HomeMy WebLinkAboutpitkin.planning.273513200008 (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 (LIx1'~
PARCEL ID:' 2735-132-00-008bATE RCVD: ~ # COPIES: r- CASE NO 1981
CASE NAME: Roundup Lode Claim 1041 R Planners
PROJ ADDR; 0922 Castle Creek Rd Waldbaum & Press Boundry Adj
OWN/APP: Jacobs, Gary AD12r CIS/Z:~- PHN:~
REP: ADRi~-. CIS2:~- PHN:~-
Email Addr: ALLOCATED HOURSir
FEES DUE:~~ FEES RCVD;~ % OVER: ~-
REFERRALS -
REF:r~, BY - ,', DUE: ~-
~~-MTG``--DAT~~E REV BODY PH NOTICED DATE OF FINAL ACTION: ~~
I ~_ .N0 _~ BOCC Reso: ~-
-.. ir- No ~- BOCC.Ord: ~- r
REMARKS I PZ: ~-:
HRG-OFF:
CLOSED:- BY:;,~- - HO INDEX: ~-.
ADMIN: ~-
..PLAT RECORDED~J PLAT (BK,PG):~~~ ADMIN INDEX:
VR APPROVAL DATEE~- VR EXPIRESi~--
CASE TYP: ~. 1041 R CASE TYPS:
CASE TYP2i'. CASE TYPB>'
:.CASE TYP3:' CASE TYP7:
CASE TYP4: Date Scanned: 8/21/09
File Location:?'IBnox 172
~,
MEMORAfJDUM
T0: Pitkin County Planning and Zoning Commission
FROf1: Alan Richman, Planning Office
RE: Jacobs 1041 Special Review
DATE: July 6, 1981
3ackground: This application by Gary Jacobs to build a single
family dwelling unit along Castle Creek in the Round
Up h1ining Claim came before you previously at your
meetings on June 17 and July 1. Subsequent to each
meeting you performed a site inspection of the property
to determine its suitability for development. At each
of these visits, the following concerns were raised:
1. Is the proposed building envelope inside or outside
of the 100 year floodplain?
2. Since the building envelope is within the riparian
zone, can the disturbance of ground cover be elimi-
nated or shall its disturbance be compensated else-
where?
3. Can the existing trail be preserved for future use?
4. l~lill the development have an impact on wildlife
habitat, wildfire potential, visual resources and
geologic hazards?
In response to each of these concerns, the Planning
Office and its referral agencies have developed condi-
tions to mitigate the impacts of the proposed house on
its environs. The Planning Office remains extremely
concerned about the ability of the applicant to develop
the property without having a substantial impact upon
it. Following is a strict interpretation of the condi-
tions which the applicant must meet regarding each of
these concerns.
Floodplain Hazards
Section 5-402.1 of the land use code, "Floodplain
Hazard Areas", states that where the 100 year flood
boundary has not been mapped by an approved engineer-
ing study (as it has not for this property), the
regulations shall apply to all lands within an area
which is 20 horizontal or 5 vertical feet from the
existing high water line of the waterway. The regu-
lations state that no human occupation shall occur
within this area unless an applicant shall document
that flood hazard at a particular site is not severe.
The applicant must submit a floodplain study by a
licensed professional engineer determining the 100
year flood, its depth and elevation for the entire
area of the site and for 200 yards above and below
the site, and the relationship of the proposed use
to the estimated flood hazard (see Section 5-402.3(b)
of the land use code for the precise contents of the
study in question). The applicant has informed the
Planning Office that such a study is now being con-
ducted for this site and its results should be ready
in time for your meeting.
2. Riparian Areas ahd Shorelands
Section 5-404.2(f) of the land use code lists 11
Memo: Jacobs 1041 Special Review
Date: July 6, 1981
Page: Two
criteria which an applicant in a riparian area must
meet:
1. Protection of terrestrial and aquatic habitat.
2. Compliance with the minimum stream flow require-
ments of Section 5-107.2(d).
3. Removal of vegetation and disturbance of ground
cover adjacent to streams shall be prohibited.
4. Premitted land uses which disturb vegetation
shall be revegetated imanediately or shall
improve other areas to compensate for the loss.
5. Development shall fit the channel and shall not
require channelization.
6. Culverts vahich may become barriers to fish passage
shall not be permitted.
7. Erosion control measures shall be employed.
8. Sewer lines shall be designed to avoid leakage
of contaminants.
9. Plo activity shall increase stream sedimentation
and suspension loads.
10. All efforts shall be made to reduce stream
pollution and to enhance the natural features
values of the stream.
11. If a trail designated by an approved trail plan
is within the development site, it shall be
dedicated for public use and a fisherman's access
shall be granted, if appropriate.
The applicant must demonstrate to your satisfaction
that he will comply with these criteria, particularly
as regards numbers 3 - 7 and 9 - 11.
3. Trail Dedication
The trail which passes directly through the applicant's
property is a proposed hiking and equestrian trail
designated within the Aspen/Pitkin County Trails
Master Plan. This existing path is the most logical
location for any future designated trail due to the
minimal cost of its construction and the minimal im-
pact of improving it to accepted standards. The im-
pacts of a trail along the slope itself would cer-
tainly be much higher particularly as regards the
avalanche danger during the winter. An easement for
this trail should be dedicated to Pitkin County for
future use, as should a fisherman's easement .
4. Other 1041 Concerns
The applicant and/or the appropriate review agencies
have developed measures to mitigate geologic hazards,
riparian/visual resource constraints, wildlife con-
cerns and wildfire potential. Each of these measures
is outlined as a condition of approval below.
Memo: Jacobs 1041 Special Review
Date: July 6, 1981
Page: Three
Planning Office
Recommendations: The Planning Office recommends that you approve the
applicant's request for 1041 Special Review only if
he agrees to all of the following conditions. Due to
the very sensitive nature of this property, we recom-
mend tilat you deny this request if all of the following
conditions are not met.
1. The applicant providing a deed restriction limiting
development of the four mining claims to the single
family house currently under review.
2. The applicant dedica*,ing an easement to tite Gour~ty
designating the existing trail path as a permanent
public right-of-way for pedestrian and equestrian
use and dedicating a recreational use easement for
Castle Creek as it affects this property.
3. The applicant documenting that the proposed building
envelope does not fall v:ithin the 100 year floodplain
by providing a study of the site by a licensed en-
gineer.
4. The applicant following the mitigation measures out-
lined below:
A. Engineer the rear wall of the foundation as a
retaining wall protruding approximately six feet
above grade in the vicinity of the steep slope
with sufficient strength to withstand any small
snov+slides or rock impacts, including no windows.
B. Prepare an engineering study to establish pro-
per foundation design and do not put a basement
in the house.
C. Clear out the ditch so that it may carry any
streamflow which may innundate the streambank.
D. Do not remove any trees.
E. Inventory all vegetation within the building
envelope and develop a plan to compensate
another area with an equal amount of vegetation.
F. Do not disturb any vegetation within the 100
year flood hazard zone.
G. Employ accepted erosion control measures to elimi-
nate any impact upon water quality from the con-
struction.
H. Develop the house as a single story structure,
using indigenous materials and blending it into
the landscape.
I. Eliminate the channel restrictions caused by
the improper construction of the bridge and
culvert.
J. No dogs should be permitted to be kept on the
property.
K. No fencing should be permitted around the peri-
meter of the property.
Memo: Jacobs 1041 Special Review
Date: July 6, 1981
Page: Four
L. iJo outdoor construction should be permitted from
mid-December to mid-April.
M. t~lo construction should be permitted above the
homesite.
N. A spark arrestor should be installed above the
fireplace in the chimney.
5. The applicant following the design parameters for a
sewage disposal system outlined by Rick Kinshella
in his letter to Bob Hughes dated April 23, 1981.
6. The applicant preparing a powerline extension plan
addressing the location of poles, providing ease-
ments for those portions of the line which cross
other property owners, and describing provisions
which insure that vegetation will not be disturbed
by the placement of poles.
.. ecorded at 11:30 .,~ 21, 1979 Loretta Banner 8~ r Reception~l~1~0S~,
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~U' ~' VV~"3~3 ru;.646
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IN THE DISTRICT COURT ~.;
~~ IN AND FOR THE COUNTY OF PITK N'
~`
AND STATE OF COLORADO ~ ' ~s~ "~ ~~ ZC`, ~ .
Civil Action No. 78CV165 EL_.4,,, .
DOROTHY KOCH SHAW,
v.
Plaintiff,
F. G. SOUTH and HELEN
E. SOUTH.HASKIN,
Defendants.
ECREE CONFIRMING PARTITIO
AS REPORTED BY COMMLSSIONERS
IN THEIR SUPPLEMENTAL REPORT
Based on a review of the Court's file in the above-
entitled matter, the Court FINDS:
On October 23, 1978, this Court entered its Order for
Partition in the above-entitled matter, and on October 30, 1978,
issued its Order Instructing the Partition Commissioners appoint-
ed by it to partition the real property which is the subject of
this Partition action; and,
On December 7, 1978, the Report of the Partition
Commissioners, theretofore duly appointed and empowered, was
filed with the Court; and on December 14, 1978, the plaintiff
affirmatively represented to this Court that she had no object
thereto; and,
Thereafter,. on January 11, 1979, the plaintiff requested
an Order permitting and instructing the Partition Commissioners
to reconsider and supplement their Report filed on December 7,
1978, based upon new information which had come to the plaintiff;
and,
On January 13, 1979, the Court, based on plaintiffs
request, did order the reconsideration by the Partition
Commissioners; and,
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On February 14, 1979, the Partition Commissioners did
file with the Court their Supplemental Report; and,
On December 22, 1978, the County of Pitkin withdrew its
appearance previously made herein; and,
After reviewing the Commissioners' Report and Supplemental
Report, and after duly considering the same, the Court does now
find and declare:
A. That said Partition Commissioners have partitioned the
real property mentioned in the Order for Partition heretofore
made and entered in the above-entitled action, and they have fair
ly divided said property and allotted the several portions there-
of to the respective parties, quality and quantity relatively
considered, according to the respective rights of said parties,
as determined by the Court in said Order for Partition; they have
designated-the fractional portions by proper legal description,
they have considered the topography, access requirements, the
developability of and limitations on developability of the
subject property, as shown on the plat attached hereto as Exhibit
"A," and they have otherwise proceeded in all respects as declar-
ed by said Order for Partition.
B. That no objection or exception to the Commissioners'
Supplemental Report has been made by any of the parties to the
above-entitled action; in fact, the plaintiff has requested that
said Supplemental Report be confirmed and that a Judgment in
Partition be entered thereon.
WHEREFORE, it is ORDERED, ADJUDGED AND DECREED:
1. That said Supplemental Report be, and the same hereby
is, in all respects confirmed, and that all of the real property
described in said Supplemental Report be, and the same hereby
is, partitioned in the manner set out in said Supplemental Repor
2. That all of the property situated and described as
follows:
-2-
,. • ,
All of the Early Bird Lode Claim and the Sepiolite
Lode Claim; and those portions of the Roundup Lode
Claim and Sement Lode Claim, all being within
U.S.M.S. 6756, Pitkin County, Colorado, not forming
a part of the following described real property:
A parcel of land situated in the SW-1/4 of Section
13, Township 10 South, Range 85 West of the 6th P.M.,
being part of the Roundup Lode Claim, U.S.M.S. 6756
described as follows:
Beginning at a point whence corner no. 2 of said U.S.M.S.
6756 (a no. 5 rebar with alum. cap 2376 in place) bears
N 39°30' W. 290.00 feet;
thence S 32°55' W 150.00 feet;
thence S 57°OS' E 95.00 feet;
thence N 32°55' E 150.00 feet;
thence N 57°OS' W 95.00 feet to the point of beginning,
containing 0.327 acres, more or less;
be, and the same hereby is, allotted to plaintiff Dorothy Koch
Shaw, in fee simple, and that plaintiff hold the same absolutely
free from any and all claims of defendants, or either of them,
EXCEPT the Court shall have continuing jurisdiction over the sai~
property to determine and create by Supplemental Order a non-
exclusive perpetual access and utility easement to and for the
benefit of the property described in paragraph 3 next following,
to be shared in common with the plaintiff, her heirs, grantees
and successors in interest, for access to the property described
in this paragraph 2, to be appurtenant to the property described
in paragraph 3 next following, the location, grade and width of
which shall, at least, meet the engineering standards of Pitkin
County, Colorado, for such easements, and as shall be determined
by such evidence as may hereafter be required by this Court from
investigation made by engineers and/or contractors satisfactory
to it, to be submitted in writing to the Court on or before
July 31, 1979. The Court shall thereafter set a hearing in this
matter to establish, define and locate said easement by its
Supplemental Order. The cost of said investigation and written
report(s) shall be borne by the plaintiff.
3. That all of the property situated and described as
follows:
-3-
.., ,
_~
A parcel of land situated in the SW-1/4 of Section
13, Township 10 South, Range 85 West of the 6th P.M.,
being part. of the Roundup Lode Claim, U.S.M.S. 6756
described as follows:
Beginning at a point whence corner no. 2 of said U.S.M.S.
6756 (a no. 5 rebar with alum. cap 2376 in place) bears
N 39°30' W 290.00 feet;
thence S 32°55' W 150.00 feet;
thence S 57°OS' E 95.00 feet;
thence N 32°55' E 150.00 feet;
thence N 57°O5' w 95.00 feet to the point of beginning,
containing 0.327 acres, more or less;
be, and the same hereby is, allotted to defendants, F. G. South
and Helen E. South Haskin, as their interests appear, in fee
simple, together with an easement appurtenant thereto as provide
in paragraph 2 above, and that said defendants hold the same
severally and absolutely free from any and all claims of the
plaintiff, except for-the common use of said easement.
4. That the Partition Commissioners' Additional fees for
their supplemental investigation and Supplemental Report, fixed
as follows, be paid by the plaintiff:
Commissioner Kathleen Chaloupka $ 50.00
Commissioner James T. Martin $ 50.00
Commissioner Jon K. Mulford $100.00
DONE AND SIGNED this „~~ day of ~.7~~1«r~2<, , 1979.
BY THE COURT:
George E. Lohr, District Judge
APPROVED AS TO FORM AND CO TE T:
Leon rd M. Oates, At orfi f r
Dorothy Koch Shaw -#2760
-4-
Awurkan Lind Title Association Commitment - Modilier ~ '73
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COMMITMENT FOR TITLE INSURANCE
ISSUED BY
STEWART TITLE
GIIARANTY COMPANY
STS "BART TITLE GUARANTY COMPANY, A Texas Corporation, herein called the Company, for
valuable consideration, hereby commits to issue its policy or policies of title insurance, as identified in
Schedule A, in favor of the proposed Insured named in Schedule A, as owner or mortgagee of the estate
or interest covered hereby in the land described or referred to in Schedule A, upon payment of the
premiumsand chargestherefor;all subjectto the provisions of Schedules A and B and to the Conditions
and Stipulations hereof.
This Commitment shall be effective only when the identity of the proposed Insured and the amount
of the policy or policies committed for have been inserted in Schedule A hereof by the Company,
either at the time of the issuance of this Commitment or by subsequent endorsement.
This Commitment is preliminary to the issuance of such policy or policies of title insurance and all
liability and obligations hereunder shall cease and terminate six months after the effective date hereof
or when the policy or policies committed for shall issue, whichever first occurs, provided that the
failure to issue such policy or policies is not the fault of the Company. This Commitment shall not be
valid or binding until countersigned by an authorized officer or agent.
IN WITNESS WHEREOF, the Company has caused this Commitment to be signed and sealed, to
become valid when countersigned by an authorized officer or agent of the Company, all in accordance
with its By-Laws This Commitment is effectiveas of the date shown in Schedule A as "Effective Date."
STEWART'I`ITLE
OIIA RA NTY COMPANY
.*~'
1906
tnarui ,.! (.nuuni ~ /lam(
P~TT~~
Chairman of the Board
~~
President
Sepal No. CC 8 212 2
406000
~_
SCHEDULE A
Order Number: 10057
i. Ettectiye date: JANUARY 7, 1981 AT 8:00 A.M.
2. Policy or Policies to be issued:
Commitment Number: CC 82122
A. ALTA Owner's Policy
Proposed Insured: GARY G. JACOBS AND JESSIE M. JACOBS
B. ALTA Loan Policy
Proposed Insured:
C.
Amount of Insurance Premium
s 475,000.00 $824.75
S
s Tax Certificate $ S.OC
3. The estate or interest in the land descrihed or referred to in this commitment and covered herein is fee simple and in le (hereto
is at the effective date hereof vestetl in:
JAMES J. MOLLICA
4. The land referred to in this commitment is destnbed as follows:
All of the Early Bird Lode Claim and the Sepiolite Lode Claim; and those portions
of the Roundup Lode Claim and Sement Lode Claim, all being within U.S.M.S. 6756,
Pitkin County, Colorado, not forming a part of the following described real
property:
A parcel of land situated in the S.W.Z of Section 13, Township 10 South, Range
85 West of the 6th Principal Meridian, being part of the Roundup Lode Claim,
U.S.M.S. 6756 described as follows:
Beginning at a point whence Corner No
with alum. cap 2376 in place) bears N
thence S. 32°55' West 150.00 feet;
thence S. 57°OS' East 95.00 feet;
thence N. 32°55' East 150.00 feet;
h ° r
2 of said U.S.M.S. 6756 (a No. S rebar
39°30' West 290.00 feet;
t ence N. 57 OS West 95.00 feet to the point of beginning,
County of Pitkin, State of Colorado.
i
I
r
'Authdn unter gnat ure
Page 2 fi'1' I: ~~'A 12'1` '1` I'1' L 1~,
1651 OUwNwNTY CnMn. ~•v
.,
Order Number: 10057
SCHEDULE B -Section 1
Commitment Number: CC 82122
Requirements
The following are the requirements to be complied with: -
Item (al 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 instrumentls) creating the estate or interest to be insured must be executed and duly filed for record ,
to~wit:
(c) Release by the Public Trustee of Pitkin County of Deed of Trust from James
J. Mollica for the use of State Savings Mortgage Company to secure $100,000.00
dated December 8, 1980, recorded December 8, 1980 in Book 401 at page 133.
(d) Deed from James J. Mollica to Gary G. Jacob's and Jessie M. Jacobs.
aoaoo~ Page 3 ti'1' 1': ~1',~ lZ'1` '1` I'1` I.1~,
F....
Order Number: 10057
SCHEDULE B -Section 2
Exceptions
y
Commitment Number. CC 8212
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:
i. 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 alien, for services, labor or material theretofore 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 value the estate or interest or mortgage thereon covered by this Commitment.
6.Any and all unpaid taxes and assessments and any and all tax sales which
have not been properly redeemed or cancelled. Treasurer's Certificate of
taxes due has been ordered.
7.Reservation affecting Roundup Lode Mining Claim, U.S.M.S. 6756 as set forth
in Patent recorded August 24, 1892 in Book 39 at page 97 as follows:
That the premises hereby granted, with the exception of the surface, may
be entered by the proprietor of any other vein, lode or ledge, the top or
apex of which lies outside of the boundary of said granted premises, should
the same in its dip be found to penetrate, intersect or extend into said
premises, for the purpose of extracting and removing the ore from such other
vein, lode or ledge.
8.Right of way for the purpose of constructing and maintaining electric light
and power poles, and stringing and maintaining electrical and power wires
in and upon the Roundup Lode Mining Claim, U.S.M.S. 6756 conveyed to The
Peoples Light and Power Company as set forth in instrument recorded January
18, 1892 in Book 92 at page 238.
9.Right-of-way easement as conveyed to The Mountain States Telephone and Telegraph
Company as set forth in instrument recorded October 4, 1977 in Book 336
at page 54.
l0.Terms, conditions, easements, obligations and a parcel of land as set forth
in Decree Confirming Partition as Reported by Commissioners in their Supplemented
Report recorded February 21, 1979 in Book 363 at page 646.
11.Terms, conditions and obligations of Well Use Agreement as set forth in
instrument recorded May 22, 1980 in Book 389 at page 225.
12.Any tax, assessment, fees or charges by reason of the inclusion of subject
property in Aspen Fire Protection District, Aspen Metropolitan Sanitation
District and Aspen Valley Hospital District.
Exceptions numbered are hereby omitted.
Page a ti'1` I~: ~~'.~ 12'1` '1` I'1` L I.
rasa
O UAItA NTY CO >IPA NI'
<... _,
CONDITIONS AND STIPULATIONS
1. The term mortgage, when used herein, shall include deed of trust, trust deed, of
other security instrument. '
2. if the proposed Insured has or acquires actual knowledge of any defect, lien,
encumbrance, adverse claim or other matter affecting the estate or interest or
mortgage thereon covered by this Commitment other than those shown in
Schedule B hereof, and shall fail to disclose such knowledge to the Company in
writing, the Company shall be relieved from liability for any loss or damagb
resulting from any act of reliance hereon to the @xtent the Company is prejudiced
by failure to so disclose such knowledge. If the proposed Insured shall disclose such
knowledge to the Company, or if the Company otherwise acquires actual
knowledge of any such defect, lien, encumbrance, adverse claim or other matter,
the Company at its option may amend Schedule B of this Commitment
accordingly, but such amendment shall not relieve the Company from liability
previously incurred pursuant to paragraph 3 of these Conditions and Stipulations.
3. Liability of the Company under this Commitment shall be only to the named
proposed Insured and such parties included under the definition of Insured in the
form of policy or policies committed for and only for actual loss incurred in
reliance hereon in undertaking in good faith (a) to comply with the requirements
hereof, or (b) to eliminate exceptions shown in Schedule B, or Iclto acquire or
create the estate or interest or mortgage thereon covered by this Commitment. In
no event shall such liability exceed the amount stated in Schedule A for the policy
or policies committed for and such liability is subject to the insuring provisions ahd
the Conditions and Stipulations and the exclusions from coverage of the form of
policy or policies committed for in favor of the proposed Insured which are hereby
incorporated by reference and are made a part of this Commitment except as
expressly modified herein.
4. Any claim of loss or damage, whether or not based on negligence, and which arises
out of the status of the title to the estate or interest or the lien of the insured
mortgage covered hereby or any action asserting such claim, shall be restricted to
the provisions and Conditions and Stipulations of this Commitment.
STE~I~AR'r TITLE
GIIARANTY COMPANY
Page 5
Reception tio.
5 f.
It~~curdc r. ,~ I~
M._---_ __------ ---
THIS DEED, Made this ?'~
79,81 ,between JAMES J. MOLLICA
II of the County of
~jII Colorado, of the first pert, and GARY G.
as tenants in common
day of January
Pitkin and Stateo
JACOBS and JESSIE M. J
whose legal address is P.O. Box 59, Laredo, TX 78040
of the County of and State of >S+1{dtlldb, otthe second part:
WITN ESSETH,fhat the said party of the first part, for and in consideration of the sum of
TEN DOLLARS ($10.00) and other good and valuable consideration----------16b1.t/n/P/:/
to the said party of the first part in hand paid by the said parties of the second part, the receipt whereof is hereby
confessed and acknowledged, hag granted, bargained, sold and conveyed, and by these presents does
grant, bargain, sell, convey and confirm unto the said parties of the second part, their heirs and assigns forever,xobdx
yga7~, all the following described f/rd//I~/If parcel of land, situate, lying and being in
the County of Pitkln and State of Colorado, to wit
All of the Early Bird Lode Claim and the Sepiolite Lode Claim; and those portions
of the Roundup Lode Claim and Sement Lode Claim, all being within U.S.M.S. 6756,
Pitkin County, Colorado, not forming a part of the following described real
property: A parcel of land situated in the S.W. 1/4 of Section 13, Township 10 ,
South, Range 85 WesC of the 6th P.M., being part of the Roundup Lode Claim, U.S.M.S.
6756 described as follows: Beginning at a point whence Corner No. 2 of said U.S.M1 .
6756 (a No. 5 rebar with alum, cap 2376 in place) bears N. 39°30' W. 290.00 feet;
thence S. 32°55" W. 150.00 feet; thence S. 57°OS' E. 95 feet; thence N. 32°55'
d1kdl~ddeMdslsE~~~bddddfiBdr/ E. 150.00 feet; thence N. 57°OS' W. 95.00 feet to the
point of beginning.
TOGETHER with all and singular the hereditamenta and appurtenances thereunto belonging, or in anywise
appertaining, the reversion and reversions, remainder and remainders, rents, issues and profits thereof; and all the
estate, right, title, interest, claim and demand whatsoever of the said party of the first part, either in law or
equity, of, in and to the above bargained premises, with the hereditamenta and appurtenances.
TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the
said parties of the second part, their heirs and assigns forever. And the said party of the first part, for him
self his heirs, executors, and administrators does covenant, grant, bargain and agree to and with the
said parties of the second part, their heirs end assigns, that at the time of the ensealing and delivery of these
presents he is Well seized of the premises above conveyed, as of good, sure, perfect, absolute and indefeasible
estate of inheritance, in law, in fee simple, and hag good right, full power and lawful authority to grant, bargain,
sell and convey the same in manner and form aforesaid, and that the same are free and clear from all former and
othergrants,bargains, sales, liens,taxes, assessment and encumbrances of whatever kind or nature soever, EXCEPT
general taxes for 1981, payable in 1982; and SUBJECT TO reservation as set forth
in Patent recorded in Book 39 at page 97; right of way as set forth in instrument
recorded in Book 92 at page 238; easement as set forth in instrument recorded in
and the above bargained premises in the quiet and peaceable possession of the said parties of the second part, their
heirs and assigns, against all and every person or persons lawfully claiming or to claim the whole or any part thereof,
the said party of the first part shall and will WARRANT AND FOREVER DEFEND.
IN WITNESS WHEREOF the said party of the first part hag hereunto set his hand and
seal the day and year first above written. ,
Signed, Sealed and Delivered in the Presence of
\.. ~
STATEOF COLORADO 1J
_ r as.
County of Pi skin - 1
Jam"` ?J~~~ \) ~.n'j'~~~i.i<L- ISEALJ
J S ,d. ,MOLLICA
(~~ l/// (SEAL)
ISEALJ
The foregoing instrument was acknowledged before me this
1981 by- JAMES J. MOLLLCA.
?i'2f dayot January
Mycommisaianexyires /Q~~y ,18g'l.Witnesamyha'dandofficialseal. ~~
i
terY Public.
y~,
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t~.`~:.;~~; NO. 921. WARRANTY DEED Ya~lo[eWldinX -~la7a Bredferd PubWhlna Ca., IaU Stet atnet, Dentin Cel°rede 1a7i~telq -a.7p
7'- _~,
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a~'~ (SUBJECTIONS CONTINUED)
f.
in Book 336 at page 54; terms, conditions, easements,'obligations and a parcel
of land as set forth in Decree Confirming Partition as recorded in Book 363 at
page 646; terms, conditions and obligations as set forth in instrument recorded
in Book 389 at page 225; all as recorded in the records of Pitkin County,
Colorado.
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Nicholas Lampiris, Ph.D.
CONSULTING GEOLOGIST
PO BOX 10935
ASPEN, COLORADO 81611
(303) 925-6020
February 3, 1981
James Mollica
300 East Hyman
Aspen, Colorado 81611
Re: Building site, Round Up Claim
Dear Jim,
As you know, this letter is intended as a supplement
to the letter dated October 31, 1978, in which I evaluated
the four (4) mining claims which you own in the Castle Creek
Valley. The exact area to be specifically reevaluated is
marked in red on the accompanying map.
The building envelope herein considered lies within
the west one-half of the Round Up Claim on the east side of
Castle Creek within the TJW1/2, Section 13 (projected), Town-
ship 10 South, Range 85 West, the Aspen 7-1/2 minute quad-
rangle, Pitkin County, Colorado. The topography of the
envelope consists of slightly undulating terrain with cotton-
woods, conifers and other foliage. There are several depres-
sions in the vicinity and a few large boulders which were
probably brought down by one of the glaciers flowing down
Castle Creek. The site is actually within the physiographic
flood plain of Castle Creek, which should not be confused
with the one-hundred (100) year frequency flood plain, which
is shown on an accompanying map.
The general geology and geographic setting of the
four (4) claims has already been discussed in the previous
letter, so only the geologic factors affecting this particular
envelope will be discussed herein.
~.
James Mollica
February 3, 1981
Page two
The envelope is constrained both by the west boundary
of the Round Up Claim and also by the eastern delineation of
the one-hundred (100) year flood plain of Castle Creek. Other
constraints involve the steep slope coming off Richmond Hill
to the east. In the southern one-half of the envelope, the
steep slope poses no major problem, so construction of a single
family dwelling may be up against the foot of the slope or even
cut somewhat into the slope; however, if this is done, great
care must be taken to engineer the rear wall of the structure
so that it replaces the mass of the material removed from the
foot of the slope in excavation. Therefore, the rear wall of
the foundation must act as a retaining wall, and this retaining
wall should protrude approximately six (6) feet above grade in
the vicinity of the steep slope with sufficient strength, as
determined by a structural engineer, to withstand any small
snowsiides or rolling rock impacts off this slope. The possi-
bility of snowsiides or minor rock falls is minor, but, since
there is no view in this direction anyway, it would be safest
to construct this retaining wall with no windows on the uphill
side. If construction can be moved away from the hillside, the
danger becomes minimal in this southern half of the building
envelope. On the northern half of the building envelope, it
was determined that minor snowsiides and minor rock falls were
more severe at the base of the steep slope so the building
envelope is restricted to the creek side of the physiographic
flood plain. In this case, the only problem associated with
this portion of the envelope is the abandoned irrigation ditch
which, during high waters of Castle Creek, may become wet and
even contain flowing water through this portion of the building
envelope. This area should probably be avoided; but, if it is
necessary to construct a driveway or other amenity to the home,
a culvert or some other means of directing water safely through
the site must be engineered. For both portions of the envelope,
it is extremely important that soils engineering studies be
done so that the proper foundation design is established to
account for potentialcompressible soils in these alluvial
sediments. Because of the nearness to the ground water table
in this vicinity, it is reconunended that no basement be
constructed in any home built in this envelope.
~..
James Mollica
February 3, 1981
Page three
Water for domestic use should be available by drilling
anywhere in this envelope to a depth probably not exceeding
fifty (SO) feet, where adequate water should be obtained.
The soils of this envelope are quite suitable for leach field;
however, because of the proximity to both Castle Creek and
the ground water table, great care should be taken in choosing
a site which will not contaminate either water source. The
County Sanitation Engineer should be consulted for his specific
recommendations, which may even include a self contained
engineered septic system. It is safe to assume that, in this
area, the ground water table closely approximates the level
of Castle Creek at that particular season of the year. The
height above the ground water table can be taken to be some-
what less than the calculated height above the creek in the
vicinity of the proposed leach field. Access to the property
should be easily obtained off the bridge already constructed
across Castle Creek, and needs only to be properly engineered
and constructed to be suitable for the purposes of a single
family dwelling.
It is my opinion, as it was on October 31, 1978, that
this is a very suitable site for development within the
Castle Creek Valley if the foregoing recommendations are
followed. The various rock slide, rock fall and snowslide
areas depicted on the earlier map should not reach the
building envelope as shown.
If there are further questions, please do not hesitate
to contact me.
Sincerely,
<<- ~.~~ ~,~ tir~i~,
Nicholas Lampiris
Consulting Geologist
NL ch
~.;
Nichols Lampiris, Ph.l).
...__s CONSULTING GEOI.OGIr.I
P() (3f)7( 10!135
ASPEN, fnL(1RM0 alfil I
(303) 925-fi02,0
October lI, 1.97g
.lames Mnl 1 i ca
X00 Gast IlYnlall Avrnun
Aspen, Colnndn 81611
P.e: (:nsCle Creek Plinlnr Cl.nims
Dear Jim:
T have concludnd my study of nc~ Early Rfrd, Sepinlire, Bement, and
Kound Up rlinin;; rlainu: in the Inwcr (:nstlc i:rrcl: V:Illey aC your
request. 'I'hc claims acre crnll:i);unus and lie cast of the Castle
Creek Knad in Ihn NlJ 4, Scrlinn 1'1 •(. prnjr•eled), 'I' Ill }i, K fl'i W,
within the Aspen 7; minute qundrnn};lo, I'ilkin Cooney, Cnlnn-Idn. Only
nc~ Round llp claim nrn:rrs Ca:;tle f.rcel: null its northwest corner
lies in the censer of nc~ rnunCy rood (srr arcnmpanying mop). '1'hc
Cotal arvn of Ihn frnlr rlainn: in npprn::iloatoly 34 acres:.
The topography of Che prnpurey 1:; Lhal. of n typlc;ll alpine valley
that has under};nnc glacial, Alen dream mndifirafinn. 'I'hr•rr. me
steep valley walls :nul n ynulhful scream which has developed a narrow
flood plain (alluvial plain) in snuu' urea:;. '1'ho :u-oa is undr.rlain
by Precambrian age quart... nlrmnnitc in rlle hil;her, ensLorn pnrCinn
n( Che, prnprrry. :uul Ihr I'rnur.ylv:nri:ul-I'ermi:ln :ry;c P1:n~onn Pol-watiun
in the western portion nP nc~ prnpcrty; these me ..^.eparated by an
Inferred fault splay of l:hn Ca.^.l:lc Creel: fault zone and almost atl of
the prnpcrty is covered by surfir.ial deposits such as the QuaCernary
a);c Calns, moraine, and alluvial deposits shown on tha genlo};ic map
of [he Aspen qundrnngle. (ISrynnC, 1871). The Cal us dcposiCS, megnlar~
slope accumul arinns of blanks of quartz nual•r.oni[e., arc resl'rlrCOd In
the east side of ehe valley in Lhis :Iron. The morainal deposits of
);lacier "h" art rrslricted to the west side of the vnllcy and ennslst
of very poorly sorters ::Ill's, sands, gravol, :Ind boulders. 'the alluvial
deposits, fairly well ::nrlyd :;ills, .:and:;, and };ravels, ore in the
vailcy bnCCnm. 'I'hr prr,jecled I(1(1-year I land boundary shown on fho
map was exlenrled upsl ream to chic: ar<~:I by :;urvcy F.nt;inocrs nn Che basis
n( dnwnstrovn data.
All of the liarly Itird and tirmonr, and unu:l of the SepioliLe, hove
alopr•s };renter Ih:m 4ii:. AUnnt one-hall nl the Kound Ilp has slopes
,LP I N E APP(~A I SAL
A P P E N D I X D c~,:ol.o~>:~ REPORT)
1 .I I!I I'~; .. ;I ~~ • ..';I'i ~ ,' (~+ lr. 11'.~.i r 1 r{ Ir,'11 • (Zl)a) 9;?(,-1(i(-1R
.)amen Nr.~l 1 ica
Octnher 31, 1`178
• ~ Papr Two _
i
Prentrr rhan hi"L.. 'I'hr•rrlnrr, Ibis ropnrl twill deal with fhr I'r•ma~indct'
of Ih. prnp.•I'I 1'. most I)• in Ihr• :Illuv ial pl:Iiu ur I::I::I I.• ('rrv•Ir, whrn•
dcvclnpmnnC puCent i :tl rcannn:thly t•r.inr::. 'I'lu•rc aro I ivc pnt+•n[inl
building; rnvr•lupc:: :••ilhin Iln• I;wlnll III. nml nn,• wilhin Iho Srpiulil+•.
i'hesc will br d i sr:u:;scd i n uun-c dot a i I . 'I'ho hazards shown arc on l y
[hr• noes which nro~ron::nnahly near rho six :Irma:: of pnrrnrinl dovolnp-
uu•nt. 'I'hcr.o :u'rat: a•iII be disco::::od in :I y;rno rally north to sntll'h
direction i,e;;innin;; with nc~ sire wilhin nc~ tir•plnllro claim.
This site is will above tho alluvial plain of Cnstlo Crcrk and rboro-
fnrc totally nut nt t:hc Ilnndplain, 'I'hc sirr ilvoll is between Cho
base of the slope of Aspen Mounrnin Cn t6r oasr and rho irrll;aflnn
ditch nn rho onsl ::ide ul Iho crrok. 'I'hr ul•I rand Into Aspen i::
straddled by tho site, prnvidin(; a invrl plorform for part of the
prnpnsrd hone:. 'I'hlr: old road may provide Iho br.:a arrr:;:; Cn chc situ
it no lty;al prn6lcul;; nt-r rnrnuurorod; unc~rwisc an arros will havr
to he provided from ocher sil.cs on nc~ hound lip claim to the snuCh.
~'he only two P,eolo^ic lutzards which T cnnld idenriPy in the vicinity
oC [he site arc rnch fall and small aval;nu he potentials a[ the marRlns
n( Chc siCe (as shown nn thr mop). Miner slrntt;hiny; of ehr slnpo on:;t
of [hc. hnnu+ ::ito i:; alr;n ;I slig;hl- pn:::;ibilily; in viotr ul thi:: pnrrn-
tial and the nearby rnclc fall mid snow slldn hazards, I sut;i;est l'hat
[hc eaat fac•.inr; wall of any home built' mt Phis site (and sumo of nc~
others nn I:his prnperry) be of nt lrn:a six iuchos of rc•infnrr.od crnt-
crete to a height ar. lc+asr six foeC nbovc g•,radc. Windrnus shnnld bo
few and plarr•~I hiP•h nn rllis lido nl fho ::I rnrl nrc.
The next siCc tics nn Cho wcse ::idc of Lhc valley wrll above C.astlc
Creek between the Castle Crcrk Road and tho nccoss road to the prn-
pcrry adjninin;; nn Iho north. I'Iti:; :;ilc i:: g;ont ly slnpini; and is void
of geologic hazards. Access is already presrnC.
Another site i.s in [.hr alluvial plain of Castle Creek but, as can he
seen t-rum the map, is high ennul;h Cn he one of [hr. projected ]00-year
floodplain even Choug;h flood waters would surround Che site. 'this is•
hecnusc of nc~ lncarimt of nc~ ::iro rrlnrivr In nc~• ::rrenm rhannol
which curves easrwn rJ in this at-oa• Uurin;; largo floods rho srrc:am
channel tends Cn strail;llec•n itself, sometimes permanently; therefore,
any access from tho, present: access rmd should hn dosil;ned fm• this
cvenCUality. 'I'ho proposed hnmc::iCe it.scll should bo ::nfe from flood
waters and, due to Lhc channel of (:astlc Crec•I; Co Che cast acting; as a
barrier, should he safe Irnm the minor ::now slides and rock falls
which miy;ht nrigin:ue rnt the wcsC-f:IC•inp, ::lupus of Aspen Mnunutiu.
The next sire is nn nc~ cast hank of Cho crec4c nn [hc alluvial plain
of Castle Crc•uk hoe our of Chc projerlcd 100-year flnndplain. Nn
avalanche m- rnekl'all paths have been mapped which mi};ht: affect this
site, and the site is a rn:ISnnnbly safe di::rancr from nc~ slope, but
thr cast-lacin7; wall should bo desig;nod uuu•h ns pn'vinusly desr.ribed
,LP I N E APPRAISAL
APPENDIX a
';I}I,`Ii ,'fi. •. '•I'il..ci 1~I'i~.'?•Iw I}{i..ij •1:1fl:iiV?r~ lr+r'+~3
r y tc ~y~~y:l
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OcCnhCr 37,
paRie T~l,rCe
for additional insurance Dutposes, Ac(r.s,; could be. as shown nn Cho
map ,:itat a bridl,c. uv(•r (:n+;tl,. (:reel(. as the:
one situated in the same setei^eenrial
The next sLtr is a rather lone,
previw(ssite. Ilrcausenf ehn .tvn]an<:he nul rock fall hacarthe east-
,nrC inn (rvc`n thnuy;l, mi•nm'), dcvcinpmr.ut should bn
nrf.-inn of the site. Agaln,
to the northern t
nrd nn prcvimtsly rcr.nmmrndr,l• Arress cool(
concentrated in the snuthc'rn p r over the creek.
farm{: wall shnnlcl bc• drnl);
he as shown nn the map with a hridi; ~ologlc environment as
The final site is sin,atcd in the same general g'
It i, nuf n( Ihr prnjretc,cl 100-Yrnr (lundplaiusl.nd
the previous two. snow slide nr rock (all hazard; however,
out of rcnrh of most wall shrntld be well-cnnstruct-
c asr six free.
as in the previous cases, thc• cast.-f:u:in}:
ccl with perhaps :;-Ix in(-hc.s n( rrinfn~id(I, odu,lluahnmee.l dcisrussnd elites.
rack :ux1 fowa,mc~~'~'s`''~c~tostilutn th(. fwn perviously
above g
site would hr the
~nyinl; map was token from
verifiu(1 iu the I irld by uu•, Mcar+ ~1'' '•
The avalanche data rnnCal.ned in the accnmp:
picarn (197?) and vie;uallY
pa;.,c 9) says about ehr ;tvalnnrhos of this immediat-t~u•(' ,lly
"'I'hrsr avalnneh„ p:,Ihsl,le<usv`nlftrlh icrt smalclf x(,00 to
1h00 feet, nltJx,r4;lt, zones will not ihvolve
less than rwn acres) sCart'i nf;
vnl:,nnc~;; will r.tup in th(• valley of
much snow. A n( thin property the
Castle Creek." vir.inity is Ilazard
than 1000 focC, A1Chrntl;lt the Ccolol;
An ariditinnnl nhsrrvatim, is that in t1e shows only flnodplain hazards
vertical dt'ops 'tt~e ~drnnfar. (firyant, 1972)
Map of the Aspen q I found evidence of ::om(. rock fall hazards
~ssnr.iatnd with thi;; aroa,
as previously descrihr,l mid shown on the accompanying ma .
sites described liel'nn etnd
7n conclusion, 1 believe that all of trtcted 1(10-Y('ar flood p
relation safety, bring nut. of the prn.j'
nut of established snow slide o,- rnclc fall zones (Cho ruck ntential)•
rhongh possibly rontaining quite largo rocks.
this part of fhc valley' diminish rho total hazard p
7f my recomn,endaCirn,s for lncarlinns of sites and reinf(?rcede"1('FtStl s
are so infrequent as t"o greatly sites discuss(,d will prove suitable:
arc followed, 1: believe that the nr another cnn,petenC g
Revertheless+ T would suggest ehat 1 .sites; occurs t.o insure safe
nuf. of
be present when Cho actu;,l .calcine
placement of any home:;. (lomesfic.
The hcoingic ron,litinns of the arch in(lirat(• chat water nr
:;ubsur(ac..n within a depth of perhaps
' use should be avnilal,lc, I ram t-ho
SPINE APPRAISAL
APPENDIX l; ,
~• e ill 1 ', ~i 1~'I'
,c ..
• r; ',I 'I I ! (r )li :!:i••I K 1 P,1(~11 • (;i03)'/75-1558 I
.!
~• n''.~ 1}. ~~
1
.. ~ ~ ~• i '
, l'I~ll~.rr
I^w
I'` \/
.lames Mollicn
Or.rnber 31, 197k
1'ng,c: Pour
100 foef, Lr•arli f ic•lds for purpose:: of wanre d i .pn:;al ::hnuld hr
uasil)• d,•vvluprd in Ihr:;r ;trnrr.illy prrmr•ablr ::nil:; Intl a ::anllntlnn
ongineor should Iv run::u)tnd for ::irr• .^.pr•rifir rrrnnunrnd:rtinns.
r\I~n, :r ::ni I:: ,•ul:inr••i in;•. ::IUJY ::IuurlJ b,• rnnrlurlril lur r:rrh bull~llnl;
site prior to rnnsrrncrinn t.o he :;uro of proper frnnulacinn design.
Tf there are further questions, pleaso do not hesitate to contact me.
Sincerely,
.i
r/l~t I:u ~'t 1~~~M
Nicholas Lampiris
Cmu;ulting Geologist
P.R1~ IiR~NCP:S
Bryant, Rruce, 1971, tTenlogic map oP the Aspen quadrangle, 1'ttlcin
Country, Colorado: 11; Cool. Survey, Map CQ-915.
1.972, Mop showing areas of pntentiaT geologic hazards in Che
Aspen quadrangle, Pitkin County, Colorado: US Cenl. Survey,
Map T-7k5-A. .
]972, Map showing avalanche areas in the Aspen quadrangle,
Pitlcin Crnrnr.y, Colnrndn: IIS Cool. Survey, Map T-7R5-(:.
Mears, A.T., 1971, Snow avalanche haz:n-ds in the Aspen area, Pitkin
Count\•, Cnlnrndo: t)pc•n I i Ic ropnrt, Culp. Ccnl. Survey.
,EP I ~ E APPf ?A I SAL •
APPENDIX ~~
:~
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