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Home My WebLink Aboutpitkin.planning.264321100003 (2009)~~~~~~c''1 V ~ ~t~ 8 ~9~ 1 TINS FILE I~'I?,Y dig ?~~IAY NOT CE3NTAIN ALl?.' EIF TIE INF~RI~'IATIf3N LISTE- ~ELQ~d IN T1=IE la ~LL~~VING ~RI~ER S~HxneHary Sheet Resale~tlmn for the c~C}CC aHH~I/or Fr'x~ f2rdrEtamce for the ~Q~CC and/or Fc~2 ~eternelnataon for the ~deara~ag ®~cer Adacclnlstratlve IaeterHn4natpon Staff 1VIeHSHo E~1S[319CatH®n Fe~bllc Notice, R.eeeptance Letter, Referral(s) Letter S%te Plan 1Vllscellaneous Flat(s) Parcel ID: 2643-21-1-00-003 Application Date: 5/13/09 Case No: P047-09 Description: Planner: Mike Kraemer # Copies: 4 Allocated Hours: 12 Project Address: 8895 UPPER RIVER RD, ASPEN, CO 81611 % Over Hours: 4.4 Property Owner: GRANT ANTHONY J & KATHRYN) Owner's REP: FRED PEIRCE Address: PO BOX 2481 Owner Phone: ASPEN. CO 81612 Address: 600 E HOPKINS AVE, SUITE #20 REP's Phone: (970) 925-2600 ASPEN, CO 81611 REP's Email: fpeirce@aps-pc.com Referrals: PLANNING ENGINEER REFERRAL Other Referrals: Woody Creek Caucus 07/07/09 CDOW ALL OTHER REFERRALS Comments Due Date: 07/07/2009 Meetings: 1st Meeting: 2nd Meeting: 3rd Meeting: Meeting Date: Review Body: admin Public Hearing? yes Notice Date: 06/0712009 Meeting Notes: pn to rep & jj 5/27I09/Ib vpn to rep & jj 8/7109//bjj Approvals: BOCC Resolution #: P&Z Determination #: BOCC Ordinance #: HO Determination #: Admin Determination #: 057-2009 #561761 Other Information: VR Approval Date: 08/06/2009 Plat Recorded Date: 10/21/2009 VR Expires Date: 0 8106/2 01 2 Plat (Bk, PG): B92 P20 #563782 Remarks: Application Type: Activity Envelope Site Plan RECEPTION#: 5&1761, 08!10!2009 at 10:30:02 AM, 1 OF 3, R $0.00 Doc Code ADMIN DECISION Janice K. Vos Caudill, Pitkin County, CO DMMONITYDEVELOPMENTDII2ECTOROFPITHIN _ _ _ W . ,, . ~ _ .~., . ~.. v i HE GRANT ACTIVITY ENVELOPE AND SITE PLAN Administrafive Decision No~`~~ -2009 RECITALS Anthony Grant ("Applicant"), has applied to the Community Development Director of Pitkin County, ("Director"), pursuant to the 2006 Pitkin County Land Use Code ("Code"), for Activity Envelope and Site Plan Review for construction of a water line and mechanical pump for imgation purposes. l . The parcel is in both the RS-20 and AR-10 zone districts and contains approximately 4.1 acres. 2. The parcel is located at 8895 Upper River Road. PID#: 2643-211-00-003 (Legal Description, Attachment A). 3. The parcel received 1041 Hazard Review approval pursuant to Administrative Decision 46-2006. The approval was granted for a building envelope to construct a single family residence. Pursuant to Administrative Decision No. 08-2007 (Rec. No. 534293) the building envelope was amended for septic and landscaping purposes. The amended envelope was recorded at BK83 PG 1 at Rec. No. 535588. A single family residence currently exists on the pazcel. 4. The Colorado Division of Wildlife (CDOW), Planning Engineer, and the Woody Creek Caucus all commented on the application. The Woody Creek Caucus opposes the proposal and feels the project is not sufficiently important to justify disturbance to steep slopes next to the Roazing Fork River. 5. The Director finds that pursuant to section 7-20-20(ex8), utility lines on slopes > 15% can be reviewed through the Site Plan process. 6. The Director further finds that pursuant to section 7-20-80(c) utility lines and imgation devices can be permitted within the 100' stream setback because no feasible alternative locations are available for constrncfion. 7. Public notice was published in the Aspen Times Newspaper on June 7, 2009. The Applicant mailed the public notice to the adjacent property owners on June 15, 2009. No formal objections were received within 30 days. APPROVED by the Director, subject to the following conditions: 1. The Applicant shall adhere to all material representations made during the application process. 2. All previous land use approvals are still applicable. 3. Prior to submission of any future building permit applications, the Applicant shall be required to submit for approval by the County Attorney and Community Development an Activity Envelope and Site Plan in accordance with Land Use Application Manual Section 2.1.12. The above referenced approvals shall be a condition precedent to finalization and recordation. 4. Construction of the pump and digging for the water pipe shall incorporate specific measures designed to reduce erosion and prohibit sedimentation. Construction shall not increase stream sedimentation and suspension loads. 5. Removal or disturbance of vegetation in riparian and wetland buffer azeas shall be avoided to the maximum extent practicable. 6. The Applicant shall submit for an earthmoving permit that includes an extensive revegetation plan that implements best management practices to ensure full revegetation of the slope. If ripazian grasses/wetlands are disturbed, the revegetation plan shall include replacement of such vegetation and be implemented as quickly as possible, but in no event later than one Bowing season following conclusion of construction activities. rage ~ afz .-dd.h~~, ~~~-zOOq 7. The above grade portion of the concrete structure that houses the mechanical pump shall be visibly concealed with stacked rocks to mask its appearance. 8. The Applicant shall not have heavy machinery on the slope. 9. The Applicant shall adhere to the alignment shown on the recorded site plan which avoids significant trees and vegetation. Unless absolutely necessary, due to unforeseen below grade impediments such as rocks and/or roots, the alignment may change to another area within the approved activity envelope. A note shall be included on the site plan that identifies this requirement. 10. Any tree(s) 6" d.b.h. or greater that are removed shall be mitigated for pursuant to Section 7-20-10 of the Code. 11. The Applicant shall consider reducing irrigation demand in times of low flows in the Roaring Fork River in effort to reduce impacts to riverine and aquatic systems. 12. No development shall occur outside the approved envelope, with the exception of vegetation removal necessary to comply with the wildfire mitigation measures described above. No structures shall be permitted outside of the approved activity envelope. Applicant shall be required to obtain an Earthmoving Permit for any work outside the approved envelope. 13. Prior to commencement of any earthmoving or other construction activity, the Applicant shall stake the corners of the activity envelope and install construction fencing around the construction site within the perimeter of the building envelope. The fencing shall remain in place until issuance of a Certificate of Occupancy. 14. Failure to comply with these conditions of approval may result in revocation of this permit or any subsequent permits related to this property or vested rights associated with this property. 15. 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, § 2-20-170 and C.R.S., § 24-68-105. The statutory vested rights granted herein shall expire on August, 20]2. PUBLISHED AFTER ADOPTION FOR VESTED REAL PROPERTY RIGHTS in the Asnen Times Weekly on the ~ day of ~u rn - , 2009. APPROVED by the Director, this ~ ~L~day of~, 2009. Cindy Houben, ~ Community Development Director PIDN 2643-211-00-003 P047-09 Page 2 of 2 ~C~rnitl *~ 5~ - ZbOq Attachment A Legal Description TO: Pitkin County Community De/veJlopment Director FROM: Mike Kraemer, Planner ~/1 /~ DATE: August 4, 2009 ~ ° 1 / RE: Grant Activity Envelope and Site Plan Review SUMMARY OF REQUEST: The Applicant is requesting Activity Envelope and Site Plan Review for construction of a water line and pump station. APPLICANT: Tony Grant REPRESENTATIVE: Fred Peirce -Austin, Peirce, and Smith P.C. LOCATION: 8895 Upper River Road. PID#: 2643-211-00-003. 2005 AERIAL PHOTOGRAPHY: The Lot is highlighted in green. ~,Y - i of yf r I 1 lra ~i' a~ :i~'f 11•c+.. fr` ~ i • ~ +~ ~,- G SAC. ~. j~~.r~e~ ~A~_" +Y' ~ ~i may. .+ , ~ ~ .. ~ \'l y A.~ ~ ~~* ~ t L ~`"' r~ Legend ~, ` ~~ ~ yr. ~ •!. ,~Y ~'~'~ c _~"~ f,~~ ~~ - r Rods Y~~.r~. i . ~ i ..~~ _~-, ..._ ~ ,- i - ,. 'y~ 1 ~ ~ ~'v. 66 'cif] _ ...?~ w, ~ 4A0 1 _ ~ r~ ~r ` i ~„ ~ • PCIg2 / Of ~ ZONING/LOT SIZE: The lot contains 4.2 acres according to the Pitkin County Assessor and is located within both the RS-20 and AR-10 wne district. BACKGROiJND: The parcel received 1041 Hazatd Review approval pursuant to Administrative Decision 46-2006. The approval was ganted for a building envelope to constmct a single family residence. Pursuant to Administrative Decision No. 08-2007 (Rec. No. 534293) the building envelope was amended for septic and landscaping purposes. The amended envelope was recorded at BK83 PG 1 at Rec. No. 535588. A single family residence currently exists on the parcel. SPECIFIC REQUEST: The Applicant is requesting approval to establish an envelope for the purpose of burying a mechanical pump to take water from the Roazing Fork River and pump it up to an existing residence for irrigation via a 2" water pipe. The parcel is bisected by Upper River Road and therefore the water pipe would be constructed up a steep slope from the River, cross Upper River Road, and then be placed within an existing driveway that continues on to the existing residence. The Applicant has made representations that the mechanical pump will be buried within a concrete structure with about 1' of concrete showing above grade. The entire length of the water line is proposed to be buried. REFERRAL COMMENTS: The Colorado Division of Wildlife (CDOW), Basalt and Rural Fire District, Snowmass/Capitol Creek Caucus, and the Planning Engineer. Comments were received from all except the CDOW. STAFF COMMENTS: Staff has determined that Activity Envelope and Site Plan review is applicable to this development proposal. Below are the criteria for review. ACTIVITY ENVELOPE (7-10-501: Site Preparation and Grading: Land Use Code Sec. 7-10-20 addresses standards for preparing a site for development. Staff Response: The most significant Code standazd that will affect this proposal will be mitigating for tree removal. The standard states that if any trees 6" d.b.h. or Beater are removed, mitigation shall occur. The proposed alignment on the site plan avoids significant trees, however the Applicant shows an activity envelope that includes some significant trees. The Applicant wishes to have this envelope approved for flexibility in the event that a large rock or something else significant is found during digging and must be avoided, resulting in the loss of the trees. Staff finds this proposal acceptable and recommends that the alignment only be changed and trees removed if absolutely necessary. Steep and potentially unstable slopes: Land Use Code Sec. 7-20-20 addresses standazds for development on potentially unstable slopes; Staff Response: The proposal illustrates a water pipe alignment that extends upward from the River to Upper River Road. This area contains slopes > 45%. Pursuant to Code section 7-20-20(ex8) any development on slopes > 30% shall comply with applicable standards in that section. This sections outlines that utility cuts on any slope with a gradient of 15% or greater shall be reviewed through the site plan process. River and Stream Corridors and Wetlands: Land Use Code Section 7-20-80 establishes setbacks from rivers and streams. Page 2 of 5 z The Applicant proposes the mechanical pump to be buried and within the water table. Approximately 1' of concrete will be showing above grade. The pump will be above the mean high water mark and above the 100 year floodplain of the River. The alignment of the water pipe starts up this slope between the two larger trees then to Upper River Road which is proposed to be cut for the pipe. The linear distance of the pipe up the slope to the road is approximately 40'. The picture below depicts this area of the Road to be cut and the alignment up the driveway in the background: Page 3 of S 3 Staff Response: The proposed activity envelope and site plan show placement of the buried pump station adjacent to the River. The envelope resides within the 100' riparian/wetland setback. The picture below ~_ - _i :. ~- . _ -. •. - r i ~~ "Lf ~ ~.~,, ~ ~w~ =~ ..t.G ~' >i r• ~,.-;,~.3.-- .~~.` t~- r ,~ . ~ . -.any ~ ,~..e .. . ~ A.',.~~ . Drivewa where the ~ e "-~ ~x-,t~ y p P '~~.~,<.., ` _ .,.. is proposed to be buried !F `9 -r. ~. ~.~ .~ ~~ ~ti:•' r ` , . -•~` ~ , _ "~- `#1~ -.. M1 .~.• ,d ~ l v "~ . Y x.~ T ~ .y ~ ~ .A~ Teti` ~ S .~ . :~` _• . ~ ~"~ .. x y ~f ~ Alignment of water pipe across Upper River Road ::.~ _.~: ~ - •.sx:r- ,. Pursuant to Section 7-20-80(c) utility lines and irrigation devices may be permitted within the 100' stream setback upon a finding that no alternative locations are available and that adverse impacts will be adequately mitigated pursuant to subsection (d) in that section. Staff feels that there is no alternative location to locate the pump and water line because the water right comes from the Roaring Fork River. Staff will implement subsection (d) as conditions in the Administrative Decision. The Planning Engineer has commented on the application and has recommended efforts to minimize disturbance during construction (Attachment A). These recommendations have been implemented into conditions in the draft resolution. The CDOW has also commented on the application and found that the proposal will not have significant impacts to wildlife. The CDOW stated that the Applicant should consider depletion during low river flows (Attachment B). The Public Works Departrnent commented on the proposed cut of Upper River Road. It was stated that a Right of Way permit will be required prior to commencement of cutting the road. SITE PLAN REVIEW DEVELOPMENT WITHIN AN ACTMTY ENVELOPE: The Applicant has proposed a site plan that illustrates all development within activity envelopes. Page 4 of ~ `-l SCENIC REVIEW (SECTION 7-20-120): The parcel is located along Upper River Road, a scenic corridor. To mitigate the visual impacts of the construction of the water line Staff feels that requiring an extensive revegetation plan for the slope is appropriate. LANDSCAPING AND VEGETATION PROTECTION (SECTION 7-20-130) AND TREE MITIGATION (SECTION 7-10-10(C) Land Use Code Sec. 7-20-130 is intended to preserve existing vegetation on a development site to the maximum extent possible. Staff Response: The Applicant has provided a site plan that shows an alignment that avoids significant vegetation. For the reasons stated on Page 2 under Site Preparation and Grading the Applicant has proposed a larger envelope. Tree mitigation will be required if 6" d.b.h. trees are removed. WATER RIGHTS: The Applicant provided documentation of water rights. This documentation has been reviewed by the County Attorney who finds it appropriate in association with the proposal. WOODY CREEK CAUCUS COMMENTS: The Caucus was referred on the application and feels the proposal is not sufficiently important to warrant disturbance of steep slopes next to the River. (Attachment C). RECOMMENDATION: Staff recommends that the Community Development Director approve the Grant Activity Envelope and Site Plan for construction of a water line for irrigation subject to the attached drafr Decision. ATTACHMENTS: A. Planning Engineer Comments B. CDOW comments C. Woody Creek Caucus comments Page 5 of 5 ~~,~ L FI-~?~J~N ~ /~ PITKIN COUNTY COMMUNITY DEVELOPMENT DEPARTMENT 130 South Galena Street Aspen, Colorado 81611 (970) 920-5526 FAX# (970) 920-5439 MEMORANDUM To: Mike Kraemer FROM: Catherine Berg, Planning Engineer Re: Grant Activity Envelope and Site Plan DATE: Juue 12, 2009 After reviewing the application I propose the following conditions: - The applicant shall apply for and obtain an Earthmoving Permit for any work that disturbs more than 50 cy of soil. The application shall include documentation of adequate water rights. - A Floodplain Permit will be required for any work within the floodplain. The applicant shall cleazly delineate the limits of the 100-yr floodplain on a site plan in order to be exempt from a Floodplain Permit. - The applicant will be required to apply for and obtain a Right Of Way Permit for any work within the Pitkin County ROW. - A detailed revegetation plan will be required. Plan shall be reviewed and approved by Pitkin County Community Development. The plan shall include a tree mitigation plan for the removal of all trees six inches or larger diameter at breast height. It shall also address, specifically, how steep slopes will be revegetated adequately. Financial security for the revegetation of steep slopes may be required. - The applicant shall submit a detailed Construction Management Plan that addresses all phases of construction. - A detailed drainage and erosion control plan shall be submitted. If the development disturbs one (1) acre or more a State Stormwater Permit shall be applied for and obtained. All historical drainage patterns shall be maintained. ~Gov~ ~~l^l ~~~! aT C:\Documents and Settings\michaelk\Local Settings\Temporazy Internet Files\Content.0utlook\6D4Z6HAE\Grant 6 12 09.doc LD STATE OF COLORADO Bill Ritter, Jr., Governor ~ DEPARTMENT OF NATURAL RESOURCES DIVISION OF WILDLIFE AN EQUAL OPPORTUNITY EMPLOYER Thomas E. Remington, Director 6060 Broadway Denver, Colorado 80216 Telephone: (303)297-1192 wildlife. sta te. co. us June 7, 2009 Pitkin County Community Development 130 S. Galena Aspen, CO 81601 RE: Grant Activity Envelope Dear Mike: For Wilddrfe- For People The proposed construction of a pump station and underground pipeline, which will be mostly contained within an existing driveway, should not have any significant impacts to wildlife. BMP will be utilized to minimize erosion and all construction activity will be outside of the river. The application did not address water rights and the amount of water depletion from river aquifer. The applicant should consider depletion values during low river flows and any impacts it may have to the riverine and aquatic system. Thank you for the opportunity to comment. If you have any questions, please contact DWM Kevin Wright. Area ~t'dlife Manager Cc: R. Velarde, K. Wright, file DEPARTMENT OF NATURAL RESOURCES, Hams D. Sherman, Executive Director WILDLIFE COMMISSION, Brad Coors, Chair. Tim Glenn, Vcz Chair • Dennis Buechler, Secretary Members, Jeffrey Crawford • Dorothea Fartis • Roy McAnally • John Singletary • Mark Smith • Robert Streeter Ex Officio Members, Hams Sherman and John Stulp ~ ~ 1 07 r ~ rti^-- . 09 10: 35a Janet K. Schoeberlein --~ ~~3 ~ _ /// y ~~~~. ~~ is.~ T- C- 970-922-7295 Woody Creek Caucus District Planning Commission P. O. Box 297 Woody Creek, Colorado 8165G July 7, 2009 Pitkin County Community Development Department 130 S. Galena Street Aspen, Colo. 81611 Attn: Mike Kraemer Re: Tony Grant Activity Envelope and Site Plan The Woody Creek Caucus District Planning Comrission has considered this application and we have the following comments: There is a reference on the enclosed map to Lower River Koad, whereas this application obviously refers to Upper River Road: We oppose this project because it is not sufficiently important to justify the extreme disturbance of the 45 percent slope and the construction of the pumping station in such close proximity to the river. We oppose development within the 100 foot setback from the river, and we consider it impossible to restore vegetation on such a steep slope. Sinc / > ~ t K. Schoeberlein ~f r The Woody Creek Caucus District Planning Conunission p.l AUSTIN, PEIRCE & SMITH, P.C. Attorneys At law 60o E. Hopkins Avenue Suite zo5 Aspen, Colorado 8t6tt Frederick F. Peirce Thomas Fenton Smith* B. Douglas Cook Ronald D. Austin OF COUNSEI. *A1soAdmitted in Delaware May 12, 2009 Mike Kraemer Pitkin County Community Development 130 S. Galena Aspen, CO 81611 Re: Grant Application for Activity Envelope a~:d Site P[a~: Approval Dear Mike: Telephone 197o)9z5-z6oo Facsimile t97o)9z5-47zo Email Addresses: fpeirce@aps-pc.com tsmith@aps-pc.corn dcook@aps-pc.com Please accept this application on behalf of Tony Grant for approval of an activity envelope and site plan on the property located at 8895 Upper River Road in Woody Creek. As required by the February 13, 2009 Pre-Application Conference Summary, attached to ~is summary letter are the following: Exhibit A: Activity Envelope and Site Plan; Exhibit B: Administrative Decision No. 08-2007; Exhibit C: Warranty Deed recorded at Reception No. 520419, including property description; Exhibit D: Check in the amount of $3,572.00; Exhibit E: Signed fee agreement; Exhibit F: Consent from owner to process application and authorizing Austin, Peirce & Smith, P.C.; Exhibit G: List of adjacent property owners and mineral estate owners; and F:\Files A-L\Grant\Pitkin County\Re Grant Application for Activity Envelope and Site Plan Approval.doc UUUf~t-~ ~ ~ I~ AUSTIN, PEIRCE & SMITH, P.C. Attorneys At law Page 2 Exhibit H: Pre-Application Conference Summary, dated February 13, 2009. 1. Description of Proposal: This is an application for approval of an activity envelope and site plan, including an exemption from the 100-foot streamside setback, for construction of a pump station and underground pipeline to pump water from the Roaring Fork River to an existing sprinkler system on the property to irrigate approximately 9,000 square feet of lawn, garden, and ornamental plants. The diversion structure will be constructed outside the 100-year FEMA floodplain and will consist of three 36 inch reinforced concrete pipes set vertically in the alluvium of the Roaring Fork River. A submersible pump will be installed with a pitless adapter. A locked cap will be set on the top pipe. The 100-year floodplain elevation at the proposed pomp station is 7,334 feet as defined by the FEMA Flood Insurance Rate Map (FIRM) 08097600696 Pane169 of 325. The water supply pipeline will be 360 feet long and will consist of a 2-inch High Density Polyethylene (HDPE) pipe. The pipe and the electric power cables and control wire will be shallow buried at least one-foot deep. It will be located almost entirely within the existing driveway servicing the property. Total excavation will be less than 50 cubic meters. 2. Water Crossing or Diversion (Section 2-30-20(g)(6)): Construction activities will not extend into the Roaring Fork River and will not impact the River. There are no wetlands within the proposed activity envelope. Therefore, the diversion has been engineered so that there will be no blockage of a drainage channel and no loss of wetlands or riparian areas. Since all construction activity will occur outside the Roaring Fork River, the timing of construction will not affect the biology of the stream. 3. Site Plan and Activitv Envelope (Section 7-10-50): In view of the scale of the project and the location of the pipeline underground, there will be no impact on surrounding properties. In addition, the existing pine trees and cottonwood trees surrounding the pump station with an average trunk diameter of 1.5 feet will not be disturbed and will screen the pump station from view. As stated above, earthmoving will be less than 50 cubic yards. 4. Site Preparation and Gradine (Section 7-20-10): The design and construction of the project will mitigate physical and visual damage to the land, as follows: (a) Construction activities will be limited to the boundaries shown on the site plan and will not extend into or impact the Roaring Fork River. (b) All disturbed areas will be graded to the existing conditions and will therefore not block any existing drainages. Wetlands have not been observed in the construction activity envelope. F:\Files A-L\Grant\Pitkin County\Re Grant Application for Activity Envelope and Site Plan Approval.doc {/~~,~~~'; 7 li fJVO AUSTIN, PEIRCE & SMITH, P.C. Attorneys At law Page 3 (c) Areas with disturbed soil will have wattles placed on the downgradient sides to intercept and filter runoff Adjacent to the river, two rows of wattles will be placed between the disturbed area and the river. Wattles will be securely staked into the ground and be free of weeds and seedlings of any kind. (d) Revegetation of the disturbed area will begin within a week of final grading to minimize the opportunity of weed growth. Seeding will consist solely of the Pitkin County Mix as described below. Erosion control blankets are to be installed on top of the placed seeding. Pitkin County Seed Mix: Seeding Rate: 30-40 lb. per acre 35% Western Wheatgrass 15% Thickspike Wheatgrass 25% Slender Wheatgrass 10% Indian Ricegrass 15% Green Needlegrass 5% Secar Bluebunch (e) On steep slopes adjacent to the river, the toe of the slope will not be removed. Countours will be graded to match existing conditions. Revegetation will achieve 70% of pre- existing condition for the project to be deemed complete. (~ Existing trees will not be disturbed. 5. Steep Slopes (Section 7-20-20): The site plan delineates the slopes on the property with 2-foot contour intervals. There is no alternative to this project that avoids these slopes. The project is located entirely on previously disturbed land. The pipeline will be underground, and after installation existing conditions will be restored. As described above, site engineering eliminates any hazards, avoids adding water, does not remove the toe of the slope, does not increase weight load, and disturbed slopes will be re-contoured and revegetated. 6. River and Stream Conditions (Section 7-20-80): This section of the Code permits irrigation devices and water diversion facilities within the stream setback if there is no feasible alternative location and adverse impacts are adequately mitigated. These requirements are satisfied in this case for the reasons set forth above and as shown on the site plan, Exhibit A. F:\Files A-L\Grant\Pitkin County\Re Grant Application for Activity Envelope and Site Plan Approval.doc L3 ~ ~1'~ Q AUSTIN, PEIRCE & SMITH, P.C. Attorneys At Law Page 4 Based upon the foregoing, Tony Grant requests approval of an activity envelope and site plan for construction of an irrigation system on his property. Please notify me if you require any further information, and thank you for your consideration. Very truly ours, i Thomas Smith CC: Anthony Grant Bill Lorah, Wright Water Engineers F~\Files A-L\Grant\Pitkin County\Re Grant Application for Activity Envelope and Site Plan Approval.doc te,~r_Ol: ~,~; APR/16/2009/THU 02:42 P17i g; ^^~~ C7; A ~ a m I~: ~~ ~~y~ 4 iS .~~~ ~~ 1, ~ $q~ ,y, 9 Of~O°05 1+~10U~'"" IPJ TEh9P SERV ~ .~: .~ ~ ~ ~ ~: .. '~ .c~..r ~:~ .A ~~ ~~,~ d R. V g ' Q ~~ y@j V fie' .5 14. ,~ & N ~ `~ a `~ ~rv~~~~ ~ ~; ~~~ ~.~ ~~~ b. 5 m G ~ W 21 .~. ~. cA .~ .'v ~:.: y ~. FAX iao, 970 9~ ` 3654 ~~~ ~.~. ~,~ . ~~~ ~~~~ ~~: ~~ ~'~ p d V -Y '~: ~~~ q o ~~~ '~ ~~ 0 ~~~ ~~~~~~ gy ~+r~5'"dai~ ~' '~s~ ,~. ~.,. ~ ~S ~~ N ,`} '•a ~. V :~ pE ~ 9 O ~~ N ~. ~ m "` a o ~! ~ `~ ~e' ~ EXHIBIT P. 002 N Y, ~z.~Ss e~ .:~~ P~ ~~, e 4 (' t`~. IIIIIIIVIIIIIIIIIIIIIIIIIIVIIIIIIIIIIIIIVIIIIIIIIIII P 0~~ 06 09:40 JRNICE K VOS CRUDILL PITKIN COUNTY CO R 16.00 D 114.00 , WHEN RECORDED RETURN TO: Name: Anthony James Grant Address: c/o Austin, Peirce & Smith PC 600 East Hopkins, Suite 205 Aspen, CO 81611 WARRANTY DEED ~ ~~ ~ _oo THIS DEED; made this 31st day of January, 2006, between Janies Wingers of the said County of Pitkin and State of Colorado, grantor, and Anthony James Grant and Kathryn Jones Grant, joint tenants whose legal address is c/o Mountain Temp Services, Inc., 409 Aspen Airport . Center, Suite A, Aspen, CO 81611 of the said County of Pitkin and State of Colorado, grantee: WITNESS, that the grantor, for and in consideration of the sum of Ten dollars and other good and valuable consideration, the r eceipt a nd s ufficiency o f w hich i s h ereby a cknowledged,has granted, bazgained, sold and conveyed, and by these presents does grant, bargain, sell, convey and confine, unto the grantees, their heirs and assigns forever, not in tenancy in common but in joint tenancy, all the real property, together with improvements, if any, situate, lying and being in. the said County of Pitkni and State of Colorado described as folhiws: A tract of land being a part of Lots 2 and 7, in Section 21, Township 9 South, Range 85 West of the Sixth Principal Meridian, described as follows: Beginning at a point on the North line of said Section 21, whence the Northeast Comer of said Section 21 beazs North 89°50' East 1445.60 feet; thence South Ol °51' East 385.00 feet the TRUE POINT OF BEGINNING; thence North 82°23' West 394.86 feet to the Centerline of the Roaring Fork River; thence South OS°00' West 106.16 feet along the Centerline of the Roaring Fork River; thence South 31 °00' East 190.00 feet along the Centerline of the Roaring Fork River; thence South 46°30' East 180.00 feet along the Centerline of the Roaring Fork River; thence South 68°25' East 199.76 feet along the Centerline of the Roaring Fork River; thence North O1 °51' West 415.00 feet to the Point of Beginning. County of Pitkin, State of Colorado also known by street and number as: TBD Upper River Rd., Woody Creek, CO 81656 File Number: 43996-C6 Stewart Title of Colorado, Inc. -Aspen Division Warranty Deed -Joint Tenants (Extended) Page 1 of 2 ':~ fJ l1 ti l.f ~.~ EXHIBIT G ~I TOGETHER with all and singular the hereditaments and appurtenances thereto belonging, or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof, and all the estate, right, title, interest, claim and demand whatsoever of the grantor, either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances. TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the grantee, his heirs an8 assigns forever. And the grantor, for himself, his heirs, and personal representatives, does covenant, grant, bargain, and agree to and with the grantee, his heirs and assigns, that at the time of the ensealing and delivery of these presents, he is well seized of the premises above conveyed, has good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and has good right, full power and lawful authority to grant, bargain, sell and convey the same in manner and form as aforesaid, and that the same are free and clear from all, former and other grants, bargains, sales, liens, taxes, assessments, encumbrances and restrictions of whatever kind or nature soever, except See Attached Exceptions The grantor shall and will WARRANT AND FOREVER DEFEND the above-bargained premises in the quiet and peaceable possession of the grantee, his heirs and assigns, against all and every person or persons lawfully claiming the whole or any part thereof. The singular number -shall include the plural, the plural the singular, and the use of any gender shall be applicable to all genders. has executed this deed on the date set forth above. D. LaSalle, As Attorney In Fact for Jaynes STATE OF Colorado COUNTY OF Pitkin The foregoing instrument was acknowledged before me this 31th day of January, 2006, by James Wingers My commission expires Apri121, 2007. Witness myhand and official seal. 1 ~°~~..~ D. FILLiNGHA~9 NOTARY PUEiLlC STATE OF COLOiZ400 i Stewart Title of Colorado, Inc. -Aspen Division Page: 2 of 3 File Number: 43996-C6 III~III~~IIII~III~IIIIIIIIIIIII~IIIIIIIIIIIIIIIIIIII~II •r72Q4 Warranty Deed-joint Tenants (Extended) JgNICE K VOS CPUD ILL PITKIN COUNTY CO 02/01/2006 09;40 Page 2 of 2 R 16.00 D 114.00 ~~i~~0 EXIIIBIT 1 EXCEPTIONS 1. Distribution utility easements (including cable Tom. 2. Those specifically described rights of third parties not shown by the public records of which Buyer has actual knowledge and which were accepted by Buyer in accordance with paragraph 8b of contract Form No. CBS 1-9-99 [Matters Not Shown by the Public Records]. 3. Inclusion of the Property within any special taxing district. 4.. The benefits and burdens of any declaration and party wall agreements, if any. Unpatented~rnining claims; reservations or exceptions in patents, or an act authorizing the issuance thereof; water rights, claims or title to water: 6. Taxes for the year 2005 and subsequent yeazs not yet due and payable. Right of the proprietor of a vein or lode to extract and remove his ore therefrom, should the same be found to penetrate or intersect the. premises hereby granted, as reserved in United States Patent recorded April 1, 1925 in Book 55 at Page 282 as Reception No. 82923. 8. Right. of way Easement granted unto Rocky Mountain Natural Gas Company, Inc., as set forth in instrument recorded October 19, 1961 in Book 195 at Page 426 as Reception No. 112276. 9. Terrns, conditions, obligations and provisions of Protective Covenants as set forth in Deed recorded August 31, 1965 in Book 215 at Page 200 as Reception No. 121682. 10. Grant of Easement by and between James Wingers and the Board of County Commissioners of Pitkin County, Colorado as set forth'in instrument recorded Apri129, 1980 in Book 388 at Page 272 as Reception No. 223689. 11. An e asement o f i ogress and a gress b eing 18 feet w ide a cross the property as set forth in Deed recorded March 7, 1966 in Book 219 at Page 298 as Reception No. 123622. 12. Easements, rights of way for Telephone Poles with Pedestals and Overhead Telephone Wires and Power Pole with Meter and Overhead Electrical Wires and for Gas Pipes as shown on Survey by Louis H. Buettner L.S. No. 13166 dated August 5, 2005. File Number: 43996-C6 _ ,rj `~,Q~}~~ Stewart Title of Colorado, Inc. -Aspen Divisio~i I IIIIII VIII IIIIII IIIIII III VIII IIIIIII III VIII IIII IIII 02/01 /2006 09:4@i, Warranty Deed -Exhibit 1 (Exceptions) ~ Page 1 of l D 114.00 JRNICE K VOS CgUDILL PITKIN COUNTY CO R 16.00 i(~Ur.~Ob c~ {r WHEN RECORDED RETURN TO: Name: Anthony James Grant Address: c/o Austin, Peirce & Smith PC 600 East Hopkins, Suite 205 Aspen, CO 81611 WARRANTY DEED TATS DEED, made this 31st day of January, 2006, between James Wingers of the said County of Pitkin and State of Colorado, grantor, and Anthony James Grant and Kathryn Jones Grant, joint tenants whose legal address is c/o Mountain Temp Services, Inc., 409 Aspen Airport Center, Suite A, Aspen, CO 81611 of the said County of Pitkin and State of Colorado, grantee: WITNESS, that the grantor, for and in consideration of the sum of Ten dollars and other good and valuable consideration, the r eceipt a nd s ufficiency o f w hich i s h ereby a cknowledged,has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey and confum, unto the grantees, their heirs and assigns forever, not in tenancy in common but in joint tenancy, all the real property, together with improvements, if any, situate, lying and being in the said County of Pitkin and State of Colorado described as follows: A tract of land being a part of Lots 2 and 7, in Section 21, Township 9 South, Range 85 West of the Sixth Principal Meridian, described as follows: ~, Beginning at a point on the North line of said Sectio_ n 21, whence the Northeast Corner of said Section 21 bears North 89°50' East 1445.60 feet; thence South O1°51' East 385.00 feet the TRUE POINT OF BEGINNING; thence North 82°23' West 394.86 feet to the Centerline of the Roaring Fork River; thence South OS°00' West 106.16 feet along the Centerline of the Roaring Fork River;. thence South 31 °00' East 190.00 feet along the Centerline of the Roaring Fork River; thence South 46°30' East 180.00 feet along the Centerline of the Roaring Fork River; thence South 68°25' East 199.76 feet along the Centerline of the Roaring Fork River; thence North Ol °51' West 415.00 feet to the Point of Beginning. County of Pitkin, State of Colorado also known by street and number as: TBD Upper River Rd., Woody Creek, CO 81656 Fife Number: 43996-CG Stewart Title of Colorado, Inc. -Aspen Division Warranty Deed -joint Tenants (Extended) Page 1 of Z TOGETHER with all and singular the hereditaments and appurtenances thereto belonging, or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof, and all the estate, right, title, interest, claim and demand whatsoever of the grantor, either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances. TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the grantee, his heirs and assigns forever. And the grantor, for himself, his heirs, and personal representatives, does covenant, grant, bargain; and agree to and with the grantee, his heirs and assigns, that at the time of the ensealing and delivery of these presents, he is well seized of the premises above conveyed, has good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and has good right, full power and lawful authority to grant, bargain, sell and convey the same in manner and form as aforesaid, and that the same aze free and clear from all former and other grants, bargains, sales, liens, taxes, assessments, encumbrances and restrictions of whatever kind or nature soever, except See Attached Exceptions The grantor shall and will WARRANT AND FOREVER DEFEND the above-bazgained premises in the quiet and peaceable possession of the grantee, his heirs and assigns, against all and every person or persons lawfully claiming the whole or any part thereof. The singular number shall include the plural, the plural the singular, and the use of any gender shall be applicable to all genders. has executed this deed on the date set forth above. D. LaSalle, As Attorney In Fact for James STATE OF Colorado COUNTY OF Pitkni The foregoing instrument was acknowledged before me this 31th day of January, 2006, by James Wingers My commission expires Apri121, 2007. Witness my hand and official seal. -,, D. FILLiNGHt~"-~ NOTARY FUEL!'; STATE OF CQLOIs ::~,.~ File Number. 47996-C6 Stewart Tile of Colorado, Inc. - Hspen Division Warranty Deed -Joint Tenants (Extended) Page 2 of 2 JV 1)v~SJ EXHIBIT 1 EXCEPTIONS 1. Distribution utility easements (including cable TV). 2. Those specifically described rights of third parties not shown by the public records of which Buyer has actual knowledge and which were accepted by Buyer in accordance with pazagraph 8b of contract Form No. CBS 1-9-99 [Matters Not Shown by the Public Records]. Inclusion of the Property within any special taxing district. 4. The benefits and burdens of any declazation and party wall agreements, if any. 5. Unpatented mining claims; reservations or exceptions in patents, or an act authorizing the issuance thereof; water rights, claims or title to water. 6. Taxes for the year 2005 and subsequent yeazs not yet due and payable. 7. Right of the proprietor of a vein or lode to extract and remove his ore therefrom, should the same be found to penetrate or intersect the premises hereby granted, as reserved in United States Patent recorded April 1, 1925 in Book 55 at Page 282 as Reception No. 82923. 8. Right of way Easement granted unto Rocky Mountain Natural Gas Company, Inc., as set forth in instrument recorded October 19, 1961 in Book 195 at Page 426 as Reception No. 112276. 9. Terms, conditions, obligations and provisions of Protective Covenants as set forth in Deed recorded August 31, 1965 in Book 215 at Page 200 as Reception No. 121682. 10. Grant of Easement by and between James Wingers and the Boazd of County Commissioners of Pitkin County, Colorado as set forth in instrument recorded April 29, 1980 in Book 388 at Page 272 as Reception No. 223689. 11. An e asement o f i ngress a nd a gress b eing 18 feet w ide a cross the property as set forth in Deed recorded March 7, 1966 in Book 219 at Page 298 as Reception No. 123622. 12. Easements, rights of way for Telephone Poles with Pedestals and Overhead Telephone Wires and Power Pole with Meter and Overhead Electrical Wires and for Gas Pipes as shown on Survey by Louis H. Buettner L.S. No. 13166 dated August 5, 2005. File Number: 43996-CG Stewart Title of Colorado, Inc. -Aspen Division Wartanty Deed - Exhibi[ I (Exceptions) Page 1 of 1 ~~lsi~l~ fit' T ~ B I ^~ ANTHONY) GRANT KATHRYN GRANT ' PO BOX 240 WOODY CREEK, CO 81656-0240 ~~~J,~~ PAV TO THE / /~~~ (~ ~/~L~i/dGCII ORDER OF o~ 7i~-~~~(T~Ir ~D~O~/~JI ~~ ~~/C~ `~ ,, YMhFargo BankNA Flo do ~7~j nn:nyo.wo ~ FOR ~ C /U ~ _ /~~~Hk] R+ '~'^C/" '. 6e~/ ~~ GG~ 08698 8698 23-7/1020100] ' 6105005559 DATE $ 3S~ °° DO R a' x«_ .. s ,. ~JQJ`12 a. EXHIBIT ' 'e PITKIN COUNTY COMMUNITY DEVELOPMENT DEPARTMENT AGREEMENT FOR PAYMENT OF LAND USE APPLICATION FEES PITKIN COUNTY (hereinafter "COUNTY") and ANTHONY JAMES GRANT (hereinafter "APPLICANT"}AGREE AS FOLLOWS: 1. APPLICANT has submitted to COUNTY an application for ACTIVITY ENVELOPE AND. SITE PLAN-8895 UPPER RIVER ROAD (hereinatter,the"PROJECT"). 2. APPLICANT understands'and agrees that Pitkin County Ordinance No. 32-2002 establishes a fee structure for land use applications and the payment of all processing fees is a condition precedent to a determination of application completeness. The fee structure is based on the COUNTY'S policy that development shall pay, in full, the cost of development reviev/ in the COUNTY. Fees have been set to be consistent and fair to the public and to reflect the expense incurred in providing such services to the public. 3. APPLICANT and COUNTY agree that because of the size, nature or scope of the proposed PROJECT, it may not ba possible at the time of application to ascertain the full extent'of the costs involved in processing the application. 4. APPLICANT and COUNTY agree that fees charged for the processing of land use applications shall accumulate if an app&cation includes more than one type of laird use review. 5. COUNTY and APPLICANT further agree that it is impracticable for COUNTY staff to complete processing or present sufficient information to the Planning Commission and/or Board of County Commissioners to enable the Planning Commission and/or Boazd of County Commissioners to make legally required findings for project a¢proval; unless eti)ieAt billings aze paid in full prior fo decision. ..>:;;a 6. Therefore, APPLICANT agrees that in consideration of the COUNTY'S waiver of its right to collect full fees prior to a determination of applicafion completeness, APPLICANT shall pay a base fee in the amount of $ which is based on _ hours of staff tide, and if actual time spent by staff to process the application exceeds the average number of hours by more than 20%, thin the COUNTY wIll bill the APPLICANT quarterly for the additional time spent. Such periodic payments shall be made'within 30 days of the billing date. APPLICANT further agrees that failure to pay such accrued costs shall be grounds for suspension ofprocessing. PTTKIlV COUNTY ANTHONY JAMES GRANT Cindy Houben Community Development Director ~y: ~__ „. Prilrt Narllr a~'d Tit}e (if applicable) Date: _ Mailing ddr~ s: C/O AUSTIN; PEIRCE & SMITH, P.C. 600 E, HOPKINS STE 205 ASPEN, CO 81611 EXHIBIT ~G~at;l3 April~_, 2009 Mike Kraemer Pitkin County Community Development 130 S. Galena Aspen, CO 81611 Re: Grant Application for Activity Envelope and Site Plan Approval Dear Mike: I am the owner of the property located at 8895 Upper River Road, Woody Creek, which is the subject of the above-referenced application. I hereby consent to and authorize Austin, Peirce & Smith, P.C. to represent me and to process this application on my behalf. EXHIBIT C:\D000ments and Settings\Tony\Local APS%20Authorization[1 ].doc i/lY~~,~~~$ .. _, MELBERG THOMAS A & MARILYN S FABRIZIO FAMILY TRUST PO BOX 630 1407 BAYSIDE DR WOODY CREEK, CO 81656 CORONA DEL MAR, CA 92625 R003137 R003767 WOODY CREEK PTNRS LTD C/O RAYMOND B KELLYIR 2824 W 7TH ST FORT WORTH, TX 76107 R003524 EXHIBIT Ut3UE,~ ~ PITKIN COUNTY 530 E MAIN STp302 ASPEN, CO 81fi11 R015409 Pitkin County Assessor 506 East Main Street Suite 202 • Aspen, CO. 81611 Office Hours: 8:00 - 5:00 Mon-Thu Telephone Number: (970) 920-5160 O 8:00 - 4:00 Fri Fax Number: (970) 920-5174 ~.1 G PITI~V COUNTY PRE-APPLICATION CONFERENCE SUMMARY LOCATION': 8895 Upper River Road PID# 2643-211-00-003 ZONING: RS-20/AR-10 SIZE: 4.1 acres OWNERS: Grant ~ REPRESENTATIVE: Fred Peirce EMAIL and PHONE: fneirce(c~aps- cU COM 925.2600 DATE: February 13, 2009 PLANNER• Mike Kraemer, 920.5482 Type of Apphcafion: Activity Envelope and Site Plan Descripflon of Project/Development: The Applicant is requesting approval for an exemption to the 100' streamside setback for construction for an irrigation pump and piping. Land Use Code Sections to be addressed in letter of request (applicationl• Sec. 2-30-20(g): Activity Envelope Criteria for Approval; Sec.7-10-50: Activity Envelope; Sec. 7-20-10: Site Prepazation and Grading; S'-Sec. 7-20-20: Steep and Potentially Unstable Slopes; ~, Sec. 7-20-80: River and Stream Corridors and Wetlands; Staff will refer the application to the following agencies: Planning Engineer, Woody Creek Caucus, and CDOW. Review by: Community Development Director Public Hearing: No. However, the Applicant shall post a public notice sign on the property at least 15 days prior to the hearing pursuant to Sec. 2-20-100(a)(3) of the Lahd Use Code. In addition, the Applicant shall mail notice (by certified mail) to all adjacent property owners and mineral estate owners with the return address of the Community Development Department (form of notice to be obtained from the Community Development Department). The names and addresses shall be those on the current tax records of Pitkin County, as they appear no more than 60 days prior to the date of the public heazing. A property owner receiving the public notice shall have 2 weeks from the date the notice was postmarked to submit comments or objections to the Community Development Department. FEES: $3,572 (make check payable to "Pitkin County Treasurer") • Planning Office flat fee: $2,994 (non-refundable; based on 12 hours of staff time). If staff review time exceeds 14.4 hours, the Applicant will be charged for additional time above 12 hours at a rate of $249/hour) o Public Notice Fee: $54 o Web Technology Fee: $25 o Planning Engineer Fee: $499 To apply, submit 4 cOp1e3 of the following information, unless noted otherwise: 1. Summary letter explaining the request, providing background on prior approvals and permits, and addressing compliance with the Code sections listed above. 2. 24" by 36" and I 1 "by 17" Activity Envelope and Site Plan, as designated in Section 2.1.1 and 2.1.12 of the Pitkin County Land Use Application Manual; 3. Previous Land Use Approvals (if applicable); 4. Proof of ownership of subject property (1 copy); 5. Pazcel description, including legal description and vicinity map; 6. -Total fee for review of the application; 7. Signed fee agreement (1 copy); 8. Consent from owner(s) to process application and authorizing the representative (1 copy) 9. List of all adjacent property owners and mineral estate owners (1 copy) EXHIBIT J€~", 1.7 C~ C. C H a': W f/1 9 9 a aye z ~~, ~~ ° ° ~ p ° fl s - n'N` N - `G ~~~~ I ~` s., ~ o ~ gg ~;°Q° n° ~ °m m S- - ~ Sj+^ H S < ~ - ~ ~ e ° _ _ O o m W ~ R' m ~ ~~o - _ _ ~z A ~3 ~ E~. ~„ z z y m m _F ~ XZ<F b '° `2 p mR' 9a~ 3 ~[ o `° H m m o S o ^" e~^ d ~~ ~ on~Z iv ~ m d e u# ~OODn a n ~'~p ~'mm : a m o O m ~ ~ ~ N y w m ~p ,..i:5 iv o .... ....:...:: .n::;;.:.:xvy.v=n%sY-ris:"Ii;~ ~~~-: a...::!~:v ?a5;'~: y, .... .. ~I::, r u3;i3~5.;L~. !"r ....... .::..a .. ~a:::: ..:° . , ,' '~.:.::,i .... ~e ....~..x ~:'....:::. ~. ...:.: , .. ~ ..o,.:,. o ..:...-i-:. ..:.. .:. ....:... ~: ........ .i~.~F ...,; ~..._._;y v n .~.:.....:f. i:.awm Y'vr-- o .-.fi:. x: 'm YY o0 ....3isi..~:.~ iM:"~ .. 9 ;, r_iy.;i.L .:>l!rG:".,:~ Aii~O.:.;y5f. p m n ~ o ;..i„i `~' ' ~ w ° s ~: rra:..;~..,;;::is:w; D n Yvv :x[~:::~~%•~[~,K.:'~ IVY .::ai ~ ' 9 ' 3 .i § .a• tt.... v J 3• .c ~~ ~. ! ~`m. .: ;.. a ^S :..".t X04 ~ 0 ~~:::: r: ~-,:±~,~ ~ / ~ a ;:.: ,,;: '. 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J 1 V ~ M„OO,1510N ~ ~ VIA S z z UP _ g o / m °z & g e _ ~+ mq:i~ ~ R - _ 3a ~~@ ~3~ co~ m a mE 4, ~~~g = \ ~, 6 ~ n yp~ tl W 1 l r v ^ a r . ~ . .yJr ° ~ ~ y~ YN~ ~Z G (n ® U z ° 9Ci n ii'J~~ i~Syt • og~ SO ~S °WY i< • P119Y Y9C p °] O° C ~ 'u ~'wn~ r1Siy° ii ~ ryY_Qi e• "$ p$~ryypp °¢3° $ ° °i O' ~ a ~~ ~~ G ~ ~ ~:° Xi~]~D d010i $~ ° Cg~°g~ i~ ~O ~M• 6i Yb' ~~Z OV$ ~ ~ E o $"~ O°E§ ~fjo$ ~° g •3~ ° °• $~ ~°m ¢°~ p£=9 b3"~ P Q ;s ~ •ai 3g~g:3j'j a¢8: a iiy Y~'S" $g 3T ~.i" i=° .. ;' °a A~ ~ 3°~ zR3a $R~° ~~i'6 $~°£ 8g a+Q~~ ~o ~~~ a~e~ $°P!S i4a E °G °c°s <m ~ S 6~: ~ ! g~~~ Pg°® i ~ •• ° ~ ,g °~~°° e3P~ ~ " C$P y ~ em i$ mZ ! y i 3So 7$~~r° s,~$~ ~ ~S °& i ~a o ®®~®~ S Imo $?i ;'s~~ °y~~ S g &= a'g p 771`11 ! ps~ i8 S na!• °g ~°e p~^s ~~ n8 0 •vv~v .N"~4i m°4Si ~'iea aB*y a °_ ~0 8'° m_ pr ii Fj g+ °IS ~~i ~ ~~ 3S °6y~ Pi x Y+pA4~ ~ y~1° .~.°Agll Ca"y$ ° ~ 9 ~" °3 e a~ € ~:~ ° ~i°aE~ ~• ~ :,~;5 Y~ o XXSXx ~ Ss R&3~ 4aid °i ~ },g :i G m > aPS . ~ $-S ~^~ 3° g 3~ ~ 9r g o s~aw5 m"°~ ~m' 9 n Ei ;n x ^R° ~ ° 3gB xxu •i.~ d~~~ 3~~~ Y$ ~ $~ ~ 3 a~ 8Qa$ :~sv :~ = S a C~ ~ 7~y gg p ° "v i s (} a tl 3~ ~g is ~ - m' p 3 ; `n r ~d $~ ~ S$S ~ 3 X 3S ° ai + J F F $ S ~ I S ~ S ~ S ~ S 9 ~ x ~ 3 I i i a $p P ~ 3 3 C A 3 [ ; ~ i t ~ a p } ~ f • m ~ i S p 3 a m E ~ ~ E # ~ ~ $ PUBLIC NOTICE NOTICE IS HEREBY GIVEN to the general public that on August 6, 2009, the Pitkin County Community Development Director granted approval for the Approving the Grant Activity Envelope and Site Plan (Case P047-09; Deter. #57-2009). The property is located at 8895 Upper River Road and is legally described as a tract of land being a pazt of Lots 2 and 7, in Section 21, Township 9 South, Range 85 West of the 6th P. M. The State Pazcel Identification Number for the property is 2643-211-00-003. This site-specific development plan grants a vested property right pursuant to Title 24, Article 68, Colorado Revised Statutes. S/Cindy Houben Community Development Director Pitkin County, Colorado Published in the Aspen Times Weekly, on August 23, 2009. I o-~' I PUBLIC NOTICE RE: Grant Activity Envelope and Site Plan (Case P047-09) NOTICE IS HEREBY GIVEN that an application has been submitted by Anthony J. and Kathryn J. Grant (PO Box 2481, Aspen, CO 81612) requesting approval to construct an underground imgation pipeline and pump station for pumping water from the Roaring Fork River. The property is located at 8895 Upper River Road and is legally described as a tract of land being a part of Lots 2 and 7, in Section 21, Township 9 South, Range 85 West of the 6s' P. M. The State Pazcel Identification Number for the property is 2643- 211-00-003. The application is available for public inspection in the Pitkin County Community Development Depaztment, City Hall, 130 S. Galena St., Aspen, CO 81611. For further information, contact Mike Kraemer at (970) 920-5482. Published in the Aspen Times Weekly on June 7, 2009. Attention Adiacent Proaerfv Owners A property owner receiving this public notice shall provide comments or objections to the Pitkin County Community Development, 130 South Galena Street, Aspen, Colorado 81611, By July 7, 2009. If any objections to the development application are received the Community Development Department shall continue the application to a public hearing before the Hearing Officer. Michael Kraemer From: Michael Kraemer Sent: Thursday, August 06, 2009 11:58 AM To: 'Fred Peirce'; 'W-C Caucus' Subject: Grant Activity Envelope and Site Plan approval Attachments: Grant_actsite_dec.docx; Grant_actSiteplan_memo.doc Fred and Ann, Attached are the memo and administrative decision granting approval for the Grant irrigation pipe and pump. Lance signed it today. If an appeal is submitted, it must be in writing to our Department along with the $748 appeal fee within 15 working days of the decision. On my count, that date is August 27"'. Thanks, Mike Mike Kraemer Planner Community Development Department Pitkin County 130 S. Galena Street Aspen, CO 81671 970.920.6626(phone) 970.920.5439(fax) michaelkraemer(rDCO. pitkin.co. us 001~~0'! o~ I~ ASSIGNMENT OF ALLOTMENT CONTRACT N0.475 BASALT WATER CONSERVANCY DISTRICT FOR VALUE RECEIVED, James Wingers ("Assignor"),hereby sells, assigns, transfers, and sets over to Anthony James Grant and Kathryn Jones Grant ("Assignees") all of Assignor's right, title, and interest in and to that certain Water Allotment Contract with the Basalt WaterConservancyDistrictdatedOctober 11, 2005,which Contract allots 0.033 cubic feet of water per second from the District's direct flow rights and 5.3 acre feet of water per year ofstorage and/orotheraugmentation water owned or controlledby the District for use on that real property described in Exhibit A, attached hereto and incorporated herein by this reference. This Assignment is conditioned upon the consent thereto by the Basalt Water Conservancy Districtashereinbelowprovided. Assigneeherebyassumesandagreestopay and perform all of the obligations of the Allottee under said Contract. This Assignment shall be effective upon Assignor's conveyance of the above described property to Assignee. Dated this3l day of January By: By, Kathryn ones Grant, Ass ee Assignee's Mailing Address: Anthony James Grant and Kathryn Jones Grant P.O. Box 2481 Aspen, CO 81612 Telephone No. (970} 618-9780 .._......-,......~.....,,.o._..._,...,.,...,.....,...,...... - i - Q~~~u~2 CONSENT TO ASSIGNMENT TheBasalt WaterConservancyDistrictherebyconsents to the foregoingAssignment subject to the terms of and conditions of said Contract and the District's receipt of all charges related thereto. The District's consent to this Assignment is subject to the additional conditions set forth on Exhibit B attached hereto. Dated this 30th day of January, 2006. AT CON VANCY DISTRICT By: ' Christopher L. Geiger, Attorn or Basalt Water Conservancy District 4.. hYnY~1[[4([pYTY nY W.Wi.+[W.e~y~s [..Y 41.Y6l~ Z• ,~ EXHIBIT A A tract of land being a part of Lots 2 and 7, in Section 21, Township 9 South, Range 85 West of the Sixth Prinapal Meridian, described as follows: Beginning at a point on the North line of said Section 21, whence the Northeast Corner of said Section 21 beazs North 89 degrees 50' East 1445.60 feet; thence South Ol degrees 51' East 385.00 feet the TRUE POINT OF BEGINNING; thence North 82 degrees 23' West 394.86 feet to the Centerline of the Roaring Fork River; thence South 05 degrees 00' West 106.16 feet along the Centerline of the Roaring Fork River thence South 31 degrees 00' East 190.00 feet along the Centerline of the RoaringFork River; thence South 46 degrees 30' East 180.00 feet along the Centerline of the Roaring Fork River; thence South 68 degrees 25' East 199.76 feet along the Centerline of the Roaring Fork River; thence North Ol degrees 51' West 415.00 feet to the Point of Beginning. County of Pitkin, State of Colorado. ....,._..,.......,...~...,......, .............. ......... ........ - 3 - fl ~L~~~~O 'I EXHIBIT B TO ASSIGNMENT OF BASALT WATER CONSERVANCY DISTRICT CONTRACT The Assignment to which this Exhibit is attached to and made a part of is approved and made subject to the following conditions: i. Any and all conditions imposed upon the release and diversion of water allotted hereunder in any water rights plan of augmentation or other water rights decree of the Water Court for Water Division No. 5 shall be incorporated herein as a condition of approval of this contract. Granting of this allotment contract does not constitute the District's representation that the Assignee will receive a well permit or water rights decree for the land to be benefitted hereby. 2. h1 lieu of recording the Water Allotment Contract or this Assignment, a Memorandum of Water Allotment Contract will be recorded with the Pitkin County Clerk and Recordefs Office. The costs of recording the Memorandum shall be paid by Assignee. 3. PAYMENT: Assigneeshallpayannuallyforthewaterservicedescribedherein at a price to be fixed annually by the Board of Directors of the District for such service. Payment of the annual fee shall be made, in full, within fifteen (15) days after the date of a notice from the District that the payment is due. Said notice will advise the Assignee, among other things, of the water delivery year to which the payment shall apply and the price which is applicable to that yeaz. It a payment is not made by the due date, a late fee of $50 (or other amount as the Board may set from time to time) will be assessed and final written notice of the delinquent account and late fee assessment willbe sent by the District to the Assignee at Assignee s address set forth in the Assignment attached. If payment is not made within thirty (30) days after said final written notice, the District may, at its option, elect to terminate all of the Assignee's right, title, or interest under this Contract, in which event the water right allotted hereunder may be transferred, leased or otherwise disposed of by the District at the discretion of its Board of Directors. 4. WELL PERMIT: If Assignee intends to divert through a well, then Assignee must provide to District a copy of Assignee s valid well permit before the District is obligated to deliver any water hereunder, and it is the Assignee s continuous duty to maintainavalidwellpermit. Assignee shall alsocomplywithallrestrictionsandlimitations set forth in the well permit obtained from the Colorado Division of Water Resources. Assignee must comply with the well-spacing requirements set forth in C.R.S. §37-90-137, as amended, if applicable. Compliance with said statutory well-spacing criteria shall be an express condition of the extension of service hereunder, and the District shall in no way be .n. o.v~..an. u..~N...nn.~.~..~~..i ~..... i liable foranAssignee's failure to comply. Assignee agrees to mark the wellin a conspicuous place with the pemut number. 5. MEASURING DEVICE OR METER: Assignee agrees to provide, at its own expense, a totalizing flow meter with remote readout to continuously and accurately measure at all times all water diverted pursuant to the terms of Assignee's water right and the teens of this Contract. On or before November 15 of each year, Assignee will provide accurate readings from such device or meter (recorded on a monthly basis for the period November 1 through October 30 of each year) to District, the Division Engineer and Water Commissioner. Assignee acknowledges that failure to comply with this paragraph could result in legal action to terminate Assignee's diversion of water by the State of Colorado Division of Water Resources. By signing this Contract, Assignee hereby specifically allows District, through its authorized agent, to enter upon Assignee's property during ordinary business hours for the purposes of determining Assignee's actual use of water. 6. COMPLIANCE WITH SECTION4040FTHECLEANWATERACT. Assignee shall comply with Section 404 of the Clean Water Act and consult with the Army Corps of Engineers to complete any Section 404 compliance that may be required as a result of the construction of any facilities necessary to use contract water. CONTRACT TERMINATION: A. Temunation by District: 1. The District may terminate this Contract for any violation or breach of the terms of this Contract by Assignee. 2. The District may terminate this Contractif, inits discretion, any judicial or administrative proceedings initiated by Assignee threaten the District's authority to contractfor delivery or use of the District's water rights, or threaten the District's permits, water rights, or other interests of the District. B. Termination by Assignee: i. Assignee may terminate this Contract in its entirety for any reason by nofifying the District in writing of the termination on or before April 1. Notice by said date will prevent the Assignee s liability for the next annual contract charge. I i BASALT WATER CONSERVANCY DISTRICT WATER ALLOTMENT CONTRACT N0.475 Pursuant to C.R.S. 1973, 37-45-131 James Wingers (hereinafter "Applicant") has applied to the Basalt Water Conservancy District (hereinafter the "District"),apolitical subdivision of the State of Colorado, organized pursuant to and existingby virtue of Colorado Revised Statutes, 1973, 37-45-101, et seq., for an allotment Contract for beneficial use of water rights owned, leased, or hereafter acquired by the District. By execution of this Contract, Applicant agrees to the following terms and conditions and those certain terms and conditions set forth in the attached Order, which is fully hicorporated as a part of this Contract: i. QUANTITY: In consideration of the covenants and conditions herein contained, Applicant shall be entitled to receive and apply to beneficial use 0.033 cubic feet of water per second from the District's direct flow rights azld 5.3 acre feet per year of storage or other augmentation water owned or controlled by the District. Applicant shall restrict actual diversions and consumptive use under tlus Conhact to these amounts. The Contract aznotult is based on the water requirements table attached hereto as Exhibit B. Any increase or change in the water requirements to be served by the Dishict will require an amendment to the subject Contract. 2. SOURCE OF ALLOTTED WATER: Water rights allotted pursuant to this Contract shall be from the Dish7ct's water rights decreed to the Basalt Conduit, Landis Canal, Stockman's Ditch Extension, Troy and Edith Ditch, Robinson Ditch, or other water rights hereafter acquired by the District, uicluding the Dishict's right to receive storage water from Ruedi Reservoir and Green Mountain Reservoir. The District shall have the right to designate the water right or Decree of the Dishict from wluch the Applicant's allotted rights shall be obtained. The Applicant's use of any of the Dishict's water rights shall be subject to any and all terms and conditions imposed by the Water Court on the use of the District's said rights. Exchange or augmentation releases made fiom the District's storage rights in Ruedi or Green Mountain Reservoirs or other works and facilities of the District shall be delivered to the Applicant at the outlet works of said storage facility and release of water at such outlet works shall constitute full performance of the District's delivery obligation. Delivery of water from the District's storage rights in Ruedi or Green Mountain Reservoir shall be subject to the District's lease contract with the United States Bureau of Reclamation and any rules and regulations promulgated pursuant thereto. Releases from other facilities available to the District shall be subject to the contracts, taws, rules, and regulations governing releases therefiom. Furthermore, the District hereby expressly reserves the right to store water and to make exchange releases from structures that maybe built or controlled by the District in the future, so tong as the water service to the Applicant pursuant to this agreement is not impaired by said action. OYala.~ Av eu C4NF\lSY4en.)c.. ~ C.l!F 11Y. Ne A. Nf~ 41.ty ~~l)+~Q~ 3. PURPOSE AND LOCATION OF USE: Applicant will use the water rights allotted pursuant to this Contract for beneficial purposes by diversion at Applicant's point of diversion under the District's direct flow water rights and/or for use by augmentation or exchange. Applicant will use the water allotted by the District within or through facilities or upon lands owned, operated, or served by Applicant, which lands are described on Exhibit "A" attached hereto; provided that the location and purpose of Applicant's use of said water shall be legally recogiized and permitted by the applicable govermnental authority having jurisdicfion over the property served. Applicant's contemplated usage for the water allotted hereunder is for the following use or uses: X Domesiic/Municipal _ Indushial _ Commercial _ Agricultural _ Other It is acknowledged that certain locations within the District may not be susceptible to service solely by the District's water rights allotted hereunder or the Dishict's said water rights may not satisfy Applicant's needs and purposes. To the extent that servhce cannot be achieved by use of the District's allotted water rights, or ii the event said service is iiadequate, Applicant may utilize such other water rights, by way of supplementing the District's water rights, or otherwise, as is necessary to assure water service sufficiently reliable for Applicant's intended purpose or purposes. All lands, facilities and areas served by water rights allotted hereunder shall be situated within the boundaries of the District. Any quantity of the Applicant's allocation not delivered to or used by Applicant by the end of each water year, shall revert to the water supplies of the District. Such reversion shall not entitle Applicant to any refund of payment made for such water. Water service provided by the District shall be limited to the amount of water available in priority at the orightal point of diversion of the Disfrict's applicable water right and neither the District, nor those entitled to utilize the District's decrees, may call on any greater amount at new or alternate pouts of diversion. The District shall request the Colorado State Engineer to estimate any conveyance losses between the original point az1d any alternate point and such estimate shall be deducted from this amountin each case. The District, or anyone using the Dishict's decrees, may call on any additional sources of supply that may be available at an alternate point of diversion, but not at the original point of diversion, only as against water lights which are junior to the date of application for the alternate point of diversion. In the event the Applicant intends to institute aziy legal proceedings for the approval of an augmentation plan and/or any change to an alternate point of diversion of the District's water right to allow the Applicant to utilize the water allotted hereunder, the Applicant shall give the District written notice of such intent. hi the event the Applicant develops and adjudicates an alternate point of diversion and/or an augmentation plan to o,.,a.,x.,..~~.,.,.~..,.~...,,.,,,.,..,,,,~~ 2 „~lj~~~' utilize the water allotted hereunder, Applicant shall not be obligated to bear or defray any legal or engineering expense of the District incurred by the District for the purpose of developing and adjudicating a plan of augmentation for the District. In any event, the District shall have the right to approve the Applicant's application for change of water right, and/or augmentation plan or otherwater supply plan involving the District's rights, and the Applicant shall provide the District copies of such application and of all pleadings and other papers filed with the Water Court in the adjudication thereof. The Districtreserves the exclusiveright toreview and approve any conditions wluch may be attached to judicial approval of Applicant's use of the District's water rights allotted hereunder. Applicant agrees to defray any out-of-pocket expenses incurred by the District h1 connection with the allotment of water rights hereunder, including, but not limited to, reimbursement of legal and enghneering costs incurredn~ connection with any water rights adjudication necessary to allow Applicant's use of such allotted water rights; provided, however, hi the event any such adjudication involves more of the District's water rights than are allotted pursuant to this Contract, Applicant shall bear only apro-rata portion of such expenses. Applicantshallbesolelyresponsibleforprovidulgthestructures,worksand facilities, if any, necessary to utilize the District's water rights allotted herewtder for Applicant's beneficial use. 4. PAYMENT: Applicant shall pay annually for the water service described herein at a price to be fixed annually by the Board of Directors of the District for such service. Payment of the annual fee shall be made, in full, within fifteen (15) days after the date of a notice from the District that the payment is due. Said notice will advise the Applicant, among other things, of the water delivery year to which the payment shall apply and the price which is applicable to that year. If a payment is not made by the due date, a late fee of $50 (or such other amount as the Board may set from time to time) will be assessed and final written notice of the delinquent account and late fee assessment will be sent by the District to the Applicant at Applicant's address set forth below. If payment is not made within thirty (30) days after said final written notice, the District may, at its option, elect to terminate all of the Applicaztt's right, title, or utterest under this Contract, in which event the water right allotted hereunder maybe transferred, leased or otherwise disposed of by the District at the discretion of its Board of Directors. In the event water deliveries hereunder are made by or pursuant to agreement with some other person, corporation, quasi-muiucipal entity, or governmental entity, and in the event the Applicant fails to make payments as required hereunder, the District may, at its sole option and request, authorize said person or entity to curtail the Applicant's water service pursuant to this Contract, and in such event neither the District nor such persons or entity shall be liable for such curtailment. 5. APPROPRIATION OF FUNDS: The Applicant agrees that so long as this Contract is valid and hi force, Applicant will budget and appropriate from such sources of ~.1~09 A revenues as may be legally available to the Applicant the funds necessary to make the amrual payments in advance of water delivery pursuant to this Contract. The Applicant will hold harmless the District az1d azry person or entity involved in the delivery of water pursuant to this Contract, for discontinuance in service due to the failure of Applicant to maintain the payments herein required on a current basis. 6. BENEFIT OF CONTRACT: The water right allotted hereunder shall be beneficially used for the purposes and in the mazrner specified herein and this Contract is for the exclusive benefit of the Applicant and shall not inure to the benefit of any successor, assign, or lessee of said Applicant without the prior written approval of the Board of Directors of the District. Upon the sale of the real property to which this Contract pertains, Applicant has a duty to make the buyer aware of this Contract and the need to assign the Contract to the buyer. However, prior written approval of the Board of Directors of the District is required before the assignment is effective. Payment of an assignment fee in an amountdetermined by the Board shall be required as a prerequisite to approval of the assignment. In the event the water right allotted hererulder is to be used for the benefit of land which is now or will hereafter be subdivided or otherwise held or owned in separate ownership interest, the Applicant may assign the Applicant's rights hereunder only to a homeowners association, water district, water and sanitation districtor other special district, or other entity properly organized and existing under and by virtue of the laws of the State of Colorado, and then only if such association, entity or special district establishes to the satisfaction of the Basalt Water Conservancy District that it has the ability and authority to assure its performance of the Applicant's obligations under this Contract. In no event shall the owner of a portion, but less than all, of the Applicaztt's property to be served under this Contract have aziy rights hereunder, except as such rights may exist through a homeowners association or special district as above provided. Any assigrmlent of the Applicant's rights under this Contract shall be subject to and must comply with such requirements as the Dishict has adopted or may hereafter adopt regarduig assigtrtnent of Contract rights and the assumption of Contract obligations by assignees and successors, provided that suchrequirements shall mufornrly apply to allallot- teesreceiving District service. The restrictions on assigrmient as herein contained shall not preclude the District from holding the Applicant, or any successor to the Applicant, responsible for the performance of all or any part of the Applicant's covenants and agreements herein contained. 7. OTHER RULES: Applicant's rights under this Contract shalt be subject to the Water Service Plan as adopted by the District and amended from time to time; provided that such Water Service Plan shall apply uniformly tluoughout the District among water users receiving the same service from the District. Applicant shall also be bound by all applicable law, including, for example, the provisions of the Water Conservancy Act of the State of Colorado, the Rules and Regulations of the Board of Directors of the District, the plumbing advisory, water conservation, and staged curtailment regulations, if any, applicable within the County ht wluch the water allotted hereunder is to be used, together with all amendments of and supplements to any of the foregoing. S. CURTAILMENTOFUSE: Thewaterserviceprovidedhereunderisexpressly subject to the provisions of that certain Stipulation in Case No. S1CW253 on file in the Disti3ct Cotu't ht Water Division 5 of the State of Colorado, which Stipulation provides, in pu't, for the possible curtailment of out-of-house mtuucipal and domestic water demands upon the occurrence of certahl events and upon the District giving notice of such ctutaihnent, all as more fully set forth in said Stipulation. 9. OPERATION AND MAINTENANCE AGREEMENT: Applicant shall enter into an "Operation and Maintenance Agreement" with the District if and when the Board of Directors finds and determines that such an agreement is required by reason of additional or special services requested by the Applicant and provided by the District or by reason of the delivery or use of water by the Applicant for more than one of the classes of service which are defined in the Rules and Regulations of the Board of Directors of said District. Said agreement may contain, but not be limited to, provision for water delivery at times or by means not provided within the terms of standard allotment contracts of the District and additional amtualmonetary consideration for extension of District services and for additional administration, operation and maintenance costs, or for other costs to the District which may arise through services made available to the Applicant. 10. CHANGE OF USE: The District reserves the exclusive right to review and approve or disapprove any proposed chaztge in use of the water right allotted hereunder. Any use other than that set forth herein or any lease or sale of the water or water rights allotted hereunder without the prior written approval of the District shall be deemed to be a material breach of this Contract. 11. PRIOR RESOLUTION: The water service provided hereunder is expressly subject to that certain Resolution passed by the Board of Directors of the District on September 25,1979, and all amendments thereto, as the same exists upon the date of this application and allotinent Contract. 12. NO FEE TITLE: It is understood and agreed that nothing herein shall give the Applicant any equitable or legal fee title interest or ownership in or to any of the water or water rights of the District, but that Applicant is entitled to the right to use the water right allotted hereunder, subject to the limitations, obligations and conditions of this Contract. 13. COMPLIANCE WITH SECTION 404 OP THE CLEAN WATER ACT. Applicant shall comply with Section 404 of the Clean Water Act and consult with the Army Corps of Engineers to complete any Section 404 compliance that may be required as a result of the construction of any facilifies necessary to use contract water. 14. CONSERVATION PRACTICES: Applicant shall implement and use com- monlyaccepted conservation practices with respect to the water and water rights allotted hereunder and shall be bormd by any conservation plan hereafter adopted by the District, as the same may be amended from time to time. 15. WELL PERMIT: If Applicant intends to divert through a well, then Applicant must provide to District a copy of Applicant's valid well permit before the District is obligated to deliver any water hereunder, and it is the Applicant's continuous duty to maintain a valid well permit. Applicant shall also comply with all restrictions and limitations set forth in the well permit obtained from the Colorado Division of Water Resources. Applicant must comply with the well-spachig requirements set forth in C.R.S. §37-90-137, as amended, if applicable. Compliance with said statutory well-spacing criteria shall be an express condition of the extension of service hereunder, and the District shall in no way be liable for an Applicant's failure to comply. Applicant agrees to mark the well in a conspicuous place with the permit number. 16. MEASURING DEVICE OR METER: Applicant agrees to provide, at its own expense, a totalizing flow meter with remote readout to continuously and accurately measure at all times all water diverted pursuant to the terms of Applicant's water right and the terms of this Conhact. On or before November 15 of each year, will provide accurate readings from such device or meter (recorded on a monthly basis for the period November 1 through October 30 of each year) to District, the Division Engineer and Water Commissioner. Applicant acknowledges that failure to comply with this paragraph could result in legal action to terminate Applicant's diversion of water by the State of Colorado Division of Water Resources. BysigningthisContract,Applicantherebyspecificallyallows District, through its authorized agent, to enter upon Applicant's property during ordinary business hours for the purposes of determirung Applicant's actual use of water. 17. CONTRACT TERMINATION: A. Termination bXDistrict: 1. The District may terminate tlus Conhact for any violation or breach of the terms of this Conhact by Applicant. 2. The District may terminate this Contract if, in its discretion, any judicial or administrative proceedings initiated by Applicant threaten the District's authority to contract for delivery or use of the District's water rights, o..,a.,F~..~~.,,,.Gm.,.a_.,,,~,,,.,...,~,.o,.- 6 ~'.'~:i`~12 or threaten the District's permits, water rights, or other interests of the Dishict. B. Termination by Applicant: 1. Applicant may ternunate this Contract in its entirety for any reason by notifying the District in writing of the terminaflon on or before AprIl 1. Notice by said date will prevent the Applicant's liability for the next annual contract charge. 18. RECORDING OF MEMORANDUM: In lieu of recording this Water Allotment Contract, a Memorandum of Water Allohnent Contract will be recorded with the Pitkin County Clerk and Recorder's Office. The costs of recording the Memorandum shall be paid by Applicant. Applicant's Address: James Wingers P.O. Box 1530 Aspen, CO 81612 Telephone No.: (970) 925-1783 STATE OF COLORADO ) ss. COUNTY OF PITICIN ) Subscribed and sworn to before me this day of ~~J L , 200~~ by James Wingers, whe-personallq-apgeared-k~efere-rxe: ~j~~ihN.l~. ~Q p~~2-. ~iiis A~O~iN~~- ~i~ ~~ . WITNESS my hand and official seal. My commission expires: /a/~Z g ^ ~..._ ~ Notary ublic ~~~~~1~ EXHIBIT A A tract of land being a part of Lots 2 and 7, in Section 21, Township 9 South, Range 85 West of the Sixth Principal Meridian, described as follows: Beginning at a point on the North line of said Section 21, whence the Northeast Corner of said Section 21 bears North 89 degrees 50' East 1445.60 feet; thence South Ol degrees 51' East 385.00 feet the TRUE POINT OF BEGINNING; thence North 82 degrees 23' West 394.8b feet to the Centerline of the Roaring Fork River; thence South 05 degrees 00' West 106,16 feet along the Centerline of the Roaring Fork River; thence South 31 degrees 00' East 190.00 feet along the Centerline of the Roaring Fork River; thence South 46 degrees 30' East 180.00 feet along the Centerline of the Roaring Fork River; thence South 68 degrees 25' East 199.76 feet along the Centerline of the Roaring Fork River; thence North Ol degrees 51' West 415.00 feet to the Point of Begiruning. County of Pitkin, State of Colorado. ~~~;~~~~ U N yOyy U~ Z W >6 ~ K ~ " W ~ O~~ U N ~ ~ ... W F ;3 ~ ~ _ ~~ Z~~~W~~~ ZZZ ~ ~ ~ %~ i~r~~ ~ c 3c c~c~c~ N ~ O O O O O M N 1~ I^D X 0 0 N C H ~ O O O O ~ ~ ~ O O 0 0 . ~ .^ g qq O O O 25 0250$0 °o~S ~o SS O S . •Z 000000000000 0 J c ° $~ QQ QQ gg 250 252So°o°o°o °o oSS S ~ ~ 0 0 0 0 0 0 0 0 0 0 0 0 c , c w€& u~ y 5~ $$$a~ry~a5~~250 ~ ~ v~~E 0oo0c~.=oc0oo d v° - ~ QQ QQ 55~~ 55~~ 55~~ ~ ~ $2525SS~SoS25oo S `o 00000o0o0c00 0 ~ o$ o 0 0 0 0 o a o 0 o ` ` ao t 0 0 0 0 0 0 0 0 0 0 0 0 c t O- 0 0 0 0 0 0 0 0 0 0 0 0 0 Wp ~y pfppp $ tOpD ~ (S O ooo = 0 0 M h~D W a D O ~ 0 0 = = r ~ 0 00 0~. . 0 00 O V~1 op Cp p S S S S O O O O S S S O O O O O 0 0 0 0 0 0 0 0 0 0 0 0 G J c ~$~ s~~~oo~oso°s °s °s ~~_ . . 000000o0oooa . o a 01 ~? 8 ty~~ I~ p 8 0 0 m N~ ~~ (p `` 0 0 (O 0 0 O ~ ~•t 0000~~.-ooo0c `c ~°- ~Ep ggSQ~QQ S25 S 250$0 ~° °O ° o, o O o € o 0 0 0 0 0 0 C O C 0 0 G O ~ f ~ Yy1 ~ y~ = ~p a y } t^O l00 t~0 ~D N (O t^O t~0 b b f0 tn0 a CD E 0 0 0 0 0 0 0 0 0 0 0 GGG 1~ a D G O O O O O O G G G O O G ~ g~ A ~ r 2^ E ' m m EE ~ O ~LL ` ~~ O ~ ~ Q4J Z ~Q G $n I$g 0 E m m r ~v ~v ~ s 't . ="~ ~ ~ gg w o ~ _ w ~ ,. e w m4 ~ o ,~ ~~ 't 3 'E •~ o ~ $ ~ E g ~ ~ $ c ~ ~ ae a4 ae w m S g !ryy ry ~ U C E m ' ' ~ ~ o G _ °~ 9 Z ffi ~ v ~ E ~ ~ 8 .~ y J O O a ~ 0 o v Exhibit B ORDER GRANTING APPLICATION FOR ALLOTMENT CONTRACT JAMES WINGERS CONTRACT N0.475 Application having been made by or on behalf of James Wingers and hearatg on said Applicatial having been duly held, it is hereby ordered that said Application be granted and that the attached Water Allotment Contract for 0.033 cubic feet of water per second from the District's direct flow rights and 5.3 acre feet per year of storage/augmentation water owned or controlled by the District is hereby approved and executed by and on behalf of the Basalt Water Conservancy District, for the beneficial use of the water allotted in the attached Conhact, upon the terms, conditions and manner of payment as thereat specified and subject to the following specific conditions: 1. The Applicant has acknowledged that the land to be benefitted by the attached Contractis described on Exhibit A attached hereto and incorporated herein by tlus reference. 2. In the event of the division of the property served by this Contract into two or more parcels owned by different persons, the Applicant shall establish a Homeowners Association or other entity acceptable to the District for the ongoing payment of charges due under the approved Conhact followaig subdivision of the property. The Applicant shall give notice to purchasers of all or any part of the subject property of the obligation of this Contract, and shall record such notice in the records of the Clerk and Recorder of Pitkin County, Colorado. Applicant and lus successors and assigns shall comply with all rules and regulations now existing or hereafter adopted by the District, including to enforce payment of charges due under the approved Contractby present and future owners of all or any part of the real property served under this Contract. 3. Any allotrnent of less than 1.0 acre foot of storage water in Paragraph i of the attached Contract shall be deemed 1.0 acre foot for purposes of establishing the animal water service charge for such water allotment. 4. Applicant has represented to the Dishict that the proposed use of the land to be benefitted by the water allotted heremider has been approved by the applicable governmental authorities havarg jurisdiction over such land use and by executing the attached water allotment contract warrazlts to the Dishict that the lot or parcel to be benefitted hereunder is legally subdivided. 5. Any well permits issued on the basis of this Allotment Contract shall be applied for and issued in the name of the Applicant. O~~YavlclYUf1R\'R~e'eim.l.ca~1:.•!bala:l. un~IJ lly M1n -1 ?~tj~lE, 6. By acceptance of this Contract, Applicant acknowledges that within two years of the date hereof or such later date as the Dishict may approve, the Applicant shall file with the Water Court of Water Division No, 5 a water rights plan of augmentation for utilization of water allotted hereunder at the location and for the purposes hereinabove set forth, or the Applicant's water allotment as provided ii this Contract may be included in a water rights plan of augmentation to be filed by the District with the expenses thereof to be shared prorata by the Contract holders included in such plan; provided that iulusion of the Applicant's water allotment in the District's plan of augmentation shall be at the District's sole discretion. In the event the District includes the Applicant's water allotment in the Dishrict's Application for a plan of augmentahon, the Applicant acla~owledges that execution of the subject contract constitutes waiver of any notice of the application for the plan for augmentation by the Water Referee or the Water Clerk under C.R.S. § 37-92-302(3)(c)(I). Applicant will provide such information and assistance, including testimony, as may be needed for judicial approval of the plan. The Dishict makes no warranty that it will secure approval of the plan. The District may establish an augmentation plan fee to be paid by the holder of any Conhact or amended Contract to be included withal a plot of augmentation to be filed by the District, which fee shall be payable in advance of the inclusion of such Contract in a District plan of augmentation and in no event later than 30 days following the District's statement(s) to the Applicant, and may be based on the District's good faith esthnate of the anticipated expense of such plan of augmentation. If such augmentation plan fee paid by a Contract holder exceeds the Contract holder's prorata portion of the actual expenses incurred by the District in completing said plan of augmentation, the District shall refund such excess to the Contract holder. Conversely, if such augmentation plan fee paid by the Contract holder does not cover the Contract holder's prorata portion of the actual expenses incurred by the District in completing said plan of augmentation, then Applicant shall pay the remaining balance of its portion of the actual expenses upon the District's providing the holder with a statement for the same. To the extent that the District is caused additional costs because of objections filed specifically due to the inclusion of Applicant's Contract in the filing, such additional costs may be charged specifically to Applicant and not shared on a prorata basis by all Contractees. 7. Any and all conditions imposed upon the release and diversion of water allotted hereunder in any water rights plan of augmentation or other water rights decree of the Water Court for Water Division No. 5 shall be incorporated hereit as a condition of approval of this contract. Granting of this allotment contract does not constitute the Dishict's representation that the Applicant will receive a well permit or water rights decree for the land to be benefitted hereby. ~J'~ 17 8. If Applicant intends to divert water through a well or wells, Applicant shall provide the Dishict a copy of Applicant's valid well permit for each such well before the DistrictisobligatedtodeliverwaterforthebenefitofApplicanthereunder. Applicantmust comply with the well-spacing requirements set forth in C.R.S. §37-90-137, as amended, if applicable. Compliance with said statutory well-spacing criteria shall be an express condition of the extension of service hereunder, and the District shall in no way be liable for an Applicant's failure to comply. Approved this 11th day of October, 2005. BASALT WATER CONSERVANCY DISTRICT Attest: ..----- Barbara Mick, Secretary Jo n K. Cerise, President .~s.,.e..~o<~E.m.vm.~~e-r.,,~....,,.....,o~~~~ -3- County of Pitkin } AFFIDAVIT OF NOTICE & } ss. MAILING PURSUANT TO State of Colorado } PITHIN COUNTY LAND USE CODE SECTION 2-20-100 I, Thomas Fenton Smith, 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 2-20-100 of the Pitkin County Land Use Regulations in the following manner: 1 By mailing a notice, a copy of which is attached hereto, by certified, postage prepaid U.S. Mail at least 2 weeks prior to the public comment deadline to all owners of property adjacent to the subject property, as indicated on the attached list, on May 29, 2009 (which is 15 days prior to the deadline of , 2009). 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 comment. 2. By posting a sign in a conspicuous place on the subject property (as it could be seen from the nearest public way) on the 9th of June, 2009, which is at least fifteen (15) day prior to the public comment deadline. A photograph of the posted sign is attached hereto. Anthony J. Grant and Kathryn J. Grant Applicant's name (Attach photograph here) See attached NATALIE GOLDEN !Jy Canrmsaian E~pira OBRSIP011 S' Si a e: s nton Smith Signed before me this (~ day of 3 U rlt ), 2009 by Thow-as Fenton SMi~h WITNESS MY HAND AND OFFICIAL SEAL My commission expires: ~2s-_~_201 ~ N~,~-~I~c c~o~at~ Notary Pub is Notary Public's signature U-t z Z -_, t.: ?-~ - ~, ~'~ r~~tE 3 l t tl'~ .1eE ~i l'~.• - ~--~) fg-. Nom; ~~: - r 'j ~1 .p ^~ ~ ` \ w tr `~ aq. 5 ! ! ' 4 .~ ~ gp n~ t 7 ,~ ~ 1GV ` I aka ~ ~: ..+ J~ - V. j ~' '4`iF ~ ~ 1 ~~ PITHIN COUNTY COMMUNITY DEVELOPMENT DEPARTMENT 130 South Galena Street Aspen, Colorado 81611 (970) 920-5526 FAX# (970) 920-5439 May 21, 2009 Fred Peirce 600 East Hopkins Ave, Suite #205 Aspen, CO 81611 fpeirce@aps-pacom Re: Grant Activity Envelope and Site Plan (PID#2643-211-00-003; Case# P047-09) Deaz Mr. Peirce: The Planning Office has completed its preliminary review of the captioned application. We have determined that this application is complete. After a more detailed review of the submittal information, additional information specific to the application may be requested in order to adequately review and process the application. The planner in chazge of the review will request the information from you directly. Please note that it is your responsibility to mail notice by certified U.S. Mail to all adjacent property owners with the return address of the Community Development Department (copy of notice will be mailed to you by the Community Development Department) by (15 days out) June 7, 2009. 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 mailing. Please submit the enclosed Affidavit of Notice by Mailing and a photograph of the posted sign as proof of compliance with the Code. A property owner receiving the public notice shall provide comments or objections to the Community Development by (30 days out) 7~' day of July, 2009. If any objections to the development application are received by this date, the Community Development Department shall continue the application to a public hearing before the Board of County Commissioners. 2 . By posting a sign in a conspicuous place on the subject property (as it could be seen from the nearest public way) on the 22"d day of June, 2009, which is at least fifteen (15) days prior to the (30 day out) July 7, 2009. This must be submitted prior to any approvals being granted. If you have questions, please call Mike Kraemer, the planner assigned to your case, at 920-5482. Sincerely, Bonnie Waechtler Administrative Assistant PITKIN COUNTY COMMUNITY DEVELOPMENT DEPARTMENT 130 South Galena Street Aspen, Colorado 81611 (970) 920-5526 FAX# (970) 920-5439 MEMORANDUM To: Woody Creek Caucus Colorado Division of Wildlife Pitkin County Engineer FROM: Mike Kraemer, Community Development Department Re: Grant Activity Envelope and Site Plan (PID 2643-211-00-003; Case P047-09) DATE: May 21, 2009 Attached for your review and comments are materials for an application submitted by Anthony J and Kathryn J Grant. The Pitkin County Community Development Director will review the application. Please return your comments to me by Tuesday, July 7, 2009. PLEASE RETURN APPLICATION MATERIALS TO COMMUNITY DEVELOPMENT IF YOU HAVE NO FURTHER NEED OF THEM. ON OCTOBER 1sT, 2009 PITKIN COUNTY INTENDS TO GO PAPERLESS WITH ALL FUTURE LAND USE REFERRALS. WE WILL BE SENDING OUT LETTERS TO OBTAIN UP TO DATE CONTACT INFORMATION. PLEASE CHECK OUT THE LINK BELOW FOR THIS LAND USE CASE REFERRAL. http•//www aspenpitkin com/pdfs/depts/7/P047 09 app pdf If you require a paper copy of this application contact Bonnie Waechtler at bonnie.waechternco.pitkin.co.us or 920-5109. Thank you. STATE OF COLORADO ~.~/ ,~/ ~ 1 7r r ~~ ~ \~ Bill Ritter, Jr., Governor DEPARTMENT OF NATURAL RESOURCES DIVISION OF WILDLIFE AN EQUAL OPPORTUNITY EMPLOYER Thomas E. Remington, Director 6060 Broadway Denver, Colorado 80216 Telephone: (303)297-1192 wildlife. state. co. us June 7.2009 Pitkin County Community Development 130 S. Galena Aspen, CO 81601 RE: Grant Activity Envelope Dear Mike: For Wildlafe- Far People The proposed construction of a pump station and underground pipeline, which will be mostly contained within an existing driveway, should not have any significant impacts to wildlife. BMP will be utilized to minimize erosion and all construction activity will be outside of the river. The application did not address water rights and the amount of water depletion from river aquifer. The applicant should consider depletion values during low river flows and any impacts it may have to the riverine and aquatic system. Thank you for the opportunity to comment. If you have any questions, please contact DWM Kevin Wright. Sincerely, L%~'" Perry Will Area life Manager Cc: R. Velazde, K. Wright, file DEPARTMENT OF NATURAL RESOURCES, Hams D. Sherman, Executive Director WILDLIFE COMMISSION, Brad Coors, Chair. Tim Glenn, Vice Chair. Dennis Buechler, Secretary Members, Jeffrey Crawford • Dorothea Farris • Roy McAnally • John Singletary • Mark Smith • RobeR Streeter Ex Officio Members, Hams Sherman and John SWIp PITKIN COUNTY COMMUNITY DEVELOPMENT DEPARTMENT 130 South Galena Street Aspen, Colorado 81611 (970) 920-5526 FAX# (970) 920-5439 MEMORANDUM To: Mike Kraemer FROM: Catherine Berg, Planning Engineer Re: Grant Activity Envelope and Site Plan DATE: June 12, 2009 After reviewing the application I propose the following conditions: - The applicant shall apply for and obtain an Earthmoving Permit for any work that disturbs more than 50 cy of soil. The application shall include documentation of adequate water rights. - A Floodplain Permit will be required for any work within the floodplain. The applicant shall clearly delineate the limits of the 100-yr floodplain on a site plan in order to be exempt from a Floodplain Permit. - The applicant will be required to apply for and obtain a Right Of Way Permit for any work within the Pitkin County ROW. - A detailed revegetation plan will be required. Plan shall be reviewed and approved by Pitkin County Community Development. The plan shall include a tree mitigation plan for the removal of all trees six inches or lazger diameter at breast height. It shall also address, specifically, how steep slopes will be revegetated adequately. Financial security for the revegetation of steep slopes may be required. - The applicant shall submit a detailed Construction Management Plan that addresses all phases of construction. - A detailed drainage and erosion control plan shall be submitted. If the development disturbs one (1) acre or more a State Stormwater Permit shall be applied for and obtained. All historical drainage patterns shall be maintained. ~Gov9 ~/tl~ ~~-,2~1 eT- C:\Documents and Settings\michaelk\Local Settings\Temporary Internet Files\Content.0utlook\6D4Z6IIAE\Grant 6 12 09.doc ~A ~ 1 07 09 10:35a Janet K. Schoeberlein 970-922-7295 p.l ~ ~~ ~~3 ~ - ~~~~% ~`~/~}~~(-t~ ~,~ T- ~- Woody Creek Caucus District Planning Commission P. O. Box 297 Woody Creek, Colorado SIGSG July 7, 2009 Pitkin County Community Development Department 130 S. Galena Street Aspen, Colo. 8161 ] Attn; Mike Kraemer Re: Tony Grant Activity Envelope and Site Plan The Woody Creek Caucus District Planning Commission has considered this application and we have the following comments. There is a reference on the enclosed map to Lower River Road, whereas this application obviously refers to Upper River Road: We oppose this project because it is not sufficiently important to justify the extreme disturbance of the 45 percent slope and the construction of the pumping station in such close proximity to the river. We oppose development within the 100 foot setback from the river, and we consider it impossible to restore vegetation on such a steep slope. Sine ~ j , ~ ~~/ t K. Schoeberlein r The Woody Creek Caucus District Planning Commission Ot Name: Project Address Type: Permit Number PITKIN ~UNTY COMMUNITY DEVEL(~VIENT Permit Receipt RECEIPT NUMBER 00027675 Anthony Grant Date:5/13/2009 8895 UPPER RIVER RD check # 8698 0047.2009. PLAN 0047.2009.PLAN 0047.2009. P LAN 0047.2009. P LAN Fee Description PP- Flat Fee PP- Clerk Tech Fee PP- Public Notice Fee PP- Planning Eng Referral Fee Total: Amount 2,994.00 25.00 54.00 499.00 3,572.00 C~ ~~ ~6 "3 .e~ ;e C~ 0, 0 °", I - ypica Pitkin County Road ut Section 14• Over'Inp Ne" _slsting 2. Pnv neat Pnvenent thkkness I j t.Yi+n~".~z:i'i I ( _ ur- 1 ntrirq I A w Emu,Y Saul ~ee« I : ne. ,v Notev L E,lzting pnvenent shall be full tleptF sae out. Sne cu;SMg iNpLL be COnpl¢i¢d 4iter bock fLt nntl coppn[GOn nM P'10 [o se nv rg ~. qny ppvenenS annn8e d auring ntlm zhNl be repn ~etl prlOr to final pnVenpnt wOCenlYtt 3 qll nterlnls hull be mnpnctetl t0 n Norun of 95Y. 1 4(I npteriWS sbntl empty ",[h the l¢tesS edli~m of Calp^wb Hepor'Sneni of Tronsportntkn S<nntlnrd SperJfknt'ons fur ROntl nntl Hrklge Cmsiructlort N T S oM mo.ee unn qM CnM TIJMI4l1 Dov."~ LEGEND Propsed Activity Envelope ~ 700-Year Floodplain '~ Boundary (FEMA ~~ '~ Proposed 2" HDPE Pipeline r"1 Roaring Fork River Slope Greater than 455: )`../] WRIGHT W,AT~R ENGWEERS, 'NC. _ 818 COLORADO AVE. P.O. BOX 219 a GLEN WOOD SPRINGS, CO 81602 ~ (970)945-7755 FAX(970)945-9210 -_-'(J j-~l ' j-~1 Parcel '- 3oundary 2'23'00"1y 394.86' Pound Aluminum CppO Pl. S. NEo ¶20632-, NJ4'48'S1"E ~ 1495.11' ' Apa:p,im:.:e End of supply line. Edge pr ) - Plumb into existing . ovemem 1 sprinkler system -~/ Deed Pipeline - , I ReE do FEMA 100-yr Flppdplan 8ountlary Sps P ,`JO~. OQ`tn A \ A^ ~Z \Ph~~d lob 0~T F Proposed PDmp Station Pme'trees with on dverag 0 c o 0 I reef ~ Bocnda:y ~ Gap r t e ^ro0 c (`\ hone [ mt GENERAL MOTEII 11 BASE NAP WAE PREPARED ry GAMBA AND ASSOCUITE3~ RiC. INCWDINO THE PROPERTY LINE. COMTOURB, ROAW, EA$ENEMTE AND RESIDENCE Y) ENWRONYENTAL NA2ARp AREAS EXIST THAT WGM AFFECT THE PROPERTY, ANY IMPROVEMFMTS AND OCCUPANCY THEREOF. 01 CONTRACTOR IAIIST ADHERE TO ALL PWKIN CWNTY RULES AND REDUUnoxa. WATER SUPPLY PIPELDIE NOTES 1) PURPOSE OP PROJECT N TO PUMP ROARWG FORK RIVER HATER TO AN EXIETNO SPRINIWNO SYSTEM THAT IRRIGATES APPROXIMATELY 9,000 SQUARE FEET OF LANII, WRDEN AND ORNAMENTAL PLIWt9. 2I MATER SUPPLY PIPEUMP 380 FEET LONIi, WILL BE A Y INCH NIGH DEN91T1' POLYET/IYIFNE [HOPE). THE PIPE ALONG W WN THE ELECTRK: POWER CABLES AND CONTROL WIRE WILL IX SITYJ.OW BURIED AT LEAST OME FOOT DEEP. TOTAL EXCAVATION IE EXPECTED TO RE LESS THAN 50 CUBIC YAR09. 91 THE OWER910N 8TINCTURE waL aE CONSTRUCTED OUTSIDE DF THE 1Dp-YEAR FEMA FLOODPWN pND WILL CONSIST OF THREE ~6' REINFORCED CONCRETE MPEE SET VERTICALLY 1N THE 4LLUWUN OF THE ROARING FORK RIPER q 9UBNlREIBL! PYYP WILL RE INSTALLED WRN • p1'(LES9 ADARER • LOCIOED CAP WILL DE SET ON THE TOP PIPE ' 6I THE 100YEAR FENA FLOOOPWN ELEYATON AT THE PROPOSED PUMP STATION 19 TS30 FEET A9 DEFINED ST FEMA FL000 INSURANCE MTE NwP (FIRM( 08007600806 PANEL 69 OF }YS, 51 THE PIPELINE WILL BE IAYED AT THE FOLLOWING APPROXIMATE GRADES BEGINING AT THE OnIEI1SIOM PmNT. AO' ®< ux l,. P ® > ~ . (IDWER RRn:R ROAD CROSSING) 19p' ® > 10X (LOWER DRIVEWAY) I 90' O < OX (UPPER ORnIEWAY) LEGAL PARCEL DESCWPTION • TRACi OF LI WO HEINO A pART OF LOTS S AND T, IN SECTION Y1, TOWNSHIP 9 SOUi1L RANGE RE WE$T OF THE 91xrr1 PRINCIPAL MERIDIAN, MORE PARTICULARLY DEBCRIBEO AS FOLLOWS BEGINNING AT A POINT ON THE NORTH YNE OF 9810 EER10N Y1, WHENCE THE NORTH EAST CORNER OF 541D 9ECr1pN Yt BEARS M80'S0'00-E FOR A DISTANCE OF 1AgS.80 FEETI TMENC! E01'S19PE FOR A DISTANCE OF ]85.00 FEET TO THE TRUE POINT OF BEGMNDIGI THENCE N6YYTO09Y FOR A DISTANCE OF 341.58 FEET TO A POINT ON THE CENTERLNE OP THE ROARNiO FORT[ RIYERI THENCE THE FOLLOWING FOUR COUReF9 ALONG EIUD RIVER CENTERLINE 1. SOS'00'00'W FOR A DISTANCE OF 10916 FEET; 2 931.00'00'5 FOR A DISTANCE OF 190.00 FEETI 3 806"90'00'5 FOR A DISTANCE OF 180.00 FEETI A 368'06'1Y'E FOR A DISTANCE OF YOOJIS FEETI THENCE LEAWMG SAID RIVER CENTERLINE N01"51'00'W FORADISTANCE OF N0.00 FEET TO THE POINT OF BEGRIMING CONTAINING Y.92 ACRES MORE OR LESS. ~ ~ ~ St g L 'nCh MP ~-Vert y ~~ fy~ \ \\\~ V -dce of Crivewcy ~ of .- Boaa \\\ _ ~. ~_ s / nI Colton wood :Tees with o IV - ge unk tlbmeter of LS' (n t o be d~s;Orbeaj 3 r-i FEMA 100 yT Foodplain Elevation b®~. J334' xae ~' - w' ECEP .i E3. 0' 3 V i 00' ~_ K. C v /.e " L ~ P. "au DIw~rCLA1ME~n....K m ~ ~~.~ WAIVER qv. COMMUNITY DEVELOPMENT APPROVAL m....aa~.'-~ .~e..rrv~v. ~a m U n ~u_~ rhK - a'eeauY3 :v~ p" .~~ a,5aen ct ACCEPTANCE FOR RECORDING "` _ ~ iy Sf4L "1\.. `r ~dZw:B P/Gn GRANT ACTIVITY ENVELOPE 8c SITE PLAN 8895 Upper River Road, Pitkin Co- ~~ VICINITY MAP s~,e i' _ zbao' LARGE PLAT(S) AVAILABLE TO VIEW AT COMMUNITY DEVELOPMENT AVAILABLE TO BUY AT CLERK & RECORDER