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HomeMy WebLinkAboutpitkin.planning.273717308002. r.: >u. ~ ,~ . h.:. THIS FILE MAY O] LISTE] Summary Sheet Resolution for the BOCC and/or P&Z Ordinance for the BOCC and/or P&Z Determination for the Hearing Officer Administrative Determination Staff Memo Application Public Notice, Acceptance Letter, Referral(s) Letter Site Plan Miscellaneous Plat copies (11x17) ~.~: ... ~ W. .~~. u , . : ~_:;.~ ~ .u ~ , { ... ~~ss*~~~,~ ~~ ~~~,. r...., .. w ~ ~ # .,. w , ..~.. CA OAD DATE RECEIVED: t/4/96 DATE COMPLETE: PARCEL ID # 2737-173-00-009 . ~.. ~ >, ,. . ,:: .a. _i d < ~. i SHEET PTTKI""`"~``OUNTY ' ..:~, CASE # P'DI`=96.,' ' ; STAFF: d .Francis Krizmanict PROJECTNAME: Resnick Extension of Vested Rights Project Address: APPLICANT: Roll International Corp. Address/Phone: 12233 W. Olympic Blud: Ste. 380 Los Angeles, CA 90064' REPRESENTATIVE: David Myler - Nlyler, Stoller & Schwartz ' Address/Phone; '" 106 S. Mill St, Ste. 202 Aspen, CO 81611` 920-1018 ` FEES: ENGINEER s 150 HOUSING $0 ENV HEALTH $65 OLERK $105 TOTAL S 1370 TYPE OF APPLICATION: ` ,;, _ .. One Step P&Z . _. ~ . w. ~ ...: .:._..., ^Yes_^No BOCC J- ~-~; ®'f es No BOCC (2nd readin) Yes No Hearin Officer ^Yes No Attorney Engineer ^ Sheriff ^ Land ManageYnenf ^ Risk Manager' ^ Airport Manager ^ F~l odplain Administrator [.r~'bpen Space Board DATE REFERRED: ^ CO State Forest Service ^ Aspen Fire CO Division of Wildlife [7`Basalt Fire ^ CO Geological Survey ^ Carbondale Fire ^ CO Div of Water Resources, ^ Aspen Water ` ' . ,~u~., , ., ...,,. ,. . 0 ~S Forest Service Aspen . ~. b Aspen P&Z ^ li S Forest Service - Sopris ~ Clean lair Board [~ ACS~D . ` BL1VI. Rocky 1Vltti Natural Gas ^ Caucus: ~ Holy Cross lrlectric ' owners' Association School`b'istrict ^ Otfier: ~ Other: INTTIALS ~ DATE DUE: c2 l Staff/Hearing Officer Approval Date: Plat/Ste Plan Recorded Book ~ '_' _Paoe. , ~ . ,_~,.. , ,:. ._. 0 ~ 391998 04/~3/96,12.~+ PG 1 OF 12 ~ ~~~ REC DOC UC ~` S'ILV$A DAVID "' ~ 'P1~IN' COUNTY Cf~~i~~ & 'ftl~'Q~FD w "' ~; ~D0 C r ..~ RESOLUTION OF COUNTY, COY Resolution No. 96- 7 / RECITALS ,.rP ~... Count hoard of Coun ~Comirtissionerse h ree~`Applicant"} has applied fo the Pitkir y n' ( er "Boar~t°) "to consider an extension of vested real property rights pursuant to Section 4-14030 of the "T.and`Use~Code. ~ ~' 2. The applicant was granted Gene;al Submission, 1041 Hazazd Review, and GMQS Exemption approval by Resolution i~To:`92-4'f5. `"" R ' ~` µ "~ `~`~ 3. The subject property located on the south side of Highway 82, between the Aspen City limits and the Preserve Subdivision more fully described as Parcel 2 of`the B`etiedict Stillwater Ranch. 4. The Board considered the request at a regularly scheduled meeting of February 28, 1996, at which time evidence and testimony was presented with respect to this application. 5. The Boazd determined that the proposed development meets the criteria established in Section 4-140.3 of tfie Land Use ode, and, therefore fotind the extension to be appropriate. NOW, THEREFOT2E BE IT"12 ~''~,OL~~ED by the Pttkin County Board of County Commissioners that it does hereby grant an extension to the vesting penod for the thelfo lowintr condCtions of an royal and the conditions of approval to compliance with.. g pp as noted in Resolu[iot No. 92-419 (attached as exhibit ~A"~, except as amended"below. 1. The applicant shallcomply with the following landscaping and wildfire defensible space mitigation standazds: A. Brush, debris, and non-omamental,.the structure, removed within a minimum 10 foot perimeter around a etation shall be B. Vegetation shall be reduced to break up the vertical and horizontal continuity of the fuels a rninimuiri^of 80 feet on the downhill side of the residence and up to SO feet on the sides and the upslop'e side of the residence. C. Spacing between clumps of brush and,vegetation within the perimeter noted above shall be a minimum of two times the height of the fuel: _ .... •• +. ~O iu-r/ C.i/ 7b li :..51f- 1-97 ~ DF 1~ ', ~ -~ Resolution No. 96-7y ? ' ,, i. Page 2' '~ ,, .. ~ ~ ' Maximum diameter of the clumps shall not exceed 10 feet. All measurements shall he'from the edges of the crowns of the fuel. D. All branches from trees and brusfi within the perimeter noted above shall be pruned to a height of 10 feet above the ground ladder fuels`from around trees and brush shall be removed: ' ` E. Tree crown sepazatton within the perimeter noted above shall have a minimum of 1Q"feet between the edges of the crowns. branches within 15 feet of the chimne shall be remo a trimmed and all G. The dens ty of fuels within a 100 foot perimeter of ~ved. e structure shall be reduced. H., All`deadfalI within the l00 foot perimeter shall be removed. I. The a licapt shall ge res ~onsq le for the continued ~ ~ w ]?p p maintenance of the defensible s ace ve elation re uirements. Z tandazdlseant shall comply with the following additional wildfire mitigation A. Roof construction shall be Class A, non-combustible{material with rio flat roofs; B. Vents shall be screened with corrosive resistant wire mesh with mesh 1/4 inch maximum. - ' C Roofs and gutters shallbe kept clear of debris. '' D. Yards shall be kept cleaz of all Infer, slash, and flammable debris. E. All flammable materials shall tie stoied~on a pazallel contour a mintmum of 15 feet away from any structure. b .. .. M1 ,.. p ... _ ,._, F. Weeds and gasses within the ~10 foot erimeter shall be maintained to a height not more than 6 inches. G. Firewood/wood piles shall be stacked on a parallel contour a minimum of 15 feet away from the structure. H. Swimming pools shall be accessible for fire department vehicles. I. Fences shall be kept clear of brush'and debris. u, .. . . ,, J. Wood fences shall not connect to the structure. K• sAanydoazu~u~di ruc o~ ddtional structures shall adhere,to the same L. Fuel tank shall be installed underground with an approved container. M. Propane tanks shall be installed according to~N)~PA 4$ standazds and on contour away from the structure with standard defensible space vegetation m>h anon around an above g y groun d tank. Any wood enclosure around the tank shall be constructed with rnatenals approved for 2 hour fire- resistive construction on the exterigr side of the walls. N. Each structure shall have a nummum of one 10 pound approved ABC fue Su p _~,: s.~, extin > her laced in a vi`st~Ie and accessible location. O. Addresses shall be cleazly marked wtth 2 inch non combustible letters and a.,.~_ .~w.u.. shall be visible and insfaTle"n on anon-combustible Host. J7177tl YJ4/~~}i/'j (7 t~:,jl~ ~t~ .j ^~ t~ ,. r. ;..;. .. . , xeso~ubo - No. ~. 7y -;; ~~ Page 3 P. Utility linesshadbe buried. Q. A residentiak sprinkler system shall be installed. 3. Dogs shall be prohibited on the property due to proximity to critical wildlife habitat. 4. All fences shall comply with Colorado Division of Wildlife'standards: A. Mesh or wooden,fences are prohibited. B, Fences aze limited to a maximum of four (4) strands of wire or three (3) '' rails. No fences shall exceed forty-two (42) inches in height. Y P ~ p p y shall be required to conform to all other prow ~ion5 of the Pitkin County Land Use Code in~effect~a't'tfie time of"this approval, except as otherwise modified in the other conditions outlined in this resolution. PP 6 Reclamation Agreement approved by the1Countyton Maye18it as outlined in the 1994. 7. The applicant shall receive approval of a fireplace/woodstove permit by the Environmental Health De artment before, a building permit can be issued. 8. The applicant shall adhere to all material representations made in public hearings and in the application. APPROVED AND ADOPTED ON TFIIL ~~TI#`DAY OF~$~`12~~I~~'; l h~96: "'~ "~;. "", . ,'.' ` . ~. ~ ,:. BOARD O)~ COUNTY"CDIVI~SSTONE12S, : , „ PTTK1N COUNTI', COY`.dRADO BY / ~......Q.._ ~~h...o._--- . James R. True, Chairman ATE 3~s'-y G Recorder AP~~gPRO__VEb~AS TO CONTENT: NYC L~1Gl,(i t.~ Cindy Hotiben, Community Development Director APPROVED A5"TO~`ORM: '. _' --- _ . John ~ unty Attorney ;_ 1 / s3- /.'aBL~vi 5, /s 17 C"' new ~1.° +~r b1' 700 FC „s•W s, r,t4:7n Cnty Clei ` Dqc 2.Ot? FIRST AMEND1~IBh'T T~ ~'ASEM)r1~'T AGIt~E1trTE7\'~T` ~ "" ' 1' w 184 This Agreement is entered into this z+Sr day of December 1992 by and between Fredric .A. Benedict and Fabenne Benedict (hereinafter collectively refereed to as "the Benedicts"j and ShadowWood 'Corporation, a Colorado corporation (hereinafter referred to as ShadowWood"). RECITALS Shimer entered intohan Ease ent Agreem9e t provBidnngiaccesstocertain real p operty, the lotte description of which is attached hereto as Exhibit A (hereinafter eferred to as the Shimer Land°') B. Such Easement Agreement was recorded in Book 273 a[ Page 222. C. ShadowWood Corporation is the current owner of the Shimer Land. D. ShadowWood, and the Benedicts now desire to amend the Easement Agreement to clarify the extent of permitted use. of such access easement. AGREEMEI\'T NOW THEREFORE; in consideration of the mutual covenants contained herein, and for other good, and valuable consideration the receipt of which is hereby acknowledged, the parties hereby agree as follows: 1. Paragraph 2 of the Easement Agreement is hereby amended by deleting such paragraph iii its entirety and substituting the following in lieu thereof. ' The easement right herein granted is limited by, and'restrcted to, the present use requirements as measured by the improveriients currently exisEing'on the Shimer L2^.d. The :mrr~~rnmeniS raferreyi t^ COn C:St ^f a fni~rtupr~ ..!n:t m~[l ti_fgm:ly building, one multi family dwelling containing up to six studio units and one multi-family dwelling containing cone-bedroom, one-bath unit and two studio units. Th„ easement and n ht of access herein granted may b b ShadowW_ nod and its successors and assions tenants, ane used and enjoyed y d o`tfier guests and invitees. ShadowWoodAshah be ertitledlto~reconfigure the improvements within the existing buildings (and if appropriate enclose portions of certain existing decks). 2. In all other respects the terms and conditions of such Easement Agreement are :hereby confizmed and ratified. (Signature Lines on the Following Page) .u;.. ..f, ..r..,,,,,. ~ r ~~:. ~ ,,.,,.,, ~ r,...,,.~.~ . i / a : Cr~ nP- $ 5 c ~;` 700 P~ M;, -i;vi~ Da~~= F.tl ~.n Cn+y C3er4., } ° 165 JC 2, li, THE BENEDICTS ' Fredric A. Benedict Fabienne Benedict By: President BY: Jv neJ :Susan Thomas, STATE OF COLORADO ) ss. COUNTY OF PITKIN ) The foregoing instrument was acknowledged before me this.7~''day of December 1992, by Fredric A. Benedict and Fabienne Benedict. ~b"L'I?IrTESS my hand and official seal. ,.... a. f4iy.rommission expires: ±~:.ic :29 /„~- ~, .~ Notary Public) / •'~''~' My address is: ~a~ ~, STATE OF COLORADO ) ss. COUNTY CAF PITKIN ) The foregoing instrument was acknowledged before me this ~~day of December 1992, by Gregory Thomas'as President and Susan Thomas as Secretary of ShadowWood Corporation. WITNESS my hand and official seal. My commission expires: H/i/q(~, (SIf\I: ~:, / J.: Notary Public <'c^ /_ •' pTA R ?' ; ~ ' My address is: x.33 ~ . /.~•~y/; c.f,,.L~ C~L.rf_.r n, ~~. n Lr, U : r. _. _. i _- .'- k353330 O1/26/9~ 13e 1~ kec s.'00 PY, '701 PG 997 Silvia Davis, Pitkin Cnty Clerk, 'Doc °SOG' EXHIBIT 5 A RE&OLIITZON OF THE HOARD OF COIINTY COMY.ISSZONERS i i PPROVAL, OF PZTRZN COIINTY, COLORADO GRANTING GENERAL SOBl:ZSSION A ~ 1041 HAZARD REVIEW, AND A GMQS E%EMPTION AND SPECIAL REVIEW,,,,, APPROVAL FOR. TWO• DEEI1• RESTRICTED EMPLOI'EE U2:ITS FOR THE BENEDICT STILLWATER RANCH SINGLE FAMILY DWELLINGS Resclutiott # 92-~y RECITALS 1. Fabienne Benedict., hereinafter "ApplicantA1, 'has applied to Pitkin County to request General Submission, 1041 Hazard Review, GMQS Exemption and Special Review approval. pursuant to the Pitkin County Land Use Code for the development of one free market dwelling and one deed restricted, em to ee unit on each of two lots P Y owned by the Applicant. 2. The project is located on the south, side o£ Highway o2, P Y and be..ween the As en Cit limits and the Preserve, Subdivision, more specifically described in Exhbit.'A', attached. 3. The Applicant's request was consdered_by the Planning and 2aning Commission, hereinafter `!Commission", on August 1S, 1992 which time the Commission recommended conditioned approval of the Applicant's request. 4. The applicant also requests two (2) GMQS allocations for single family dwellings. On August 18, 1992, the Commission scored the GMQS application and forwarded a point score of 87 points, which. exceeds the minimum point score necessary for awarding the necessary allocations. ., .. , r z~ _ ..w.~-.- r ,G :,,,. '1~3~3350 O1/=6/43 13:iC Rec x.40 ELK TOS P6 998 Silvia Davis. Fiti;i~ Casty CLerk., Dac z.06 Resolution #` 92-~ Pnge 2 5. The Applicant's request was considered by the Board of County Commissioners, hereinafter "Board", at a public meeting on October pp is 13, 1992 at which time the Board found that the a lication mee the requirement of the Land Use Code, if the recommended conditions ,;. ., _ ~.. r_ are adhered to by the Applicant. 6. The public meeting on October 13, 1992 failed to meet the noticing requirements for a public hearing as required in,the Land Use Code, due to a failure to post the site with appropriate notice at least fifteen days prior to the public. hearing. Therefore, the applicaton_has been renotced consistent wsth all the provisions of Land Use Code Section 6-3.4(d)(1) for a public hearing on November 24, 1992, at which time the Board zeconfirmed.its findings of Oc~ober 13 1992 as_sti ulated in recital ~`5 above. ` P NOA, THEREFORE, BE IT RESOLVED by the Board of County ~COmmissioners of Ptkin County, Colorado that. it hereby grants General Submission, 1041 Hazard Review, GMQS Exemption and Special - g ings Review approval for the Benedict, Stillwater Sin le Family Dwell' subject to the following conditions: 1. ahe site specific building envelopes designated by the pplicant for Parcels ~2 and ~3, shown on the Site Development Plan dated June 1, 1992, shall contain one free markef single family residence and pne 'log gncome (Catepp y F~1) ; deed _.._ deedrrest ictf the two dar els aua asst further subdi isionl 2. All utility extensions shall be located underground, and a ro rsate easements shall be dedicated fo the various public and private utilities, as may be raquired. To the extent, feasible, all utility extensions will be located in the property's existing road system to further minimize site,., disturbance. k353v5C~ Ul/~6/93 1~:1~ Res $.UO Pt: 701 P6 999 Silvia Davis, Fitk:in Cnty Cler}!', Doc s.00 Resolution # 92-~q Page 3 All development shall be limited to :access roads, the individual driveways, utility extefisions, and 'the~'buildng envelopes. No disturbance, including vegetation removal, shall occur outside these areas, except for the selective ,.. removal of vegetation for wildfire hazard mitigation in the ... _. vicinity of the access roads, driveways" and building envelopes. of Count Commissioners, the f General Submission by the Board 4. Within aye year of approval oapplicant or owner of each parcel shall reclaim. the remainder of the gravel pit and stockpiling operations. Open space areas which have been denud quarried for gravel and sand, or stock sled with to soil 'and rock debris, shall be recontoured and revege~ated paccorded, y, our to a detailed reclamation plan approved by the Count Fing (~) copies of the reclamation plan and a, time table for the implementation of the physical reclamation war}. shall be submitted to the Planning Office for review and approval. Pond shore areas shall, be revegetated using wetlan3 enhance2rierit plantings. Revegetaton of 'steep slopes (>300) adjacent to the building"envelopes shall occur. Environmental Health shall review the site 'f or potential hazardous materials ..:„ in those areas subject to restoration. ®~~~~~, 5. The Applicant shall convey a fifteen 5) fo public trail } y g rn perimeter of the property,tastgenerally shown ohe the tSite Development ?lan, dated June 1, 1992. Their it easement shall allow for connections with existing tr' is or easements provided on the' adjacent properties to th' west and east o°_ the sup~ect property, and sha hrough the entire leng'~h of she' property. Withi ninety da of General, Submission approval by the Board of C ommissioner's, tho final location o the trail easement shall be field located and flagged by representatives of the applicant, the Plnn~.ng b~face and the' Pitkin County Open Space and Trails Committee. To the maximum extent possible, the trail easement shall be locates) to' minimize ground disturbance and removal ,of„quality vegetation. ~. The easement shall then be immediateµTy surveyed, at the applicant's expense, and fixed by dedication of "the public trail easement to Pitkin County. 6 sewer line thatoruns throtighsthetproper Dy s The owners o)fesaid lots shall a the norral connedion fees, the1costslof repairing ra downstream constrains d The pro ata' share shall. be determined by the ACSD. If, a sewage pumping _., ;.: ,_ ,,::..:„... ,. ~ .... tµ,,. ,. It35335p q:/C6~93 13:SC Fec $.UO $Y.: 7p2 PG 1 Silvia Davis, Pit4cin Cnty Clerk:, Doc S..UO Resolution # 92-~ Page 4 system is necessary on either parcels 2 or 3, a conventional septic tank shall pretreat effluent prior to discharge into a pumping chamber, as recommended by""the Environmental Health Department. 7. If the access road and driveways are not paved, dust control applications shall be performed regularly during summer months. -The County Engineer, in conjunction with the Environmental Health Department, shall determine the frequency of dust control 'appl"ications'prior to issuance of a`building permit. The applicant shall adhere to Pit}:in County Air quality Standards in effect, at the time 'of building permit issuance. The applicant or owner shall, at the time of building permit application, submit an air quality impact p p p s to prevent the dischar a of adrreollutan s from thesu roposed development. 4 p The report should include,a discussion of the type and number of wood stoves and gas log'orgas"appliancesthat will, be installed, within each building. • and submit erosion„ 8. The applicant shall obtain access ermi s and sediment con~rol lans in the event re, to building permit Engineer for review and a ~yrovroads sha~ired by the° Comity PP issuance. Driveways and access ll,include pull outs ~.... a maximum of 750~',.apart. The combne3"'roadway'"and pull out shall have a total width a 30' minimum drivable surface. incorporat dstintotthe accessaayswand drive ays for s l Ol gon each side. 9. The Fire District shall be allowed on the property to check ... ,, Y to bull . . fire h drants and"water pressure'`'prior'~ ing permit issuance. 10. The Applicafat or owners 'shall provide one low income, affordable housing unit on each of`the two parcels (2 and B) within their designated building envelopes concurrently with the construction of a free market 'unit. An appropriate deed restriction shall be executed and filed with the Housing market residence on each Darcel. The of megt or exceed Housing Office's minimum~r ne£1 livable sarea re uirement for low income units, and shall be deed restricted to the Category ~1 income, price and occupancy guidelines in effect at the time of issuance of a building permit. As an option to providing an af~f`ordable dwelling unit 'within the building envelope on parcel 3, the existing cabin located within the secondary building envelope may be converted to a • Y g „ g , at the direction of thedPit}n1Count fHousin eOfficein unit ~s~53350 01/26/43 1?:1< Rec g. 00 BE: 702 F'G 2 Silvia Davis, F'itk:in Cnty Clerk, Doc ~,UO Resolution ~ 42-~ Page 5 11. The primazy building envelope for parcel 3 shall be amended to remove slopes that exceed 30%. ~„survey of existing mature evergreen trees within the envelope shall be completed, which identify all evergreens with a 6" or greater diameter at breast height (DbH). The lOdl Site"Plan and the restrictive covenants shall include a plan for minimizing removal c mature trees. Said plan shall be reviewed and approved by the Planning office. An additional accessory envelope may be recorded on the 1041 Site Plan to include those lands located at the toe of the slope of building envelope 3. 12. Prior to the issuance of any building permits on parcel 3, the applicant shall obtain building permits to legalize the existing cabin relocated to the site. This may include any health and safety modifications necessary to satisfy the pr q 'e, and any chanoes reoulrednsboftye Land Use/Code ifgl~ isop ro osed abbe/LSed q y P P ' as an accessor structure bulldin As an altern' the p y p e structure from the as licant ma have the o tion to remove th, site. 13. The County's wildlife Habitat Maps depict portions of the Aspen Mountain hillside located above the 8,200 foot elevation as Critical £lk Winter Range. The applicant shall place a conservation easement, to the benefit of Pit}:n County cr ocher acceptable receiver as determined by the County, on the portions of the subject property that extend above the 8,200 foot elevation. No development or disturbance of any }rind shall occur within the conservation easement area. Dogs s'.all be kenneled or leashed at all times. Fencing shall cor..ply with DbW standards, including a maximum, height of 42" Pour strands or less. 14. The following wildfire mitigation measur ,._, ,. f.o and maintained onsite• es shall be adhered a. All structure landscaping shall ipcorporate wildfire defensible space considerations as Follows; 1) Brush, debris and non-ornamental vegetation shall be removed a a,inimum- 10' perimeter zround, the structures. 2) Vegetation thinning and landscaping a minimur,~of 3C' .perimeter around the structures. Spacing between clumps of brush and vegetation within the 30' perimeter shall be a minimum of two times the height of the fuel. Maximum diameter of the clumps should' be two times the height of the fuel. All '- ~'#3~~35p 01/~b/93 13:1 Fec g.C~~~ bt:: 702 F'6 3 Silvia Davis, Pi ti::in Cnty Clerk, Doc 'b. OCR Resolution # 92-~- Page 6 measurements shall be from the edges of the crowns of the fuel. 3) Tree crown separation within the 30' perimeter shall have a minimum of 10' between the edges of the crowns. This does not apply to mature stands of Aspen trees where the above requirements for removal of ladder fuels have beeri'cdriplied with. In areas spacingnguidelines in (2) aboveparcels 2 & 3, the shall be followed. 4) Pruning all branches from trees within the 30' perimeter to a height o£ 10' above'the ground and removal of ladder fuels from around trees and bushes. 5) Trim all branches which extend .over the roof eaves and remove branches within 15' of the chimney. 6) Reduce the density of fuels within 100' perimeter of the structures. ' ng, but not limited b. Non-combustible roof material includ to, tile, asphalt or metal roof )material or Class 3 Certi-Guard (registered brand .name Red Label shales'"and shingles or other .roof material utilizing Class B const_ucaon techniques (1/2 minimu~u solid sheath, the or better shall be required for all new structures oning) site. c. Any additional proposed buildings within either building envelope shall incorporate the above wildfire hazard mitigation measures. 15. All material,.. representations made„ by the applicant in, the application and public meetings shall"be adhered to and considered conditions o~ approval, unless otherwise amended by other conditions. 16. Pursuant to the representations of the application, the homes shall exceed the standards of the 1990 Model Energy Code. To p ~ `pp provide protective ensure com liance the a licant shall covenants which specify details for energy construction. 17. The a licant shall submit a 1041 Hazard Review lat byvthe Boaz'de of Coun`yOCommissioners,t prior to submiswsPrni a building perm_t. The following 1041 Hazard Review a g ;r ...,. a -~ a ~q„ ' ~d3533S0 01/26/93 13i__ Rree f.OQ bK 70~ PQ's ~'~ °' ~ -- Silvia Davis, Pitkin Cnty Clerk, Doc .00 E~HIHIT A LEGAL bESCRIPTIOh Benedict Stillwater Ranch ~.. .., ., ,x ... _. A tract of,Iand situated an the E 1/2 of Section l8, the W 1/2 of Section I7 'Lot 1 of Section 19 and Lot 6 of Sectaon 20, all in ToKnship 10 South, Range 84' k'est• of~ ihe~p6th"' ~:~"" "hea'ngµmoie fully described as follor,st Beginning at the Sovthea;terly corner of the Helen C. Bird Entry No. 37, a brass cap monument in place; thence S 89 48'41" N 16,1 .48 'feef along 'the Southerly boundary of said Hales C. Bird ErtNy: • " sand Southerl thence S 89`54'3.4 H 1192.08 feet along' y boundary line; v w the Nesterly boundary line of thance N 01'21 30 E 13T'2.16 feet along Lot 1, Section 19 and the hrtes,terlp line of Lot. 1'9, Section 38; , " g thence S'84`40 12 N 1448.60 feet a,lon the Southerly boundary line of said Lot:19 and the Southerly line of Ldt IB :i`aad,See;taoa 18; thence, N 01`13'36" E 1012:'12 feet along`"the Nesterly bouadacy fine of` said I:ot 18 'tb a"point on 't he Southez:T7 1ise of a tzet described in Book 363.'at„Page 887 of the Pitkn County re`ca~•'ds: theaee S•48`35' E 328:76,feet along the Southerly line of seid tract;', .thence, N 41`05' E 3,60 06 feet along the Southerly line of Enid L•ract tc a point on~ the Southerly hire of~"'Ca11aTi`a"n Sii~d'ivisioa; then .e 5:-84'01'.42" E_199.73 feel along the Southeriy'liae of said subdivision' theaee N 09'24'26" E 417.59 feet along'„the Southerly, line of said ,. subdivision; ehenee S 89'13'19" E 505.,.8.8 feet to a point on she Westerly lice of the Second Amended Callahan Subdavason:' thence S 00'09'36" N 168.8_8 feet along .the 'Nesterly line of said $ecoad Amended Callahan Subda~,asion • _ . thence S .32`27'17"E 73.Tlefeet alarig the $out~wesiesYy line~of said thence Smgnded Subdacas,ion; 9'46' E 340.4? feet along the Southe~l`y line of the Second Amended Callahan Subdivision and'the Sducherl3 lane of Callahan ..vbdavasaon; thence ~ 00`1» E 1»0.31 fee' along r.he Ea„te.ly lino of sand Callahan Subdi•ision: thencx N 6~"39'22" 8 23T.7~ fee.twalong the Easterly line of said ._ Callahan Subdivision; ther.e`e N bb"05'42" E 231;.'77 feet along the Ea's'terly line of said Callahan Subdivision; ~~ ' thence S $9"5»'18" E 256.06 feet along the Easterly lane of sand _, ~ :,.~,.. , . . , . ,v,, u..o, 4 .. d Callahan $ubdivision to a Dots[ on the SoutlierTv ^ag~t of •'"war line ei' State Hi }~wav Fo B°' .: i bs •`. z~ .. ~c~ •- xI •y lM.l: ' r ~" ' Y : i t '~~:1~ <, ~ ~'i.L :~ ~~). +, r. :_y//'YY ~'.~i .. 8.. thence 'following said right of way lane 3»6.08 feet along the arc of a curve. to the le having a radius o° 603 40 feet, th"e chord of which ,,. e ~ . ,_ " ~ ,. ., curve bear 5 75 i3 30 E ~4~ 34'feet "" "'-' •..U~ .. thence 'f,$~/`40'60"~T_ »~.2"» _eetalor.g said raght o` way lane to the forthxes:'corner of .hat, :r'ac: desc :bet Rood. '93:at Pag"e~~49`8. coh'~nued 391998 @4/23/96 12:31P PG li OF 32 ' N353330 01/26/9 `'7C2 PG 6 ~',. ; Silvaa 6avia,._Pitkan Cnty C1Qrk, Doc f.00 m...,. ..._. ~s ~ w,.,.~.,. ...~.~ ,.. ,-_ ., :_ .... i.._, Pitkin County records; thence S 223.85 feet along the Wrst line of said tract; thence S 8921.' E 399."32 feet "a longth;e S~outficrlp line of said tract:, ' g Southe;ly line of sbid tract td thence S 70'42 E,61.56 feet al o, n, the the Southwesterly corner of t1;a't"r"att decribed n $ook 200 at Page "' ,. --, ..~, ..._ .. y. ,.. .. „x.v N ._.. .a. f ~kp. 471, Pitkin County records; g thence S X7'38' E 70.00 feet alon the Southerly line of said tract; thence S 15'30'00" E 180.00 feet along the Southwesterly line of said` tract„ thence. N 25'5.3' E 232.65 feet al:ang the East line of sand tract to a _. . w, .,,.~._ ., , ,~~ i~,,, point oa the Southerly right of way line of ,State Hagbwiy No. ~~; thence S 4543' E 136.68 feet ,along said rig~i2 +sf w`ay lice to a point on that Boundary Line Agreement deseri,bed in Boak 279.: at Page T66, Pitkitt.County records; g lloxing sand Boundary Line Agreement the follox~n courses and distaaees: S 03'05'."t1 364.53 feet; '' S 20'04.'0.5" E 34'._9 , .. S 01':57".00" W 437.00 feat':, S Ol'~7:'00" W 253.18 feet;` S 00'05'36" W 16.21 feet; ' '~` „ S 34'06,23 E 103,_89 fe"et; ' S~13'14'42" E 121._30 feet to a poattt. on the South ,fine of said Lot 8,~ Section 17; ~ ~~ ~~ theaee S 89 °.'15" W 87z 04 ice a?ee sa a ~ '~ ' ne a' La 8, See or. 17 to a point on the East lane o~ saad Lot f0 Section 17, ' et to the Southeast carne of sand Lot , thence S b0 59 42" W 11,06 6~ fe_ ~ ~ ~~^ .. ' r ot"' said' ~ot ~ Seetaon 2~; ' 10, Section 17 and- the T;ortheLast corne <- ,"~ _..: a ... , _ thence S 0'1 00 18" W _$G:OS feet to t~,e point oi' begannang. Ezeepting COC\TY OF therefrom a trac ,"o£,land•described in Eoc. °°^ at Page 425 `; a., : , PZTF.I:~, STAS£ OF COLORADO, ;:; . 391998 04/3/96 1~:31P t~6 12 ~F' 12 L .. :wya~fr„at1+'i'~>~ M; a'~i°~.i; 1°?rti+° ~, ': +tyd'i~.7G `~ ~•t!'~'.i.N ~:~~': _...._ ~,._ ._.. ... ~ -r-~ VANN ASSC3~iATE Planning Consultants September 23, 1993 HAND DELIVERED Mr. Tim Malloy Aspen/Pitkin Planning Office 130 South Galena Street Aspen, Colorado 81611 c~C~ 2 3 I5 _......~~ ..~_ ~4: Re: Benedict Stillwater Ranch 1992 GMQS/General Submission Application Dear Tim: Enclosed is Exhibit A to the protective covenants for the above referenced project. As we discussed, the tree location map for the building envelope on Parcel #3 was inadvertently ommitted from the materials which I delivered to you on September 15, 1993. Should you have any questions, or if I can be of any further assistance, please do not hesitate to call. Yours truly, c:\bus\wunty.ItrVtr18792.tm3 230 East Hopkins Avenue.• Aspen, Colorado 816-1 •,303/925-6958 • Faz 303/920-9310 ~- ; _,, ~. ,, J V:GWV Enclosure .y_ „ ,. ,. ~AL~~ 1" = 30' A1..PiNE ~KVE`(5, Imo. ~-Ifo~J-3 S•f$~R3 Tx ,~~`' ~ ~` \~. ~~~ o,~ J` o t? J ~11~~_ ®4 ~y III 4 Flo 7® ~e ®~ ®25 ~ : / EXHIBIT A ~ / III !I C~°i LINE. \ ~3K.5da 1~• Zqo ~ \ ` 2 4D \\\ \ \~\\ 1©12~ \~~ \~ mlq ~re `-""~ -~~ 4Dt4 ios~, 3., ,~` ®T5 ®IS ®!6 22 ®Zo ~ ®17 QDZ~ 23 p 2.I 3~~ 1 ~ t'~UILt7tNG ~NV~L.C~PE. :EL 3 ® 2~F ~ Z7 m2s '~~ti~~ 1%f,9 11 `I as i ~ ~~O V ~24 • PAGE. oNE o~ -two w,.~..~,. ~.~. a.~.+a+~:v~~+..vui-u' .awl Iy+~~~~.,....c~~ti:~ F..~-. w~ .. .,. ~;:, T~ZEE LG~ATION MN' ' • PA<~~ -rWo c~ TWO 1NGi=.>c 1• 1•i' 17IAM~7~ EV{r32G(ZE--E'NS 5. O.5' ~~ G. O.ro' II .. 7 p,~ .. ,. ~I. 0.7' ,. ,. I3. p,'J' n 12. Q,Co' n n 13. O,(p' II „ lte. p.fi' ~~ " IT. 0.7' I~ ~~ /9. (•2' " K/. O~' ~ 11 2l. O. S' " ~~ 22. 0.7' '• ,~ 13 O.Co' .. Zi. O. S' ~~ 25. Q~' II ., ~. pg ~ II II 2? 0.8' " .. z8. Z/0.7' .. .. ~f. 05' „ '~. 0. $' ,. .. ~ "f~- ~[fizul~~ t71rWtE.T~fZ lvi>=,f~~Kfrl~ ~i ~~~`i" U1' 1=7tCtrf C~I,IN t7. ALPINE. SURVJ/Y5, ING. t7"08 NO. 89-'lla~'3 i~• tZ . ., ~ -; _ rimA rhor rho «0 ~..1«..... a,. L._. s_.n ~ -.=---.-~L..._~;.5._,.__ ~'., I, ~.. °. .. n +w.v. _~a~, v xu+l'c^' .u:.mw r7arv+~vv.f ..~. • Y t Y ~tl ®9 • N \V~~4ltl~ i ~~, Planning Consultants July 23, 1993 ~~,a ~,~ ~,~~ ~°8 HAND DELIVERED ~ '; " Jtfl. 2 3'99: ;~ ~;, Mr. Tim Malloy 1 ~~ ~ ~ !~ ~ . Aspen/PitkinPlanningOffice ~~~t P-~--~-..~..._.,.~~~~ 130 South Galena Street ' ..,.~__,,_,_,,,,.;,~ Aspen, Colorado 81611 Re: Benedict Stillwater Ranch General Submission Resolution Dear Tim: Condition #5 of BOCC Resolution No. 92-419, the Stillwater Ranch general submis- sion resolution, requires the identification of a trait alignment along the torthern perimeter of the property within ninety (90) days of the receipt of general submis- sion approval. The alignment wa.s then to be immediately surveyed and an easement conveyed to the County. As the general submission application was approved on November 24, 1992, this condition was to have been met by February 22, 1993. As we discussed with Suzanne Kgnchan during my pre-application conference for the recent 1041 hazard review amendment, 'the applicant was unable to meet the February deadline due to the severity of the winter. While Suzanne indicated at the time that the resulting delay in the conveyance of the trail easement would not be a problem, the applicant is arguably in violation of this condition of general submission approval. The alignment has now been located in,the field by the applicant and Mark. Fuller, the Director of Pitkin County Open Space and Trails. The required easement has y ers' approval. While I do not knowif a BOCC agenda date has been scheduledsaceeptance of the easement should occur later this summer.,. We are also presently completing work on the project's 1041 hazard map, restrictive covenants and conservation easement. d hope to submit these documents to you for review and recordation shortly. To preclude any future misunderstanditig regarding the matter, I would like to record an amended BOCC general submission resolution which includes a more appropriate deadline for the conveyance of the easement. As Section 6-3.4(d)(4)(B) of the Code requires that subsequent submissions be filed within one (1) year of the date of BOCC general submission approval, a one (1) year deadline would also appear to be appropriate for the conveyance of the required trail easement. The 230 East Hopkins Avenue • Aspen, Coloradc 81671 •303/925-¢i958 • Fax 303/920-9310 __ ,. _,. WTn...e.„..,. wu~d+'.~.^,~F"~-'v,eA~i*.roMPP.Sk.....»ie.it ~.~'x~n~'~%wxbraa.a~AN^m~e~~Aw-%..~a.r...-,Ex'~A`+w ,. . .. .. .~:. .Y ..... ~ d rv. e,. ~~. Mr. Tim Malloy July 23, 1993 Page 2 new deadline, therefore, would be November 24, 1993, which would allow the BOCC approadmately four (4) months to review and formally adopt the proposed easement. p po aton with John Ely. As the original deadline rept•esents asprocedural as opposed fora substantive requirement, John iridicated that we need only prepare a revised resolution for signature and recordation.. No formal BOCC hearing would be required. John's position, however, is subject to the Planning Office's consent. While I have a call in to Suzanne Konchan, T have not been able to discuss. the matter with her personally. Please check with her regarding the proposed approach. To assist you in the re-recordation, I have enclosed a copy of the original BOCC resolution. Please note that I have revised condition #5 to include the appropriate language. I would also appreciate it if you would include an additional item in the ' state that the revised resolution supersedes resolution s recitals. Reclta] #7 should and replaces BOCC Resolution No. 92-419, which is recorded in Book 701 at Page 997 in the Office of the Pitkin County Glerk and Recorder, in its entirety.' Should you have any questions, or if I can be of any further assistance, please do not hesitate to call. Yours truly, cc: Arthur C. Daily, Esq. c:Wuskounty.ItrVtr18792.tm 1 ,x ""- SV:cwv Enclosure M1 u:: J . ..... .. DAT1E: Apri129;'f999 PLANNER; Lance Clarke PROJECT: Extension of Vestedl2ights-Benedict Stillwater Ranch Parcel 2 ~ OWNER: Roll International ' REPT2ESENTATTVE': 'Mike ~Ionan ~ ~~ ~ ~~ ~~~~ PHONE 920-1018 ~ ~ ~ ~ ~' SUMNTARY i. Type of application: Extensor of VestedRights. 2. Describe action/type of development bung requested: Extension of Vested Rights fora 1041 Environmental Hazard Review, GMQS Exemptior, and Special Review fora single family residence aird accessory stiuctures on Parcel 2 of the~Benedict Stillwater Ranch. Original approval was granted by the"$OCC 6y Resolution N`o. 9~-~19, and an extension of vested rights was granted by Resolution 96-74. 3. Areas in which applicant has been requested to respohd/types of reports requested: Please provide a summary of the 1041 issues and corcerns which were initially reviewed and mitigation mess es which were approved as well as a summary of other issues which were addressed it the original application and the initial extension of vested,rights. Also, please address the criteria for Extension of Vested Property Rights as contained in Section 4-140-30 and Application Conterts'.as specified in Section 5-50-Q'20. 4. Review is before: BOCC 5. Pudic Hearing: Yes: Applicant. miust post_a sign on the property for the public hearin . property owne so one c ~ners: Applicant is required to submit a list of adjacent ( py). The applicant shall mail notice to all adjacent property owners', at least 30 days prior to the public hearing with the return address of the Community Development Department (copy of notice to be obtained from the CDD). The names and addresses sh'al(be those on the current tax records of Pifkin County as they appeared no more that 60 days prior to the, date of the public hearing. 7. Provide disclosure of ownership: Yes (two copies) t 1, ;: .. ! ..w._.. ~ ~~. 8. Number of copies of the application and maps to be submitted: 10, 9. What fee was the applicant regtflested to submit: $1,410.00 deposit. ($1;110 for Planning, $300 for County Clerk) 10. Comments/Unique Concerns: [n addition to other materials referred to, please be ' certain to include: • Summary of issues from prior review, including any changed circumstances, and outline of need for Extension of Vested Rights, addressing crrterta from seCtton 4- y p vesOting per oad: other ertinent information which shows a need for an`exfeiided • C;opiesaf approved Site Plan/Plat: • Copies of original approvals. • Proof of ownership. • Letter from owner giving consent to represent. • Application fee/agreement to pay form. • Copies of this pre-application summary. ' NOTE: This pre-application conference summary is advisory in nature and not binding on the oun The information provided in this summa 9 ~ rp p p p p pp ry is based on current zoning standards and staffls inte retatons based u on re resentations ` ' ` ' ' " "` ' ' ` ^` of the applicant. Additional information may be re wired u on coin lete review of the a lication. 'i: '. A ~, ... I .. . .. i .I e 1 .. ,. .,.. ,.a.. ...~. M- n .LXe,~_m ...b, ~.rt~k~ t S r E ..e{k.e~=,_~f,,.~ i' ~.`~.-d i ., ....'.: ~ , :;;fir:. ~. -kk ~ s « w~ MI (•.F-In pC A4'M1nrv»:: (rs.{ srs.wamyrv'0NP5 FEB. -49' 98iMDN) d8 48 P. UQ2 LITTLE Lt~KE Ll31yGE g61 Stillw%$ter Read, Po ~o~c 1208' Aspen, c~ si+su ~ASm~ 'I'a: Dance Clarke IDireetar of Coanty planing 134 eu. Galena Aspen, Co 18411 Alter your mneeting on 2!4!98 wit4 Peter and Travis j`i°am Fulton Stone in reference to the Y.,ttle Labe Lodge project, we nnaerstand that you would like a more detaiksd esplariet%n of `tie over~>l pr®~"ect: ~ ~ , Yntention: tlur overate intenihon ~s t+~ deepest the lake tin cre desirable habitat for the fag! papa~a'taun""`atK# t~e~tsial ecmcsyel Lake. In order to achieve this we employ®d Agma'~ieri~a inc. the conda'tion of "tine Lake "(se®`aftae'li~e~report) ,the topogra as their reeommetmatians for aptimnm depths for Hate hatila reviewing the recommendations to remove 10b,(iN0 cnlb~evyar . _. .~ material we real~zed'tl;at w~ iovanid"not ~c abt~e'ta uitiliee that site and west with s "gleptb that wank"C"be 6et~v+5ed ojit~naY s totaling 75,000 cubic yams: We also !loll Aqua S"urra~ilesrgs bed to be installed at the erid of the existing waterfall feature bur proposed plan: y ~~ n After of anti#y on 1.) We have employed Wright Water Ent~neers to apply with the USACEA M~7re Mc Ciaffe for all ~" y permits relating tAOwetlands and of ration which is to dredge "the material. Wright"..., Water would else design the spoils ponds that the,. mtaterial woWd 1 Y:' t .t ~ v «~rilY FEB -09'4SIMdN7 OB 49 be tivill Gave to eonatraction on such ponds. 2.) In late Augq~t, we far apparusrnaGeiy ohm like to place tfie spate, second is jnet wes# off' mined and by ptay~ing'I i'eaeW tlle$e ~rCaB. ~lrncted to see' witfi a ,. , iiy 5 days a' week ,r'~"r'k~J~- .,., , ., Al`te-r dred~ag, +we wdruld litre the spoils to contlnae W drain until Spring of 1~i4~w`~hea weµ~w+'ou~`l"~`~a"pe, tapsoi~ and. :_ ._. replant. 3.) Irs September, once tine area 1,as been dredge below the essiiag falls we wau~il'u'~e to"~a~ve `t`~e,"'~~ Wn . ._ , . , . ,spa ing eras installed. d.) Associated ~s~ith dre~giag abtl spswung hei~`evark ~s the Factor of isndscaping whieh sre are in the process of`desigiring, , ,. We have employed Fulton Stone to design a landscape ttuet wi71 - ....r eamplement am b+eautxferl valley. In couclaspoe, I hope;tbis plan. gives you a good aver view of the ro'eet. Al ng y `' P J so, at this time, I am requeaih an other information and applications that evould pertain to this pro~eet, ';, ®eet ., F. 003 ~~~ Tony ~4 Sk + E9tate Ana~'eP .>. ... k /i i ., ., #359889 i i8/ 11 /s3 1 1 • S7 Fec ~. ~~0 BK 720 P"3 974 Silvia Uavi>, F'it4 in CntV C'le'rk:,` Uoc s,ix WZNTER'TRAIL EASEMENT AGREEMENT (RESTATED9 THIS RESTATED WINTER. TRAIL EASEM~NT AG "Agreement"), made and"entered into"this %C^ Lday of 1993, by and between F7~BIENNE,BENEDICT`(hereinafter "Grantor!'), and THE 'BOARD OF COUNTY COMMISSIONERS OF COLORADO'; as the governing body 'of Pitkin Cou (hereinafter referred to as`"Grantee"), as W I T N E S E T HC ' Stillwater Ranch Parcel~sER,~2 andr3ntPitkin Countye Co orado,ras shown and described on ( h ~'~'rst Amended Plat of Stillwater Ranch Parcels' recorded t. -~jy , 1993, in Plat Book`/ at' Pagel of the real property records of Pitki.n County; Colorado (hereinafter collectively referred to as`the "Subject Parcels"); and WHEREAS, Grantor desires by this instrument (i) to establish and to grant to Grantee a perpetual, non-exclusive trail easement across the Subject Parcels., for winter use only for cross-c®uhtry skiing purposes, over and along the trail alignment more particularly described on Exhibit A attached hereto and made a part hereof by this reference, and (ii) to establish certain restrictions with respect to said trail easement; and ' es by this instrument (i) to accept said WHEREAS Grantee deslr trail easement subject to the restrictions set forth herein, (ii) to assume certain responsibilities in connection therewith, and (iii) to warrant and guarantee to Grantor that in all future land use applications which may be made for a Subject Parcel, the owner of that Parcel will receive all credits and other benefits to which .., ... such owner would be entitled if the owner were dedicating the subject trail easement `as a part of that Iaii3"use application. NOW, TIEREFORE, for and in consideration of the mutual covenants and agreements set forth herein, and for other good and valuable considerations, the receipt and'. sufficiency of which are hereby acknowledged, Grantor and Grantee agree as follows: or hereby-grants transfers andnconveysnunto Granteesandnits successors and assigns forever, for the use and benefit of the general public, by quitclaim only and without warranties of title, a perpetual non- exclusive easement and right-of-way`over and along a twelve (12) P P 4 Y ( ) ~ er side of the centerline ali nment described on (hereinafterrreferred to as"the "Winter Trailx atta hed)Exhibit'A Easement The foregoing notwithstanding, Grantee shall have the right to operate; outside the Winter Trail Easement; occasional"ly and tempora~'ily only, in the exercise of 'its trail maintenance and .. _.::: a ='tT°_?2E3`? OE/11!93 1::5~ Rec ~.'~r =t. 720 t,i:, 975 ~;~ivia Davis, F'itk:in, Cnty Cher , Loc management responsibilities, for the limited purposes of removing g ng the use of the Easement, minor earthmovint necessarattonmaintasn a smooth and consistent surface ' g Y and to assure consistent draanage, and tuuhing of maintenance 'or track setting vehicles. Prbvided always, that no trail cutting or Easement. It is 1 will take place qutside of the Winter Trail vegetation remova understood- and agreed that Grantee's trail 'use butnasaclose;asapossiblertouides may also be installed outside of, g, the.. Winter Trail Easement. Any other utside the Easement shall re g °•/ f Grantor or her"successors or a uire the ariorlwritteh approval no' o signs. P Grantee hereby accepts the Winter Trail Easement in an "as is" condition subject to the restrictions her subject to all patent or latent defects or roblems of any kind or nature. I Such acceptance does not preclu in contained, and de improvement or maintenance activities within, the Easement insofar as such activities may be allowed or required by this Agreement. 2. Trail Use Restrictions. __ .. (i) Due to wildlife and other considerations, the Winter Trail Easement shall only be open to puF~lic use during 'the period from November 1 through April 30 in each year, and then only when there is a minimum of twelve (12) inches of snow cover on the Easement,. (the "Easement Use Period"). During the remainder of the year, the Winter Trail Easement shall be closed to the, public aid shall be used by Grantee f,or easement maintenance and management ,,. purposes only, which off-season uses must.`in each instance be preceded by at least three (3) days written notice to Grantor and to her successors or assigns. (ii) During Easement shall be uses purposes and for no of motorized vehicles- of WinteX Trail Easement, e the Easement Period, the Winter Trail exclusively for cross-country skiing s uses or activities whatsoever. No kind `shall' ever be permitted on the pt that Grantee sh =1 sets of cross- ountr v ski e right to y ing tracks a~engnt ~ltsno'wsho mobile or a track- '~ '''' eing lanes shall be set one set or two paral within' the Winter Trail setting machine. No provided within the Easea (iii) No dogs shall ever be permitted within or upon the Winter Trail Easement; (iv) No camping, fires, firearms, or noisy or otherwise commercial uses except cr spas onto adjacent private lands, and no offensive behavior, no tr,oss-country ski touring shall ever occur or be ermitted on the Winter Trail Easement P (v) The Winter Trail Easement is ,hereby declared to be P y Trail System, and "the"use of the Winter art of the Pitkin Count, 2 - ;~ ,i:~,~~,G8~ i)S; 11:93 11:vr' lec ~.OU BF' 720 F'~ 976 ' Silvia Da~~is, F'itEin Cnty'Clert::,"Doc s:ij~i Trail Easement st and other proves Code entitled "Ts from time to tip Winter 'T'rail Ea more restrictive 3. Winter hereby assumes c~ groom and maint attractive concl its sole' oost ai• .:_. the owner of a 8~ shall perform t maintenance resp trash and debit: vegetation and ,o care and mainter. also be governed by the rules and regulations of Title IX of the Pitkin County' T=and Use Regu'lat"ions" as sa"id Title IX may be amended provided always that the provisions of this t Agreement shall control wherever they are :i the previsions of said Title IR: it Easement Care and Maintenance. Grantee ate` re~'s~p"25"n"`°~iblity for arid'agrees to care for, the Winter Trail Easement in a clean and and iri a` good and safe o~der~ and repair, at ;perise,"'uhless the need thereYor is caused by ~t Parcel,, in which case the responsible o~lner •_;~*=*+a*ice or care"so required. Grantee's small vegetation as ne each in"stance), the na Trail Easement shall n Grantee may contract"u maintenanc any of the responsibi der this i shall include, but not be limited to, .. v,,.w keeping"they trail clear of rock's, t"fors grooming as needed, acid genetal bons' "minor grading and the removal 'of `~""'(subject to Grantor's supervision in topography and vegetation. of the. Winter .... p y disturbed in any way. The'' e altered or; third ' art toe`cari~`~'"`out"these" `care and tii.ch "contract will,not change or alter ar relieve 'the Grari'tee of any ° of its un --_- - -, 4. Ayatancn the Winter Tra1NE Grantee.., expressly warning the public the trail and. of Trail Easement c~u 5. Gran agrees' that d1 undertake at i~ (with 10-12 ev the Whiter Tra: purposes o~A envelope on sa berming and la: and specifica accomplished authorized red project is att e the caoe• Grantee " "Gr~'ntee will and landscaping of a section of ircel No. 3, for No. 3 from the Winter sha].1 b'e performed in ..a va=t vv ..... ,7 -ri- ender the dbrect supervision` of resentative,' ~~ A "~'relimnary cost as herein snail. preciuuc ~~a= landscapin4 as she or hei' 3 ntee acknowledges that portions of ientaliay be 'subject to avalanche hazards, and ,n„~,- .. >ume5 'all responsibility and liability' for' such hazards; for monitoring the condition of slopes above it, and for 'closing the Winter periods of potential slide danger. it Easement. Tt and shall be Grantor or her estimate of the ' a part hereof by E performing its 500.0'0. Nothing .ng such further ins may consider "_ n, v.: ,z_ ,.. r.l a.. ,a, .,. :.. .,. ~a;. ~~... ~w..A»:...d~..k....wk.,'..-a.,..au.~.....,,;AS~... ewro-..~x.~~x~ a~:~s .M..l .~a <a... .a,~'r ,.~~,a 1. ._ _ ~'~~` ,. #s~ ~ .>M~. .~~ +~~ _.,-~'~~,oro U,~/ 1 /b'S 11:57 fief a. :.. _ i i ~ i a )~iavi :; ~ Y' Yi~C20. P6 977 F'itEiin rut ClerE: a. t_~U 6. Enfarcementb Signs and Gates. Grantee agrees to enforce g alllother aa~licable rules and re ulations as ma fbet ontanedand y in PP g Title IX of the Land Use Code, and to prosecute violations thereof. In addition, Grantor and her successors `and assigns "in the ownership of the Subject Parcels, or `any of them, or of 'any additional lot, parcel or other legal interest into which Parcel 1 may be legally divided in the future and whicfi ,is traversed by the Winter Trail Easement (an 11Aggrieved Owner"), shall have the right (but never the obligation) at any time to prosecute any action that may be necessary 'or appropriate to enforce said covenants and use restrictions and Title IX rules. and r"egulat'ions by injunction ... andJor damages action or otherwise, which action may join Grantee p ~ , , or its enforcement aobligationsa hereunder o The prevailing party in 'any such private enforcement action shall be entitled to an award; of its reasonable costs and attorney's fees incurred in connection therewith. Without limiting the generality of` the foregoing, Grantee agrees (i) to erect and maintainjgates'at both ends of the Winter Trail Easement which are adequate 'and effective for purposes of enforcing the trail use restrictions set forth herein, and (ii) to erect and maintain small and inoffensive signs at both ends of (and, if necessary, along) the Winter Trail Easement which politely inform the public of the seasonal, nature. of the trail and' of ;the "no dogs" and other use restrictions pertaining thereto. I€ an Aggrieved Owner has given Grantee .(through the County 4 ~ g P y P mf this A reement is not bean erformed 9 Grantee oy that a 'articular traaleesto eerform br enforoebcontinuf rfor a eriodeef ~nd such failur' p p en (10) days following the giving of such notice; the Aggrieved Owner shall have the right and option to temporarily close the Winter Trail Easement as it crosses the Aggrieved Owners property. 'n closed for 'more than 48 hours, and this right n f st mporary~closure shall not be exercised more than twice in each calendar year. It is the intent of the parties _.. interpretat onv of thsaA reementc',~helE, dispute a5 to the proper ' g asement may only be'closed for the short. period allowed above, and a court action may `be required to resolve the dispute. In addition to the temporary closure, 'right described above, the owner'of a Subject Parcel,. or of any legally separate part thereof traversed by the Winter Trail Easement, shall Have all othe"r enforcement rights and remedies that may be available under this Agreement or'in law or equity; probided that the exercise of such rights (including the right of temporary closure) shall have no effect on the perpetual 'nature of the Winter Trail Easement. 7. Right Reserved in Grantor. Ggrantor hereby reserves to herself and to her successors an d assi ns forever in the record 4 ~~SS98aq ti$;•iii9~ li:Sr ~iec r,pc7 Silvia Davis, F•itk:in Gnty'Clerk:,~t 720 F~ 978 Doc s.i~p ownership of the Subject Parcels, or any of them, or any portion cost and expenseh to install and maintain, underground utilityrlole nes and/or irrigation pipes within and across the Winter Trail Easement Trail Easeme pndp r to cross the Winter„ g, .. , ,~ / maintainin nt with motor vehicles for ur oses of installin or such fines or to access temporarily the land on the other side. of _the Easement; at such points and along such alignments as may be determined by Grantor or her successors or assigns, except that no such Easement crossings shall be permitted during the Easement Use" Period except in emergencies. Such reservation shall be for ',the benefit of and shall run with the title to the Subject Parcels and each of them and all portions thereof. Grantor, for herself and her 'successors' and assigns, agrees to restore the surface of the Winter Trail Easement as nearly as possible" to its pre-existing condition following any disturbance thereof as a,_result of the exercise of any of the rights reserved above.' ' ' 8. Land IIse Application B hereby expressly warrants aid gt successors and assigns in the Parcels',. or any of them, or 'of `ary traversed by' the Winter Trail E future land use applications inv of them or any' part thereof, limitation a GMQS submittal (if general submission, detailed suk 1041 re'yiew, building permit rev: review, the land owner will re credits and other benefits to whi the owner were granting the wit conclusion of and as a part of t before. In other words, the own efits Preserved. Pitkin County 3r'i£ees to the Grantor "and to`~er .cord ownership' of the Subject egally sepafate portion thereof ement, that in all existing or wing ``the Subject Parcels or' any >pecfically including without oplicable) and applications for ~ssion and Final Plat approval,' a„ or any other form of special give all points, bonus points,' .,such', owner :would be entitled if n Winter Trail Easement at the t land use application, and not 's application shall be treated as if the Winter Trail Easement had not yet been granted at all, so that the affected property 'can be included in'the application (in an unencumbered state) for purposes of density'reduction credit, FAR, and for' p p hat may be necessary in order'to comply with the provisions of the Pitkin County 'Land Use Code then ... _, in effect.. 9. Grantee's Obli Insure,., The parties ack the benefits, protections Colorado law, including Grantee hereby agrees to fees) and hold harmless assigns in the record o them, 'or any part they Colorado law, from and ag of action, damages, fosse kind or nature (including property damage). arising nowled'ge"that the Grantor is entitled to and limitations on liability afforded by C.R.S. Sections 33-41-101 through 105. „~, g defend includin reasonable attorney s Grantor and her, respective successors'. and p 7 eof,hlto~ theefull ee tentcallowed auy of nder anst any and all claims, demands, causes s', liabilities g costs and expenses of any those involvin `death,'personal njury'or from or incurred in any way in connection ~~ ., t. ~ . ~s~~> ~,.~.~:,.N.~a ., ~.~,,W ... ,.. _ _.:~. ~., m.:cax'trrv-~,acw,m~ra .:v~na~es .~.w . •.a.rc.. ~- .~.narot*.M...,N??^.,,~*eov+vmm.~mnai~. w~'a iw- ~ .gw~mz~-vrc~Erow-~.~4, ~ v / J r 2 F6 979 ~ Siivia ` Da is, Fit4::in G~ty Cler4', ~r Dc7 . i~p with the use of the Winter Trail Easement_by anyone, including members of the general public, excepting any such claims or losses' which may arise directly from the willful and grossly negligent acts of Grantor and her agents or employees,'or"other claims 'as described in C.R.S. Section 33-41-104(1). Grantee further agrees to add Grantor (and her` successors,and assigns in the ownership of r, _. _. the Subject Parcels or any of"them or ang part thereof) as coinsureds on its comprehensive general liability insurance policy, "' the Grantee to rove wrotection as ainsthliab 1 itm~fromlclaimsy g P •de p g y larisan out of the use of the Winter Trail Easement. Such insurance shall be carried in, .._~.,u o..~~ .„~ ,. amounts not less than the. liability limits specified in CR ~:'"§" 24-10-114(1), as' it may be amended from time:,to time, and shall provide Grantor and her successors and assigns with thirty (30) days advance written notice prior ion, Grantee shall, upon written request therefor from Grantor nor, any successor or assign, provide a Certificate of Insurance', 'as verification of compliance with these requirements. The parties .acknowledge that the Grantee is not, by the foregoing, making any representation about its legal ability to defend and hold harmless the Grantor against any claims „ damages, losses'"ar liability. However,' Grantee hereby reaffirms 'its agreement to so defend and hold harmless' to the. full extent .allowed under Colorado law. 10. Attorney's Fees. In the event the interpretation or enforcement of this Winter Trail Ease rent Agreement should eger become"the subject of litigation between Grantor (or her successors' and assigns 'in the record ownership of the Subject Parcels or any' of them or any part thereof) and Grantee, the prevailing party shall `be entitled to an award of its reasonable costs and attorney's fees incurred in connection therewith. 1I. Binding Effect. This Winter Trail Easement Agreement' shall be binding upon and 'inure to the benefit of tkie parties hereto and their respective heirs, personal representatives, successors and assigns forever including all future record owners, of the subject Parcels, or any of them, or of any additional 'lot, parcel_or other legal interest into which Parce 1 may be'legally Easement1ri The benef is aand burdens hereof she by the Winter Trail 11 also run with the title to the Subject Parcels a p 7 nd each of them and all arts thereof. Th Grantee and is Agreement may only be amended by a writing signed by by the then record owners of'the Subject Parcels or, if Parcel 1 is further divided in the future, "`'by the then record owners'of Parcels 2 and 3 and of the legally separate portion(s) of Parcel 1 that. are traversed by the Winter Trail Easement. 12. Supersedes Prior winter. Trail Easement. Grantor and Grantee mutually agree that upon the recording of this "Restated' Winter Trail Easement Agreement in the Pitkn County real property 6 #359889 08/11/93 11:57 Sec ~.~i~~ BF:; 72.0 F'C qg0 Silvia Dsvie, F'itk:in Cnty' Clerk:, Doc ~.0~~ records, the previous Winter Trail Easement. Agreement recorded January 13, 1993 in Book 7oG~ at Page 437 of §aid records shall be deemed fully and forever superseded, replaced, cancelled and terminated in its entirety, and of no further force or effect whatsoever. IN WITNESS tPSEREOF, the parties have hereunto set their hands and seals as of the day and year first above written. Grantor: Grantee: Attest G Z< Jea"ette Cle~k and STATE OF COLORADO COIINTY`OF PITRIN / J'/ ~Gc~'7 LCtcc F-' f'-1-F.c is ~C~c.~ Fabiehne Benedict Board of County Commissioners of°Pitkin County, Colorado Chairman.- APPROVED AS TO FORM: Pitkin County Att~rney - ss„ ~~~ The fo eg n instrument was acknowledged before me"this day of 1993 b Fabienne Benedict. Y ~;, WTT SS my and and offi i 1 seal My ommission expires:,,3~~~ ~ ~ \~~ ,n ~ r // '7 ~.. N . ~.. .. ~. ~ .~ ~.~ . „a < ~.~ , ~~ ~ , ~~~~^_ #59SC9 OS/ 11 /°3 1 1 : S r Fer_ $.:ii? BF.: 720 F'6 9B1 • Silvia Davis, F'i tk:in Cn±y G1 erF, Tiac ~.C?~? STATE OF COLORADO ~ ss. COONTY OF PITRIN 3 The fo~roiny instrument was aY n~ledgedvb~~ a me this 5 4 /(.~ day of 1993 b „i1 as , Chairman of the Board of County Commissioners of Pitkin County, Colorado. WITNESS my hand and official seal. My commission. expires: 3-may-~ ~ _ x-~ ~^ -'-~--_ __ Notary Public • ~.. . 10145. 8 - ,. s. i .~. ...... .; .~ #359889 t?811 1 /93 1 i: S r Fec ~ (it,i P}: 720 F v 982 Silvia Davis, F'itL::in Cnty Ci'er4::, Doc `~.Oi; Alpine Surveys, Inc. Post,Oftice Box 1730 Aspi?n, Colorado 816T2 July 19, 1993 CENTERLINE DESCRIPTION OI' STILLWATER RANCH WZNTTR TRAIT., 89-165-3 BEGINNING AT A POINT ON THE NORTHWESTERLY' BOUNDARY'O"F PARCEL 1, STI LLWATER RANCH P~:RCELS IQHENCE` TFIE CENTER "" OF SECTION 18 ('POWN SFIIP 10 SOUTIi , RANGE f3'4 WEST OF THE 6TH PRINCIPAL MERID IAN) BE ARS N 29°30'23" W 658.95 FEET;. THENCE S 38°00' 00" E 6.08 FEET; THENCE S 43°03' 25" F 151.89 FREfi; THENCE S 55°59' 56" F. 148.04 FEET; TIiENCE S 52°03' 57" E 112.46 FEET; THENCE S 53°46° 02" E 93.95 FEET; 'PHENCE S 46°39' 10" E 213.17 FEET; THENCE S 33°29' 39" F 139.41 FEET; THENCE S 41°57' 21" E 146.34 F~ET; ` THENCE S 45°37' 03" E 148.90 FEET; THENCE S 57°30' 14" E 83'.62 FEET'; THENCE 5 78°52' 48" E 64.70 FEET; THENCE N 89°14' 32" E 89.52 FEET; THENCE S 58°25` 32" E 71.,.18 FE'ET'; THENCE S 23°32' 28" £ 103.23 FEET; o t ~~ 3.23 FEET. THENCE S 19°55` 49" E 154.03 FEET"; THENCE S 41°11' 29" E 158.75 FEET: THENCE S 36°21' 39" E 102.64 FEET; THENCE $ 42°3II' 22" E 153.49 FEET"; ' TI3ENCE S 49°21' 32" E 19A.72 FEET; ` THENCE S 35°01' 34" E 20'.5.16 FEET'; ' THENCE S 42°22' 36" E 119.80 FEEfi; THENCE S 37°22' 54" E 1fi3.15 FEET.; ` THENCE S 50°19' 32" E 212.08 FEET; THENCE S 63°58' 36" 'E 57,51 FEET; THENCE S 73°34' 50" E 83.05 ` FEET: THENCE N 35°49' 15" E 40.49 FEET; THENCE N 04°57' 43" E 25.87 F`E~T; "' .,;, v„ ~„ .. ~.f~. #:359884 ~8; ii; 93,,.1:: 5, Rec ~ ~}~? BF: 720 F6 Silvia Davis, F'itF;in Cnty Cler4:, Doc ~.,~~~? Page 2 Job No. 89-165-3 Centerline Description of Stillwater Ranch Winter Trail July 19, 1993 I ; ~ r 9@3 THENCE N OB°20' 06" Y7 60:33 FEH`T, ' THENCE. N 15°10'32" E 114.54 FEET; THENCE N 03°15'27" F, X8.42 FE~'T; THENCE N 00°41'55" F. 123.09 FEr:T THENCE N 13°12'45" 4J 44.06 FE~'T; THENCE N OS°17'02" E 147.17 FL`ET;" " THENCE N 25°02'3i" E 121.06 F>rET; TIiENCE N 06°00' 00" W 1D0.00 FHET; "' ` THENCE N 10°DO'00" W 25.00 FE~'T ' THENCE N 12°11'18" W 84.37 FEET; THENCE N 16°26'15" E 79.tl1 FEET; " ' ' THENCE N 14°05'32""W 49:61 FEET; THENCE N 22°03'35" F: 124": 18 F~ET'TO"A `POINT BEING ' ., . 6.00 FEET WDST OF T8E EASTER THEIQCE N 00 59 42 E ~4LY BOUNbARY`t~F`SAI1~`"PA~"`C~EL 3;'` ° 7.05 FEET ALONG A LINE' PARALLEL TO TIIE EAST BOUNDARY OF PARCEL 3 AND 6.00 FEET ~ WEST OF SAME, TO A"POT25T Ot'1'ERM=RI~T'I"ON~;'SA'1~D POINT BEING S 89°55.`15" W; 6.00 FEET FROY~i A COF~NEA ON THE ` EAST BOUNDAPY OF SAID' P:~?RCELf 3. TOGETHER WITH AND INCLUDING AN "A"LTEF~N"'ATfVE ALIGNMENT" '' FOR A SMALL PORTION`""Of"~SHE~TRAT'L; `COE`~I~ING' AT~" TIIB' ' POINT OF TERMINATION OF THE "CALL I~1 ~I`HE"~BO~E" mCEN~RhINE""'" " DESCRIPTION' THAT READS "5 57°30'14" E 8~ 62 FEET" "' ~ THENCE S 51 ° 15' E 65.00 FEET TO A ' PdTNT``'"ON~`T~IE' BdU2S15ARY OF PARCEL 2, STILLWATER' RANG'H PARCEL`S COMMON~'WYT'H~A ~ ' FOREST SERVICE PP:RCEL THENCE S 55'°30' E` 170.00 FEET' ' ACROSS THE NORTHEAST CORNER "OF 5AIb FOREST'"5`ERVIC$ ~A'RC`E'T,' TO THE BOUIDARY OF SAID` PARCEL 2 THENCE'~CONTZNUING`°' `"' ACROSS SAID PARCEL 2 S 45°00' E 9.5.00 FEET; S 36°00' E 188.00 FEET AND"5 23°OI2'"17" E 53.44 FEET TO POINT OF INTERSECTION OF T'HE ABOVE'' CENTE~2LTNE "DESCRII'TIO~N ` ' AT THE END OF THE CALL `THAT"`READSS 19°55''49" E '" ' 154.03 FEET. GRANTEE ACKNOWLEDGES AND AGRE~'S (i) THAT PART OF THE SAID ALTERNATIVE REPRESENTAOTIONSYWITIi~RF.SPECTNTIIERErTO,,S (i1i) THATSr AN " ~i) THA2~ GRANT~LITY FOR OBT'FiIN~NG ' GRANTEE ASSUMES COMPLETE R';;5PONSIB Y NECESSARY EASEMEY~T f"RO?~2 THE FO'l2ESTASH`R~IOCE~AND NTY OR FOR ALL RISKS ASSOCIATED' WI`T~T' COi~S`Tf~UCTIIdG I~111~N`(Pp I`N"II~7G rt'AN`D 4 " USZIQG A TRAIN ACROSS""FGR~ST~E'ERVT"C£ LAND. e ~ ..r, ~ . ...<, ,<. .., , < ,.,.... m . ~ m ~ ,.:u...,... _,. .. .•. ... M*. .~~ *+rcm evnx..ww~ ~.. wr sasn ~>*~pwr w'w,?:. ~r ».: _ ~' -.' ' ' #`354889 08/ 1 i /93 i 1 : ~ Ree '~. UU HY 720 F''G 984 Silvia Davis, Cnty Fitkin Clerk., Doc $, CYO .' r _ _ I 352873 01/13/93 11:31 nec x.00 BK 700 r''S 444 ~' ^ *:ovc^:bef 1:. 1~='~ Blvia _ _- - L'avis, r^:tk~n ... Cnty Clert~, Doc s.UO .~ to ~. ~~. SHi ^_V ` ^.il ..~• ~3O ~'1• HOpk1nS _' ;,spcn, CO Eloii i 'i.?..'r. C 3_'?' 3 :.~W. Pte: STII :.~~'?:7i~. RANCH `~ Ti~-.IL E.SS::~1E:~T B~R4't ~,.\D LA:TJSC!.P . :• , ... ' ' J u De..: SurLLO o diS~LSSiD^ I hzve pr_p~•c! ~. io11o« .z cos ~• .1 p ^io .,? e s. ~ ' - t:^•= .,, ?'~:s;::.n• ^`._~ prJ,c Th., r1:.:s c :a' I n°>,e p:oviu•.d cr ^~' e l Oj j :.w:l L:•% ..._l:.:: c 1. '<7 7' :pr ce C• SE^S.DJiaa S?.9G~.6~ 2, s.-,o0:•sy i^~^'•ion s}•°,"•^• 1,'_UO.M _ r 3, `'-n ,:Chwo~k - 565;r G~ S h- ~?~.LX1 »l Y. J__~ ... TOT:~L COST 55,970.4: ~~ .~.11 tw-s s`zli be Co1D:~:o ~: c Sp:'1:c°. '?i:e~ LL..,es 'Ctz.. '" °ra s`-'i b~ v s? ^tcn }:w°_. 1:"...~.> S~~YI D> pt °..i'~ 1: 2t'..2_L:I!! i'i11; Oi ~ ~ :SUil ~ t 1 i..= .^,SS. t `won -. S'_:-Il 1' D t .rv.~~ ti, ~ ~ !' ~S .h.YV til. ~':D.^> ::Z~.,~ 7 K .'.: i:0u1 LSc a+ ha .1 Lav .,; L ~. ~... S.. ~! :. _, 1:SC:iia :0 k ~> ,.e:S Z,1Lt '~ tW YC_ C_.lr. i S 51'S:C.^' S..zll P~'11 .r. ~ LU: - r~tin~ 0~-K,'D ~ ....>. .. :. Jt 1^.° ~i071° CO ~ L ti` "] u0 ~°>S L ° \ S~ ~'.t C ~.11•lu'1~.J....., S.,_t: De ^S i Z 1~'~ :5 DOSSiDi° V. 1:u .3+ C:'1 ..: ~..5 .A C 1 .~ ~.1. l S_e.1 crall;.lj 2 x:1511 '1~ I '.^.',l'ON .^. V. .JIl ~J»°f ^ -7 >:..7.~1 c'.;. 1 'Y"l:l ° Dti ' Sp_ ...~ .. 1~.1~ t0 pD' TO O 5 ..1. 7 -.c S1 1. ~_ i ''> -.C:.i CJP C ~,1 SLv ~. .:D7 _::1 d_D:h o. : ch.. Vn, .- ..?li~,.1.,r. c:~ . >•.=k sh_Y1 be a~pli~. lU .. ~ • '. .l , t ~~w..n."• 1=:.."Y ptz$ an'~ °?' 3 ::a:lQ:S Sil ~j1 i)° S'oDpll~ 6y thG _:2::Jf 0h _t2 P.?50:.!1.h: p.1U: .J ~ .~•.~--SID ?i vDl: h2ve zay gn~tios of co;a.^;ns P!..z'c oo not ha::z_ ,o, co ;:ate r~c._ Sir_s:Yy, ~~•.~-' Tno :a G. Slevea ~~ i w i 1 ... ~.. ,. ,I.:' .. P.^ ~.... ~. ... v.., a .. Office Re: Benedict,; Dear Suzanne: f' ~. r,~.,..~, Sion resolution, requires the perimeter of the property a stop approval. As the genet 1992, this condition was to then to be surveyed and an. ~,. ~ ~., As we discussedawrth Tim T Lion No 92 419, the Stillwater Ranch general submis- ,_ ,.~~ ~. ~• nu~ig`anon ova trail ahgnment,along the northern a ninety (90) days o~the i'~ceipt of general submis- ~bmission application was approved on November 24, been met by February 22, 1993. The alignment was , ~ ~ ~:.«. moment conve`~ed ko the County. ~y during my pre=application conference for the new amendment, the applicant was unable,to meet the February deadline due to the seventy oz me time that the resulting delay in the conveyance t problem, the applicant is arguably in violation d approval. The alignment has now l~Men~atin the~fiet~c e tfail easement would not be a W,~. 1,.,,~. . cortd~tion of general'submtssto the applicant and Mark Fuller, (s. "T'1ie required easement has ,:~;, n ,, , ... OCGil JLLIVGycu, y...y ... .... ...... .. ---- ~"q-'~h°3 ,E ~~.3' c}c. nr ~.~-..~aw3~s i.. i Mark utdtcated yesterday that acceptance of the easement tt~ed not moccur at a„ BOCC public hearing, and that he hoped to have the chairman execute tfie easement later this week. .,,~. , It is my understanding that the Planning Director may grant extensions of, such deadlines when„they pertain to procedural as opposed to;substantive requirements. In view of the circumstances, I believe that this project is eligible for an extension. To preclude any future misunderstanding regar""ding this matter, the applicant ;respectfully requests that the, deadhne;tmposed"in connection with condrtton #5 be formally extended to one _(i) year from the date, of general submission approval, or 230 East Hopkins Avenue • Aspen, Colorado 81611 •303/95-69'58 • Fax 303/920-9310 .... :., ~ ~,:,.-. ..:~-~sr ,,. ,.a:.,.,... ,,, .,~,w~,-.- ~_ ~ a ...w&uJ ,.AfM..~ N... ua. -ac _. r m . „~, r ~ -ss ,e era.. a.+..r7`r § :.~, „W-~~ -, :. # /'d....~`^r4.w. „ ~,n, t, o ~.. ~ na;; ~. is ! ~ .. ~.. Ms. Suzanne Konchan ... .. August 3, 1993 Page 2 November 24, 1993. The one, year deadline is more consistent, I believe, with the A r ,,,..,,z requirements or ~ecnon o-~.w~u~~.~ny1 ~• ~••~ --~-->• p po ~ ~ on is acceytable, lea~e~si n in the s ace rovided below ands If the ro sed extend, p P g p p of the extension, p~ ase do nono h~ uate t call. ndstions, or'"wish to revise the terms Ydurs truly, ~ . VANN A CIATES Sunny Vann,yIICP SV:cwv cc: Join EIy, Esq. TmMalloy APPROVED AND ACCEPTED BY ~~~r ,.~~._; ,~ , .,4;,. ,_ ,+_ r,., ~.. i~ ,, r_ ~ ~• ~ ~ ~3 Suza Konctian ate Cou y Planning Director c:Wus~county.ltrUtt18792sk1 " ' ' ---_ ~. ,, m.~~,,.:~"~,kz,~~air~_.,:.~..kr ..:. •..yxti.. ..,m, s...v~~.. ii~~ira ray. .wn~~S.. ' '''9~ 11:Sb Fee ~ ~_~ 20 PG 965' 5iivia Davis, F~itF~in Cnty Clerk,'Dgc ~.`Ob RIVER TRAIL EASEMENT AGREEMENT ,..~~~... ~ ~ d .,, ;, THIS RIVER TRAIL EASEMENT AGREEMENT ~~ithe " greement"), made and entered into this //~ day of .GL ~~ 1993, by and betweeri'F`ASIENNE BENEDICT (hereinafter fef~ red to as "Grantor"), and THE'BOARD OF `COUNTY COMMISSIONERS OF_PITKIN COUNTY,"COT,OR11D0, as the governing body of Pitkin County, Colorado (hereinafter referred to as "Grantee"), W I T N E S E_ T_'H: WHEREAS, Grantor is the record. ,owner bf Stillwater Ranch Parcels_1 and 3, Pitkin County, Colorado; as shown and described'on recorded ta~n_~ i`~ ? Amend 93 P int of Stillwater Rand. Parcels Plat Book ~.~/ at Page ~ of the colle tvely ref erredste as thel"SubjectyParcels"") ~ andereinafter WHEREAS, Grantor desires by this instrument (i) to establish and to grant to Grantee a perpetual, non-exclusive trail easement across the Subject Parcels, over and along the frail algnment~more particulay y described on Exhibit d attache to~restablish de a part hereof b this reference, an ' (' ) certain restrictions with respect to said trail easement; and '' ' WHEREAS, Grantee desires by this instrument (i) to accept said trail easement subject to the restrictions se~_forth herein, (ii) to assume certain responsibilities in 'connection therewith, and (iii) to warrant and guarantee to Grantor that in all ~uttire land use applications which may be made for a Subject Parcel, the owner of that, Parcel will receive all credits and other benefits to which such owner would be entitled if the owner were dedicating the subject trail easement as 'a part 'of that lAnd"use application. NOW, THEREFORE, for and in consideration of the mutual covenants and„agreements set forth herein, and for other good and valuabl'e'consideratons, the receipt and sufficiency of which are hereby acknowledged, Grantor and Grantee agree a5 follows: 1. Grant of River Trail Easement. Grantor hereby grants, Y foreverrs for the Buse nandG benefit no~ts successors and assigns the 'general public, by quitclaim only and without warranties of title, a perpetual non- exclusive easement and right-of-way over and along a fifteen (15)' foot wide strip of real property which lies, seven and"one-half" (7.5) feet on either side of the centerline a1`ignment described on attached Exhibit A (hereinafter `referred to as `the "River Tyr"ail` Easement"). The foregoing notwithstanding, Grantee shall have the right to operate outside the River Trail Easement', occasional3y 'and' temporarily only, in the a;~ercise of 'its trail maintenance and r.. ,..,.,:.., ..gym ~>. ~~x f... nrsa.^~a~w,: raw ,re ~n 7::~r .~ ~, ,. ¢e-*?~ ~-+ v'ee- Nrv, .: ¢ ' ;~3CTS":S .'c/ i i.'93 :. i d 56 Rec $. OU Bkt 720 F'G 966 Silvia Davis, F'itk:in Cnty Clerk:, Doc ~.~JC~ mans ement re rocks dirt orpvesetationeblockinththeluse ofptheoEasementemming 5 g nor earthmoving necessary to maintain a smooth and; consistent surface and to 'assure effective ,drainage, and turning of maintenance vehicles'. Provided always;'tTiaxt no trail cutting or vegetation ., removal will take place outside of the River Trail Easement. It is ,_ ,~ . understood and agreed that Grantee's trail use;, signs and/or trail marker guides may also be installed outside of, but as` close as possible to, the'River Trail Easement. Any other activities or operations outside the Easement shall require the prior written approval of Grantor, or her successors or„assrgns. Grantee ,hereby accepts the River Trail Easement in an "as is" condition, subject to the restrictions herein contained, and ~ p nt defects or problems of any kind or subject to all atent or late nature., Such acceptance does not preclude improvement' or maintenance activities within ,the Eas~m~istA reem~ `~• - uch activities ma be allowed or re uired'b' ent, as s Y q y g 2. Primary and Alternate Trail Alignment. The River Trail, Easement is described"on Exhibit A in two, (2) different alignments, to wit, a "Primary Alignment'", anc~_,.an "Alternate A`lignment." Grantor and Grantee mutually acknowledge and agree that the Primary Ali nment is the most desirable route for the River Trail from t xowever, the Primary Alignment is interrupted ?by a parcel of lahe thatpistnot owned by Grantor n and Grantee expresslyhagrees toamas. a diligent and good fsuch easements astman be necessary to )connect p ( ) gm y g Grantee agrees untthe twog 2paseelentshof'the Prmar Ali nment: y ~1)pyearefrom the dage,nofpthiseggreement.a I f at the endeoftsad; ear Grantees dili ent and ood faith effort to obtain a connecting easement(s) is unsuccessful, Grantee shall have the., right to develop and use the Alternate Alignment as the route of the River Trail Easement. 3. Trail IIse Restrictions. (i) The River Trail Easement shall_be used exclusively p; motorized bicycling, roller bladng, for edestran non- snowshoeing, and cross-country skiing purposes, 'and for no~other' uses or activities whatsoever. No motorized vehicles of any kind ~. shall ever been permitted on the; River,Trai1.,~Easement, excepting such motor vehicles. as may be necessary from time to time for the construction and maintenance of the trail,, and', excepting emergency' vehicles when necessary. "' (ii) No camping, fires., firearms, or noisy or otherwise offensive behavior, no trespass onto adTacent private laaids, and' no commercial uses shall ever occur or be permitted on the River Trail, Easement; 2 i ... k ! ~ - W .., i . , ~, .... ...... .. ~ ,.. .,.,w x u. ,«~ y s _".^ .r+c:'~ wa^Ia+'c:,^~a,~,4.° , . ~ b '' y ~~"~' } ~ r : ~' n ~ #3°g888 c~8/ l 1 /4~ 11 q 56 Rec ~ ~~'~ Etk`: 720 F'G 9b7 ' ', FitF::in Cnty Cler4~, Doc ~.i7t7 Silvia Davis (iii) The River Trail Easement is hereby declared to be part of the Pitkin,County Trail System, "and the use of the River Trail Easement shall also be_governed by the rules and. regulations rv.+ M' and other provisions of Title IX of the Pitkin County Land Use Code entitled "Trails Regulations", as sand Tit a IBC may be amended from time to time, provided always that the provisions of this River Trail Easement A reement shall control wherever the are m P ., v~X.. Y Pre restrictive than the 'rovisions of said Title I 4. Trail Bridge Design and Constru acknowledge that 'Grantee mist eve~tually''cor across the Roaring Fork River„ either within (and the, connecting easement), or within the Grantee expressly covenants and agrees with G will be designed to be as small and simple as trail uses permitted herein, constructed of wood and rock,. and, colors in order to blend in as surroundings.' Grantor+shall ha the design and the plans and spy it is constructed, which app: withheld. 5 . R i' hereby assume groom and a attractive c its sole cos the owner of shall perfo trash erosion and wai for minor grad t a ion. The parties struct a trail bridge the Primary Alignment Alternate Alignment. -antor that the, bridge possible to serve the the bridge will be fly natural earth tone ble with the natural to"review and approve for the. bridge before not be unreasonably . responsibility for and ;'agrees to"ca`re fbr; ie River Trail Easement in a clean and. ~d in_ a good and sa~`e order anc~ repair, at nse, unless the need therefor is. caused by Parcel, in which case the responsible owner nce or care' so required. Grantee's ; s shall include; but not be limited'to, keeping the trail clear `qf rocks, ;t ions, grooming as needed, controlling d general care and maintenance. Except and the removal of small vegetation as, ,. hr's supervision in'each instance), the '.ation of the River Trail Eas,emerit shall , ad in any way: The Grantee may contract, necessary ~sun~ecL Lv w naturalAtopography and ~ never be altered or gist with a third party t requirements, which con requirements or relieve under this Agreement:. carry out these c ract will., not change the Grantee of ariy of .r alter any of these' its responsibilities 6. Enforcement: Signs and Gates. Grantee agrees to enforce diligently all covenants and use restrictions set forthaherein~and all other applicable rules and regulations as ',may be contained in ', Land Use Code, and to prosecute violatioins thereof.; ... Intaddit:ion, Graiito`r and her successors and assigns forever in the record ownership of the Subject. parcels,, or either of them, or of any additional lot, parcel or other legal 'interest into which Parcel '3 may" be legally divided in the future,... and, which is traversed by the River Trail Easement (ah "Ag"grieved Owner", shall a------ ---- '. ~. a.Ff~ n .._~rM 1h'^ .._ ,..w .,.r.. cJA::m .1 .0 Ta m.A . Y. .. lS..a:a¶Jil~! #59888 c~8/11/93 11:56 Fec s i>0 bK: 720 P6 969 Silvia Davis, F'it4::in Cnty Clerk:, Doc s•Csn disturbance thereof as a r ri hts reserved above."' 4esult yof thg, exercise of any ,of the 4 i,:. 8. Lana use Apptlcaclon ,sane=~~~ , expressly watrants and" guarantees'°to successors and assigns in the record Parcels or either of them, or of any ~~ ~..~_ thereof,.traversed by the River Trail Ease or future land~.use applications nvolv~, either of them or any'~iart thereof,, spec? limitation a GMQS submittal (if applica general; submission, detailed submission., 1043 review, building permit review „ or review,; the' land owner will receive credits and other benefits to which such'' the owner were granting the `wi'thin ~ftiv conclusion of and as a part of that lan before. In other words, the owner's apF as if the River Trail'Easeme'nt had not y that the affected,prgperty"can be~inclut s'e~ved. Grantee hereby a"grantor and to 'her ership' of ttie Subject dally separate portion t, ghat in all existing the Subject Parcels or pally including without and applications 'for d Final Plat approval, y other fonm~of special points, bonus 'points, ~,- an unencumbered state) for purposes of density FAR, and-for all other purposes that may be nec comply with the provisions of the Pitkin,County in effect. This provision shall not, prec futurenlandditional, trails or other concession q ~ g use approvals, to the exte~lt requirements are contain@d, in the„Pitkin„County . ~.:.., in effect. J116.!G1ViV3l, [J 1f4 aaV 3~ z shall be treated panted at all, 'so ze application (in reduction credit, assary in order to Land Use Code then ude Grantee from s as a condition to such additional Land Use Code then 9. Grantee's Obligations to Dezena iota narmtess ana Insure: Thn parties acknowledge'that t:he Grarstor is entitled to the benefits; protections and limitations on liability aff'grded by Colorado law, including C.F2.S. "Sections 33=4Y-10I.' through 105. Grantee hereby agrees to defend ,(including reasonable attorney's assi nsnd hold harmless"Grantor and her ,respective successors and, g in the record ownership of the Subject Parcels, or either, y p ed under of them or an art thereof to the full extent allow Colorado law, from and against any and all claims, demands, causes' of action, damages; losses, liabilities'., costs and expenses of any kind or nature (including those anyolving death, personal injury or property damage) arising from or incurred in anyway in connection with the use of the River Trail Easement by anyone,' including .,M.-,. y g py cepting any such claims or losses, whichrma f ariseedirectlubfrom the willful and grossly negligent acts of Grantor and her agents or employees, or other claims as described in C.R.S. Section 33 41-104(x). Grantee further agrees' _. _ __, r~... .., ccessors and "assigns in the ownership of to add Grantor (and her su the Subject Parcels or either` of them. or a'ny part thereof) as coinsureds on its comprehensive general liability insurance policy, which insurance shall be maintained by the Grantee to provide r .~ N _~., protection against liability from claims arising out of the use of the River Trail Easement. Such insurance shall be carried. in .;r.~. , ~,. _ ...~ 5 ,. " S: - •#359888 08/11/93 11:5b Rec ~.??b Rk: 720 F'G 970 Silvia Davis," F'it}'in Cnty Cler}:, Doc ~.0~> amounts not less than the liability limits specified in, C,,R,S. § ... ~ u, .,~..~ 24-10-114.(1), d's it may 'be amended from:, provide `Grantor and her successors and days advance written notice prior'to`caric Grantee shall, upon written",request them successor or assign, provide a Certii verification of compliance with these req The. parties foregoing, making defend and hold k losses or liabi agreement to so d under Colorado 1< 10. Attor2 enforceiaent `of became the sulj e and assigns in either of them party shall be attorney's fees 11. Bindi~ shall be binds hereto and the successors and i of the ~Subjeict' lot, parcel or legally divided Trail Easement.. with th'e title parts thereof. signed by Grant Parcels or, if then record o0 portion'(s) of Easement. me to tame, and shall ,...A.,. g lat on orh t rin ny (30) ation. ~r from, Grantor or any :ate of Insurance ''as cements. ~ " '"~ ~ ~ ` acknowledge that the Grantee is not, by the any representation about its legal ability to rmless the Grantor against ahy claims, damages, qty:'°°~"""'However';""F`G"rantee hereby reaffirms ,its :end and hold harmless to the full extent allowed he In t.~. s the record ownership o or any part thereof) 'an entitled to a.n award of incurred in, connection is Effect. This River ig upon and inure to tk :ir respective heirs, issigns~forever includin Parcels, or either of t other legal interest ii its A reement m and by the th ay on en re cel 1 is further ydi~ zt the interpretation or it P.greenient should ever r ~<~,. , ~ranto~ (or her successors the Subject Parcels or i Grantee; the prevailing its reasonable costs and . ~. herewith. ~~. ~ Uti~< , . . ,. ~ ~ _, ,- _ Trail Easement Agreement benefit of the parties personal representatives, all future record owners,. iem, or of any additional Eo which `Parcel 1'may'be: is traversed by the River ens hereog skull also run " .. ,"~.. ~ c~~, ~?~:~... .r m. _ .. and each ~of `them and' aIY • be amended by"a writing owners of the Subject in the futur"e: by the' ver Trail IN WITNESS WHEREOF, the parties have hereunto set their hands and seals as of the,day and yearlfirst above written. /!; . ~9 Grantor: ~•G~e~tc~ce~ ~,,«re Fabienne',B2nedict 6 _. ":. .: .... .. .......w~ H,. ... ..:..:, ,xr h;t'v~^h4:+M »Y!R2aw ^ .. las~?x4~'+~?S'rMk i ] «xun .. 3wpr„imsxo. 34°Tre~, ~. 1~'Jx ~ ~°*3 • 'k! .fm ,~ _ = 3 ~_: , _ _ f 4~ 11. ~6 Rec s ~ w F; 720 FG 971 ,..... .,i via Davis,.,, -'. ,. 1 , F'itk:in Cnty ClerF:, Doc s.~~0 ' Grantee: Board of Co„linty Commi of Pitkin County, C By man' ! ~ /< APPROVED_,AS TO_aFORM: ,~ ~ ~- i~ Pitkin County Attor~y STATE OE COLORADO ~ ss. ' COUNTY OF PITRI27 day of ~/~~ oing instrumen1993 S by kFabienne Bened ct~e this RITNESS my hand and offi i 1 seal ~-'~~-~/ My commission expires:.3~~~~'.S~/~~~~/_./' ~....Y~~~ Notary P lic ~~~~~//(/~~ STATE OF COLORADO 1 ss. COUNTY OF PITR2N 3 The foregoing instrument was acknowledged before me this /~C day of ~~i'.~~5-~ 1993, by ~Y/ 7u, f as Chairman of _the oard of County Commissioners of Pitkin County, Colorado. WITNESS my hand and official seal., My commission expires;: 3-~~-~ 6 L-L• ~~E~ ~' Not. ry $ublic ' >~' 11918.1 7 .. ~ ..... .. ....: :. ,„.::.u rs a..a ; e„.,*v.. tr.rsx.~#..:3+Kt:S~xeaaw++7.3X: a:aa .n v.. ar .. ; #-°9E^o8 v8/ i 1 /93 11 : ~b Fec $ vt? $k: 720 F'G 972_ , Si1vi~ ,Davis, F'itk:incCnty ClerF, Doc $.~w ' EXHIBIT A CENTERLINE DESCRIPTION OF ST2LL~3ATE32 RANCH RIVER TRAIL'EA'SEM~NT -, ~ r;. ,e~, r- , . i I. PRIMARY ALIGNMENT Beginning at a point on the Easterly boundary of Parcel 3 of the Stillwater Ranch Parcels, according to the first Amended Plat thereof „recorded in Plat Book ~ at Page ~ of the official ..~.. records' of Pitkinr bounty, Colorado, said point being South 05°07'40" West P 97.44 ,feet from 'the 1954; Bureau of'~Land Management (BLM) brass ca monument marked WP S18 T10S RS4W Thence North 33°57 45 West 76.82 feet• Thence North 18°32!45" West, 79.78 feet; Thence North 29°5,9°O1" West, 55.77 feet; Thence North 67°I4'24" West, 45.20 feet; Thence North 28°35"07" ,West, 133.17 feet.; Thence North 22°42'07" West, 80.40 feet- Thence North 07°16'54" West, 45.19 feet; Thence North 21°3'7'25" "East, 36.52 feet; Thence North 24°19'15°1 West, 86.49 feet; Thence North 74°12'34"West, 105.OI feet; Thence South 86°51'30" West, 211.08 feet; Thence South 73°55'38" West, "58`.11 feet; Thence North 11°07'48" West, 37.03 feet; Thence North 29'07'41".West, 46.84`feet to a paint of termination on the Northerly boundary of Parcel 1 of said Stillwater Ranch Parcels, s"aid point of termination being South. 85°44'49" West, 727.35 f2et from the BLM brass cap monument; and Beginning at a point on the Easterly boundary of Parcel 1 of the ' 11 ~ ap monument bears... Northw88e09R15c~FtestCe801.15efeetthe BLM brass c Thence North 52"38'59",,West, 148.20 feet; Thence North 45°26'30". West, 90.56. feet to a point. of termination on the Northerly boundary of sad'Parcel 1, whence the BLM brass cap monument bears South 79°39'58" East, 999.28 feet, said point being the terminus of said trail easement center line., .. i ....r _. .. ..,. -;xt.r r...~o- x.... ..+r-#s a a~m-~, &~,.~x~.sr ~+t~' ~"~ '"=Ya~S"%e'3 PRE-APPLICATIOR DATE: ~'~"~ ~-- /~ p PROJECT: APPLICANT REPRESENTATIVE'S OWNER`S NAME: 1. 2 3 4. 5. 6. 7. 8. 9. 10. i_, r .,. ~i ~. )T~ :, N COUNTY CON'~`E12°ENC'~~5'Uh)r1ARY ., ,ANNER: Tit fIt X tV^~ OlY1~CYl I.ZO,7~Q~ Typ$ of Application: Extension of +iasted Rights eASioh of ryest pe of development being requested: Request`s De 5' . _.. k extcribe action/t ed Rights for a single family residence. °, , ,. .m. .._ ,. +k .__ t y:. a: Areas in which Applicant has beers requested to respond/type's of'~eports requested: '_. a) Summarize loaf µconcerns which were initially reviewed ~`nd mitigation measures whic~~l wrerei appr°o'~~` b) Address the: criteria for 8sension of Vesting as C) SeCtlOn$ 4-14.~ 4-O anp q,~~ ar C n~. ~.oa..ucy.. Review is before: BOCC f_ Public Hearing: YES - Applicant riust post. a sign on the property foi`"the public hearing Adjacent Property Owners: Applicant is required to submit a ` P P y wners a)nd an_' addressed eriveiope " .-hu. E. _. t. _ . list of ad'acent ro ert o foY-each owner. ` - ~ ~ ,z , a ,_ r Provide Disclosure of Ownership: YES ~/ _f copies of the, application to be,submitted ~"7 Number o .. ;. What fee was, applicant requested to'submit,, 51,020 ak_~ for Planning fees and $l00 for County Clerk feed } o+kGl.Y d' COMMENTSJUN14UE CONCERNS. To'„.apply, please submit:, a. Proof of ownership '' ..~ .,, b. Copies of apps"o~~d Site Plan c.,. Letter which cTescr'lbes 'project and summaries the main.., . p re"v"iew and;, which outlines need"for issues from rior`` Extension of Ve5t~d Rights, using~the criteria from, Section 4-140 and any other inform"ation which shows a need for an extended vesting periad_ .~ i ,.. +K `^-~ r..va ;q ...i.y.:» N4C 1AMk+ <b"tr' s .m w n .,. - .._.,._..w . .. ' 2.=". ~. .. , ~ ,_ i d, Letter from owner giving content to'represent, if using a~r,e~p--~~jj seY~tatve. e• -~~g~"ecopies of application; two copies of ownership info; one copy of adjacent owners list with an addressed envelope for each adjacent owner f'. Application fee Y g. Copy of, this pr =appli ation su~ar "~ ~fJP.~' ' ~~BJ-~ ~, ~l~f 5~0~~~ ~~~ ~ ~ ~ ~„ ~ ~, , !/ rah . slw/fxk,:preapp.vest.exten ' ~. i. ,;:. ~' . -- ; y ip ,, .. ~ ~. 1~ MEMORANDTJNT TO: Board of County Commissioners ' THRU: Cindy Houben, Community Development Director ~/ FROM: Brian McNellis, Community Development Department RE: Resnick Extension of Vested Rights ~__ -. REQUEST: Pursuant to Section 4-140.30 of the Land Use Code, the applicant is requesting a three year extension of vested property rights for the General Submission and 1041 approval granted by Resolution No. 92-419 ' ' APPLICANT: Roll International Corporatiop S REPRESENTATTV`E: Dav ' ' ~. APPLICANT' id TvTylei of 1vlyler, Stuller & Scliw`arti P g y 82, LOCATION'sPen Cit2 limits antd thetePrrRan~h arcels on the south side of Hi shwa between the A p y e subdivision. '~ ZONING/LOT SIZE. The pazcel'is zoned AFR-2 and contains' approximately 36.62 ` . ~a. acres. .. <_ BACKGROUND: ` • The applicant received 1041 Hazard Review , General Sy mission, aged GMQS Exemption and Special Review approval of one free market dwellin and one deed restricted employee unit on each of the two lots owned b the applicant • The applicant also received (2) GMQS allocations for single family dwellings with a ~ ' score of 87 points. • The two parcels were deed restricted against further subdivision and a 15 foot public trail easement was conveyed to the County along the northern property boundary. • As part of the original approval, a Reclamation Agreement was approved May 18, 1994. The'agreement requires the applicant to undertake work to reclaim an old gravel quarry on the site. Completion is anticipated in the Suitinier" of 1996.' ' ' • requesting angext nsion until January 8~r 1999 une 2'9, 1996 and the applicant is STAFF COMMENTS: A revised Land Use Code became effective on June 12, 1994. Staff bas reviewed the previous approvals for conformance with current policies-and regulations. _____.__ ~. • ~. ~. ~; 41 HazardReview: The ro ert is ma ed for to " ' p p Y ~ Pp wand medium wildfire hazard; however, the approved building envelope for Pazcel 2 contains only low wildfire hazard. Wildfire: The applicant shall be required to apply the low medium wildfire mitigation ~w measures as defined in Section 3-86.70 of Land ~Jse Cod'e."'`fFiese wildfire` ~` mitigation „. measures are outlined in the conditions of approval: Wildlife; Due to the proximity to critieal~wildltfe habitat dogs s~iall tie prohibited"in `~ ~ - accordance with Section 3-80.80 2 of the Larid Use""Code. `~ ` ~)~ ) recorded on May 18 1994: Work m pursutt o~ ttie Rey Summerof 1995~and will~~anticipate complation~in the Easement and Conservation Easement have also been original ordinance. RECOMMENDATION: Pursuant to Sect Board approve the Resnick Extension of~~'es compliance with the conditions in the attacha previous approval: Resolution 92-4~9. ..,_ ,, reement was. approved and ~ri Plan began in the ;r of~l`~9~96. ~t~~W'intei'Trail ~~ ~ ~ ~~ ~~ shedin accordance witli`the `" ,.,,. conditions ,. ,,. _~. .. .. „ n_,~,~,.~ Resolution No. 96- RECITALS 1. Roll International Corporation (hereafter "Applicant") has'apphed to the Pttkm Count Boazd of Coun Commissioners ~"'` "` -`"`°` " " "` "' ` " '"` " '°" ' y ty (hereafter vBoar~d } lo'cdnsider an eztenston of .. vested, real property rights pursuant to Section 4-140.30 of the L,ati~fJse Code. " 2. The applicant was granted General Submission, 1041 Hazard Review, and GMQS ' Exemption approval by Resolution h7o. 92-~t19: __ .. Cit ltiutseand the Preseerty located `on tfie south side of"Htgliway`82, Between the Aspen y rve Subdivision more fully described as Parcel 2 of the Benedict "" Stillwater Ranch. 996, a3whiBchtime evidence and t stmony wars preslented withae pectno thisebruary 28,' application. 5. The Board determined that the proposed development meets the criteria " established in Section 4-140.30 of the Land Use Code, and, therefore found the'extension " to be appropriate. NOW, THEREFORE, BE IT RESOLVED liy the Pitkin"County` Boazd of ` County Commissioners that it does hereby grarit`an extetiston to fhe vesting period"for the ' Resnick property until January 28, 1999, subject to compliance wi~]i the following Resolurion Nop92-4 9 aat ached as exhibit fA~'Prexceaf as amended belowCommission ( ), p , 1. The applicant shall comply with the following landscaping and wildfire defensible space mitigation standazds: A. Brush, debris, and non-ornamental vegetation shall be removed within a minimum '10 foot perimeter around the structure. .. .. ~; _ ~,w., ,a," d~ B. Vegetation shall lie reduced to bleak up the vertcajF"and`honzontal ... - continuity of the fuels a minimum of 80 feet on the downhillVside'of"the residence and. up to 50 feet on the sides and the upslope side of the residence. C. Spacing between clumps of brush and vegetation within the perimeter noted above shall be a minimum of two fimes'the Tieight'of the`fuel. _ ..., .w . ~ ..,. ~; ~: .: ~ ~ .. Resolu8on No. 96- _,,.r .,.,, ; '- ' . Page 2 _, Maximum diameter of the clumps shall not exceed `10 feet. All :,. w...~„ .. , measurements shall be from the edges of'the crowns of the fuel. D. All branches from trees and brush within the perimeter noted'above shall be pruned to a height of 10 feet above the ground ladder fuels from around"` " trees and brush shalFbe removed.` E. Tree crown. sepazation within the perimeter noted above shall have a minimum of 10 feet between the'edges of the crowns. ' F. All branches which extend over the roof'eaves shalY`be'trimme$ and all ' "' ' branches within I5 feet of the ctiimney shal'1"be reistoved. G. The density of fuels within a '160 foot periteter of fhe structure shall be reduced. . H. All deadfall within the l00 foot perimeter shall be'removed. ` I. The applicant shall be responsible for'the'eoneinueil'maintenance of the ,7.. , , ., _ ..., . ..i ... .. defensible space vegetation requirements. 2. The applicant shall comply with the following additional wildfire mitigation standards: A. Roof construction shall be Class A, non-combustible material with no flat ' roofs. B. Vents shall be screened with corrosive resistant wire mesh with mesh 1/4 inch maximum. C Roofs and gutters shall be kept clear of debris. .... ,,. D. Yards shall be kept clear ofall 1i~ter; slasf~ and flammable debris. E. All flammable materials shall be stared on a parallel contour a minimum ,, ~ . . of 15 feet away from any structure. F. Weeds and grasses within the lb foot perimeter shall be maintained to a height not more than 6nc;les. "~ G. Firewood/wood piles shall be stacked on a parallel contour a minimum of - .. ice. ..,~ ,,- , ~ ,a„ ~~ e _ ~„ 15 feet awayfrom the. structure. H. Swimming pools shall be accessible for fire department vehicles. T. Fences shall be kept clear of`bru'sh and debris. 7. Wood fences shall not connect to the structure. K. Any outbuildings or additional structures shall adhere Co the same standards as structures. L. Fuel tank shall be installed underground with an approved container. M. Propane tanks shall be installed according to 1~FPA"48 statidards'arid on ,. ,. contour away from the structure with standard defensible space vegetation mitigation around any above-ground tank. Any wood enclosure around the tank shall be constructed with materials approved for 2 hour fire-' ' resistive construction on the exterior side of the walls. N. Each structure shall have a minimum of one SO pound approved ABC fire exfrnguisher placedin a visible and~accessiblelocation. O. Addresses shall be clearly marked with 2 inch non-combustible letters and shall be visible and installed on anon-combustible post. ~' ~' Resolution No. 96- - Page 3' , , P. Utility lines shallbe buried: Q. A residential sprinkler system shall be installed. 3. `Dogs shall be prohibited on the property due fo proximity to critical wildlife ` habitat. .: ; ; ~,,. 4. All fences shall comply with Colorado Division of Wildlife stazidazds: A. Mesh or wooden fences are prohibited. B. Fences are limited to a maximum of four (4) strands of wire or three (3) ' ,.. rails. No fences shall exceed forty-two (42) inches`n Height. 5. Any development on the subject property shall be required'to conform to all other provisions of the Pitkin County Land Use Code rn effect at the timeof this resol taolnexcept as otherwise modified in the other conditions outlined in this 6. The applicant shall continue work on reciaiming'the gravel pit as outlined in the ,.~~ . ,, Reclamation Agreement approved by the County'oti'l~f`ay 18; `i994.' 7. The applicant shall receive approval of afireplace/woodstove permit by the 'Environmental health De artment before `a buildn~ ' erm'tcan be issued P gP 8. The applicant shall adhere to all material representations made in public hearings and in the application. 9. Any development on the subject property shall be required{to conform to all other ,.: - ~_ pYOVisions of the Pitkin County Land Use Code iri effect at the time of this approval, except as otherwise rraodified in the other conditions outlined in this ~ ' resolution. APPRbVED AND ADOPTED ON THE 28TH DAY Q~~`EBIt17AR"Y,`1996. '` BOARD OF CbUNTY COMMISSIONERS, ' l?IT'I~IIV COUNTY; COLOIZ?,~O" ` BY James R. True, Chairman j DATE _, .:, ~a. .,. ~ ..~_ ~ .o ~, _ . . ;:,t. t .~. ~~ ~ :~. ~~.~:~,.~~ APPROVED AS TO CONTENT: APPROVED~AS TO F012Tv1: ~/A`~ ~,.. Cindy Houben, John Ely, County Attorney Community Development Director M 3 - ' i. ' MYLER, STULLER & SCHWARTZ ATTORNEYS ATLAW DAVID JMYLER, P. C. SANDRA M.STIJLLER, P. C. ALAN E. SCHWARTZ 106 S. MILL STREET,SUITE 202 ASPEN, COLORAD0816I1 (970)920-1018 FAX 920-4259 Jamsar]' 4, 1996 JAN 4 ~ 1~7~b Francis Krizmanich ~:;f~,_~>(~~+~~-~°~' Aspen/Pitkin County Planning Office 130 South Galena Street ~4~,~"~~.a)s;~ Aspen, C0 81611 RE: Parcel 2, Stillwater Ranch Parcels, Pitkin County Application for Extension of vested Rights Dear Francis: This application is to request a three-year extension of vested rights for the above-referenced property owned by Roll International Corporation pursuant to Section 4-140.3 of the Pitkin County Land Use Code. In accordance with the pre-application summary, the following documents are enclosed: 1. Two (2) copies of Resolution 92-419, adopted by the Board of County Commissioners on November 24, 1992, granting General Submission and 1041 Hazard Review approval for Parcels 2 and 3. 2. Copy of letter dated November 8, 1993, signed by John M. Ely, Assistant County Attorney, which states that the vested rights and the GMQS allotment for Parcels 2 and 3, Stillwater Ranch Parcels, will expire on June 29, 1996, unless an extension is approved. The applicant owns both parcels and is in the process of completing a single-family residence on Parcel 3 at this time. 3. Two (2) copies of an adjacent property owners list with an addressed envelope for each owner. 4. Original and one (1) copy of a letter from Roll International Corporation which authorizes David J. Myler to act as the corporation's representative. 5. Two (2) copies of a Warranty Deed dated January 14, 1994, between Fabienne Benedict as grantor and Roll International Corporation as grantee, recorded January 14, 1994 in Book 738 at Page 886 in the Pitkin County records. _ .:~;~z MYLER, STUI.LER & SCHWARTZ Francis Krizmanich January 4, 1996 Page 2 6. A check in the <~mount of $1,244.00 payable to the Aspen/Pitkin County Planning Office, which represents a $1,020.00 planning fee, a $100.00 County Clerk fee, a $62.00 engineering fee, and a $62.00 environmental health fee. 7. Twenty-four (24) copies of 1041 Hazard Review Plat recorded December 2, 1993 i.n Book 33 at Page 37 of the Pitkin County Records. 8. Two (2) copies of the pre-application summary. In support of our application, please consider the following: 1. In order to accurar_e1y and thoroughly assess the impacts on Parcel 2 as a result of the construction of improvements on the adjacent Parcel 3, the applicant prefers to delay the construction of a new residence on Parcel 2 until those improvements have been completed. Following completion, a more compatible house design and site plan for Parcel 2 can be developed. 2. The applicant, or its predecessor, have satisfied all conditions of approval requiring performance prior to the expiration of vested rights. In particular, we call your attention to the following: a. A Reclamation Agreement was approved and recorded on May 18, 1994 (Book 34 at Page 47) The Agreement requires the applicant to undertake and complete a substantial amount of work to reclaim an old gravel quarry. Work under the reclamation plan detailed in the Agreement began in the summer of 1995 and will be completed in the summer of 1996. Approximately 4C~o of the area affected by the reclamation project is located on Parcel 2. b. Parcel 2 is subject to a Winter Trail Easement. for the benefit of the public. c. Parcel 2 is subject to a Conservation Easement which restricts any further development or disturbance of existing vegetation within the Conservation Easement area. d. The applicant participated in the preparation of and approved an agreement to protect access to the Shadowwood Apartments for existing de facto affordable housing units located thereon. _,_ MYLER, STCJLLER & SCHWARTZ Francis Krizmanich January 4, 1996 Page 3 3. In anticipation of its development of Parcel 2, the applicant has provided direct benefits to the County. The applicant voluntarily amended the Winter Trail Easement to adjust the location of the trail in order to avoid potential snow slide areas"and to allow for continued use and enjoyment of the trail by the public. Based upon actual experience with the new alignment, the applicant has agreed to consider a new permanent alignment following the end of the current winter season. The applicant has also made improvements and repairs to the dam at the North Star Preserve and the dam at The Preserve subdivision, while repairing the Pine Lake Dam located on Parcel 2. The repairs were necessitated by the flooding which occurred in the spring and summer',. of 1995, and should prevent a similar occurrence in the future. These improvements will benefit the Benedict Stillwater Subdivision and downstream properties by controlling future flooding. In conclusion, we believe that a three-year extension of vested rights is reasonable and justifiable under the circumstances. If you need any additional information or have any questions, please do not hesitate to call. Very truly yours., MYLER, ST L & S HW By: David J. My DJM:caw Enclosures cc: Elizabeth Coccari resniek\kriaman2.ltr ;. Parcel ID # 2737-184-02'-002 The Aspen/Pitkin Environmental Health Department has reviewed the ,' details of the Resnzc~ application under the authority of the Pitkin County Code T~t~e Tr Land U od and has the followi~n y-,,.,~ comments. This"zs for Parcel 2 St« ' illiaater~ Ranch Para ~ ~ ^~~ ~~~~ .~ . <., g els, owned by Roll' International Corporation. ADEQUATE PROVT rON4 OR ~TA'T~ R'fti~'`15'C ~a""r `r,r; ~+ X70 and a...i,,,~ 4. ~„ ^It rs the policy of the County to insure the availability `of"a wares supp ly~~o£ adequate quality, quantity, ~' pressure and dependaDihty for fireprotection^^and support of a proposed land use rior to a ' '' P pproval of the use The County s7iall requnre land aces to hook up~eo exnstingpublic systems sf service rs available. ' P 7 lines of the City of Aspen.. 5 P agreeetohservelahearrorect canvbeeissued, the applicant must rvp j „with Waintent to serby the City of` ' ter rovided vice the propo- As en and rovide a letter of p p sal... as defined in the pitk n Co~nry`r ra m, ~P rT "rangy r '" - ~_~ ._ ;.. .. usedsandcthatnthe timngoofWanyrspriaklerisysteeriscaping) be ms be decreased _: P State University Cooperative Extenszoriaofficeacan behcontactedofor more information on ' xeriscaping. ~' a9 ~~, 1~m ..~. rfan ~,. .,ate ,_ ,~, -.. ,;., r- ~. r i _,., ~ : ,. Without meeting this requirement a building permit can note be issued. ,;, SEWA ~' A'1"M~1~T AR1 r dY"Y `F~'~.'F''7"01~: ~r,~ .~~ o».. _ia .. ~ ;, ,. ~:-- 80 ~ and~~~" ~ i p ~~S "It ~s the policy of the County to ensure that adequate sewage treatment facilities are available toserve ~ existrng and new developments. Public and private sewage disposal systems and connections to such systems shall comply with 'the sewn a dis oral "-~ ~~ '~ '' g p guidelines of piCjcrn CouriEy~s Tndrvrdual Sewage ~Dispbsal System 32egulation.^"' Lots i 'n this area are. served by the Aspen Consolidated Sanitation District. The applicant must agree to serve the project with ublic sewer as rovded b the As en Consolidatep Sanitation p ( p P Y p ., pp District ACSD) a~g ~yvide dpOCUme~tation that the a licant and the service a enc are mutuall bound to the ro osal andm that the service a enc >_s ca able of serving the development...~~ ,, __ ._.C~r~ty Co , .: .. . ., as definedih the Pi ~~k'n °~, ~ '~- ~~~ ~» ,.,. .,_ d m';"lP TT' T"and Use'C~c]P A;condtion of'approwal for this appliCatonre', of documentation that the project wrl`bey"~se~v before a building permit can be issued. ^It rs the policy of the County to preserve a$d protect its present wateY reSOGtcee, `recogni semi-and character and that srgnificant trans`mountaln andtransbas mdrversronsand the ves senior appropriators rn the basin have materiaTIy curtailed t`he avai~abilr~y of `an`~alreadp's resource To"Ehre ends"ie '~s the~po'l icy ~of'Ehe~'COUnt"y fhat~rio land ~u's6"~e ini£iated 'whrchwou the quantrty, quality, or accessrbrliey of the County s water resources; or'which won id ocev established'"2uater`depetYdent "agricu~.tiiral actrvCres cr which would result m increased sal resources, 1os s of m2nrmum stream" fl'oiae,''furtliex ~destzuct'~' re~cqurre or redrstrrb9to major water resourcesi' it ns al n of oii l'dYife'S1a"~rtat';' or mal or ~e so the policy of 'the County to mai ve etative buffer alon its surface waters such that the surface and groundwaters of the are encroached upon by land uses or other human activi ores which could cause deeeriosat'i.on of wa impar r. the nattiral treatment processes pfovi dedby meadow5'`hnd wetla6ds J' LE reCelpt ~y ACSD ' ' ,., ti ~ ~ I, ,.. ng the ~COUnty's ~' ~~ " d rights o£ rce water ~ ~ adversely offect ~ at the expense of zatron of wares '' nflitiures to ~ ' 3rn' a h$tural~ ~ ~ ~~ HYe'not r quality or The Environmental Health Department is charged with preserving and protecting the quality of Pitkin Couhty~s water resources. Since a'large percentage of the population is dependent upon water from wells, elminationµbf groundwater pollution, and .. ~ ~ rotection of a uifer's and their drainage areas p q are of utmost im ortahce. Roofs and as halt driv P , p eways can be nonpoint sources of water discharge whch'can contaminate water°supplies. This Department recommends that honpoint sources of discharge must be retained on the property of origin which can be,.accomplished throu hn.Iandsca ge"patterns, detention ponds, and dry ,.:: , . wellsgfor waterprunoffrfrom buildings. '~' I 4, _ ~., ~ •~ sewa e disposal sostems to by horizontalwdistanceaersancreeks~mpondsg and peservoirs. Manimum s_between components of a sewage disposal Y Pitken'and ph sical,features must be in„accordance with the w _ ~.._ County Sewage Regulation. This Department reserves the right to require water quality sampling'at the homeowner's expense. This application is not expected to impact down stream water quality. Surface water and groundwater contaminatio 1 . ~, ,_ , .~,~~.. a . , ,. ~ ,K.~K. ,.,„~. ...,~ , .. .:. ~ ~ ~. ,..,e,..,. A'cOnditon of~approva7: for this appiication is: NOME ,, ATR O IArrmv• ;nn~ ~ i 0 and 60 "Only chat development is permixted which will not contribute significantly to degradation of air quality. ~ ' This project is not expected to contribute significantly to degradation of air quality in Pitkin County. Activities such as road building and landscaping require~a Fugiti<Ye Dust Plan. This plan would need'to include., but.ie not limited'; to, fencing, watering of haul roads and disturbed areas, daily cleaning of adjacent paved roads to remote mud that has . P g ,properes necess'd'ry" to __. preventrwindblown dustdfromlcrossiiiot`the measurty line or causing a nuisance. Y p, ,. A condition should be approval b the As en/Pitkin Environmental Wealth DeparErii~nt of`the fugitive dust control plan, containing enough measures to ensure that dust does ' nat become a nuisance,'or blow onto adjacent property. The applicant must file a fireplace/woodstove permit with the Environmental Health Department before the buildi"n ~" "' "' " g permit will be issixed. Metropolitan areas of Pitkin County which includes this site may have two devices: either two gas 'log fireplaces, two certified clean-burning woodstoves, or one of each. Each building may also have unlimited numbers of decorative gas appliances. New homes may NOT have wood burning fireplaces, nor" '. ,_ `,' ~, "It is thepolicy of the County to ensure thaC no use or developmentof Land is.`permitted which is'ih violation of the 1aweof the County, the 9tat e'Of Col`or3~o',~'os C~he $ni~Cea ~Statps 'oP Amer i~oa." otherDepvironmentalnhealthr'laws any issues of concern r~zdarding NEW..lui.929I8402. 002 j. open space tsoara ,_ ,, ,. . _. _. , ;, FR©M: Fra~ncis.'Kiiimanch, Community Development Department RE: Resnick Extension of VestecT Itig6ts ` ` Parcel ID #273'7-17~ 00=00~ `~ " ,, , " , { . ,:- K DATE: January 8, 1996 . ~ __ ~ ,. y wand comments is an a su mitred b Roll Tnte ~ orp. Attached fdr our revie p l~ _ ' y " ~ rnattonal~ C~~~ ~ ~ ~ ~~ ~ ~ ~ ~ Please return your comments to me no later th February 9. Thank yous~ ~a"`"~ ~ld~e~lnl~Qo~,z ~~e nd'C .~`-~,U,~-e.cr~e~,~Pd ~m C~(,~e~r..~~ w1' /~~ c;~co , f;3 ROLL INTERNATIONAL CORPORATION December 20, 1995 ~.y Francis Krizmanich Aspen/Pitkin County Planning Department 130 Souti~ Galena Street ' Aspen, CO 81611 Re: Application'for Extension of Vested Rights Pareel 2. Stillwater Raric6 Parcel§ ' Dear Mr. Krizmanich: -- S. ELIZABETH CoccARl Uce Presitlent & Treasurer Please be advised that David J. Myler of Myler, Stuller & Schwartz is authorized to represehf Roll International GorpoYation in connectionwith its application for an extension of vested rights for the above-described property. Very truly yours, ROLL INTERNATIONAL CORPORATION S. Elizabeth occari Vice President & Treasurer SEC:II Bioz Teleflora Plaza • 12233 W Olympic Blvd • Suite 380' Los Angeles ~ U 90064 ~ (3101442-5700• Mailing Address: P O. Box 301!9 Los Angeles• G4 90030-0119 ~ Fax: (3101 20 7-1 5 57 Dave Myler Myler, Steller & Schwartz 106 S: Mi11 St., Ste. 202 Aspen, CO 81611 , ,, , Re: Resnick Extension,of Vested Rights Case #P1-96 Deaz Dave, The Planning Office has completed its preliminary`review ofthe captioned application: We have determined that this application is complete. eview at a public hearing by the Board of County Commissrone soon 4Vednepday tFebruary 2$, 1996'`at a meeting to begin at 5:00'P:M: Should this- ' date be igconvenient for you, please contact me within 3 working days of the date of this letter. After that the agenda date will be considered final and changes to the schedule or tabling of the " application will only be allpwed for unaboidable technical problems. 'The Friday before the meeting date, we will call to inform you that a copy of the memo pertaining to the application is available at the Planning Office. Please note. that it is your responsibility to post the subject property with a sign within I S days of the public hearing and to remove it from the property within one week following the hearinb ' Please submit the enclosed `Affidavit `of IVoiice by lsosting as proof of'compliance with the Code' prior to or'at the hearing. '° If you have. any questions, please call Francis Krizrhanich, the planner assigned to your case at 920= 5103. - ---; - ~ ------Py-- ~- TMF/irh _ a= t' ~-. ~. 7 ix, Pit Novetnbe 8, 1993 Mr. David J- Myler, Esq. Myler, Stuller &, Schwartz 106 South Mt11 Street Aspen, CO 81611 Re: Expiration of Vested Rights and GMQS Allotments - Parcels. 2 and 3, Benedict Sffilwater Ranch , Dear David; ;,. This letter will confirm the opinion and Office with regard to the effective dates for 'the the ° Pitkin County Attorney's n of, vested rights and GMQS allotments regarding the above referenced property. In general, the period during which approvals are vested under Section 6-5.7 of the Pitkiri"Courity~Code commences on`the date of the last resolution or ordinance adopted by vote bf the Board of County Commissioners granting or amending a previously granted approval of a. site specific development plan, and expires three (3) years to the day thereafter. I have reviewed BOCG Resolution No. 92-419 adopted November 24, 1992, which grants Geperal Submission approval and 1041 Hazard Reviews 'for Parcels 2 and 3 at the Benedict Stillwater Ranch as well as BQCC Resolution No. 93-131, adopted June 29, 1993, ' which amends Resolution No. 92-419. I have also reviewed $OCC Resolution No.', 92- ' 388 which awarded a residential GMQS allocation to Parcels'2 and 3, It is my opinion that rights under section 6-~.7 of the Pitirin County Code vested on 3une 29, 1993. Both ' the vested rights and the GMQS allotment fof those paicels w~l expire on Jtine`29, 1996, unless an extension is approved in accordance with applicable regulations. Very truly yours, '----_. %~ -,` John M. Ely Assistant County Attorney JME/jch jc1L69 a tr County m 'SSipners Coun f ney Personn ~Fnance a T~ ~~n 530 E Mam 3rd door S Suite Sutte I , ~u ~ ~ • a FacPlines Aspen, CO 815'11 SOfi E. Main Stree4 530 E. Main Street 530 E. Main Street 76 Service Center Road (303) 920-5200 • Aspen, CO 81 fii 1 Aspen, C0 81577 Aspen, CO $1611' Aspen, C0 81517 FAX 920-5198 ° (303) 920-5150 ' j303) 920-51'90 (303)9'20!'5220"~ ~ {3tl3f920 5390 ' q~prinred on recycled paper, policy of expirato ,., ._ ..-~ Itou„ui,l- 11365812 ul:i' "Y9~ 1 4'~ fteC t1e.. (u1 } k 7°'~ f'Ci 886 ~ ~ ~,. ~. N pl on N:, .bilvi.= pa' Fattrn fnty L.Y~+h~C`~ Dec 4^. Inr {{ ' ~~ ~ ~ tvn KRAN7Y DL2U I '1'11 F5 Ulil II M~ I: 1hi. 14Lh I Y r aauuary 19 r34.1 I FaY>ienne Re neA ict lU r Q RI 11 nl p A! ii m' d n tl ~~ L q) QI GI 'a om I" L K 8 L IY I-- ,1 the "< II n Prtkrn , u:nc ol'C I rnl. Prrcr I Roll Tntcrna li.,oual Corporatron, - --- .t nlpnnlloll urpnn,zen vnA cai•llnP u Wr , ul F~~ n c d Ihv I w+ol Om $I:ec of 1.re~awar~ .... , prom I :e IepnLnddrenP Is 12233 W- Olympic Rlvd., SurCe 3R0-; Los .Angeles, CA 9006A l\'1'I'NI SSCIII, II.111 1 I .I +cA I I 111 I NHFL~HtS. ITN UOI LARS (510 00) and other gold and valuable con5iderata.On Ucreccill I fft ~ f l b Icdly k le ly I ri:g [ I I rR~1k1 X9n J Ivcy21 IIy II clrccl o E 'I b P y ilh engvcy end va rh , . , m tl r g nee Ia vi < , , + nN , iE . I cv+, dl of 11ii. rc 1 I I ny I ,PCII 1I 1 ~ c 1 f y +,mmc II ug;'An .md 5hiie' f C l , cu I c l f dloxx. Fmin llm C„niny .,l PITKIN~ ul, Ic, g it Parcel 2, Sti Llwater Ranch FarCels, according Co tle 4'irst Amended Plat thereof recorded De 1 e>er 2, 1983 in Plat Book ~~~ at"Fa~je` 34 cf the Pitkin County records -c,lmim NYNeN I Fa~ 1'Q(I 1111 R 'J 11 1 f l 11 I I I P I 1 11 I n I M I P p ) e l1 I f III cr 1 n rem k I I 1 III I'I II I l ien II p11111 I I li 111 I I~I fllc p J iTtl h IIV cSi 11111 +tc I I ly r n n I cl f II c w rr,rcva n nhJNO to nonnl i1r I I T I I I Y 1 n l1 In n l 0 1 n E I t I e to uml n F 1 f l Ill Ir IIK1 I{ w 11 1 4 111 A I F cl I n n E i s I He a 6s Ins p 0 1 lilri III I ), ) I I ~-f lh I c Ic II I fUiep 1 c 1 1 11 P I p lfccl. xhohl 1111ef. h4 111f Icfl tc I+ulc.ll lk 111 I,ad pll Ll 111 mrra tll fl ltl fyl p11n1 )_nsll Jeunvcj the xnl cl i1 r nnf I I e I +1 III nbc 11e Llf tc tT<I v('1`m (17 n41n Ir) Iher gr un Mrp1 v I he v,l+xea sseament+. 11<c+. Il mv1W, 1 p and sab7 eck to Chdse''inaftexs"'se't forth cncun,l ,I xh ¢... 1 I r larrc .iic cr Nli c 1 {::rc %.. on Exhib\t A attached hereto andmade a pant hereof by this reference, 'I'h P nal d.ll ,nl II RANIinN'InNUIUIll VI Ii UI II NUII I vl P xllrc e. n 1 el ulpe Ilel zeesiol rrllc Erenlev ilx en + I sips F 1 II li )her ipr. I III} lnni 411 1 Ic rti y nlec f TI '1 Ptl nlrcl hll uh lkllspl 1 Oc ploul lL'c FIv +nA lhcl euf nny Euklu +I ap he lpll nlilen If ~eudels. IN \V 1'1'NI~:Sti H'I1P:Itl<U1~, 'A'hc prumrz ha. cxconcd STAN] UI* rOI gRAI)O. c ,~mr ..r Pitkin 9'he fawgoing inannilcm wn,. naknawlglgl;J Iralnc nm Ihis I1r Pabienne Reiled is C. , `~piyrgiv;(ftnir:: e.I,nrN ~.J...rz_ `~ +\~~~^~ I : ,'.. Ll x. .. \~"`CJ nny.,f Janq'ary .IV 9+~ .~ - .y.1'1'NIIS.{•,liy.lend ann nllici:n seal. / ~ ~ •' ~ ~~ Nrnnv Ibbl r r ~~G +' .......... fib' ~ ,~v ,f'ICiF 1~ arc•Y1ncr1'T'iry and _ _ -_ a.1 X': ,.~1 1. No. q52 lieu IAS, rvnltlenrvlvlrllii uA< I I 11,n III n II Wf J1 II ITT 1 W rl4,z LnA 1~( NIRLIL_ m11 Er~,PWX, ,^„'~"", .i .. . .. ~. ..ten ..1 .... , IAA. I~.a- , .gyp w .w I, }-J.r Y. S ... ~. it'.if P1;` ~~ 1~1/Vii 1,.^ 4~ Fier. 6f.`i. laQ 1?F' 38 887 ?;il vi,,, ra.fkin F:n ty ;l err-„ Dn~.. t381 BRHIHIT A Exceptions from Warranties of Title i. General taxes and assessments for 1994 and subsequent years, andany tax, specia l'a`sses'smefit, charge or lien imposed for • y pecial taxing water 'or sewer service or for an other s district. ~ ' 2. Right of way for ditches or canals constructed by the authority of the United States as reserved in Patent recorded in Book 55 at Page 196. 3. Basement for access a5 set forth in Deeds recorded in Book 275 at Page 222 and First~-Amendme~~ thereto reboY~ed January 11;' ].993 in Book 700 at Page 184 arl'd Second Amehdment thereto :., recorded July 16, 1993 in Book 718 at'Page 23O: ' 4. Gas Pipeline Easement, Agreement as granted to Rocky Mountain Natural Gas recorded October l5, 1987 in Book 548 at Page 285 and Gas Pipeline Basaeu~n"t Agreement (No. 2) recorded October 15, 1987 in 8ook_548 at Page '290. 5. Grant of Easements Agreement as granted to .Aspen Preserve Limited Partnership recorded December 7, 1987, in Book 552 at Page 487, and Quitclaim of such easements to City of Aspen recorded January 20, 1988 in'Book 555~at Page'395'. • closed on First 6 AmendedtP latioftsubject property recorded onl$ec2mtie'r -2, 19'97 ' ,(//''''\/ in Plat Book 33 at Page 34. (I 7! TerrOS, conditions, provisions and all matters as set f orth in UUV Winter Trail Easement Agreement (Restated)`recbYde3 Augus$~il, 1993 in Book 720 at ~Pa ge 974'and rer@corded December 2, 1993 in Hook 733 at Page 485. ' 8. Terms, conditions, provisions, obligations and all matters as set forth in Resolution of the Board of County Commissioners recorded January 26, 199`3'~~in Book 701 at Page 997 as Resolution No. 92-419. ', ' 9. Terms, conditions, provisions, obligations and all matters as setforth in Resolution of the Board of County bommissioners recorded January 27, f993~~ in Book 702 at Page 110 as Resolution No. 92,-388,. l0 Terms., conditions, provisions and all matters as set forth in River 'Frail Easement Agreement recorded Aucjust 11, 1997~in Book 720 at Page 965 and rerecorded December,, 2, 1993 in Book 733 at Page 476. ( 11..~ Terms, conditions, provisions, obligations and all matters set ~~ forth in Conservation Easement recorded December 2, 1993 ih Book 733 at Page 49G. 12. Terms, conditions, .provisions, obligations and all matters set forth in Access Road Maintenance A reement r 2, 1993 in Book 733 at Pag•e~~'504 . 9" ecorded December 13. Terms, conditions, provisions, obligations, restrictions easements and all matters set forth in Protective Covenants ' ' _ , '93 in Book 7~3-at for Pine Lake Parcels recorded December 2 19; Page 510. ~. i 1 Building envelopes, notes, and all matters shown on Pine Lake 1041 Hazard Review Map recorded December 2, 1993 inPlat Book 33 at Page 37. ~ ' .t .. 5 : ,~ .., { 15. Terms, provisions, conditions, obligations and all matters as set forth in Resolution of the Board of bounty Coin4nissioners recorded August. l7, 1993 in Book 721 at Page 529 as kesoluton No. 93-131. 16. Building and zoning regulations. #h 'f:~`_~F31. ~~: 0i./J. 4/94 1.^_;45 Rec '3~15.ii; Bh, 738 i'C~ 888 ~ilvi ? 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"~ ?i ~ a ' c CaiY~c 3 -s e.., ' ' i .: O Lis. PNMC 'RJI°Y YY~S YC . yi d L ~ A. ~° 3 ..._ .. y,:,,e ~~, :.. _ ~, _ +.., r r, f ~. 1 _.. td2~"~ ~ County of Pitkin } AFFIDAPIT OF NOTICE BY } ss . P08TZaiG OF A FQBLIC ~as~ T**G State of Calcrado } FOR A PITRI~t COIINTY DE4ELaP2~NT PERM2T A_pl an 's Signature 5ubscrib d and swor:z to before tie this ~a,~~ ay of ~~~~~ lsg.~ by ~i~r ~/1~ WITNESS MY HAND AND OFFICIAL SEAL. My commission expires f~'~ 9~ ~ ~~ ary P lies Signature ~ „, 41 '~ a ,L ' r~ ~~ J~! 1 ~ .~ ~1 t~ ~ ~r~ a{f F t Pa• ~~ f ... ~~ 1, The undersigned, being first duly sworn, deposes and says as follows: I, being or representing an Appl~.cant far a Pit]cin County Development. Pe_~.it, personally certify that the attached photograph fairly and accurately represents the sign posted as notice of the public hearing on th_s matter in a conspicuous place on the subject property (as it cauld be seen from the nearest public way) nd that v~ ~~ day t:~e sign was pasted and ~s~.ble ccnta.nuausly rrom t;~e _ of dY~ ls'?~, to the ~-`~ day of /'~~Y'~ , (rust be posted for at least 15 days before the public hearing). 1. Fabienne Benedict 1280 Ute Avenue Aspen, CO 81611 2. LVhite River National F'ore'st 806 West Hallam Street ;Aspen, CO 81611 3. Aspen/Pitkin County Housing Authority 530 East Main Street Aspen, CO"'87611 4. Roll International Corporation 12233 West Olympic Boulevard Suite 380 Los Angeles, CA 90064•° ...:_ _. .. ...: .~ .. .. „: ._ '. «....,, :x:. ..rc»emw ,+N.f ...<..va J www.~.~.i~ii`ae: 1 'v '~ .~._ leu. ryMt~ a i ~ n :.... } ".v ~1Z` ~ ~ y ~. ..Y• '~ ~ '~ TiUB~IC NOTICE '` RE: RESNICK EXTENSION OF'V'ESTE'I~' xIGII~S ~ , - NOTICE IS HEREBI' GIVEN that a pu"bI'ic hearing will be held on Wednesday February 28, `' 1996 at a regulaz meeting to begin at 5:00 prn before the Boazd of County Commmssioners, District Courtroom, 506 E. Main: St., Aspen to consider an application submitted by Ro117nternatona~ ~~ Corporationrequesting to extend the expiration date of the vested rights and G1viQS'allotment granted by Resolution Nos. 92-419, 93`-t~f,'and'~92 3$8. "1`he pr`oper'ty is described as Parcel 2 S611water Ranch Parcels. For further information contact Francis Krzmanich at the Aspen/Pitkin Community Development Department (970) 920-5103. s/James R. True. Chair Board of County Commissioners Published in the Aspen Times on January 27, 1996 Pitkin County Account 00T13 1. Fabienne Benedict 1280 Ute Avenue Aspen, CO 81611 2. White River National Forest 806 West Hallam Street Aspen, CO 81611 3. Aspen/Pitkin County Housing Authority 530 East Main Street Aspen, CO 81611 4. Roll Iriternational Corporation .12233 West Olympic Boulevard Suite 380 Los Angeles, CA 90064 resnick\prop.own a / . ,. r ~^ y. •` ~.• ~.,vwrcw uzx a, e. ~:u-w ;.,r.wat+gss w _. :.~_. .. r.. .. g:: . ._ ..: -r CERTI~CATE"OFI4IATY:T~"C,..,~:~, ...,.~ ~ ~~.~,~.: ,...~_ . a~.., . REr RESNICK EXTEI~Sr~N C)F VE~1'EbgRI~GH`TS ` ~, " „ tti~ _ , . ~ " ,` ,, ", i ; _ s. :.. I hereby certify that on this 23rd day of January, 1996, a true a_nd correct copy of the attached Notice of Public Hearing was deposited iri the United States mail, first-class postage prepaid, to the adjacent property owners as indicated on the attached list of adjacent property owners which was, supplied to the Aspen/Pitkin Pli~ttning Office by theapplicant in regard to the case named on the Public Notice. By: Suzanne Wolff Administrative' Assistant frm.mailing AspenlPitkin`~ommunity ~ x... lylevelopment 1~epar~`merit" r.._ .: :.,.:.:. ... 130 Sout~li ~alena Street Aspen, Colorado 81611 , _ , (303)920-5090 '~ ," ". `. ;. C' z d , >!ty an Use Apphcat>;on Fees: 0011'3-63850=041 Deposit -63855-042 Fiat Fee ' - ~ , 3 -63866-'043 Yi}'c".,......,~ .....:........ ,..,:,,:;. 1 '~ -63875=04b ~ ~ 1 ~:rrv: Nk~k Zoning&SignPermit „ - - MROI f : Ilse Tax - i ~;, Cotrhty Land Use Application Feeg 00113-63800-033 Deposit 2~.~ ~ ~~ ~ d~ '-63805 6'34 Flat Fee ~-- r '~^~ ,., -- i .e,.~s t 63820'037 Zoning -63825 0;38- Board o'f Adjustment ,__ Referral Fees: 0011'3-63810-035 00115-63340-(63 0012'3-63340=190 00125-63340-205 0011'3'-63815-b'36 Sale's: 00113-63830=039 =69000-145 ,:":. County Engineer City Engineer Housing Env ro°n'"r'fiz'ntal Health County Clerk ~.- County Code Copy Fees _. .~_ ,,: . - „.. -- t5Q. Ck5 r -,. t `7 O ~ _ . .. x _ ..rr't' Other ~. L... -- ti n Ca~~ o ~ Total ~ S I I . ,i_. _ ,r w. ~ :. Name; Date,: 1 [Check:~~~ ` Address: ('Z 8 ~~u,~-1,{1~ Frojec~t~:,~c,~ "' 'S a Phone , _ - , No of Copies __,~,~-_y.- tip. r` 1~~. i Tai u:bn ~ .s.. z%. ..w .~ .. -.' 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