HomeMy WebLinkAboutpitkin.planning.272909200009DOCUMENT 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)
CASELOAD SUMMARY SHEET
Pitkin County
PROJECT NAM
APPLICANT:
REPRESENTAT
TYPE OF APPLICATION:
I. GMP/SUBDIVISION/PUD (5 step)
1. General Submission
2. Detailed Submission
3. Final Plat
II. SUBDIVISION/PUD (5 step)
1. General Submission
2. Detailed Submission
3. Final Plat
_~ III. SPECIAL REVIEW/REZONING (2 step)
1. 1041 Hazard Review
IV. SPECIAL APPROVAL (1 step)
1. Employee Dwelling Unit
2. 1041 Hazard Review
3. Other
(fee)
($2,630)
($1,720)
($ 660)
($1,560)
($1,310)
($ 660)
($1,180)
($ 660)
REFERRALS: Date Referred: 8 a -83
~ County Engineer Aspen Metro S.D. Col. Div. of Hgwys.
X County Attorney County Sanitation Fed. Aviation Admin.
Building Department Water District Mt. S opris Soils
X Environmental Health Trails Director State Planning Office
Housing Director 7C Holy Cross Electric U.S. Forest Service
Fire Marshall Col. Geologic Survey Div. of Water Resourc
r ,
County Manager Division of Wildlife Rocky Mtn.Nat. Gas
County Environmental Coordinator Water Conservation Bd. Other
School District Mountain Bell
FINAL ROUTING:
County Engineer
County Attorney
Other
~ Building Dept.
Housing Director
Date Routed: ~~%
Environmental Health
Environmental Coo rd.
No: ~N~ J~ 'Z7~.J / /'
Staff: ~i(I pa"CY Vj'j(ie
DISPOSITION:
COUNTY P&Z REVIEW - General Submission:
BOCC REVI - General Submission: '^~~ V ~~~ I v - ~~~
• Resolution No.
P&Z REVIEW - Detailed Submission:
BOCC REVIEW - Detailed Submission:
BOCC REVIEW - Final Plat:
+ ..
Resolution No.
I2hSOLU'i'I ON DI•' TII?~~ BOARD OF COUNTY COMMZ S'S .I ONER:> GL' PITKIN COUN'L'Y, COLORADO
APPROVING THE FENDER SUBDIVISION EXEMPTION AND SPECIAL REVIEW
Resolution No. 83- 112
WHEREAS, Ray R. Fender (hereinafter referred to as "Applicant") is the owner
of record of 2.6 acres of real property more specifically described on the attached
Exhibit "A"; and
WHEREAS, the Applicant has requested a subdivision exemption under Section
4-2.2(a)(6) and special review approval under Section 7-1.4 to divide said property
into three single-family lots, each to be improved with one single-family dwelling;
and
WHEREAS, a public hearing was held before the Board of County Commissioners
of Pitkin County, Colorado (hereinafter the "Board") on October 11, 1983, at
which time evidence and testimony were presented with respect to said application.
NOW, THEREFORE, BE IT RESOLVED by the Board that is does hereby grant sub-
division exemption under Section 4-2.2(x)(6) for the division of said property
into three single-family lots plus a common area, and
BE IT FURTHER RESOLVED that the Board does hereby grant special review
approval under Section 7-1.4 for the replacement of five (5) mobile homes with
three (3) single-family dwellings, each to be constructed on a separate lot, and
BE IT FINALLY RESOLVED by the Board that the above-described subdivision
exemption and special review are subject to the following conditions:
1. A chemical quality test shall be run on the well to determine com-
pliance for contaminant levels of all state mandated chemicals in the
drinking water regulations, including: arsenic, barium, cadmium,
chromium, lead, mercury, nitrate, selenium and silver.
2. Prior to the issuance of building permits for the replacement of any
mobile homes or for the construction of a residence on the vacant Lot
1, water storage tanks shall be installed at each house of between 500
and 1000 gallons, or a single storage tank will be installed at the
well site of 2000 gallons *_o serve all three houses.
3. The subdivision exemption plat shall indicate a 100' radius around the
common well and around the Kerns' well on the adjacent property to
indicate areas within which septic systems will not be permitted.
4. Ttie subdivision exemption plat shall indicate the dedication of that
area within the first curve and above the building sites as easement
available for use by all three lots for installation of septic tanks
and absorption fields.
5. An access easement thirty (30) feet in width, from Highway 133 up to
tine boundary between Lots 2 and 3 shall be recorded and indicated
on the subdivision exemption plat.
6. No building permit shall be issued for a residence on Lo't l tuitil ttce
trailer committed to be removed from Lot 3 is, in fact, r~mzrvevl.
7. Two other trailers on the property which were indicated in the submission
"to be removed" (one located in common area and the other on Lot #2)
shall be, in fact, removed within six (6) months of the date the Board
of County Commissioners approval of this application.
8. A ten (10) foot side yard set back will be permitted Eor the easterly
aide of Lot 3 and for the westerly side of Lot 1.
9. No building permit shall bca issued for Lot 3 until both trailers located
on this lot have been removed.
10. Purchasers of all or part of this property shall be made aware that
expansion of Mobile Homes is not permitted without Special Review.
approval, however, ordinary and necessary repairs and/or maintenance
may be made without special review.
11. Notwithstanding set back requirements, no buildings will be permitted
within five (5) feet of the road surface.
12. The Applicant shall prepare a subdivision exemption plat to be approved
by the County Engineer prior to recording.
13. The Applicant shall prepare a Joint Use and Maintenance Agreement to
establish an equitable method for all parties with interests in the
water system and/or roadway to share in its use and maintenance. This
agreement shall be approved by the County Attorney prior to recording^.
The recordation of the approved Agreement shall be a condition of this
approval.
APPROVED by the Board at their regular meeting on October 24, 1983.
By
ES
J
Lew Scanlon, Chairman
APPROVED AS TO FORM:
I
~~1fu4_~!~ ~.
Tom Smith, County At orney
BOARD OF COUNTY COMMISSIONERS
PITKIN COUNTY, COLORADO
EXHIBIT "A"
•J .
!•
A tract of land situated in the NiyNt•1: of Section 9, Township. 10
South, Fznae SS rest of the Sixth Principal 1•:eridian, Pitkin County,
Colorado, described as follows;
Beginning at a point whence the T•;itness Point to the Northwest
corner of said Section 9 bears N. 53°43' W_ 962.05 feet;
thence S. 73°37' E. 275.00 feet to a point in the center of the
Crystal River;
thence S 32°55'30" W 100 03 feet along the center line of said river;
thence
thence
thence
thence
th nce
N.
N.
N.
N.
N
85°56' W.
57°00' W_
27°23'30"
16°53' E.
39°O1' E_
337.10 feet;
123_19 feet;
E_ 184.96 feet;
28.16 feet;
e 111.60 feet to a point on the Easterly right-of-
way line of State Highway 133;
thence N_ 52°11' E. 20.51 feet;
thence S_ 73°23' E_ 274.28 feet;
thence S_ 44°23'30" W. 221.OB feet to the point of beginning.
COJ:':T' OF PITi:Ii+'
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I
MEMORANDUM ~ ~ ~ -
~_ ,
T0: Board of County Commissioners
FROM: Richard Grice, Planning Office ~~
RE: Fender Exemption and Special Re 'ew ~fY'
DATE: October 11, 1983
This application proposes to replace five mobile homes, located on a
2.6 acre parcel in the AF-2 zone district, with three single family
residences and to subdivide into three parcels with a common area.
The property is located about two miles north of Redstone between
Highway 133 and. the Crystal River.
The application is filed under Section 7-1.4, "rhanaPC_of Nonconforming
Use", which reads as follows:
"A non-conforming use may be, upon approval of a special review
use application under Article 3 or Article 5, changed to a same
or more restrictive classification according to the provisions
_.__
o.f the zone district regulations``6"f ~the'Pitkin County Lan Use
Code, although remaining non-conforming; provided, however, that
all other provisions of this Article 7 shall apply to the new
use. Any relevant time periods hereunder pertaining to the old
and new conforming uses shall be cummulative.'.'_ ,
A subdivision_e~e?option is requested under Section 4-2.2(a)(6), which
permits exemption from the definition of subdivision for any division
of land which:
"is for the purpose of subdividing f,,~,~,yeloped lands under
existing zoning or zoning in effect when the development occurred
(even though resulting lots and uses may be non-conforming) if
the development was done in conformance with the law at the time
and. not done (without subdivision approval) to avoid subdivision
(or other land use) regulations."
The five mobile homes were, according to the application, established
on this property between 1964 and 1965, rior to zonincr., Therefore,
this property is eligible for the exemption rom subdivision as a
fully developed property. Two of the five mobile homes will be,
removed. as a part of this approval and the three which will remain
will ultimately be replaced with single family homes resulting in a
more conforming status.
The Land Use Code requires each newly created lot to have a thirty
(30) foot access easement to the lot from a public road. The sub-
division road which will access the three lots makes an S-curve
through parts of all three lots and ultimately provides access through
the Fender's property to one other property ownership, that of Charles
E. and Eunice K. Kern. The Kerns have an easement for the use of the
road "in place" (i.e., an easement for the 20 foot road surface in
place). '
The applicant's representative argued before the P&Z that a thirty
foot easement following the S-curve through this 2.6 acre parcel
would reduce the buildable area of Lot 3. Furthermore, the legal
access requirements could be met by the dedication of a 30 fQOt
right-of-way only for that portion of_the aoad.in place between
HigFiway_"I3'3 and £he proposed boundary between lots 2 and 3. The road
izp to that point connects to all three lots. A 20 foot access easement
for the road in place beyond the proposed boundary between Lots 2 and
3 provided adequate physical access in the past and we feel that it will
be adequate in the future to accommodate. the fully developed existing
density which is served by the road. An additional 5 foot set back
MEMO: Fender Exemption and Special Review
October 11, 1983
Page Two
for all buildisuFS from the edge of the road surface should be adequate
to prevent encroachments to the access road. '
Set back variances from the twenty (20) foot set back requirement are
reque" s£~d~fbr the easterly side of LOt 3 and the ,wes~.erly.sde of Lot
1. Set backs of ten (10) feet are requested in each case to permit
~lIL utilization of the best building sites. In each case; we -find
the variances requested appropriate and recommend their approval.
There are .no geologic cond' ion,~,,,swhich would adversely affect the
developability of the three lots. Soils are adequate for conventional
~,
septic tanks and absorption fields."~FIo`w~ver, as a.precaution, gob
Nelson recommended the. dedication of additional common are"" a~o'be
available in the event of septic failure on any of the'~I"ots. Bob
suggested an area located within the first curve and above the building
sites.
The water supply is proposed to be provided by an existincx well. The
well wa~~s~pe~itted by the State Engineer.'s Office in 1970 and will
serve all three lots. Easements for the water„_~,,~zL~s..as well as for
power lines are already in place.
Bob Nelson requested that the plat indicate a 100' radius around the
common well and around that of the Kerns on the adjacent p~bperty
w is will be prohibited from use for septic systems. Pro er water
storage faclities~will require the installation at eac ouse`~~"`a
riW~~to 1000_gallon storage tank or the installation of a single tank
at t e we site o~'2d~`d`~al~ons. Bacteriological water quality
~__ .__
tests have been checked and found ad~e~,~t~ • A chem~,,,i ,cal quality test
should be run as a condition of this approval.
Planning Office and Planning and Zoning Commission Recommendation
The P&Z considered this application at their regular meeting on
September 6, 1983, and recommended approval subject to the following
twelve conditions:
1. A chemical quality test shall be run on the well to determine
compliance for contaminant levels of all state mandated
chemicals in the drinking water regulations, including:
arsenic, barium, cadmium, chromium, lead, mercury, nitrate,
selenium and silver.
2. Prior to the issuance of building permits for the. replacement
of any mobile homes or for the construction of a residence
on the vacant Lot 1, water storage tanks shall be installed
at each house of between 500 and 1000 gallons, or a single
storage tank will be .installed at the well site of 2000
gallons to serve all three houses.
3. The subdivision exemption plat shall indicate a 100' radius
around the common well and around the Kerns' well on the
adjacent property to indicate areas within which septic
systems will not be permitted.
4. The subdivision exemption plat shall indicate the dedication
of that area within the first curve and above the building.
sites as available for use by all three lots
for installati n of septic tanks and absorption fields.
5. An access easement thirty (30) feet in width, from Highway
133 up to the boundary between Lots 2 and 3. "~-c~i
eicamgt~.c+~• p lat .
MEMO: Fender Exemption and Special Review
October 11, 1983
Page Three
6. No building permit shall be issued £or a residence on ".ot 1
until the trailer committed to be removed from Lot 3 :~, in
fact, removed.
7. Two other trailers on the property which were indicat in
the submission "to be removed" (one located in common area
and the other on Lot #2) shall be, in fact, removed w ..hin
six (6) months of the date the Board of County Commis: .oners
approval of this application.
8. A ten (10) foot side yard set back will be permitted :r
the easterly side of Lot 3 and for the westerly side Lot
1.
9. No building permit shall be issued for Lot 3 until bo i
trailers located on .this lot have been removed.
10'. Purchasers of all or part of this property shall be m le
aware that expansion of Mobile Homes is not permitted ~ ~ikHNy
without Special Review approval, however, q~•~0 `~
repairs and/or maintenance may be made wit out sp cia,. f~ntt.ii~
review.
11. Notwithstanding set back requirements, no buildings ya~~.~ be
permitted within 5 feet of the roan surface.
12. The applicant shall prepare a subdivision exemption p .t to
ho nnnrnvoA by tha f`nnni-v F.nninaar nrinr +n racnrAinn
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v o; r ~ u3=t, A+~ (r1~a ~ Vu's 1o~N'at~~(9, :2S~4ab l~ s 1~ A,~ Jt~,~~lolc
n.~„~,~~„od ~T Q)1 ~ur~+~eS I,v~~ 1~~oroS-11 iN ~*t-
Wa'4~r S7S~ ~ f or road w+~7 ~lv S ~,ar~ irJ i~'.!
U~.1Q R~ /1+n~i~•1~4N~,NCa . ~ThiJ ~.r S'~'a,ll b~
Q Pr®~.ol 6`1 ~ l,~tu-'"~'~ /~ii'~^'1~!`J~ ~r; or ~p Y[ CD-d,~ .
~. 1-~,cora~~~ p-1' `}~.P. o~~rc.Y~.PJ ~rMrr-v,.~ S~,GI
A +~~,,~.~., ON W ~ ~ f ~DrIVR I
~.
JEFFREY H. SACHS
HERBERT S. KLEIN
JON DAVID SEIGLE
SACHS, KLEIN & SEIGLE
PROFESSIONAL CORPORATION
ATTORNEYS AT LAW
TELEPHONE
13031 8258700
JAMES H. DELMAN
B. JOSEPH KRABACHER
RICHARD J. DELACENSERIE'
NANCY J. DELACENSERIE'
'ADMITTED IN WISCONSIN ONLY
201 NORTH MILL STREET
ASPE N. COLORADO 61611
September 16, 1983
Richard Grice
Pitkin County Planning Office
130 South Galena Street
Aspen, Colorado 81611
Re
Dear Richard:
Fender Exemption
Enclosed please find a copy of a fully executed DEED OF
EASEMENT between J. Halliday and Ray Fender. This easement
covers the portion of the E1 Rancho Deluxe property adjacent to
State Highway 133 for distance in excess of fifty feet. This is
also shown on the map I have provided to you at the Planning and
Zoning Commission Hearing as a triangular shaped shaded area
between the Fender property and State Highway 133 along the line
of the existing access road to the property.
I am recording this easement and will have the book and page
number of this easement indicated on the final plat map.
Very truly yours,
SACHS, KLEIN & SEIGLE
Herbert S. Klein
HSK:bsr
enclosures
MEMORANDUM
TO: Pitkin County Planning and Zoning Commission
FROM: Richard Grice, Planning Office
RE: Fender Exemption and Special Review
DATE: September 6, 1983
This application proposes. to replace five mobile homes, located
on a 2.6 acre parcel in the AF-2 zone district, with three single
family residences and to subdivide into three parcels with a
common area. The property is located about two miles north of
Redstone between Highway 133 and the Crystal River.
The application is filed under Section 7-1.4, "Changes of
Non-conforming Use", which reads as follows:
"A non-conforming use may be, upon approval of a
special review use application under Article 3 or
Article 5, changed to a same or more restrictive
classification according to the provisions of the
zone district regulations of the Pitkin County Land
Use Code, although remaining non-conforming; provided,
however, that all other provisions of this Article
7 shall apply to the new use. Any relevant time
periods hereunder pertaining to the old and new
conforming uses shall be cummulative."
A subdivision exemption is requested under Section 4-2.2(a)(6),
which permits exemption from the definition of subdivision for
any division of land which
"is for the purpose of subdividing fully developed
lands under existing zoning or zoning in effect when
the development occurred (even though resulting lots
and uses may be non-conforming) if the development
was done in conformance with the law at the time and
not done (without subdivision approval) to avoid
subdivision (or other land use) regulations."
The five mobile homes were, according to the application, established
on this property between 1964 and 1965, prior to zoning. Therefore,
this property is eligible for the exemption from subdivision as
a fully developed property. Three of the five mobile homes will
be removed as a part of this approval and the three which will
remain will ultimately be replaced with single family homes
resulting in a more conforming status.
Several issues related to access need to be resolved. First of all,
we have not been provided evidence that "there is an established
easement at least thirty (30) feet in width, for ingress and egress
and utilities to the property from a public road." This is an
essential minimum submission requirement since this process is
at least, in part, a consumer protection exercise. The applicant
has assured us that a properly executed easement through adjacent
ownership over the historic access connecting the Fender property
to Highway 133 will be in our office prior to this meeting.
Should the easement evidence not be available by Tuesday we would
recommend that the item be tabled until such time as that evidence
is provided.
MEMO RE: Fender Ex-option and Special Review
September 6, 1983.._
Page Two
A related issue is the fact that each newly created lot must have
a thirty (30) foot access easement to the lot from a public road.
The subdivision road which will access the three lots makes an S-
curve through parts of all three lots and ultimately provides
access through the Fender's property to one other property ownership,
that of Charles E. and Eunice K. Kern. The Kerns have an easement
for the use of the road "in place" (i.e., an easement for the 20
foot road surface in place).
If there were a thirty (30) foot easement established for the road
in place, all of the legal and physical access requirements of the
Land Use Code would be met. We feel that thirty (30) feet minimum
access easements are necessary even when the road surface will
only be twenty (20) feet in width in order to permit road maintenance,
snow plowing, snow storage and to prevent encroachment into the
right-of-way. The applicant's representative has pointed out that
the thirty (30) foot easement requirement would reduce the buildable
area of Lot 3, come close to an existing trailer, and impact an
existing shed. However, we don't find the thirty (30) foot easement
requirement unreasonable even considering that this is an existing
road and density which has worked well in the past. This is our
opportunity to improve an existing situation, plus we don't think
that buildings should be permitted to be constructed within five
(5) feet of a road surface which serves other properties. Therefore,
we would recommend that a condition of approval be the dedication
of an easement for access thirty (30) feet in width, fifteen (15)
either side of the center line of the road in place.
Set back variances from the twenty (20) foot set back requirement
are requested for the easterly side of Lot 3 and the westerly side
of Lot 1. Set backs of ten (10) feet are requested in each case
to permit the utilization of the best building sites. In each
case, we find the variances requested appropriate and recommend
their approval.
There are no geologic conditions which would adversely affect the
developability of the three lots. Soils are adequate for conventional
septic tanks and absorption fields. However, as a precaution, Bob
Nelson recommended the dedication of additional common area to be
available in the event of septic failure on any of the lots. Bob
suggested an area located within the first curve and above the
building sites.
The water supply is proposed to be provided by an existing well.
The well was permitted by the State Engineer's office in 1970 and
will serve all three lots. Easements for the water lines as well
as for power lines are already in place.
Bob Nelson requested that the plat indicate a 100' radius around
the common well and around that of the Kerns on the adjacent
property which will be prohibited from use for septic systems.
Proper water storage facilities will require the installation at
each house of a 500 to 1000 gallon storage tank or the installation
of a single tank at the well site of 2000 gallons. Bacteriological
water quality tests have been checked and found adequate. A
chemical quality test should be run as a condition of this approval.
The Planning Office recommends approval of the Fender Special
Review and Subdivision Exemption subject to the following conditions:
1. A chemical quality test shall be run on the well to
determine compliance for contaminant levels of all state
mandated chemicals in the drinking water regulations,
including: Arsenic, barium, cadmium, chromium, lead,
mercury, nitrate, selenium and silver.
MEMO RE: Fender E•~mption and Special Review
September 6, 1983.,
Page Three
2. Water storage tanks shall be installed at each house of
between 500 and 1000 gallons, or a single storage tank
will be installed at the well site of 2000 gallons to
serve all three houses.
3. The subdivision exemption plat shall indicate a 100'
foot radius around the common well and around the Kerns
well on the adjacent property.
4. The subdivision exemption plat shall indicate the
dedication of that area within the first curve and above
the building sites as common area available for use by
all three lots for installation of septic tanks and
absorption fields.
5. An access easement thirty (30) feet in width, fifteen
(15) feet either side of the center line of the road in
place shall be established and reflected on the sub-
division exemption plat.
6. No building permit shall be issued for a residence on
Lot l until the trailer committed to be removed from Lot
3 is in fact removed.
7. Two other trailers on the property which were indicated
in the submission "to be removed" shall be, in fact,
removed as a condition of this approval.
8. A ten (10) foot side yard set back will be permitted for
the easterly side of Lot 3 and for the westerly side of
Lot 1.
s . v, ~~t~
~~~~
EASEMENT AGREEMENT
THIS AGREEMENT, Made and entered into this ~ ~v77 day of
~~~ ~ 1983, by and between Ray R. Fender (hereinafter
"Fender") and Charles E. Kern (hereinafter "Kern").
WITNESSETH:
WHEREAS, Fender is the owner of certain real property in
part contiguous with real property owned by Kern located in
Pit}cin County, Colorado as more particularly described on
Exhibits "A" and "H," respectively, and incorporated herein by
reference; and
WHEREAS, the parties wish by this Agreement to settle
disputes which have arisen in the past and to preclude those
which may arise in the future concerning the construction,
operation, maintenance, and replacement of a certain improved
easement which serves as access to the properties of the
parties.
is
NOW, THEREFORE, for and in consideration of the mutual pro-
mises and covenants contained herein, the parties agree that:
1. Tne present location of the easement and improved access
road (hereinafter "easement") is in place and is approxima-
tely depicted in red ink on the attached Exhibit "C"
attached hereto and incorporated herein by reference. The
parties agree that such easement shall be used solely for
the use of up to four single-family dwellings located on
Fender property and up to one single-family dwelling on the
}:ern property. Any additional units placed on either parcel
shall proportionately increase that party's obligations
under this Agreement.
2. Within fifteen (15) days from the execution hereof,, Kern
shall reimburse Fender in the amount of One Hundred
Seventy-Nine and 45/100 Dollars ($179.45) for past expen-
ditures for the operation and maintenance of the easement.
All costs and expenses hereafter made for the purposes of
-1-
,~ __.._~_.,._~;~~7 operating, maintaining or replacing the ease-
ment shall be paid for pursuant to a seventy-five percent
(75$) Fender share and a twenty-five (25$) Kern share, sub-
ject to any modifications hereof pursuant to paragraph 1,
su ra. Except as set forth in Paragraph 3, infra, prior to
any maintenance, or replacement activities
which exceed one-thousand ($1,000) in any one calendar year,
each party shall consent to the proposed construction main-
tenance or replacement activities.
3. Fender shall have the right to realign the easement, at his
sole construction cost expense, at a place along Fender's
northern property line providing such realignment results in
an easement of similar quality and scope as the easement
which exists prior to such realignment. In the event
realignment is made, the parties agree to exchange quit
claim deeds to cover the alteration in easement alignment.
Once realignment is complete, all provisions relating to
cost sharing set forth in this Agreement shall control.
4. The parties agree that in the event of a dispute arising
hereunder, the laws of the State of Colorado shall control
this Agreement and each party consents to the jurisdiction
of the Colorado state courts. Notwithstanding the foregoing
provision, any controversy or dispute arising out of, or
related to this Agreement, or the breach thereof, shall be
settled by arbitration. Such arbitration shall be effected
by one arbitrator, selected as hereinafter provided, and
shall be conducted in accordance with the rules existing at
the date thereof of the American Arbitration Association.
The dispute shall be submitted to one arbitrator, who shall
have had at least ten (10) years experience in the real
estate construction business, which arbitrator shall be
selected jointly by the parties hereto. In the event that
the parties hereto cannot agree within one (1) month within
notification of demand for arbitration hereunder, such
arbitrator shall be selected by the American Arbitration
-2-
5.
6.
Association. Judgment may be entered on any award entered
by the arbitrator in any Federal or State court having
jurisdiction over the sites on which the project is located.
Costs, fees and expenses of the arbitrator shall be borne
equally by the parties, and the prevailing party shall be
entitled to reasonable counsel fees incurred, which fees
shall oe determined by the arbitrator.
This Agreement shall be binding upon and inure to the bene-
fit of the heirs, successors, and assigns of the parties
hereto.
'knis Agreement contains the entire agreement of the parties
concerning the subject matter and supersedes all prior
agreements, if any.
WHEREOF, the parties have executed this Ayreement in dupli-
cate originals on the day and year first above written.
Ray Fend r
Charles E. Kern
STATE OF COLORADO )
t~ /J~Q~I~ ) ss.
County of /JG~~'" )
q^ The foregoing instrument was acknowledged before me this
~ day of ~_• 1983, by Ray R. Fender.
WITNESS my hand and official seal.
My Commission expires: O
Notary Public
Address:d~ X~~~~`~3
STATE OF CULORADO~ )
__ ) ss.
County of ~ '' )
The foregoing .instrument was acknowledyed before me this
~- day of -='/ 1983, by Charles E. Kern.
WITNESS my hand and official seal.
My Commission expires:___`~ __ __
~t-
-3 ~~A~crl~es l~; ,'.% tr r:~,Ct j/
_.
EXHIBIT "A"
a tract of las$ Iy'estaofdthe Sig:th~Prinocipalc}•;eorid9an,,opitkin County,
south, Ranae
:olorado, described as follows= _
;ginning at a point whence the t;itness Point to the Northwest
-orner of said Section 9 bears N- 53°4oint in6thescenter of the
.hence S_ 73°37' E_ 225.00 feet to a p
:rysta
.hence
.hence
.hence
hence
hence
1 R
S_
N_
N_
N_
N_
fiver;
32°55'30"
85°56' Ia-
57°00' W-
27°23'30"
16°53' E-
W_ 100_03 feet along the center line of said river
337.10 feet;
123.19 feet;
E_ 184_96 feet;
28.16 feet;
hence N: 39°Ol' E_ 111.60 feet to a point on the Easterly right-of-
ay line of State A~90W51 feet;
hence N_ 52°11' E_ 274 28 .feet;
hence S_ 73°23' E_
hence 5. 44°23'30" h'- 221.08 feet to the point of beginning.
p;):d T OF P 1 Ti:7 i.
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LAST _ 3.J6QJeN 1.~ ~~ L SH. Q d:
Sf/Ld _.~ ^~ ti 7 ~~f ~i J
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i •J9i{/ ~ O Jc.n' 62603- ~Jts ~ 3.S2 ~T `-
os v /~- • to __~ J3
•e t•
P/E.PSON / + 3 L ~~ 3~ ~ / -
/ ~ ~ / ~
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1° / __ 337 Q.- ~,~//
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•-` '~f~:.a.,,rr.r•orar~~__4Ch-------a,r.;r__~=`oUer---___.n.u.a_72,•.L4~~'~----°°`.~:*'.~:
~~ Peggy E. klich
• 1544 ,. , --- - `"='- ----------------nscoaD>:tt
~; (' ~~1~ QQb, made this 1St day of September in the year of our Lord CF( ~~`;
f
'O
' one thou_tand nine hundred and Seventy-two between ROBERT T. MORLAN ~!
.~~
' and EDNA MORLAN ___
j -~ -J
'~ of the County of Pi t3Cln and State of Colorado, of the first part, and
CHARLES E. KERN and EUNZCE K. KERN VIRGINIA ~~~
•I Cen to rvi lle , and Sta4 of C}'i~Y°XYta' of the second part; 1H iJVl!116"N09 3 1-'ia
of the?f:L~d43~Ef~f
I!.
I Witnesaelh, That The said part 125 of the first part, for and in consideration of the sum of
--NINE THOUSAND AND NO/100-- DOLLARS,
1~' • to the said part 125 of the 5rst part in hand paid by the said parties of the second part, the receipt whereof ie
hereby e0lL~eaSed and acknowledged, ha V6 granted, bargained, sold and conveyed, and by these presenb do
ji grant, bargain, sell, convey and confirm unto the said parties of the second part, not in tenancy in common but So i
'- joint tenancy, the sunwor of L*em, their assiyms and the heirs and assigns of such survivor forever, all the following
'. described lot or parcel of land, situate, ]ying and being in the County of Pl tliln and State
~~ of Colorsdo, Lo-wit:
A tract of land situated in the NzNWa, Section 9, Township 10 S.,
R. 88 West of the 6th P.M., described as follows: Beginning at
a point whence the Witness Corner to the Northwest Corner of said
Section 9 bears North 53°43' West, 962.05 feet; thence North
44°23'30" East, 221.08 feet; thence South 79°06' East, 233 feet i
to the center of the Crystal River; thence South 48°05'30" F7est, t
231.73 feet along center of the Crystal River; thence North 73° j
37' West, 215 feet to the point of beginning, containing 1.0
acre, more or less. ____ _____. -__
Together with an easement or right of way for road purposes as the '
same is now established and in use from the existing County Road
~ to the above described property.
~ Also together with all ditch and water rights belonging to, used r
upon or in connection therewith and including well for home h
Ii irrigation and domestic purposes. `
u
Together with all and sub^ular the heirditaments and appurtenances thereto belonging, or in anywise apper-
taining, and the ret•ersion and rete~ion9, remainder and remainders, rents, issues and profits thereof; and all the
estate, right, title, interest, claim and demand whatsoever of the said part 125 of the fast part, either in law or
equity, of, in and to the above bargained premises, with the hereditaments and appc:.enancea.
To Have and to Hold the said pr=misea above bargained and detscribed, with the appurtenances, unto the said
parties of the second part, the survivor of them, thrSr assigns and t 2h =s and assio^na of sucb survivor forever.
And the slid part 1.e5 of the 5rst part, for them sel V25/ `~cirs, executors, and administrators, do
cotenant, gent, bargain and airee to and with the sr~d parties of the second part, the survivor of them, their assigrLa
and the heirs and assigns of such cu rviter~ tha: a~~~ ti~mi reeoPetiect, abso~te andtindeSeasfble estate of isn~eritan~cea
.cell seized of the premises above convey as of
in law, in fee simple, and ha V2 good right, full power sad ]awful authority to grant, barS•ain, sell caned com'et'
the same in manner and form afo resaid, a.-,d that the same are free and clear from all formers XC2 tr ~aze5
bargains, x.11 ea, liens, Lames, .^-cscaments and incwTbranus of whnteter kind or nature soccer, P
for 1972 due in 1973, all of which Grantees asstune and agree to pay
j and the abore bargai^ed prenti sex in the quiet and peacrable Possession of the «id Patica of the second part, the
~ ~ sun-ivor of them, their a<sigrs and the heirs and assigns of such _run-ivor, zgranst sll and every person or persons
laa-fully claiming or to claim the whole or any Part thernof, the said Part 125 of the first part shall and will
CVARRAIvT AND FORh'VEA DEFEND.
i' In n'itnes3 TVhereof, The svd part 125 of the 5rst put ha Ve hereunto set their hands
is
and seal S tl:e day and }car first above written
II Sig r.cd, Sc=: cd and nc'i.'c and i-. tl:a Praaco of `~~l ~ ///' ~ ~
_. .
ROBERT T. MORLAN ~~~
/J -------------
j. ...._....-.-._..-.. -- ~ -
- ---- - --- - ------- ---------- -------
.h~ STATE OF COi,Of2AD0,
l ' ' - ''~'"~ Cuunly oL_..--.DELTA es. Th for goin i trvmcnt ~~a
............. - 1st ~epte ei
II ,,•..... ... acknow9edgcd before me t}us ................................._.da of.-._._....-._......_.....__....-..-..., ]9._...._.,
I~ : •w~:;G.:~:.~it ~•.. •by.......ROBERT..-T--...T10RI,J±N-.-and_.EDNA-_I•fORLAN .............._....-..-............-----
ii~ :• Il ;1
r •• ~ '_ i c ~l'itncss my hand :mid nRici al real.
! .,[ /~ ~'t ..-, ~frY 11y commission cxPires.-. ~~ y CRm1Ai5t~.PJI~ PIfSS C ..~8,~]$
Pd/
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~. ,A •. .-.___.......... glary 1'ub c
•. 'N li
nF ~~• .••'~ 0~ •If artin[ in nR clwl or rrk r<rcnlwlirs <,ewri V. Io.~~rt nerve wad stag ,~'a or rap+cilY and for ..6om wrtlnR.
I ^. f%J~IOR'~ :i
s0U-D~T-Rr r:..d •. wA RRANTY D6F11 TO ]O3N7 T£N AN TB-Out w•ral Uwnudal wad G.volr Printers. lnr.. Colorado sv:inrw. GloraAe
`~ r F.Y3ITBIT "B"
DEED OF EASEMENT
WITNESSETH this Deed of Easement made this ~_ day of
September , 1983, between Jay F, Halliday, grantor, and Ray
Fender, grantee, whose address is 0223 St., Hwy 133, Carbondale,
Colorado 81623.
WITNESSETH that grantor, for and in consideration of the sum
of $10.00 and other good and valuable consideration, to grantor,
receipt of which is hereby acknowledged does hereby grant,
bargain, sell and convey unto grantee a perpetual non-exclusive
easement over and across a portion of real property lying within
Lot 1 of the E1 Rancho Deluxe Subdivision, described on the
recorded plat thereof in Plat Book ~_, Page ~_ of the records
of Pitkin County, Colorado for purposes of access, ingress and
egress and more particularly described on Exhibit A attached
hereto and incorporated herein by this reference.
Grantor does hereby covenant and represent that he is
lawfully seized of the premises hereby conveyed, as of good,
sure, perfect, absolute and indefeasible state of inheritance, in
law, in fee simple and has good right, full power and lawful
authority to grant, bargain, sell and convey the same in the
manner and form as aforesaid and shall and will warrant and
forever defend the same.
IN WITNESS WHEREOF, grantor has hereunto set his hand this
14th day of S~gtember 1983. ,~~_ I,.~
j~. 1~-~ ~ 1 Cv
ay
STATE OF COLORADO)
COUNTY OF PITKIN )
Subscribed and sworn to before me this 14 day of
September 1983, by Jay F. Halliday.
WITNESS my hand and official seal
My commission expires: 10/3/83
~~~~~
Notary Public
Address:0223 Hwy. 133
Carbondale CO 81623
FENDER EXEMPTION AND SPECIAL REVIEW APPLICATION
PROJECT SUMMARY
This application is submitted pursuant to Section
4-2.2(a)(6) of the Pitkin County Land Use Code (exemption for
fully developed parcels) and pursuant to Special Review
requirements of Section 7-7.4 of the Code for a change in use of
an existing non-conforming use.
The subject property consists of approximately 2.6 acres of
land located along State Highway 133 in the Crystal River Valley.
The property contains five mobile homes which were established
between 1964 and 1965. As such, the property presently
constitutes a non-conforming mobile home park. Current zoning
for the property is AF-2. The applicant proposes to subdivide
the property into three single-family homesites together with
approximately two-thirds of an acre of common area bordering the
Crystal River. The applicant proposes to remove two of the
mobile homes and set forth conditions for the removal of the
third mobile home from the property as more specifically set
forth in the subsequent portions of this application. Special
review is requested for the change from the current
non-conforming use to a more compatible and conforming use, i.e.
single-family homes to replace the existing mobile homes. Public
benefits will accrue by the removal of five trailers and their
ultimate replacement with three single-family dwelling units
thereby reducing existing density and improving the character of
the neighborhood.
Mapping
Attached is a site plan which identifies three proposed
single-family lots plus a common area on the property. The five
existing mobile homes are identified in their present locations.
Two of the mobile homes bear the legend "to be removed". It is
the applicants intention that within a reasonable time, primarily
based upon weather conditions, after the approval and recordation
of the exemption map, that these two mobile homes would be
removed from the property. A third mobile home shown on Lot 3 of
the site plan will be removed prior to the issuance of a
certificate of occupancy for the single-family dwelling to be
located on the proposed Lot 1. The site plan bears a legend at
Note 1 to this effect.
The site plan respects the 100 foot highway setback and is
consistent with A F-2 zoning setbacks except that a ten foot side
yard setback is requested on the easterly lot line of Lot 3 and
the westerly lot line of Lot 1. The twenty foot AF-2 sideyard
setback, if imposed on Lot 3, would significantly diminish the
available building area for a single-family dwelling and, if
imposed on Lot 1, would eliminate a primary building area on a
relatively flat portion of the property. In all other areas, established
zoning setbacks are maintained. Considering the non-conforming
nature of the existing development, the setback variation is reasonable
and a significant improvement over the current placement of the
existing trailers.
The site plan indicates a twenty foot roadway easement along
an existing and established roadway connecting the property to
Highway 133. A well and waterline easement is established from
the well located in the common area to the common utility
easements located along all of the proposed lot lines. Powerline
easements are also established along existing locations.
2. Visual Impact -Scenic Quality
Although the property lies along Highway 133, it is below
the Highway alignment and vis ually screened by thick foliage.
The only trailer that is in any way visible from the highway is
"to be removed" and, is only marginally visible in its present
locat ion. No other improvements on the property will be visible
from the highway.
3. Utilities
Water service is available from an existing well located
within the common area. The well is authorized pursuant to
permit No. 41746 issued June 24, 1970 for domestic proposes.
This well currently serves the trailers and is in good order and
repair. Sewer facilities are provided by an on-site septic
system pursuant to Pitkin County Environmental Health Department
sewer permit No. 80059, issued November 10, 1980. The sewer
system is in working order and good repair. Electricity is
provided by Holy Cross along existing power lines. Soils on the
property are suitable for future septic systems for future
single-family residences.
4. Compatibility VYith Neighborhood
Virtually all of the adjacent ownerships are held in parcels
ranging from .9 acres to 3.5 acres. The density reduction
proposed by this application from five mobile homes to three
single-family homes will result in a higher level of
compatibility with the adjacent properties. A copy of a survey
map is attached as Exhibit which was prepared in 1962
indicating various ownership parcels in the vicinity of the
subject property. Further subdivisions have taken place on
adjacent properties since this time wh ich have resulted in
additional parcels in the area. Although a few of the adjacent
parcels contain mobile homes, the most desirable use of the
property is single-family dwellings.
-2-
Hazard and Resource Areas
The Property is not affected by any natural or man-made
hazards and is suitable for the single-family residential uses
intended. The common area is impacted by the Crystal River
floodplain and will not be used as a building site. All other
portions of the Property are substantially above any floodplain
areas and have suitable soils for building proposes.
6. Request for Waiver of Filing Fees
The applicant is applying for an exemption, requiring a
$660.00 filing fee and a special review request requiring a
$1,180.00 filing fee. The elements of review for the special
review are merely for the upgrading of an existing non-conforming
use (mobile homes) to permit the establishment of single-family
residences on the parcel. The appropriateness of such a change
from non-conforming use is obvious and does not require over
$1,100.00 in review charges. Virtually all reviews necessary for
this simple and straightforward application should be amply
covered in the $660.00 exemption fee. The purpose of the development
fee structure is for development to pay its own way rather than to
generate profits for local government. Appendix D of the Land Use
Code states that fees for the processing of land use applications will
be set by the Board of County Commissioners "commensurate with the
level of service". Therefore, it is appropriate that by Resolution
approving this exemption and special review request, that the Board
agree to refund all or a significant portion of the special review fee
paid by the applicant.
Contribution to Housing Stock
As an exemption for fully developed properties, the
application is not subject to Pitkin County employee housing
requirements. Furthermore, housing in the Crystal River Valley
has been found to be non-exclusionary. Current market conditions
in the Crystal River Valley indicate that the proposed lots would
be sold for approximately $25,000.00 to $30,000.00, and therefore
within the price range of local employees.
Respectfully submitted,
SACHS, KLEIN & SEIGLE
B ~~~-~ ~-
Herbert ein
207 N. Mill Street
Aspen, Colorado 81671
(303) 925-8700
Attorney for Ray Fender -
Applicant
-3-
ti
~ ACCESS EASEMENT
~.
1~Q~~Fr....-.
f~.r\I ki~..e jj
An access easement located in the Nwl/4Nw1/4 and the NE1/4NW1/4
of section 9, Township 10 South, Range 88 West, 6th Principal
Meridian, Pitkin County, Colorado more particularly described
as follows;
BEGINNING at a point on the Southerly right-of-way line of
State Highway No. 133 whence the witness corner for the common
corner of Section s 4,5,8 and 9 bears North 53°04'35" West,
724.71 feet; THENCE along the Easterly boundary line of Lot
1 of E1 Rancho Deluxe Subdivision as recorded in the Office of
the Pitkin County Clerk and Recorder the following courses;
South 16°53'00" West, 24.65 feet; South 27°23'30" West,
30.00 feet; THENCE leaving said boundary line North 65°57'48"
West, 16.35 feet to the Southerly boundary line of State High-
caay No. 133; THENCE along said Highway boundary~'line North
39°29'00" East, .56.44 feet to the POINT OF BEGINNING containing --
0.012 acre more or less.
MEMORANDUM
TO: Board of County Commissioners
FROM: Richard Grice, Planning Office
RE: Fender Exemption and Special Review
DATE: October 11, 1983
This application proposes to replace five mobile homes, located on a
2.6 acre parcel in the AF-2 zone district, with three single family
residences and to subdivide into three parcels with a common area.
The property is located about two miles north of Redstone between
Highway 133 and the Crystal River.
The application is filed under Section 7-1.4, "Changes of Non-conforming
Use", which reads as follows:
"A non-conforming use may be, upon approval of a special review
use application under Article 3 or Article 5, changed to a same
or more restrictive classification according to the provisions
of the zone district regulations of the Pitkin County Land Use
Code, although remaining non-conforming; provided, however, that
all other provisions of this Article 7 shall apply to the new
use. Any relevant time periods hereunder pertaining to the old
and new conforming uses shall be cummulative."
A subdivision exemption is requested under Section 4-2.2(a)(6), which
permits exemption from the definition of subdivision for any division
of land which:
"is for the purpose of subdividing fully developed lands under
existing zoning or zoning in effect when the development occurred
(even though resulting lots and uses may be non-conforming) if
the development was done in conformance with the law at the time
and not done (without subdivision approval) to avoid subdivision
(or other land use) regulations."
The five mobile homes were, according to the application, established
on this property between 1964 and 1965, prior to zoning. Therefore,
this property is eligible for the exemption from subdivision as a
fully developed property. Two of the five mobile homes will be
removed. as a part of this approval and the three which will remain
will ultimately be replaced with single family homes resulting in a
more conforming status.
The Land Use Code requires each newly created lot to have a thirty
(30) foot access easement to the lot from a public road. The sub-
division road which will access the three lots makes an S-curve
through parts of all three lots and ultimately provides access through
the Fender's property to one other property ownership, that of Charles
E. and Eunice K. Kern. The Kerns have an easement for the use of the
road "in place" (i.e., an easement for the 20 foot road surface in
place).
The applicant's representative argued before the P&Z that a thirty
foot easement following the S-curve through this 2.6 acre parcel
would reduce the buildable area of Lot 3. Furthermore, the legal
access requirements could be met by the dedication of a 30 foot
right-of-way only for that portion of the road in place between
Highway 133 and the proposed boundary between lots 2 and 3. The road
up to that point connects to all three lots. A 20 foot access easement
for the road in place beyond the proposed boundary between Lots 2 and
3 provided adequate physical access in the past and we feel that it will
be adequate in the future to accommodate the fully developed existing
density which is served by the road. An additional 5 foot set back
MEMO: Fender Exemption and Special Review
October 11, 1983
Page Two
for all buildings from the edge of the road surface should be adequate
to prevent encroachments to the access road.
Set back variances from the twenty (20) foot set back requirement are
requested for the easterly side of Lot 3 and the westerly side of Lot
1. Set backs of ten (10) feet are requested in each case to permit
the utilization of the best building sites. In each case, we find
the variances requested appropriate and recommend their approval.
There are no geologic conditions which would adversely affect the
developability of the three lots. Soils are adequate for conventional
septic tanks and absorption fields. However, as a precaution, Bob
Nelson recommended the dedication of additional common area to be
available in the event of septic failure on any of the lots. Bob
suggested an area located within the first curve and above the building
sites.
The water supply is proposed to be provided by an existing well. The
well was permitted by the State Engineer's Office in 1970 and will
serve all three lots. Easements for the water lines as well as for
power lines are already in place.
Bob Nelson requested that the plat indicate a 100' radius around the
common well and around that of the Kerns on the adjacent property
which will be prohibited from use for septic systems. Proper water
storage facilities will require the installation at each house of a
500 to 1000 gallon storage tank or the installation of a single tank
at the well site of 2000 gallons. Bacteriological water quality
tests have been checked and found adequate. A chemical quality test
should be run as a condition of this approval.
Planning Office and Planning and Zoning Commission Recommendation
The P&Z considered this application at their regular meeting on
September 6, 1983, and recommended approval subject to the following
twelve conditions:
1. A chemical quality test shall be run on the well to determine
compliance for contaminant levels of all state mandated
chemicals in the drinking water regulations, including:
arsenic, barium, cadmium, chromium, lead, mercury, nitrate,
selenium and silver.
2. Prior to the issuance of building permits for the replacement
of any mobile homes or for the construction of a residence
on the vacant Lot 1, water storage tanks shall be installed
at each house of between 500 and 1000 gallons, or a single
storage tank will be installed at the well site of 2000
gallons to serve all three houses.
3. The subdivision exemption plat shall indicate a 100' radius
around the common well and around the Kerns' well on the
adjacent property to indicate areas within which septic
systems will not be permitted.
4. The subdivision exemption plat shall indicate the dedication
of that area within the first curve and above the building
sites as common area available for use by all three lots
for installation of septic tanks and absorption fields.
5. An access easement thirty (30) feet in width, from Highway
133 up to the boundary between Lots 2 and 3, fifteen (15)
feet either side of the center line of the road in place
shall be established and reflected on the subdivision
exemption plat.
MEMO: Fender Exemption and Special Review
October 11, 1983
Page Three
6. No building permit shall be issued for a residence on Lot 1
until the trailer committed to be removed from Lot 3 is, in
fact, removed.
7. Two other trailers on the property which were indicated in
the submission "to be removed" (one located in common area
and the other on Lot #2) shall be, in fact, removed within
six (6) months of the date the Board of County Commissioners
approval of this application.
8. A ten (10) foot side yard set back will be permitted for
the easterly side of Lot 3 and for the westerly side of Lot
1.
9. No building permit shall be issued for Lot 3 until both
trailers located on this lot have been removed.
10. Purchasers of all or part of this property shall be made
aware that expansion of Mobile Homes is not permitted
without Special Review approval, however, non-structural
repairs and/or maintenance may be made without special
review.
11. Notwithstanding set back requirements, no buildings will be
permitted within 5 feet of the road surface.
12. The applicant shall prepare a subdivision exemption plat to
be approved by the County Engineer prior to recording.
ilk
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`'"~ ASPEN*PITKIN "~~
ENVIRONMENTAL HEALTH DEPARTMENT
MEMORANDUM
TO: Richard Grice, Planning Office
FROM: Bob Nelson, Environmental Health Officer~Fm ~~
DATE: August 15, 1983
RE: Fender Exemption and Special Review Application
This office has reviewed the referenced proposal for
compliance with the water supply and sewage disposal
requirements of the Pitkin County Land Use Code.
Alater is to be supplied from a well of adjacent sanitary
construction. The reported yield is 10 gallons per minute
which is adequate for a three house system if proper storage
facilities are provided at each house utilizing 500 to 1,000
gallon storage tanks or a single tank at the well site
of +2,000 gallons. Bacteriological water quality was
checked two years ago and met State standards. A chemical
test to determine compliance for contaminant levels of
inorganic chemicals should be run. This test should include
all State mandated chemicals in the primary drinking water
regulations: arsenic, barium, cadmium, chromium, lead, mercury,
nitrate, selenium and silver.
On-site wastewater disposal system of a conventional nature
probably can be constructed on the two remaining lots 2 & 3
which currently have systems which are undersized and too close to
the wells in the area. As shown by the enclosed sewage disposal
permit £or lot 1 the soils are considered suitable for septic tank
installations. The existing system on lot 1 can be used for
a two or three bedroom house replacing the trailers.
The one problem with the wastewater disposal involves the
required minimum horizontal distances from wells of 100 feet.
With the well shown and a nieghbors (Kenn) well which is
adjacent but not shown on the plot, the on-site wastewater
absorption fields must be located uphill from the probable
building sites. We would recommend that either some common
area to the west be reserved as a sewage easement, or that specific
building envelopes with preselected sites for the sewage
absorption fields be detailed on the final plat.
BN/cp
cc: Herb Klein
130 South Oalene 9traet Aspen, Colorado 81611 303/925-2020
pitkin county
506 east main street
aspen, Colorado 81611
M E M O R A N D U M
T0: Richard Grice
FROM: Ron Thompson ~,`
DATE: August 11, 1983
RE: Fender Exemption Special Review
The following comments are offered on this application:
A) The applicant should present a plat as described in the
Code 6-5. This plat contains unnecessary information and
not all necessary information.
B) Please show 100 year floodplain of Crystal River.
C) Is there an access easement to Hwy. 133?
D) Hwy. 133 should be surveyed in relationship to property.
E) Driveway shall meet County driveway standards.
F) Does Kern have access easement through property?
G) There is no building setback on Lot 3 along driveway.
H) The building setback on Lot 2 along the driveway is not clear.
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MEMORANDUM
TO: County Attorney, Wes Light
County Engineer, Ron Thompson
Environmental Health, Tom Dunlop
Holy Cross Electric
PLANNER: Richard Grice
RE: Fender Exemption and Special Review Application
DATE: August 2, 1983
Attached is an application submitted to subdivide 2.6 acres of
land located in the Crystal River Valley and zoned AF-2 from
a non-conforming mobile home use into three single family homesites.
Special review is requested for the change from the current non-
conforming use to a conforming single family use.
Please review the application and plat, and return your comments
to the Planning Office by August 22 so that we may prepare for its
presentation at the County P&Z on September 6.
Thank you.
INDEX
Exhibit No. Document
1. Application Form
2. Letter from Attorney Certifying
Ownership and Legal Description
3. Adjacent Property Owners
4. Map of Adjacent Parcels
Figure Map Description
7. Site Plan - Including Topography,
Proposed Parcels, Easements,
Existing Improvements, Common Areas,
Acreage, Zoning, Roads, Utilities,
Setbacks.
~>
JEFFREY H. SACHS
HERBERT 5. KLEIN
JON DAVID SEIGLE
JAMES H. DELMAN
B. JOSEPH KRAeACHER
RICHARD J. DELACENSERIE'
NANCY J. DELACENSERIE'
'A OMITTED IN WISCONSIN ONLY
HAND DELIVERED
SACHS, KLEIN 8z SEIGLE
PROFESSIONAL CORPORATION
ATTORNEYS AT LAW
201 NORTH MILL STREET
ASPE N. COLORADO 81611
August 30, 1983
Richard Grice
Pitkin County Planning Office
130 South Galena Street
Aspen, Colorado 81611
TELEPHONE
1303) 925-e ]00
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Re: Fender Exemption
Dear Richard:
I have had
county engineer
various issues
commitments may
special review:
a chance to talk with Ron Thompson, assistant
to resolve his concerns. With respect to the
raised, on behalf of the applicant, the following
be added to the application for exemption and
1. An easement for access from State Highway 133 to the
property will be obtained from the owner of the adjacent
parcel known as Lot 1, E1 Rancho Deluxe Subdivision. This
easement will run along the Fender property line for
approximately fifty feet and connect directly with the
Highway 133 right-of-way. This easement is located in the
vicinity of the existing access road.
2. The interior access road is presently approximately
twenty feet wide and shown in this width on the exemption
map. Ron Thompson was concerned with driveway standards for
this roadway and has agreed that twenty feet is a sufficient
width. The code requirement for a thirty foot width is for
an access easement to the property from a public road. The
thirty foot width requirement does not apply to driveways or
to the access road once it is inside the applicants
property. As mentioned in paragraph 1 above, an easement of
at least thirty feet will be obtained from Highway 133 to
the subject property.
3. The exemption map to be submitted for recording will
contain the standard certification and dedication language
as will appear on final plats for subdivision applications.
The map submitted conforms with Section 4-2.3(a)(2) of the
Code. I believe this map is suitable for presentation to
the Planning and Zoning Commission and the Board of County
Commissioners for their consideration of the exemption
_. ,
Richard Grice
August 30, 1983
Page Two
application. Once those approvals are obtained, as
previously stated, a fully certified plat map will be
submitted for engineer and/or county attorney review and
county commissioner approval prior to recording.
4. The final plat map will show areas lying within a 100
foot radius from the neighboring Kern well and from the
existing Fender well. No septic systems or leachfields will
be permitted to be placed within these areas. I believe
that this will satisfy the county sanitarian. These maps
will also precisely locate each of these wells.
5. Mr. Kern, Fender's neighbor has an existing access
easement and agreement through the Fender property. i am
obtaining a copy of that agreement and will forward it to
you upon receipt.
6. With respect to Ron Thompson's comments not
specifically previously addressed as set forth in his August
11, 1983, memo, the following should apply: Ron has agreed
that the 100 year floodplain need not be shown on the map;
Highway 133's right-of-way is shown on the plat map in
relationship to the property; the setbacks on Lots 2 and 3
are shown with respect to setback from the property line as
required by the Code. Ron has agreed that the Code does not
require setbacks from the driveway to be shown.
I will have a map showing the location of the Highway 133
access easement available at the Planning and Zoning Commission
hearing next Tuesday, September 6. Hopefully, I will have
received an executed easement by that time. However, in any
event, the application should be processed with the final
execution and recordation of said easement as a condition to
approval.
If you have any questions, please do not hesitate to contact
me. Thank you very much for your cooperation.
Very truly yours,
SACHS, KLEIN & SEIGI~,'
Herbert Klein
HSK:bsr
cc: Ray Fender
~'~NDER REAL'T'Y'
& ASSOCIATES
0223 ST. HIGHWAY 133 • CARBONDALE • COLORADO 81623
' 3031963-2529
11 ~ CG fs' RMr~ 963-1700
September 4, 1985
Pitkin County Commissioners
and Planning Department
130 S. Galena
Aspen, CO 81611
To Whom It May Concern:
Please grant me permission to move one of the trailers on
Lot #3 to Lot #1. The trailers are very close to one another
now and if moved the living conditions will be much better for
both residents.
Sincerely,
~~~
Ray Fender
Sales Associate
RRF/sn
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REA lTO R'` -~~-
See a Friendly "NATIVE OF COLORADO WEST" /or all your real estate needs
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Aspen triangle"
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DECLARATION OF COVENIWTB FOR FENDER 6UBDSVi;iOt~ m ~ V
MI1'NP~SBETH Lhia Dec-~ereiion exroa•teA this ~,~ ~~
A,yUf , 19q~lDy Ray Fendrr Iherelna t z feted to N
as c ors t , the owner of tt,e zeal progrty kaa~ amender
7ubdlvision according to the recorded plat map thereof recorded
st Plat Book Paga _ of the records of Pitkin County
(hereinafter referred to a 'Plat').
NHEREAB, Declarant tas laid oui end platted three lots
Iherelnafter referred to sa 'Lot' or °LOts'1 together with a
common area ea set forth in the Plat enC desires to set forth the
ierma and conditions for tt.e use of ce rteln portions of the
property descrl6ed on the Plat according to the forme
hereinsfter.
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1. Road Maintenance. The access road shown on the Plet
shall be mainta new, repeirrd, improved and kept free of snow as
oecescery for the safe end convenient vehicular attars to the
Lots. The owners o! the Lota shell share equally iv the coat o!
said maintenance, repairs, Smprovecents and anovplwiny Any
Drees shall have the right and authority tp sequins said
mnintanaru, improvements, repairs end soovploring to be
undertaken provided same are of a routine nature. Ih the went
enp awjor maintenance or repairs to the road are aeceseary, major
being herein defined a^ costing in ezceu of One thousand [rollers
(;1,000.00;, tl,e vrittea authorisation of tM oraers of tw of
tAa Lots shall W rtquired belore saidezgnditures era
undertaken. .. - . r
Decla-ant hereby assigns to tbs Lot owners the beneflta and`
burdens of that caztnin Easement Agreaarnt of Nay 26, i7q _
beasan Declarant and CRarles [. sernt • trw copy a[ ohicA is;Y
attached hereto at Ezhlblt A .te ,.`•. .~ n;; ~0.~,
2. Nall end Kat~ar 6 tea Declarant ia~~tbe gr=itee ~~~
wll gnaiETor-f wFm ai oonauneted on iha .ppraparty a! ahomm
Lbe Plat Nitbia the cds.oa arN. Daclaraat;dosr hereby dsdioa.~
,.aid wll and usoulateGpigi and sgalamentto the beaatit a[ "`
the owners of the Lots for p ads of ati ttater~aN
the ovnsra ol~tM Lots shill abets eCaiiTly 1a tll~~costs ~~~
aasoriatsd with the malaLaaaba, reglz sad ssplacwnt of tba ~',~a'
wll and its related improvanehts SncludLnOqq all pipiat alectrioal
coanectiono, pne>ps, storeys fuilitia3, wli structutay r'~+i
Iwildlags, sta.: of svsrryy kind ..and aescriptiac`ascsssary !o; thi y-
vtillzation ofsaid wll aL8 puipment. Eaeh'Lot avoer shall .n•:
nappoonsiDlefoz attending .to tLs .aiatenanoe~"rspair~=wpd~•a• ,
rspleumsnt cf sa18.Ne11. and i~~sszslaGd impLOVaaantstsqq le
of the abssace cf my other rot owner, thia.rseponatDility 1aW
D! she: ed by alt Lot ovnsra 'to''insuro ptogk'.arinbnanw duria~
the abeenee of ooe~at more of L6a ovnars„ 2n !ha avast of an
emergency requiring imeediste,hetioa by`aay.Lpt~vv+aX,~ln orMr
.- protect the rater wll, its sslatedimpropsaspb, thi`progzty~#
any Lot oamsz and/or the~t:ea?tfi and sslety Ol:xpyiot'awert ai~L
- totovnar grouts s the otber'5Got ovoers thi' ;ybt•!3f nnderta
web regirs na Nay bt necsa~ to satiety`xt #orsyoi>aq
pnzgNa._ ~ s.a ~. - ~ _.,,~' m -y°'~r Kam' ,tea a
Ia the avast any improoaarnta or_~ugo p~oent 'related to the ~~
'-water ay^tem are located upon any Lot-or Nubia any etructurs ~~'
loratad on any Lot end, Ln the event of any esergsacyrequirlnq.~
repeire or acces• to any such etruetura, the roars of each Lot
hereby grant to the other owners, their agents or employers, tbi
right to enter upon avid Lot end the Smprovaments thereon in
order to undertake any such receasazy repairs or take any -
reesoneble action necesbary to accomplish the foregoing purposes.
Any one Lot owner shall have authority to act on behalf of tAe
other Lot owners to acoomplish any such repeire, maintenance or
improvements to the well provided tine costs for same do not
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exceed One Thousand Dollar. 1>1,000.00). In the event costs for
aeid purposes exceed are Th wsanc Dollars ISI,OOL.00),-then, in
such event, tV~e written consent of the owners oC Lwo of the Lota
shall be raga _red beTOre any such improvwments ere-undertaken,
except 1n the event of nn emergency, in which ceee, any one Lo[
o..:-:a e:.e l: have full a_theri t~ to contract for said Smprovements
on behelfof th,. owners of all of the Lots regard l..^es of the
COet3 thereby incurrew.
3. Septic Svacem Easement Area. A aep[ir system easement
area is deecriEec on t e a! wit 1n the boundaries of each of
the Lota. The purpose of rhea Brea :^ for the placement of
septic systems, leach finds, abacrption syrteme end trenches,
end en_ other associated facilities for the safe and sanitary
diapostl of severe. In the event any Lot owner is unable to
construct a septic system on said owrm is Lot due to Plet
restrictions, topoq a'ephic or soils condif ions, said owner shell
be entii:ed to plsro all or any portion of ^ald septic Yystem
within the septic system eesemant area. The date rminstion of
aeid inability shall be supported by a written recoom'endation
from the Pitkir. County Sanitarian indicating ti.et said septic
synt9m eese+sent Brea shall be utilizes 'or such purposes. In the
event more than"one Lot owner requires the use of aeid septic
system easement area, the use of the area shall be sa recommended
by the Pitkin County Snnlterian with respect to sherrnq a common
system located within the easement area or installing separate
eysteya within the easement area. In the event of a :hared
system, the parties sharing seiA system shall contribute to the
cost of maintaining and repairing and the Snitiel inet.~l lotion,
if necessary, of the system on a pro rata bas L. No Lot weer
shall construct say Smgrovements other than those attendant to e
septic disposal system within the easement area.
Implementation of Maintenance Improvements or Repairs.
A. Time. Whenever any wrk, improvements, repairs or
ar•natruct on it required by say of the termc of thin Dselaration,
ar, r-ese otherwise provided for; the save shall be completed within
rixty (60) dsyys of the demand for same by any Lot owner Iherein-
efter •Lemanding Party). In the event emergency work is
necessary or with respect to snovmlowing, said work shall M
undertaken immediately. '
6. Costs. The Lot owns ra agree to pay for all costa es
they ere ancurred anA in the -etios previously set forth in this
Decleretioni provided, however, if the costa are ineurreA upo^.
the demand of onl, one party or where regp_red, by twc parties,
hereto lir,d ivlAU+.1 ly or collectively 'Demanding Party") and the
of her party(sj !ird ividnally or ccllrtively "NOn-Demanding
Party') as usable or urwalling to pay any each costa when '_ney
are incurred, the Demanding Party nay advance all funds necessary
for the payment of said co=_ta. In each event the Non-Demanding
Paa shell be obligated to rc pay his share of ail such eats
that are advanced by the De:,sanding Party, not later than sixty
~i0) days from the date said costa are paid by the Demanding
Part;. Such repayment shalt be mode together with interest on
al? sums at the :eta of two percent l28) per ani.um over the prime
1"-,ding rate of [he Chase Hanhattan Bank at its principal office
i.^. Few York on the date said sums were advanced or et the lending
rate actually paid Gy the Demanding Party for such coats if the
same ere fire nce'7, whichever a greater. Said obligation to
repay shall Le eaidenced by a promissory note executed by U.e
Non-De~^a riding Party to the order of the Demanding Party or any
lender desigcated by the Demanding Party end shall provide far
de`au/t interest at the rate of three percent (38) per annum ever
the rate of interest on the note and zeasoneble attorney's fees
in the event of any action :.e cessary to enforce the terms of said
note. If successive or numerous advances are made by the
Dcrt,a ndi r.g Party, the Nun Uemanding Party shall be required to
ezecu:e successive promissory notes as may be appropriate under
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the circumstances. In addition to the foregoing, the Demanding ~
' ~ Party shell have a nigh' to place a lien cn the property of the ,
Non-Demanding Party foi the repayment of said coats et each t.mr ~,
as enid costs are paid 6y the Demanding Party. Said lien may b. ~>
^cloaed a! a mortgage anainlt chr property of th! Non-
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Demanding Party cud, 1n ed3 rtfon to the casts to De repaid to -
- Demanding Party, the Demanding Party shell be entitled to all ~~-
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, ~ reasonable attorney's fees end costs of foreclosure of said lien Ct>~ y
i at the time of sale u'.i foreclosure of enid property oz upon l
sooner payment.
~ If nny such promissory note lel referred to above is not paid
in addition ':~ all other remedies, the Non-7emanding
when due
' ,
Party shell forfeit all-rights to use all improvements shared by
'
Lot owners and peLd for by the Demanding Party until said
the
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note ls) 1^ paid in full. In lddition, if the Non-Demendlnq Party ~
la a mnket under any promissory note owed to Declarant es L,t _.
purchase 'money for the Non-Demanding Party's Lot, then, Sn the ^~,r.
'
event of any branch of en, terms of these De cletetiona Dy said i
Non-Demanding Rarty, Declarant may deelnre s default in the terms ,
~ . of said~romiesory note and, Lf said note Sa secured by a deed of
~~ trust covering the Non-Demanding Party's Lot, then, ^ brcaaD of
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~ - these Declare tioo^ shell, in addition, be deemed a breech of the ~-.
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covenants of said deed of trust and Declarant shall have all ~
+~="e" rights of action antler said praaiasory note and/oz dead of tryst ,•~
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'- as though a default in the terms of sold note and/or deed of
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. trust hsd occurred, including rights of acceleration, default
. fee^ and otber coats of collactioa, all
interest, attorney's
,
other remedies at law or in equity. The terns of th1~ provialon
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5. ~- Declarant may have. Nothf.ng herein shall ba deemed to provide :5"
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- the Non-Demanding Party with any nigh[ of setoff against any sums
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~~ cuing to 'Declarant under s purchase money promissory Dote for tho
'~, i~, _: Non-Demsndlnq Rarty'^ Lot. ~ -
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A. Attorne+'a Paes. In the event of any litigation
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",' Y.. neeesanry to en o: ce sny provision of this Declaratioo, any Lot
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ops o
owhez may obtain inlunetive zalfet [o enforce the oblige
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~.+'-'-'~ ~ ~ any other Lot nwner end, Sn addition to nny award tbat a court
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may grunt, the preveflinq party shall .be entitled to reasona ~'
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~ B. Binding Effect. This Declaration shall ba binding epos
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• and inure t~nefit of. the heirs, successors end assigns of
~'~~~:,`... thu parties hereto.
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Covenant to Rvn. All terms of this Declaration shell be
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deemed covenants running with the lend comprised of Declarent'e Cii:
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~ - property es ehowm on the Plat and shall benefit end burden each
, parcel of property'shown thereon (Lot), the Declarant, and each
- Lot owner, their heirs, successor and assigns, all, according to
the terms of this Declaratfoa• This Declaration shall expire on
January 1, 2030, unless otherwise. amended.
D, Notices. All notices, demands and communications
~
~• hereunder shall-be served or given.to the respective ,Lot ownera
et their respective addresae r, ahovn on the treasurer's roll fpr ~,},
pzcperty' !axes of ,the Treasurer of Pitkin Ccunty~ Colorado. Any
'
- ~ notice, demand or communication ahall'be, given by personal E
delivery or certified mail, ;~o stnge prepaid thereon, and unless F
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swner, shell be deemed received flve•(5) days after the date {
' of mailing.
E. wmendment. This Declaration meY be amended by written
~ consent oi'-Ta I-o7 the Lot owners and the Bonrd of County
' Commissioners of Pitkin~COUnty. An instrument setting forth any
. such amendment shall be 'Sled with the clerk end Recorder for
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;- Pitkin County, Colorado. ~ _ ..
.'+.~- IN :IZTNL65 NRSRFAr, Declarant sets hie hsnd the daq and year
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Bubacribed snd avorn to before a in the County o!
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State of Colorado, thfs,~+~~ day of ~ 0~~~~.:; ~.
by Rey tender. - _ .
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' Color,do Red Eel,te Commiaeian (SC ZO-R-sD
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~ THIS IS A 1F611L INSTRUMENT. IF NDT UNDERSTOOD, LEBAI, TA%OR OTHER COUNSEL SHOULD BE CONSULTED BEFORE SIBNINB.
RESIDENTIAL
CONTRACT TO BUY AND SELL REAL ESTATE
(Seller's remedy limited to Liquidated Damages)
3uly 18.
1. The undersigned agent hereby acknowledges having received from Robert F. Bowl i
larv B. Bowling thr snm nfA 2,ODD. DD
is 85
the form of
a check ,to be held by Fender Realty & Associates !,j
broker, in broker's escrow or trustee account, as earnest money and part payment for the following descri ed real !~
Pitkin Lot One ~1)
estate in the County of Colorado, to wit: '
FENDER SUBDIVISION, located in NW; NW;, and the NE4 NW;, Section 9, T IDS, R 88W i
of the 6th P. M. together with one-third (1/3) interest in the common area and the'!,
domestic water well located on said common area. I
'I together with al] improvements thereon and all fixtures of a permanent nature currently on the premises except as
hereinafter provided,in their resent condition, ordinary wear and tear excepted, known as No. 0092
Irwin Drive, Carbonda'~e, Colorado 61623 ,and hereinaftercalled the Property.
]Street Address, City, Zip)
2. Subjectto the provisions of paragraph 17,the undersigned person(s) Robert F. Bowl i ng dnd
'~ Mary B. ROWI 7 ng (as joint tenants/~~r~~~~1`Y'T~1f~,
hereinafter called Purchaser, hereby agrees to buy the Property, and the undersigned owner(s), hereinafter called
~' Seller, hereby agrees to sell the Property u on the terms and conditions stated herein.
3. The purchase price shall be U.S. $ ~4+500. OO payable as follows: $ 2, OOO. OO hereby receipted for;
'.'',$4,000.00 plus customary closing costs at closing. Purchasers shall execute
their note, which shall be secured by a deed of trust in favor of sellers on
'subject property for $28,500.00 bearing interest at the rate of 12% and payable
din 60 equal monthly installments of $633.97 including principal and interest.
j~Said note shall contain a clause allowing prepayment in any amount at anytime
';without penalty.
'Purchaser shall have the right to pre pay any amount on the principal of $1000.00
Igor more on any payment date at which time a new payment schedule will be put in
'ito effect showing the reduced principal amount which will reduce the monthly
Ipayments.
4. Price to include any of the following items currently on the Property: lighting, heating, plumbing, ventilating,
and central air conditioning fixtures; attached TV antennas and/or water softener (if owned by Seller); al] outdoor
plants, window and porch shades, venetian blinds, storm windows, storm doors, screens, curtain rods, drapery rods,
attached mirrors, linoleum, floor tile, awnings, firep]ace screen and grate, built-in kitchen appliances, wall-to-wall
carpeting
One 1959 Hicks Mobil Home, Serial Number E116155
all in their present condition, conveyed tree and clear of all taxes, liens and encumbrances except as provided in
paragraph 11; provided, however, that the following fixtures of a permanent nature are excluded from this sale: NOne
' Personal property shall be conveyed by bill of sale.
5. fan w to n is t be obtai d by/ItPure aser fromin th~rd p~rty, urc ase;/agr to pr mpt] ~ an dili ntly a)
apply r su h ]o n, (b exec /tea docYmen s and'furn~sh aI] ingq77nnrma ion ~nd d/ocu nts r uire by t e ]e der, nd
(c) pa the usto ary osts/("pf ob aini~g suc/ ]oa ~ The ifs/uch 1(~an i not ppr ve o or be ore ,
19 , or - so pro d b R is n t av /2ilabl¢ at tie of Host/hg, t Ihs co tra sh 11 b n 11 an void nd a pa}~nen and
thi s of alu rece~ ed reu der hall e real///rne Ito Porch ser. ~ l
6. If a no a an tru t de d or ort age ~s to ~e as/sum d, P rch ser grees!to ap ly fo a ]o n a sum tion//6,('f
re uire an ogre s to ay O a lo~ tr nsfe fee 'ot t6 exc ed $ nd ( ) an~nter st r~Ce
t to eee pe'r~~`/` nnu . If t e 1 / n t be a sum d h§/ s pr vrrtsions or a s are equ y or ari$I le
' ter t ra es or vari!q le gym ts~is c ntra t is~n~tion d up n~rcl) sRr rev ewin and cons~nti to ~Uch
prov' ions ]f t len9er's ons t to loa assq ptJ'//on t req fired this con3rad/t is c nditi Wed pon bta-Wing uch
con nt w thou charge i the erm and nditi/ons Af su h to n ex ept s heYei~ pro ided.
7. If a note is to be made payable to Seller as paztial or full pay men[ of the pm~chase price, this contract shall not
be assignable by Purchaser without written consent of Seller.
L __ _. _- __ ___-_.__ ___~
No. SC-20-2-81. enmr,rt to any .na sea Red eetae IRe.idemi.n. _ Rr.arora enhh.h~na cn.,
5X?5N'.6th Ave..I-ekex~ood, Cnlor,do RO?1J-IAO3i 2336900-Y-XI ~~
8. Cost of any appraisal for loan pm~poses to be obtained after this date shall be paid by PU rC hd Ser. ~'~
9. NU'W6['6EJoff~i't!a'~~tI~E~Ef~~st'l~~d~YtY~fe~~~~611''~RR~~a current commitment for title insurance policy in an
amount equal to the purchase price, at Seller's o~~~~~fl*W expense, shall be furnished to Purchaser on or before
August 20 ,ls$`~.If~>fEd~fEuE1l'dtGf,f,~~fEE~~,~~4/e~dEg4kdd~/o6/~lf~EdrEseuerwin
deliver the title insurance policy to Purchaser after closing and pay the premium thereon.
10. The date of closing shall be the date for delivery of deed as provided in paragraph 11. The hour and place of
closing shall be as designated by Fender Re~t~L&_AS80~eS
11. Title shall be merchantable in Seller, except as stated in this paragraph and in paragraphs 12 and 13. Subject'
to payment or tender as above provided and compliance by Purchaser with the other terms and provisions hereof,
Seller shall execute and deliver a good and sufficient general warranty deed to Purchaser on
September 12 , 19 85 , or, by mutual agreement, at an ear//tier date, conveying the Property free and
clear of all taxes, except the general taxes for the year of closing, and ~Ept/ ,
free and clear of all liens for special improvements installed as of [he date of Purchaser's signature hereon, whether
assessed or not; free and clear of all liens and encumbrances except eX75t1 ng llen encumbering subject pr
perty in the principal balance of $16,740.13 dated July 8, 1980 and recorded as doc
N225331 in Book 391 at page 681 which Seller shall remain responsible for and agreE
ss ~rovidead on old note.
e1ft~PeSS and egr°es~'pd5 appeareon f°recor~~one, electricity, water, sanitary sewer, and easements for
except the following restrictive covenants which do no[ contain a right of reverter: reCOrded d5 document n0.
256792 in Book 459, page 855 through 858.
and subject to building and zoning regulations.
12. Except as stated in paragraphs 11 and 13, 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 correct said defect(s) on or before date of
closing, at Seller's option and upon written notice to Purchaser or Purchaser'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 at the time of settlement from the proceeds of this
transaction or from any other source. Provided, however, at the option of either party, if the total indebtedness
secured by liens on the Property exceeds the purchase price, 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.
14. General [axes for the year of closing, based on the most recent levy and the most recent assessment, prepaid
rents, water rents, sewer rents, FHA mortgage insurance premiums and interest on encumbrances, if any, and
shall be apportioned to date of delivery of deed.
15. Possession of the Property shall be delivered to Purchaser on delivery of deed.
subject to the following leases or tenancies: NODe
~ If Seller fails to dl Ov Opossession on the date herein specified, Seller shall be subject to eviction and shall be liable for
a daily rental of $ U until possession is delivered.
~ 16. In the event the Property shall be damaged by fire or other casualty prior to time of closing, in an amount of
~ not more than ten percent of the total purchase price, Seller shall be obligated to repair the same before the date
herein provided for delivery of deed. In the event such damage is not or cannot be repaired within said time or if the
'~ damages exceed such sum, this contract may be terminated at the option of Purchaser and all payments and things of
' value received hereunder shall be returned to Purchaser. Should Purchaser elect to carry out this contract despite
j such damage, Purchaser shall be entitled to all the credit for the insurance proceeds resulting from such damage, not
~~ exceeding, however„the total purchase price. Should any fixtures or services fail between the date of this contract
i and the date of possession or the date of delivery of deed, whichever shall be earlier, then Seller shall be liable for the
~. repair or replacement of such fixtures or services with a unit of similar size, age and quality, of an equivalent credit.
17. Time is of the essence hereof. If any note or check received as earnest money hereunder or any other payment
~ due hereunder is not paid, honored or tendered when due, or if any other obligation hereunder is not performed as
'i ~~ herein provided, there shall be the following remedies:
~, (a) IF PURCHASER IS IN DEFAULT, then all payments and things of value received hereunder shall be
forfeited by Purchaser and retained on behalf of Seller and both parties shall thereafter be released from all
~, obligations hereunder. It is agreed that such payments and things of value are LIQUIDATED DAMAGES and
'i~ (except as provided in subparagraph (c)) are the SELLER'S SOLE AND ONLY REMEDY for the Purchaser's
failure to perform the obligations of this contract. Seller expressly waives the remedies of specific performance
I'i I and additional damages.
(b) IF SELLER IS [N DEFAULT, (1) Purchaser may elect to treat this contract as terminated, in which case
all payments and things of value received hereunder shall be returned to Purchaser and Purchaser may recover
such damages as may be proper, or (2) Purchaser may elect to treat this contract as being in full force and effect
i
and Purchaser shall have the right to an action for specific performance or damages, or both.
(c) Anything to the contrary herein notwithstanding, in the event of any litigation arising out of this
II contract, the court may award to the prevailing party all reasonable costs and expense, including attorneys' fees.
18. Purchaser and Seller agree that, in the event of any controversy regarding the earnest money held by broker,
i unless mutual written instruction is received by broker, broker shall not be required to take any action but may await
I
any proceeding, or at broker's option and discretion, may interplead any moneys or things of value into court and may
~, ~ recover court costs and reasonable attorneys' fees.
ment
to pay
N e ...t•r+. ':~.~ ,',r;.,-.:fit
19. Addition provisions: Purchaser shall provide insurance on mobil home with a loss j
'iclause paya~~e to Seller in the amount of $7,500.00 until purchase price is paid in~full.
Purchaser acknowledges receipt of copy of Protective Covenants as herein
I:I'attached.
Seller shall provide, have installed on or before closing, and pay the costs of
Ithe following items at a building site on subject property as mutually agreed upon I',
"~by both parties:
(1) A County approved septic tank shall be installed at site location. 1000 6a1.
(2) Domestic water line shall be installed to building site from existing
water well and system. One inch plastic line.
(3) Electricity shall be brought to building site. 200amp service.
(4) Mobil home shall be moved to site location.
This contract and the above provisions are specifically contingent upon Seller
'securing Pitkin County approval to move mobil home by September 30, 1985.
In the event Pitkin County's approval to move the mobile home from Lot
3 to Lot 1 is received later than August 1, 1985, all dates may be delayed
30 days if required by Seller to perform his obligations under number(19) Additional
,Provisions of this contract.
20. If this proposal is accepted by Seller in writing and Purchaser receives notice of such acceptance on or before
19, this instrument shall become a contract between Seller and Purchaser and shall
i yore tot efit of the heirs ecess nd assigns of such parties, except as stated in paragraph 7.
Broker SENDER REALTY & ASSOCIATES
`RtlStier F. Bowling ne`° /?//~ ~~
P°r` 1`y B B wling Da`e Ray ~. Fender
Purchaser's Address - '
(The following section to be completed by Seller and Listing Agent) '~.
21. Seller accepts the above proposal this day of ,19-,and agrees
to pay a commission of % of the purchase price for services in this transaction, and agrees that, in '
' the event of forfeiture of payments and things of value received hereunder, such payments and things of value shall '
'. be divided between listing broker and Seller, one-half thereof to said broker, but not to exceed the commission, and the
'. ~, balance to Seller.
~~ ~ `~ - .~~1 _
'. Seller ~- Seller
~ Seller's Ad ress -- ---
' Listing Broker's Name and Address ~~ ~~~
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FINAL PLAT ~ ^~, : ~, i ~ .
FENDER SUBDIVISION
~-~~~~~~~ LOCATED IN THE NWI/4NW1/4 AND THE NEI/4NWI/4, ~ r-„~~~ ~>~'
OF SECTION 9, TOWNSHIP 10 SOUTH, RANGE 88 WEST, L _~
61h. PRINCIPAL MERIDIAN, PITKIN COUNTY, COLORADO. ~ ~
2:05 P
Recorded at ~~GtDC~
Reception No. y~ -
July 14 1980 ~'ri~Jl i'::U~~
IiI~IT A
THIS DEED, Made this 8th. day of July
19 80 ,between P1ICHAEL E. DENNIS and
DEANNA L. DENNIS
of the said County of Garfield and State ofColo~
rado, of the first part, and RAY R. FENDER
whose legal address is 2286 106 Road, Carbondale,
Colorado 81623 ,
of the said
RECORDER'S STAMP
STATE UOCUMERTARV FEE
,lUL 141980
s ----~~ ~ "~~
D°c Q
County of Garfield and State of Colorado, of the second i
part;
W ITNESSETH, That the said parties of the first part, for and in consideration of the sum
of Ten dollars and other good and valuable consideration .
, Dollars,
to the said part 1 eS of the first part, in hand paid by the said party ~ of the second part, the
receipt whereof is hereby confessed and acknowledged, ha s granted, bargained, sold and con-
veyed, and by these presents do e5 grant, bargain, 'sell, convey and confirm unto the said
party of the second part, h i S heirs and assigns forever, all the f~1Jg~jtfg' p,~~¢~ppp
lot or parcel of land, situate, lying and being in the Sdi d County of Pi tkl n
and State of Colorado, to wit:
Described in Exhibit "A" attached hereto and incorporated herein,.
This conveyance is made subject to the existence of the lien of a Deed of
Trust dated July 8, 1980, recorded as Document Numbera~l5 3"3 / in Book 3y
`' at Pag~~f/of the records for Pitkin County, Colorado, which secures payment
of the Promissory-Note referred to therein the present balance of which
A 1 Grantee expressely assumes and agrees to pay.
also known as street and number 15476 State Highway 133, Carbondale, Colo. 81623
Together with all and.singular the hereditaments and appurtenances thereunto belonging, or in
anywise appertaining, and the reversion and reversions, remainder and remainders, rents,
issues and profits thereof; and all the estate, right, title, interest, claim and demand whatsoever,
of the said part'Ie5 of the first part, either in law or equity, of, in and to the above bargained
premises, with the hereditaments and appurtenances; TO HAVE AND TO HOLD the said
premises above bargained and described, with the appurtenances, unto
Ray R. Fender the said party of the second part, hl s
heirs and assigns forever.
And the said Michael E. Dennis and Deanna L. Dennis,
parts es of the first part, forthenselves their heirs, executors and
administrators, do covenant, grant, bargain and agree to and with the said party of the
second part, hjs heirs and assigns, the above bargained premises in the quiet and peaceable
possession of said party of the second part, his heirs and assigns, against all and every
person or persons lawfully claiming or to claim the whole or any part thereof, by, through or
under the said parti es of the first part to WARRANT AND FOREVER DEFEND.
IN W ITNESS WHEREOF, The said parties of the first part ha ve hereunto set thei r
hands and seals the day and year first above written.
Signed, Sealed and Delivered in the presence of Michael E, enni s --[SEAL]
- SEAL]
/ ~ i
1;' ~. - ,~ /,°_ ~~~, [SEAL]
STATE OF COLORADO, eanna L. Dennis "`~;
ss. ., "_
County of GARFI ELD ~ ` ~ `" _
The foregoinginstrument was acknowledged before me this 8th day of J51y •;\1.~ ~~~ ~~^ _
,s 80 ,by Michael E. Dennis and Deanna L. Dennis --'",
My commission expires /O/3 ,19 S3 .Witness my hand and official seal „~%'
...,.,,a .rr r~ee~.
- ~ n
No. 16 SI'ECUL WARRANTY DEED.-Br.Eford Publi•hin[~~.78Yb~85tout street, Denreq Colm.do f67J-6011)1 Lt7 .9,jl,4~
~ ,U
. ' ~3~1 .,._. G84
SPECIAL
"EXf~IBTT A" TO/4~RRANII' DEID DATID JOI'Y 8, 1980 BEI4~Q~ I"IICFIIIII~ E. DFSII~TIS
AND DEAI~INA L. DE[~INIS GRAIdil3RS, AND RAY R. F~9DER, (~2ANI~E.
l
!•
A tract of land situated in the NNW: of Section 9, Township 10 •
South, Ranae S8 19est of the Siath Principal I•;eridian, Pitkin County,
Colorado, described as follows:
Beginning at a point r.•hence the j•litness Point to the Northwest
corner of said Section 9 bears N. 53°93' W. 962_05 feet;
thence S. 73°37' E. 2`15_00 feet to a point in the center of the
Crysta
thence
thence
thence
thence
thence
1 R
S_
N_
N_
N_
N.
aver;
32°55'30"
85°56' t9.
57°00' W_
27°23'30°'
16°53' E.
W_ 100.03 feet along the center line of said river;
337.10 feet;
123_19 feet;
E_ 184.96 feet;
28.16 feet;
thence N_ 39°O1 E_ 111.60 feet to a point on the Easterly right-of-
way line of State Highway 133;
thence N_ 52°11' E. 20_51 feet;
thence S. 73°23' E_ 279.28 feet;
thence S_ 49°23'30" {4_ 221.OB feet to the point of beginning.
CO J:4 T' Or PITi:Ii~
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Section/Parcel
I.AHD U:,E APPLICAI'IOIJ 1'OI:Ft DATE SUBAII'1'TED
TO BE COP:PLETEU BY APPLICANT:
NANI% Rav R Fanrlar
_- ~
nuDlucss c/o Herbert Klein 201 N. Mill St: Aspen, CO 81611
PIlOtlE 925-8700 '
11tN;I: OP PROJECT Fender Exemption and Special Review
PROJECT LOCATIOtt: (On attached sheet, locate on zoning nap, showing boundaries
of any natural hazard and resource areas, any other special
regulatory districts, Section S, Land llse Code; and locate
on appropriate CSU/ERA t•Iaps ary areas not- covered by the
above.)
TOTAL AREA 2.6 acres ;) -
EXIS9'It1G USE(S) 5 mobile homes
FROPOSED USE(S) 3 single family lots
(approrimat-e square ,
footage for each)
PRESENT ZO;~It2G OF SITE A-f-2 ~ ~ '
DESCI:IPTION OF LnND USE PP.OPOSALExemptiOn fOr full
developed property to
create 3 single family lots and remove 2 existi
mobile homes. Special
r
r
review request to change nori-conforming use (mobile home) to conforming
use (single family~c]welling) See Application Summary and Exhibits attached.•
TO IIE CO:•1PLETED BY 'r'11E PliA14NING OFI'ICE
TYPP. OP AI'i•LICATTON; I21:7,ONIITG - SUBDIVISIOt7
P.U.D. EXEI-!1'TION
SPT:CTAI, ftEVIEI.1 35-acre i- SUBDTYISIC:r
u BUILDING I'EPV~IIT A.IIVIE47
RI:VII:!il 1'I]AS}i: Pr.E-.1PPT.TCn:^IOi~
GEtar•.IV,L :.uD:t:,sslow
UETA7.hED SUriP1I:,:4TON
I•'TNAI. Pr.nT
P.c. t,cTlou
BOA1J) 7.(:TIOI7
P. C. hCr70a
tionraL nc:•r)orl
I,w,tlD Arrlotl
DAT14 CO[•1PT.ETED
DATE
_--- DATC:
Dt,h'L'
_ -- DA•rE
DATL
~~E-iE~l~' 2
SACHS, KLEIN 8z SEIGLE
JEFFREY H. SACHS PROFESSIONAL CORPORATION
HERBERT S. KLEIN TELEPHONE
JON DAVID SEIGLE ATTORNEYS AT LAW 13031 9258700
201 NORTH MILL STREET
JAMES H. DELMAN
B. JOSEPH KRABACHER ASPE N. COLORADO 81671
July 15, 1983
Pitkin County Planning Office
130 S. Galena Street
Aspen, Colorado 81611
Re: Fender Exemption Parcel -
Certification of Ownership
To Whom It May Concern:
The undersigned attorney has reviewed the title records to
the real property set forth in the special warranty deed attached
hereto as Exhibit A which was recorded on July 14, 1980 in the
records of Pitkin County at Book 391, page 683 and page 684. As
of the present date, said fee title is vested in Ray R. Fender.
SACHS, KLEIN & SEIGLE
~ ~i ~
By ~ _~~ -'
Herbert S. Klein
IISK : bsr
PUBLIC NOTICE
RE: Fender Exemption and Special Review Application
NOTICE IS HEREBY GIVEN that a Public Hearing will be
held before the Pitkin County Board of County Commissioners on
Tuesday, October 11, 1983, at 10:00 A.M., in the Commissioners'
Meeting Room of the Pitkin County Courthouse, 506 E. Main Street,
Aspen, Colorado, to consider an application to subdivide 2.6
acres of land located in the Crystal River Valley and zoned AF-2
from a non-conforming mobile home use into three single family
homesites.
For further information, contact the Planning Office, 130 S.
Galena Street, Aspen, Colorado, 81611 (303) 925-2020, ext. 226.
s/George Madsen, Chairman
Board of County Commissioners
Published in the Aspen Times
on September 8, 1983
Pitkin County Purchase Order No. 23455
~. P.o.
~~.~83
~6;~~~ 3
ADJACENT PROPERTY OWNERS
Charles E. and Eunice K. Kern
2015 Stonewald
Greenville, Texas 75401
Jay P. Halliday
P.O. Box 9649
Aspen, Colorado 81612
Randal J. and David C. Parker
P.O. Box 452
Mercer Island, Washington 98040
Margie N. Peffer Beck
3675 Sabastion Circle
Reno, Nevada 89503
B. W. Bilberry and Lois Nana
15470 Highway 133
Carbondale, Colorado 81623
FINAL PLAT
FENDER
28 p•
10.0,
Rabv sYnd cqA fiund
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S1.~~3DIViSidN
LOCATED IN THE NWI/4NW1/4 .4ND THE NEI/4NW1/4,
OF SECTION 9, TOWNSHIP 10 SOUTH, RANGE 88 WEST,
6th. PRINCIPAL MERIDIAN, PITKIN COUNTY, COLORADO.
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M"~ n r alcNla:n LnOt.n Prnm
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d tract rr1 land located in the NWI/4NW I/1 and the
-na; 4NW1/1 of Secttnn 9, Township 10 Sourn., Ran.le
d8 Wrs[, 6th Principal Meridian, Pitkin Counry,
.'u Wrado, more partlcu lar ly described es follows:
beGINNING at a polo[ on the Eeaterly rignt~.:f-.ay one
Iloe of State Nighvay Nn. 131 whence [he virnrsa
•~.rrner for seetians 1,5,E and 9 of as id Tovnsh ip and
kanye beaq North 42°03'11" Waat, ]36. SE laet; THENCE
Corth 79 °OI'00" Eaet, Ill.Ee (ee[ along said riyht-ot-
s++y line Co a polntl THENCE North 52°09'l9' Eaat,
2D. SI feet; THENCE South 77°a 3'00' ^ut, 2]1.28 feet;
'f11ENCE Soucn EI°23'70"NeEC, zal.oa feet: THENCE
youth 77°77.00° East, 115.00 feet; THENCE South
_"'i5'70" Wes[, 100.03 fee[; tbrth ES°56'00" West,
11'.10 fee[; THENCE North 57.00.00° Wes[, 123.19 Eeec;
LH[NCE Z7°27'30^ Eaet, 181.46 feet; THENCE North
i6°53'00" East, 2B. 16 feet to Che POINT Of BEGINNING
onummg 2.5~_.[nsmwaw WSe naro Oylne»pnrenNlera
nuL p!m:M ind ,uabndN tM »nr into b» alra Lbcb» ,naWn rsr
:ns pbt unae.IM name irw npa al FEryOER SUBp VISION
and do MntY b4keb dl y»i e/ sry EN erwn» iEeWI.
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FENDER SUBCI VI SIGN
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P:nm COUnIY BONG
OI fwrm:tl0wq
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B. JAMES BURK . regnu'ea ~ a .nra.
~oy n I ^d.r p•ep.na ms put a FEND~~
~SUBIN VI}IdN Inrl lnr for N,on ollM nutrrM
]dIY..IJS dnm Dlttl'CilullS irf XCYla»IyiM:NIKII, Sr,JWn
n man~r.a~re art w>N tin tmla tw»ytaM lnrllM ptnrO Cr
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' ,. , ,, FENDER SUBDIVISION
I_~_ ~. _.."_. _ DD.
1021-69
.r,.. a.
RAY FENDER
0223 STATE NWY 133
CAR60NDALEe CO. 618
,nl V,,
h,.
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274~'N UTILITY EASEMENT- _ ~ . !
j ~ R: 1956 •2j'WE ~~ ~ - _~ ~,
//~If!I ! : IB2 13'
N32'09'/9"E 1G3/~ - f~~~ IR•i9.6]' _N ---
A:STJO' . O O / I
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p //L~:M~n (~ __ _ 24Z/R' __ _ / OP
r 2 QO, ~ '. ,p S`x~ / i / / % ~ UT/[/TY EASEMENT
C7 ~ / / ~~ a. •e/ ~ I ~ ~ - _ J ~4, KERN ,
a o ~, tu~~ $ O~WELL
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E65 EASEMENT 'S l LOT 2 / / / F /slaN
;K 452, PAGE 3 ~ ~ .[.. Ip I 0.7170 ACRE I~.
INTY RECORDS In ~ ~,ii~ rD / I I _ ~ `
~ I. .y,. rv°t / ~ _-'10:0'~y~ 10' IO' Well ~~ - .
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~L/ 16.35 R .. `~ \~l ~-'~ ' l Y 14
.~ s3p~ - f "~ W ~-_ I^"' fo- _ ~0' WELL
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1' I ~ f ~ I I. O. 132 ACRE ~ \ u\ / ~ e KO ,~
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R ~e.e•' ~ / 316, ~ E
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N i ' c ; as•vrza-E / /~ 0 85.56
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L o ~'~- \ ~ ~ LEGEND
o -~- - ~~-
~ ~ ~ R•Der and <oD fef L3 No 11204
NJ7.Op'O ~ .
O•W 00 =_-C•nf•Ain• nisfirp ro•daray
/23. /9' Z 1.
- roo' J.•n reeb•
_. _. _._ Bmldiny f•tDpee lin•
- 100' hipneey a•reoee
tCE: Aeeording to Colo[MAD larr you eaut eosnc• any legal action Da.ed -~~-"
n any detect lM fAfe MMSwy dtrin da 161 ylearM etbr yyOOn dlelrovr each ---- wsamanl fins
e<t. Ie n0 evMnt Mal an eetlon Deead upon any M!•et In Ule survey Dn ,~~.~_ 9ptIC syaNms ea a•m•M
•eneed Mora t7JMn ten 110 pan [roM tM date o[ [he c•rtl t3 eat (on ehwm
Mn.
--------- Dosi rlon o troiler• on lob
~~.--
I .
~..- ASPEN/PlTKIN PLANNING OFFICE ~ ~,
x .._ 130 South Galena Street ......r
Aspen, Colorado 81611 J ~' fti>
(303) 925.2020
I LAND USE APPLICATION FEES
City
00113 - 63721 - 47331 - 52100 GMP/CONCEPTUAL
63722 - 47332 - 52100 GMP/PRELIMINARY
63723 - 47333 - 52100 GMP/FINAL
63724 - 47347 - 52100 SUB/CONCEPTUAL
63725 - 47342 - 52100 SUB/PRELIMINARY
63726 - 47343 - 52100 SUB/FINAL
63727 - 47350 - 52100 EXCEPT/EXEMPTION
~ 63728 - 47350 - 52100 REZONING
! 63729 - 47360 - 52100 SPECIAL REVIEW
I
SUB-TOTAL
County
~; 00113 - 63711 - 47331 - 52200 GMP/GENERAL
63712 - 47332 - 52200 GMP/DETAILED
63713 - 47333 - 52200 GMP/FINAL
63714 - 47341 - 52200 SUB/GENERAL
', 63715 - 47342 - 52200 SUB/DETAILED
63716 - 47343 - 52200 SUB/FINAL
63717
- 47350
- 52200 T
SPECIAL REVIEW /_7_~
63718 - 47350 - 52200 REZONING
63719 - 47360 - 52200 SPECIAL APPROVAL c (at_i. ~-~~"
SUB-TOTAL
''. PLANN ING OFFIC E SALES
00113 - 63061 - 09000 - 52200 COUNTY CODE
', 63063 - 09000 - 52200 ALMANAC
63062 - 09D00 - 00000 GMP
i 63066 - 09000 - 00000 COPY FEES
63069 - 09000 - OTHER
SUB-TOTAL
TOTAL ~Y ~) ~-
~-`_C
Name: ~ J ~ Phone: ~ "
Address: h f ~ " ' Project: ~' - l
~~~ ~ ~ ~,
Check No. Date. -f Za
Additional Billing: No. of Hours:
~..
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/ Jn Ai'R I ~ . I 7.l i eh do inb nlMOwr
~~ ~ ;~~T ~ / #Rd' r <,r+~ `~ A Orxit of land tncetM In tha NWl/IMMIII and tha
1 ~ v =,p , !61/wNNI/N n4 Nactl»n 9, 'I4n+neh#p 10 Routh., Nampt
~dtli74 ACRE ~ ~ ~,~ la^ L__ r. ~ ~~ ~~ ~ AB east krt 9'rl naipel Nnrtd#an, Pltkin Cnuatf,
1 b 1~ v^ fnlrn nda mnrx partt»nlnrly ~nrrl6nd as fallmtnr
1 ~ ~ ~ ~ ~ 0~ , ', , it +~-~` neat pNlat; ak a p»tnt nn the ¢aatarly right-of-rat ifmr
/// `y ~ 777 U
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m { Aey 1tn to n prrlntl TIIfpOC Natth 37 pf'If' #aah•
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