained. Copyright ~ 2008 Good Turns Software. All Rights Reserved. Database & Web Design by Good Turns Software. 1~;?~ Ala http://www.pitkinassessor.org/assessor/Parcel.asp?AccountNumber=R019184 4/14/2009 w z i ~:1 1 r a F+I z A H x 0 z H ----~~==-y ~ --------,, ,, ~, ~~ ~~ ~. !, i Q i `. `~ ~ ~ i ~~ ~. ~ ~i ~~ II Q j ~ I w ~ ~~ ~'``, ~~. `~ ~~ \~ M~ z ~ \\\ ii U i Q ~ '~ `~ ~ ~ w ~ i ~ ~ ~`, i O~ i ~ ~~ ~ i ,,` ~- ~ i ~ ~, ~~ i 1 ~ ~ I 1 ~ I ~ I ~ \ ~~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ I- I I' I N O ~ ~z° ~ U ~ w o~z _~~ wzo z~a ~, \~ O ~ ~~\ W d' i-- w i ~` Z ~ ~ ~ ~ Z i = ~ i O fL I ~ ~ i I 1 I \ I ~ ~ I E I I i ~ ~~ ii ~ ~~ W ~ ~ ~ ~ ~ ~ \ ~ ~ ~ ~ ~ ~ \~ ~ ~ ~ ~ ~ ~ ~ \ ~~ ~ ~ ~ ~ ~ ~ ~ ~~ ~ \~ ~ ~~ ~~ _ \~~`\ \ ~ ~~ ~ ~~ \ \ ~~ \\\ ~\ Q m_ w c 0 U Z Y n. 0 n rn T a~ L v- O y W O Ql C ro L 0 rn Q L O C H Z H W J W 2 _~ N c ro o Z aUi ~ ~ ~ 0 wa ¢a Ua O~ 00 F Ov ZO Q LL ~'c0 ~Op C O W ~ y c O a ~~ Uo T3 O c EXIiIBIT A. ^~ , .. ~` r , x99894 i 1'/is/1996 0i:0;iF~ PG OF 3 \ N H IJ UI \~ , { ; . vy, ~4 r ~`~ ~~ ~~ ~ u + ~' • \ H \~~ b S ~ S qh ~ ~ O Yt 1' ' ~yrj` ll~~ \ FQ ~ ~ 15 ~ '~ ~ .. ~, z.zx , H, "H O ~.. ~ ~ H~k ~ rothz I ' ~~;. ~ ~ H Cl ~C ~,~ ; I o~ Y. l r {;. \ ~ <. ~ c~ +: ,. ,.. ~: ~ "_-'~-- ~~r'f I .. ~ .y , 1+ d4 '`. ',, . , .`-. •. PARCEL 1 POWELL SUBDIVISION S 15 & 22, T 9 S, R 86 W of the 6th P.M. PITKIN CQUNT.Y, COLORA -° ,~ + .i :, r}4i r.,1 .. n.. :, wliya r k, . lr .q.t i 1 1t ch ~ - ,~ -~ j/~~ ;` t`r` , ~ ,;.i ;, i`-~ ---_ - ~ i ,i'~-,~ ,, rf1~ / ~' %. i /'; .~ ., i i i t ~~ lT7 H n c~ HH H ~' . n ~.: bx o~. ~'. ~ 1? r' z'- H. ~ : . z m.. t~1 N ~_ ~- 8i ~._ c' ,~ ~ ~ , r~ ,--- .\ ~ ~,\ ~~ ~ f ''~ ~~ ~. ~ n ~_, , / i Ch 777 II I -- -~" a "~ u ~ a ~ 3 2 ~ cJi u s' ~.~ ~v v^ U r--- -- - ~ e-~^• :~ ~ ~~1 a" l 3 ~, 1 ~--~ 5 ~ .;~ ~ 4 ~ - ~~..'` i ~t\ J ~ .? Y \ `~ \ S a S ~.w'. ,~ ~ ~- ,.., ~> l~= a ~ i j ~~ I i `` 9 v' ~\ ~ \ \ ~~ • ---s ~~ { ~~~~ ~~~! ~p~i ~~~~ i /\ S M i M T ~ 6~ ~ ~ `~ ~ ~ \ ~ .~.. v ~ V x -.. ~ /~ J / ~ -~ J ~ Y g $ i/ "~ o ~ "r u ~ , 7~ a ~ -= ,J V J~ ~ + ~ ~ ~ ~ ~ }`~ . , L"' ~ ~ ` ~ V r a ~ J. 1 J i ~~ ~ ~~ f Y~ V' , _ `~ _ } J ~ ^' a~ ~ ., \~ ~~:;~ 17 PUBLIC NOTICE NOTICE IS HEREBY GIVEN to the general public that on May 16, 2006, the Hearing Officer of Pitkin County granted approval for the Troutman 1041 Hazard Review, Conceptual Submission & Lot Line Adjustment (Determination No. 26-2006; Case No. P065-04). The property is located on 420 Chateau Way and is legally known as a parcel of land situated in the SWl/4 SEl/4 of Section 15, Township 9 South, Range 86 West, of the 6`h P.M. The State Parcel Identification Number for the property is 2645-153-00-022. This site-specific development plan grants a vested property right pursuant to Title 24, Article 68, Colorado Revised Statutes. s/James True Hearing Officer Pitkin County, Colorado Published in the Aspen Times Weeklv, on June il, 2006. { ,, S g J~~Ci ~"~~[eU.4,. c«'t' -• ra X112 ~/f©C/ ~s ~: PUBLIC NOTICE RE: Troutman 1041 Hazard Review, Conceptual Submission & Lot Line Adjustment (CASE P065-04) NOTICE IS HEREBY GIVEN that a public heazing will be held on Tuesday, May 16, 2006 to begin at 3:00 P.M., or as soon thereafter as the conduct of business allows, at the Rio Grande Conference Room, 455 Rio Grande Place, Aspen, before the Pitkin County Heazing Officer, to consider an application submitted by Janine Troutman (PO Box 11705, Aspen, CO 81612) to establish a building envelope for a Single Family Residence. The property is located at 420 Chateau Way and is legally described as a parcel of land situated in the SWl/4 SE1/4 of Section 15, Township 9 South, Range 86 West, of the 6t" P.M. The State Parcel Identification Number for the property is 2645-153-00-022. The application is available for public inspection in the Community Development Department, City Hall, 130 S. Galena St., Aspen, CO 81611. For further information, contact Suzanne Wolff at (970) 920-5093. s/James True Pitkin County Hearing Officer Published in The Aspen Times Weeklv on April 16, 2006 Attention Applicant/Representative: It is your responsibility to do the following: 1. Mail this Public Notice to all adjacent property owners and mineral estate owners at least 30 days prior to the hearing with the return address of the Community Development Department. The names and addresses shall be those on the current tax records of Pitkin County as they appeared no more than 60 days prior to the date of the public hearing 2. Submit the Affidavit of Notice (Code Section 4-90) by Posting & Mailing (previously sent to you with your applicant letter) as proof of compliance with the Code at the hearing. 3. Pick up Public Notice sign from the Pitkin County Community Development Department, 130 South Galena Street, Aspen, CO (970) 920-5526 4. Post the Public Notice sign on the property at least fifteen days (15) prior to the hearing 5. Remove the Public Notice sign within one week after hearing date t'~'jq j ~ PITKIN COUNTY CHECK REQUISITION (Please attach any appropriate papers) DATE: 1 /24/05 AMOUNT: 500. CHARGE ACCT. No. 002.02.00506.63324 PAYMENT MADE TO: Janine Troutman P.O. Box 11705 Aspen, CO 81612 (ZOOS r3voLgef) F~~ECOpy REASON: Refund amount paid for wildlife referral. DEPT. HEAD APPROVAL: Lance Clarke /Community Development (PLEASESIGN AND DATE) "Please see attached email for approval from Public Works and Environmental Health. .~~~~ `Z~ PITKIN COUNTY COMMUNITY DEVELOPMENT DEPARTMENT 130 South Galena Street Aspen, Colorado 81611 (970) 920-5526 FAX# (970) 920-5439 January 24, 2006 Janine Troutman PO Box #11705 Aspen, CO 81612 Re: Troutman 1041 Hazard Review, Conceptual Submission & Lot Line Adjustment (PID 2645-153-00-022; Case P065-04) Dear Mr. Troutman: The Planning Office has completed its preliminary review of the captioned application. We have determined that this application is complete. After a more detailed review of the submittal information, additional information specific to the application may be requested in order to adequately review and process the application. The planner in charge of the review will request the information from you directly. We have scheduled this application for review at a public heazing by the Pitkin County Heazing Officer on Tuesday, May 16, 2006, at a meeting to begin at 3:00 p.m. in the Rio Grande Conference Room 455 Rio Grande Place, Aspen, Colorado. Should this date be inconvenient for you, please contact me within 3 working days of the date of this letter. After that the agenda date will be considered final and changes to the schedule or tabling of the application will only be allowed for unavoidable technical problems. The Friday before the meeting date, we will call to inform you that a copy of the memo pertaining to the application is available at the Planning Office. Please be aware that the Hearing Officer will be billed at $175 per hour. RE: Mailing of Notice When notice is mailed, you will need an updated list from the Assessor of all adjacent property owners. Prior list is out of date and incomplete. Please note that it is your responsibility to post a public notice sign on the property at least 15 days prior to the hearing (and remove it within one week after) and to mail notice to all adjacent property owners and mineral estate owners at least 30 days prior to the heazing with the return address of the Community Development Department (copy of notice will be mailed to you by the Community Development Department). The names and addresses shall be those on the current tax records of Pitkin County as they appeared no more than 60 days prior to the date of the public hearing. Please submit the enclosed Affidavit of Notice by Posting & Mailing as proof of compliance with the Code at the hearing. If you have any questions, please call Suzanne Wolff, the planner assigned to your case, at 920-5093. Sincerely, Bonnie Waechtler Administrative Assistant Encl: Affidavit (Code Section 4-90) ~~G' {' 1 PITHIN COUNTY COMMUNITY DEVELOPMENT DEPARTMENT 130 South Galena Street Aspen, Colorado 81611 Phone (970) 920-5526 FAX (970) 920-5439 MEMORANDUM TO: Division of Wildlife FROM: Suzanne Wolff, Community Development Department RE: Troutman 1041 Hazard Review, Conceptual Submission & Lot Line Adjustment, (PID 2645-153-00-022, & Case P065-04) DATE: January 24, 2006 Attached for your review and comments are materials for an application submitted by Janine Troutman. The Pitkin County Heazing Officer will review the application on Tuesday, May 16, 2006. Please return your comments to me by Friday, February 17, 2006. PLEASE RETURN APPLICATION MATERIALS TO COMMUNITY DEVELOPMENT IF YOU HAVE NO FURTHER NEED OF THEM. Thank you. ~;~ ;~ ~a~ J V _.. L ~x PITHIN COUNTY COMMUNITY DEVELOPMENT DEPARTMENT 130 South Galena Street Aspen, Colorado 81611 Phone (970) 920-5526 FAX (970) 920-5439 MEMORANDUM TO: Shield O Mesa Road Association FROM: Suzanne Wolff, Community Development Department RE: Troutman 1041 Hazard Review, Conceptual Submission & L,ot Line Adjustment, (PID 2645-153-00-022, & Case P065-04) DATE: January 24, 2006 Attached for your review and comments are materials for an application submitted by Janine Troutman. The Pitkin County Hearing Officer will review the application on Tuesday, May 16, 2006. Please return your comments to me by Friday, February 17, 2006. PLEASE RETURN APPLICATION MATERIALS TO COMMUNITY DEVELOPMENT IF YOU HAVE NO FURTHER NEED OF THEM. Thank you. ry(~grl'~ rln PITHIN COUNTY COMMUNITY DEVELOPMENT DEPARTMENT 130 South Galena Street Aspen, Colorado 81611 Phone (970) 920-5526 FAX (970) 920-5439 MEMORANDUM TO: Basalt Fire District FROM: Suzanne Wolff, Community Development Department RE: Troutman 1041 Hazard Review, Conceptual Submission & I,ot Line Adjustment, (PID 2645-153-00-022, & Case P065-04) DATE: January 24, 2006 Attached for your review and comments are materials for an application submitted by Janine Troutman. The Pitkin County Hearing Officer will review the application on Tuesday, May 16, 2006. Please return your comments to me by Friday, February 17, 2006. PLEASE RETURN APPLICATION MATERIALS TO COMMUNITY DEVELOPMENT IF YOU HAVE NO FURTHER NEED OF THEM. Thank you. ~~'~A :a~ e~try PTTHIN COUNTY COMMUNITY DEVELOPMENT DEPARTMENT 130 South Galena Street Aspen, Colorado 81611 Phone (970) 920-5526 FAX (970) 920-5439 MEMORANDUM TO: County Engineer FROM: Suzanne Wolff, Community Development Department RE: Troutman 1041 Hazazd Review, Conceptual Submission & I,ot Line Adjustment, (PID 2645-153-00-022, & Case P065-04) DATE: January 24, 2006 Attached for your review and comments aze materials for an application submitted by Janine Troutman. The Pitkin County Hearing Officer will review the application on Tuesday, May 16, 2006. Please return your comments to me by Friday, February 17, 2006. PLEASE RETURN APPLICATION MATERIALS TO COMMUNITY DEVELOPMENT IF YOU HAVE NO FURTHER NEED OF THEM. Thank you. PITI{IlV COUNTY COMMUNITY DEVELOPMENT DEPARTMENT 130 South Galena Street Aspen, Colorado 81611 (970) 920-5526 FAX# (970) 920-5439 May 4, 2004 Ms. Janine Troutman P.O. Box 11705 Aspen, CO 81612 Re: Troutman 1041 Hazard Review, Conceptual Submission & Lot Line Adjustment (2645-153-00-022; Case P065-04) Dear Ms. Troutman: The Planning Office has completed its preliminary review of the captioned application. We have determined that this application is not complete. Please provide the following items: • Provide a current title certificate from a title company or attorney. • Provide the chain of title for the subject properties from a title company or attorney in order to document how and when the parcels were created. • Provide a copy of Exhibit A to the "Adjacent Property Ownership History Report". • The adjacent owners list in the application is incomplete -please obtain a complete list from the Pitkin County Assessor's Office. If you have any questions, please call Suzanne Wolff, the planner assigned to your case, at 920-5093. Sincerely, Janis Taylor Administrative Assistant 41 ~ ,~ ,~1,_c: J PITHIN COUNTY PRE-APPLICATION CONFERENCE SUMMARY PLANNER Suzanne Wolff DATE: 8/14/03 PROJECT: Troutman 1041 Hazard Review, Conceptual Submission & Lot Line Adjustmern LOCATION: 420 Chateau Way PARCEL ID#264515300022 REPRESENTATIVE: Steven Kaup (~ per( ~ OWNER Janine Troutman p ( 7 Type of Application: 1041 Hazard Review, Conceptual Submission & Lot Line Adjustment Description of ProjectJDevelopment: Applicant proposes to establish a building envelope for a single family residence and customazy accessory uses. Land Use Code Sections to address in letter of requesdapplication: • Ariicle 2, Land Use Policies • Section 3-60, Envirornnental & Aesthetic Standards: NOT within the mapped scenic overlay or ridgeline • Section 3-70, Water Resources • Section 3-80-050, Geologic Hazard Areas: Mapped mancos shale. Slopes in excess of 15 or 30%? • Section 3-80-070, Wildfire Hazard Areas; Mapped severe wildfire area. • Section 3-80-080, Wildlife Habitat Areas: No mapped habitat. Within %. mile of mapped ells winter range • Section 3-110, Improvemeirts & Services • Section 3-190-030, Lot Line Adjustment (to eliminate separate parcel boundaries) • Section 9-110-051, GMQS Exemption for pre-1978 pazcel Statf will refer to: Attorney, Engineer, Wikllife Officer, Basalt Fire, Shield O Mesa Road Association Review by: Hearing Officer Public Hearing? YES. The applicant shall post a public notice sign on the property at least 15 days prior to the hearing and shall mail notice to all adjacent property owners and mineral estate owners at least 30 days prior to the hearing with the return address of the Community Development Department (copy of notice to be obtained from the Community Development Deparment). The names and addresses shall be those on the current~rax~recprds of Pitkin County as they appeared nomore than'60 days prior to the date; of the public hearingo:7 FEES: $3,990 (make check payable to "Pitkin County Treasurer's - Planning Flat Fee: $2,940. (non-refundable; based on 14 hours of staff time; if staff review time exceeds 16.8 hours, the Applicant will be chazged for additional time beyond 14 hours at a rate of $210/hour) o $2,100 1041 hazazd review o $840 Lot line adjustment - Wildlife referral fee: $500 - Engineer fee: $525 - Public Notice fee: $25 - $135/hour: Hearing Officer (to be billed after review is completed) ~ r,-~ '.sl~,~_i'.1 County of Pitkin ss. AFFIDAVIT OF NOTICE & MAILING PURSUANT TO State of Colorado } PITHIN COUNTY LAND USE CODE SECTION 4-90 r _ I ~ ah i re. Tro ~ ~-v~ a.-. ,being or representing an Applicant to the Pitkin County Development Permit, personally certify that I have complied with the public notice requirements pursuant to Section 4-90 of the Pitkin County Land Use Regulations in the following manner: By mailing of notice, a copy of which is attached hereto, by first-class, postage prepaid U.S. Mail at least 30 days prior to the public hearing to all owners of property adjacent to the subject property, as indicated on the attached list, on the ~ day of f1_pr~A , 2001 (which is 33 days prior to the public hearing date of Ma I ~~ .The names and addresses of the adjacent property owners shall be those on the current tax records of Pitkin County as they appeared no more than 60 days prior to the public hearing. 2. By mailing of notice, a copy of which is attached hereto, by first-class, postage prepaid U.S. Mail at least 30 days prior to the public hearing to the owner(s) of the mineral estate underneath the subject property, as indicated on the attached list, on the day of , 200_ (which is _ days prior to the public heazing date of ). The names and addresses of the mineral estate owners shall be those on the current tax records of Pitkin County as they appeared no more than 60 days prior to the public hearing. 3. By posting a sign in a conspicuous,place on the subject property (as it could be seen from the nearest public way) on the 3 ~ihday of ~i~ Ors, 2000, which is at least fifteen (15) days prior to the public hearing. A photograph of the posted sign is attached hereto. Applicant's name (Attach photograph here) GS~blUtttS~adnslelRki~S\~4dav%t Signat Signed before me this~~day of, 200~by ~J (~filLLt~YL li,~VVI~L'\ ~J~~ ~?~' WITNESS MY HAND AND OFFICI L SEAL My commission expi_res~1. -~.- Notary Public `" e ~ ~ a ~ .. o- ~ ~~ . ~ __GLAL*+TI~iE. N1 m Pc stage $ G Ce rtified Fee ° ° f9eNrn Receipt Fee. (I_ndarsemeni Requ reC~ ° ResLictetl D<divery Fee ° (Endersement Raga red Tr tal Posta!3e °~ Feee ° s ..0 ° ° N ii.39 UNIT II+: 0528 Posmark 1.85 Here Clerk: RMXUWU 4,64 04/13/Ot; N D-' 0^ Q' ~ .. '' x ra J ~ 5;~LT LaKE ',ITi. UT 84114 ~" `a Postage S 0.3'7 UNIT ID: 05°.8 O Certrtied Fee 2.4+) ° ° Return Receipt Fee Postmark (Endorsement Required) 1.85 Here ~ Restric[etl Delivery Fea Clerk:) ~~ ~ (Entlorsement Required) ° 4.ti4 04/13/06 Total Postage & Fees ..p ° ent TO ° - ----- - - - ---- S(reet, r. o.; orPo Box No. ^y~~ ? City---ate ~IP+-_~';-"-~1~....~.x2 ........................................ - ~ 'fi ~~l ii ` , : ,,, ~ ~ . H tit./J~ 0" ~- L ~ - Postagz 5 - - J. 4 UrtIi III; 0528 V I ° CertiiiedFe~ 2.40 ° ° Return Receipt Fec ~ `ndorsemenl Requiretl: __ 'J Postmark Here ~ P.estrictetl Delivery Fee 1 d Clerk, Rl1XI~Wp ~ _n orsement Pequiretl, Total Poetage 8 Fees .~ ° ° ;: entT $+w, Perks Fveeq Apt. Nc.:Q rrPOBaxNo. 4~ 1, r .- U~h G~k ~pv~~s f'% State, ZIPaW ----- ~YO;1ty +Ile . :.. ~ ` r~ Z ~ ~ ~ J V ~ M1 , 0-' ~ ~ SILVEkTIlN, Ct7 ,$1433 : ~ Postage s 0.39 UNIT IU: G528 DF1 ° ° Certifetl Fee ~•~ O Return Receipt Fee (Entlorsement Requiretl) 1.85 Postmerk Hera °O Restrictetl Delivery Fee Clerk: kPOCUhdO ~ (Endorsement Requiretl) ° Total Postage & Fees ,~• 4.ti4 04/13/06 ° O Sen ~ ' s re t Mr .............. - . . . ar PO BOx~ Ciry, Statp-3/P 4 _ :ri rr V~-~V '--"-' COMI<~ITY DEV.~LOPMENT DEPAI2TMEN~ 130 South G,r;i~na Street Aspen, "olui~tc;~, 816] ] (97i )) 92t1 55`L6 Pitkin County Land Use: 172 Board of Adjusbnew 159 County Land Us~° G.uie _ - 173 Deposit - -- 174 Flat Fee 162 Zoning and Sign ~~~ t 1U9 Public Notice ~- 160 PlanrringEnCorcemenl - ~s~-_L2~1 -~-_ Referral Fees: RB115 Access Permit 210 ,girpori ----~_- L0001 County Clerk ~--- 211 County Engineer ~- 194 Envlronrnental Hea1Lh _-~~~~ 2~ Historic ~- 198 Housing -- 190 Land Management -- 209 Redstone HPC 2~ Wildlife Officer ~-- Building Fees: 170 Board of Appeals 135 Building Code Sales 105 _ Building Permit 100 Contractor License 120 Electrical Permit 195 Enerpy Code Review 115 _ Mechanical permit 150 Plan Check 110 Plumbing Permit 130 Reinspectlon 151 Aspen Sanitation 152 AVFD Fire Marshal ~ _ Other Fees: 155 Use Tax 165 Copy - Performance Deposit. 185 _ Park Dedication 186 Parking Cash In Lieu IS __ GIS Requirements B1202 B1 Road Impact Fee - 203 School Impact Fee ~~- 0 ®~ ~ 3~1 ~~~ Cif ----- TOTAL ADDRESS/PROJECT: r ~-----_ CASE/PERMIT#; DATE: ~ -~~#OF COPIES: s Slams `t;.~.- ~ i '\ --~ -v 1 ~e :1 i°u 24 I I VIaN In MAP XALE ~ < ryN~c o -50 '.5 ~..FS TROUTMAN 1041 HAZARD REVIEW SITE PLAN =~ ~e ~~,~ERG AND LOT LINE ADJUSTMENT(MERGER) PLAT / """' ""`""""' OF THE LANDS OF JANWE TROU TMAN / s W AS DESCRIBED 'N THOSE CERTAIN DEED DOCUMENTS ~ ~ - - ~ RECORDED MAY O1, 2001 UNDER RECEPTION x/454039 AND / _ ~ - RECORDED MAY 23, 2003 UNDER RECEPTION #483139 / ~'~ - ~ iN THE OFFICE OF THE FI i!tiN COUNTY CLERK & RECORDEj' s ~ ~ j , ~ ~. ~,, ~? ,K 'u'l TT k-TE / ~ ~ ~ ~ ' S ~N, ~ ~~9CNe~~1 / / ~ vWF" A4C ' ~]GE ^.FS3RAK" sGw °.fi' ~ aE~ / L2.. ~ a fir. rveJ _.. 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' „I i t �s 1 P m f D n)oop =(n ', \ 1 , ^ n ' 11,, , O J'°a / \ [� . ; _ z � m w D � , . l > - IC ' ' ' o � 'a 1 rl d V ( '"'� _ C f m oo A -i z � m A } i■ l ' dX i - I , � Y n / r U - I ` -CS T.1 A * , z z p 4 - \ ;' i 1 . ;Y I '' 'p' ' � 1 % 1 : ! _ _ 1 m ul p 4 rti zj <0 •'< ° 0 1 .A •y, ' (; ri s 4d. cy, i g et WFFA Qp ` l S` i " ` [t. c� De ''.21 I: off o- I L pIDDN AS, « J u m -( c3 r-, -- NorziH 73 CA ti p Z ur Inv- L^jwa %,.,r vtvmrqwo� ioxvv 11vini-4 AS D SCRIBED IN THOSE CERTAIN DEED DOCUMENTS E MLIW MVLU /AT Vir, 4VVI VIIWE;� t_ tr RF FOR nEn MAY 23 2003 UNDEk RECEPTI N #483139 IN THE OFFICE OF THE PITKIN COUNTY CLERK & RECORDER Oda Ills The utilities existing art the gurface arid Shown oil LEGEND fir» this drowing have been located by field wjrvoy, C"It EDG9 of,' GIOAVEL ROAD All underground utilities shown on this drawing (v 0VT (;RAVEL SURFACE from records of the vorious utility companies and 410 FLOW LINE II aurveyor doom riot assume responsibility for their 'rCip TOP DF BANK completeness, indicated location, or size. Roct,)rd utility location should be confirmed by oxposing GROUND MIMI - TOE OF SLOPE ffie utility, 4VANITY MAP 1. ALI.. DIMENSIONS STJOWN ARE IN FEIT AND 01 QIMALS FHERFOK -7/0 4 By FFIIS 'Z lows I' v 1, ME15 Z THE DISTINCTIVE BORDER INDICATES THE BOUNDARY OF LIFE LAND$ SURVEYED AND MEIRGEO . MAP, 3. BE LQp 01" FILM BRASS CAP FOR 1/4 CORNER SEC, 15/22 (1985) ELEVATION - 100,00 ASSUME[) DA JUM. *w i T, NCHMARK: 4, DIMENSIONS SHOWN IN PARENIHENESS DENOILS RECORD DEED OR FLAT DATA. 0 I EAST S. CONTOUR IN EQUALS 'TWO FEEF IN E:LFVA1ION, 6. 'THIS PROPERTY IS SUBJECT' 'TO VARIOUS MINIJRAl RIGH"IS, AND TERMS OF MESA ROAD FLESO. TON # - ------ (HELD FOR LINE Of" POWELL SUNDIVISION) CP A�CESSORY B UILDING E ELO Pk� 'AP L,S#9018 `FNDJ/2" FIEUAR W1 RfT) C A, ]LANDS OF 0X1I4NHFJiG 615 DEEDS 665 (RECEPTION# .520696) 0 "'Z -_ 11-111.111- j-1. I IN< r, ow W( 015" 1 11� vi ri It) irr4i U) CHAITEAU WAY W,4 N C " WIG) E EFADW Y EASE ACCESSORY BUILDING- ENVELOPE WO IN 60''WI �r CAP ep 10� N GRAPHIC SCAU11' ECEP ION 3 PER J 210' 70% IN FTRET I NDAEBAR W\ RED C;Ap. --------- END. REBAR N 57* W 0.3' FNU RLC I Loeb SO ft. 0 ACCESS I 'AN4$C�l;)E�J/TIL.ITY/E:NVY(OP� It A LANDS NOW Ott ["ORMFIRLY Of' CHMS'PENSEN 1 6. 77t�l (DEFJ) HOOK 227 PAGE 226) PRINCIPAL Bijfli IN (REVISED BY Pt m, REC FND, REHAR S 7:5' W 0,2' FNT) �3 THE APPLICANT ACKNOWI THAT SHE HAS Of"EN INFORMED BY PILKIN COUNTY Of Ill1F 14 X, N, EXISfANCE OF 1041 ENVIROMENIAL HAZARD AREAS THAI' MIGHT' AFFECF 'I'lit" fal OP.RIY, ANY 6 Z MEN TS, AND THE USE AND OCCUPANCY 1110*0F. IMPROVf-' /z V) olk DATE: 120 N'8 7 1,ANDS OF' Irli LE 1 �%p A N fHLS FIRST AMt`,,NDF.D TROUTMAN 1041 HI AZARD RE: VIEW SlfE PLAN (RECEPTION# 570685) HAS BEE.N REVIEWED AND APPROVED fly Flit,,, COMMUNIrY DEVI.-J.,OPMENt DIRECTOR 01; HIKIN P. 0. B. f COUNTY, COLORADO THIS 141LDAY Of 4(,,010. APPROVAL Of THIS, 10,11 11=1N IION "Lv/,S�r/jv(, RECEPTION#: 573699,09122/20'10 at IS SURX`,CT TO 111E IFTIMS AND CONDITIONS t' )i A �ANG SCAPE'/D`TIU TY E, ELO�PE. - 10:03:58 AM, I OF 1, R $11�00 Janice K, RECORDED AS RECEPTION #_tk"LT Vos Caudill, Pition CoUntY, CO IN '11 IE PI T'KIN COLIN rY CLERK AND RECOROER'S OFFIC 101" 71 AT SK 94 PG 61 e,)74) Q 'ZI 1. RQRF"�Rf C. HUTTON, REGIS] F'.RED PROFESSIONAL. LAND SURVEYOR, 00 FIEREE1Y CERTIFY LANCE CLARKEj)IRECTOR THAI I HAVE PREPARED 'THIS MAP OF 'THE FIRST' AMENDEM TROUTMAN 1041 HAZARD REVIEW SITE,,' PLAN I-ROM AN ACCURATE FELL) SURVE,`X OF THE I REAL PROPCRTY DESCRIBEZ FIERE,0N, THAT THE. LOCATION AND DIMENSIONS OF THE 3 ENVELOPE ARE rRUE AND CORRECT TO THE. PROPER I'Y, TOPOGRAPHY, AND BUILDING OF' 11ALE PaaEa rEpC BEST OF MY KNOWLEDGE AND BELIEF, -ION# 484,525) THIS FIRST AMENDED ]ROLAMAN 1041 HAZARD RFVIfW SIFE PLAN (RECEP I *% IN jlIEREOF, I 11AVE,,*. SET' MY HAND ANO SEAL IHIS JA_DAY kv HAS BEEN ACCEPTED FOR FILING IN THE OFFICE OF BfF CLERK AND AXORDET? Of, lll[,: COUNfY 11IR 100 OF OF PITKIN, STATE, Of 'LOCK i-M. IFIRi COLORADO, AT &*AJ O'C Ax )AY OF 'k 2,010 IN PLAT BOOK Al- PAGE 4Pjt_ AS- RFCFT`IION NUMBER Rt 1141" K AND RECORDER p 6,11111� 4) tty 8+11 Al4rFI A" [F" DESCRIPTION SE1/4 Of S C1ION 15, IOWNSfITF1 9 'SiOLJIFI, ALL, LHAT CERTAIN REA1, PROPERTY SHEAR, IN ITT[,: SW1/4, OIL 1111 F F OUNU 1", /8" REFIAR W/ FIE1) CAP 15# !9'71 RANQ'IF: 86 WEST, 01,: LIFE SIXIH PRINCIF-Al MERIDIAN, PH KIN COUNTY, SIXFF 01, COLORADO, SAJO REAL F1R0F1I,.R1Y Ul M{) RE' OADIICi 11 AM V C NESCRIcIED AS TO[ I OWS: Z, I LANDS riC)ONf 1-1A1E COMMENCING Al AN ANGLE POINT IN WESTERLY LINE OF ]TIE TANDS DFSCNFF3iQ IN IF4AI CIIJ41AIN DFIE'D FIRST AIM"ENIDED (31 PLATS 91) GRANTED 1-0 [,[ALK HY RECI,,".PTION DOCUMENT #370685 (752 O.R. 252) AND'ST-LOWN ON THAI 0.,.RIAIN PLAT TRO"UTMAN 1041 HAZARD REVIEW SITE PLAN THE OFFICE OF THE PIIKIN COUNTY RECORDE,R, SAID ANOTE POINT BFING FILFD IN BOOK 31 AT PACE 91, IN -1 15 -,RLY MOST CORNER OF" SAID LANDS OF HALF, DISIANT NORTI *19340 EAST 256.37 FEET FROM THE' WE�SJT #/97? LHENCE OF .,, T H.,E LANDS OF JANINE TROUTMAN SAID ANGIE POINT BFING MARKf ' 1) IN PLACE BY A 5/8" REHAR WITH RET) PLASTIC CAP LS THE N0RrHWESrF'.Rt.Y IINF,' OF SAID LANDS OF TIA11" NORTH -S FOUND THENCE NORTH 58744'00" EAST 224.65 FEFJ I'D 111E IRLIF: -'ON' E NNN, AS DESCRIBED IN THOSE CERTAIN DEED DOCUMENI HELD POST LION (POIN r OIL' COMMENCEMENT) 55000'00" FAST 60,00 rEfl; T� I F F 6 of I C, 5/�B" REXIAN W/ RED CAP I-S#/9/2 FROM SAID POINT OF COMMENCiMEN1 ALONG OF' FHE LANDS HEREIN DIESCRIBED; LITIENCE NORTH 58*4400" EAST 1,56.01 FEET; IFIfiNOF LEAVING LAST' RECORDED MAY 01s 2001 UNDER RECEPTION 4454-039 AND e, / / // / / , / 11 1 ITOOL)rMAN BY DEED //0 �z SAIL) LINE OF HALE, ALONG 111E BOUNDARY OF 'THE LANDS QUIT C-AIMED TO JANINF RECORDF„J) MAY 23, 2003 UNDER REXIEP'TION #4KM39 IN ITIF OF FIEF ' OF THE P11KIN COUN re RFxORCER RECORDED MAY 23ir 2003 UNDER RECEPTION #483139 N W Ill 590 2'46" EAST 183.55 FEFI; I"HENCF: NORTH 38'53'15" OR11-1 3319'40" EAST 60,00 FEEJ; THENCE NOR' 15 THE OFFICE OF THE PITKIN COUNTY CLERK & RECORDER EAST 190,00 FEEL"; LHENCE NORTH 48.43 FEET; THENCE AILONG THE CENIERLINE OIL A 60 FOUL WIDE ROAD IN r -1 80*30'00" WEST '/9.72 F`EET; S SOUTH 01*20' -515-300022) EASEMEN1 NORTI, 40*tK, o (ASSESSOR PARCEL, #264 THENCE SOUTH 81'20'oo" *sT, A' 'T 162.0) ' 111ENCE WEST' IN SAID RECEPFION 1 483139) 160 ' 00 IT11, F" THENCE SOUTH 68'00'00" WES ( FEEI (UNINCEIRPORA-EED)QED SNOWMASS PITKIN COUNTY COLORADO vv:*-f4v-yN t4o - b 14 SOUTH 58'0000 WEST 31100 FEET �� LION 4831,39); FHIENQ,� ['�ALLED A JOIAL OF 306,00 F1,J; F IN SAID RECEP j -1 87*45'00" WEST 25&W 10 111E EAS]ERLY LEAVING SAID LANDS DESCRIBED By Ef'�TION #48,3139 SOLID 5 I'Ll -iA f CENTAIN MAP ENTI I' , OWE11, SUHDIVISION (AMI,",'NITHEO)" AS FILED IN 30' 100,0 ASSUMIJ) DAIUM LINE OF IfiF LANDS SHOWN ON IF LED "P SCALE: I" DATE: MAY, 2010 VND FILM BRASS D14 3C PLAT BOOK' URSES BEING ""Mro / / I ROBERT C. HUTTION ALON TH 00'54'4,15" WEST 353.82 FETEA; THENCE 41 Al AT PAGE 20 IN 'THE OF1 ICE, OF THE PI LKIN COUN LY RECOROFIR, THE LAS i FIVI, G THE CENFERLINE", OF SAID ROAD EASEMENT- ITIENCF SOU 15 FEET 'TO THIL FALONNING 0 A PROFESSIONAL LAND SURVENOR LEAVIN(13 LAST SAID ONE Of POWELL. SUBDIVISIQN,'IS16R�111 6,5418'00" EAST 43.1� ' �l F� 601.10 F-11 j; THENCE 331L,15 FEFf ALONG �AID CUIRVE THE SOUJI-IWESTIERLY 'PE' TANGENT CURVE TO THE LEFT HAVING A RADIUS OF 725 CFMEFERY LANE: U) 10 A POINT Of" 'FANGF`,N( ' 'Y- THENCE NORTH 31'43'00" EASil' 43.00 FTLFJ; IHENCE A1,1*13 AS IN, CO 81611 DE, CIRIBED'BY RECEPTION #483139 SOUTH 64'54'09" EAST 208.68 FEET TO THE TRUE LINF',: Of", SAID LANOS S (970) 5449952 POINT OF FIEGINNING AND CONTAINING 504•3 ACRES Of' LAND MORE OR LESS. °51 I1 1 {>F 1 FINID.ti/fl" REFJAR W/ RED CAP L5#9018 (HFID FOR LINE' OF poi11 CAF' 7,77777 7) 773 ,it Amp 0 p _771 011T it 111, 1 1 rmp"" 7= All (111b Z11911's--m" : V) Al, SIM Nq, Z7 Up 25 VICINITY MAP #t 0 .16 16 i MILv5 FIN10.1/2" REBAR W/ RED CAP [3#9018 (HELD FOR LINE OF POWELL SUBDIVISION) LANDS OFIR1EQE1SR OF OXEN BERG (303 DEEDS 935) 800,30#W TROUTMAN 104.1 HAZARD REVIEW SITE PLAN )N ........... N 80.,300� 615 DEEDS 685 (RLCEPTION# 320696) IS 1512 000 W 7ft _. W 79.7,2- AND LOT LINE ADJUSTMENT(MERGER) PLAT 160.0's OF THE LANDS OF JANINE TROUTMAN 14 AS DESCRIBED IN THOSE CERTAIN DEED DOCUMENTS RECORDED MAY 01, 2001 UNDER RECEPTION #454039 AND RECORDED MAY 23, 2003 UNDER RECEPTION #483139 IN THE OFFICE OF THE PITKIN COUNTY CLERK & RECORDER U11U1y-NQM- The utilities existing on the surface and shown on LEGEND (PARCEL �5) this drawing have been located by field movoy, All underground utilities shown on this drawing are ER EDGE OF GRAVEL ROM) (PER RECEPTION #4"139) Prom records of the various utility cornponloo and the GVL GRAVEL EIURFACR surveyor does not assume responsibility Poi fficir FL FLOW LINZ completeness, indicated location, or size. Record TOP TOP OF BANK GRD, 'G11 11 utility location should be confirmed by exposing TO ror�Uofp SLOPE the utility. No= op 1. ALL. DIMENSIONS SHOWN ARC, IN ffl�:I AND DIXIMALS THEREOF. 2. THE DISTINCTIVE BORDER INDICAIES IJOUNUARY OF THE LANDS SURVEYED AND MERGED BY THIS MAP. Ile 3, BENCHMARK: TOP OF' FILM BRASS CAP FOR 1/4 CORNER SEC. 15/22 (1985) ELEVATION - 100.00 ASSUMED DATUM. 4, DIMENSIONS SHOWN IN PARENTHESES ( ) DENOTES RECORD DEED OR PLAT DATA, 5. CONTOUR INFERVAL EQUALS TWO F0,;`1 IN ELEVATION. EAST" 6, THIS PROPERTY IS SUBJECT' TO VARIOUS MINER& RIGHTS, AND TERMS OF MESA ROAD RESOLU-TION &7 CO --�AQCES -DINC E ELOP Y BUIL: LANDS OF' OXENHERG 40 615 DEEDS 685 (RECEPTION# 320696) ✓ �.w OLD W061y QNE a E Z, o D 2) �KCFPTION #4825139) VARGEL FIE I Cf, ATEAU WAY uff IT ACCESSORY BujWwC, ENVELOPE N I wil 1 1, 11, GRAPHIC SCAkE se 5 61w / " 0, 1258$5 "1 23.0' 1 < ACCESS E VELOPE . .... .. ... IN FEET H D.REBAR W\ RED C R--04 2.36, C, j inch ft, FND. REBAR N 37* IN 0.3' FND-REC C-4 0' IrAWDSOP/ ILI* ENWLOPE 2 I< 4,RLY OF CHRISUNSEN LANDS NOW OR FORMV (DEED BOOK 227 PAGE 226) Ile PRINCIPAL BUI, vi;eo FND. REBAR 5 73" W 0.2 F'Nl)-.-REC 41 ANQ Q15CLA "Ile THE APPLICANI ACKNOWLEDGE'S THAT SHE HAS BEEN INFORMED BY PITKIN COUNTY OF TFIF 5.4,V RLgEPTIw,#3 6 klb EXISIANCE Of 1041 ENVIROMENTAL HAZARD AREAS THAT MIGHT AFFE.CT THE PROPERTY, ANY C IMPROVEMENTS, AND THE USE AND OCCUPANCY THEREOF, THE APPLICANT ALSO HEREBY CONSENFS IN #1 " "'o �b 'TO THE MERGER OF TFIE PARCELS SHOWN HEREON TO CREATE". PARCEL A. 5 �5 ISO //110. /q0 /+ /6 LANDNC 'PAE/fUTIOTY EN /C P 7L IX/ M 1, ROBERT C. HUTTON, REGISTERED PROFESSIONAL LAND SURVEYOR, DO HEREBY CERVIFY THAT I HAVE PREPARED THIS MAP OF THE TROUTMAN 1041 HAZARD REVIEW SITE: PLAN AND LOT LINE ADJUSTMENT(MERGER) PLAT FROM AN ACCURATE FIELD SUFO&Y OF FHE REAL PROPERTY DESCRIBED HEREON, THAT THE LOCATION AND DIMENSIONS OF TI-IE PROPERTY, TOPOGRAPHY, AND BUII DING ENVELOPE ARE TRUE AND CORRECI TO THE Z Z LANDS OF HALE S 2; BE ST OF' MY KNOWLEDGE AND BELIEF. Z I / (RECE�PTION# 484325) 00 wo IN WIINff THEREOF, I HAVE SET MY HAND AND SE,-.AL Him -ii-DAY (IN\ OF 4 4�, .124� ... ....... 2006, & LANDS DEC' HALE (31 PLATS 91) (RECEPTION# 670685) 44312 '414k, ROBERT C. HO-TT IN A 41 AL =Q81 0 Or- RAB= A "Q ALL THAr CERTAIN REAL. PROPERTY SITUA11" IN THE SW1/4, OF ITIE, SE1/4 OF SECTION 15, TOWNSHIP 9 SOUTH, x RANGE 86 WEST, OF THE SIXTH PRINCIPAL MERIDIAN, PITKIN COUNTY, STATE or, COLORADO, SAID REAL. PROPERTY X qN FOUND 5/8" REBAR W/ RED CAP LS#7972 BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: Z �,- LANDS OF HALT; COMMENCING AT AN ANGLE. POINT IN THE WESTERLY LINE OF 'THE LANDS DESCRIBED IN IHAT CERTAIN DEED (31 FLATS 91) SHOWN ON IIiAr CERTAIN PLAT V, GRANTED ID HALE BY RECEPTION DOCUMENT #370685 (752 O.R� 252) AND S -170685) (RECEP fION# , FILED IN BOOK 31 AT PAGE 91, IN TFIE OFFICE OF THE PITKIN COUN'IY RECORDER, SAID ANGLE POINT BEING DISTANT NORTH 15'19'34" EAST 2156-37 FEET FROM THE WESTERLY MOST CORNER Of' SAID LANDS OF HALE, SAID ANGLE POINT BEING MARKED IN PLACE BY A 5/8" DEBAR WITH RED PLASTIC CAP LS#7972; ]HENCE OUND 5/8" RfQAR W/ RED CAP I.4 #7972 FROM,(S�11) POINT OF COMMENCEMENT ALONG THE NORTHWESTERLY LINE OF SAID LANDS OF HALE NORTH ...... HELD POSITION (POINI' OF C)MMENCEMENT) 55,00 )0 EAST 60.00 FEET; THENCE NORTH 58 4400 „ EAST 224.65 FTET TO THE TRUI:: POINT OF” BEGINNING OF 111E. LANDS HEREIN DESCRIBED; THENCE NORTH 58*44'00" EAST 196L07 FEFF; THENCE LEAVING LAST /,Yo X 3A. SAID LINE: OF HALK, ALONG THE BOUNDARY OF THE LANDS QUIf CLAIMED TO JANINE, rRoui'MAN BY DEED RECORDED MAY 23, 2003 UNDER RECEPTION #483139 IN FHE OFFICE OF THE PITKIN COUNrY RECORDER 'ET, THENCE NORTH 5W32'46* EAST 183.55 FE'll" (HENCE NORTH 38'53'33" NORTH 3310*40" EAST 60.00 FEET; THE THENCE NORTH 48.43 FEET, THENCE ALONG THE": CENTERUNiE. OF A 60 FOOT WIDE ROAD EAST 190.00 FEET; # THENCE SOUTH 81420,00" WEST (DESCRIBED AS SOUTH 01'20' EASEMENT NORTH 80*30*00" WEST 7932 FEET; THENCE WEST IN SAID RECEPTION 483139 160.00 FEET; THENCE SOUTH 68100'00" WEST 182.00 FEET; SOU' IN DO OG�NW S T 311.00 M17 &LLED A TOTAL Of 306.00 FEET IN SAID RECEPTION 1 483139)1 THENCE LEAVING S% LANDS BY ECEPTION #4831,39 SOUTH 87*45'00" WEST 2,58.85 FEE ' ID THE EASTERLY 10x.(1 ASSUMED DAT.Uj I-INC. OF THE LANDS SHOWN ON THAT CERTAIN MAP ENTITLED "POWEL,L SUBDIVISION (AME - NDEO)n AS FILED IN FND RLM ORA$$ DIS PLAT BOOK 41 AT PAGE 20 IN THE OFFICE OF THE PITKIN COUNTY RECORDER, I'HE LAST FIVE COURSES BEING ALONG THE CENTERUNE OF SAID ROAD EASEMENT; THENCE SOUTH 00', 4'45" WEST 35182 FEET; THENCE 525398 LEAVING LAST SAID LINE OF ROWELL SUBDIVISION, NORTH 6301800" EAST 43,15 FEET TO THE BEGINNING OF A -1' THE TANGENT CURVE TO THE LEFT HAVING A RADIUS OF 1-1 NCE' 331.35 FEET ALONG SAID CURVE page! I of I , 01.10 F ' ALONG INS I III CO 111 06/19/2006 12:0 "ID A POINT Or TANGENCY; THENCE NORTH 31#43'00 EAST 416o aii; THENCE ' 1HE SOUTHWESTERLY JANICE K VOE, I,,nUrjj,j_ P�'IKIN COUNfY CO R It �00 D 0.00 LINE Of' SAID LANDS DESCRIBED BY RECEPTION 9 4,83139 SOUTH 64*5409" EAST 200.68 FEET I'D THE TRUE M." "AD IQ n18 POINT OF BEGINNING AND CONTAINING 5,043 AC ES OF LAND, MORE OR LESS, 1, ND.5 (111A.D FOR LINE: Of aDWELL SUBDIVISION) THIS TROUTMAN 1041 HAZARD REVIEW SITE PLAN AND LOT LINE ADJU$TMCNf(MEROER) PLAT HAS BEEN REVIEWED AND APPROVED BY THE COMMUNITY DEVELOPMENT HEARING OFFICER OF PITKIN COUNTY, COLORADO THIS -R.-DAY APPROVAL OF THIS 1041 AND MERGER IS SUBJECT` TO THE TERMS AND CONDITIONS OF DETERMINATION NO. RECORDED AS RECEPTION ...... IN THE PITKIN COUNTY CLERK AND RECORDER'S OFFICL:. ;FAMES R. TRUE, HEARING OFFICE I R THIS TROUTMAN 1041 HAZARD REVIEW SITE PLAN AND LOT LINE' ADJUSIME.,NI(MERGER) PLAJ HAS BEEN ACCEPTED FOR FILING IN THE OFFICE OF TI-fE CLERK AND RECORDER OF THE COUNTY Of' PITKIN. STATE OF' COLORADO, AT/ZOVOLOCK 40.0, rHIS l. .DAY OF 44ta,6-20015 IN PLAT BOOK AT PAGE AS RECEPTION NUMBER Ir V�/ACLE64AXVCI)i 11��" ROUT 1041 HAZARD REVIEW SITE PLAN "P% A AND LOT LIE ADJUSINMENT(WERGER) PLAT OF THE LANDS OF JANINE TROUTMAN AS DESCRIBED IN THOSE CERTAIN DEED DOCUMENTS RECORDED MAY Olt 2001 UNDER RECEPTION �454039 AND RECORDED MAY 23 203 UNDER RE #483139 IN THE OFFICE OF THt PITKIN COUNTY CLERK & RECORDER (ASSESSOR PARCEL #2645-15-300022) (UNINCORPORATED)OLD SNOWMASS PITKIN COUNTY COLORADO SCALE: 1" 30' DATE: JUNE. 2006 ROBERT C. MUTTON PROFESSIONAL LAND SURVEYOR -725 CEMETERY LANE ASPEN, CO 81611 (970) 544-902 SI-IFEA, 1 OF 1 °73 77 7- 157", 0"