HomeMy WebLinkAboutpitkin.planning.273512300009 (2)DOCUMENT LAYOUT
THIS FILE MAY OR MAY NOT CONTAIN ALL OF THE INFORMATION
LISTED BELOW IN THE FOLLOWING ORDER
Summary Sheet
Resolution for the BOCC and/or P&Z
Ordinance for the 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)
PARCEL ID: 2735-123-00-009 DATE RCVD: ~ # COPIES:~~ CASE NO. P24A-84
CASE NAMES Mollica/Kahn Special R Planners.
PRO.1 ADDR: 0308 S7th St -
OWN/APP: Mollica, Jim and Kah ADR~- C/52:~~~ PHN:;~-
REP: ADR:~-~ CIS2>~- PHN:~-
Email Addr:- ALLOCATED HOUR8:~y
FEES DUE:- FEES RCVbi~J %OVER: ~~-
REFERRALS
REF:r- BY~-... DUE:.~~
MTG DATE ~`R"`E'~V"' ~BOD~Y PH ~ NOTICED DATE OF FINAL ACTION: ~-
~~ I No ~~ gOCC Reso: ~~
~, ~ ~. No I ~ BOCC Ord:
REMARKS PZ:. 84-30
HRG OFF:
CLOSED:~~~BY.:,~- HOIRDEX:"~-.
ADMIN:.., ~-~
PLAT RECORDED~~ PLAT (BK,PG): W ADMIN INDEX:
VR APPROVAL DAiE:~- VR EXPIRES:~~.
CASE TYPc - Special R CASE TYP5: >:~
CASE TYP2:. CASE TYPS::
CASE TYP3:. CASE~TYP7:
CASE TYP4:! Date Scanned: i. 7/27/09
File Locatlon•. Box 170
PROJECT NA
APPLICANT:
REPRESENTATIVE:
TYPE OF APPLICATION: (FEE)
I. GMP/SUBDIVISION/PUD (5 step)
1. General Submission ($2,800.00)
2. Detailed Submission ($1,830.00)
3. Final Plat ($ 700.00)
II. SUBDIVISION/PUD (5 step)
1. General Submission ($1,690.00)
2. Detailed Submission ($1,400.00)
_ 3. Final Plat ($ 700.00)
_ III. SPECIAL REVIEW/REZONING (2 step) ($1,260.00)
~[
/`-~ IV SP
. ECIAL REVIEW (1 step) ($ 700.00)
_ V. SPECIAL APPROVAL (1 step) ($ 700.00)
1. Employee Dwelling Unit (NO Charge)
_ 2. 1041 Hazard Review
3. Other:
P&Z MEETING DATE: BOCC MEETING DATE: DATE REFERRED: / ~'[~
RE
F
E~RALS:
/
/
COUnt
En
ine
_G
y
g
er Aspen Consol. S.D. Colo. Div. of Hwys (Glenwood)
-County Attorney Colo. Div. of Hwys (Grd. Jctn
wilding Dept. Water District Mt. Sopris Soils
Environmental Health ,~ Aspen Water -State Planning Office
Housing Director Holy Cross Electric _U.S. Forest Service
-Fire Marshall ~~COlo. Geologic Survey -Div. of water Resources
-County Manager -Division of Wildlife -Rocky Mtn. Natural Gas
-County Envir. Coord. -Water Conservation Board -Mountain Bell
-School District -Fed. Aviation Admin. -Trails Director
_Snowmass Village Other: Other:
a CASELOAD SUMMARY SHEET
PITKIN COUNTY
FINAL ROUTING:
-County Engineer
County Attorney
Other
Building Dept.
Housing Director
DATE ROUTED:
Environmental Health
Environmental Coordinator
FILE STATUS AND LOCATION: ~~
STAFF: ~\~~ AK.-~
,~------
4
~l~ecc.mr,~,;,
CODNTY P&Z REVIEW ~~ ~V ~ 1
= General Submission: ~ ~ '~~Y'~~~,-~, '
'-_
BOCC REVIEW - General Submission
-_.____. I~r..irrl nlJ rm Nrr, i,l
P&Z REVIEW - Detailed Submission:
BOCC REVIEW - Detailed Submission:
Resolution No.
BOCC REVIEW - Final Plat:
Resolution No.
BOCC REVIEW - Special Review/Approval:
Resolution No.
P&Z - Employee Dwelling Unit Review:
Resolution No.
-~
- ,
RESOLUTION OF T11E PITKIt•A COUiiTY PLAPiNIE~ AFiD ZOtJIf1C Cl;i;?1ISSION
GRANTING 1041 SPECIAL REVIEGI APPROVAL
TO PJOLLICA-I:Af]N
Resolution tlo. 84-~_
WHEREAS, James J. Mollica (hereinafter referred to as "Applicant")
is the owner of record of 35,167 square feet of real property located
at the base of Shadow Mountain off of South Seventh Street more
specifically described on the attached Exhibit "A"; and
WHEREAS, the applicant has requested 1041 Special Review approval
for the development of a single-family home on the subject property; and
WHEREAS, the Pitkin County Planning and Zoning Commission (herein-
after "Commission") did consider the application at a public hearing on
August 21, 1984, at which time evidence and testimony were presented
with respect to mitigation. of geologic hazards and the impact on
wildlife.
NOW, THEREFORE, BE IT RESOLVED by the Commission that it does
hereby granted 1041 Special Review approval to the f4ollica-Kahn 1041
Special Review subject to the following conditions:
1. All of the recommendations made by Lincoln-Devore in their
report of May 31, 1984, regarding foundation design, seismic
design and rockfall mitigation shall be strictly adherred to.
2. -Prior to the issuance of a building permit, the applicant
shall submit a "history of conveyances" to the County
Attorney which demonstrates that the parcel is legally
separate in accordance with the 'requirements of the Pitkin
County Land Use Code..
3. The cut slopes behind. the house which will be created as
result of the rockfall mitigation recommended by Lincoln-
Devore shall be stabilized in an appropriate manner.
APPROVED by the Commission at their regular meeting on September
4, 1984.
ATTEST:
~.
f.oreCl:,.i P+~uu;ar, Ccnuity C.Ler'k _
PITKIN COUNTY PLANNING AND
ZONING CO.It•]ISSION
By ~-`-fir..... c ~ h~t~~ .~
t`rke~--Otte, Chairman
Z c'\i.~o,
i
~,
CONTINUATION SHEET
SCHEDULE A
Order Number: 11517 Commitment Number:
' EXHZHIT 'A'
A tract of lend in Lot 13 (from TY7P Plat by withers approved July 18 , 1889)
in Section 12, Township 10 South, flange 85 west of the 6th P.H., being part
of the •Stitzer Eniry• described as tollawss
BEGIt1NING at a point, a fence corner in place, being 282.41 feet North 66.19'15°
west fray the 28• x 14' x 10' rocY, witness Corner Monument set for the Witness
Point forthe South one-qunrier corner said Section 12 (Witness Corner Monument
shown in Catshaw notes and plat approved November 8, 1888) said rode being
78.57 feet North 78.10'30• West iron an unapproved 1954 Snreau of Land Management
Bzass Cap stamped ae Nitness Corner)
thence North 70.25' East 132.33 feet to line 2-3, United States Mineral
Survey 114211, eaoestake C].air~1
thence South Q9°37' East 200.25 feet alorsg said line 2-3, to property described
in Book 243 at page 894 is the records of Clerk and P.ecorder of Pitkin
County, Coloradol
thence Sonth 82°26' west 312.13 feet along the Northerly line of propartp
deecrihed in Hook 243 et page 894 to the corner of property described in
Book 182 at page t83j
thence North 23°19' West 62.56 feet along the Easterly line of prooerty
described in Book 182 at page 1831
thence Dlorth 71.12' East 151.41 feet along fence line to a fence corner]
thence North 61.02'15° East 84.61 feet along fence line to a fence cornerr
thencen North 41.19.50• West 62.56 feet along a fence line to the Point
of Beginning.
County of Pitkin, State aa: Colorado
LF,SS A•TD EXCEPT that portion
in Book 405 at page 850 as R
A parcel of land situ .d i3!
of the 6th P.M. itki Coun
of land descr n P 34'
As follows:
Beginning at a sacs poi
set for the South 1/4 corner
feet.
~d in recorded March 18, 1981
>. 231G and described ae follows:
~ct~12, Township 10 South, Range 85 West
Col redo being a portion of that parcel
t pegs 319 Pitkin County Records, described
:t whence the original rod: witness corner monument
of said Section 12 bears S. 66.19`15• E. 282.41
Thence N. 70°25' E. 70.91 ft. alonq_
in paid Book 349 at page 319]
Thence 5. 29°35' S. 49.55 ft.
Thence S. 61.02'15' W. 57.10 ft.
Thence N. 41°19'50• a. 62.56 ft. to
3,475 square feet more or lase.
page 2A
the northerly line of that parcel described
the point of beginning containing
STE~1rA12T TITLE
0055 OOARANTY COMPANY
MEMORANDUM
To: Richard Grice
From: Gary Esara~ 1--
Re: Mollica/Kahn 1041 Special Review
Date: August 30, 1984
I have been asked to provide an opinion on whether
the parcel subject to the referenced review was legally
created.
I have examined the Deed in to Mollica, the Quiet
Title Decree in Civil Action No. 4862 and Exhibits, the
Mollica/Kahn title insurance policy for the parcel, the
Easement Agreement and Deed found in Book 405 at Page
839 and 850, respectively, and the County file in the
Mollica Subdivision Exemption application of 1980.
In my opinion, the Mollia/Kahn lot (Parcel 1) is a
legally created lot and the applicants in the 1041 review
have title sufficient to make their representations
enforceable.
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thence yur lh 47° 19' S0' No'a. L2. SL trot olang ;r fruco line to th•~
Foi nt of lleginniml.
Pit 1.in ('ounty, Col w-ada.
Tw• t!;or w3 tt. the following:
'.n r:ahor<rnl 30 fort in wilt 1. far utility :,ul r in„t .,( ~,'Y ;..r ,. v.o:.
dvs~t iLnd nc Iolio.•a;
IICGINI(1;lG al thr• ;rho
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Recorded at lO tiS o'clmk AJ1• July 70, 1976
Reception No.f 169114 ]idle Ilene Recorder.
IN THE DISTRICT COURT
IN AND FOR T:IE COUNTY OF PITRIN
"- II ~-AND STATE Oi COLORADO
~~ Civil Action No. 4862
TIIE ES_ATE OF MZ CHAEL CHRISTOPHER
MAROLT, Deceased, also known as
AfICril+EL A:A ROLT and ?:1 CHEAL MAROLT,
by and through its i+r ^~inistratrix,
OPLL FIAT 7i. D.l ;SIA OLT,
Plaintiff,
vs.
^CE KOCH LC':3ER CV.'L^.1SY, a defunot
U '"Ora~ln cornoraticn; DO NOTHY K.
Ski Aii,
i, also kno•en as DJ.^.OTI:Y KOCH
5`I AY7, also knoM~n as D. K. SHAW,
individually and as '1'r ustee for
KOC^ LCI+3 La COl:?A`Y; llELE:d 20 RDEL
as the Pitkin County Treasurer,
Lor herself, for her predecessors
i and successors, and ac [he Public
~~ Trustee for Pitkin Coen ty, Colorado,
. and as such t]:u Trustee for the
Creditors and Sto c:!:n ic:ers Of the
hV+'1'. LU;dU6". liti :e •: ~.J `. a: [hc last
acting Loard of ~. L:-c c to rc Ghcrcof
be no'.a dra ci; ... ~ 5': ;.T F.S TF JST
I
~~ C01-!^, SY ( .. _.. a corpozntion
~' Coina bu::ir._ ~,:-+c State of
Colorado; .. ,,,, RANK OF
I -"'C::CO, a u .on~doing business
i~:' in the S .. ~uc ..:cr.:do; TOri SCIIULTZEI
51'LV L\ PW"•:!J; .,... GE RRAZ;
.^1i:5 .., G. Oa znd all and any
-~+!~-'`~%! 1 =^'~~:.= w:.o claim any interest
in t-- cc:-.. yet matter of this action,
Do fend:•nts
?07 r~1~~1 ... !~.~
DECREE QUIETING TITLE
.... G t: ., cuing to be hc•.rc,
.. _ crt fin-~'=:
' -~:=~ '_-c^danr herein has heen prooerly served ns
-. 'd r~_'_ of Court: there being no individual
t.~.. there is no requirement for the
ans+~cr of a military attorney for
+ho are in, or who may be in, or who
- ~~-. co report for induction into the military
- - ,. ~. ~~~ Soldi ci s' and Sallcra' C1vi1 Relief
:'•~~: t at this is an action in rem affecting
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•Dx%89 :, _730
specific reel propertyt thnt the Court hen juriediotion of
nil the parties to this suit and of the subject taattar hereoft
that all parties who have appeared herein have entered into
-a wtipulw i3on respectiriq tTe-ovnerehip of the real property
which ie the subject of this cause, and the Court having tak4ln
teatinany, and being fully advised in the prmisee, therefore,
IT IS ORDERED, ADJUDGED AND DECREED en folloret
1. That the Estate of Michacl Chriatopher'Marolt,
deceased, also known as Michael Marolt and Micheal Mazolt,
plaintiff, et the time of the eommenement of this proceeding,
was and now is the owner in fee simple, with right tO ponaee-
sion, of the two (2) parcels of real property situate in the
County of PStkin, State of Colorado, described ea followt
PARCEL 1
A tract of land in Lot 13 (from 1SiP plat bl• Nithern npproved
July 18, 1889) Sec. 12 T10S RBSW 6P. M. being part of the
"S titzer Entry" described as follows:
Beginning at a point, a fence corner in place, being 282.{1
ft. N66.19'13'W from the 28" x 14' x 10' rock witness corner
monument set for the witness point for the S 1/4 corner of
Sec. 12 (witness corner mon. shown in Cutahaw notes and plat
approved Nov. 8, 1868) a.id rock being 78.57 ft. N78.1O'3O•w
from an un~; yrovc3 1934 Bureav o! Land Manegea~ent Brans Cap
stamped as itness corner,
thence N70°25 •E 132.33 ft. to line 2-3 MS 4211 Roteentake
Claim,
thence 509°37'E 200.23 ft. along line 2-3 to property daa-
ezibed in Book 243 Pq. 893 Pitkin~County records,
thence 582.26 'W 312.13 ft. nlong Northerly line of property
described in Bk. 243 Pq. 893 to the corner of property des-
cribed in Hk. 182 Pg. 183,
thence N23°19'W 62.56 ft. along Easterly line of property
described in Bk. 182 Pg. 183,
thence N71. 12'E 131.41 ft. along a fence line to • fenp
corner,
thence N61.O2'13'E 84.61 ft. along a fence line to a fang
corner,
[hence N41.19'S0'W 62.36 ft. along a fence line to the point
of beginning.
TO Ft -r7:ER with a perpetunl 10 ft. right of way and utility
casonent upon, over, along, across end under the real property
described as follower
Degi nn ir,g at the above-described point of beginning,
thence N70.23'L 30.35 lt.,
- 2 -
t
• - ~ - ~
( .. ~ ' :°
!p''~ i31
thence N28.20'S5•N 154.30 ft.,
thanes S61.56'30•W 30.00 ft.,
thence S28'20'S5•E 149.82 ft. to tbs point of begimisq.
Pitlcin County, Colorado. T
PARCEL 2
A tract of land situated Sn Lots 9, 30, 13, SN 1/4 BN 1/4
Sec. 12, T105, A85W, 6eh P.M. and Lot S and NN 1/1 NN 1/4
Sec. 13, T10S, R85W, 6th P.M. described as follorst
Beginning et a point, in the center 11 ne of Castla'Creek
(the SW Cor. Lot 2 Adams Subdivision), being NIS•21'N 682.07
ft. from the 28" x 14" x 10• rock witness. corner monument
set for the witness point for the S 1/4 corner of Sec. 12
(said rock being 78.57 ft. N78.10'30"W from an unapproved
1954 Bureau of Land Hanegement Bras^ Cap stamped ss ritness
corner),
J.ence N14.40'E 149.97 ft. to corner 113 Rolden Tract,
thence N14.35'W 172.00 ft.-to corner 114 Rolden Tract,
thence N37.50'W 314.72 it. to corner /1 Holden Tzaet,'beinq
identical with corner /4 North Texee Mill Site NS 13288,
thence N54.45'W 84.00 ft. to the center line of Castle Creak,
thence N26.00'W 94.00 ft. nlong the center line of Castle
Creek,
thence N2H°10'E 294.00 ft. along the center lino of Castle
Creek,
thence N20°vo•E 1i5.4J ft. along the Center line Of Gstle
Creek, to the south Right-of-Way line of Colozado Righray
No. 82,
thence N75°O S'w 360.26 ft. along the Bouth Right-of-Nay line
of Colorado Highway No. 82,
-thence 63.52 ft. along the arc of a curve to the Yatt (radius
of 905.00 ft. chord bears N77°08'38"N 63.51 ft.),
thence S10.51'W 90.71 ft.,
thence 521°47'W 282.37 ft.,
thence 525.2 H'W 715.83 ft. to a point being 1794.60 ft.
641°52.15"E, from the 1954 erase Cap marking the N 1/4
corner of Sec. 12,
thence 518.14'W 1107.77 ft. to the North Right-ol-ray line
of Castle Creek Road,
thence 590°00'E 114.98 ft. along the North Right-of-Nay line
of Castle Creek Road,
thence 553°34'E 124.61 ft. along the North Right-of-Nay lima .
of Castle Crcek Road,
to ence N81.56'E 254.45 ft.,
thence 506.42'E 308.07 ft.,
ihenco N90.00'W 9.11 ft.,
~ r-
e5~(_.~ ~ ... (4.2 '
thence S33.00'E 61.65 Lt.,
thence N_68•35'8.280.15 Lt. to line 1-2 Short Lies 115 !4510• ~.
thentt N16.00'W 44.62 ft. aloitq lino 1-2 to OOrnar AO. 1
Short Lime NS 14610,
thence N74.00'E 236.35 ft. along line 1-1 of Short LLN M -
14610,
thence N90'00'W 74.04 ft.,
thence N19.12'E 117.32 ft.,
thence H4: 30'W 329.09 ft.,
thence N02•/3'W 221.35 ft.,
thence N16°44'E 139.78 ft.,
thence S70°12'E 120.00 ft.,
thence N36.49'E 268.63 ft. to the Host Northszly corner of
property described in ek. 196 Pq. 376 Pitkin Co. Records,
thence N60°46 'W 161.04 ft. to the ennter line of Castle
Creek,
thence Easterly along the canter line of Castle Creak down
the creek 651 ft. more or less to the point of beglminq.
Pitkin County, Colorado.
TOGET)SER with a perpetual easement ow r, along and across the
southerly thirty (30) feet of the real property desC~~
paragr soh :erc~f for angreea to, egress from andJ i errd
to the poz; '.cn of the oropezty des czibed in this paragraph
lying and being westerly of the property described Sn paragraph
4 of this Decree, but easterly of the centerline of Castle
Creek, said caseaent being for the benefit of said real
property above described and the plaintiff, its grantees,
assignees, invitees and diatributeea only. '
TOGET)R:R with the following described property,
A tract of land being parts of Lots S and 30, and the SN 1/4
SW 1/4 Sec. 12 T105 RBSW, 6th P. M., being part of property
described in Book 175, Page 628 of the Pitkin County Aecrords,
described as follows:
Beginning at a point on the East line of the Thous 8s[ate
property be'_ng 1823.79 feet S 40.19' E. from the W 1/4 Corner
Section 12 T101 RBSW, 6th P.M. (a 1954 eureeu of Land Manage-
ment Brass Cap)t thence S 18.14' W 66.44 feet along the Beat
line of the Thomas Estate propertyi Thence along a curve to
the left, radius of 308.10 feet, a distance of 540.42 feat
(chord bens 5 18°54' W 473.76 feet)? thence S 31.21' 8 5.00
feet to the Eas[ line of theThomas Estate property) thence
S 15.19' w 131.35 feet nlong the East line of the Thous
Estate propertyi thence N 31.21' W 93.16 feed thence along
e curve to the right, radius of 405.10 feet, a distance of
221.14 feet (chord bears N 15.49'30' N 218.46 feet)1 thanoa
along a curve to the right, radius of 663.65 Poet, a diatanoe
of 100.00 feet (chord bens N04.O1' E 99.91 feet)! thanes
N OS°20' E 245.00 feet) thence along a curve to the left,
radius of 445.22 feet, a distance of 235.07 teat (chord bears
N 04.41' W 232.39 feet) to the South sight of vsy lino of
the Main line of the railroad! thence along a ouzw W tM
- 4 -
q
right, radius of 2964.8 feet, a dlstanoa of 136.07 feat
(chord bears N 49.11• W 136.07 feet)! thence N 47.52' M
458.00 feet! thence S 88.24' E 15.1.8 leaL to_a po1At.Q8.Sb!___.
cdSterii ne of the railroad mainline being 2376 feet more or
less Northwesterly from the Eaat line of Lot VI Sea. 12
(Kimberly Survey)! thence S 88.24' E 154.15 feet! thmp
S 77.52' E 215.00 feet; thence along a curve to the lef!•
radi ue of 2764.8 feet, a distance of 454.01 feet (chord
bears S 52.34' E 453.50 feet) to the East line of ths Thors
Estate property; thence S 25.28' W 147.90 feet along the East
line of the Thomas-Estate property; thence S 18.14' W 57.06
feet along the East line of the Thomas Estate property to
the point of beginning.
s °~
A~
2. That party defendant Dorothy-K. Shaw, at Ne fir ~~
of conunen cement of this proceeding, was, and she nor Ss, the
owner in fee simple, with right to possession of the real
property afros to in the County of Pitkin, State of Colorado,
described as follws:
PARCEL 1
A tract of land in Lot 13 (from TWP Plat by Withers approved
July 18. 1889) Sec. 12 T10S R85w 6P.M. being pert of the 'St
Entry" described as follws:
Beginning et a point, being 478.03 ft. N60'S8'40• W from the
28" x 19" x 10" rock witness corner monument set for the wltnea^
point fur the 5 1/4 Cor. of Sec. 12 (mon. shown Sn notes and on
plat - Cutshaw Survey approved Nov. 8, 1888)7 acid rock being
78.57 ft. N78°10'30"W from -n unapproved 1954 Bureau of Land
Management Dress Cap stamped na witness mr.,
thence N52°47'20" E 123.63 ft.,
thence N71°03'E 160.22 ft. to line 3=2 MS 4211 Homestaka Claim,
thence N09°37'W 64.26 ft. along line 3-2 MS 1211 Homeataka Claim
to Southerly line of Lot 3 Adams Subdivision,
thence N79°20'W 312.46 ft. more or less slong Southerly lies of
Lot 2 t 3 Adams Subdivision to the center of Castle Creek,
thence Westerly along the centerline of Castle Creek up the
creek 651 ft. more or less to n point being N80°21'50' W 612.29
ft. from the point of beginning,
thence 560°46'E 261.04 ft. to the moat Northerly corner o!
property described in Bk. 196 Pg. 376 Pitkin Co. records,
thence N 36°45'E 116.00 ti.,
thence 5 77.29'S5'E 313.89 ft. to the point of beginalnq. I
Pitkin County, Colorado. - ;
PARCEL 2
A tract of land in Lot 13 (from TNP Plat by xithars approved
July 18, 1889) Sec. 12 T105 R89N 6P.M. being part oL the •Stits
Entry' described ns follws;
Beginning at a point, a fence corner Sn place, bslnq 282,41 ft.
N66. 19'15'W from the 28• x 14• x 10' rock rltneu corner monu-
ment eet for the witness point for the 8 1/4 ~oorner of Be0° 17
r `°'
1
r
rd!" •89 .... i~i4
(witness corner eon. shove 1n Cntshev notes and plat approryd
Wow. e, 1588) sold rock being 78,57 ft. 878.10'30• M from aH
nmpproved 1954 enreau of Land Management Brus Cap steeped
a• ritnes^ corner,
tbenw i1. 70•IS'E 132.33- !t: tu-lina 3-2 )l4 4211 Howitake Claim,
thence N 09.37'8 153.13 ft. along line 3-2 !t4 5211 8arstake CIa
thence S71.03'M 152.00 ft.,
thence S61.56'10•W 30.00 ft.,
thence &28.20'55• E 149.52 ft. to the point beginning.
SUH.lECT TO a 30 ft. ?erpetuhl rightof ray and utility euamaAt
upon, over, along, across and neon that portion of said real
property described as follwat
eegl nning et the above-described point of begSnnlnq,
thence N70.25'E 30.35 ft.,
thence N28.20.55'H 154.30 ft.,
thence S61.56'10•W 30.00 ft.,
thence 528.20'S5'E 149.82 ft. to the point of beginning,
•std sae errant being for the benefit of the real property
and the owners of the real property described as Parcrol 1 Sn
parngreph 1 and in paragraph 3 hereof, their helm, successors,
~dietzibutees, grantees, invitees end assigns.
Pitkin County, Colorado.
3. That party defendant Sylvia Maurin, et the rims
of coaanancement of this proceeding, was, and she nw is, the
owner in fee single, with right to possession, of the real
property situate in the Cour. ty of Pitkin, State of Colorado,
described ea follows:
A tract of lend in Lot 13 (free TWP plot by Withers approved
July 18, 1809) Sec. 12 T105 RBSN 6P. M. being pert of ths
'Stitzer Entry• described as follwa:
Beginning nt a point, a~fence corner in place, being 282.41
ft. N66°19'15'W from the 28' x 14' x 30" rock witness corner.-
monument set for the witness point for the S 1/4 corner of
Sec. 12 (witness corner mon. shwa in Cutahaw notes and plat
approved Nov. 8, 1888)t said rock being 78.57 ft. N78'10'30'W
from en unapproved 1954 Bureau of Land Management Braes Cep
sta:aped as witheea corner,
thence 541.19'S0'E 62.56 ft. along a tenca line to the fence
corner,
thence S61.02'15'W 84.61 ft. along a fence line to the lenoe
corner,
thence S71.12'N 151.41 ft. along a fence line to the Easterly
line of property described Sn ek. 182 Pg, 183 Pitkin County
recorda~
thence N23.19'W 170.86 ft. along the Easterly line of property
described Sn Dk. 182 Pq. 183,
- 5 -
M
,
thence NS{•00'E 126.00 ft.,
thence N61.56'10'E 50.00 lt.,
theoce 628.2G''S5'E 1{9.82 ft. 'tc the point o! beginning. ~~
TOGETHER rith a 30 St. perpetual right of ray and utility
auement upon, over, almg, acrou and under -the real property
described as follows:
Beginning nt the above-desczibed.point of beginning,
thence N70.25'E 30.35 ft.,
thence N28.20'S5•N 15{. 30 ft.,
thence 561.56'30'W 30.00 ft.,
thence 525.20'S5'E 1{9.82 ft. to the point of bag111ninq.
Pitkin County, Colorado.
{. That parties defendant James E. Gerbaa and Cheri
C. Oates, at the time of the commencement of this propedlnq,
rare, and they now are, the owners in tee alaple, Sn tenancy
in common, with tight to poaaeesion, of the zeal property
situate in the County of Pitkin, State of Colorado, described
ae follors:
A tract of land in Lot 13 (from 1SiP Plat by Nlthars approved
July 18, ]•o~,) sec- l2 :105 R85N 6P.M. being part of the
•S titzcr >:^try' described as follows:
Beginninc at a point, being 178.03 ft. N60.58'{0'W from the
28' x 14" x '_0" rock witness corner monument sat for the
vitae:: point for the 5 1/{ cor. of Sec. 12 (mon. shorn Sn
notes and on plat - Cutahaw Survey approved Nov. 8, 1888)7
said rock being 78.57 ft. N75.10'30'W from en unapproved 195{
Bureau of Land Management Bras sCap stamped as ri[ness cor.,
thence 551.00'W 126.00 ft.,
thence S51.09'10'W 106.31 ft. to the moat Easterly corner o!
property described Sn Bk. 196 Pg. 376 Pitkin County records,
thence N58•{5'W 223. ~{ ft. along the NE'etrly line of property
described in Bk. 196 Pg. 376 to the most Northerly corner of
property described in Bk. 196 Pg. 376,
thence N36•{5'E 116.00 ft.,
thence 577.29'SS'E 313.89 ft. to the point of beginning.
Pitkin County, Colorado.
SUBJECT to a perpetual easement upon, over, along, ecrosa and
under the souther y ,Lh ~ X feet (30') thereof, for Sngress to,
egress from and/~~Y lY`~ e~ ~o the portion of the property
described as Parcel 2 in paragraph 1 hereof, lying and being
westerly of the props rty described in this paragraph o! this
Decree, but easterly of the centerline of Cnatle Creek, asld
easement being for the benofit of said reel property and the
plaintiff, its successors, grantoes, assignees, invitees and
distributeea.
r
y ~`
S. That onapLte tee alapL title fn and W the
puoeL of property above described, all lying rithin the
boondariea of the reel parcels of property deaorlbad Sn
plaintiffs complaint on file in this oausa, M and tha_iaat!_.,_
hereby is quieted Sn and to the persona above daGxained to
bo the owners thereof, and otherviae, ao party lu •ais aotlon
I hea ary right, title or Sotereat in said real pmparty or soy
part thereof, except ae above detetainad, and they are forever
enjoined from asserting any claim, sigh[, [itle or interest
in end to the said real property or any part thereof.
DONE and SIG:tID this ill day of ~, 1971.
~..'~,J,~~to 6e • trre aed ,nm; 4Ke
. ~; Y d ;rot ao (Oe u 4+e D:'rid BY T OURTt
Q .f~ ~.
~V~ ~/
~:;. ~~/~~~s or z, D atr Ct 9e
APPROVED AB TO FORM AND CONT1sR7Tt
CIARK, OATFS, AUSTIN i MCGRATH
e '~ ~ ~! ~~,'^l
Y
Leonard tA. Oa teB
ATTOILCEYb FOR PLAINTIFF
P. O. Box 3707
Aspen, Colorado 81611
Phone No. 925-2600
MOORE,/FR~7t.:CES i VAN DOMELEN
PARRISON, RICNARDSON i xEMP .
i 1
~ ~-
Bl, i ~ 7~.t71_
James 11. Moore
ATTORNEYS FOR DEFEI:DANTS,
/ DOROTHY K. BRAN AND
TOM BCHULTZE
P. O. Box 3098
Aspen, Colorado 81611
Phone No. 925-1167
John L. Kemp /
ATTORNEY FOR SYLVZA NAURIN
P. O. Box 698
Glenwood Springn, Co. 81601
Phone No. 9{5-517{
A art Kozn
ATTORNEY FOA JAMES E. GERBAf
AND CHEItIB C. OATES
P. O. Box 389
ASPEN, COLOMDO 81611
Phone No. 925-7111
- B -
(:S/ram
.' SCHEDULE A
Order Numbel~_ .12530 _ ~
r '`~
t. Enectiveoate: June 19, 1984 At 8:00 A.M.
2. Pd or Pdides ro be issu __ -~
A. ALTA Ownels Policy
Proposed Insured:
Sharon Kahn
e. ALTA Loan Pdiq
Proposed Insured:
To Be Determined
c.
Commitment Number:
Amount of Insurance
5150,000.00
Tax Cert.
x125,000.00
5
Premium
$301.00
$ 5.00
$ 50.00
3. TM estate a interest in the Wnd desttibetl or referred to in this commitment and wvered herein is lee simple antl title thereto is et the elledive tlate
hereof vested in:
James J. Mollica
1. The Wnd referred to in this commitment is described as follows:
See attached Exhibit A
r~~ ~ U
Authorized Countersignature
1662 (YOM 1Y/a~
~`a'n~'
V"lam
Faye 2 STEWART TITLE
GUABANTY COMPANY
CONTINUATION SHEET
SCHEDULE A-N0.4
Order Numbe : 12530 1~ Commitment Number:
--- Exhibit A
_.: ,~~
A tract of land in Lot 13 (from TWP Plat by Withers approved
July 18, 1889) in Section 12, Township 10 South, Range 85 West
of the 6th P.M., being part of the "Stitzer Entry" described as
follows:
BEGINNING at a point, a fence corner in place, being 282.41 feet
North 66°19'15" West from the 28" x 14" x 10" rock Witness Corner
Monument set for the Witness Point for the South one-quarter
corner said Section 12 (Witness Corner Monument shown in Cutshaw
notes and plat approved November 8, 1888) said rock being 78.57
feet North 78°10'30" West from an unapproved 1954 Bureau of Land
Management Brass Cap stamped as Witness Corner; thence North
70°25' East 132.33 feet to line 2-3, United States Mineral Survey
X4211, Homestake Claim; thence South 09°37' East 200.25 feet
along said line 2-3, to property described in Book 243 at Page 894
in the records of Clerk and Recorder of Pitkin County, Colorado;
thence South 82°2b' West 312.13 feet along the Northerly line of
property described in Book 243 at Page 894 to the corner of
property described in Book 182 at Page 183; thence North
23°19' West 62.56 feet along the Easterly amine of property
described in Book 182 at Page 183; thence North 71°12' East
151.41 feet along fence line to a fence corner; thence North
61°02'15" East 84.61 feet along fence line to a fence corner;
thence North 41°19'50" West 62.56 feet along a fence line to
the Point of Beginning.
County of Pitkin, State of Colorado
LESS AND EXCEPT that portion as conveyed in Deed recorded March 18,
1981 in Book 405 at Page 850 as Reception No. 231615 and described
as follows: ~--_:` _ -_,_.~
A parcel of Land situated in Section 12, Township i0 South, Range
85 West of the 6th P.M., Pitkin County, Colorado being a portion
of that parcel of land described in Book 349 at Page 319 Pitkin
County records, described as follows:
Beginning at a wood fence post whence the original rock witness
corner monument set for the South 1/4 corner of said Section 12
bears S. 66°19'15" E. 282.41 feet;
Thence N. 70°25' E. 70.91 Et. along the northerly line of that
parcel described in said Book 349 at Page 319; Thence S. 29°35'
E. 49.55 ft.; Thence S. 61°02'15" W. 57.10 ft.; Thence N. 41°19'
SO" W. 62.56 ft. to the point of beginning, containing 3,475
square feet more or less.
Page
S'1' I; WA R'1' '1' I'I' L G
0055 (60M 6A 31 GVARAN7Y CLIM PA NY
Order Number. 12 5 3 0
SCHEDULE B -Section t
Commitment Number.
Requirements
The following are the requirements to be complied with:
Item (a) payment to or for the account of the grantors or mortgagors of the full consideration for the estate or Interest
to be Insured
Item (b) Proper Instrument(s) creating the estate or Interest to be Insured mustbe executed and duy filed for record,
to wit
1. Release of Deed of Trust dated October 31, 1983, executed by
James J. Mollica, to the Public Trustee of Pitkin County, to
secure an indebtedness of $25,000.00, in favor of First
National Bank in Aspen, recorded November 3, 1983 in Book 454
at Page 918 as Reception No. 254674.
2. Deed from vested owner, vesting fee simple title in
purchaser(s).
3. Deed of~Trust from the Borrower to the Public Trustee for the
use of the proposed lender to secure the loan.
NOTE: Said deed moat convey and said Deed of Trust must encumber
the following:
Together with that certain easement for access as set forth in
Easement Agreement recorded March 18, 1981 in Book 405 at Page
839 as Reception No. 231614.
.~==' '.ate
~~p~ ' U ~"~ -'
-~~5=
tas3 tsotktzia3l
Pape 3
~`~-"~
~-pl~K~ N~~I~
~_~
STEWART TITLE
GVAaANTY COMlANY
4
SCHEDULE B-Section 2
Exceptions
Order Number. 1 2 5 3 0 Commitment Number.
The policy or policies to be issued will contai n exceptions to the f ollowi ng u nless the same are disposed of to the satisfaction
of the Company:
1. Rights or claims of parties in possession not shown by the public records.
2. Easements, or claims of easements, not shown by the public records.
3. Discrepancies, conflicts in boundary lines,shortagein area,encroachments, and anyfacts which acorrect survey
and inspection of the premises would disclose and which are not shown by the public records.
4. Any lien, or right to a lien, torservices, labor or material heretofore or hereafter furnished, imposed bylaw and not
shown by the public records.
5. Defects, liens,encumbrances, adverse claims or other matters, if any,created,first appearing in the public records
or attaching subsequent to the effective date hereof but prior to the date the proposed insured acquires of record
for value the estate or interest or mortgage thereon covered by this Commitment.
6. Any and all unpaid taxes and assessments and any unredeemed
tax sales.
7. The effect of inclusion in any general or specific water
conservancy, fire protection, soil conservation or other district
or inclusion in any water service or street improvement area.
8. Right of the proprietor of a vein or lode to extract and remove
his ore therefrom, should the same be found to penetrate or
intersect the premises hereby granted, as reserved in United
States Patent recorded December 3, 1892 in Book 55 at Page 35
as Reception No. 50193.
9. Easement for entry to construct a pipeline and make repairs as
granted in Quit Claim Deed recorded March 26, 1899 in Book 93
at Page 6 as Reception No. 40678, the specific location of
which is not defined.
10. Covenants and conditions as contained in Deed recorded March
22, 1918 in Book 156 at Page 84 as Reception No. 79260.
11. Terms and conditions as set forth in Quit Claim Deed granting
20 feet wide right of way for the construction, maintenance and
operation of a water pipeline, flume or ditch, recorded
December 21, 1940 in Book 170 at Page 13 as Reception No.
91212, the specific location of which is not determined.
12. Right of way 20 feet in width granted to Aoly Crosa Electric
Association, Inc. to move an electric distribution line,
recorded (no date) in Book 282 at Page 91 as Reception No.
164087.
13. Grant of Easement 5 feet in width to The City of Aapen to
construct, operate, maintain, replace, repair, and use of the
fire hydrant recorded February 11, 1976 in Book 308 at Page 688
as Reception No. 181485.
Exceptions numbered are hereby omitted.
p°9e a STEWART TITLE
1684120M 1-84)
G VAaANTY COMPANY
T0: Pitkin County Planning and Zoning Commission
FRO[l: Richard Grice, Planning Office
P.E: t'ollica-Kahn 1041 Hazard Special F.eview
DATE: P.ugust 21, 1984
This is an application for 1041 Special Review for the development
of a single-family home on a 35,167 s.f. parcel off South Seventh
Street. The site is zoned R-15. The review is necessary due to
the potential for a rock fall to affect the house. The homesite
lies in an area with grades ranging from 10-30+0.
The application included a subsurface soils exploration and recommendation
for mitigating the rock fall hazard prepared by Lincoln-DeVore.
The report concluded that the site could be safely developed if specific
recommendations were followed. The slope is stable and its grade
is not a significant factor. The proposed rock fall mitigation consists
of the construction and orientation of the uphill foundation wall
to serve as a retaining wall topped with a gabion rock deflector
wall. In addition, a rock collector and 15+ foot wide energy absorption
ditch should be constructed across the site above the building.
The Colorado Geologic Survey recommended approval provided all of
Lincoln-DeVore's "recommendations regarding foundation design, seismic
design and rock fall mitigation are strictly adhered to "
Since the house has not yet been designed, it is difficult to determine
what, if any, adverse visual impact is likely to occur as a result
of the recommended rock fall mitigation hazard. The rock deflector
wall and ditch will be located behind the proposed residence. This
should effectively screen the rear of the structure from view to
a reasonable degree.
[?e discussed the development of this tract caith P.andy Cote, Colorado
Division of wildlife. P,andy does not anticipate that develoAment
of the tract would affect wildlife one way or the other since it
is in an urban area.
A lot line adjustment was approved by the Board several years ago
on this tract. In that action a 3475 s.f. area was conveyed to an
adjacent owner in exchange for an identically sized access easement.
It should be noted that the access easement to this parcel is only
twenty feet (20') wide, but that it was approved by the Board with
their Resolution Plo. 80-127.
All necessary utilities are available in the area and will be extended
underground in the access easement. Holy Cross Electric, 1•iountain
Bell, the City taater Department, and Aspen 1•letro Sanitation District
will all provide services.
t~7e have some question as to the legality of the parcel and have requested
a "history of conveyances" to clarify the situation. Approval of
this revieca should be subject to demonstration of the legality of
the parcel.
l?e recommend approval of the application subject to the following
conditions:
1. All of the recommendations made by Lincoln-DeVOre in their
report of t"_ay 31, 1984, regarding foundation design, seismic
design and rock fall mitigation shall be strictly adhered
to.
2. Prior to the issuance of a building permit, the applicant
must submit a "history of conveyances" to the County Attorney
which demonstrates that the parcel is legally separate
is accordance with the requirements of the Pitkin County
Land Use Code.
- 2 -
1 . ~, ..
~~:.
.~
;~ ,
' Lincoln DeUore
' iu)-~i«
Grard Juiction, Cob 87501
lam) za-ease May 31, 19 8 4
' Sharon Kahn
Box 3386
Aspen, CO 81612
1
' RE: SUBSURFACE SOILS EXPLORATION
PARCELS 1 AND 5 OF EXHIBIT A
' ASPEN, COLORADO
' Gentlemen:
Transmitted herein are the results of a Subsurface Soils
' Exploration, Foundation Recommendations and recommendations
for mitigation of rockfall hazards at the above referenced
site in Aspen, Colorado.
If after reviewing this report, you have any questions,
please feel free to contact this office at your convenience.
Respectfully submitted,
LINCOLN-DeVORE TESTING LABORATORY, INC.
t By = ~~~~[~/
' Walter E. Vanderpoo.~
Professional Engineer
Grand Junction Office
Reviewed by:
' WEV/jb
LDTL Job No. 52225G5
'Colorado Springs, Colorado Pueblo, Colorado Grand Junction, Colorado Glenwood Springs, Colorado Ewasron, Wyon
TABLE OF CONTENTS
Section Page
ABSTRACT l
GENERAL D'; 4
Introduction 4
Site Description 5
Site Geology 5
TEST PITS, LABORATORY TESTS AND RESULTS 8
Soil Descriptions 8 /
Groundwater 10
CONCLUSIONS AND RECOMMENDATIONS 12
Slopes and Rockfall Mitigation 12
Foundation Recormnendations 15
Floor Slabs i6
Grading and Drainage 17
Special Considerations 19
`~
I
ABSTRACT:
The contents of this report are a
e;~c?i~; Subsurface Soils Exploration and Foundation Recommendations for
M ~ the proposed construction of a single family residential struc-
~: tore.
Topographically, the site slopes down
toward the north and northwest. Surface gradients range from
nearly flat in the northeast corner to approximately 1~:1 (hori-
zontal:vertical) at isolated locations. The majority of the site
consists of slopes no steeper than 2:1. The site is located at
the base of Aspen Mountain. Steep slopes rise above the site to
a height of approximately 900 feet.
The soils encountered on this site
were noted to consist of 2 to 3 feet of organic topsoil and collu-
vially deposited clayey sand deposited over silty gravel. The
gravel soils are of glacial origin. Several large boulders were
found on the ground surface across the site. These boulders, up
to 6 feet in diameter, appear to have originated near the top of
the slope where Manitou Dolomite outcrops.
The lower slopes of Aspen Mountain in
this area are covered by evergreens of 6 to 10 inches in diameter.
There is no evidence that rockfalls are frequent, however, the
possibility of falling rock impacting the proposed structure must
be given consideration in design. Recommendations for the miti-
gation of the rockfall hazard are included with this report.
A shallow foundation system would be
most appropriate for use on this site. Shallow foundations
designed on the basis of a maximum allowable bearing capacity of
-1-
' 3000 psf would be appropriate. No minimum soil pressure will be
' required.
To limit differential settlement in
' the structure as much as possible, it is recommended that the
foundation loads be well balanced around the structure and the
' foundation system heavily reinforced. Loads under the exterior,
continuous footings should be balanced within +500 psf. Isolated
d
t
h
use
a
interior pads should be balanced at loads 150 psf below t
' for the exterior footings. ~_
All floor slabs on grade must be con-
' structed to act independently of other structural portionsGof
the building.
' d
t
id
a
e
Adequate drainage must be prov
' all times. Water must never be allowed to pond above the foun-
dation soils.
' Surface and subsurface drainage must
be carefully designed and controlled. A perimeter drain would be
' i
or.
recommended around the building exter
' A Type I Cement may be used in all
concrete in contact with the ground.
' More detailed recommendations can be
found within the body of this report. All recommendations will be
h h
i
i
f
ere
n.
ort
ons set
subject to the limitat
' Lincoln-DeVore has been informed that
the soils information developed in this report is to be used to
' design the foundations for a single family residential structure.
The information may or may not be valid for other purposes. If
' the proposed use is changed or types of construction proposed other
t -2-
than noted herein, the laboratory must be contacted to determine
c
if the information in this report can be used for the new con-
struction without further exploration being required.
Rte,
' The General Site Location Diagram and/
or topography atta ched herewith is taken from information or
' drawings delivered to the laboratory. It does not constitute a
survey of the site by Lincoln-DeVore and does not address discre-
pancies, conflicts in boundary lines, shortage in area, encroach-
,' ments and any fact s which a correct land survey of the premises
would enclose. To obtain this information, a land survey,
' accomplished by a registered land surveyor, would be required.
i~
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GENERAL:
Introducation:
The purpose of this exploration was
to determine the general soil conditions of the site applicable
to construction of a single family residential structure. Foun-
dation loads for structures of this nature are normally light to
medium weight in magnitude. Characteristics of the individual
soils found in these test pits were examined with regard to the
type of construction proposed insofar as that is known and des-
cribed. In situ conditions of the soils noted herein were deter-
mined by the soil test pits. Presumptive design characteristics
of the soils are given for the structures and conditions known at
the time of writing this report. Recommendations are included to
match the described construction to the soil characteristics found.
The information contained herein may or may not be valid for other
purposes. If the proposed site use is changed, or types of con-
struction proposed other than noted herein, Lincoln-DeVore must
be contacted to determine if the information in this report can
be used for the new construction without further exploration being
required.
Although Lincoln-DeVore has not seen
a set of construction drawings for the proposed building, we
believe that it will be basically a wood frame structure of more
or less conventional design. We would anticipate a structure one
to three stories in height possibly including a basement~or
walkout level with the first floor consisting of a concrete slab
on grade. Foundation loads for such structures can be quite varia-
ble ranging from '~ to 3 kips per linear foot of wall.
-4-
6
Site Description:
Topographically, the site slopes down
toward the north and northwest. The site is at the base of Aspen
G
Mountain on the northwest edge of the city of Aspen, Colorado.
Surface gradients across the site range from nearly flat in the
northeast corner to approximately 1~:1 (horizontal vertical) at
isolated locations. The surface gradient over a majority of the
site is 2:1 or flatter.
A well defined surface drainage path
crosses the western edge of the site. The drainage basin tributary
to this site is quite small being on the order of four acres.
However, surface gradients in the basin are very steep and surface
runoff would be rapid, particularly where bedrock outcrops or is
shallow. Precautions must be taken to control runoff, particularly
during spring snowmelt.
The average slope inclination above
the site is on the order of 1.44:1. The slopes above the site
are covered with a moderate amount of pine trees and other vege-
tation. Many of these trees are larger than 6 inches in diameter
at the base. There are no obvious avalanche paths or evidence of
recent rockfalls on the site or on the slopes above the site.
Site Geology:
The site is covered with a relatively
thin surface layer of colluvial soils or soils transported to the
site by gravity. Included in these materials are several large
boulders which have their origin in the Manitou Dolomite which
outcrops near the crest of the ridge above the site. Beneath
the colluvial soils, the site is covered with glaciofluvial
-5-
~_
recommendations pertaining to rockfall mitigation containe'3 in
this report should be carefully followed.
-7-
TEST PITS, LABORATORY TESTS AND RESULTS:
Two (2) test pits were excavated on
the site of the proposed building as shown on the Test Pit Loca-
tion Diagram. These test pits were located so that a reasonable
profile of the subsurface soils could be provided. One pit was
placed in the area of the nearly level bench in the south-central
portion of the site. Additionally, the location of the pits was
dictated to some extent by the area available for maneuver of
the backhoe. The test pits were excavated with a hydraulic back-
hoe. Samples were taken by bulk methods.
Soil Descriptions:
The soils profile found on this site
can be broadly described as a two layer system. The upper 1 to
3 feet of the profile was found to be clayey sand colluvially
deposited on the site. This thin surface layer also contained
several large angular boulders which have fallen to the site
from the outcropping of Manitou Dolomite located near the crest
of the ridge above the site. Beneath this surface layer, the
soils were found to consist of a glaciofluvial deposit consisting
of well-rounded cobbles, gravel and sand. Occasional small'
boulders were encountered in this material.
The lines defining the change between
soil types or rock materials on the Test Pit Logs and Soil Pro-
files are determined by interpolation and are, therefore, approxi-
mations. The transition between soil types may be abrupt or
may be gradual.
The precise gradational and plasticity
characteristics associated with the soils encountered during
-8-
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In
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excavation can be found on the attached Summary Sheets. The
representative number for each soil group is indicated in a small
circle immediately below the sampling point on the Drilling Logs.
The following discussion of the soil groups will be general in
nature.
Soil Type No. 1, which is the predomi-
Want soil type found in the test pits, classified as a well
graded gravel (GW) in Test Pit No. 1 and a poorly graded silty
gravel (GP/GM) in Test Pit No. 2. These soils are typical of a
glacial deposit and are generally of coarse to very coarse grain
size. Soil Type No. 1 is non-plastic, moist to damp, of moderate
to high permeability and of medium to high density. In themselves,
these soils will have virtually no tendency to expand upon the
addition of moisture nor to long-term consolidation under applied
foundation stresses. Granular materials, such as these, do have
a tendency to settle rapidly under the initial application of
static foundation pressures. However, these settlements are
characteristically fairly rapid in nature and should be virtually
complete by the end of construction. In any event, if the allow-
able bearing values given in this report are not exceeded, and if
recommendations pertaining to inspection, reinforcing, balancing
and drainage are followed, it is felt that differential movement
can be held to a tolerable magnitude. At shallow foundation depths
across the site, these soils were found to have an average allow-
able bearing capacity on the order of 3000 psf.
Soil Type No. 2 classified as a clayey
sand (SC) of medium to very fine grain size. Soil Type No. 2 was
encountered near the present ground surface in a low to medium
-9-
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density condition. Soil Type No. 2 is low plastic, moist and
of low permeability. It is recommended that all foundations
penetrate this soil type. Foundations which would bear partially
on the gravels and partially on the clayey sand would have an
increased risk of differential settlement.
The Test Pit Logs and related infor-
mation show subsurface conditions at the dates and locations
indicated. Soil conditions may differ at locations other than
at the location of the test pits. If the structure is moved any
appreciable distance from the locations of the test pits excavated,
the soil conditions reported herein may not be the. same as those
at the new location. The passage of time may also result in a
change in the soil conditions in the test pit locations.
Groundwater:
n.
No true free water table "was encoun-
tered in the test pits to the depths excavated. It is anticipated
v
that free water will probably not affect the construction. How-
ever, it should be noted that there is a considerable potential
' for seepage water on this site, particularly during wetterJ(snow-
' melt) seasons. Seepage can be expected to flow in the glacially
deposited sands and gravels. It can also be expected in the
' upper colluvium during wet periods. Seepage could be severe
enough..to present problems in construction, if construction is
undertaken during wetter seasons. As a result of the seepage
' potential on this site, a subsurface peripheral drain system
must be constructed around the proposed structure at the foundation
' level.
' -10-
1 Data presented in this report concer-
t ping groundwater levels are representative of those levels at
the time of our field exploration. These levels are subject to
change by season or environmental conditions. Quantitative infor-
mation on rates of flow into excavations or pumping capacities
necessary to dewater excavations is not included. If this infor-
mation is believed to be necessary, tests such as permeability
and pumping .tests will be necessary. Such tests are outside the
scope of this report.
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CONCLUSIONS AND RECOMMENDATIONS:
' Since the exact magnitude and nature
of the foundation loads are not precisely known at the present
' time, the following recommendations must be somewhat general in
nature. Any special loads or unusual design conditions should
' be reported to Lincoln-DeVore so that changes in these recommen-
t dations may be made, if necessary. However, based upon our
analysis of the soil conditions and project characteristics pre-
' viously outlined, the following recommendations are made.
' Slopes and Rockfall Mitigation:
. The presence of several boulders on
' the ground surface indicates that the site has been impacted by
falling rock at several periods within the past 200,000 years.
ly lon
l
ti
t
b
i
t
l
g.
e re
a
ve
erva
appears
However, the recurrence
n
o
There are no obvious avalanche paths across the site and the
vegetation on the slopes above the site indicate that there have
been few or no rockfalls onto the site within the past 40 to SO
years. However, the owner must recognize that there is a moderate
' h
e
risk of rock falling onto the site within the useful life of t
proposed structure.
There is no practical method to fully
arrest the fall of a 6 foot diameter rock at the base of a 900
foot slope. However, by carefully selecting the site for the
building, orienting the uphill walls to deflect rocks and con-
structing a sockfall collector ditch and deflector wall, the
risk to the proposed structure can be minimized allowing reason-
able safe use of the site.
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To protect the structure from falling
' rock, we would recommend that the southwest facing foundation
wall be oriented at an angle of 17 to 50 degrees north from the
' south lot line. Southeast facing foundation walls should be
oriented at an angle of 40 to 73 degrees north from the south lot
' line. (See Typical Rockfall Deflector Wall .Orientation Diagram.)
The uphill facing walls should be constructed of reinforced con-
crete. Windows and doorways should not be constructed in these
walls, if possible. If windows cannot be avoided in the uphill
walls, then they should be made as small as possible and should
' be located a minimum of 4 feet above the finish grade and framed
on all four sides by reinforced, cast-in-place concrete.
'
The uphill foundation wall should be
designed as a free standing retaining wall. This wall should
extent to the top of the Gabion Rock Deflector Wall or a minimum
of 5 feet above the finish grade if a deeper ditch is constructed
' without the rock deflector wall. The uphill wall should be
designed as though it were backfilled full height with a material
having an equivalent fluid pressure of 200 pcf.
In addition to orienting the foundation
' walls as described above, we would recommend that a rock collector
and energy absorption ditch be constructed across the site above
the building. Typically, this rock collector ditch should be
15 or more feet wide with a nearly level bottom normal to the
slope. The down hill bank of the di tch should be on the order of
' 4 feet in height and topped with a Gabion Wall approximately 6
feet in height. Alternatively, if the Gabion Rock Deflector Wall
is not used, the depth of the ditch should be increased by 3 to 5
' -13-
feet. The bottom of the ditch should be lined with a minimum of
' l~foot of loose silt or sand. The colluvial soils consisting of
clayey sand would be appropriate for this purpose.
' The uphill slope of the ditch should
' be as steep as practical. Cuts in the glacial deposits consist-
, ing of Soil Type No. 1 will probably stand to a height of 8 to
' 12 feet at a slope of 0.75:1 or steeper. We would strongly
recommend that these slopes be inspected by a qualified soils
' engineer during excavation to determine the maximum safe slope
angle at the location of the ditch. In some instances, it may be
' necessary to construct a log or railroad tie retaining wall, to
' control erosion of the slope. The rock collector ditch must be
constructed so that water is rapidly drained from the area and
' not allowed to pond in the toe area of the uphill cut or in the
foundation soils for the building. A typical plan and elevation
' sketch of an appropriate rockfall mitigation ditch are shown on
the attached Typical Rockfall Collector Ditch Plan and the
Elevation View.
' The rockfall mitigation recommendations
will not prevent the occurrence of a rockfall or minor damage
' to the structure. However, a properly designed and constructed
~;
' ditch, rock deflector wall and uphill retaining wall will provide
reasonable protection to residents of the structure. If addition-
' al protection is required, we would recommend that the rockfall
.source near the top of the ridge be studied to identify individual
unstable rocks or rock groups. These materials could then be
t stabilized individually by anchoring or grouting procedures or in
some instances, by fracturing the rock and removing them from the
' slope.
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Foundation Recommendations:
J
Assuming the rockfall hazard is properly
mitigated, it is recommended that a shallow foundation sys';:em con-
sisting of continuous footings beneath all bearing walls and
isolated spread footings beneath columns and other points of con-
centrated load, be used to transfer the weight of the proposed
structure. Such a shallow foundation system may be balanced on
the basis of a maximum allowable bearing capacity of 3000 psf as
an overall site average. No minimum pressure will be required.
All foundations must be constructed to bear on the undisturbed
"' glacially deposited gravels of Soil Type No. 1.
Where conventional shallow foundation
systems are used, it is recommended that they be well balanced
and heavily reinforced. Contact stresses beneath .exterior foun-
dation walls should be balanced to within +500 psf at all points.
Isolated interior column footings should be designed for unit
loads of about 150 psf less than the average of those selected
for the exterior walls. The criterion for balancing will depend
somewhat upon the nature of the structure. Single-story, slab
on grade structures may be balanced on the basis of dead load only.
Multi-story structures should be balanced on the basis of dead
load plus approximately one-half the live load.
Stem walls, for a shallow foundation
system, should be designed as a grade beam capable of spanning
at least 10 feet. These "grade beams" should be horizontally
reinforced both near the top and near the bottom. Major reinfor-
cing should be near the bottom of the wall section. The horizontal
reinforcement required should be placed continuously around the
-15-
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d
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structure with no gaps or bre gne
.
es
a
y
aks unless spec
1 Additional slant reinforcing (at 450) should be placed at any
;: step in the foundation walls. Vertical reinforcing will not be
' ,~; required to resist lateral forces against downhill walls unless
4 ~~~°.
.
~. they retain more than 5 feet of soil. The uphill walls and other
s
_
' walls which will be required to resist lateral pressures will
require vertical reinforcing.
To aid in designing such vertical
reinforcing, the following equivalent fluid pressures can be
utilized:
Foundation walls which are orientated to deflect falling
rocks should be designed as though they were backfilled
~ full height with a material exerting an equivalent fluid
' pressure of 200 pcf.
Other walls backfilled with the well graded gravel or
' poorly graded silty gravel of Soil Type No. 1 should be
ll
W
s
a
designed for an equivalent fluid pressure of 30 pcf.
backfilled with the clayey sand (SC) should be designed
' for an equivalent fluid pressure of 35 pcf.
It should be noted that the above
values should be modified to take into account any surcharge
loads applied at the top of the walls as a result of stored goods,
' ll
y
live loads on the floor, machinery, or any other externa
' applied forces. The above equivalent fluid pressures should also
be modified for the effects of any free water table.
' The bottom of all foundation components
should rest a minimum of 4 feet below finished grade or as required
t b
e
by the local building codes. Foundation components must no
placed on frozen soils.
t Floor Slabs:
Where floor slabs are used, they may
' be placed directly on grade or over a compacted gravel blanket of
-16-
i~
4 to 6 inches in thickness. Under no circumstances should this
gravel pad be allowed to act as a water trap beneath the floor
slab. A vapor barrier is recommended beneath any .and all floor
' slabs on grade which will lie below the finished exterior. ground
surface. All fill placed beneath the interior floor slabs must
be compacted to at least 90~ of its maximum Proctor dry density,
' AS TM D-698.
All floor slabs on grade must be con-
' structed to act independently of the other structural portions of
the building. These floor slabs should contain deep construction
or contraction joints to facilitate even breakage and to help
' minimize any unsightly cracking which could result from differen-
tial movement. Floor slabs on grade should be placed in sections
' no greater than 25 feet on a side. Prior to constructing slabs
on grade, all existing topsoil and organics must be removed from
' the building interior. Likewise, all foundations must penetrate
the topsoil layer.
Grading and Drainage:
1 d in
id
b
e
e prov
Adequate drainage must
' the foundation area=both during and after construction to prevent
the ponding of water. The ground surface around the building
' should be graded so that surface water will be carried quickly
away from the structure. The minimum gradient within 10 feet of
the building will depend upon surface landscaping. Bare or paved
' areas should maintain a minimum gradient of 28, while landscaped
areas should maintain a minimum gradient of 58. Roof drains must
' be carried across all backfilled areas and discharged well away
from the structure.
'
-17-
.,_ ~.
The existing drainage in the area must
either be maintained or improved. Water should be drained away
from the structure as rapidly as possible and should not be allowed
~~~ to stand or pond in t he area of the building. The surface drain-
~~ age across the entire property must be carefully controlled to
prevent infiltration and saturation of the foundation soils. All
' backfill around the building should be compacted to a minimum of
908 of its maximum Proctor dry density, ASTM D-698. Roof drains
' must be carried across all backfilled regions and discharged well
away from the structure.
A subsurface peripheral gain, inclu-
' ding an adequate gravel collector, sand filter, and perforated
drain pipe, shall be constructed around the outside of the build- ~~
ing at foundation level. Dry wells should not be used anywhere
d
on this site. The discharge pipe should be given a free gravity
outlet to the ground surface. If "daylight" is not available, a
' sealed sump and pump should be used.
The overall drainage pattern should be
' such that water directed away from one structure is not directed
against an adjacent structure. The surface grading must be such
' as to carry surface drainage around the structure. Snowfall
' removal and parking lot grading must be planned so that snow
deposits do not block drainage on the surface or outlets of under-
' ground pipes.
At higher altitudes, s uch as this area,
' difficulty with freezing of drainage lines at the discharge point
' is probable. This can be overcome by discharging into a protected,
coarse rock and cobble fill or possibly a shallow sump with pump.
-18-
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' Both should be placed well away from any building. As an alter-
native, heat tapes could be used on the pipe at the discharge
point. The drain must be placed with due consideration given to
' the proposed pattern of snow removal.
Special Considerations:
Excavation should not be a problem in
the clayey sands or glacially deposited gravels. Cobble and small
boulder size rocks should not pose undue difficulty in excavation.
'
If very large boulders are encountered, some rock fracturing
' techniques may be required.
The foundation soils on this site were
' noted to be relatively free of sulfates; therefore, a Type I
Cement may be used in all concrete which will be in contact with
'
the soil.
The open foundation excavation must be
inspected prior to the placing of forms and pouring of concrete
' to establish that adequate design bearing materials have been
reached and that no debris, soft spots or areas of unusually low
d
i
ll place
density are located within the foundation region. All f
below the foundations must be fully controlled and tested to
ensure that adequate densification has occurred.
Zt is extremely important due to the
nature of data obtained by the random sampling of such a hetero-
h
i
i
l
h
b
i
geneous mater
anges
n
a
as soil t
nformed of any c
at we
e
' the subsurface conditions observed during construction from those
outlined in the body of this report. Construction personnel should
' be made familiar with the contents of this report and instructed
to relate any differences immediately if encountered.
-19-
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It is believed that pertinent points
concerning the subsurface soils on this site have been covered in
this report. If soil types and conditions other than those out-
lined herein are noted during construction on the site, these
should be reported to Lincoln-DeVore so that changes in recommen-
dations can be made, if necessary. If questions arise, or further
information is required, please feel free to contact Lincoln-DeVore
at any time.
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SOIL S DESCRIPTIONS ROCK DESCRIPTIONS SYMBOLS 8e NOTESr
lf~
a~ 76FFf Q`3'CA/PT/AV f7"~g OESCH/PTXIN .
,S7INBOC OfSGN/PT/ON
av
"~
te
Topsoil :o'.:pdy
~::°'~oL sm~cvrAm Roars
CONGLOMERATE " '
'
'R`
~'' 'a' ~ a/i2 Stondord pRnetrotbn driW '
. Numbers indicate s blows to drive
Man-mode Fill SANDSTONE the spoon Iz' into ground.
oo;oo
`o°o-o
'o
GW Well-graded Grovel ..
_ _ _
SILTSTONE
,
a ST2-I/z'Shelbythinwollsomple
00 0
°o o°
°oo GP Wort'-graded Grovel _____
=
=== SHALE '~ '
a __
X % X Wa Notural Moisture Content
GM Silty Gravel x x x CLAYSTONE
°° WsWeofhered Material
°o° GC Clayey Gravel COAL
_:a.,5va:
"'`~ `~" Fr°~
•Ot"
Free water tabb
::;:
;c
:: SW Well- raded Sand
9 LIMESTONE
._
g:
:
.
'
'
' I
I
t
i SP Poorly-graded Sond DOLOMITE YoNoturol dry density
I I I
~ ~ i SM Silty Sand MARLSTONE T.B.-Disturbed Bulk Sample
iii
~~~~ SC Clayey Sand GYPSUM Q Soil type related to wmptes
In report
ML Low-plasticity Silf __ Other Sedimentary Rocks
/~ /1/
r
~~~~ 1°REW9 ROCI(S
IS' W:
Top of formation
CL Low y y
-plasticit Clo /
~ i~ ~~ GRANITIC ROCKS Form.
+++
OL L.ow-plasticity Organic +*+ DIORITIC ROCKS ~ Tesl Boring Location
Silt and Clay
Jil'~ii;~)i
MH Higtrplasticity Silt N:~: ~/ GABBRO m Test Pit Location
CH Higtrplasticity Clay ~ RHYOLITE
Station
ismic or Resistivit
'"'~"i S
Z
OH Hlgh-plasticity -~-y
-
ANDESITE y
.
e
Lineation indicores approx.
-~- Organic Clay i4 lengthaorientotionofspread
"`"" (S=Selsmic,R•Reaistivity)
~' Pt Wat BASALT
GW/GM Well- graded Gravel, rae~~.e' TUFF 8 ASH FLOWS Standard Penetration Drives are mods
'
Silty ''~_ split spoon
by driving a stondord I.4
o v.:e:~:
s. ~ .: sampler into the ground by dropping a
0 ~/~ Well-graded Gravel, ;,°o' BRECCIA B Other Volcarucs laolb.weight3o'.ASTMtest
0 0 Clayey ~°' °' des
D-ISee
GP/GM Poorly-graded Gravel,
,. ~~~
Other Igneous Rocks .
.
Samples mot' be bulk
standard split
Silty
~ ,
'
0 0 ~~/ YET~MDRPHIC Roars spoon (bothdisturbed)or2-y2
I.D.
"
°
o ° o° o GP/GC Poorly-graded Gravel, ~' GNEISS ) Shelby tube
thin wan (
undisturbed
Clayey /%~ - samples. See log for type.
i
/
~
GM/GC Silty Gravel,
Clayey ~
~~i SCHIST
The boring logs show subsurface conditions
at the dotes and locations shown ,and it Is
GC/GM Clayey Grovel, PHYLLITE not warranted that they are representative
Silly of subsurface conditions at other locotions
:
.
SW/SM Well-graded Sond,
SLATE and times.
Silty
..
.
.
~
~.
SW/SC Well-graded Sand, is
~~
~ :i
METAQUARTZITE
: , Cla
e ..
I l l i l y
y o 0
~i ; ~l ; SP/SM Poorly-graded Sand, o MARBLE
Silty
I i i I SFYSC Worly-graded Sond, ~` HORNFELS
Clayey
~ I SM/SC Silty Sand, Clayey ~ r~ SERPENTINE
i
• SC/SM Gayey Sand, Silty ~ Other Metanorphla Flocks
CL/ML SII1y Clay L 7uRta
DevaR LR
E r,~°R^a°' c°I,,,d, ~~~,,,,a,, " `RPLANATION OF BOREHOLE LOGS
. _
TesrlRC G„R,,,a ~,;,,y, q,R,,,lry,
AND LOCATION DIAGRAMS
~A BORATOR T GlonC JOMibn; WYa: ROd 9prtnps
' "'~~- Job No• LO
' TEST HOLE No• T P S TP,
ELEVATION
1
.Ai /
s r
TP Sai/ .r R
. /
_.
.__
C/a tyS...d Sc)
y ~
/i
/ / ® Uayey Sand (9c~ ~~/ ~y.a/f%.
00 0 0 rtd Se~~ Je,.d ///.
We//!i'e~r.~
1
•
ro
/~'~ ~.
-- 10 •
c4.^wYe/s (Gu!), 01 /
boo// 6.w~/cd "'/~1
5 J %/~~da.
/3o/~tr Ippl ~•=6•/~O arwVtl_S.%lyt'6O~G~'1 ~ Op~O:a .._x'09- '
,
/nrw+n~ nr ~% dts~ ° ~ e%/ ~ti x,
' 0;0.0:1:
°
~
1 .
/hill/ 1 D /~i'ad
Aao~.'c . ;
;
'0 -- -
0 0 N•
~ 0
87
= 7
-O - 0 1 w,. 4.79, JQ..,e :.
:p .
tee
. _
some ~ m
I5
15
G
20
20
i -
25 ~. 25-
30-
30 -
r
w -
w
tL -
-
35 -
35
z -
40 40 -
x
I- -
w _
o -
LINCOLN COLORADO: COLORADO SPRINGS ~
DRILLING LOGS J
L~ ~eVORE
INEE RS•
N GRAND JUNCTION ~ PIIE860 ~
GLENWOOD SPRINGS
G
E
GEOLOGISTS WYOMING: EYANSTON
Soil Sample Gye// Graded Grave/ (G W)
Poice/ S' Ey/„dif F-//csidenee
Project P.ty.%r Co4iIfY. Ce/.i-ads
Sample Location Test PAY 'ors
Test No. 5222.5-GS
Date s' //r-8~
Test by MTw
~I GRAVEL + SAND I SILT TO CLAY l
Coarse Fine Co. Medium Fine Nonelastic to Plastic
100
AC 90
80
~+ 70
m
a 60
w 50
40
30
°i 20
~;
Z O ~ 1 I - ~~-
" ~ I D ame~er-( 4
1~J2" ~4" ~ #4 #10 #20 #p40 #100 #200 - Sieve No.
Sample No. Soi/ Tyoe 1
Specific Gravity
M9lature Content
.S[r/f4fe5 * /000 Ppm
Cu .6.36
cc /.0
Pinenesa Modulus
L.L._~, P.I. N'° `~
BEARIlYG pef
Sieve Size y6 Passing
+" /OO.O
3"
83 z
2~
~z r
i'2" ~i s
/" 64 6
sif" 57. /
3/B" 46.0
4 3S. 6
io 2S O
20 /S. /
4c B. S
/oa 4./
200 2.7
o. 02 _ /. 4
O.OoS ~ 0.7
GRAIN SIZE ANALYSIS LINCOLN-DeVORE TESTING LABORATORY
_ COLORADO SPRINGS, COLORADO
1
H
1 ~
a
ii' ~
~i
1~ ~
a
1
'~
Soil Sample Paery -6ra~ea/ lsrvv/ Si/~'y ~GP-Gm~
Force/~ 6ri3:/.Y F /7esid~.sce
Project P~lB.~ Co.ur/y, Ci/ira.1.
Sample Location Tes/ Pi% '~ Z
GRAVEL
Coarse F
100
90
8~
70
60
50
40
30
20
10
0
1001.1 I 1~
3, 1~2" ~4" ~'~
Test No. S222S'QS
Date S"/S-g'~
Test by SD
SAND I SILT TO CLAY
Medium Fine Nonelastic to Plast
1
D ame~er- (cc~n
" #4 #10 #20 #}40 #100 #200 - Sieve No.
Sample No. Sei'/ Tyio~ 2
Specific Gravity
Moisture Content
Effective Size
Cu /96.4
Cc ~ ~
Fineness Modulus
L.L., P.I. NP ~
BEARIPG pef
GRAIN SIZE ANALYSIS
Sieve Size y6 Passing
3 ~ /00. D
2" 87.6
i~z" 77. 9
~Y
7/.
3N' 64, g
ii2 " S9. B
3/a' S6. o
¢ 4B. B
io 92.7
zo 3i 6
4 0 12.5
ioo /¢, 2
10o io. 9
o.oz 6. 3
o.oe5 9.2
Sulfates t /DOO ppm
LINCOLN-DeVORE TESTING LABORATORY
COLORADO SPRINGS, COLORADO
F,~
Soil Sample C/ayey Sond (SC)
Pace/ S, Exbibi/ F-Resiel~nre
Project Pii/1.:~ Ce~..~~, Ce/sro/,
Sample Location Tesf Pi/ '~2@ 2=3'
Test No. Sz22S- 65
Date .S- /6" 8 ¢
Test by
GRAVEL I SAND I SILT TO CLAY I
Coarse Fine Co. Medium Fine Nonelastic to Plastic
90
t7
80
~ 70
w
a 60
w 50
40
w
30
°i 20
10
100 I I ~ IQ•0 I I D~ame~er- (tc~n)~
1~2a ~4• ~ #4 #10 #20 #40 #100 #200 - Sieve No.
Sample No. Sei/ Type .II
Specific Gravity
Moisture Content /4
Effective Size
Cu
Cc
Fineness Modulus
L.L.2B.3 P.I. /2.0 ~,
BEARING pef
Sieve Size 96 Passing
1 1/2" °
1"
3/4 " /DO. D
1/2 " 9B. 8
3/8" 97. 4
4 9.S 2
10 9i: O
20 77. /
40 66.2
100 54.0
200 4B. D
ozoo
oes
~lfctea 29. /
/s. s
/000 t p~
GRAIN SIZE ANALYSIS I LINCOLN-DeVORE TESTING LABORATORY I
COLORADO SPRINGS, COLORADO
COLADA CT D NAT.V~[/ Eg2TM BgCK F/LL
j/ \ \\ ~ ~\ /// ~ \ \\
/ 11POLY iTM LEN6 F LM - 0o TO W.[LL
r/~ i CARRY BENEATH DRAIN AS SNOW N.
~// \ \\ \ SANe y/
// F/LTL! // SAMD
~ FILTI!
IJALI \\` cGo[~LICT %~~. ~ ~ GenylL_
IY}.elR // -: _ is
_ o! /
/// - -+_ _ G
"'
_ , OLLf[
~ t
~ ~
/
~ ~ ~ /. D O O e
I
/
~
// . O . GV
OO
I
p00
e a°O O
t
MM.IJ°ArAYFb11 t
Mw,IJ'AY+Ay _
n.
° t
AlALL~ Ol/Tl YK,O _ e
~ FLOM WALL•
Of/TY yAlrfl
„p [N
~
~
A!O/MO B[YLOIM ; ,!~'ELi ALIYNe DVrLOIY
M M.•iLn. ~ 3,4 aC J
O. ~.(~
asLwEa F.
SPREAD FOOT/N61'YP[' GILADt Q6AM TypL
~//~ F/LTEG FRBCIC HAY QL ANy TVPC,
/// SIN/EAR TO CE LAML3c COOP. H/.eAF/ /10-
V~ LL/
•~~/~ FLOOK
oe ale ao 10•°°e° m
e s-soo eoo°°° ,
H/N. A.f°Awgy ° e e o° 3 ol4//Peer p
FRVH WALL. 4 ° GRA OS
OEDTH YAR/f5_f~~~Q P/vE~ i,
TO OVTLE r.
ARe YNn BVILDINy pOLyETry yLG'NE F/LH -ABOVE
MIN. ?Y, FrLrf¢ Fweuc
. Q EELOIJ DCA/N.
UNDE,2-SLAB, /IVT6C~o2 TYV6
W
NOTES•
.Size of perforated pipe sand filter varies with amount of seepage expected. 4" diameter is
most common.
.Gravel size depends on size of pipe perforations: 85% gravel> 2 x diameter of perforation.
.Sand filter must depend on native soil and must follow the Terzaghi-Vicksburg Criteria:
1) 15 filter 4+ 2) 15, filter ~ 4 3) 50% filter = 12 to 58
15 base - 5 base 5 base
This is required for stability and length of filter life. The sand filter may be replaced
with an approved filter fabric.
.A11 pipe to be perforated VCP, PVC or Orangeburg.
.4" flexible pipe may be used to depth of 4z feet, but must be carefully graded. 3" flexibly
pipe may be used to a depth of 7 feet and should be carefully graded.
.Rigid pipe only to be used below a depth of 7 feet below ground surface.
.All pipe to be laid at a minimum grade of 1.4% around building foundations.
.outfall to be free, gravity outfall if at all possible. Use sump and pump only if no
gravity outfall exists.
.Conditions can vary considerably, and each site may be variable as to quality of sand or
gravel required. All sites should be inspected to determine the amount and quality of
sand filter required, unless a filter fabric installation is used as shown.
~~
FLOOe
Co.w awcrfa -
NArIYG EAIL.TN
~~ / BACK.FILL
// \ \`~ ;
i% \ ~ \
j/ ~ ~~
/// \ \ ~ FarfG
PA/C[C
WALL
y // \ \ ~ 4lAVLL
/ // rd~ ° ~ GeuTfc'
// 00°O O •~
seed se
FLeM yJALL. OL /Dr _ .y
yAL/La ACOVND ~;4et (~Y IEEE.
BVILeIN 4. HW.2°~~; P/Il
F//-T£L Fste~eic A,LTtLNAT£
TYPICAL SECTIONS LINCOLN GOLORADO~ COLORADO SPR IN 89,
PERIMETER DRAIN & FRENCH DRAIN ~~ D@VORE Pu EeLO, 6LENWOOD 9PRINDS,
EN 6INEER9• GRAND JUNCitON [ YONTROSE
6EOLOGISTB WYOMING: ROCK SPRING!
~~ .~. ~
_ - -~~,4G5 I_~.849 -~- -
~ ~ L_ _ o L2 ~
?~~ C
••, z. ~oc.a o-^ ,
, ,11
~v ~ ~
r
..ov~_t
.,
.~
\\t: .
~'~%. '~
,.
_ \ .-I
` ~ ._ _~
EXHIBIT C
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OF
EXHIBIT B ~
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a M ~.f':, PA:PMI°H i. .-rl /~,~ tnt mot. ~t \ ~ \
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- t! t ~~ PARCEL ~ 1
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T.CY Ur OECCEE `~•
S
-.YS ~n.+.0_ 'LY
LOCO =.+p ~.,_TO4~C4L
E ~•.c~ww D,TEG=~~p
L, ~. =c LO. E'. ~ L.
CSC a_4T': OE! C R~ CEp
I, O~o,CCS 4iL OC TuE
la •N Y4E AbOVE-
t2t n.
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~.
S~`~ t5 - EXH18lT !~
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e N/ALL.II
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s ... r ~ v v
e. r. v v v
~~~~\ ~
TYP/CAL ROC/C COLLECTOR p~rcH
E~EVAT/O/V v/Ew
ao sc~vLe
PARGE
L ''S EX/Y/B/T-H LINCOLN 0
g~
D
F
, , -L'-0BNORE , GLENWOOD 9PRIN09
,
UE9LO
1'
,4iSlN RBs. /~
A $PEN fi ~.
OEOLOGE9T9 ORAND JUNCTION, YONTROBE ~
WYOMING: ROCK 9PRIN09
..
Application for Special Review- Jim Mollica and Sharon Kahn
Extension of utilities, water and sewer-
Rocky Mountain Natural Gas- A 3/4" coated and wrapped gas line will
be placed in the ground approximately 18" to 24" deep. The main gas
line hookup is at the southwest edge of the property. This was discussed
with Willard Clapper from Rocky Mountain Natural Gas.
Holy Cross Electric- The electric is to be run from existing lines in
front of Eest side of the property, The lines will run to the structure
on approved 30` wide access easement. The lines will be buried, (Ken
Roberts, engineer- Holy Cross Electric)
Mountain Bell- The phone will be hooked up to existing phone line which
is directly in front of property, 30 feet north of easement, It will
go in trench 3ointly with electric,
Sewer District- A sewer line is presently being installed on South
Seventh Street, An 8" sewer line will take sewage to the plant collection
line for this area. A 4" P.V,C, sewer pipe for the service line wij.1 be
buried in the access easement. (Jim McLaughlin- Aspen Metro Sanita~"on
District)
Water- will connect house to Cit}~r of Aspen water line currently in 7th
street, Will connect with a 1' line (Jim Markalunus- Water Department)
Forest Service- Randy Cote, head of Wildlife Preservation for
U,S, Forest Service has approved a house on this property with the
stipulation that a kennel be provided for the dog, He has discussed this
with Patsy Newberry at the Pitkin County Building Department and Richard
Grice at the Planning offic®.
See Lincoln Devore report for maps.
(" ~
yar
' The primed porliun. eflhln loan eeermed sr lhr
Cdoo6 Ned Fnlnfe ('ommiuionlJO 19~2~n11
i
~ ~ THIS IS A IECAI pISTpUMENT. IF MOT UNDEpST00D, IfCAI, TAX OR OTNEp CDUNSEI SNDUID BE CDNSUITED BEFORE SICNINC.
VACANT LAND
CONTRACT TO BUY AND SELL REAL ESTATE
(Seller's remedy limited to Liquidated Damages)
Aspen 20 _ Is 34
~, ~I t. The undersigned agent hereby neknowledges having received from -Sharon-Kahn
the sum ot$-S.,~DO fD ~.-,in the form ot.-pprSOnda-
!~ --check ,to be heldby_CoD1Ey-InVeSxmen-t--Co_ ,
broker, in broker's escrow or trustee account, ns earnest money and part payment fur the following described real
~' estate in the County of _(2~ {f(_j_n , Cola'ndo, to wit:
I
' S~hibi~A~~ttached hereto and incorporated herein.
together with all easements and rights of way appurtenant thereto, all improvements thereon and all fixtw'es of a
' Permanent nature currently on the premises except as hereinnfter provided, in their present condition, m•dinary '
' wear and tear excepted, and hereinafter called the Property.
2. Subject to the provisions of parngraph l7, the undersigned person(~._5h8r0 R-KahiT-~
- (H`Z14iDCtL'9ilDL'ClI:tWRtS t71111111N1gPL hereinafter called
j I'w'chnxer, hereby ngrees to buy Ule I'rupm'ty, and the undersigned owner(s), hereinafter cnlled Selleq hereby agrees ~I
~ Lo sell the Property upon the terms and conditions state
I 3. The purchase price sh be $ 1 • ~ ~ , payable as follows: $ 5i 0~ 0 • 00 hereby receipted for;
~~~OZ~/. PU
$7,500.00 in t rm of personal check, to be held in broker's
trust account, u n satisfaction or waiver of the contingency sett
t_. forth in pars ra 19 $12,500.00 in cash or certified funds upon]
9
~ delivery of deed (plus or minus customary closing costs and
/i 5,~a prorations), and $k1-68:0& in the form of a promissory note,
secured by a first deed of trust, with interest at 10% per annum,
payable in one year from date of closing or upon sale of Lot 32, .~~
Ridge of Red Mountian Subdivision, Pitkin County, Colorado, which-'
ever first occurs. said note and deed of trust to be on standard ~
~ forms, reasonably acceptable to seller. ~
4. Pricetoinclude: ydCant land and easementthe re to
and the following water rights:
any appurtenant to the property, by quit claim deed
6. It a new loan is to be obtained by Purchaser from a third party, Purchaser agrees to promptly and diligently (a)
apply for such loan, (b) execute all documents end furnish all information end documenta~required by the lender, and
(c) pay the customary costs of obtaining such loan. Then if such loan is not approved on or before N/ A ; -- ~ -
19_, or if so approved but is not available at time of closing, this contract shall be null and void and all payments and
things of value received hereunder shat) be returned'to Purchaser.
6. If a note •end trust deed or mortgage is to be assumed, Purchaser agrees to apply for a~loen assumption if
required and agrees to pay (1)aloan transfer tee not to exceed$~~Q and (2)an interest rate
not to exceed ~ per annum. If the loan to be assumed has provisions for a shared equity or variable
interest rates or variable payments, this contract is conditioned upon Purchaser reviewing and consenting to such
provisions. It the lender's consent to s loan assumption is required, this contract is conditioned upon obtaining such
consent without change in the terms and conditions of such loan except as herein provided.
7. If a note is to be made payable to Seller as partial or full payment of the purchase price, this contract shall not
be assignable by Purchaser without written consent of Seller.
N. Coat of any appraisal for loan purposes Lo be obtained after this dote shall be paid by Purchaser
--- ----- - - - ---- 'I
na. ti( 28.2•X1. 1'onl nel lu Nur and x 11 Nrd K.Ide IAunnl L,ndl ~ ~i
If rxJf. vll uLli•Li ,alu xN_a\\. afl Are. Lxkf w, d (nlnrmlu NU:H INlil _:f:LMJUU- 692
~. w
r r
~Aa i{IF'.tra Yt{rf.lltlE•~tY ljW r1:ap W'.ty~ C.Eti 6lfYid to-diE14 W'~t~'n 1're nt CU nl nlltm E•nl for title loan ranee policy 1n $n
amo t equal to the purchase price, at Scller'y~y:GiwE-arwl expense, shall be furnished to Purchaser on or before
dune $ _•Ig 84j($elTereleE7a:teG:rwto}K;«ialiAriiEww~xwE~newEmE7m«n'f Seller will
deliver the title insurance policy to Purchaser after cloQsinK and~tpav thpe premium thereon.
]0. The date of closing shell be the EI000 ~ eels"111"vas Lmefl £4V~0~ ~n paragraph 11. The hour and place of
closing shall be fle designated by y
11. Title shall be merchantable in Seller, except as stated ih this paragraph and in paragraphs 12 end 13. Subject
to payment or tender as above provided and compliance by Purchaser with the other terms and provisions hereof,
Salle~• all xecute and deliver $$ good and sufficient Q87Ft?-T~-~-- warranty deed Y.o Purchaser on
J U y ~ , 19 84 , or, by mutual agreement, et an earlier date, conveying the Property free end
clear of all taxes, except the genernltaxes for the year of closing and except -one ,
free and clear of all liens for special improvements installed us of the date of Purchaser's signature hereon, whether
assessed or not; free and clear of ell liens and encumbrances except n On e
except the following restrictive covenants which do not containaright of reverter: none
...i
l-
and except the followings)xcific t•ecm'dcd and4n' apparent easements: n On e
and subject to building and zoning regulations.
12. Except as stated in paragraphs ] 1 :nd l3, if title is not merchantable and written notice of defect(s) is given by
Purchaser or Purchaser's agent to Seller or Seller's agent on or before date of closing, Seller shall use reasonable
effort to correct said defect(s) prior to date of closing. If Seller is unable to cmv'ect said defect(s) on or before date of
closing, at Seller's option and upon written notice to Purchaser m• Fm'ch aser's agent on or before date of closing, the
date of closing shall be extended thirty days for the purpose of correcting said defect(s). Except as stated in paragraph
la, if title is not rendered merchantable as provideEl in this paragraph 12, at Purchaser's option, this contract shall be
void and of no effect end each party hereto shall be released h•om all obligations hereunder and all payments and
things of value received hereunder shall be returned to Purchaser.
13. Any encumbrance required to be paid may be paid at the time of ddsettlemenSt from the proceeds of this
transaction or from any other source. Provided, however, at the option of ~i~L~~R'e i~the total indebtedness
secm'ed by liens on [he Property exceeds the pu rchnse price, Lhis contract shall be void and of no effect and each party
hereto shall be released from all obligations hereunder and all payments and things of value received hereunder shall
be retm'ned to Purchaser.
14. General taxes for fire year of closing, based on the most recent Icry'and the most recent assessment, prepaid
rents, water rents, sewer rents, FHA mortgage insurance premiums and i gteres(op encumbrances, if any, and
- none - "'--"' ah:iii he'apportioned to dote of delivery of deed.
15. Possession of the Property shall be delivered to Purchaser on d0 ~ 1 VQ P,y 0 f dee d
subject to the following leases or tenaancies: none
Ifi. In Lhe event the Ih'oprrly is substantially damaged by Ci re, flood m' other r.ESUalty between [hc date of this
contract and the date of delivery of deed, Pm'ehasm' may elect to terminate this cond'act; in which case all payments
and things of value rerE•ived hereunder sh:dl he returned Lo Pu rch:ESCr,
li. Time is of the essence hereof. If any note nr check reecired ns earnest money hereunder or any other payment
due hereunder is no[ paid, honored ur to ndered when clue, or if :my otluv' ubligatiuu hereundm' is not pe rfor au•d as
herein provided, there shall he the (allowing reuavdies:
la) 1F 1'l)RCIIASF.R IS IM1 DF: F'A I11.T, Ihon all pay um nts and thing. of value rcaeivod hereunder sh~dl be
forfeited by Pu rch user and retained un behalf of Seller :urd Loth parties shall thereafter be rele:ESed from all
ohligations hereunder. It is nKrued that su E•h p:q'nu•nts and things of value are LIQUIDATED DAMAGES and
(except as provided in subparagraph (c)) are the SN:LLF:It'S SOLE AN11 ONLY RN:MEhY (or the I'urchuser's
fiEilurr to pur(orm Uu• obligations uC this runt coat. Seller rxpressl>' Evuivra U:e comedies of specific perfm'mnna•
and additional damages.
fb) IF' SF:LLF.R i8 IN Di:FA LILT, (t) 1'u reh:ca+r miry eli•H to tre:r£ this clrn tract asiterminated, in which case
all payments and things of value received hereunder shall be rata rneJ to Purchaser and Purchaser may recover
such damages nn may be prupm~, ur (2) i'u reh:aser nmy elErt Grp'cat this contract us being in full force and effect
and 1'u rE•hxscr shall hove the right to un :u•tian fur spoeifir performance ar damages, or both.
(E9'-Anything to [hr contrary herein nnlwithslnnding, in the'event of un.V`ilCgetian arising out of this
cmrtrnct, the com•t may award to the prev:ai ling party :Ell rcarwrnnblr vonts and expense, includinK attorneys' fees.
IH. Purchaser and Seller ague t h:at, in the event of any con U'oversy reg:u•d1n L,+the'elErnest money held by broker,
unless mulusd written imW'uct ran is received by hrnker, hruker shall not bo required to take any action but may await
any proceeding, ur sat Lruker'x apt run and discretion. may iu4u'plcud any mane}•s ar lhiugs ol.value into court and may.
recover court cants and rcnsun:dde at turneys' fees.
_ -- --
19. Additional provisions: ~~
~~ a. Purchaser shall have until June 1, 1984 within which to satisfy
~' herself that a building permit can be obtained to erect a single ~
family residence of up to 3,000 square feet on the subject property,
'g without the necessity of substantial expenditures,or d0g'•reste'ficti'bns
d to mitigate any potential problems raised by the City County Build
ing Department, including, withliut limitation, wildlife, soils,
~' ~j avalanche, etc. Upon full execution of this contract, Purchaser
~ !; shall have the right to enter upon the property with architects,
engineers, etc. and to make such measurements and tests necessary
to satisfy this condition. Seller shall reimburse Purchaser up tl
$1,000.00 for any soils tests performed, provided that Seller be
~; given a copy thereof Said soils test shall be performed by ~
gineers acceptable to Purchaser and Seller, and, in the event of
disagreement, by Lincoln-Devore. If Purchaser is unable so to
satisfy herself by June 1, 1984, she shall have the right to j
terminate this contract, and all earnest monies shall be returned i
to her.
~~ i
b. Seller shall reasonably cooperate with Purchaser in her inves~~-
igation above, and furnish to her copies of any surveys, engineering
reports, etc. in his possession. III
c. Purchaser's earnest money shall be placed in an interest bear~ng
account, interest to accrue to her.
20. If this proposal is accepted by Seller in writing and Purchaser receives notia•e of such acce pta ne•e on or before i
-- J~p r11-2~ 19_ 84, this in slr mnent sh all become a cuntr:~et between Seller and Pw~ehascr and shall ~
inure to the benefit of the hers, 'u ccrsso rs :uul assigns of such parties, exec pt as stated in paragraph 7.
( G ~
2~0~~>i~nka~~ _Coo~ey_lnve_stment Co.
~•,,,,~,..e, a ro n Ka h n ~~„~,~ ...
rug-,~i,„.,
Suzann L. Resnick
~~~ I'u rch aser's Address P-D~_ 69X_ 3.3$~n_a KElla_ ~.Q
(The following section~o b c~ pleled by 5 Iler and Listing AKenl) ~ ,y/
X21. Seller accepts the above proposal this ~ day of - ~t:V'•"'~ , 19 ~,, and agrees
to pay a commission of S 9r oC the pm~chase price for services in this transaction, and agrees that, in the
event of fmieitu re of pa} iethinKs of value received hereunder, such payments and things of value shall be
'. Ji vided between listing broker and Seller, one-half thereof to said broker, but not to exceed the commission, and the
~, ~ balance to Seller.
s..u~ s.~u.~-
ICI
i 1
Seller's Add ress I SLL• <`'~~/`_``'-' ~/"~ -~~~~''
Listing Broke is Name and AJdross JH~-"_S ~~`'e /~/[cam •~ ~SS ~~~ _ ~~V'+/
[3 }':
CS/kgs
Order Number. 11517
SCHEDULE A
t. EHectiva dote: µgy 18, 19$3 at 8:00 A.H.
2. Policy or Policies to be issued:
0. ALTA Ovmeys Policy
Proposed Insured:
Commitment Number.
Amount of Insurance premiutR
S
& ALTA Loen Policy 5 25 a 000.00 $147.00
Proposed Insured: Tax Certificate 5.00
First National Bank in Aspen
G S
3. The estate or interest in the land tlescdbed or rafertetl to in this commitment snd covered herein is fee simple antl title thereto
is at the effective date hereof vested in:
James J. Monica
4. The land referred [o in this commitment is described es follows:
See attached Exhibit "A"
OP
Amhonzed ountemgnature
1f152110M 1&92)
Paget STEWAKT TITLE
OOARANTY COMPANY
~.
~~ SCHEDULE B -Section 1 ~~
Order Number. 11517
Requirements
Commitment Number.
The following are the requirements to be complied with:
Item (a) Paymentto orforthe account of the grantors or mortgagors of the full consideration forthe estate or interest
to be insured.
Item (b) Proper instrument(s) creating the estate or interest to be insured must be executed and duly filed for record,
to-wit:
1, ~ Deed of Trust dated Jmfe 6, 1978, executed by Jaws J. Mollies,
to the Public Trustee of Pitkin County, to aecttra an itdebtedness of
in favor d lt, >;eiih S. Marolt, Peggy
onise Eckenrode, Jndy Mar1e Tesitor and Vicki Ann Marolt, recorded Jtme
6, 1978, in Book 349, at Page 320, as Reception No. 204637.
2, '~ of Deed of Trost dated Jtme 6, 1979, exewted by James J. !lollies,
to the Public Trustee of Pitkin County, to secure an indebtedness of
520,000.00, in favor of Co., recorded
Jone 6, 1979, in Book 370, at Page 252, as Reception No. 215169.
NOTEe Agreement extending the date of pn of shave Deed of Trust to
December 6, 1979, recorded September 4, 1979 Book 375 at page 277 as
.Reception No. 217681.
NOTEt Agreement extending the of payment of a Dead of Trost to
January 6, 1980, recorded Dec 1979 in Book 380 aC page 305 as
Reception No. 220095.
;, peed of st dated Febrna 25, 1981, executed by James J.
ca, to the Pub c etas of Pitkin County, to secure an itdebtedneae
of (no emotutt Sven), n favor of
I2I, r o d March 18, 1981, in Book 405, at Page 854,
as Rece t n No. 231617.
Deer] of et fran the Borrower to the public Trustee for the use aE the
proposed ie to secure the loan.
NOTEt Said Deed of Trust most also enenatber the following described
eaaementt
An easement 30 feet in width for utility and right of Bray purposes
described as follows:
~7GZNNI1iG at the above described point of beginnings
thence North 70.25` East 30.35 feet!
thence North 28.20'55• Nest 154.30 feat!
thence South 61.56'10• Nest 30.00 feet!
thence South 28.20'55' East 149.82 feet 1n the Point of Beginning.
County of Pitkin, State ~ Colorado
Pa es STEWAKT TITLE
1653 g OOA RA NTY COMPANY
SCHEDULE B -Section 2
Exceptions
Order Number: 11517
Commitment Number:
The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the
satisfaction of the Company:
1. Rights or claims of parties in possession not shown by the public records.
2. Easements, or claims of easements, not shown by the public records.
3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any facts which a correct
survey and inspection of the premises would disclose and which are not shown by the public records.
4. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law
and not shown by the public records.
5. Defects, liens, encumbrances, adverse claims or other matters, if any; created, first appearing in the public
records or attaching subsequent to the effective date hereof but prior to the date the proposed insured acquires
of record for valuethe estate or interest or mortgage thereon covered by this Commitment.
b. Any and all nnpaid taxes and assessments.
7, The effect of inclusion in atty+ general or specific, water conservancy, fire
protection, soil conservation oz other district or inclnsion in any Fa ter
service or street improvement area.
8. Right of the proprietor of a vein or lode to extract and remove his ore
therefrom, should the same be found to penetrate or intersect the pretaisea
hereby granted. as reserved in Onited States Patent recorded December 3,
1892 in Boaz 55 at Page 35 as Reception No. 50143.
9. Easement for entry to construct a pipeline and make repairs as granted in
Quit Claim Deed recorded March 26, 1899 in Book 93 at page 6 as Reception
No. 40678, the specific location of which is not defined.
10. Covenants and conditions as contained in Deed recorded Harsh 22, 1918 is
Boric 156 at page 84 as Reception No. 79260.
11. Terms and conditions as act forth in Quit Claim Deed ting 20 feet wide
right of way for the construction, mai a nonce and ope ion of a water
pipeline, flume or ditch, recorded Dece 21, 1940 in do 170 at page
13 as Reception No. 91 the specific o tion of which a not determined.
12. Right of y 20 feet in i h granted to oly Cross Electric Association,
Znc, to an electric tritrution lin recorded (no date) in Book 282
at page as Reception N 64087.
13. Grant of se ent 5 feet in width to The City of Aspen to construct, operate,
maintain, ciao, repairing, and nse of the fire hydrant recorded February
11, 1976 in 308 at page 688 as Reception No. 181685.
14. Terms, conditions, and obligations as set forth in gastteent Acrreement recorded
Harsh 18, 1981 in Book 405 at page 839 as Reception No. 231614.
Exceptions numbered
are hereby omitted.
Page4 STEWART TITLE
1654 OIIA RA NrY COMPANY
~ e
EXTENSION AGREEMENT
WHEREAS, Sharon Kahn ("Purchaser") and James Dlollica
("Seller") entered into a Receipt and Option Contract ("Contract"
dated April 20, 1984, and
WHEREAS, in Paragraph 19 thereof, as amended by Seller's
agreement dated May 25, 1984, Purchaser was to have until
June 8, 1984 to obtain assurances of being able to obtain a
building permit without certain restrictions or conditions,
and
WHEREAS, it has not been possible to obtain such
assurances and it appears that Special Review may be required
to obtain a building permit, and
WHEREAS, the parties desire to go forward with a Special
Review application if necessary,
NOVd, THEREFORE, the parties agree as follows:
1. The date in Paragraph 19 of June 1, 1984, previously
amended to June 8, 1984, is now amended to August 1, 1984, and
the date of July 2, 1984 in Paragraph 11 is also amended to
August 1, 1984.
2. The parties shall cooperate in expeditiously
processing a Special Review application, and shall share
equally the cost of the application fee therefor.
3. If approval for a building site of a single family
residence as set forth in Paragraph 19, without any require-
ments or conditions except those recommendations set forth
in the Lincoln-DeVore report dated May 31, 1984 is obtained on or
before August 1, 1984, closing shall take place on August 1,
1984 as contemplated in the Contract, as amended herein.
4. If for reasons not the fault of Purchaser such
approval is not obtained by August 1, 1984, Purchaser shall
have the option of terminating the Contract, in which event
her earnest money shall be returned, or of extending the time
to obtain such approval until September 3, 1984. If such
approval is not obtained by that date through no fault of
Purchaser, she shall have the option of terminating the
Contract, in which event her earnest money shall be returned,
or of closing on the Contract without such approval.
In all other respects the Contract shall remain unmodified
and in full force and effect.
Executed thi s day of June, 1984.
,, ~p
,i V(Cl ~~, ~ ~ ~ ~' Yi ~-Ce.i,~
S aron Kahn mes Mollica
-2-
Pwcord~;d_at 2:30PM March 18,--1981 Loretta Banner, Reception #~3~~~~ 7riaClco,..~ y/~/<~
Recorder I
.~405~83~ '',
EASEMENT AGREEMENT
THIS INDENTURE made this a~~'day of 1~~~.
1981, by and between RONALD GARFIELD, ANDREW V. HECHT, and
~FRANK7.P7O0DS III (hereinafter referred to as "Grantors"), and
I
JAMES J. b1OLLICA (hereinafter referred to as "Grantee"), all
II of Pitkin County, Colorado.
i W I T N E S S E T H:
WHEREAS, the Grantors are the owners of a parcel of
real property situate in Pitkin County, Colorado and more
particularly described on Exhibit "A" attached hereto and
incorporated herein by this reference, which parcel adjoins a
parcel of real property owned by Grantee, situate in Pitkin
County, Colorado and more particularly described on Exhibit
~I "B" attached hereto and incorporated herein by this reference;
and
WHEREAS, Grantors have agreed to convey unto Grantee,
~,' his heirs, successors, grantees, and assigns, a permanent and
perpetual easement for utilities and for a right of way for I
access, for the mutual covenants and conditions hereinafter
~ set forth;
NOW THEREFORE, in consideration of Ten Dollars
($10.00) and the mutual covenants contained herein, the receipt,
sufficiency, and adequacy of which are hereby acknowledged,
the parties mutually agree as follows:
1. Easement. Grantors hereby convey and grant unto
the Grantee, his heirs, grantees, and assigns, a permanent and
perpetual easement and right of way across the property of
Grantors, above-described, for access to the property of the
~' Grantee and for the construction, use and maintenance of util-
ities and utility lines of all kinds for the benefit of the
Grantee's property, including but not limited to water, sewer,
III ri
elect '
city, gas, telephone and cable television. All utilities
I
.x,405 '~°840
shall be placed underground. Such easement shall be twenty
(20) feet wide and shall commence at the southwestern coiner
of the property of Grantors and shall run along the western
boundary of that property until it reaches the northwestern
corner of said property. The easement herein granted is more
fully described on Exhibit "C" attached hereto and incor-
porated herein, and is depicted on Exhibit "D" attached hereto
and incorporated herein.
2. Construction, maintenance, and landscapin The
Grantee does hereby agree to construct a "roughed in" roadway
across such easement, and to maintain such roadway in good and
passable condition. Grantee shall be obligated to clean up
and restore any damage caused to the property described in
Exhibit "A" during the construction of such "roughed in"
roadway. The utilities shall be installed at such time as
required by owners of the property described in Exhibit "B";
provided, however, that each time utilities are installed, the
land be revegetated and landscaped to the same standard as
required after construction of the upgraded roadway, as herein-
after set forth. The roadway shall not exceed twelve feet in
width and shall be located along the southwesterly border of
Grantor's property line. At such time as a residence has been
constructed upon the property described in Exhibit "B", the
then owner of such property shall be obligated to upgrade the
~.
surface of the roadway to a minimum of "chip and seal" surface.
After such upgrading of the roadway has been accomplished,
Grantee shall be obligated to clean up and restore any damage
caused to the property described in Exhibit "A". Further,
after such upgrading, the Grantee shall landscape and revegetate
the area in and around such area to provide minimal environmental:'
impact to the surrounding property and to conform such roadway I'
to the topological and esthetical qualities of the community.
Grantor and Grantee, or their then successors in title, shall
-2-
..405 ~...°` 841
mutually agree upon the landscape and revegetation plan prior
to commencement of the landscaping and revegetation. Grantee
agrees that without limiting the foregoing, that Grantee may
have to spend an amount approximating $2,000.00 in order to
adequately revegetate and landscape. Such upgrading shall be
finished within ninety days after the obtaining of a certifi-
cate of occupancy for the residence so constructed on the
property described in Exhibit "B" (unless the completion of
the upgrading is delayed by weather, act of God, strike or
other similar delay, in which event the ninetyday period shall
be extended for a period equal to such period of delay).
', 3. Reservation of use to oroperty of Grantors.
Grantors, however, reserve unto themselves, their successors
and assigns, the privilege of utilizing the roadway constructed
upon their property for the same purpose that such roadway may
be used by Grantee provided such use by Grantors shall not
interfere with the ri hts of Gra
g ntee. Grantee acknowledges
that the roadway may be used by the owners of the property
described in Exhibit "A" for access purposes, and that to such
extent, the easement is nonexclusive as to the owners of the
property described in Exhibit "B". Further, Grantors shall
have the right to construct improvements upon the eight feet
of the easement upon which the roadway is not constructed (the
eight feet furthest from the Grantors' southwesterly border
within the twenty-foot easement), so long as such improvements
never encroach upon or interfere with the roadway, the utilities,
or the purposes for which the easement is granted.
4. Use of land of Grantee. Grantee hereby cove-
nants and agrees for himself, his heirs, grantees and assigns,
in consideration of the conveyance to Grantee of the above-
. described easement, that the owners of the property described ~
in Exhibit "B" will not permit construction upon such property
of any improvements having a greater density than a single-family'
- 3-
®4L15 '~°`842
dwelling unless and until the owner of the property described
in Exhibit "A" constructs on that property improvements having
'' a greater density than a single-family dwelling. The term
"single-family dwelling" as used in this paragraph includes in
addition to a single-family dwelling, a quest house, a care-
taker unit, and any accessory structure such as a detached
garage, storage sheds, tennis court, swimming pool and similar
accessory structures.
5. Lot Line Adjustment. As partial consideration
for the granting of the easement, Grantee agrees to simultaneous
with the execution hereof convey to Grantor by general warranty
deed that certain portion of Grantee's property containing
approximately 3475 square feet located in the northerly part
of Grantee's property. Grantee represents that he has received
the necessary approvals from Pitkin County to make such convey-
ance. The specific portion to be so conveyed is depicted on
Exhibit "D" hereto and is located on such Exhibit "D" within
the property designated thereon as "Parcel #1 of Exhibit A".
Grantee hereby covenants that he is now the owner of such 3475
square feet and that he shall convey same free and clear of
all liens and encumbrances except for the lien of the existing
first deed of trust, which lien Grantors shall be taking
subject to. Grantee hereby represents that the unpaid balance
on such first deed of trust does not exceed $34,794.12. Grantee
shall execute and deliver to Grantors an indemnity deed of
trust encumbering the property described in Exhibit "B", which
shall secure Grantee's obligation to obtain a release of the
said existing first deed of trust at such time as the note,
which is secured by such first deed of trust, has been paid in
full. Further, within six months of the date hereof, Grantee
shall deliver to Grantor a survey prepared by a licensed
surveyor/engineer of Grantors' exterior lot lines as located
after the lot line adjustment.
-4-
,405 '.~~:$43
6. Indemnification. Grantee hereby agrees for
himself and for all successor owners of the property described
in Exhibit "B", to indemnify, hold harmless and defend the
owners of the property described in Exhibit "A" from and
against all claims and liabilities (including but not limited
to claims and liabilities arising from injury or death to
persons and damage to property) arising from construction,
maintenance, repair or use of the road by the owners of the
property described in Exhibit "B". At any point in time, this
indemnification shall be the obligation of the then owners of
the property described in Exhibit "B", and not the obligation
of any owners prior to or after that particular point in time.
7. Prior easement and right of way. Depicted on
Exhibit "D" hereto is a parcel of land described as "Parcel 2
of Exhibit B", and depicted therein is a thirty (30) foot
easement and right of way for the benefit of the property
described on Exhibit "A" hereto and on Exhibit "B" hereto.
Grantee hereby covenants with Grantor that the owners of the
property described in Exhibit "B" shall not be entitled to use
such easement and right of way which is depicted within such
"Parcel 2 of Exhibit B" as depicted on Exhibit "D" hereto.
Upon execution hereof, Grantee shall quit claim to Grantor all
of Grantee's right, title and interest in and to such easement
and right of way.
8. Grantors' land use applications. So long as
this Agreement is in effect, Grantee shall not oppose any land
use applications made by Grantors before any applicable govern-
mental bodies relative to the property described in Exhibit "A".
9. Covenant running with the land. For so long as
the same shall be in effect, the rights above granted shall be
a burden and benefit of the respective properties herein
described. The obligations herein contained of Grantors are
the obligations of the then owners of the property described
-5-
X405 ~_:_~~844
in Exhibit "A" at any point in time
of the then owner's predecessors in
herein contained of Grantee are the
owners of the property described in
in time, and not the obligations of
sors in title.
and not the obligations
title, and the obligations
obligations of the then
Exhibit "B" at any point
the then owner's predeces-
10. Enforcement of Obligations. In the event that
Grantee fails to timely (a) install the utilities underground
and pay for same, as required by paragraph 1, above, (b) con-
struct and upgrade the roadway and to revegetate and landscape
and pay for same, as required by paragraph 2, above, or (c)
obtain, deliver and pay for the survey, as required by para-
graph 5, above, then Grantor shall be entitled to so perform
Grantee's said obligations, in which event Grantee shall
reimburse Grantor for monies so expended within seven days of
completion of such performance by Grantor. In the event that
Grantee does not so timely reimburse Grantor, Grantor shall
have a lien upon the property of Grantee, as described in
Exhibit "B", which lien shall be foreclosable by Grantor in
the same manner as the foreclosure of a mechanics lien.
11. Attorneys fees. In the event that this Agreement
becomes the subject of litigation, the prevailing party shall
be entitled to an award for attorneys fees and expenses incurred
in such litigation.
ZN WITNESS WHEREOF, the parties hereto have executed
this Easement Agreement on the day and year above first written.
GRANTEE:
me J. Mollica
-6-
~4c15 ~.:..~-845
(Easement Agreement)
STATE OF COLORADO )
ss.
COUNTY OF PITKIN )
The forego'ng instrument was acknowledged before me
,,.this a G~ day of 198 }y JAMES J.
' NIOLLICA. ~"
WITNESS my hand and official seal.
`;,
,-
' My commission expires: ~~~~y~8~
' J A/~!r'Yt~ `/.I~GV!'J~A~n rte/
N ary Public
STATE OF COLORADO )
ss.
COUNTY OF PITKIN )
~_ The foreg ing instrument was acknowledged before me
this % 1 day of ~ ~~c~-~-~ 198 by ONALD
GARFIELD, ANDREW V HECHT nd FRANI WOODS III.'
_ „ i ~~i
WITNESS my hand and official seal. `'
,:
My commission expires: ~~~i%~ ~,;
~ ,
Notary Public
-7-
~.,, 405 ~_, _~. 846
EXHIBIT "A"•
A tract of land in Lot 13 (trom T!•!.P flat by l•!ithers approved July ].S, 1539),
Section 12, Township 10 South, P.an;:e SS l:'esC: Si.sth 1'rincil+al :Ieridian, bei.n~
part of the "Stitzer Entry" described as fol.loc;s:
Eeginning at a point, a fence corner iu place, bcin; 2;12.47. CoeC YorCh G!'].9']5"
l':eSt from the 25" Y. 14" l: 10" iOCk 4:LtIK•S:i corner mn Mldi.'_nt SC L" for (:h/_ :'1tnCSS
point for the South quarter corner oC Secti.on 12 (c~.iCncss corner r•;or.ument shot.n
in Cutshaw notes and plat' approved D:nvanbcr S, 1883); said rncl: bein^, 78.57
i eet ~t:orth 78°10'30" t?cst from an unapproved 1954 hurcau of. Lacul ;fana~cment
hcass Cap stamped as witness corner,
thence South 41°19'50" East G2.56 feet along a feur_e J.ine Co t:hc fence corner,
thence South 61°02'15" West 84.61 feet along a fence line to Che fence'corner,
thence South 71°22' 4!est 151.41 feet along a fence line to Che Easterly Iine
of property described in Book 182 at pare ].83, I'itlcin County records,
thence North 23°19' SJest 170. SG feet along the Easterly line of. property described
in Book 182 at page 183,
thence North 54°00' Gast 126.00 feet:
thence [.orth G1°56'10" East 80.00 f.eet_
thence South 28°20'55" East 149.82 feet Co the yoint of beginnings.
TOGETHER with a 30-foot perpetual right-of-t•~ay and uCili.e}• casement upon, over,
along, across and under the real~propcrty described as follows:
Beginning at [he above-described point of beginning,
thence North 70°25' East 30.35 feet:
thence Plorth 28°20'55° k'est 154.30 feet;
[hence South 61°56'10" Lest 30.00 feet:
thence South 28°2C'SS" East 149.52. feet Co. the point of beginning,
`rh1 in the County of l'itkin, State of Co].ori:do.
E.:4(IBIT '~B~ ..405.~'~~84`7
A tract of land in Lot 13 (from TWP Plat by Withers approved
July 18, 1889) in Section 12, Township 10 South, Range 85 4Test
of the 6th Principal i•Ieridian, being part of the "Stitzer Entry"
described as follocis:
BEGIt7NING at a point, a fence corner in place, being 282.41 feet
North 66°19'15" West from the 28"x14"x10" rock Witness Corner
N,onument set for the S9itness Point for the South one-quarter (~)
corner said Section 12 (Witness Corner 2:onument shown in Cutshaw
notes and plat approved November. 8, 1888) said rock being 78.57
feet North 78°10'30" West from an unapproved 1954 Buzeau of Land
i4anagement Brass Cap stamped as i4itness Corner;
?; thence North 70°25' East 132.33 feet to line 2-3, United States
Mineral Survey n4211, Homestake Claim;
'~ thence South 09°37' East 200.25 feet along said line 2-3, to
property described in Book 243 at Page 894 in the records of
Clerk and Recorder of Pitkin County, Colorado;
~;; thence South 82°26' 6Vest 312.13 feet along the Northerly line of
?~ property described in Book 243 at Page 894 to the corner 'of
'' property described in Book 182 at Page 183;
i; thence North 23°19' West 62.56 feet along the Easterly line of
property described in Book 182 at Page 183;
j thence North 71°12" East 151.41 feet along a fence line to a
fence corner;
~j thence North 61°02'15" East84.61 feet along a fence Line to a
~~ fence corner;
~~ thence North 41°19'50" West 62.56 feet along a fence Line to the
i~ Point of Beginning,
Pitkin County, Colorado.
.e 4CJ5~~~~ 848
EXHIBIT "C"
v strip of land 20 feet wide situated in Section 12,
Tovrnship 10 South, Range 85 West of the 6~ P.I/i, , Pitlcin
County, Colorado being the southwesterly 20 feet of that
parcel of land described in Book 367 at Page 687 in the
Uffice of the Clerk and Recorder of Pit kin County, Colorado
described as follovrs:
Beginning at the Southwest corner of that parcel of
land described in said Book 367 at Page 687 vrhence the
original rock vritness corner monuetent set for the South ~
corner of said Section 12 bears I~1.71°12'E. 151.c~1 feet
ft.61°02'15"E, 84,61 feet, and 5.73°00'E. 227.23~feet.
Thence N,23°ly':"!, 170.$6 feet along the southwesterly
line to the Diorth:vest corner of that parcel of land
described in said Book 367 at Page 687
't'hence N.54°00'E. 20.50 feet along the ncrthwesterly
line of that parcel of land described in said Book 367 c:t
Page 687
Thence 5.23°ly'E. 1']6.94 feet to a point on the
southerly boundary of that parcel o£ land described in said
Book 367 at Page 687
Thence 5.71°12"vV. 20.06 feet
of that parcel of land described
687 to the point of beginning.
along the southerly line
in said Bcok 367 at Page
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22 JANUAIiY,19R l LORt:'f'fA ISANNIiK,RL•'Cl>ItU~li
;004(131~~.2~~
RESOLUTION OF 'fHL•' BOAfiD OF COUNTY
COMMISSIONERS OF PITKIN COUNTY, COLORAUO
GRANTING SUBDIVISION:EXEMPTION TO JAMES MOLLICA
Resolution No. 80 - ta.~
WfiEREAS, James J. Mollica is the owner of record of approximately one
acre of real property located adjacent to the base of Shadow Mountain in
Pitkin County, Colorado, and
WHEREAS, James J. Mollica has requested subdivision exemption for the
conveyance of 3,475 square feet to the owners of an adjoining tract,
• Ronald Garfield, Andrew V. Hecht and Frank Woods, III, in exchange for an
access easement totalling 3,478 square feet, and
WHEREAS, the Hoard of County Commissioners has determined that this
request is consistent with the provision of Section 4-2.2(a)(2) of the
Pitkin County Land Use Code.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Pitkin County, Colorado, that a subdivision exemption is hereby granted to
James J. Mollica for a lot line adjustment of 3,475 square feet to be conveyed
to the owners of the adjoining tract, Ronald Garfield, Andrew J. Hecht and
Frank Woods, III, in exchange for a 3,478 square foot access .easement.
Approved by the Board of County Commissioners at i.ts reg::lar meeting on
December 22, 1980.
BOARD OF COUNTY COMMISSIONERS
OF PITKIN COUNTY, COLORADO
b `
Y
Micha 1 Kinsley, C airman
ATTEST:
~e,/
APPROVED AS TO FORM:
~_
ounty Atto e
,.~ ... ,
~., , ` ~ rte!, `.~ ••~," ;z
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October 23, 1980
Mr. Richard Grice
City of Aspen
Planning Department
130 S. Galena Street
Aspen, Colorado 81611
RE: Mollica - Lot Line Adjustment
Dear Richard:
In accordance Section IV - 2.2 of the Pitkin County Zoning Code, I am
requesting a lot line adjustment for a parcel of land located on
Seventh Street and Shadow Mountain.
Please refer to the attached survey and legal description as pre-
pared by Survey Engineers. Also attached is an easement agreement
between Ron Garfield, Andrew Hecht and Frank Woods, III and myself.
The purpose of this lot line adjustment is to trade 3,475 square feet
of land owned by Parcel 1 of Exhibit "A" to Exhibit "C" in exchange
for a 20' wide access easement (3,478 square feet) owned by Exhibit "C"
for the benefit of Parcel 1 of Exhibit "A".
Currently, there is a 30' wide right-of-way and utility easement for
the benefit of Parcel 1, Exhibit "A",along the eastern edge of Exhibit
"C". Due to the topography along the eastern side of Parcel 1 of
Exhibit "A", a difficult access with a huge road cut would be necessary.
If this lot line adjustment and easement is negotiated, the new access
easement would be more complimentary to the topography and allow Parcel 1
of Exhibit "A" a more comfortable - less visual approach to the property.
Further, due to the topography, the land exchange of 3,475 square feet
is of little use to Parcel 1 of Exhibit "A". However, it is flat and
adjacent to Exhibit "C" and could be of some use as open space.
I trust that this brief narrative coupled withthe attached survey is
sufficient for your needs at this time. I would be more than happy to
accompany you on a personal inspection of the properties at your con-
venience. If further information is necessary, please contact me as
soon as possible. We would like to make the exchange prior to inclement
weather so that I may construct the road to Parcel 1 of Exhibit "A" in
1980.
Mr. Richard Grice
Planning Department
Page 2
Thank you for your time and consideration.
Sincerely,
James J. Mollica
JJM:pb
enclosures
.~ ~ ~~, ~~~c~ ~~~
~i oF~co~o -\,v(t) PI-84-0014
~~ ,
N~
RICHARD D. LAMM *~ * JOHN W. ROLD
GOVERNOR ~ rp- xx^" *-
DIRECTOR
~8.t6 # ,
COLORADO GEOLOGICAL SURVEY
DEPARTMENT OF NATURAL RESOURCES
?15 STATE CENTENNIAL BUILDING - 1313 SMERMAN STREET
DENVER, COLORADO 80203 PHONE (303) 866-2811
August 8, 1984
Mr: Richard Grice
Aspen/Pitkin Planning Office
130 South Galena
Aspen, Colorado 81611
Re: Mollica/Kahn Special Review (028A-84)
Dear Mr: Grice:
We have reviewed the data submitted on this application and the general and
engineering geology of the vicinity.
Having reviewed the rockfall hazard assciated with is area previously in the
field, I concur with the findings and recommendations contained in the
Lincoln-DeVore report:
If all recommendations regarding foundation design, seismic design, and rock
fall mitigation are strictly adhered to, we have no objection to the approval
of this application.
Yours Truly,
Jef ey Hynes
Engineeri g Geologist
ca
JLH-84-053
GEOLOGY
STORY OFTHEPAST...KEYTOTHEFUTURE
ASPEN WATER DEPARTMENT
MEMORANDUM
T0: RICHARD GRICE-PLANNING OFFICE
FROM: JIM MARKALUNAS
SUBJECT: MOLLICA/KAHN SPECIAL REVIEW
DATE: JULY 31, 1984
~ ~,.,,..
.JIJJI. 3 11991
Concerning the water supply for the application, water can be made available from
the existing mains in South Seventh Street. No detail was submitted as to the
elevation of the proposed building. Assuming that the building will be located
below 8040, water pressure and supply will be adequate and will be available
upon application for a Utility Connection Permit.
JM:lm
cc: Sharon Kahn/Jim Mollica
pitkin county
506 east main street
aspen, Colorado 81611
~, 3 I N94 `,
MEMORANDUM
TO: Richard Grimm, Planning
FI3~M: Ron Thomason, Asst. Cotmty Engineer
DATE: July 30, 1984
RE: Mollica/Kahn Special Review~4~
Recomn?ndaticns of Lincoln DeVore should be adhered tn. Building
envelope should be represented on the plat in a professional manner.
All other items appear in order,
°~' White River As en Ran er
~ ~ United States Forest P g District
p Department of ~»dervice National w, 806 West Hallam
Agriculture Forest Aspen, Colorado 81611
Reply m: 15 DQ
Date: August 16, 1984
r
Mr. Chris Tolk
400 East Main
Aspen, Colorado 81611
L
Dear Chris:
The purpose of this letter is to document our phone conversation on
August 16, 1984. You requested for information concerning Forest
Service Management Prescriptions for the Shadow Mountain area just south
of Aspen. As I explained, our final Forest Plan, which is soon to be
published, contains a SB Management Prescription for National Forest
lands in this area. In general, the SB Management Prescription says the
following:
Management emphasis is on forage and cover on forested winter
ranges. Wildlife habitat for deer, elk, bighorn sheep and mountain
goats is emphasized. During winter, the area is closed to
motorized use and may be closed to a1.1 public use.
Attached is a more detailed explanation of Management Prescription SB.
Although this prescription was taken from the draft Forest Plan, I don't
anticipate that the final Forest Plan prescription would be any
different.
If I can be of any further help, please feel free to call.
Sincerely,
DENNIS E. BSCHOR
District Ranger
Enclosures
FS-6200110 (7/87)
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III-195
LAW OFFICES
AUSTIN & JORDAN
500 EAST NO PKINS AVENUE
SUITE 205
ASPEN, COLORADO 81611
RONALD D. AUSTIN
WILLIAM R. JORDAN III
GRAY p.YOU NG AUgLSSt 2, 1984
FREDERICK F. PEIRCF
HAND DELIVERED
Mr. Richard Grice
Pitkin County Planning Office
130 S. Galena
Aspen, CO 81611
Re: Access Easement Benefiting
Mollica Seventh Street Property
Dear Richard:
AREA CODE 309
TELEPHONE 925-2800
Per your request late last week, I am submitting
this letter to outline Jim Mollica's response to the Planning
Office's position that the easement described in the enclosed
agreement must be 30' in width even though the Planning
Office and the County clearly approved the 20' wide easement
in 1980.
I enclose for your convenience copies of several
documents relating directly to the easement issue which, I
believe, justify Mr. Mollica's reliance that the 20' easement
is and always has been acceptable both to the County and to
the various planning and engineering advisers involved in the
land use process. In fact, Jim's reasonable reliance and the
dimensions of the easement are the direct result of the
approval process itself.
If you review Jim's October 23, 1980, letter to
you, you will note that the purpose of the lot line
adjustment was to trade approximately 3,475 square feet of
land in exchange for a 20' wide access easement to benefit
the parcel Jim owns. He indicates that he is giving up a 30'
wide right of way easement along the eastern edge of the
property due in part to the fact that the topography along
the eastern side of the parcel required a huge road cut and
generally made for more difficult access. It is abundantly
clear from Jim's letter to you that his intent was to use the
new 20' wide access easement for access to his parcel, and it
is our position that if the Planning Office, the county
engineer, or the commissioners had any objection to the width
Mr. Richard Grice
August 2, 1984
Page 1.1
of the easement, it was their duty to raise such objection
prior to the approval of the lot line adjustment.
I also provide for your review a copy of a
memorandum you wrote to the Board of County Commissioners
approving of the proposed Mollica subdivision exemption. You
indicate that the purpose of the lot line adjustment was to
provide for an access which would be more complimentary to
the topography, and that the Planning Office recommended
approval of the subdivision exemption without condition. You
also indicate that the county engineer, who was responsible
also for raising any width or other access problems in
connection with the proposed right of way, commented that
there were no apparent problems with the request. In view of
the positive recommendations of the Planning Office and the
county engineer contained in the memorandum, Jim's reliance
on the viability of the 20' easement certainly seems
reasonable and justified.
Finally, I enclose a copy of the December 22, 1980
resolution of the Pitkin County Commissioners approving a
subdivision exemption for the conveyance of the 3,475 square
foot parcel to the owners of an adjoining tract in exchange
for an access easement totaling 3,478 square feet. The
approval is unconditional and, again, has been reasonably
relied upon by Jim over the last several years.
As you may or may not know, Jim has recently
entered into a contract for the sale of the parcel, and
closing is imminent, pending 1040 review and the resolution
of the easement issue. Consequently, a prompt resolution of
the easement issue will be necessary to prevent any losses to
Jim in connection with the existing sales contract, and we
request your office to advise Jim or me of your decision
within the next few days. Frankly, considering the above
approvals of the trade creating Jim's 20' easement and the
fact that Code will contain a 20' easement requirement within
the next few months, I'm somewhat surprised at the Planning
Office's present position on this issue. Under the
circumstances, the Planning Office's position seems only to
exacerbate the damages Jiui stands to suffer should his sale
fall through.
I have included a form of approval of the easement
as it presently exists for your convenience, and I will of
Mr. Richard Grice
August 2, 1984
Page 3
course be happy to discuss the matter with you and Tom Smith
further if you wish.
Sincerely,
AUSTIN ~ JORDAN
By
GY/st
Enclosures
Mr. James J. Mollica
James J. Mollica & Associates
300 East Hyman Ave.
Aspen, CO 81611
Re: Right of Way Easement Benefiting
Seventh Street Parcel
Dear Mr. Mollica:
We have reviewed several documents connected with
the December 22, 1980, approval by the Pitkin County Board of
Commissioners of a lot line adjustment involving the
conveyance of approximately 3,475 square feet to the owners
of an adjoining tract in exchange for an access easement
20 feet in width and totaling 3,478 square feet, which
documents include your application letter, a planning office
memorandum dated December 3, 1980, recommending approval of
the exchange, and Pitkin County Board of Commissioners'
Resolution No. 80-127. The Pitkin County Planning Office has
concluded that the 20 foot access easement was approved by
the County Commissioners as acceptable for use as access to
the Seventh Street parcel described in the easement grant,
and the Planning Office consequently has no objection to use
of the easement as intended.
PITKIN COUNTY PLANNING OFFICE
By
is ar rice, anner
MGtiiORANUUM
T0: fsoard of County Commissioners
FR0,1: Richar•ci Grice, Planning Office
RE: 11o7~iica Subdivision f_xemption
Dl~~E: Daccr;.Der 3, 1980
The attached letter of application requests approval of a subdivision exemption
for a let line adjustment. The subject property is lorated on Seventh Street
adjacent to Shadow 1lountain. The purpose for the lot. line adjustment is to
pro:~ide for an access which r•~ould be more complimentary to topography. This
is to he acco!rplished through a iand exchange.
The application was referred to the County Engineer who comments that he
sees no apparent problems with the request.
The Planning Office reconunends api:~roval of the subdivision exemption without
conditions.
, >;
~.:.
THIS IS R IEGI MSfRUYENT. U NOT UNDERST000, IFSILL, TR%OR OTNFR COUNSFI SNOULO eE CONSUETED BEFORE SISMIMO.
The orimrd portionsolJMi•fnrm nDPrn\ed bJ tM
II J•olond. Nrd Eantr fommiuionla<116d~hll
VACANT LAND
CONTRACT TO BUY AND SELL REAL ESTATE
(Seller's remedy limited to Liquidated Damages)
Aspen 20 34
-- , l9
~i _ ,
1. The underai ned a ant hereby ncknowled es hevin received fl•om
1; 1; g g __.Sharon-Kahn
I _ the sum of $~_, QQQ ~Q Q _, in the form of _pe.PS OAd~l-
I, f• h k , to be held by~a7 ey~~ypS tmeAi--GO
broker, in broker's escrow or trustee account, na earnest money and part payment fm• the following described real
I ~' estate in the _ County of _p.__].afU~l ,Colorado, to wit:
Sg~e Exhibi~~~ttached hereto and incorporated herein.
together with all easements and rights of way appurtenant thereto, all improvements thereon and all fixtures of a
permanent nature currently on the premises except as hereinafter provided, in their present condition, ordinary
wear and tear excepted, and hereinafter called the Property.
2. Subject to the provisions of paragraph 17, the undersigned person( _S h 8 rOfr-Ke h
(a~laiLftL'giV)L~C[W1T145111S41T1g1qPL hereinafter called
1'wrhuser, hereby agrees to buy Ule Ih~operty, and the undersigned owner(s), hereinafter called Seller, hereby agrees
j i to sell the Property upon the terms and conditions state ~ .
3. The purchase price sh be $ 1 Q ,payable as follows: $ 5 . OQQ • OQ hereby receipted for;
i~ ~Sdi~Z~..,'. OU
$7,500.00 in t rm of personal check, to be held in broker's ;I
trust account. u n satisfaction or waiver of the contingency set';!
'~ forth in paragra 19, $12,500.00 in cash or certified funds upon ;j
~, delivery of deed (plus or minus customary closing costs and !!
// 5,~n prorations), and $;•gg in the form of a promissory note, ~I
secured by a first deed of trust. with interest at 10% per annum,.
payable in one year from date of closing or upon sale of Lot 32, .i,
Ridge of Red Mountian Subdivision, Pitkin County, Colorado, which-';
ever first occurs, said note and deed of trust to be on standard !~
forms, reasonably acceptable to seller. Ii
4. Price to include: yaCant land and easement thereto
and the following water rights:
any appurtenant to the property, by quit claim deed
5. If a new loan is to be obtained by Fw-chaser from a third party, Purchaser agrees to promptly and diligently (e)
apply for such loan, (b) execute all documents and furnish all information and documents required by the lender, and
(c) pay the customary costs otobtaining such loan. Then if such loan is not approved on or before_~~ ~_,~ L, _-
19__, or if so approved but is not available at time of closing, this contract shall be null and void and all payments and
i things of value received hereunder shall be re[urned~to Purchaser.
6. If a noteand trust deed or mortgage is to be assumed, Purchaser agrees to apply for a~loan assumption If
required and agrees to pay (1) a loan transfer fee not to exceed $ N~A and (2) an interest rate
not to exceed % per annum. If the loan to be assumed has provisions for a shared equity or variable
interest rates or variable payments, this contract is conditioned upon Purchaser reviewing and consenting to such
provisions. If the lender's consent to a loan assumption is required, this contract is conditioned upon obtaining such
j consent without change in the terms and conditions of such loan except as herein provided.
7. It a note is to be made payable to Seller as partial or full payment of the purchase price, this contract shall not
j be assignable by Pu rchaser without written consent of Seller.
j N. Coat of any appraisal for loan purposes to be obtained after this dote shall be paid hY Purchase r
I I
i ~-
I ---------- -
- -J
NU. SC 16-2•N1.1'ontart m Nu> •nd Srll arol,:•I,IY 1\'oonl landl ~t~ flr
Nrxdford l'uLli.hu,x['u..5x1L11'.lith Avr.,Lnkrx-uad,fnlmvdnell'!IJ-ftU:b la:Ni000-I~tl2 ~'
t~_ - _. _ ~.-_
l• '
9. ,ax ~4Ytrs ut~LtitJN.u t)w S'uµuulti autifi+d So.dntq urv~•w~rent commitment for title insurance policy in an
amott~t equal to the purchase price, nt Sellc•r'srbptiww.arwl expense, shall be furnished to Pw~chaser on or before
J UnE $ ,19 842fS,eliiw cl~rcSadw ~iirrws~>-a;«iiL"iG~i«wwz+rwx~oew,m~.men7, Seller will
deliver the title insurance policy to Pu rchxser after closing and pay the premium thereon.
10. The date of closing shall be the date fo ~ delivery of de d as ov ed in paragraph 11. The hour and place of
cosing shall be as designated by Coojey !flues Lmefl L:-. ~0.
11. Title shall be merchantable in Seller, except es stated in this paragraph and in paraRnphs 12 end 13. Subject
to payment or tender as above provided end compliance by Purchaser with the other terms and provisions hereof,
Salle{Ushyll execute and deliver$$ good and sufficient 9eRn~'.-~---_ warranty deed `to Purchaser on
~l I C , 19_4 , or, by mutual agreement, at an earlier date, conveying the Property tree and
clear of all taxes except the genernltaxes fm~the year of closing, and except _n.Ong
free and clear of all liens for special improvements installed ns of the date of Purchaser's signature hereon, whether
assessed or not; free and clear of all liens and encumbrances except none
except the fallowing restrictive covenants which do not contain n right of reverter: n 0 n e
{.
and except the following specific recorded nnd~ar nppnrent easements: n On e
and subject to building and zoning reguln[ions.
1'L. Except as stated in paragraphs 11 and 1:{, if title is nut merchantable and written notice of detect(s) is given by
Purchaser or Purchaser's agent to Seller or Seller's agent on m• before date of closing, Seller shall use reasonable
effort to correct said detect(s) prior to date of closing. If Seller is unable to correct said detect(s) on ar before date of
closing, at Seller's option and upon written notice to Purchaser w~ Fu rchaser's agent on or before date of closing, the
date of closing shall be extended thirty days for the purpose of correcting said defect(s). Except as stated in paragraph
13, if title is not rendered merchantable as provided in this paragraph 12, at Purchaser's option, this contract shall be
void and of no effect and each party hereto shall be released from all obligations hereunder and all payments and
things of value received hereunder shall be returned to Purchaser.
13. Any encumbrance required to be paid may be paid nt the time of pps le~ttt^lementS from the proceeds of this
transaction or from any other source. Provided, however, at the option of Ci IIty t=~~q~e irF the total indebtedness
secured by liens on the Property exceeds the pm'chase price, this contract shall be void and of no effect and each party
hereto shall be released fi•om all obligations hereunder and all payments and things of value received hereunder shall
be returned to Purchaser.
14. General taxes for the year of closing, based on the most recent levy'and the most recent assessment, prepaid
rents, water rents, sewer rents, FHA mm~tgage insm~:m ce premiums and igteres(mr encumbrances, if any, and
none "'--'' sh iitl-he apportioned to date of delivery of deed.
15. Possession of the Property shall be delivered to Purchaser nn de 1 1 Ve ry 0 f dee d
su bject to the following lenses or tenancies: none
I. ]fi. In the event the I'rnperL,v is su bsGurii:d ly damaged by fire, flood m- other rrsualty between the date of this
'~,~ contract and the date of delivery of decd, 1'u rchasm'msy elect to terminate this contract; in which case all payments
and things of value received hereunder shall Le return«I Lo Purchaser.
~ ] i. Time is of the essence hereof. ICany note nr cheek ren•ived ns e:u-nest money hereunder or any other payment
it
'due hereunder is not p:+id, honored or to ode red when due, or if any ut her obligation hcrounder is not pc clue mad :19
'~ herein provided, there shall Le the following re nerd irs:
G~1 IF 1'UIt CIIASF.R IS IN DF; F'A 111.T, then all pay nu•nts and thing. of value received hcre~mdrr shall Le
~, ~~ forfeited by 1'u rchascr and retained un beh:df of Seller and Loth p:u~ties shall thereafter be released hum all
nblig:rtions hereu ndcr. It is agreed th:rl sorb p:gvno nls and things of value :u•e LIQUIDATED UA MAGM:S and
'~~ (except as provided in su bpm~ugraph (c9) arc the SF:I,LEIt'S SOLE ANII ONLY RF: A7EDY for the I'u rchaser's
f:+ilu re to perform Lhe obligations of this runt raet. Seller expressly waives the remedies of specific performance
and additional do magc s.
lb) tF SF:I~I,ER ~IS IN DEFAULT, (1) I',u~rhorse+r m;,y rlrM to tre:,f Hris cbntrurt ns~tM~minated, in which t•:+se
all payments and things of value received hcrounder sh:Jl Le returned to Purchaser and Purchaser may recover
such damages ns may Le proper, or ('L) 1'u rrhnser may oh•a•[ Get rent this cuntr,rl as being in full forcg anJ effect
~~ and Purchaser shall have the right to nn action fur specific perfnrm:ux•e ur damages, ur Loth.
~~ Ic)'Anything to the contrary herein nnlwithstnnding, in ttu•'rvent of :,ny+Hrgation srisink out of [his
contract, the court may award to the prrv::iling pru't}• all reason aLle eusG and expense, including attorneys' fees.
1H. Purchaser and Seller agree f hat, in the event of any ronL-oversy regardingtheetn'nest money held by broker,
~ unless mulu:d written instrurtiou is rerciveJ Ly Lrukm~, Lrnker shall not 6e required to take any action but may await
~ nn}• Proceeding, ur nt Lroker's npuou and discretion, may interple+ul :uq• money's ur thiugs uf.value into court and may.
recover cowl costs and reasonable attorney s' fees
" 19. Additional provisions:
a. Purchaser shall have until June 1, 1984 within which to satisfy
~' herself that a building permit can be obtained to erect a single I~
~ family residence of up to 3,000 square feet on the subject property,
~ without the necessity of substantial expenditures~~or dog'restPfictf bns
to mitigate any potential problems raised by the City County Build
d ~ ~' ing Department, including, wtthbut limitation, wildlife, soils, I ~
,
~
~ avalanche, etc. Upon full execution of this contract, Purchaser
I
~ I
shall have the right to enter upon the property with architects,
I engineers, etc. and to make such measurements and tests necessary)
to satisfy this condition. Seller shall reimburse Purchaser up to,
~,' $1,000.00 for any soils tests performed, provided that Seller be ~
given a copy thereof Said soils test shall be performed by I
gineers acceptable to Purchaser and Seller, and, in the event of
disagreement, by Lincoln-Devo re. If Purchaser is unable so to
satisfy herself by June 1, 1984, she shall have the right to
terminate this contract, and all earnest monies shall be returned
to her.
b. Seller shall reasonably cooperate with Purchaser in her investl-
igation above, and furnish to her copies of any surveys, engineering
hi
t
i
I
reports, e
c.
n
s possession. ~
j
c. Purchaser's earnest money shall be placed in an interest bearing
account, interest to accrue to her. li
zo a I' t
t ns pi oposal is accepted by Seller m wnhnK and Yu rchuser receives notice of such acceptance nn m" befm~e
.-ApI7_l_2~ ._, 194, this instrument shall become a eontenrl b;•tween Seller and Pm~chuser and shall
inure to the benefit of [he hers, successors and assigns of such pnrtics, except ns stated in paragraph 7.
i k
r _,.i".e. ~~~fiurnker_Coo~ey_Inv.e_stm_Qnt CO.
aeon Kahn ""'`" ...
. ,. b>•:
~~°"~'""` ~ ""'" Suzann L. Resnick
... 1'urchaser'sAddress ~Q~._ BQ.2(_ 3~13~, Asoe_n~__C_o. 81011
(The following section to b/e completed by S Iler and CstinK Agent)y`y/
~/v '21. Seller accepts the above proposal Chis ~L d y of . ~L' .Y`t~ , 19 U ~, and aKrres
to pay a commission of 5-7r of the purchase price for services in this transaction, and aKrres that, in the
event of forfeiture of pay cents and things of value received hereunder, such payments and things of value shall be
divided between listing broker and Seller, one-halt thereof to snid broker, but not to exceed the commission, and the
balance [o Seller.
ii s,•nr ~-~ - srW~~
ice ~ !"~ ,,_c ~- /f~~ /%C'i:c.;
Seller's Address _.._,_~_ _ _
ListinK Broker's Kame and Address .__J H~~if~ S .r, ~`'o ~~i C c~ 't ~ S
t Ii
- it
fit- ~V~"
FSEMORANDOM
T0: Tom Smith, County Attorney
Ron Thompson,. Asst. County Engineer
Heiko Kuhn, Aspen Consolidated Sanitation District _
Jim hiarkalunas, Aspen Water Department
Jeff Hynes, Colorado Geologic Survey (Check Enclosed)
FP.Obi: Richard Grice, Planning Office
RE: Plollica/Kahn Special Review
Case P]o. County 028A-84
DATE: July 17, 1984
Attached for your review and referral comments is an application
submitted by James t4ollica and Sharon Kahn requesting special review
approval by the Pitkin County Planning and Zoning Commission for
the construction of a single-family home on 35,167 sq.ft, of vacant
land located in Lot 13, Section 12, Township 10 South, Range 85 West
of the 6th P. M. (at the south end of South 7th Street under Shadow
t•Iountain). Please review these materials and return your referral
comments to the Planning Office no later than August 7, 1984, in
order for this office to have adequate time to prepare for its presen-
tation at a public hearing before P&Z scheduled on August 21st.
Thank you.
/ i y/ > ~'<~t o a e ~ ~ ._ q ~-- ) 3 r' > r' .t ~ r o t ~ Y (~rP F_ y ~ ~ 3 .~
.~~.`g,-,~~kren SAf-~rnri~.... 1~ist2,cs /~C J'/dr A,sr,c~c~~
/tAs .; mob; (~/~~Ji,Fen /~ .~ ~
~(_~,,~ / ~~i
/ Yom' .
HEMORANDDM
TO: Tom Smith, County Attorney
Ron Thompson, Asst. County Engineer
Heiko Kuhn, Aspen Consolidated Sanitation District
Jim blarkalunas, Aspen Water. Department
Jeff Hynes, Colorado Geologic Survey (Check Enclosed)
FP.Obi: Richard Grice, Planning Office
RE: Fiollica/Kahn Special Review
Case P]o. County 028A-84
DATE: July 17, 1984
Attached for your review and referral comments is an application
submitted by James Piollica and Sharon Kahn requesting special review
approval by the Pitkin County Planning and Zoning Commission for
the construction of a single-family home on 35,167 sq.ft, of vacant
land located in Lot 13, Section 12, Township 10 South, Range 85 West
of the 6th P.Pi. (at the south end of South 7th Street under Shadow
tiountain). Please review these materials and return your referral
comments to the Planning Office no later than August 7, 1984, in
order for this office to have adequate time to prepare for its presen-
tation at a public hearing before P&Z scheduled on August 21st.
Thank you.
PO Box 3386
Aspen, Colorado 81611
June 26, 1984
Alan Richmond
Planning Office
Dear Alan
Enclosed are the adjacent landowners names and addresses, along with
6 copies of the platt and our checks to the Colorado Geologic Survey
totaling $160.00.
Should you have any questions, please don't hesitate to contact me.
Thank you.
Sincerely,
~~ ~~~
Sharon Kahn
..
Project Number
Section/Pt ~l
Date Submitted
pitkin county
506 east main street
LAND USE APPLICATION aspen, Colorado 8'16'1'1
TO SE COMPLETED BY THE APPLICANT:
NAME
ADDRESS ~'Qpp • ~X ~~~G-, X ~d5'~l~l J ~~-~~1~,~1 Z-
PHONE ~C2~~1.2L~i -~1~ ~ - /
cS3e~.~JC rt- r ~ ~ _ c~-dpc-~ I ,S) 7 - ~~r, p „-~9- _ f'~rtu..'u ~
NAME OF PROJECT
PROJECT LOCATION: (On attached sheet, locate on zoning map, showing boundaries of any
natural hazard and resource areas, any other special regulatory
districts, Section 5, Land Use Code; and locate on appropriate CSU/
ERA Maps any areas not covered by the above.)
OTAL AREA `~r 16 ~ ~1RL FE]="T-
XISTING US E(S)_~,~Cp~-~JT ~{~u'~_
PROPOSED USE(S) '~ ~„~_~~~_~ ,_ ,~ y ~y-~a
(approximate square
footage for each)
PRESENT ZONING OF SITE ~_~S - S(A~_ P11L~_
DESCRIPTION OF LAND USE PROPOSAL tQ ~>_!y,~ ~}- ~itiyL!% 12.Y ~~)~.LI1LY-_
- --
TO BE COMPLETED BY THE PLANNING OFFICE
TYPE OF APPLICATION: REZONING GROWTH MANAGEMENT
P.U.D. SUBDIVISION
SPECIAL REVIEW EXEMPTION
BUILDING PERMIT REVIE 35-acre + SUBDIVISION
REVIEW PHASE: PRE-APPLICATION ~ DATE COMPLETED
GENERAL SUBMISSION P. A TION DATE
BOA D ACTION DATE
DETAILED SUBMISSION P.C. ACTION DATE
BOARD ACTION DATE
FINAL PLAT BOARD ACTION DATE
PITKIN COUNTY LAND USE APPLICATION FORM
SUMMARY OF FINDINGS REQUIRED BY REVIEW PHASE
Directions: Any applicant fora development requiring a permit under this code shall
be responsible for showing conformance with any applicable policies of Section 2 as
listed below. The applicant shall submit those requirements necessary to show confor-
mance with these policies and the related general regulations of Section 5. Upon
submission of the application and all submission contents, the Planning Office shall
distribute same to appropriate referral agencies which shall indicate its certification
or non-certification of the proposal as being in conformance with policies and as
satisfying submission requirements and review guidelines or relevant general regulations.
Referral agencies shall also indicate whether further study in a later review phase is
required and any further recommendations or conditions, attaching comments and returning
same to the Planning Office.
LOCAL REVIEWING TIFICATION NDITIONS
STUDY REQUIRED POLICY FACTOR STAFF YES NO AND
INITIALS DATE RECOMMENDA-
TIONS
I, PA GS DS FP* Not inconsistant Planning
_ _ _ _ with Master Plan/ Office
Rate of Growth
Z,PjI GS DS FP Hazard & Resource Planning
Areas Office
Geological
Hazards
Floodplains
Riparian
Areas
Wildlife
Wildfire
Radiation
Soils/Erosion County Ex-
tension
Agent
3.PA GS DS FP Extractable Planning
_ _ _ Resources Office
~6f ~o sloP~r !-~~
Ccl I u u ial SQ ~ Is ~~ Y
Mineral
Vegetable
Other
* PA = Pre-Application GS = General Submission DS = Detailed Submission FP = Final Plat
Y11 K11V I.UUfVIY LHIVU UJt HYI'L1LHIlUN hUKM
`""" LOCAL REVIEWING ERTIFICATION CONDITIONS
STUDY REQUIRED POLICY FACTOR STAFF YES NO AND
INITIALS DATE RECOMMENDA-
TIONS
4.PA GS DS FP
S.PA GS DS' FP
Agricultural Planning
Conservation Office
Scenic Quality Planning
6 . P j GS DS FP
Water Supply
Lo
Environmental /~~ - _ ^
Health ~x.YCT1~ S
~!~ ~x'~eM31aw
7.PA GS DS FP
Sewage Disposal
P6~a..c~l h_k~~, ~:..
Environmental ~SCr'tla~. ~'u~~(y-•••
Health
d- Ax~cNsia~
a ~ i c,Nrr+~N t
8.PA GS DS FP Noise
Environmental
Health
9.PA GS DS FP Air Quality Environmental
_ _ - _ Health
lO.PA .GS DS FP Historic/ Historical
_ _ _ _ Archaeological
Resources
11.PA GS DS FP Road/Trails County
_ _ Design & Con- Engineer
struction Impact
on Road system
Maintenance
Provisions
COUi~TY LAND USE APPLICATION FORM
LOCAL REVIEWING CERTIFICATION CONDITIONS
STUDY REQUIRED POLICY FACTOR STAFF YES NO AND
INITIALS DATE RECOMMENDA-
TIONS
12.PA GS DS FP Drainage County Engineer
13.PA GS DS FP Impact on County Engineer
_ _ _ _ Transportation
14.PA GS DS FP
~---
Impact on Public Planning Office
Facilities/
Services
Solid Waste County Engineer
Disposal &
Collection
Fire & Police Sheriff/Fire
Protection, Dist.
Response
Service
Sanitary Land Fills County Engineer
Fills
Hospital Capacity Hospital .Boa rd
Library Sub- Library
station Site Board
Post Office Postal Service
Substation Site
Extension of
utilities, water
and sewer
Public shops
garages, yards
Recreation Sites
General.Tax Cost/
Benefit
Rocky Mt.
Natural GaS ~
Aspen/Holy Cross ~•
Electric, Mountain ~
Bell, Municipal Water j
& Sewer Dist.s ,
County
Manager
City Recreation
Director
County Finance
Officer
u~l,~~ ~X~-.-s-~
~G1~
UF~r1re+u~~l
1~4N~~~ ,Qt~tN~"
~~
PITKIN COUNTY LAND USE APPLICATION FORM
LOCAL REVIEWING ERTIFICATION CONDITIONS
STUDY REQUIRED POLICY FACTOR STAFF YES NO AND
INITIAL DATE RECOMMENDA-
TiONS
15 ;PA GS DS FP Contribution to Housing
_ _ Housing Stock Coordinator
16.PA GS DS FP Man-made Hazards/ Building
_ _ _ _ Safety Official
17 ,PA GS DS FP Wildlife Colo. Division
Preservation of Wildlife
18.PA GS DS FP Energy Building
_ _ _ _ Conservation Official
~.. 1~ iA.J, Il~ ~
~-Pf~4f.i}'" iusfi
~e~ ~~
I9.PA GS DS FP Water Resources District Water
_ _ _ _ Impact Court
20.PA GS DS FP Final Plat County Engineer,
_ _ _ _ Contents Attorney, Planning
Office
~-- a...
Application for Special Review- Jim Mollica and Sharon Kahn
Extension of utilities, water and sewer-
Rocky Mountain Natural Gas- A 3/4" coated and wrapped gas line will
be placed in the ground approximately 18" to 24" deep. The main gas
line hookup is at the southwest edge of the property, This was discussed
with Willard Clapper from Rocky Mountain Natural Gas,
Holy Cross Electric- The electric is to be run from existing lines in
front of Eest side of the property, The lines will run to the structure
on approved 30' wide access easement. The lines will be buried, (Ken
Roberts. engineer- Holy Cross Electric)
Mountain Bell- The phone will be hooked up to existing phone line which
is directly in front of property, 30 feet north of easement, It will
go in trench jointly with electric,
Sewer District- A sewer line is presently being installed on South
Seventh Street, An 8" sewer line will take sewage to the plant collection
line for this area. A 4" P,V,C, sewer pipe for the service line wi~l be
buried in the access easement, (Jim McLaughlin- Aspen Metro Sanita on
District)
Water- will connect house to Citx of Aspen water line currently in nth
street, Will connect with a 1' line (Jim Markalunus- Water Department)
Forest Service- Randy Cote, head of Wildlife Preservation for
U.S, Forest Service has approved a house on this property with the
stipulation that a kennel be provided for the dog, He has discussed this
with Patsy Newberry at the Pitkin County Building Department and Richard
Grice at the Planning office,
See Lincoln Devore report for maps.
cs/kgs
SCHEDULE A
i
3
I
Ordsr Number. 11517 Commitment Numbsr.
t. Effective dsta: May 18a 1983 dt 8:00 A.M.
2. Policy or Policies to be issued: Amount of Insurance preaitlA
A ALTA Owne/s Policy =
Proposed Insured:
& ALTA Loan Policy S 25,000.00
S 147.00
Proposed Insured:
Tax Certificate S.flO
First National Bank in Aspen
G S
3. The estate or interest in the land described or rafertad to in this commitment and covered herein is fee simple end title thereto
is et the effective date hereof vested in:
James J. Monica
4. The land referred to in this commitment is described as follows:
See attached Exhibit "A"
Authorized ounteBignature
1052 (10M 1482)
Page 2
STE~1'ART TITLE
OQA NA NTY COMPA NY
J~
a. `t
CONTINUATION SHEET
SCHEDULE >1
Order Number: 11517 Commitment Number:
HtBZBIT •A•
A txact of land in Lot 13 (fray T1PP Plat by Ritheza approved Julp 18, 1889)
in Section 12, Township 10 Saath, flange BS beat of the 6th P.M., being part
oP the •Stitzer Sntry• described as follows:
BEGITINING at a point, a fence corner in place, being 262.41 Peet North 66.19.15•
Nest froo the 28• z 14' a 10• zodc Witness Corner Rtoxwment ant for the Witneea
Point for the Swth one-quartQr corner said Section 12 (Witness Corner Monneent
shown in Catshav notes and plat approved NOVenbez 8, 1888) said rode being
78.57 feet Notth 78.10'30" West from an unapproved 1954 Bnreaa of Laud Maaagec+ent
8zass Cap stamped as Witness Corner]
thence North 70.25' East 132.33 feet is line 2-3, United States Mineral
Survey #8211, Hones take Claim
thence Swth 09°37' Bast 200.25 feet along said lice 2-3, to property deacrilxd
in Book 243 at page 894 is the records of Clerk sad Recorder of Pitkin
Cwatp, Colorado
thence Swth 82°26' 1Pest 312.13 feet along the Northerly line a~f p[opeztp
described in Book 243 at page 894 to the corner of property described in
Book 182 at page 1831
thence North 23°19' West 62.56 feet along the Easterly line aS property
described in Book 182 at page 183
thence North 71°12' East 151.41 feet along fence line W a fence coznert
thence North 61.02.15° East 84.61 feet along fence line to s fence coraerr
thencen North 41.19'50• West 62.5b feet along a fence 11ne to the Point
of Beginning.
Cwnty of Pitkin, State of Colorado
_.
LESS A•1D $XCEPT that portion
in Rook 405 at page 850 as R
ed 1n recorded March 18, 1981
~. 2316 and described as follows
A parcel of land site i eet 12, Township 10 South, Range 85 West
of the 6th P.M. itki Cwn Col redo being a portion of that parcel
of land ~scr n 3 t page 319 Pitkin Ceonty Reconis, described
AS follows:
8eginniag at a once post whence the original rode witness corner moisament
set for the Swth 1/4 corner of said Section 12 bears S. 66°19.75• E. 282.41
feet.
Thence N. 70°25' E. 70.91 ft. along the northerly line of that parcel describwd
in Reid Book 349 at page 319
Thence 5. 29°35' 8. 49.55 ft.
Thence S. 61.02'75' W. 57.10 ft.
Thence N. 41°19'50' W. 62.56 ft. to the point of beginning containing
3,475 square feet core or legs.
Page 2A
STE~1'A12T TITLE
0055 GUARANTY COMPANY
SCHEDULE B -Section 1
Order Number. 11517 Commitment Number.
Requirements
The following are the requirements to be complied with:
Item (a) Payment toorfortheaccountofthegrantorsormortgagorsofthefullconsiderationfortheestateorinterest
to be insured.
Item (b) Proper instrument(s) creating the estate or interest to be insured must be executed and duly filed for record,
to-wit
1. ~ Deed of Treat dated Jtme 6, 1978, executed by James J. Mollies,
to the Public Trustee of Pitkin County, to secure an indebtedness o!
in fawr of lt, Leith E. Marolt, Peggy
arise Eckenrode, Judy Marie Tesibor std Vicki Ann Mazolt, recorded Jtate
6, 1978, in Book 349, at Page 320, as Reception No. 204637.
2. ~ of Deed of Trust dated Jtme 6, 1979, execated by James J. Mollies,
to the Public Trustee of Pitkin Caonty, to eecnre an indebtedness of
$20,000.00, in favor cT Co., recorded
Jtme 6, 1979, in Book 370, at Page 252, as Reception Bo. 215169.
MOTEL Agreement mctettding the date of pn of above Deed of Trust to
December 6, 1979, recorded September 4, 1979 Book 375 at page 277 as
Reception Bo. 217681.
NOTES Agreement extending the of payment of ove Deed of Trust to
January 6, 1980, recorded Dec 1979 in Boric 3B0 at page 305 as
Receptionlio. 220095.
3, ~ Deed of st dated Febrna 25, 1981, executed by James J.
~11SSIIca, to the Pnb c etas of Pitkin County. to eacare an indebtedness
of (no amoutft ivenl, n fawr of
III, r o ed March 18, 1981, in Book d05, at Page 854,
as Rece a Bo. 231617.
Deed of et from the Borrorer to the Public Trustee for the nee of the
proposed le to secare the loan.
BOTEr Said Deed of Trust meat also ancataber the follotinq described
easements
An easement 30 feet in toidth for utility and right of vay ptaposea
described as follonrs:
BEGITIl9It1G at the abotre described point of beginnings
thence Borth 70.25` East 30.35 feett
thence Borth 28.20'55• Nesi 154.30 feats
thence South 61.56'10• West 30.00 feet=
thence Sarth 28.20'55• East 149.62 feet fo the Point of Beginning.
Carntp of Pitkin, State of Colorado
1853 Pege3 STEH'A12T TITLE
ORARANTY COMPANY
SCHEDULE 6 -Section 2
Exceptions
Order Number: 11517
Commitment Number:
The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the
satisfaction of the Company:
1. Rights or claims of parties in possession not shown by the public records.
' 2. Easements, or claims of easements, not shown by the public records.
3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any facts which a correct
survey and inspection of the premises would disclose and which are not shown by the public records.
4. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law
and not shown by the public records.
5. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public
records or attaching subsequent to the effective date hereof but prior to the date the proposed insured acquires
of record for valuethe estate or interest or mortgage thereon covered by this Commitment.
6. Any and all nnpaid taxes and assessments.
7. The effect of inclnsion in arty general or specific water conservancy, fire
protection, soil comervation or other district or inclusion in airy Hater
service or street imprrnrement area.
8. Right of the proprietor of a vein or lode to extract and remove his ore
therefrom. should the same be found to penetrate or intersect the presises
hereby granted, as reserved in Dnited States Patent recorded December 3,
1892 in Bodc 55 at Page 35 as Reception No. 50193.
9. Easement for entry to construct a pipeline and sake repairs as granted in
Quit Claim Deed recorded Marcfi 26, 1899 in Book 93 at page 6 as Reception
No. 40678, the specific location of which is not defined.
10. Covenants and corniitions as contained in Deed recorded !<tarch 22, 7918 in
Book 156 at page 84 as Reception No. 79260.
i t • Ternla acrd corYlltions as set forth in Qui
right of way for the construction, mat
pipeline, flume or ditch, recorded Deco
13 as Reception No. 9t the wpecific
12• Right of 20 feet in i h granted to
lnc. to an electric tribvtion li
at page as Reception N 64087.
Claim Deed ling 20 feet vide
Hance and ope Lon of a eater
~21, 7940 in oic 170 at page
~ lion of which s not determined.
ly Crass Electric Association,
reconded ino date) in Book 282
13. Grant of E se ent 5 feet in width to The City of Aspen to cotstruct, operate,
maintain, tins, repairing, and use of the fire hydrant recorded February
11, 1976 in ook 308 at page 688 as Reception No. 181485.
14. Tezras, conditions, and obligations as set forth in Eastaent ACreement recorded
ttarch 18, 1981 in Boot- 405 at page 839 as Reception No. 231614.
Exceptions numbered
are hereby omitted.
pase4 STEWART TITLE
1654 pOA RA NTY COMPANY
CERTIFICATE OF MAILING
I hereby certify that on this ~ day of ,
198 a true and correct copy of the attached N~i of Public
Hearing was deposited in the United States mail, f st-class postage
prepaid., to the adjacent property owners as indicated on the attached
list of adjacent property owners which was supplied to the Planning
Office by the applicant in regard to the case named on the public
notice.
e~
Ja Lynn. We nstein
f ~
PC+BLIC NOTICE
RE: Mollica/Kahn Special Review
NOTICE IS HEREBY GIVEN that a public hearing will be held on
August 21, 1984, at a meeting to begin at 9:00 A.P1. before the Pitkin
County Planning and Zoning Commission, to consider an application
submitted by James tdollica and Sharon Kahn requesting special review
approval by the Pitkin County Planning and Zoning Commission for
the construction of a single-family home on 35,167 sq.ft, of vacant
land located in Lot 13, Section 12, Township 10 South, Range 85 S9est
of the 6th P.ti. (at the south end of South 7th Street under Shadow
Piountain) .
For further information, contact the Planning Office, (303)
925-2020, ext.-226.
S/Mike Otte
Chairman, Pitkin County Planning
and Zoning Commission
Publiched in the Aspen Times on July 19, 1984.
Pitkin County Invoice PIo. 27015.
Toy Alan Richmond
Re: Application for Special. Review
Adjacent Landowners:
Rinker, Elsie A, and Audry E, and Clifton & Dorothy
17938 Burbank Blvd, Apt, # 2
Encino, Calif, 91316
Chris Tolk
400 East Main St,
Aspen, Colo. 81611
Hans Graminger
Po Box 67
Aspen, Colo, 81612
Tom Schulte
PO Box 782
Aspen, Colo, 81612
Keith Hefner
PO sox 2150
Aspen, Colo. 81612