HomeMy WebLinkAboutpitkin.planning.272909200023DOCUMENT LAYOUT
THIS FILE MAY OR MAY NOT CONTAIN ALL OF THE INFORMATION
LISTED BELOW IN THE FOLLOWING ORDER
Summary Sheet
Resolution for the BOCC and/or P&Z
Ordinance for the BOCC and/or P&Z
Determination for the Hearing Officer
Administrative Determination
Staff Memo
Application
Public Notice, Acceptance Letter, Referral(s) Letter
Site Plan
Miscellaneous
Plat copies (11x17)
PARCEL ID: 2729-092-00 023/02 ,„ DATE RCVD: 5/17/2000 #.COPIES: 9 CASE NO P64-00
CASE NAME: Dorais 1041 HR & Lot Line Adj tanners , Tamara Pregl
PROJ ADDR: Dorais Way
OWNIAPP: William Dorais ADR PO Box 391 C/S/Z:. Carbondale, CO 816 PHN:~
REP: Jeff Bier ADR: PO Box 100 C/S/Z: Carbondale, CO 8162 PHN: 963-1061
Email Addr: ALLOCATED HOURS:
FEES.DUE: 1110 + eng - hou .FEES RCVD: 1110 ^/, OVER:
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MTG DATE R
8/15/2000 fH(
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REMARKS
CLOSED: 9/20/2000 BY:
PLAT RECORDED 1/9/01
VR APPROVAL DATEir
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CASE TYP: ~. 1041 HR
CASE TYP2i' Lot Line Adj
File Location:
REF: 6/6/2000 BY.TKT DUE: 7/17/2000
BODY PH `NOTICED DATE OF FINAL ACTION: 8/25/2000
~r No 7/15/2000 BOCC Reso:
[THIS DOCUMENT REPLACES THAT DOCUMENT RECORDED NOVEMBER 3, 2000
AT RECEPTION N0.448552]
DETERMINATION OF THE HEARING OFFICER OF PITKIN COUNTY, COLORADO,
GRANTING APPROVAL OF THE DORAIS 1041 HAZARD REVIEW, CONCEPTUAL
SUBMISSION AND SUBDIVISION EXEMPTION FOR A LOT LINE ADJUSTMENT
Determination No. 2~ - 2000
RECTTALS
1. William Dorais and Victor Kotwicki, Jr. ("Applicant") have applied to the Pitkin County Hearing
Officer for the following land use approvals:
A. 1041 Hazard Review and Conceptual Submission approval for Lot A to:
1) establish a building envelope for the construction of a single famiy residence;
2) establish a development envelope for the purpose of a well and/or septic system.
B. Subdivision Exemption for a Lot Line Adjustment to eliminate one lot and adding its land to the
remaining two lots (Lots A & B).
2. These properties are metes and bounds located north of the town of Redstone, adjacent to the Wild
Rose Subdivision on Dorais Way. The property is more specifically described in Exhibit A.
3. As a result of the Subdivision Exemption for a Lot Line Adjustment, Victor Kotwicki, Jr.will own
Lot A and William Dorais will own Lot B.
4. The Heazing Officer, at a duly noticed public hearing on August 15, 2000, reviewed this application,
and at which time evidence and testimony were presented with respect to this application.
5. The Hearing Officer finds that this application proposes development in the best possible location,
given the hazards identified on the property.
6. The Hearing Officer has determined that the subdivision exemption for a lot line adjustment meets
the standards established in sections 3-190-030 of the Land Use Code, and therefore the lot line adjustment
is appropriate.
7. The application was received by the Pitkin County Community Development Department on May
17, 2000, during asix-month temporary moratorium in unincorporated Pitkin County. The application is
subject to the regulations of Ordinance No. 2000-0026.
NOW THEREFORE BE TT RESOLVED by the Pitkin County Hearing Officer that it does
hereby grant approval to the Dorais 1041 Hazard Review, Conceptual Submission, and Subdivision
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Exemption for a Lot Line Adjustment, subject to the following conditions which shall run with the land and
be binding on all successors in interest:
1. The Applicant shall adhere to all material representations made in the application and public
meetings.
2. Prior to submittal of any building permit applications, the Applicant shall record a 24 x 36 inch
mylar 1041 Hazard Review Site Plan in accordance to Section 5-70-040 and 5-60-40 of the Land Use
Code. The site plan shall also be submitted in a digital format for integration into the County Geographic
Information System (GIS). The site plan shall also include the following:
A. The development envelope shall be designated for septic system or well purposes only.
Wildfire mitigation shall be as follows:
A. Defensible Space:
The area around all structures shall incorporate landscaping with wildfire defensible
space considerations as follows (NOTE: Actual vegetation manipulation to meet
these conditions may not be necessary where the natural vegetation patterns have
already fulfilled these conditions):
a. Brush, debris, and non-ornamental vegetation shall be removed within a
minimum 10-15 foot perimeter around all structures. Vegetation in this area
shall be at 6" or less (i.e. mowed grass, low-growing perennials). No
vegetation taller than 6" shall be planted in this area. Any combination of
mulch, hardscape (i.e. sidewalks, stones, etc.) may be utilized.
b. To the property line uphill and downhill break up the vertical and horizontal
continuity of fuels. This can be accomplished by removing some of the oak
shrub understory (i.e. 50% of the oak stems) to lower the density of the plant
within the building envelope. Removing competition for the aspen should
also encourage it to return to the site. The Aspen is less of a wildfire hazard
than oak.
c. The Applicant shall be responsible for the continued maintenance of the
defensible space vegetation requirements.
B. Structural Desien and Construction Requirements:
1. Roof shall have a Class A, non-combustible roof system. Wood shake/shingle roof
covering and flat roofs (up to a 3:12 pitch) are prohibited in all wildfire hazard areas.
2. All vents shall be screened with corrosive resistant wire mesh of one quarter inch
maximum.
C. Maintenance:
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1. Roofs and gutters shall be kept clear of debris.
2. Yards shall be kept clear of all litter, slash, and flammable debris.
3. All flammable materials (including firewood/wood piles) shall be stored on a parallel
contour a minimum of 15 feet away from any structure. Firewood/wood piles shall be
stacked on a parallel contour a minimum of 15 feet away from all structures.
D. Miscellaneous:
I. Swimming pools shall be accessible to Fire Department vehicles.
2. Fences shall be kept clear of brush and debris.
3. Wood fences shall not be connected to the structure.
4. Fuel tanks shall be installed underground with an approved container.
5. Each structure shall have a minimum of one 10 Ib. ABC fire extinguisher.
6. Addresses shall be clearly marked and visible with mitimum 2" non-combustible
letters and shall be clearly visible at the primary point of access from the public or
common access road and installed on anon-combustible post.
7. Any outbuildings or additional buildings shall adhere to the same standards as
structures.
E. Utilities:
i. Utility lines shall be buried.
4. No development, including grading, berming, entry or ranch gates, and vegetation removal or
disturbance shall occur outside of the designated building envelope, except for utility and driveway
extension and maintenance, and as may be necessary to implement the wildfire mitigation measures
required elsewhere in this document.
5. All areas disturbed by construction shall be revegetated with native shrubs and grasses to limit
water consumption and additional runoff within one growing season of the project's completion.
6. The Applicant shall comply with the following standards for development on slopes of greater
than IS%:
A. Adequate mechanical support shall be provided for cut slopes.
B. Adding water which may decrease slope stability shall be avoided.
C. Adding weight to the top of the slope shall be avoided.
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Determination Na. Z~ - 2dU0
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D. Disturbed slopes must be contoured so that they can be revegetated.
E. Steepening of existing slopes shall be avoided.
F. Confine cuts, fills, grading and excavation to the minimum area needed for construction.
The Applicant shall comply with the following geologic mitigation measures:
A. The house shall be built to the specifications given in the Uniform Building Code for Seismic
Zone [.
B. Additional geotechincal engineering study shall be submitted at the time of building permit
application evaluating site-specific mitigation for potential moisture sensitive soil.
C. Foundation plans shall be submitted at building permit application. Building foundations
shall be reviewed and certified by a Colorado registered professional engineer.
D. Construction fencing shall be placed on both the principal building envelope and the
accessory envelope perimeters to insure there will be no development activity beyond the
envelope boundaries.
8. Grading and fill placement which involves more than 50 cubic yards of earth requires an
Earthmoving Permit.
9. A fireplace/woodstove application must be filed and approved by the Community Development
Departrnent prior to the issuance of a building permit (if necessary).
10. Prior to the issuance of any building permits, the Applicant shall obtain a septic permit from the
Environmental Health Department. All sewage disposal systems must be designed by a registered
professional engineer. Sewage disposal system shall be located within either the approved building
envelope or the development envelope.
11. Prior to the submittal for any building permits, the Applicant shall provide documentation of an
adequate domestic water supply on the property. Quantity and quality of said supply shall meet the
approval of the Environmental Health Department. The well site shall be located within either the
approved building envelope or development envelope.
12. The Applicant shall comply with all codes and requirements of the Carbondale and Rural Fire
Protection District including access.
13. Prior to the submittal of any building permits, the Applicant shall form and/orjoin a Road
Improvements District or Association for Dorais Way whidt provides a timetable for and level of road
improvements meeting the approval of the County Engineer and Cazbondale & Rural Fire Protection
District. An option is for the Applicant to provide pult•outs and turn-arounds meeting the approval of the
Fire District prior to the issuance of any building permits.
14. Development of 30 inches above or below grade within the required property setbacks requires
approval of a variance by the Board of Adjustment.
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Determination No. ~ - 2~0
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15. The Applicant shall comply with the following wildlife mitigation:
A. There shall be a limit of two dogs on the property. If a dog is to reside on the property, a kennel
shall be constructed prior to the issuance of a Certificate of Occupancy.
B. All trash/garbage shall be contained in approved bear proofgarbage containers. Prior to
Certificate of Occupancy, the installation of the containers shall be verified. Fruit-bearing trees
and shrubs should be avoided in any landscaping due to the high level of black bear activity
in the area.
C. Fencing outside ofthe building envelope shall comply with the Pitkin County Fencing
Guidelines at the time of building permit.
D. Native vegetation shall be maintained outside of the building envelope. In addition, native
vegetation shall be maintained within the building arvelope to the maximum extent possible.
E. Tall, overly mature trees and standing dead aspen should be retained whenever possible for
nesting and roosting habitat for woodpeckers and other tree nesting species, such as eagles and
hawks. Den trees in wooded azeas which provide homes for birds, squirrels, and raccoons
should also be retained.
F. If horses are kept on the property, hay should be fenced with an 8' high game fencing.
16. The Applicant shall submit a Drainage and Erosion Control Plan to the County Engineer for review
and approval, prior to the submittal for any building permits. The plan shall address the management of
runoff during construction.
17. Prior to the submittal of any building permit applications, the Applicant shall submit an access
permit for review and approval by the County Engineer. The driveway shall comply with County
standards at the time of issuance of an access permit.
18. Lighting shall comply with the Pitkin County fighting standards at the time of installation.
19. All development must comply with the provisions of the Pitkin County's Noxious Weed
Management Plan.
20. The FAR on both Lot A and Lot B will be determined base on the lot area minus the azea being
added to each lot via the Lot Line Adjustment. Prior to fie Lot Line Adjustment, the lot area of Lot A was
I.5 acres and the lot area of Lot B was approximately 9.4 acres.
21. This approval shall permit a maximum of 5,750 square feet of floor area subject to the floor azea
calculation in effect at the time of building permit application.
22. For any free market residential structure of 5,000 gross square feet or greater, the Applicants shall
comply with Section 4.01.01(B) of the Pitkin County Road Management and Maintenance Plan, which
requires the Applicants to provide construction trip and residential trip generation studies. The Applicants
shall comply with this provision as it is in effect at the time of building permit issuance to the satisfaction of
the Counry Engineer.
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Determination No. 2'7 - 2`bITO
Page 6
23. Statutory vested rights for the approval contained herein are granted pursuant to the Pitkin
County Land Use Code and Colorado Statutes, subject to the exceptions set forth in Pitkin County Land
Use Code, § 4-140 and C.R.S., § 24-68-105. The statutory vested rights granted herein shall expire on
August 15, 2003.
NOTICE OF PUBLIC HEARING PUBLISHED IN THE A5PEN TIMES ON THE 15TH DAY OF
JiTLY 2000.
APPROVED AND ADOPTED ON THE 15TH DAY OF AUGUST, 2000.
VESTED RIGHTED NOTICE PUBLISHED ON THE ~G_~ DAY OF _ , ' 4N Y~C 000.
HEARING OFFICER
ATTEST: OF PITKIN COUNTY, COLORADO
Tenley Taylor,
Administrative Assistant
APPROVED AS TO FORM:
,-
John Ely,
County Arne
Case #P64-00
272909200023/024/025
Cindy Houben,
Community Development Director
Date:
G~
APPROVED AS TO CONTENT:
~' ~~~
Cindy Houben,
Community Development Director
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LEGAL^DESCRIPTION
Lot~A 1.88 Acres
A tract of land"tituatsd in tho SWI/4 NWI/4 of Section 9. Tornahip 10 South.
Runge 88 West of the 6th Principal Meridian and being more particularly
doscribvd os follort:
Beginning of a point on the Eaa.turly boundary line of said SWI/4 NWI/4
whence an iron post rith o braa'a cop found in place and propperly marked for
rho Witness Corner to the Northrost Corner of sold Section 9. bears N
22'39'41' W 2398.90 Feet: thence West 150.00 feat: thonce North 98.64 feet:
thence West 448.23 foot: thence South 42°31'08' West 133.83 feet to o point
on the Eastorly right-of-ray line of the Cryata) River Railroad: thence
N 28°00'00' E 135.99 feet along said right-of-ray line: thonco N 36'08'00' E 10
feet along said right-of-ray line: thence-East 561.02 feet to a oint on rho
Easterly boundary Tino of said SW1/4 NWI/4: thence South 207.48 Feet along
sold Easterly boundary line to the point of beginning. containing 1.883 acres
more or less.
Lot'B 10.567 Acres
A tract of land aituatod In the SWI/4 NWI/4. Section 9. Tornship 10 South.
Rongqz 88 Weat of the 6th Principal Moridion. Pitkin County. Colorado. lying
Nor`fherly of the Southerly line of said SWI/4 NWI/4, Westerly of the Easterly
linq'of co.id SWI/4 NWI/4 and Easterly of the Eastorly right-of-ray line of
Colorado State Highrcy No. 133 deser~bad oa follors:
Begi,neiny of a point on the Easterly line of said SWI/4 NWI/4 whencq an iron
crake rich brava cop found in place and properly marked For the ritness
oin:t to the NWI/4 of :aid Suction 9 (accoptud and approved by the Gonural.
~and.Offiee in 19243 bears N 22°39'4!' West 2398.90 feat:•thoneu South 479.01
feet alongg the Eactvrly line of said SWI/4 NWI/W to tho Southeast Corner of
:aid~SWl/4 NWI/4: thonce West 918.00 feet alongy tho Southorly line of said
SWI/„4 NWI/4 to a Quint on ihv Easterly ri9ht-of-ray line of .said hi9hroy:
theneo N 00°53'00 Eaat 54.80 foot along iha Easterlyy right-of-raY Tinu of coic
highroYY: thonce N 04°38'30' Woat 206.10 feat along tfno Easterly right-of-ray
line oT said highro thence N 06740'00' Weft 106.50 feet along the Easterly
right-of-ray lino o~ said highroY: thence N 01'13'30' East 193.20 feet alongg
the Easterly right-of-ray line o` said highroy: thvnco N 02'54'30' Ea:t 53.A0
Foot along the Eastorly right-of-.oY line of said highrcy: thence S 62" 00'00'
Eosi 283.88 feet: thence N 42'31'08 East 133.83 fvo{: thence Eoat 448.23 feet:
thvne• South 98.64 foot: theneo Eaat !50.00 feat to the point of beginning.
containing 10.567 acres morn or loss.
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OCT.27.2000 10~59AM HILL EDWARDS N0.551 P.1
LAw oFFlcsS
' T~II.,L, EDWARDS, EDWARDS & ADKISON, L.L.C.
~+raNNIAL rtAZA avu,Dwc
502 MAIN 9'1RlEf, S[RIH 201
~ 7J1CMlAS ~ F[Q.L CARBONDALE, COLORADO Hf 623
TFLEPNONE
JOS)dPYHIi FDWARD$,iR„ P.C. (970) 9634900
7061iP88.IDWARDS,ID FACSidaL6
7AOMAS G ADKiHON
(970) 9434131
FACSIMII.E COVER SHEET
Ih1PORTANT: TSIS COMMUNICATION IS Il~'7'ENDED SOLELY FOR THE t15E OF THE PERSON NAMED
HEREINOROT'HERSAUTEORiZEDTORECEIVEIT. THISCOMMI]NICATIONMAYINCLUDEPRIVILEGED
AND CONFIDENTIAL INFORMATION AND ANY USE, DISSEMINATION OR' REPRODUCTCON RY
UNAUTHORIZED PERSONS 16 ABSOLUTELY PROHYBITEp, IF You HAVE RECEIVED THIS
COMMUNICATION IN ERROR, PLEASE NOTIFY THE SENDER YMMEDIATELY.
Date: October 27, 2000
To: Tamara Pregl
Planner
From: Thomas C. Hill
Re: Dora{s / Kotwicki 1041
Total number of pages: 1
Documents Transmitted: None
Fax No.: 920-5439
(including this cover sheet)
MESSAGE: Tamara: Thanks for your fas this date. The modified Recital 1 A&S is
acceptable.
~~\\/~ i
t~a~r~:a F ~
I
OCT.25.2000 9~57RM HILL EDWRRDS N0.534 P.2
LAwOrP[C1ES
HILL, EDWARDS, EDWARDS & ADKISON', L.L.C.
5
C5Ni@7NIAL PLAZA, BUILDING
J02 MA1N SrRBBC. SU[IR 7A3
CARHONDALE. COLORADO 81673
rFiOMAS C. R[LL ~LppgOtg
JOSPPFI a FDR'ARD9, ]R, P.C. (970) 963-3900
Josfstt a, sowAans, m PAO$I~m,);
'THOMAS L. ADKISON (970) 963131
October 25, 2000
Via Facsimile 970.920.5439
Tamara Pregl
Aspen/Pitkin Community Development
130 South Galena Street
Aspen, Colorado 81611
RE: Dot~sis / Kotwiclri Lot Tine Adjustment &
1041 Hazard Itevtew
Dear Tamara:
Thanks for your prompt attention to this matter. Your fax refers to Recital 4 as being
changed but it appears that Recital 3 was changed. In any event, this is acceptable. Also, I want to
be clearthat the building envelope for the construction of a single family residence and development
envelope for the purpose of a well and/or septic system refers to Lot A (which will be owned by
Kotwicld) as Lot B already has an existing residence, The recitals are not specific in this regard.
Plcasc proceed with the recording and advise me when that has been accomplished.
tch/t
c: diem
eoraic\lpxgl.l
1AW OPFICHS
HILL, EDWA.RDS, EDWARDS & ADKISON, L.L.C.
GBNIENMAI. PLALI BuWpWG
502 MAW aTRBEf, SU17s 201
CARbONDALE, COLORADO a1623
THOMAS G HILL T$L~HONE
JOSEPH E, PDWARDS, JR..P.C. (970) 963y9p0
IOSFPH s. SOWARDS, ]II FAC9Am
H
7HOMA3 L. ADKLSON .
(970)963-3191
October 24, 2000
Via Facsimile 970.920.5439
Tamara Pregl
Aspen/Pitldn Community Developmern
130 South Galena Street
Aspen, Colorado 81611
1tE: Dorms ! Kotwlclri Lot Line Adjustment &
1041 Hazard Review
Deaz Tamara:
I represent William Dorms and Victor Kotwieki, Jr. regarding their application for lot line
adjustment and 10.41 review. They have requested my assistance in completing the outstanding +
matters relative to the application.
ivzy understanding is that the applicants requested that the newly creaud two lots which are
contiguous would not be considered merged even though Mr. Dorms would own both lots.
Apparently, approval of the application has been granted by Pitkin County with the exception of the
requested merger exclusion
Gives that determination, Mr. Dorms and Mr. Kotwicld have agreed that they w111 each own
a lot to avoid the merger issue. Mr. Kotwicld will own Lot A and Mr. Dorms (and Iris wife) will own
Lot B. This would not appear to adversely impact the application and, hopefully, the approval of the
application could be amended to provide for ownership in this manner.
I request that you inform me as to what additional information, if any, you need to facilitate
approval o£the application with the foregoing changes.
Please respond at your earliest convenience.
tch/t
c: client
d6rnis~lpr9gl.l
Z'd ZzS'ON 5a21CMQ3 ~~IH WdTT:L tdtdtdZ'7Z'100
MEMORANDUM
TO: Pitkin County Hearing Officer
FROM: Tamara Pregl, Planner
RE: Dorms 1041 Hazard Review, Conceptual Submission, and Subdivision Exemption for a Lot
Line Adjustment
DATE: August 15, 2000
SUMMARY OF REQUEST: The Applicant is requesting the following approvals:
• 1041 Hazard Review approval to establish a building envelope for the construction of a single
family residence;
• 1041 Hazard Review approval to establish a development envelope for the purpose of a well and/or
septic system; and
• Subdivision Exemption for a Lot Line Adjustment to eliminate one lot and adding its land to the
remaining two lots.
APPLICANT: William Dorais and Victor Kotwicki, Jr.
REPRESENTATIVE: Jeff Bier
LOCATION: A metes and bounds property north of the town of Redstone, adjacent to the Wild Rose
Subdivision on Dorais Way.
ZONING/LOT SIZE: The property is zoned AFR-2. There currently are three lots. Two of the lots are
approximately 1.5 acres in size. The larger lot is approximately 9.4 acres in size. The smaller lots are non-
conforming in size.
EXISTING CONDITIONS: All three lots are metes and bound. Two of the three lots are currently
vacant. The larger lot is improved with asingle-family residence. Proposed Lot A contains an existing
fairly well defined driveway which extends to the proposed building envelope. The Applicant is proposing
to improve this road in its current location.
PROCESS: 1041 Hazard Reviews are reviewed and approved by the Hearing Officer. Subdivision
Exemption for a Lot Line Adjustment are reviewed and approved administratively by the Community
Development Director. However, Section 410-030 of the Code states, "Any development application
which would involve multiple review procedures culminating in approvals from dffering review bodies
shall be combined for review and approval by the highest review authority which would otherwise have
been involved in the separate review procedures." Therefore, the Hearing Officer shall review this
application through the one-step review process and make a determination.
REFERRAL COMMENTS: Referral agency comments are incorporated throughout this memorandum
and are attached for reference. Comments were not received from the Crystal River Caucus.
Dorms
August 15, 2000
STAFF COMMENTS:
D 1041 HAZARD REVIEW/CONCEPTUAL SUBMISSION
The Hearing Officer may grant approval of a 1041 Hazard Review and Conceptual Submission based on a
finding of compliance with the standards of Section 360, 3-70, 3-80 and 3-110 of the Land Use Code.
Specific hazards, resources and recommended mitigation measures are discussed below:
Wildfire: Vince Urbina of the Colorado State Forest Service has reviewed the application and has rated the
wildfire hazard within the building envelope as medium. Mr. Urbina has indicated thatthe vegetation on site
is aspen over-story with scattered Gambel oak, chokecherry and grass underneath. Mc Urbina has noted
that aspen stand appears to be declining in favor of oak and chokecherry. In time (i.e. 10 to 20 years), the
vegetation may become mostly Gambel oak which would increase the wildfire hazard to severe. Mr. Urbina
has offered a number of recommended wildfire hazard mitigation measures which have been incorporated in
the attached resolution of approval
Wildlife: Matt Thorpe of the Colorado Division of Wildlife has reviewed the application and visited the site.
Mr. Thorpe has indicated that the property, Lot A, is located adjacent to winter range for elk, however, deer
also utilize the property throughout the year. In addition, the abundance of vegetation on site provides
excellent bear habitat. Mr. Thorpe has offered a number of conditions of approval which have been
incorporated as conditions of approval.
Jonathan Lowsky, County Wildlife Biologist, also reviewed the applicatDn and visited the site. Mr. Lowsky
has indicated that the property lies within very high quality aspen forest on an alluvial fan. Mr. Lowsky has
noted that this property is important winter and transition range for elk, yeaFround habitat for mule deer,
breeding habitat for plethora of songbirds, and exemplary black bear habitat. In addition, this property is
within 0.6 miles of the bighorn sheep winter range on the cliffs above Redstone. Mr. Lowsky has offered a
number of wildlife mitigation measureswhich have been incorporated as conditions of approval.
Geologic Hazard:
• Slopes: The proposed building envelope and development envelope contain slopes in excess of
15%. There does not appear to be any portion of the property that contains slopes less than 15%.
Pursuant to section 3-80-050(C)(1) of the Code, development is prohibited on slopes greater than 15%
unless a specific development proposal is found to result in a site design that creates less impact than if
the development was limited exclusively to slopes of less than 15%. In the event that a development
proposal utilizes slopes in excess of 15% or if a development site is comprised exclusively of slopes
which exceed 15%, design and development shall be based on a detailed site analysis, including geologic
and engineering studies to identify the best development area. Staff is off the opinion that the principal
and development envelopes are located in the best location on the property. The Applicant did provide a
geologic analysis conducted by HP Geotech, Inc. which determined that with additional geotechnical
Dorais
August 15, 2000
Page 3
engineering study to evaluate potential for moisture sensitive soil and proper mitigation, that the proposed
building and development envelopes are suitable for development.
• Alluvial Fan and Debris Flows: According to the 1997 Colorado State University Environmental
Resource Analysis maps, the property is mapped for potential debris flow and alluvial fan. According to
section 3-80-050(E) of the Land Use Code, in the event that there is not an adequate hazazd-free azea on a
site outside of an alluvial fan, land uses may:
a. Be based upon a site evaluation and recommendations of a qualified professional engineer or
geologist; and
b. Be protected by channelizing, damming or diverting potential mud or debris flows utilizing
engineering structures by a qualified professional engineer or geologist.
Daniel Hardin of HP Geotech, Inc. has indicated, in his geologic summary of the property, attached to the
application, that Lot A is located on an alluvial fan /colluvium complex and that there a few shallow,
poorly defined drainages present on the lot. Mr. Hardin has noted that the risk for debris flow hazazd
should be minor. Mr. Hardin has also noted that consideration should be given to mitigate potential
hazards associated with moisture sensitive soil and earthquake shaking. According to Mr. Hardin, it has
been HP Geotech's experience that colluvium/alluvial fan deposits, similar to those on Lot A, can be
moisture sensitive and may have a collapse potential if wetted after construction. The collapse potential
of the foundation soils should be evaluated by site-specific subsoil study. Mr. Hardin has indicated that
additional geotechnical engineering study will be needed to evaluate sitaspecific mitigation for potential
moisture sensitive soil
With respect to earthquakes, Mr. Hardin has noted that any habitable structures should be designed to
withstand moderately strong ground shaking with little damage and not to collapse under stronger ground
shaking. The site is in the Uniform Building Code Seismic Risk Zone I.
CONCEPTUAL SUBMISSION REVIEW
Water: The Applicant has noted that an individual well will be installed. Proof of adequate quantity and
quality of water shall be provided to the Ernironmental Health Department prior to submission of an ISDS
permit for the parcel. The well must be located withineither the development or building envelopes.
Sewer: An Individual Sewage Disposal System (ISDS) shall be installed within either thebuilding or
development envelopes. Environmental Health must approve an ISDS permit, prior to issuance of a
building permit.
Drainage and Erosion: The Applicant has indicated compliance with all drainage and erosion requirements
as necessary. The Applicant shall submit a Drainage and Erosion Control Plan for review and approval by
the County Engineer that covers both the construction activities and the final development.
Dorais
August 15, 2000
Page 4
Utili :The subject property is served by electric and telephone. Propane is available through local
distributors.
Access: Access to the property is on an existing fairly well-defined driveway off of Dorais Way. The
Applicant is proposing to improve this driveway to county standazds. Bud Eylar, County Engineer, has
reviewed the application has offered the following comments:
The access drive to the property comes off Dorais Way at a severe angle. However, it is unlikely
that there will be few if any right turns on to Dorais Way. The angle of the exit is acceptable.
There appear to be a few areas where the existing road grade exceeds county driveway/access
standards. Where possible the Applicant should flatten the grade of the road. The Applicant shall
obtain an Access/Driveway Development Permit and provide information on t}e plan and profile of
the existing and proposed road.
Fire: Bill Gavette of the Cazbondale & Rural Fire Protection District has reviewed the application and has
indicated that access to the site off of Dorais Way is adequate. Water supplies for fire prot;ction would
initially be limited to water carried on responding fi>e apparatus. Additional water would have to be
supplied by tanker shuttle from the fire hydrant located along South Redstone Boulevard.
OTHER
Joanna Schaffner, County Zoning Officer, reviewed the application and has offered the following
comments:
The Applicant should be encouraged to create a 2 acre parcel instead of 1.883 acres, so that a
conforming size parcel may be created.
The proposed building envelope lies within the 30 foot ~eaz yard setback. Although development
may occur within the setback, no structures exceeding 30 inches in height will be permitted within
this area without approval of the Board of Adjustment.
SUBDIVISION EXEMPTION FOR A LOT LINE ADJUSTMENT
The following is a summary review and analysis of the Applicant 's proposal relative to the most
applicable policies and standards of Section 3-190-030 of the Land Use Code. A subdivision exemption
for a lot line adjustment may be permitted subject to compliance with the following six criteria.
1. The adjustment creates not more than the original number ojlots or parcels.
Response: The proposed adjustment shall not create more than the original number of parcels. The
proposed adjustment will eliminate one lot by adding its land to the remaining two lots.
Dorais
August 15, 2000
2. The purpose or effect of the lot line adjustment is not the creation of a new lot or parted, nor any
increase in floor area ratio for a parcel which gains size, nor creation of a lot or parcel substantially
different in size for development or resale purposes.
Response: No new lots will be created as a result of the lot line adjustment. One lot will be eliminated.
Proposed Lot B will gain approximately 1.17 acres and Proposed Lot A will gain approximately 0.383
acres. The additional square footage cannot be used for additional FAR on these parcel, without further
County review.
3. In the case of conforming lots and parcels, any resulting lot or parcel shall conform to the
minimum requirements for area or width established by the provisions of the Code.
Response: Proposed Lot B is conforming in size and will remain so afrer the proposed boundary
adjustment.
4. In the case of substandard size lots or parcels, the resulting lots or parcels may increase in
nonconformity as to lot size so long as the other standards of this code continue to be met.
Response: Proposed Lot A will increase in size, however, the resulting lot will not increase the non-
conformity. Staff requested that the Applicant add the additional 0.117 acres to Proposed Lot A to bring
it into conformance, however, the Applicant has noted that due to the reconfiguration of the lot and that
location of the building envelope, and the fact that they are giving up a development right that they be
allowed a parcel that is less than 2 acres.
5. The applicants shall prepare a subdivision exemption lot line adjustment map in compliance with
the standards in Section 5-60-040.
Response: The Applicant intends to comply
6. A lot line adjustment shall not be used to increase floor area ratio for a parcel that increases in
size due to the adjustment. The floor area ratio will be reduced on a parcel that decreases in size due to
the adjustment. Applications to add floor area ratio to the lot or a parcel are considered to be major plat
amendments and shall be reviewed pursuant to Section 3-190-090.
Response: As noted above, the additional square footage cannot be used for additional FAR on this
parcel, without further County review. The floor area ratio for each property shall be based on 1.5 acres
for Proposed Lot A and 9.4 acres for Proposed Lot B.
STAFF'S RECOMMENDATION: Staff recommends that the Hearing Officer approve the Dorais 1041
Hazazd Review, Conceptual Submission and Subdivision Exemptim for a Lot Line Adjustment, subject to
the conditions in the attached Determination.
ATTACIIMENTS:
1. Draft Resolution
Dorais
August 15, 2000
Page 6
2. Colorado State Forest Service
3. County Wildlife Biologist
4. Colorado Division of Wildlife
5. Carbondale & Rural Fire Protection District
6. County Engineer
7. Zoning
Application and site plan submitted separately.
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FOREST
July 5, 2000 ,, i ~~ tJ~U SERVICE
Tamara Pregl scare se~~;yes B~aa;~~
_, ~_~,%, ~;.~1 222 S. 6th Street, Room 416
Aspen/Pitkin Community Development Department c~a~a s°~~~;°~, co;°~aa° siso~
130 SOUth Galena Te;epno°e: (v~o) zas-~szs
Aspen, CO 81611
Re: William Dorais 1041 Wildfire Hazard Review
Tamara,
I visited the site with Jeff Bier the owner's representative on June 28"'. Access to the
parcel is from Dorais Way. The existing driveway angles towards Redstone, which makes
access for emergency vehicles only possible coming from Redstone. ideally the driveway
should originate at a right angle to Dorais Way.
The aspect of the site is west with a slope of 15%. The vegetation is an aspen overstory
with scattered Gambel oak, chokecherry and grass underneath. At the present time I
would rate the wildfire hazard as medium. The aspen stand appears to be declining in
favor of oak and chokecherry. In time (i.e., 10 to 20 years) I think the vegetation would
become mostly Gambel oak. The wildfire hazard rating would then probably be severe.
My wildfire mitigation recommendations are as follows.
1) For a distance of 10-15 feet around all structures establish and maintain vegetation at 6
inches or less. This can be accomplished with mowed grass and/or low growing
perennials. The same effect can be reached by installing non-combustible hardscape
like stones, pavers or sidewalk in this perimeter. Woody vegetation should not be
planted within the 10-15 foot zone. In addition, flammable material (e.g., firewood)
should not be stored here.
2) For a distance of 70 feet uphill and to the sides and 100 feet downhill break up the
veritical and horizontal continuity of fuels. This can be accomplished by removing
some of the oak shrub understory (e.g., 50% of the oak stems) to lower the density of
this plant within the building envelope. Removing competition for the aspen should
^Ic~ on~ni~rarJa i4 t0 return. to the site. Asoen is less of a wildfire hazard than oak.
Feel free to call me with any questions.
Sincer~y,
A. Vince Urbina
Assistant District Forester
~^/'sTTACH NT Z
Cc: Bill Gavette -Carbondale FD
Jeff Bier
ATTACHM~'NT .J
PITKIN COUNTY WILDLIFE MANAGEMENT
MEMORANDUM
TO: Tamara Pregl, Pitkin County Community Development
FROM: Jonathan Lowsky, Pitkin County Wildlife Biologist
SUBJECT: Dorias 1041 Hazard Review
DATE: 06/22/00
The Dorias property lies within very high quality aspen forest on an alluvial fan just below Redstone. This vegetational
community supports one of the highest levels of native biological diversity in the American west. This property is
important winter and transition range for elk, year-round habitat for mule deer, breeding habitat for a plethora of
songbirds, and exemplary black bear habitat. Black bears are very active in this area and there is a long history of
human/bear conflicts. In addition, this property is within 0.6 miles of the bighorn sheep winter range on the cliffs
above Redstone.
Given the above, the following conditions should be applied to minimize impacts to wildlife:
1. Residential development shall be clustered outside of habitat areas to the maximum extent possible to minimize
impacts on wildlife as per Section 3-80.080(A)(2) of the Pitkin County Land Use Code.
2. Native vegetation must be maintained outside the building envelope as per §3-80.080(A)(3).
3. Food, cover and water sources beneficial to wildlife shall be preserved. Mitigate development effects which would
destroy or damage these. Give special consideration to trees and shrubs with high wildlife food value, especially
heavy seed, berry and fruit producing species as per Section 3-80.080(A)(S) of the Pitkin County Land Use Code.
4. Tall, overly mature trees and standing dead trees should be retained whenever possible as nesting habitat for
woodpeckers and other tree nesting species, such as eagles and hawks. Den trees in wooded areas which provide
homes for birds, squirrels, and raccoons should also be retained. Disturbance or destruction of wildlife den sites
shall be prohibited except in certain nuisance cases, like skunks under homes per Section 3-80.080(A)(13) of the
Pitkin County Land Use Code.
5. Dogs should be kenneled as per §3-80.080(C)(2).
6. Tall, overly mature trees and standing dead aspen should be retained whenever possible as nesting and roosting
habitat for woodpeckers, raptors, and cavity nesting songbirds such as nuthatches as per §3-80.080(A)(13) of the
Pitkin County Land Use Code.
7. Installation and use of approved bear-proof trash containers[ should be required. Verification of this condition
should be required prior to issuance of a certificate of occupancy.
8. Fencing outside the building envelope must comply with §3-80.080(A)(10) and §3-80.080(A)(11) of the Pitkin
County Land Use Code.
to bearproof trash container must beafully endosed,steel containerof any size withasceel lidthat hazatwo step opening mechanism. Approval is
granted by the Pitkin County Wildlife Biologist or personnel of the Colorado Division of Wildlife.
76 SERVICE CENTER ROAD ASPEN, CO 81611
PHONE: 970/920.5395 FAX: 970/920.5374
STATE OF COLORADO
Bii Owens, GovNnor
oar ot= ntATUwa~ rasouaces
DIVISION OF WILDLIFE
nrr eQuu orrorrrururr earrovec
John W. Mumma, DiecWr
soeo Broadway
Denver, Cokxado 80216
Tdeplora: C~ 297-1192
Juy 18, 2000
Aspen/Pitkin Community Devebpment Department
130 South Galena Street
Aspen, CO 81811
RE: Dorms 1041 and Lot Line Review
Dear Tamara:
r
RECEIVED
JUL 2 8 2000
ASPEN I PITKIN
COMMUNITY DEVELOPMENT
ATTACHMENT `~
Far T~Idlife-
ForPeople
I have reviewed the 1041 application for the Dorais parcel boated north of Redstone. Kevin Wright and I made
a site visR on 13 Juy 2000 to assess the properi~/s value to wildlife and to predict the possible impacts to wildlife
habitat. The site itself is located adjacent to winter range for elk. his also utilized by deer throughout the yr,
as eviderrced by the deer tracks that were observed on our visit The eke has a substantial amount of vegetaton
and oxlfains oaktxush, aspen, servicebeny, and chokecherry trees and shrubs. The abundance of these species
indicates excellent bar habitat.
The parcel occurs within an existing subdivision that has several homes in the area. Therefore it could t1e
considered a disturbed area. However, ds cbse proximity to winter range for elk and bighorn sheep habitat is a
reason for concern. I think that potential impacts can be reduced by the folbwing m~sures:
-1. Because of the site's locatbn in excellent bear habitat, bear proof gart~age containers should be used.
2. Bvd feeders should be suspended 10 few off the ground and away from the home site. Additbnaly, bird
feeders should be brought in at night.
3. A maximum of two dogs should lie alkrwed with a kennel restrictbn. I believe that this was made a
condition of approval for other homes in the area.
4. Nature vegetation should be maintained outside of the building envebpe. Mature trees should be left to
provide perching sites for raptors and nesting sites for cavity nesting bircJs. If trees should present a
danger to the structure, then they should be topped and left as snags
5. Outdoor lighting should be projected downward.
6. Due to the bt's small size, I would nat expel horses to be kept on the property However, iF bases are
to be kept, then hay should be fenced with eight-foot high game fencing at the owner's expense.
DEPARTMENT OF NATURAL RESOURCES, Greg Wakher, Executive Director
WILDLIFE COMMISSION, Bernard L. Black, Jr., Chairman • Rick Era;trom, Vice•Chairman • Phip James, Secretary
Members. Tom Burke • Mark LeValey • Madarma Rattopoubs • Robert Shoemaker • Give Valdaz
FxCMryn Memhrfc Crrn Walrhal and 1'Inn Amtnf
Unless animals are to be kept on the property, I would discourage the construction of fences. If fences
an: to tme constructed, they should tie made wikil'rfe friendy so that wikil'rfe movement and migration
patterns are not negativey impacted. I would be happy to provide information on these types of fencing.
Thank you for the opportunity to comment. If you have any questions, please feel free to contact me at the
number listed bekwv.
Sirx~rely,
Matt Thorpe
DVVAIF Carbondale
947-2920
ATTACHMENT S
..
July 6, 2000
Tamaza Pregl
Aspen/Pitkin Community Development Department
130 South Galena Street
Aspen, Colorado 81611
RE: Dorms 1041 Hazard Review
Tamaza:
I have reviewed the 1041 submittal for the Dorais property, including the comments from Vince
Urbina of the Colorado State Forest Service . I would offer the following comments:
Access to the site off Dorais Way is adequate. Water supplies for fire protection would initially be
limited to water carried on responding fire appazatus. Additional water would have to be supplied
by tanker shuttle from the fire hydrants located along South Redstone Boulevazd.
Please call if you have any questions.
Sincerely,
~~~
Bill Gavette
Deputy Chief
Carbondale & Rural Fire Protection District
300 Meadowood Drive • Carbondale, CO 81623 • 970/963-2491 Fax 963-0569
FIRE • EMS • RESCUE
ATTACHMENT ~P
`~.
Bud Eylar, 10:45 AM 8/8/00 -0500, Dorcas 1041 Hazard Review
From: Bud Eylar <bude@ci.aspen.co.us>
Reply-To: "bude@co.pitkin.co.us" <bude@ci.aspen.co.us>
To: "Tamara Pregl (E-mail)" <tamazap@co.pitkin.co.us>
Subject: Dorcas 1041 Hazazd Review
Date: Tue, 8 Aug 2000 10:45:21 -0500
Organization: Pitkin County Public Works
X-Mailer: Microsoft Internet E-mail/MAPI - 8.0.0.4211
Tamara, I have reviewed the application and have the following comments.
1) The access drive to the property comes off Dorcas Way at a severe angle.
However, it is unlikely that there will be few if any right turns on to
Dorcas Way. The angle of exit is acceptable.
2) There appear to be a few areas where the existing road grade exceeds
county Driveway/Access standards. Where possible the applicant should
flatten the grade of the road.. The applicant shall obtain an
Access/Driveway Development permit and provide information on the plan and
profile of the existing and proposed road.
3) The applicant shall submit a Drainage and Erosion Control plan for
approval by the County Engineer.
Printed for Tamara Pregl <tamarap@co.pitkia.co.us> 1
ATTACHMENT 7
...
Joanna Schaffner, 01:56 PM 7/19/00 -0600, Dorias 1041 Hazard Review and Lot Line Ad
X-Sender: joannas@comdev (Unverified)
X-Mailer: QUALCOMM Windows Eudora Pro Version 4.2.2
Date: Wed, 19 Jul 2000 13:56:03 -0600
To: tamarap@co.pitkin.co.us
From: Joanna Schaffner <joannas@ci.aspen.co.us>
Subject: Dorias 1041 Hazard Review and Lot Line Adjustment
I have reviewed the above referenced application and offer the following
comments.
1. The zoning is AFR-2, not AF-2.
2. Based on a lot size of 1.883 acres, the allowed floor area for Lot A is 7,101
square feet.
3. The applicant should be encouraged to create a 2 acre parcel instead of 1.883,
so that a conforming size parcel may be created.
4. The proposed building envelope lies within the 30 foot rear yard setback.
Although development may occur within the setback, no structures exceeding 30
inches in height will be permitted within this area without the approval of the
Board of Adjustment.
5. Does the existing driveway need improvements? If so, proposed improvements
should be indicated and reviewed for 1041 concerns.
6. Does the Dorais 10 acre parcel have an approved building envelope? If so, this
should be indicated on the site plan.
7. The purpose of the lot line adjustment should be indicated on the site plan.
Was a subdivision plat recorded when the ranch was subdivided? If so, does it
now need to be amended?
Printed for Tamara Pregl <tamarap@co.pitkia.co.us> 1
APPLICATION FOR 1041 HAZARD REVIEW,
CONCEPTUAL SUBMISSION AND LOT LINE
ADJUSTMENT
Located North of Redstone along Dorais Way
Owned by:
William Dorais Victor Kotwicki 7r.
P. O. Box 391 960 Molbovia
Carbondale, CO 81623 White Lake Township, MI 48386
Submitted by:
Jeffrey M. Bier
P. O. Box 100
Carbondale, CO 81623
(970)963-1061
Jeffrey M. Bier
P. O. Box 100
Carbondale, CO 81623
The purpose of this application is twofold; the first is to complete a lot line adjustment on
3 contiguous lots which will eliminate one of the lots by adding its land to the remaining
two parcels and secondly, completing the 1041 review on the remaining, undeveloped lot.
Mr. Kotwicki owns a 1.5 acre lot which is bordered on both the north and south by
property owned by Mr. Dorais. The parcel to the south is approximately 9.4 acres and is
the site of Mr. Dorais' home. The site to the north is approximately 1.5 acres and is
vacant as is the Kotwicki site.
Dorais has agreed to purchase the Kotwicki parcel subject to certain conditions.
c 1..i Successful completion of the lot line adjustment
2. Successful completion of the 1041 review.
3. The newly created parcels do not merge thereby allowing Dorais to freely alienate
__-_i or build on the newly created parcel which is shown as Lot A on the attached
map.
I want to restate that, with this lot line adjustment, one lot and it's development right will
be eliminated.
Included in this application are the following:
1. Area description
2. Land use code sections
3. Legal descriptions
4. Proof of ownership
5. Consent of owners for representative
6. Adjacent owners
7. Geology report from H.P. Geotech
8. Copy ofpre-application summary
9. Site plan showing the building envelope
10. Copy of a current well permit
1. AREA DESCRIPTION:
The subject properties are located approximately 1.5 miles north of Redstone in
an azea previously known as the "McKinney Tracts." The parcels were
subdivided by Jesse James McKinney in the mid to late 60's. Lots range in size
from 1 to 15 acres throughout the former "McKinney Ranch" and are located on
both sides of Highway 133 and both sides of the Crystal River. The subject lots
are on the east side of the Crystal River and Highway 133. Zoning is AF-2.
2. LAND USE CODE SECTIONS:
The applicant is requested to address the following criteria
3-70 Water Resources -The properties subject to this application do not have
imgation water or live streams running through their boundaries. The applicant
intends to comply with all drainage and erosion requirements as necessary.
Domestic water shall be provided via a well to be drilled. (see attached well
permit)
3-80-050 Geologic -Please see the geologic report from Daniel Hardin P.E. of H.
P. Geotech included in this application.
3-80-070 Wildfire -The property has been mapped as "low wildfire hazard."
The applicant will comply with wildfire mitigation recommended by Pitkin
County and the Colorado State Forest Service.
3-80-080 Wildlife -The applicant requests the ability to have one dog and will
comply with recommendations of the Division of Wildlife and the County
Wildlife Biologist.
3-110 Improvements and Services -
1. Water - In house use well (see attached permit)
2. Septic -County approved ISDS
3. Power -Holy Cross serves both sites
4. Telephone - U.S. West serves both sites
5. Gas -Propane is available through local distributors
6. Roads -These parcels border on the former Crystal River Railroad
R.O.W. now known as "Dorms Way." The R.R. was dismantled in 1941
and the R.O.W. has been used as access since that time. Dorms Way
connects to the north end of Redstone Blvd. which is also part of the
former R.R. R.O.W.
LEGAL DESCRIPTION
The legal descriptions for the newly created parcels, Lots A & B are to be
found on the attached plat.
The parcel and schedule numbers for existing sites are as follows:
Dorais-NORTH LOT
Parcel # 2729-092-00-023
Schedule # R007-664
Kotwicki -MIDDLE LOT
Parcel #2729-092-00-024
Schedule #R007-845
Dorais -SOUTH LOT
Parcel #2729-092-00-025
Schedule # R007-645
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A tract of land situated in the Southwest quarter Northwest
.quarter, Section 9, Tovnahip 10 Sovth, Range 88 Went of the
6th Principal Meridian lvinq Northerly of tY.e Southerly line
of said Southvest quarter Rorthwea+. q~~arter, Westerly of the
Easterly line of avid Southwest quarter Northwest quarter end
Easterly of the Easterly right-of-way line of Colorado State
Fiighvay No. L33 described es follows:
Beginning at a point on the Easterly line of said Southvest
quarter borthveat quarter vhence an iron stake with brass
cap found in place and properly marked for the Mitneas point
to the Northwest corner of avid Section 9 (accepted and
approved by the General band Office in 1924) bears Forth
22°39'41" Weat 2398.90 feet; thence South 479.01 feet along
the Easterly line of said 5outhvast quarter Northwest quarter
to the Southeast corner of said Southvest quarter Porthvest
quarter; thence West 918.00 feet along the Southerly line of
said Southvest: quar`cer Northwest quarter to a point on the
Easterly right-of-way lint of said highway; thence North
00°53`00" East 54.80 feet along the Easterly right of way
line of said highway; thence North 04°38'30' ',Jest 205.10 feet
along the Easterly right of way line of said highway; thence
North 06'40'00" West 106.30 feet along the Easterly right of
way 1i*e of said highway; Lhence North O1°13'30" East 193.20
feel along the Easterly right of way line of said highway;
thence North 02°54'30" Eest 53.40 feet along the Easterly
right of way line of said highway; thence South 62°00'00" East
283.88 feet; thence Ea et 68868::feet to a point;od the Easterly
line of said Southvest quarter 1`lorthwest quarter, the point of
beginning,
Together with rights or ingress and e~;resa.
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NAF RANTY DEED
THIS DEED, made this 2~z1 day of January, 1990, between
Rita 0. Resengren whose address is 2019 Oak Avenue, Santa
&'f rba ra, California 9]101 "Grantor," and wll Liam J. Do rais and
Mary C. Dorais •ahose addreea is P.O. Box 791, Carbondale,
Cclorado 81623 ^G rantee s":
wITNESSETH, Tnat the said Grantor, for and in cons idero `ion
oC the sum of Ten Dollars and other good and valuable considera-
tion to the Grantor in nand paid by the Grantees, `he receipt
whereof is hereby acknow lodged, has granted, ba rgained, sold and
conveyed, and by these presents does grant, bargain, sell, convey
~ and confirm, unto the Grantees, their heirs and personal
~ ~ representativec or assigns forever, all the following described
lot or parcel of land, situate, lying and being ir. Pi t::in County,
~~ Colorado, to wit:
That past of the Southwest one-quarter of the Northwest one-
quarter of Section 9, Township 10 South, Range 8A West of
the 5th Principal Meridian described as follows:
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Beginning at a point on the east line of said Southwest one-
quarter of the Northwest one-quarter, whence an iron post
with a brass cap properly marked for the witness corner to
the do cthwest corner of said Section 9 bears North 27
degrees 36 minutes 39 seconds West 2707.67 feet: thence Nest
636.23 feet, more or less, to the Easterly right-of-way line
of the Crystal River Railroad; thence, along said Easterly
right-of-way line, North 28 degrees 00 minutes East 24.27
feet and North 16 degrees OB minutes East 108.2) feet;
thence East 561.02 feet, more or less, to the East line of
said Southwest one-quarter of the Northwest one-quarter;
thence South 108.84 feet, more or less, along said East line
to the point of beginning.
County of Pitkin, State of Colorado.
TOGETHER with all and singular the hered itaments and
appurtenances thereto belonging, or in anywise appertaining, and
the reversion and reversions, remainder and remainders, rents,
issues and profits thereof; and all the estate, right, title,
interest, claim and demand whatsoever of the Grantor, either in
law or equity, of, in and to the above bargained premises, with
the hereditaments and appurtenances.
TO HAVE AND TO HOLD the said premises above bergained and
described, with the appurtenances, unto the Grantees, their heirs
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and personal representatives or assigns forever. And the
Grantor, for herself, her heirs and personal representatives or
assigns, does covenan!, grant, bargain, and agree to and with the
Grantee, their heirs and personal representatives or assigns,
that at the time of the ensealinq and delivery of these presents,
they are well seized of the premises above conveyed, as of good,
sure, perfect, absolute and indefeasible estate of inheritance,
in law, in fee simple, and have good right, full power and lawful
authority to grant, bargain, sell and convey the same in manner
and form as aforesaid, and that the same are free and ^lear from
all former and other grants, bargains, sales, liens, taxes,
assessments and encumbrances of whatever kind or nature, E%CEPT:
1. Real property taxes for 1990 due and payable in 1991.
2. Right of the proprietor of a vein or lode to extract and
remove his ore the reftom, should the same be found to
penetrate or intersect the premises hereby granted, as
reserved in Cnited States Patent recorded May 18, 1894 in
Book 55 at Paqe 46 as Reception No. 546624.
~. Easement and right of way to construct, operate and ma ir.tain
an electric transmission or distribution and service lines
as granted to Fublic Service Company of Colorado by William
R. Killey and Jessie J. Mc Kinney in the instrument recorded
Hay 12, 1959 in Book 187 at Paqe 292 as Reception No.
107989, affecting the following described property: The W
1/2 of the NW 1/4 of Section 9, Township 10 South, Range 88
West of the 6th P.M.
4. Fifteen (15) foot easement for water pipeline across subject
property running from the southeast corner north as reserved
by Glenda L. McDonald in the Deed to Richard D. Weber and
Constance B. Weber recorded January 7, 1971 in Book 252 at
Page 929 as Reception No. 147842.
5. Restrictive Covenants as set out in Deed from Jessie J.
McXinney to ;lends McDonald recorded November 9, 1970 in
Boo3= 251 at Paqe 725 as Reception No. 147070.
6. Easement and right of way for the McXinney Ditch and
appurtenant pipeline insofar as it may affect subject
property.
and the above bargained premises i~~ the quiet and peaceable
possession of the Gran^ees, their heirs and personal
representatives or assigns against »11 and every person or
persons lawfully claiming or to claim the whole or any part
thereof, the Grantor shall and will WARRANT AND FOREVER DEFEND.
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C="C~:9TY ~F Santa faru rte
.22addayeo' J~e~.ar~, 1990 by Coed vTS ackica:aE~,cec1 :.e'.n~e i1a ~;;yy,
y Rita 8. 2ose.n~-e,E,
SIS'.'tiES.~, mp h.anri and uP.•icial seal.
N!r ~-om;nissiar. #arJires; Nay !` ?992
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IN Fd'tpNES i Fi4: £:'t0 ~; the vrantor has harei~nto ..~-
arr :Waal ;:.he aay nrx: pear P: rat agove wr rar ~n°~c'
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_i THIS DEED. hbee mn ~3 d.Ya ,~ ~~ m84 ~' ~ '
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helwaen AUAM L. .".AMORA end JUD ITN A. ZAHOR~~ ~ .o lag
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VICTOR L. ROTWICRI, Jr.. =
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calms ke.l Wdm.i.. P.O. Box }91, Carbondale, CO 8162.3 i .~ . $
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TEN DOLLARS (S10. OC) and other good and valuahle consideration-------~~~•
III die la,s,lx rxl wtntrtlRyuf when mhcrtM niniwleJrtd.have paenRd. M1aryrrRJ...,nlamlanmaaanl. old hr lhtae (Ir[aellladn gym.
brpain..Nl. cmvey. m,J ilxlnrnr. unm Inr pnnRen 1. hla hem aMl malpm mm.ar. all IIR rtal rnryRnr. loytlller wnh Imrnwemtm.. i
'' if anp LmaR, lying aml Mnr in the chum) of P ITRIN .sum of Cuhxrln. '
~ deanhed m fnlhnrr. '~
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~' A tract of land situated In the SW '. /4 NW 1/4 of Section 9, Township 10 South,
Aange BE Weat of the Slx[h Principal Meridian, lying Westerly of the Easterly
line of said SW 1/4 NVi 1/4 end East of [he Easterly right-of-way line of the
Crystal Rivet Rsllroad Right-of-way, said tract of land being described as
I fo llowe: Beginning at a paint an [he Easterly line of said SW 1/4 NW 1/4, whence j~
an iron poet with a braes cap, found in place end properly marked for [he Witneee
Corner [o cite Northwest Cornar of sa Sd Bec [San 9 bears: N. 23°76'39" W. 2707,63
~ feet; [hence 99.64 feet alonq [he Easterly Line of said SW 1/4 NW 1/4 to the 'i
Southeast turner u£ property described In ir.e[rument recorded Sn Haok 251 at
Pnge 725; thence West 688,68 Eeet to a point on the Easterly right-of-way line I'
~Lns.mwRMwR.,nr1,rM„h.a.,.of said railroad Right-of-way; thence N, 28°00'00" E. 111.72 ;j
feet along Che Easterly line of said Railroad right-of-way; thence (continued an r!kverse)
TCN;ETNF.R wnh nil aoJ anpulm the hertJhamenn aml appunrn:nnr. Ihemm helunpnp. .x In anvwia ryrpenmm~p. and the rtaeranm uJ
nxnum. nml,irxler anJ rtmrnkn. Mnn, iaaun aril pnfiaa Ihemtl. anJ .II the e.mR. ripM. lick. Inmrte, clam and Jem,d wMux,er d the ~
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pam°r14 tnM m lar m eyunv. °f. in arW In the aMwe herpmlml pmml.ea, wish Iht hcrtJilmnrnu unJ appunemmr,. j i
7'fl NAVF. ANn m Hf)I.U the uid pRml.ea ahwe halpaln<J end JeaanhN wnh IM aylMnenann, Ilmn the grxnRnal, his IRm and
mipaa fineaer. AnJ IIR plmllnrl, 1. fn him ael f, his InlnanJ lRrvmal rtpreumaaiarta. Jx uwenanl.pnm. hmpmn. alM ~i
apse m.nd wnh the pnnRn.a 1, his help aml malpna. maim lhcnme xl the cn.ualinpaN Jeli.ery nl lh[.e rweacma. they are well
ulaed of the pemiaea aMre mn,entl. hm gaN. ,ert. perfnl, anwlum anJ Imklemmle e.uR M inhemm~te. in law, in ke vmple. a1W I,i
N Ve ynW npM. full pmcnW.,llMmyto a.n _I
pYan erpaln. ,ell a11J cmaeY Ins .,nR In ~nvnner amt Gxnr a. of neaviJ, aM Ihr In[ ume re frte ~
ml<krlnm Llhmm aaW Whet lrtnma, hmc.un,..idea.liem.loo.maeaamenla. envmMurce,, anJ maw.nn. of whxRVer kiMmnuum weav, II
Martpa general taxes for 1984 and [hereof ter, payable in 19P5 and thereafter; and
SUBIECT TO might of [he proprietor ae reserved in United Stales Patent recorded
in Book 55 n[ Page 46; [segos, conditions, restrictions and covenants ae set forth ~~~'~.
Sn deed recorded in Book 251 rt Page 725; reservation of 15' easement ae set for[f+~.'
Szt deed recorded Sn Book 259 at Page 394; all reference being Co Che real pro-
laerty records of Pi[kin County, Colorado,
and IM,Mwe hrp,lntd pemi.Ra in Ins W le„ml peu~eahle pn.ea.nm ..!the Mnnhnla, his hem aml mlpm aprnvl ell and east) pcrwm m
aarxlma lawtvlly chimmp ~n n. clam Ins wMde ~x an• M IhemX. prxmon,I rhall aml wdl \h'A0.RANT ANO H)0.EYFR DEFENn. ~ i
IN WTfNESS WHENFOF. the Fnmwls M exerur•d Ion ~ketl Im me dole •n (yraMane. ~ ~~'-~ i..
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ADArltaltLllr~elMORA ~ZTH A. TAt10RA ~,
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I K{MI~t01116 IIIaINM°M cam >kllUwkdpld 1RhIR me In 111! ~14MY Id Y A~. V .Stag i
d ~ . mi, i3*~- J,Y w I~t~4i~ .1\84 . hr
ADAM L. ZAMORA and JUDITH A. ZAMORA !%
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April 18, 2000
Ms. Tamara Pregl
Pitkin County Community Development
130 South Galena St.
Aspen, CO 81611
Re: 1041 Hazard Review and Lot Line Adjustment
Dear Ms. Pregl,
I hereby authorize Jeffrey M. Bier to act in my behalf in all matters concerning the above
referenced land use reviews.
Sincerely,
~~. w~ ~Cy,y """
William Dorais
P.O. Box 391
Carbondale, CO 81623
~_ .
April 18, 2000
Ms. Tamara Pregl
Pitkin County Community Development
130 South Galena St.
Aspen_ CO 81611
Re: 1041 Hazard Review and Lot Line Adjustment
Deaz Ms. Pregl,
I hereby authorize Jeffrey M. Bier to act in my behalf in all matters concerning the above
referenced land use reviews.
Sincerely,
Victor L. Kotwicki Jr.
960 Molbovia
White Lake Township, MI 48386
Pitkin County Planning
Attention: Tamara Pregl
3-20-2000
My name is Victor L. Kotwicki Jr. I own a one and ahalf--acre parcel of land situated
north of Redstone, Colorado. (See attached deed with legal description)
My intention is to sell this one and ahalf--acre lotto William J. Dorais and Mary C.
Dorais. This sale will be contingent upon their approval of a lot line adjustment and the
1041 review.
Correspondence may be mailed to: Victor L. Kotwicki Jr.
960 Molbovia
White Lake Township, Michigan
48386
Sincer ly,
ictor L. Kotwicki Jr.
APP-ld-396@ 1"~=1 H-POTECH
Hepe~nrth-Pa~rfaL,- GeotecFnicaL Inu.
q~{/q5 =030 County Roxd 154
1~~1 i Glenwood Springs, Colorado 81601
Phone 5iQ-935-79fs8
April 1~, 2000 fins: Y'. 0.935.3,54
hpeca C'i' hpgectech.cwn
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Bilt Dorais
P.U. BOX X91
Carbondale. Colorado $1623 Job `+o. '_G) 23j
SubiPCr: Geologic Site Review for a Proposed Home Sire en Lot ~, Dorais
Property, Dorais `Nay, North o* Redstone, Pit'.<in County; Colo. ado.
Dear yir. Dorais-:
As requested, we have reviewed the geology on Lot A to evaluate if there are potential
constraints to ccns'ruction of a residence. The work was performed in accordance with
oui agreement for processional services with you dated February 29, 2600. A site visit
was made on Februzr'rd 29, 2000. Iz: addi±ivn, wP Tiave looked at published geologic
maps o` il'ae area. This Ietterlias been prepared to sursrnarizc our findings.
YRCPOSI;D DEVELOPMENT
II is our understanding fhat a residence will be built in ~e building emrelope located in
tre eastern part of Lot A. It is assumed that the buildins will be a or.P to two story
wood frame s'irucrire with a walkout baserent. Water will be supplied by a drilled well
on the west side of the building enve'_ope. ~tiaste disposal will be by an on-lot
infiltratior. septic system.
SITE CONDITIONS
Lot A covers about 1.9 acres and is located on ar_ alluvial r"anicolluvium complex on the
east side of the Crystal River about i ~ miles norl? of Redstone. The lot is in the
eastern part o; Section 9, T.10 S., R.88 W. The tract is bord?red on the west by Dorais
Way. The building envelope is located in the ens*--ern parr, of the lot. Slopes across the
building envelope avzrage about 2G ~ . A few shallow, poorly donned drainages are
present on t,:e lot. The site is vegetated with aspen trees, scattered large Fir trees and
brush. Them is a deeply incised drainage to the Past of the lot that routes uphill surface
drainage aro~snd the lot to the nerd-..
GEOLOGIC; S1rTTING
Regional geologic mapping indicates that :Lot A is located on coIluvium and alluvial
soils oeerlvins Maroon Formation iF.~l. Fox, i97d and Tweto and Others, 1978j.
OFF-id-2rQ9 1?~2'_ H-F GEuTE~._.H F.~t~%n-
}3111 I~Of 31S
Aprli l4, 2~l)~
Pa,e ~
Rock outcrops are act present in the building envelope. Roc's typical of the iVlaroon
Formation crops out on the cliff to the east. The colluvium~allavial fan deposits consist
of angular rocks from gravel to bou':der size in a re•.j., silty+ sand matrix. The rock
fragments are supported by the soil matrix. Boulders are typically 1 to ~ feet in size and
some are occasionally larger that. 6 feet.
GEOLOGIC SITE ASSESSh1ENT
The geologic conditions will present some consuaints to construction oz a residence in
the proposed building envelope. Considerations should be given to mitigate potential
hazards associated with moisture sensiti`e soil and earthquake 5haldn;. The site does
not appear to be imgaczed by rockfail or flooding hazards. The risk of debris r7ow
hazard should be minor. The poori;~ defined draina~_e features on the lot are ofd
erosional features and rot indicative or' current flood or debris flew hazard at the site.
Positive surface drainage around the house to route surface runoff around and away
from the house should be adequate for mitigating the minor debris flow hazard.
tiloisture Sensitive Soils: It has been our experience that colluviumralluvial Fan
deposits similar to those at the site can be moisture sensitise. They may have a collapse
potential if wesied after construction. The collapse potential of the foundation soils
should be evaluated by site specific subsoil smd-;.
Earthquakes: The residence could he subject to moderately strong earthquake related
ground shaking duzing its service Iife. The strucrare should be desigtted [o withstand
moderately stronb ground shakia~ with little damage and nut to coilagse under stronger
0 ound shakzn~. The site is in the CJnifortri BuildinJ Code Seismic Risk Zone I. Based
on our current understandinn of the seismicity of this part of Colorado, we see no
reason to design for a higher risk zon,:
LIMITATIONS
This review was conducted according to generally accepted engineering geologic
principles and practices in this area, at this time. We make no warranty either
expressed or israpiied. The findings submitted in tiffs le*.ter are based on a site visit,
review of regional Geologic maps, and our experience in the area. This report has been
prepared for the exclusive use by our client for prelimilaary geologic evaluations.
~.
AFP.-1=t-'_Et7i3 17: ~? H-Fr,E=TECH
Blll DOIalS
April la, ~ooo
Page 3
Additional ;eotee:hnical ea~ineering study will be needed to evaluate sate specific
mitigation for pctentiai mois.~re sensitive soil.
I: there are questions or if we can be of tunher assistance, please call.
12espec'fuliy SU V,A IAt~Pvt-t,
HEPW'ORTFI - P;a,~,';Iu;r1,m%,GEOTECFI\ICAL. _~c.
Daniel E. i-~1rd3~., P.E.
lt'e'i iewed by: •R1/`!r„n~:itUlt ;i
~-- O
Steven L. Pawia?t, P.E. /
DBHi ro
REFE1tE'+rCE
Twe:o and Others, 19 i $, Geoi~;y Yiap of tfte Leadville I °X Z ` Qccada•angie,
twrtrwestern Cvivrado: ti.S. Geoloeical Surrey Map I-999.
F. c?, n-
Fox, F.M. and Associates, 1974, Geviogic Nlap Roaring Fork and Cr,~sta1 Valleys,
.Fautfs Pan of Plate I, Cviorado Gevtogy Satwey, EG 8.
.. _,
PITKIN COUNTY PRE-APPLICATION CONFERENCE SUMMARY
PROJECT: Dorms ] 041 Hazard Review and Conceptual Submission
LOCATION: This property is located off of Dorais Way, north of the town of Redstone.
APPLICANT:: William Dorais
REPRESENTATIVE: Jeff Bier PHONE/FAX: 963-1061
DATE: January 14, 2000 PLANNER: Tamara Pregl, 920-5103
Type of Application: 1041 Hazard Review and Conceptual Submission
Description of Project/Development: The applicant is requesting approval to establish a building envelope to accommodate the
constmction of asingle-family residence and accessory structures and uses.
Areas in which the Applicant has been requested to respond, types of reports requested:
Land Use Code Sections to be addressed in letter of request (application):
Section 3-70, Water Resources
Section 3-80-050, Geologic (slopes, potential debris flow)
Section 3-80-070, Wildfue (mapped low)
Section 3-80-080, Wildlife (adjacent to mapped elk winter range)
Section 3-110, Improvements and Services
Staff will refer the application to the following agencies:
County Attorney, Zoning Cazbondale & Rural Fire Department, Colorado Stale Forest Service, County Wildlife Biologist, County
Engineer, Division of Wildlife, Crystal River Caucus
Review by: Hearing Officer. Public Hearing? Yes. A public notice sign shall be posted on the property at least 1 S days prior to
the heazing pursuant to Section 4-90 of the Land Use Code. The Applicant shall mail notices to all adjacent property owners
at least 30 days prior to the hearing with the return address of the Community Development Department (a copy of notice
shall be obtained from the Community Development Department). The names and addresses shall be those on the current
tax records of Pitkin County as they appeared no more than 60 days prior"to the date of the public hearing. The Applicant
shall submit a copy of the adjacent property owners with the complete applications.
What fee is the applicant requested to submit: Total Deposit: $1,110
Planning Office (deposit) $1,110 (additional hrs aze billed at a rate of $185/hr);
Referzal Fees: Fees for the County Engineer will be billed on the final bill a[ a rate of $65/hour.
Please submit: A list of adjacent property owners and 2 copies of the `Agreement To Pay' form (do not include with each packet
copy).
Number of copies of the application and maps to be submitted: 9
For a complete application, please include the following in each packet:
• Summary letter explaining the request and addressing all Land Use Code standards listed above.
• Consent from owner(s) to process application and authorizing the representative (if applicable).
• Pazcel description, including legal description.
• Proof of ownership (from a title company of attorney licensed in the State of Colorado).
• See attached "1041 Hazard Review Site Plan" requirements.
• Copy of this pre-app form.
• Geologic analysis by a certified Geologist.
NOTE: This pre-application conference summary is advisory in nature and not binding on the County. The information provided in
this summary is based on current zoning standards and staffs interpretations based upon representations of the applicant. Additional
informa[ion may be required upon complete review of the application.
Form No. OFFICE OF THTATE ENGINEER
GWS-25 COLORADO DI ION OF WATER RESOURCES ;
ry+~~
818 Centennial Bldg., 1313 Sherman 56, Denver, Colorado 80203 ~~~'~ 1 ~~ j~
13031 866-3581 vv
1095
APPLICANT
WILLIAM DORAIS
P.O. BOX 391
CARBONDALE, CO 81623
(970)963-2670
PERMIT TO CONSTRUCT A WELL
WELL PERMIT NUMBER ?7321 () _
DIV. 5 CNTY. 49 WD 38 DES. BASIN MD
Lot: Block: Filing: Subdiv:
APPROVED WELL LOCATION
PITKIN COUNTY
SW 1/4 NW 1/4 Section 9
Twp 10 S Rng 88 W 6th P.M.
DISTANCES'FkiOM SECTION LINES J
2100 Ft. from NORTH Section Line
1270 Ft. from WEST Section Line
ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT
CONDITIONS OF APPROVAL
1) This well shall be used in such a way as to cause no material injury to existing water rights. The issuance of
the permit does not assure the applicant that no injury will occur to another vested water right or preclude
another owner of a vested water right from seeking relief in a civil court action.
2) The construction of this well shall be in compliance with the Water Well Construction Rules 2 CCR 402-2,
unless approval of a variance has been granted by the State Board of Examiners of Water Well Construction
and Pump Installation Contractors in accordance with Rule 18.
3) Approved pursuant to CRS 37-92-6021311b1111)IAl as the only well on a residential site of ± 1.5 acres described
as that portion of the SW %., NW Y., Sec. 9, Twp. 10 South, Rng. 88 West, 6th P.M., Pitkin County, more
particularly described on attached exhibit A.
4) The use of ground water from this well is limited to ordinary household purposes inside a single family dwelling.
The ground water shall not be used for irrigation or other purposes.
51 The maximum pumping rate shall not exceed 15 GPM.
61 The return flow from the use of this well must be through an individual waste water disposal system of the
non-evaporative type where the water is returned to the same stream system in which the well is located.
7) This well shall be constructed not more than 200 feet from the location specified on this permit.
NOTE: Expired permit 176511, was previously issued for this lot. ~' ~t 2._
Parcel Identification Number (PIN): 49-2729-092-00-023 ~ Z~ SC~~o
Assessor Tax Schedule Number: 7664
APPROVED ~~ ~ _~~ p / ~ , ~~~~
D M W ~ ! U-"~ /c~/-
Receipt No. s`dfe~91nQpr DATE ISSUED MAR 0 3 2000 EXPIRATION DATE MAR 0 3 2002
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Current Lot
Configuration
SWRNW~
Dorais
,Spp PAL F.f F ~ I FoR D[TA ILS OF
rARCrlI I !2.
SURVEYORS CERTIFICATE:
I hereby certify that the neaps R descriptions
shown hereon (page 1-7) were prepar•erl,
under my supervision, during January R
February, 1975; from a "work sheet" prepared
by ot~h~e/r~s/and deeds////of reycorJ.
Luther T. Mus9rovc, L.S. 103H6
~~Q~.j~ii~~'M~~i^
,4~pt8 TEge •~'~~~
°•
., . _
„~ 10386 ~~
\~4:~.~3UP~E,•~P~w•
m~
O Ieo Sao J+°
LOCATION tMP
01~ PARCEL 1 R 2
IN NW4 SEC. 9 R SE45W4 Set. A
T10S, Rfl£Sld of the 6th P.M.
PiTKIN COUNTY, COLORAUO
FOR
JEFF OIER
Doz 5n
CARDONdALE, COLOIWDO
DY
MUSGROVE SURVEYING
G56 31 ROAD
GRAND JUNCTION, COLORADO 303N434-7D09
81501
FEDRUARY 10, 1975 FILE: 75-O1-L'6
PAGE 5/7
05/17/2000 18:08 970--9F"'-4238 REDSTONE
PAGE 02
i (~T LINE AD nJSTMENT
Code Section 3-190.030
A. This adjustment does not create more than the original number of parcels but
actually eliminates one parcel and its development right. It is the owner's ' ¢~ .
intention to reconfigure three lots imo two lots.
H. This lot line adjustment is not for the purposes of creating a new lot or to increase
the floor area ratio of either parcel.
C. The zoning of the parcels is AF-2 and two of the parcels are not 2 sores in size.
The adjustment will bring the non-conforming lot closer to the two-acre
minittuutt.
D. A plat is attached showing the newly configured lots.
E. It is not the attention to increase or decrease floor area ratio on tither of the lots
created by this application.
RUG. 14.2000 5~29PM STEWRRT TITLE RSPEN N0.?74 P.1
SCHEDULE A
Order Number: 00027387
LEGAL DESCRIPZ/ON
PARCEL A (ROTWZCRZ PARCEL):
A tract of lahd situated in the SW '1 /9 NW 1/4 of Section 9, Township 10 south,
Range 88 West of the Sixth Principal Meridian, Iyi,ng Westerly of the Saaterly
line of said SW 1/4 NW S/4 and EaIIt~of the Easterly right-of-way line of the
Crystal River Railroad Right-of-way', said tract of Zand being dereribod as
follows:
Beginning at • paint on the Lastgrly ling of said sW 1/a NW S/4, whence an
iron post with a brass cap, found in place and proporly masked for the Nitness
Lerner to the Northwest Corner of said Section 9 bears
North 13.36.39" west 1307.63 feetr
thence 98.6a foot along the 8aatozly line of said Sw 1/4 NW I/4 to the
Sautheest torner of property described in instrument recorded in Book 281 at
Page 725;
thonoo west 688.68 feet to a point on the Easterly right-of-way line of said
ratlroad right-of-way;
thence North 28.00.00" Sast 1I1.72 foot along the Easterly line of said
railroed sight-of-wey;
thonca Sast 636.13 foot to a point on the Easterly line of acid SW 1/4 NW 1/4,
the Point of Beginning.
PRRCEZ S (DORAZS NORTH PARCEL)
That part of tho Sovthwest one-quarter of the Northwest one-quarter of Section
9, Township 10 south, Range 88 west of the Sixth Principal Meridian describod
as felZewat
aeginning ae a point on the east lino of said Southw@se one-quarter of the
Northwest one-quarter, whonoe an iron post with a brass cap proporly marked
for the witness corner to the Northwest corner of said Section 9 bears
North 13°36'39" west 1307.63 Feetr
thence west 636.23 feet more or less, to the Easterly right-of-way Sine of the
crystal River Railroad;
thence along acid Easterly right-of-way lino North 28°00' East 2a .17 feet and
North 36°08' East 108.23 feet;
thence Eeat 561.02 feet mote or Zess to the East Line of said Sovthwest
one-gvartor of the Northwest ono-quarter;
thence south I08.8a foot more or Less along raid Eaet line to the Point of
beginning.
PARCEL C (DORAIS SOOTN PARCEL)
A trace of land situated in the Sw 1/4 NW I/4, Section 9, Township 10 South,
Range B8 west of the Sixth Principal Xeridian lying Northerly of the 9outheYZy
Zi.ne of said sw i/a Nw 1/a, W@rierly of the Easterly tine of said SW S/4 NW
1/9 and Easterly of the Easterly right of way Zine or Coiarado State Highway
No. 133 described ee follows:
continued on next page
RLIG.14.2000 5~29PM STEWRRT TITLE ASPEN N0.774 P.2
Continuation of Schedule A - Legal Dascripti On
Order Numberr 00027387
Beginning at s point on the Easterly line of said 9W 1/4 NW I/4 whence en iron
stake with • braes cap found in place and propsrZy marked for tna 4ttne•s
poine to tho xozwest corner of said Section 9 (accepted and approved by the
General Land Otfiea in 1924) bears
North 21°39'41" 2398.90 feet)
thence South 479.01 feet along the Easterly Zine of said sW 1/4 NW 1/4 to the
Southeast ooxnar of said SW 1/4 NW 1/4;
thanes West 918.00 feat along the Southerly Zine of said SW 1/6 NW 1/4 to a
point on the Easterly right of way line of said highway;
thence North 00°53'00" East 54.80 feet along the SasterZy right of way Zine of
said highway;
thanco North 06°38'30" West 206.10 feet along the Easterly right of way line
of eaid highway;
thonee North 06°40.00" West 106.30 feet along the Easterly right of way Sine
of eaid highway;
thence North OS°13'30" East 193.10 feet along the Easterly right of vay Sine
of said highway;
thence North 02°54'30" Eaet 53.x0 foot aZOng tho Easterly right of way Zine of
said highway]
thence South 62°00'00" Edat 283.88 feet;
thanes East 688.68 feet to a point on the Easterly line of said SW 1/a NW I/4,
the point of Daginning.
A11 in tho COUNTY OF PSTESN, 9TRTE OF COLORADO.
RlJG. 14.2000 5~33PM STEWART TITLE RSPEN N0.776 P.1
Smttiy of Cei4Yii~
STEWART TITLE
OF ASPEN, INC.
620 E. HOPKINS • ASPEN, COLORADO 81611 (890) 825-5577 • FAX: (970) 9zsiaea
August 14, 2000
Order No. 00027387
Re: Kotwidci Parcel/ Dorais North and South Parcels
Board of County Commissioners, Pitkin County, Colorado:
Based upon a search of the appropriate real estate records of Pitkin
County, Colorado, Stewart Title of Aspen hereby certifies that at no
time since January 1, 1972 has title to any tract adjacent to the
property described on Exhibit "A", attached hereto, been in the same
name or names as said described tracts.
This statement is neither an abstract, opinion nor guaranty of title and
is intended specifically and exclusively for the use of the Board of
County Commissioners of Pitkin County In determination of "merger
of title" or lack thereof as said "merger" relates to the applicable
statues, ordinances and restrictions ofjurisdiction. It is understood
and agreed that Stewart of Aspen, Inc., neither assumes, nor will be
charged with any financial obligations or liability whatever on any
statement contained herein.
Title Examiner
Chuck Dom
RUG. 14.2000 S~42PM
r
~,t~,5
STEWRRT TITLE RSPEN
N0.772
MI~IIN! 63" ' ' .
t1°taendar xd rID alai. bait, lab ~uc~ae = ~ ~ '
LANEBdY(.8 A. ATxY16Ru and V$fd!'L'. L. tAYN9o -.---+-
vt t6e :,. ~wi ., Vitkia .ed tireti•ae C°l°imb, d 8a! awee0 ~_:~...:.
YvY'cIPaB9brI'aY, dpnt rw edd DaaO Y aE kbx ~iiak Dde6, lei dtid'ih DdadW"aaUtl at thi a!® of
TEN bDIpLABS AND D'£Elik 4L:LDABWa CaRBt}d_T,118RATSON _..___..-......___~..Z
ea Yba salt Dart y et the lliae wtt m band trNil bv'.`6~ ~aat6 y6rH~'ad fbe aa`atw NaPO; 1ha eae.tpt ail:ter Id ~~~
MraF7 santa"ced 4ad aelakWiedral4 bha rkdMad, hiBgamad, N1a a4d edanywl; aiiA by Z4eAe pimaali d° 4!r. '
saint, ba]adm. Ddt, hnaVey d}a uuOdiYa haM rw r{au~a gd44ep dt rw mean sun. mw : p,c ma ,."4°• l6ee°.a, :aY
i4 reusing m eanmad bat bi>~ leaiht~p all Ake. i bf~idt lak a° Miest d iw»df k~11r1ak Gtld
Ixtpgtd she b°pidv o! A tlsi odd rldld 6k G'„lenidp, !o xih
IZ tract oE. lend situataxl ipthr S9P 1/4 ltlW 1/4. gaertion 9,
*awn±hip 3:4 BdlStht Aaagd< Be t4e8t of tfrd! Yttt Yritict~+at.
Heridian lysag 4lhrtheriy oil „ S9L~rligi'1][liiia of said
HIt l/4.tavP 1/41 Westerly of ohs hssterly SiiJe aE said
"5W 1/4,;'qN i/4 sad Easterly of the 34aM:erlY right o- ~.-!f
. sine .'~~"Sr+iorado state dighway 1QO. 133 ileeosibed as £611ows=
~~ '~~ Befglitiilig at a point do thra Naaltarly line n£ said
Sl~~A/4 1i4t 1/4 whence an ii`et: stalta with brass' trip fannd
~~aa place and properly mesktld fat the iiiraeaa point to
.: ~.~~Ne Northwest corner of reitl,9euklrac 9 (accepted aali~
h sowed by the Gettesal Lend• ~flE£iee in 19.94) Hears N.
22°89'41" W. 2398.94 £eett. theses BoaCh 49.61 feet
along tfie >daaterly Liao of raid SN I/4 8W 1/4 to tyx
Sotttheaat corner of raa,d 8N 1%4 Wli 1/4; thence Weat
918.00 feet along the Sogtli4:'r1Y line bf said 99f 1/4 N{9 1/4
to a point on the Naeterly~,right of way line of said
highwayr thence N. 00°47'00t' >4. 54.80 leaf along till
8aeterS.y right of Way lies h£ said highwayt thwrtnA N.
04.38'70° W. 206.10 £eet along the 8etishprlpY right aE
wny line o£ Weid highwayt theaoa n. 08°A6'00" w. 106.90
feet along the Sasterly right of way litre oY sai3 :ii3h-
way) thence N. O.l°73'30" ffi. 163.20 fsst along the
aaat,erlyp right of way i.i.ae a£ said hi hway; thence N.
02°54'3@" E. 53.40 fest along the gas~arly right of,,
way line of Bald highVlay; tFa:.x 3. 62°00x00" E. 2B 3.88
£aett thence East 686,88 feet `o a point oa the Iasterly
11aa of said SW 1/4 a~u 1/4x t:tte point of bagitming.
Together with rights of ingreap end eijraaa.
P.3i16
70aOtPHBa wIW di u°d daF"IaT the b"aoalOnmeDb wW •pptlipsn]pwW lhawpw° h,ip+,PW, as +" "49W~°°
DPDarIDDdoG and th] revais"a mM iwanlma, .ea+aladw wd Swwiwln+, x'"aD, ixna and aD+fita tlanp;i sad
aN thD tlpY. abibq tlflW lntaawC claim wM tanned WhMeeev°i at Eha aDW NarOy ad Ohs tine Nnih atr,+i io
tDW ai esalky, ni, to and m tlli ab°ia bnralaxd Dread"eM1, With the lwndanmw,n xdt pDWitenxw.v.
Nay 7aB.WAeDWY[DDm--i. LIN Sh"u°,.--ndbN SMZIfAM W.,fP,4e WpxDtr~W awoq a'l+ds
AUG. 14.2000 5~43PM STEWRRT TITLE ASPEN N0.772 P.4/16
<
wA .,=Y'Rbr ~~i r ° ~ i" 2.? k r"*+1< 46t rsT,n(..
~ , x,.~ t,; .;> +'t' a ,~ Sr 4a lAS~'apy`'at r~ ~~n# .~n~~y~
r. ,.; '~ PA~i dell, :;
~~
an ~~nvs •xn'to solo ilro edla YedaYed>iWtd~1iXr~ed aed `<~ i, tdhi~tlro rd91atlM4i[q. rmfe we :~~
eeH yettih6'a! WY end n.tE;"tLaie tiiM'aiW I~W15dY 3aNnir.:An~'; atla il~Y d i6n ~lMA1 9et'4 ~ .:I
s. Li1tt ulPr-hldt" kdtfrlMtdsMnis i~3 d~81114~Fab'4~Ba 9q MV~iitl&~6'~r ~KrM'a~d 1µYM Od ..
'. • srod wH- tM iAid eireNae,et fNs eN,tid~DWi.4~e ~i•;~ dYBlhKe:~ Ha8t1i1 tidia W JdN'MMM9ntl"iii~ iId1F~' ~' ~ .
os then mla~iW hw n w+ti,eehad Sd`1ha ~diHdi 6bbk ~ rd et :~Od< 6dl4n w5rkak atuolold .
u.aaaebe.ro~...an.otm~+ba..auuwetife¢:.^l~ul~i sdan~N+a+nut;no.~<mwy.+tman~W.::
>ev.whaodalMedlsadaa«athsawelaaatihle~diade6~trkttkd~r+iwe~dsiddrs4bd+'
oR im+w nd oeMe aeasEy luataM, std, lledy t(wri'adeteewdat~ mp'.~imwlbweaY:ot wSetMe "dnd a! datdie ~ . .; ~ ~ ..
eaeeep ekaspt +lnft ec>•;<_et tb t969°ydtCeaal :~erkq~~.k~altSar ti77. tlt~anMelit9
and righCs oP tray ox ~ u ptlh]a.o or+ #'1v®1a~ `n7ttS0ctl ~ sn8 61emeP3ctlve ~ -~
c"ooehmi;ti nttnd4tld htlratd tlb tatr~i~~~ ~1?!;t ;t:'- , ... .. ......
aad 1h. do..l,aeedned rs+roiMe s tha aalat and Dessh>w F~RWea sd?~ht ala yecilae pt tM awwnd oerR ad:
Mdea aid relgm. agaWetdd ad Meg naum oeyabda lar(i~'nLlinl beWm Ra while ar aar lent tluasrots
Ha aald Dart y et dro lout ~pvt droll mfwltl 1VdRRAll7 AHd YO 11H876ti1i.
ne waersss RdiffiRW', the eaW Batt Y d W ittA! Wet Wo peams0a aatU3tl beM aM
oW the JyY aad svhSl6eb above ~tttee. &
dialed. deaka and 17aReeM la lLe 1'esenrs vP
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'"r:'!'8';}AtIRTOP OQ7.OR0.RlY,'" - .
.' 4~ ~aF "'r •..•, inlnt woe nclowNleu9ed udeco he +b4 ~ ? 4 k h dal Ot ~t+ovemha r
e°}a4~rd°" tixa'a. eaoxxeax~r
y ; ~ aamne rY':s~+ ic+ , 1e 7-^ ; N~.MOw +af toad azd vllle7d .vaL
a 1 .c.., .
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'~ s.` .. SRta saved Pavm at YNOal4ev lalrfl umeat aemeel Y d aaroas R4ee Iv mo[uMbaro v en4dd eweab ve a aevnAnladvot
M lei M a.~YM1e MlebRh-Mn1'R IIeY ~ae~1r 4 d~a1Wl<aI Itb CNA[ N NlOVA4b11. Gila t1M1 aPM1~ i• rl!
r•Y4D<~sotht ammn aeWW poNe4,neb ~R4O k•
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RUG. 14.2000 5~44PM STEWRRT TITLE RSPEN N0.772 P.Si16
Z. ffiat no tract shall ba auti-divided into lore or arena o£ - '
knee than nee sere nos ahaLl,aay buildings be araeted or, ~.~
placed upon any let ~or area 4P lase then one acre.
3. ~NO noxiaue ~r oPPeneiva activities aha11 be parried on upon
said p:oe;axEy,~nar ahali at>_vtDing be done thereon which eery
ba ar beaona an annayanae or nuisance in the neighbrrchoofl.
A. Ro etraature aP a teaporary ogaractar, traSlerr basea~ant.
rant, check, garage, Darn or other oatbuilding of any ens-
,,,•~ cY~iption shell be uae8 an said property aC aeey tiara as a
..Y6s $anaer either taaiporarily or permanently, nxCejet that
' a.tsaiier Donee a~ay be used as a raei.dertaa Eor a period of
:oa¢_.j!e~er from date hersoP. ~,
-; 5a' Pq iniepale, livestock or poultry o£ any kind uha11. be rained,.'
~~'... k~ .- >, `„b~~ cr• kept ey..sa?8 propartyr 6-`-dept dogs, cater horaea and ~ ...:. ~:
',:°,otti@r hoaaahold pets nay ba kept thereon, provided that they
• •'"'".'Asa not kept, bx+e8 or ciatntainad far any aoaanero3al purpose.
6. ~ ~~Tieak. said promiaea sitali not De used or aiei.ntaine8 as a ~-~
..w...~.durap5,oq',groemd Pas rubbish as trash, nor aha11 wrecBed auto-
nobilea be stored or planed thereon. and said premises aha11
~. be mnintaiaad in a alaan and sanitary condition. -~~
~~7. That all dwelling Douaee planed upon the above described pro- ~~
perty ~ehall Ae iY„uipped pith suitatrls 3ndnor toilet Pacllitiea,~
and no outside toilet faei }ides aitall De uae8 ur conetructea~
upon the aboE°r Q~:^wi*cd property.
9.~ That thane re1trictioss shell be oovanaata running with the
land, and in the event a£ violation tbereo! by s6aond partial
or subsequent ownarc of said praparty, the first party, his
heirs, exeantora, adpiniatrators or assigns, nay give thirty
days' written notice of the violation of said covenants, and
in ttre avant the aai8 violation shall not be corrected within
paid thirty-day period, all the above described property, for
gather with the iaiprovearaeta thereon, shall revert beak t;o
sad D~acaae the properrtYyy of Pirat pnrty, hie Deirs, araoatora.
admirtlatratora an8 aeaigna.. -
RUG. 14.2000 5~44PM STEWRRT TITLE RSPEN
'~r-'
~ .,
D Q _u'' ~.5~
F~:i.. IX
7teeonLd v
3CL.1 l7ESn, $ad! 111P ~inYl '~/.
7a?D.
~ .h.es.m
~ GLErabA 1.. MC DGI~"4TD
~I .
d tLe Doimp d [~nrfield aed ab,L.Dt
.CDlaaadq at rL 9St nest aDd
RICC,AFm D. WE9ER and CONSTABIC$ 8. 'WE1il1R
N0.772 P.6i16
~.r
l
:i i.Re: a'{N'.Y t~ ~''
~ .ln~i /'~+'
o! ttn Cwnty of Mesa sad 9lste d Oo7nrado. a; sae aecamd pert:
70111^s66as8, sTn lbe dd DDrly d =ba Snt ~3az.md 9D wmidesa{ian a~ fh" am ~6
m>„ n~ii_r• and other valuable and good enasadezatians-----pOtL~sa.
' .. m th^ mld p.*sY d tae ~rR Pare 1D ~d DeM Dp tM sold parim d aw aaamd iwq the xmNewpet.rd n
~, , ! hareaa' easimad aad eaksoDSedral, >u b .aerated, aarsaleed, acid anu aaamped, aaJ Lp tlam pr.eale don8
raaiL r eea, eesoq sDd ~ ue'w :he aid DaraeD 4d araeomd awt, YLe7r 1Wes ahd Dn1N iht- m, Doe
i mlahaWf iD aommw bmfs jeheL ttDeaq, as the fellawinCdeDaHhvdlo: Rparrat d]end, aiLYte,yi~a~
'-_ i he'v~,p,.tde ._ .. Lbmt4° as Pitkin aDd State C CP:a-ado b wD.
II _.._..
A tract of land ei.t>aatnd in the SWI,~N[q~ oY &ecti.oa 9, Ta+na:S ip
10 Sossth, Range BB West a£ the Sixth ?rinCipal Meridian, lying
West®rly of the Easterly liAO aF said Ss~xD7Ws'i and east of tl:e
Easterly rigne-o£-aay line of tae Czystal 31:•er Railroac
1 rigbtrof-way, said tract o: land being deserzbed as follower:
'~ ~1,\~ 3oginniny at a point oq the ]Easterly line o£ said
\D Y SW'31`1W3, Whenoa as iron past with a bredn cap, .ovnd
\X, ~~ in plrce and properly marked for t5e witness Career
to the iCq,Y;nwest CornaF e_° said Soc:ion 9 beasr
~I s,. 2so36.35" ti. e3D7.63 feet- t1+?nCa LD~t "z 36.23 iaet.
U to a point on the kc:rterly rightrof-way line of said
Railroad right-pP--waj; to e:u:a R. 2g°DO •DO" E. 24.27
raet nlong the Easterly right-of way line of said
Rail-oad right-a:-ways thence R. 36aD0•Du^ E. 108.23
/~~yV feat alo :g t:~e, aaaterli ri5ht-o.,way Sina of said
f/ ,'y\/ cTailrond right-aP-~+ays thence cast 561.02 feet to a
pp:-.t oa the Bastorly line of said SW ~I~i7itt theaca
Soa*h 1~C. &} Font alpng the EasUrly lire of said
6Wae'NW'i, the paint of baginnin3. containing 1.50
aCrOn„ cher2 or 1699,
RUG.14.2000 5~45PM STEWRRT TITLE RSPEN ~ N0.772 P.7i16
`~+'' d
;q;
y~r;?
r
r'
(feok ~' S~ Pais
TOGETIaBR WP1B the right t0 taKe 0.5 .F.s. of water from the
Mexinney Ditch at a point between the fi t and second Headgate
of anid 81tch, aad including an easement and right of way far
i
she installation of a pipeline Erom Me$itjney Ditch to the
above fleacribed property. Provided that ino water shall be taken
Erom the NcStinney Ditch from the fifteenth day of July va~tSl
the fifteenth day oP Avmrgt esc*, year, a t,ik water takes
Erom the ditch must bo run in a pipeline r lined flume.
'i'DGRT$LR WITH an easement aad right f way over and
across the existing roadway as establish along the old
Crystal River Railroad right of way #or poses of ingress and
agrees to said property.
GRANPOR ceservee to herse3.f, her hairy and assigns, a
i-
fiftoen (15) foot 9asei~rent for water pipeine across the above
desazibed property sunning Prom the South ast corner DSarth.
SDRJSCT, however to the Reatrictlve venante soL out in
Sxh ibit A, attachsd hereto, and by this r erance made a part of
this conveyance,
F1UG.14.2000 5~45PM STEWART TITLE ASPEN N0.772 P.8i16
~~
I
a~oa' ~ ~ rnc6 akxr
s'OGb'17iDS writ .n anti rle6der the hariRtamEab ani epputiagaee f5oreatp ]WeaaMf. a m arwbs
apeeemua. the wvenia aai rerendeoe~ ++aebder atd eeaebdon, aab, ieeaa and pralRe thmrof; ani eR the
awa, k4in, tRk, iataat~ shim ad domepi whamaris pr. fha aeid reef y of the Nat pm4 tither 7a Iqv a
' eMV, aC b aM m the where LrRnhad Tenleew. wrih t`,a h:aedibaate Md wPatewnoa
TO BAVA dND TO }ipyD ytl1ab ptaiep ahaa hatl:alnedand deperihed, wRh tM aW~zteneneee,nllbthe eefd
e~oe dlhe heknd?atf. tJrok hetre and uelevq ierelan Aai >w said pot y e! the Nnt pvt, tar her
rlrae, eaeabrb ani .dniebriataa do Oatmaat, ieept, baraNn ad rsrta a aa3 wla. iiu
Wd pntla of Ma mlpad ppa; tl{N17~s ad eatdne, tha ak Rm lies of We am41RnR and ddMn ai thew hta.
ab ahB Sa well aelad et tM Fimahne ahsT earaei, a a{ rood, pA porfeeb, ahalaa ad ledetwe@h
ieh4 h tedaAteeoti in La. m !a emote, apd he R Lwed .ig1S faR Pm1a ad Inwid aRta~Yy a itnt, hen
E nomv iha eeme m manna eni mrm efmaatd, apd that the awe as free ad alwe from aR feema
eM Nhor aana, haeaalp, alto. Rep, Wwl aeeamab ad epaelbanoa of whearor hind x phew emcee,
', aM LhO shore ho*pia+dpeemriasmtbe same pdpaaahls pmeada Mqp Nld lertMee e(aw eetowd )an, Netrluhe
~! aid Tety ePbef the Nak Reaae V Femoa 111OtuW khdmh~ q a eWm she whvk ac enp lma eMnsf SM
M W1TNt8R NBBi&UFOF t1e e~e'~Rq sp riR AAIILANT AND Y'ONSVRR DDFSNA
'~, eW tM dar eml Tar Nat ahem wtlbya, ed ~e NK prE lag ha rn~mie at her heal ad
erFaA Reeltd nd V•alleeeei 14 On Peaeaom of t °CS%/iy~'~S~~t518IDAL7
GLELIIIA 7',. HC DONALb
'1'ATR OF OD1AaADO,
Owa4~ Garfield a
:Ice 7G atfoawlea mstreaent .ee aolmsrdediei halms ate enb ninth a der of Dece!mtter
~ Glands ti. HcDpnal,d ..~" "'~ .~
I hlr mamlealrt w'.[a~~\\T •••••O, V~,'
avirrJUne 21 .la 71. Wankeeanv.Snanaa,.eirn~.~.~,,.'.
... y-..
Sin
RUG.14.2000 5~46PM STEWRRT TITLE RSPEN N0.772
'~sr~
Zi"'pp,
' :t '. Vt, "F{': `w" ~
~ . ~'cl ~',1?4acrjt~4 t :'.: ~{, 4 .' 1`Y. ~t...(r~
yl,IF V
,
/ ,
~ i I p r r
~.'
.
a~zazx ~r•
P.9i16
Rastrictivro Covenants
1. Said tract of land shall be used far residential purposes
only and for no other purpose whatsoever, and no buildings
shall ba erected, altereA, placed, or permitted to remain
thereon other rhea one detached einale~~Eamily dwe.iling and
appropriate outbuild legs.
2. That no tract shall be eu'b-divided into lots or areas of
lees that one i1) acre aor shall any buildings be c-an*~ nr
placed neon any lot or Area of less than one (1) acre.
3. a'o noxious or offensive activities shall ba carried on upon
said property, nor shall anything ha done thereon which may
ba or become an annoyance ox nuisance Ln the neighborhood.
4. Ro structure of a temporary character, tra.i Ser, basement,
tens, shack, garage, barn or other outbuilding of airy d~s-
cription shall be need on said property at Cry time ae a
residence, either temporarily or paxmanently, axaeot thae
s trailer Noma mny be used as n rseLderce for a period of
one year from date hereof.
5. No animals, livestodk or poultry of any kind shall ba raised,
bred or kept on sa18 property, except dogs, aat8, horses and
other bquae"~eld pets may be kept thereon, provided that they
are not kept, bred or maintained fen arty commercial purpose.
6. That said premises shall not be used ox maintained as a
dumping grow,: far rubbisT vi: trash, nor Shall wrecked
automobiles he stored or placed thereon, and said praniaas
shall be maintained Sn a Clean and sanitary coed itlon.
7. That all dwelling houses placed upon the above daecribed
property shall De equipped with suitable indoor toilet
facilities, and no outiida toilet facilities shall ba
used or constructed upon the above daecribed property.
B. That these re6trlCt..ons snail De covenants running with the
land, and in the event of violation thereof by second
parties or subsequent owners of said property, tho first
party, her ho ire, executors, adminis tratore or asaigne,
may give thirty days' written notice of the violation of
said covenanter and in the event tM said violation shall not be
Corrected within said thirtyaay period, all the above
daecribed property, together with the improvements tharaoa,
shall revert beck ko aqd"btcoma'the property of the first
perky, her heirs, aaceCUtdra, administrators and asaigne.
agrees to said property.
GRADTCOH reserves tp heraoir, Ter hSira and asaigne, a
RUG.14.2000 5~46PM STEWRRT TITLE RSPEN ~ N0.772 P.10i16
~/
\>iind fcr r• cord
Raecpeioa Nu . 1430
TtnsDEED, Maanebx
td 70 ,p
---- JESSIE J
et d," l
^,~^,,
~\V
a
1
. / 1
V`
l 1
m6nr 9, 1.a 70~at 9;02 o'clagk
teggY E, Nixlith, Raeordar
h dos or Oatobsr ,
1(T[iNEY --••
a1 Pltkin sad Stain aC
Ynazrc srnnn'
mrt bocuwlRtar ac
ur.T zr, ~s~o
,.
Cdoeado, of tho S:+lDaek nvd GLI7NDA MC AONAT,SI r;
of p
II at Hw Coo of Garfield and elate of Calvmdo, a: tho wwaa hart: '~,;~,
Nrfaa83141'E, 1'haa tho aa" Darl7 nt tAa tlntAW't. lar and In wunldernHOn of tho nvm of
Ten Doliars and of r valuable wnsiderations ---_____-___-navdas, ~.~7a'i
!a Spa end Piny' of Wa Shat pv In land Du:d Cy tpn aatd I>°nh of tre eecord Dark Sl:a .saiye w'wev"t In iwa67 ; tq
aontaemd and aaknowiadgad. Fiw Nd, aorgaind, anid sad wnvayed, vnd by tMae praalta dwn gnM. bn[gatD,
I' wR, coa7ey sad eenem, onto avid pn74 a! 6e¢ wmnd Pnrk 64 Mks end ona97ve lowenr, n11 iha toaoNlag
~ dwmdpoi iob 6 or D"wai of load, aironx, i7in6 and baba 3n tho ~ ~'"
,. ~j Com,ty o! pitkin and s4'ta o; cotorndo, tomb:
.. ~''~:
A tree oP land situated in t'ha SWrdtOKtd o£ Baction 9, Book4lzF
•, s.. Townsh p i0 Bouth, Range 88 boat of the 6th prinicipal Page'21'~
BuiK (r~i PAGE :(.1A tiaridi lying 7veateriy of the Eaetax ly lino at' ea i.d 8lR1aN44idr9-:
and So theasterly of the Bouthnaster5.y line of the Crystal ~'~,;',
River .R. right of way dasexibed as follows: Beginning
at a p int oP the Easterly l.lna of said SP73t8w;r Whence an ~i~!';
iron s eke with a brass cap found in place and properly
marked for the witness point to the Northwest corner of
said S ction 9 (aced pled and approved b'7 the General
Land O £iee in 1924) bears ttl. 30337'47" SP. 1814.09 Eeet;
thence South &92.71 feat slang the Easterly line of
~aaid b ,dNWtdi thanes West 688.68 £eet to a point an the
Easter y line o£ said right-of-way; thenoe E. 28000'00"
E. 135 99 feet• along said right-of-wayt thence hT. 36o08'OD"
s. 13~ 94 Peet slang sold ri•jhtrof-Nay; thence N. 40053'00" ~-
E. 117 87 feat along 6aid right-of-wayr thonce H. 49313'00"
E. 80. 7 fedt along said rig7:t•-oE•+aay; thenc® N. 57351'00"
E, 69. O feet along said rightrof-ways thence H. 68308'30"
E. 274 71 feet a.Long said right-of may; thence N. 49318'00" _
E, 150 68 feat along said rightrof-way to a Point on the
Easter y line of u'a id 5N ~1KV3{, the point of beginning, T}le
ebeve- eacribed tYact of land contains 6.07 acres, morn _
or 109 '
,_ TOGETHER WI ,B the rigk:u to take 0.5 C.F,B, of Hater from the
MCXinney Ditch a a point between the £i.rst and second Headgate
of said ditch, d including an easement and right u£ way for the
installation o: pipeline ;ram McKinney Ditch to the above
I~. described proper y. Prpvided that no Hater shall bo ta]con £rom
tho MalSinnoy pa h fray, the fifteenth day of u'uly until the
£ixteant:i day o Auyust each year, and all water taken from the
' ditch must ba r ih a pipeline ox lined Eluma.
TOGETHER W Han easement and right of way over and agroea
the existing ro way as estaAaahed along tho qld Crystal River
Rai, 7.road Right £ Way for py,rpggea of ingress and eBresa to said
property.
SJBJFiC•T, h ever to tht Reatr.inh. ive Covenants set out in
E;.^.:1'h it• f„ nttn hod herotq,'and by this ro.farenoa made a part
RUG.14.2000 5~47PM STEWRRT TITLE RSPEN N0.772 P.11i16
. va/
r:. ~ » ~• nooww
~` ~ ~'A .tract of tarp ~e ifuated ih ;t a 8ti~{D74PI;{:'CY 6 dt'a,on 9~
t ~ ~~' ~ Townsh ap 10 south, ~ASri~e 89 'Beat bf rthe 6tH .'prSnicipal r'6{S~ ~ ~
r~°
~6.hRC.,ai,t. YAGh in .3 MOr id ivt lying Neattixly of the Eaathrly Lcne-of : rfA..d ,6Nk ,
and 9oukheaetatly of• the sd'uthaaeterly line oE~Che Cxyatal ~'~
Aivar A.R. right of~way daeczihadas follows: '~Eeginning :: zy{
at a point of the 88atorY.y 13.ne of said BWaINW(i whence as ` q
ixan stake with a Areas cap found in place and properly ..1_,y
marked for the witna99 paint to the Northwest corner of ,~;~.y,
-~ said section 9-(accepted sad approved b7 tho Genarai
Land Office in 15124) bears N. 30037'47" W. 1814.09 feet: •,.,-
thence South 652.71 Eaet along the Easterly Line of _,,,_,,n,
said 6NkD7w7Y; thence Nest 666.6E Feet to a point on the
Easterly line of saifl right-of~waYl thenco N. 26000'00"
s. 135.99 feat along said right-of-way; thence N. 36006'00 y:,,,,..`
' E. 137.94 feet along said ri-ght-of-way: thence ft. 40053'00 N.,.~.,. _,
E. 117.6) feet along said rightrof-way; thence N. 49 13'00
s. 80.07 feet along Said sight-4f-wayf thef~;ce N. 57051'00
E. G9.20 feet niong said rightrof.-way? thence N. 56006'30" ",.;
E. 274.21 feot along said rightrof-way; thence N. 49018'00°~'f'~~
8. 150.66 feet nlong said right-of-way to a point an the
Easterly ].ins of said Sw~jNN~t, the point of bogtnning. The '':;
above-de:.eribad tract Of land contains 6.07 scree, more
eY in%sP: ..
TOGETHER NITR the right to take 0.5 c.F.6. of water from the
McAinney Ditch at a riolnt between the Eir9t and second Neadgate
of said ditch, and ins lading an easement and right of way for th0
installation of a pipeline from McKinney flitch to the a}wve
deeoribed property. Provided that no water shall be taken Roca
the McKinney Ditch from the fifteenth day of July until the
- fifteenth gay of Augvak each year, and ail water taken fzom the
di.toh musC be run in .~ pipeline or lined flume.
TOGETNER N2Tf3 an easement and right of way oust and across
L•he exi.ating roadway as established along the old Oryatal River
Railroad flight of way for purposes of ingress and egress to said
property.
9[78JECT, however to the Reatr ictivu :+)venante set out in
8xhibit R, attachod hereto, and by th ie reference made a part
' of this conveyance.
RU6.14.2000 5~47PM STEWRRT TITLE RSPEN
I~Ir ~~~1!`~~
' ~ r Y .. .
',.
?~ i.
jF:.'.
ph~n'a
°Z'.{' ..
N0.772 P.12i16
y+,y+.__... ~. ..
Book 414 ;
Page 220
1WGe,TfIRR lull, all wd sfnprdnr tae Da*Wifamaq'te and appprtmmnws taeMW aslonping, pr 1n anywlsa
appenalmnp, +md tM ravaralan wd eeeraYligla, nmatl:d~.'"t(t(,, wd raamiudaeq, rvntb iaWH wd PYaf1N tlleranll and ell
the aatex, Tlplla, tltla, lnlawR dnim qvd dmaanr hn}xvm• of tha nald party of iLe fdM! TnrF aiWer iq Sew
or equity, ot, In qnd :o tna Phova Wvpalaed mrmlaea, Ml( tla attaadllnmenb BIW appgrtmreeea.
TO &tVE Atgfl TG IlGLL tku mld DYalldaas 1 ava gM'.galr~ad wd dacmDledr WILh the appprtmmnaae, oats ills
eraentary sad ¢dnn~ ~ ~ hDn ~ ~~ fm~avnd dad tfie eP1d mrty !d ille #int qrR !pe hl
minlatrptarar daa8 W Va1MInR paRPt, apt~p, Pty atTM M nlgl Nlpl ifia enld Party K tT~o ~Beand !M~
ya lain wd aae18/v, thak at tla 1llaa a[ thu mod:••q wQ dPltlpry pf tha0a pTaawly, Le le pe11 rolrad of Tha pwnfrq
ehmt epnnyad, nr of gnod, wro, perfeet, aheoln4 xnd Dt4MwRle mmee of tnhaaltapae, ~le Inxr h1 t+e sfmde, and
Ma RDM r107t0, loll peq'nV aed lavty wtDUrlty tc ~rnnt. hnrpaie, OrJI and eMVCy Nw same in mwvee end faw as
.!prosy, and !has the aama ary iraa and elo.,r !mm n~l toYmor a1d ptaer grants, paraniDa, calm, Venn, loom,
aneaarowta and alqumEnwcae at Mwnar :;nr u -atura nearer.
aM p1e above aarpnllwd Dmniaas le LM goat mid ppaapna~e poannalon at tte old Pnehf of the Naand part, hY hoiM
wd aaNgm Ddo.{pPt all wd nary parson er pm'gnta 1aKNlp c]alniulg er b claim tiro mhplr or PPy Dwt Hlpreaf, tha
II~j sMd pwb of tin lnwt Paet Bull nad n'ill WAR1tAI:'~; ~~ M~ 1rpNiV6R p6'pBNp, The Bingnyr aumbar abnlt melPde
i~... rLe Wnnl• !fie PIPMI ate aingWarr and Nq ua e: anv pan w shalt W applimab tq alt graders.
I`I first 0 w rrrik~rn. WIIQf38(8t19. tM saW paten of the fmL boat aaa hGeump tef alr semi and oat kM dq wd Seer
`.I
.._.....__..•....,...._....__...._._.M....._.__,_ 34Lj II
. __
•~ STATB OR ppLORApO
Caunty nt Gar£ielti }Ba•
,I Tho Soragoing lnst.pmpnt vac 0ah1faxlWptd betoen mu thG
SCh day of October ,,•
3n 70 ,dv Jc~giz J. Mc 1Ci.^•nry, '. ,i'!J;,; ~ I
~~•~7 ~, ,~.,,,,,.,.•..••, ~ II
I• ,liF epmmiµion C%Dlrea C..vt!e-.et .:!/ ,lo J/. WIWaa ~. ~, (.• 'S •'If
.. r~ I ~ / 111] Xap11,1Py O fatal IOM1L'l Y! '.
i
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:.
/~~ 'E• l.. ~ I.0. ~! : I!
''
q .~
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~~v 14iFl/n ~, ~1j
,.,.war
. q•
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oy
lSu. W...; ~ '~...:, 4. .....~~1+Mit b..,d.~~Y- _..,^:_ _~._..._.. _...._.. ` it
~1:. F'FBPLXTY D1taD~1'v PM. D,.dM1N.1,W4Mp M1Y11Yf Q4perlD'. illaa.YpMMN ,-~_•
•orimiar ~jj
i
RUG. 14.2000 5~48PM
STEWRRT TITLE RSPEN
`wr
°lmM'~F.'ge~mrw~e ! awe+vv' ~ ep,).gF.
:sax °a°
4e9tricti:•e Covenants
N0.772
$pp$. 414
°aga 221
~. Sa_d trap. J land shall be useti Tar r2sideatiai pulpasas
oil' and ?err ap ptY,Er pL[raisa aiSU~CapavB:, and no built lager
SfSi he are CtZC., 8iterau, DiRC2~, p2''~el7titt23 *_. r°_R31.^.
t*.erepr. Jtbsr thar. pn=_ detac?,e.5 s:ay2a-~zamilp d~r`lling aad
a?propaa.a actbuiidi.ngs.
.. .^tiE-. np tracer sTal: be eub-divi.daa ii:o io:s or >Ieas of
123A t1;E-1 OnF (il =_Cre nJr F!Va l_snV bt i.l,d:'.g9 be erepted C.'
.;gin= _... '_ct °..._ 1..: t*.c : ; l` Wcr~.
_ Ca_
P.13i16
' 3. L.'.: DJY.iJU'e .: p.?enaiVH d^`.i"v'itias $hali ba pErlied pn linpt
' 331. proa2l 4Y, npI 3hali B..^.Vt~. iil~ ba dpna ih2r20n W.11 G~ LGa}'
bs pr bB NOm? n.^. a'tnCya JCa CL' ]:__.c....e i lyre n2±a*,t+orhopd.
,, re. _..' strllCtL're J? a LBRppraI'~" Cf:araCtel, tlaile„ basemen,
LE ::, stack, par H.J~E, b6.r- r. .t`tar outbuilding p? arr des-
. ,.:;~l;p^ bh6'.. b2 .w^ad JZ. szi prJp22; EL as ..itr_ as 2
rESldanpa, aitbet te~ya~rarii ~pz peznan2bth',~Excapt that
__31 iLr '~;.~,!!p ;ILV Ue :tF9C 33 .. Feu iGenCe Or E pelipd o?
J^d near ?rp}„ daLe ierBpi.
$. Sp .;i;,tiais. 11raF .Jek C: pecitry p` 2a?: ki:,c F.ha _'_ Te reisau,
=: -.- pr k2w_ C- 6E~d ~rJpaIt'y, aT CEp= dpp$, Cats, hCIEaS Hnd
.":er },JUSBhpi.:: "--= ma? b= kapt t-eras^., ?; pvidac tear r?a?*
err= npL i:epL, nr2.: c.- rs.-,,te.lae:. sr_ s. t^ ep:rma: ci a: purer sa.
o. _. __ ~_._ ~..'eai~as 81s1i nJL bE i:$B: or T.a7z.tai.nad EE a
. -'_ CrpL':'i., i3. rub:li5a P= .L3.`., Ap. Fiala tr'2Ck2d Lp-
..112$ be $LJr2~ om pl=pBC. Lt.2I0JC.. and 6ai3 prBYidB$ s'sali
1'Yx~:.a.':GS irAL~ 1'. S c_5$=. 8n. 6dnitar+• CJnditi p'.
,. 711]. a'_. dw2ili'i:: `apu9s6 ~ cN J?p:; t.:.. ~pp4'A dasC-1`~ed ~r_~
Y"- 9:Iaii be a ri',?!.`. Ka7. _... ,. 23t@pJr tCaEL ?a pint ieb,
3:1?`nJ JlitF id2 LJii2t '_..~ ..-.F$4s::31= be :iFe3 ~- tp^FLILCti+d
u?J1 t_,_ db. va de$C: i. c~^jrp?ES i}'. ..
e. .GSL il,2sf reSL7.a1JnF ?h.'. _ .y C+e~<n u'.t5 ?'_^..._ it?. L?;i
.^. i. '
Z.l., a:a: _.. ...~ avast ..: ...__.: v,-_ ti:ET3Jd FEOp ^.`. oS::iSs
.C _:Ctie 3CYH't C+.:.Erf J. .']d ^.rODc.=}', t=Z ?ir6` a3r`. C, 5i.:
_._-._......,. '-_-'8, dXE~ .Orr, 3pp.:'.lstrat~'c$ ~C .: aiC~3, 3?i .'iFe tali b:
3avp ..~_•te_. .,.. ..~,.._ J: the t'1. __ .~~ ... $ai Cpt'E.iG.: Ll'_
.:. _._. 2C±... .f~2 S3_.. .~. iat':G 3!:El~ ] 'S_-`C.tlra tt>G•W$LSi.'
__ _ ~„._~ -~`p ?LCi Dom. H~ii Lp:.\'E da$t ibad _rppE1"tl•, !p.
_____ wit:. ..`.a lIIt Cl'c:~B~L$,thtr9.l't, 4Ti]. :aFEr .. \.>-'tC t:
a.-,E :~aGS..'~E ..~_ Jpar^'~' .. r..IS= parL=. ..15 :a.',,=6, G\eCtiLOCS.
.... ._ :16 t: at l: a' allp 063 ^..d
RUG.14.2000 5~49PM STEWRRT TITLE RSPEN
a.r
~~~
~~\~
Ea~mea ok..- _.9....3a „„dolwk.A..._.M.; ._~ ~.8p°!-iAi
fs
f14Da DBEIi, dude l6Y ..~ ~ dq at October
id 7l LOlw¢op
N0.772 P.14i16
RE-01DER'a aTA16P
GLENDA d1C DONALD N~~ ~~,6/ ~y71
' x~..xQ Z....
~......_.r .....~.. :".
o[ elu Oev¢b "t Pitkin sad Bfab a!
Odae¢do, of LLO llrst P¢fC ¢ad
ADAM L. 7.AMORA and Jt1D ST'd A, 7JiF8}RA, e.s Joi.nt
e! t>te Ca¢ay n[ ¢lid aMp of dtlba'00a¢t tho Neo¢d p¢A:
Tennnta Cal >141.LARS. I~
wrrnzea~rn, aut tb..¢w fart y oT flu fiep ~ xar ¢nd 1a amYAvr¢tim ¢t tlu elm d
TER aCLLARS and other good at+d valuable considerations--
to t¢n nntd prt y d tM llmt p¢rt !¢ L¢n4 mW 3¢ Ao wN 7mefty of /an weed met, SL neelpr wder"o! L
boe•le aant,uW ,rod aek¢owNdd¢d. b¢ a rooted, >wNm4 °°+d and °®nyad, ¢pd b these P,ooeab ds ea
pennk Lnafdq os-, ¢"n~a7e ud tmnxm a¢t¢ tm M>d mrae¢ ad t1¢ pxwd mrt, T,6dr Ldta ¢ml eodp¢o !atom, net
N fema% In c¢mmoa bet In lntnt N¢¢n9, ¢- tlu xallarma da:ed4d lot or puool M L¢d, dt¢¢tu N!¢d ¢td
beln¢ N eta Crmtly a! ~ P itlein ¢~ BNte ¢! C¢lmtd0. m vltf
A tract of land situated in the 84f1gNWl{ of Section 9,
Tow++oh i.p to South, Range 9e west of the Sixth princlpai
DteridLan, lying Westerly o£ the Easterly line of said
sWljP1N'g and Eeat of the HasteYly right-OP-way line aE
the Crystal River RaSlcoad Right-of-way, said tract
of land being described as #ollotisi Beginning at a
point on the Easterly line of said $W'xNN~6, whmnao an
iron poet with a brass sap, found in place and properly
marked Por the Nitnesa Corner to the Northwest Corner
of said Section 9 bears: a. 23°36'39" N. 2307.63 Eeetr
thanor. 95.64 Peet along the Easterly line of said sWi;Nwlx
to the 6outheast corner of property described in inatromerrt
recorded in Hook 251, ac page 725; thenoa waat SSB.6E
Eeet to a point on the.Eaeteriy right-oE-way line of said
railroad Aight-nf-way; thence N. 2S°oo'GO" 8. 111.'72 £eet
along the Easterly 1Lne of said Railroad rig}tt-of-way;
thence East 636.23 feet to a point on the 8aetarly 1LLa
of said SwadNNld, the point of 'beginning.
TOGETNBR NPPIi an easement and right of way over and across
thy: e;r 1st ing roadway as eatablisl;ed along the old Cryakal River
Railroad right-oE-way for Purposoa of ingress and egress to
said property.
GRANTOR reserves to herself, her heirs and assigns, a
fiaean (15) £oot easement ak the East End (Border) o£ the
above described property for purposes of a water pipeline
and for maintennnce of said pip~alina,
SUBJECT, however to tho Restrictive Cov6nantp set out
in 8xh ibis A, attached hereto, and by this reference made a part
of th ip conveyance.
RL1G.14.2000 5~49PM STEWRRT TITLE RSPEN N0.772 P.15i16
6001(~~
> ihueunto L.Uroltied~ ee a anrwlee
TOOL+T8E8 wltA +D e.el .iLRLI.. tAa },.;GdimIDOMa and .a{mrtei.iM
enpertatnins, LDo r.woad.n and rvamiose, mmaMta .eM [m^.f+dln, mate, le.oa.~ s~~ p.NrL~e°~ ~ 1ew~.r
unite. rDr1eG ilae, iitoLw+t. emhs aid d~.mi.a, wHh lD.r Dem °e weaamena sne snairkn.na°.
sealer. e:. m +nd ~ tha above t.ay+Llwi v. mte, mna aw eld
20 HA1'~E AND TO HOLD thopld Pwrnl.wLh.v.Daria4ma ewl d.sesN.d.wlat~~n0. fQ he[
i.Ttke °l tie e.Cmd asN. thdl' 3olA Lid Lpfliae d.aa.R• Aed LLn aNd WTt y
wif .her hive. +smitom, and .dmlaULntore do ww .oven.M, er+at~b.ri.t+•eddN~serrm°f
sold aartk. of Lie w...d G.rR sea. b.i.. etd asds+m, unt .t the time d to Pre, ert~t .D..la4a .ed Ndr..etiw
ub ehe la wall sei+.d at +A. vv+~ nbsm eonnr.d. n ~dn¢ nesaa Lnd Iswtal mawdb « peen h.o-
eet.b of PoDenimmx, h tsw. in ma ~ttda and h. a seed rLaLR _
s+N, ull sad e.nY4 tho same ii matnwr end farm GRon..M.mambn~mts a!d wbLbwr kMOdw ~ L e.AOr.
and saw! arMmr 6e.iilit. MI.L~ DL.S aLA.M ewa..waits
excepting 1971 real eat¢te taxes due and BeYable in 1972;
and tb. ehm.lMrca~ premtne is tM nakt rLd DeLMpGL PnewNl°i °[ ibe acid n.ra.e ad tDS sand PnN~ tWir
D.Ira and .eddnsr sa°is+tsQ i°d °v0~ ~~ ae ym.ns lawhd7a olaimina or t. dWm /LS wFde er.q port th.rod.
tA. a.Ld PsK Y d th. flint p.N ehe0 end will WAA6ANT AND SOB>aa8a DIIr6ND.
IN pLTNIDBa WylefaaOP eia Yid Cast y of No }un! Gnat h e DeremW eN her h.ad +~
suL tLa dei end sear >7m1 Lban written, ~~/r~~,+ d .~ (7~~
BIGneA,SaNdeM Daliea.ed la tL. ArLwu.a[ gy_a-".:,t-.L(+'..4 .._ `n%(.~]""~^-"81CAL1
.., l ' 6LENDA MC DaPALD
@fA'L'60a OO1.ORA00. ~n
Camdd Garfield J
"'=' of October
dLe SongnkR melmmmt wu ulma.rledR.d Dwma aw thh .9/ ~ ~~
' y ~.I'.'r"~uiy ~. .
L%L ~' ti lends M4 Donald ~~,: ";•f~Y r• [l L,1, ~,.:~.,.,
/ ~rO ie: Niti..5 enrhhplAn,PeRliliil~eesl•.~ `<~:..-
1• .l ~.~
RUG.14.2000 5~50PM STEWRRT TITLE RSPEN
CXnIgrT "A"
Restrictive Covenants
1. Said tract of land shall be u¢ed Ear residential purposes
only and Eor no other purpose whatscevax, and no buildings
shall ba ereeked, a.iterefl, placed, or permitted to remain
thereon other than one detached single-Eamiiy dwelling and ._
appropriate outbuildings.
2. 't'hat no tract shall be aub~divided into lore ox areas oP
le¢a than one fll acre nor shall any buildings ba erected
or placed upon any lot or arse of less than one (I) acre.
3. Ro nax loud or offensive actly tried aha 11 be carried on upon ~.
said property, nor shall atrything be Aone thereon which may
be or become an annoyance or nuisance in the neighborhood.
q. No structure oP a temporary character, trailer, basement,
tang, ahaak, garage, barn or other outbuilding of any
daft cription shall be used on said property at any time a¢
a %'961aanae, either temporarily or permanently, except that
a trailer home may ba used as a residence for a pariofl of
one year from date hereof.
5. No anima la, livestock or poultry of any kind shall ba zaised,
bred ar. kept on said property, except dogs, cats, horses and
other houeahold pets may be kept thereon, provided that they
era not, kept, bro8 or maintained for any aommerciel purpose.
6. That said premises shall not be vsea or maintained as e
dumping ground Eor rubbish or trash, nor shall wxedked auta-
mobiles ba stared or placed thereon, and said premises shall
be maintained in a clean and sanitary condition.
7. That all dwelling housed placed upon Che above 4eecribed
property shall be equ ippe8 with suitable indoor toilet
Eac lilt lee, and no outs l.fle toilet facilities shell be
need n° nonstxucted upon the shove described property.
B. That these restrictions shall be covenants running with the
land, and in the event oP violation thereof by second port lee
or subsequent owners of said property, the first party, Ter
heirs, executors, administrators or ass.",gas, may give thirty
flays' written notice of the violation o said covenants, and
in the event the se id violation shall not be corrected within
said thirty-day period, all the above des Bribed property, to-
gather with the improvemanta thereon, 6ha11 revert book to
and become the property of the first party, her heirs, executors,
administrators anfl assigns.
~ MAY-09-2000 TUE 10:38 AM FAX N0. P, 02
ASPEN/PITKL~i
CONYMti~iZT`Y DEVELOPyIEYT DEP~RTI~IE~iT
--~breement for P:~~~ment of Pitkin ("o~u rv_Develr,Zpmenr gyp, licarion );'ees
PITIC.li\i COC:NTY ihereinaher COL'~iTYI and William Dorais
hereinafter APPLIC,~.NT) .-~GREP .~5 FOLLO~b S:
1. APPLIC.\NT has submitted to CO(.NTY an appiication ?er
_]041 Hazard Review and Lot Line Ad.iustment
(hereinafter, THE PROJECT).
Z. APPLICANT understands and aYrees that Pitkin Court;: RasoIution
No. 9g-7 establishes a fee stntctitre for Plam~ing applications and the payment. of
all processing fees is a condition precedent to a determination of application
completeness.
3. APPLICAw'L and COUNTY agree that because of the size, nature or
scope, of the proposed project, it is not possible at this time to ascertain tha full
extant of the costs im;olved in processing the application. APPLICr~.~T and
COU`i`1TY further agree that it is in the interest of the parries to all APPLICANT to
ntake payment of an initial deposit and to thereafter permit additional costs to be
billed to APPLICANT on a monthly basis. APPLICA.til' agrees he will be
benefited by retaining greater cash liquidity and will make additional payments
upon notification by tha COLTITY when they are necessary as costs are inau-red.
COUNTY agrees it will be benefited through the greater certainty of reco~•erin~ its
full costs to process APPLICANT's application, v
4. COUNTY and APPLIC?u~IT further agree that it is impracticable for
COLN'I'Y staff to complete processing or present sufficient information to the
Planning Commission and/or Board of County Commissioners to enable the
Planning Commission, and/or Board of County Commissioners to make lebally
required findings for project approval, unless current billings are paid in full prior
to decision. '
~.~
'' tIRY-09-2000 TUE 10 ~ 39 RM FRX N0. P. 0
5. Therefore, P,PPI,TCAi~IT agees that in consideration of the
COUIv'TY's waiver of its right to collect full fees prior to a determination of
application completeness, APPLICAc~1T shall pay an initial deposit in the amount
of `S which is for hours of Planning staff time. and if actual
recorded costs aaeed the ir_itial deposit. .~?PLIC.-~~IT shall pav additional
monthly billings to CO[.~i iTY to reimburse the CGC.~iTY Tor the processim? of the
application mentioned above, including post approval review. Such periodic
payments shall be made within 30 days of the oillinb date. APPLIC~vT further
aJrees that faiiurz to pay such accrued costs snail be ?rounds for suspension of
processing.
PITHIN COU`iTY
Cindy Houben
Community Developnbeut Director
APPLICANT
~a ~_~
Print i(\~lame ~\\\\\ ~~
Signature
Date 5-\1-?~rt1- -^~--
iVlailing Address:
Box 391
g:lsopportUo rmslagrpaypt. doc
12/30/93
Carbondale, CO 81623
:'
RECEIVED
County of Pitl~a }
• } ss. AUG 21 2000
Sate of Colorado } pSpEN ! PITKIN
COMMUNITY DEVELOPMENT
•
AFFIDAVIT OF NOTYCE PURSUANT
TO ASPEN LAND USE REGULATION
SECTION 26304.064 (E)
I, ~EFFft.~'i' tYl • 1~1 ~. .being or representing an
Applicant to the City of Aspen, personally certify that I have complied with the public notice
requirements pursuant to Section ?6.3Q4.06q (E} of the Aspen Land Use Regulations in the
followil:g maser: .
1. Hy mailing of notice, a copy of which is attached hereto, by fast-class, postage prepaid
'~
U.S. Mail to all owazcs of property with three hundred (;00} feet of the subject
z.c~oo
property, as indicated oa the attached list, on the I~ day of J-v~Y .-I9~"` (which is 32
days prior to the public hzaring date of $~5-cp ).
?. By posting a sign in a conspicuous plat: on the ;abject propem• (a; it could be seen
from the nzarest public wav) and that thz said sign ~1~~ posted and visible cor_tinuously
20~~
from the a4~-~ day of 3~~.Y , •}-9.9- , (~,l~t be posted for at le~~: ten (i0) full
1
days before thz hearing darz). A photograph of the posted sign is attached hereto,
fop~~~'+'id3g n3acwel:
Y
pugL,IC NOTICE
DATE -~s-oo
TIME - = ~,~~ ~ "'
N~~I S,.
PLACE
`ANY }, ,_ `~ . , E
i ,-; .. ;
L
r
5 i,naturz
me this ~ day
1,~~ ,I99 by.
~-~f~o
WITNESS N1YH~~TD ~
I1~fy commission e;cpires:
SEMI.
No bllc ; R
Notary Public's Sigz~atvre
ADJACENT PROPERTY OWNERS
North Linda Graham
531 Dorais Way
Redstone, CO 81623
South National Forest
East National Forest
West H.C. Blakewell
4009 Hildring Dr. West
Forth Worth, TX 76109
~~,
PUBLIC NOTICE
RE: DORMS 1041 HAZARD REVIEW & LOT LINE ADJUSTMENT (P64-00)
NOTICE IS HEREBY GIVEN that a public hearing will be held on Tuesday, August I5, 2000 at
a meeting to begin at 3:OOpm or as soon thereafter as the conduct of business allows, before the
Pitkin County Hearing Officer, Commissioners Meeting Room, 506 East Main Street, Aspen to
consider an application submitted by William Dorais & Victor Kotwicki, Jr. requesting 1041
Hazard Review approval for the construction of a single family residence and customary accessory
uses and a Lot Line Adjustment approval to reconfigure the lot lines between three contiguous lots,
eliminating one of the lots. The property is located off of Dorais Way, 1.5 miles North of Redstone
and described as pazcels of land situated in the S W '/< of the NW '/a of Section 9, Township 10
South, Range 88 West of the 6`~ PM. For further information contact Tamara Pregl at the
Aspen/Pitkin Community Development Department, (970) 920-5103.
s/Lance Clazke
Pitkin County Hearing Officer
Published in The Aspen Times on July 15, 2000
Pitkin County Account No. 002.02
~ava~5
7671
Post-its Fax Note Dade 7 i t pages ~
~/~
70 ~C ~leV From 1CIn~C
Co./Dept. Co.
Phone# `1G3 - fora l Phoneu ~ _ 5 t Qq
1
Faz k 7~ _ G Fax p
Saturday-Sunday, July 1516,2000 • The Aspen Times 13D
Each phase may be bid separately: In
`
PUBLIC NOTICE 0
ASPEN/PITKIN COUNTY AIRPORT 1
PLE43E TAKE NOTICE: That the RoaM of County GENERAL AVIATION RAMP AND TAXIWAY PAVE-
Commissloners of PltkiA County, Coorado, at Its MF:NT MAINTF.NANCF.
ILL ANU
'
regular meeting nn June 2R, 21NX1, anA alter a . M
CRACK SEALINQ SEAL COAT
I u
duly-noticed public hearing, adopted the follow- RF.PLACEMF,NT
and Instrutlions vs Bidders will (fi.
i
l
ing Resolution:
RESOLUTION OF THE BOARD OF COUNTY GDM- ons
icat
5ped
be available to Inleresierl parties on and alter
M15510NER5 OF PITKIN COUNTY, COLORADO, 1000 a.m., local Ilme, Jvly 17, 2IXN1. at the olfice
APPROVING THE DANCIGER/TYBAR RANCH of the DIRECTOR OF AVIATION. 0233 E. Airport R
SUBDIVISION/PUD UETAILEU SUBMISSION, Road, Suite A. Aspeq Colorado 81611, phone TI
FINAL PEAT AND CARETAKER DWELLING UNIT (g70) 9205384. ll
(P17499)
Notice of Public Hearing published in The Aspen Bids will be received ai the above address until Nl
gB0 a.m., Inca) time, August 1, 21100, al which w
Times on May l3. 2000. Copies o[ [he full text of lime they will be opened publicly and read. m
the Resolution are available for public inspec- pll bidders are required In ezamine the site to PI
The R
lion during regular olfice hours In the olfice o[
530 E. Main 51.. Aspen.
Ih^"" •rk and Recorder become lamfliar with all site anrditions.
protect will be shown to imaesteA bidders at si
f
,
(~ Jo 81611- Phone: C970) 920.5180.
k 10:00 a.m., Jaly 26, YOIXI, al 0233 E. AlrPOrt Road, o
Amse at the site visit is
t
A
Jeanette Jones, Deputy County Cler en
t
pspe¢ Colorado.
f
Published in The Aspen Times on Jaly I5, 201)0. mandatory for those submitting bids.
uired m provide a bid bond P
he re
PUBLIC NOTICE q
Bidders may
or other acceptable bid security in the amount u
tl
NOTICE IS HEREBY GIVEN to the general public M IR'X. (ten) of the bIA price anA shall Ire
Thal on June 20. 20110, the HearlnB Ofllcer of reVnired to ^nrviAe a Performance. bonA rout II
Pllkin County granted aVProval for 1041 Hazard labor anJ matedak payment band in [be A
Conceptual Submission & Caretaker
Review amount nl 11X1'% nl the bid price. I
,
DweII1nR Unll aVPlicalbn for the Alexander Pitkin County reserves the right to rrlecl any q
Anderson CP47-UO) property heated smnheast anA all biAs anA hr amenA qumnilles to match
nl the Aspen dtY Iimlls on Stale Highway R2 available hmdinR. BIAAers Wray submit a bid on
directly across Irom the North Slar Nature
Preserve and is descrihed as a tract nl land situ- any or all of the three phases.
Work Is In he performed nn sooner Ihml August (
sled In Lm 13, Setllnn 17, Township 10 South, IG, 20W and mmpleled not later Than October
Range 64 West of the 61h PM. This site spedlic IR 211W Questions or comments should he
development plan grants avesled property right directed ro the following individuals.
pursuant to Tllle 24, Article 68, Colorado Peter Van Pell, Director of Aviation
A
Reused Statutes.
9/Lance Carke, Hearing Oiflcer V233 Fast Airynrt Rnad. Suite
Aspen, Colorado Rlfil l t
Pitkin County, Colorado Phone: 970.92-5384 1
Published In The Aspen Times on July 15, 2IX70. Fax: 97(4926537R
Rey Krebs, Assls[md Airport Dlreclor\
PUBLIC NOTICE 0233 East Alrporl Road, Suite A
NOTICE IS HEREBY GIVEN to the general public Aspen, Colorado 81617
that on July 6. 20110, [he Hearing Olflcer of Pitkin published in The As en Times July IS and 22,
P
County granted approval for the 1041 Hazard & 2011(1 (69779)
Scenl< Review application for the City of Aspen pUeLIC NOTICE
Par~epartmenl (P6(5-00) to construct two
pe an bridges over Maroon Creek and X gE: BRAUN RANCH SETTLEMENT PROPOSAL
1 ,
Ca reek Roads adtacen[ to the roundabout
The Maroon Creek Pedestrian Bridge will be i1.l3ggg)
NOTICE IS HEREBY CIVEN that a public hear-
approximatety 200 feet south of the Kiss and ing/spalal meeting will be held on Tuesday.
t
i
b
Ride exit on Maroon Creek Road and the Castle
k Bridge will be located approximately 500
C n a
eg
August I5, 21100 al a regular meeting in
3;00 pM or as soon thereafter as the cnnducl nl
ree
fee[ souMeasl of the roundaMut and 500 lest business allows, before the Board of County
northwest of Meadowood Drive. This site spa-
lan grants a vested property
nt
l Commissioners, Plata One Conference Room,
Main 51., Aspen to consider an application
530 F.
p
opme
dlic deve
right pursuant to Tllle 24, Article 68, Colorado .
submitted by SL Clair Company, LLC, requesting
es
35
ReWSed Statutes.
a/Brian Pei[et Hearing Oltlcer . acr
approval to develop ll parcels of
each: 10 0l which will contain single family res-
Pltkin County, Colorado idences and 1 0l which will be owned In com-
Published In The Aspen Times on July 15, 2000. moo and contain a ranch management facility.
The following approvals are requested:
PUBLIC NOTICE
NOTICE IS HEREBY GI
l
m
ge • 1041 Hazard Review & Conceptual Submission
establish bullding and development
munl
ly
Co
2000 the
that on June 30,
Development Director of Pitkin County granted to
envelopes on each parcel:
.GMQS Exemption for Histodc Uwellinq Unit;
approval for the AdminlslraHve Caretaker
llin
D
Unlt ap
m
I
l
l ~ GMQS Exemption for Replacement Unit;
tion & Special Review for TDR
em
S E
M
g
we
{Ik
[er
d off nl West Ru[
cate
lo
property (P651)0) x
p
Q
• C
Receiver Sites;
Road and described as Lot R. Eagle Pines ~ GMQS Exemption & Special Review for 10
Subdlvislon. This site spedlic development plan Caretaker Dwelling Units.
vested property right pursuant to Title
is loca[eA on off of Lower River
rt
t
gran
s a
Artlde 68, Colorado Revised Statutes.
24 y
The prope
Road and Woody Creek Rnad and is described as
,
s/Cindy Houben , fart 2, Elam Subdlvislon. The application/resolu-
Communlty Development Director lion are available for Vublic inspection in the
Pitkin County, Colorado Community Development Department, City Hall,
Published in The Aspen Times on July 15, 20011. Galena SL, Asper) CO RI611.
190 S
PUBLIC NOTICE .
For lurther infmmatlon, contact Suzanne Wnlfl
' " " OI at (970)9'L051113.
Deputy County Clerk
Jeanette Jones
,
DEVELl1PMENT APPROVAI,
Notice Is hereby given to the general public of Roartl of County Commissioners
blished in The Aspen Times on July I5, 2(X10.
l
P
an
the approval of a site spedflc development p ,
u
and the creation of a vested property right par- PUBLIC NOT E "
of As
en ~
"A LY3T-LINE
Cil
h
p
y
e
suant to the Land Use Code of t R R0
and Tllle 24. Article 68, Colorado Revised AD ~.64{pJ
Stattitea, pertaining to the Inllowing tleacrlbed NOTICE. IS HEREBY GIVEN that a public hearing
properly: Lot 3, Second Aspen Subdivlsinn by will be helA on Tuesday, August 15, 2000 at a
Adminlstratlve Decision of the Communit y meeting to begin al 3:OOPm or as soon thereafter
Development Dlrectnr on June 19, 2000. as the conduct of business allows, before the
For lurther Information contact Julie Ann .Pitkin County Hearing Officer, Commissioners
SU6 Fast Main Street Aspen to
[ the AsVen/ PI[kin Community Meetlng Room
.
Woods, a
Development Dept. 130 S. Galena Sh Aspen, consider an application submitted by William
Jr. requesting In4i
& Victor Kotwicki
i
0
.
Colorado (970)920.509
Published in The Aspen Times on July 15, 200 ,
s
Dora
0. Hazard Review approval for the unlstrucilon of a
PUBLIC NOTICE single family residence »nA customary accesso-
ry uses and a tut Line AAlustment approval m
NOTICE TO CONTRACTORS. reconfigure flee Inr lines between three comigu-
one of the lots. The proper-
atin
li
i
INVITATION TO 81D g
m
n
ous lots, e
ty Is located off of Dorris Way. 1,5 miles North n(
AOA PROJECT
r
e
) o
t
t m
nSW 1/4rofelhesNWrl/4 o(i SecHOnt9.
h
o
st
lollowing
Prole
r Ihe
ors
d contrac
qualilie e
l
I
ated
Range AR West of the Glh 1'M. Terrace Road shall he widened ol
ro- Ieveilnpmeul appr rust for pmpelNes accessc I
o ml II b
10 Smdh
shi
,
p
wn
r lurther inhrrnralinn contact Tamara I'rt•gl at I e p
i
R feel wherever Possible, P 1
1 5(NI font intervals anA swllchhack by the Shield 0' Road. the applicable County
d
d
the Aspen/Firkin Community Development v
Department (970) 920-5103. c a
l
e
arves shall have a minimum 511 loot Inside N
eowners Assoclall n.larl ss¢ihladdress rand
l
s/lance Clarke, IYtkin Crnmty Ilraring Illlicer radius, with a "bubble" outside radius 0190 fool. p
" o
m
hone number as may be provided by the
to determine
blished in The Aspen Times on July 15, 20110. whenever possible.
ih Steve Hnwanl Irmo the Basalt Rural Fire Association Irom lime m t{me,
B
d th
7
n
e
.
755)
I'rolection Uislricl and Rud EYlaq the Coun1Y whether or not the applicant has lolne
r of the Mesa Road Improvement
i
i
on o
at
PUBLIC NOTICE Engineer, have agreed Thal the IollowinR stun- Assoc
s dent l
who tcannacc~s wlthoul using IShield 0"
t
ls
S
l
l
ON 26.71(1.170 OF TH DCITV OF ASPEN LAND o
s
s br emergency servke
re
and
eg
ngress
lmummad width o1181eet I61eet of road Road).
Mi
E CODE,
)TIC( IS HEREBY GIVEN that a public hearing n
a.
width, a 1 Toni shoulder nn each side. 3. Tn the extent permitted. by law, any Vroperty
who use [he Shield 0' Road and who are
II be held nn Tuesday, August 1, 20W, at a
in at 4:30 p.m- before the Aspen
In be
tf b. The roaA shall be sloped al a minimum of
1 yrX, to allow for drainage to be collated in the owners
not yet members of either Association shall be
Association as a condition of
i
th
g
ee
nR
inning and Z.oninR Commission, Sister Cities insiele flitch: culverts will be ins1a11eA as neces_
h n
e
required to lo
any land use approval or building Permit
rcnn, City Hall, Ito S. Galena 51.. Aspen, to con-
Aar an application submiReA by Kolor Wheel e
nary to eliminate water from Bowing across t
road requested Irom [he County, and to pays pro-rata
nts and interest as Provid-
Aspen reVuesting approval for a arrle amend-
ent In Section 2fi.710.170. Neighborhood c All Aownhlll vegetation shall be kept mowed
below the elevation nl the outside shoulder' share of the assessme
ed for in the Protective Covenants.
Chair is aulhodzeA hr sign the Rnad
4 Th
ommerrial 7.one UL trio that would allow a
ceramics studio as a permittel d. Street signs shall be InslalleA at all road inter- e
ImDrm'emenl Agreement with [he Shield O'Terrace
slot-y~ur.rwn
in Iha zone district. Thd properly Is within
merclal (NG) Zone
G sections.
e. All improved prcgmrty owners shall have a
d
` Homeowners Assxlallon,in snbstanllally the lnrm
submllteA al the Public hearin8, anA to execute
rm
m NeighhurhooA
istricl mrA is IocnieA al 720 E. Durant Fnr fur-
conlacl Nick Lelack ai the
U el-
properly address at [he inlerseclinn of each
rl pursuant to County standards.
rna
vew.ry and such other documents as may Ise necessary hr
accom fish [he purposes nl this Ordinance.
On,
rer udonna
en/I'ilkin Community Uevelopment
s p
p
f. Fnr the ur se of wild Tire s~p
n water
ll INTRODUCED, FIRST READ, AND SET FOR PU6
e
e4wrtmori, 1111 S. Galena 51., Aspen, CO (970)
us
co
h
i a
o
Aswciatlnn will install two IV, 11 R Y
shrmge tanks al the locations a r Waved b the LIC HEARING ON THE. 12th DAY OF JULY, 200(1.
E OF PUBLIC HEARING PUBLISHED IN
.
,
aspen.
c
20-5(195, nickl
s/flab Blaich. Chair and Rural Fire Protection District.
asal NOTIC
THE WEEKEND EDITION OF THE ASPEN TIMES
Aspen Planning and Zoning Commission
nblisheA in The Aspen Times nn Jury I5, 2000. i
g
p y
Ira movements to curves I-5 shall tom I as
closely as possihle br the minimum standard nl ON ISIh UAY OF.IULY, 2IXN1.
APPROVED UPON SECOND READING AND
G97R5) SV.O feet radius al centerline. The improvements PUBLIC HEARING ON THE 261h DAY OF JULY,
PUBLIC NOTICE, shall range hetween 35 teal to 50 leer at center-
line anA shall be set in the field at the direction 2000. PUBLISHED AFTER ADOPTION IN TFIE
WEEKEND EDFTTON OF THE ASPEN TIMES ON
OTICE OF PUBLIC HEARING of Steve Howard of Basalt Rural Fire Protection THE 5TH DAY OF AUGI)SFr 2000•
LEASE TAKE. NOTICE:
Tlmt the RnarA of County Crnnmissinners M
l District and Rud Eylar, Pllkin County EnRlneer.
There shall beaminlmum ol2 pull nlis on the
h Copies of the enlire Ordinanceare BVallahle for pub
at the Clerk and Recorder's Ollice,
ti
ic
'Itkin County, Colorado will umducl a pub
Ordinance al 2:00 p.m.
in
bll
h .
Shield 0' Rnad at locations to be determined by
tion
t
P on
Ile inspec
Jeanette Jones, at Ci30 Eml Main Street Aspen,
ow
R
e
rearing nn t
on the 2fith day M .July, 2(X111, at CItY Hall, 110 ro
ec
Steve Howard ni the Basalt Rural Flre
District `;dA pull oils shall be a minimum o110 Colorado 81611, dudn8 regular business hours.
weekend edition of The Aspen
th
d I
South Galena Street, Aspen, Colorado ftlfill, al
which lime and place all members of the public lee[ wide and 50 Teel long"
tion has agreed to provide. poor
i e
n
Publishe
Times on July 15.2000. (69776)
may appear and be heard
AN ORDINANCE OF THE BOARD OF COUNTY a
R The Assoc
to final a roust of this Ordinance, except a5
Pp
mation:
I
f
PUHLIC NOTICE
COMMISSIONERS OF PIFKIN COUNFY, C04
96
19 n
or
indicated, the following
a. The Association will provide easements from REVIEW 7460
RE: FEET 1041 HAZARD CP
TICE IS HEREBY GNEN That a public hearing
-
ORADO REPEAIJrvG ORDINANCE NO.
BY UFTINC THE MORATOIUUM ON ISgl1ANCE the property owners whose land is allected by
turn radii or by the installation
[h
I NO
will be held on Tuesday, August 15, 2810 a1 a
fter
h
OF BUIIDING PERMITS FOR DEVF-LOPMENT
HE n
e
increases
of water tarrks, giving permission for the erea
meeting to begin a[3:OOpm or as soon t
nduct of business allows, before the
h
OF REAL PROPERTY ACCESSED BY T
SHIELD O'ROAD AND APPROVING A ROAD
"
' ' im rovements.
P
The Association will advise the Board con-
h e co
as t
Pitkin Count Hearin Officer; Commissioners
306 Pas[ Maln Street. Aspen to
om
R
M
n
ERRYaCE
1
AGREFMEIYf WrITI THE SHIELD O .
earning the lime frame for [he completion of [he ,
n
o
ee
consider an application submitted by GerVUde
HOMEOWNERS ASSOCIATION road improvements, and will update the Board et re vesting 1041 Hazard Review approval to
P
I. In [he summer of 199fi, the Board of County
ed Emergency Resolution m the number of property owners who have e
estebilah a building envelope encompaasing an
Commissioners pass
followeA by Ordinance No. 9619, estab
!IIi145 IoineA the Association.
The Association shall provide an updated Ilst exlaling alrvdure. The property Is located at
133 and Is described as a tract of
,
Ilshing a moratorium on the Issuance of bullding
t c.
of property owners who could become roam- 5342 HlghwaY
land situated In the SEI/4 NWI/4 0l Sedlon 22,
y
permits for development on real proper
[he Shield 0' and Mesa roads and
d b hers of the Association, and shall report [o the
ither [he Terrace or
i ToMnahip 9 Snulh, Range 86 West of [he 6th PM.
Nellis
M
B
i
y
accesse
tandards for Shield 0' and Mesa
d n e
BOCC nn membership an
c
r
For further Informaton contat[
t
l
s
modifying roa
roads. The necessity for the moratorium is reef[-
- the Mesa Association.
d. The Assoclatlon shall provide pmol of incor- opmen
at the Aspen/Pitkin Community Deve
Depar[menh (970) 9205099.
ed in Ordinance 9619.
i pnration, approved By-Laws and Consents s/Lance Clarke. Pitkin County Hearing Officer
es
2. The moratorium affecting propert
ccesseA by the Mesa Road was lilted by recorded for those property owners who have
d published In The Aspen Times on July 15, 20V0.
a
Ordinance No. 97-33. .
already joine
The Board of County Commissioners has Inds-
g
3. Various property owners whose property is
the Shield 0' Road have met with
d b ,
rated its willingness to require, to the extent
owners
ert
ro
th pURLIC NOTICE
ORDINANCE NO. 26
y
accesse
the Board nl County Commissioners in work ses-
ith Count
d y
p
er p
emitted by law, any o
~ o use the Shield 0' Road and who are not yet SERIFS OF 2000
N ORDINANCE OF THE CITY COUNCIL OF THE
y
w
sions Irom lime to time, worke
Stall anA the Basalt Rural Fire Protection Dis[ric[ members of the Assoclatlon to loin the
condlBOn of any land use
' A
CITY OF ASPEN,COLORADO,REPEALINCSEC-
and have developed a plan to improve Shield 0'
and to install
ble standards
t as a
Assoclatlon
a roust or building permit requested Irom the
pP
re of the
h TION 10.04.0700E THE ASPEN MUNICIPAL CODE
IN ITS ENTIRETY AND ENACTING A NEW 5 -
,
a
Road In accep
water storage facilities as required by paragraph a
Colmty, and to pay a pro-mla s
assessments and Interest as provideA for In the S ro POERIv11MTSTFOH REL EF FROM X01 SE
Tp
N
r
12 0l Ordinance 96-19.
4. This Plan Includes the incorporation of the
tl protective covenants.
10. The AssoclaHon has agreed to keep the i.
n
F
RESTRICTIONS. '
din
b
-
perviously unincorporated homeowners asso
z a nun-Droll! rnrPnratlon named the
i Community Development IkParlmenl adWSeA
Pho
tel
an
ss
d
a S Galena~Aspen,
C-Jerk. 73U
CfiPCe oof the Cl
nn. a
at
Sheld O'Tbrtace Homeowners Association, the
n ~~
d e
i
i
'n
i I alrpOmaattl~ Ascnc
a Colorado. daring normal business hovr.+.
Passed and approved this
FINAhLY adopted
'rn
rslnblishmmrt o1 Ry laws for Ibe AawrJa
aration of a consent form whereby
h Cognly Io Aelurmine, bl mnnedion with any
menl approval
Aevelo ,
10th day of JUly 20110.
or
M
h
d
e prep
t
properly owners whose properly is accessed by p
building Permit or
uested Irom an aflecleA property owner, that
re s,
ay
ar
Rachel E. Ric
pT-fFST; Kathryn 5. Koch, City Clerk
Shield 0' Rnad may voluntarily loin the
d thus become members of the q
the property owne
mbershlp Ilntithe
ir
o Published In The Aspen Times on July I5, 2000.
Association, an
i of an excavation e u
me
e
and it not, 9 d ounts 9
S
)
P
N
P
Assodalinn, the submiss on
permit [o the County In order to undertake the
road Improvements required by Ordinance 9619
as modified herein, and a road maintenance
agreement far the Shield betweenerra~~
Homeowners Association. '
Association and Pitkin County.
5. There are existing protective cov [suant I~o
the Shield O'Termce properties, p
which the Nnmeawoers' Association hss Inr
years unproved, maintained. repaired and
plowed the Shield 0' Road and assesseA the
properly owners. The incorporated Association
is the successor to the previously unincorporab
ed asociation.
fi. Ordinance No-9619 provides the Inllowin4lnr
the Shield 0' RoaA (a/Wa Terrace Road): "The
1 .I
Assoclatlon and payment of Paet ue am
as a condition of approval or a condition of
issuance of any building permit.
I1. The Board of County Commissioners Is satis-
Iled that the plan established by the property
owners In [he Shield O'Terrace area, as recited
herein. does adequately address the health and
safety concerns expressed in Ordinance 9619,
and that the lilting of the moratnrlum nn build-
ing permits for that area is approprlale ai this
time.
NOW, THEREFORE, BE IT ORDAINED:
1 The moratorium on building permits Inr
property accessed by the Shield 0' Road, as
established by Ordinance No. 9619, is hereby
reheated.
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Aspen, Colorado 81611 _ -: -' - - -- '
X970) 9p5.y174
PUBLIC NOTICE
NOTICE IS HEREBY GIVEN to the general public that on August 15, 2000, the Hearing Officer
of Pitkin County granted approval for 1041 Hazard Review, Conceptual Submission and
Subdivision Exemption for a Lot Line Adjustment application for the Dorais (P64-00) property
located off of Dorais Way, 1.5 miles North of Redstone and more specifically described as parcel of
land situated in the S W '/< of the NW '/a of Section 9, Township 10 South, Range 88 West of the 6s'
PM.. This site specific development plan grants a vested property right pursuant to Title 24, Article
68, Colorado Revised Statutes.
s/Lance Clarke
Hearing Officer
Pitkin County, Colorado
Published in the Aspen Times on September 30, 2000
Pitkin County Account 002.02
Saturday-Sunday, September 300ctober 1, 2000 • The Aspen Times 15-C'
I'UHLIC NOIICF:
NUUCI'. IS ill'.REIIY hIVIiN Iv the general public
(bat on Septclnber 111, 20110, the Community
Uevelopment Uirector of Pitkin County granted
appmv¢i for the Adminislretive Caretaker
Uwelliny Unil applicallon for the Rmrl Droperly
(P III601q IocaleA at 11:166 Ilarsesboe 1lrive
Itasnll vvl dcsmibeA Lnt R. Ihnble K
Subdlvislun.'Fh La slle spedlic Aevelupmmn Plan
grants a vested Property right pursuant to Title
2A, Arlide 68, Colorado RevLSed Statutes.
s/Cindy llauben
Community Uevelopment Director
- Pitkin County, COloroda
Published in'I'he Aspen Times on September 30,
21X10.(75075)
PUBLIC NOTICE
N(ITICE LS Iff.REBY GIVEN to the general public
that ml August 15, 21100, the Hearing Officer of
Pitkin Cooney granted approval for 1041 Hazard
Review, Conceptual Submission and Adjustment
application for [he roperty
Subdivision Exemptio ors o me ocafed oft
of Dorais Way, 1.5 miles North of Redstone and
more specifically described as parcel o[ lend sit-
uated in the SW 1/4 of the NW 1/4 0l Section 9,
Township 10 South. Range 88 West of dre 6th
PM. This site specific development plan grants a
vested properly right pursuant to Title 24,
Article fib. Colorado Revised Statutes.
s/Lance Clarke, Nearing OUicer
Pitkin County, Colorado
Published in The Aspen Time on September 30,
211W. (70574)
PUBLIC NOTICE
RE: ASI'CN VALLEY SKI CLOD PUU AMENDMENT
N(1"f ICE IS HEREBY GIVEN that a public hearing
will be held nn Tuesday, October 17, 2000, at e
meeting to begin at 4;30 p.m. belure [he Aspen
Planning and Zoning Commission, Sister Cities
Meeting Room, City Hall, 130 S. Galena SL,
Aspen, to consider an application submitted by
the Aspen Valley Ski Club requesting approval of
a Pl1U Amendment for a variation Irom the sign
requirements. The property Is totaled across
from Aspen High School M 0300 AVSC Lane.
I'nr lurlber information, contact Fred .layman al
Ihr Asyru/I'll klu l'nlnnulnliy Ihvrlnpnuml
IIrP;vllucnL 1311 S. Galena SL, Aspen. CO (970)
D'L0.•i I (IL. Irrd IFlri.agren.lrtne.
xp3nB nl:ddl, 61:IIr
Aspen Planning cool 7.oning Commission
I'ublisbed In'I'he Aspen Times mr September aft,
11X10. (7511Ki)
PUBLIC NO'T'ICE
OI
UF.VI:L(11'MEN'f AI'I'I20VAI.
Notice Is hereby given In the general public of
The. approval of a site specilfe developm¢III Plan,
and the creation of a vested property right pur-
suam )o the Land Use Code of the City of Aspen
and Title 24. Article 68, Colorado Revised
Statutes, pertaining to ore lullowing described
property: Unit 101. La Neige Naplin
Condominiums, by resolulimr of the Planning
and ZuninK Cununisslon numbered 43, series of
2(IUU.
For lutlher inlnrmatiun cmdnct Julie Ann
Woods, al Ole Aspen/Pitkin Community
Development Depl. 138 8. Galena SC AsVen.
Colomda (9111) 9205090.
PublisbrA in The Aspen Times on September 3Q
LOW. (75984) _
PUBLIC n'OTICE
COUN'I'y ('OIIIiT, PI'IXIN COUNTY. COLORADO
Case No. IIIIC'211N
081158 5(112 ('IIANGF.OF NAME.
IN'I'I ll'. MA'I"Fhai l1P'I II[: I'1:1'I'IIIIN lIP Sue
G. Uirkes, I'elitloner.
OIiUPai F(IR rUIt1.ICATION
'Fhe Court having reviewed the Verilied
Petition Inc Name Change tiled in this matter
and and being advised in the Prmnises finds nnA
orders as Ivllows~.
Thnt the slatmnenta mode in the Verilied
Petition for Name Change aze true that the
desired change nl name is proper and nut detri
mental Iu the interest of any usher person, and
that the regnesl of the Petitioner should he
granted.
II' IS ORDF,RED:
L Thnt the lame of Sue G. Dirkes is
changed to Sue Anne Gnllith.
L. That the Petitioner shall, within tweet
(10) days from the date hereof. of give publi
notice of such change by publication al leas
Ihne (3) !Imes in The Aspen Times, a newspa
per, Published in Pitkin County.
UateJ:
BV'I'lIE COURT
Ry
s/Erin Femand¢x-Ely, County Conrl .lodge
CERI'll$A'fE OF MAILING
Glenna L. Mulnlck, Clerk o[ the Court/Depot
(Tack
9/7/(111
Published in The Aspen Times on September 2
311, and October 7.20(10. Q4796)
PUBLC NOTICE.
CCIUNFY COUR'T', PITKIN COUNTY. COLORADO
Case No. OUC210
(112DER I'Ol9 PUBLICATION ANU CHANGE U
NAME
IN 'Fit[ MAITLR OF THE PE3'f('ION FU
'I'II[ CIIANGF; Ill NAME OF Patricia Kay Kell
I'etitiuner.
(181158 PIIIi PUI3I.ICA'fIUN
The Cmni having read and considered tl
Petition [nr Change o[ Name and the petitioner
allidavit, and the Court being sufficient
adviseA.
FINDS: 'Heat the allegations made in s0.
yetilion and allidavit satisfy all statuto
requirements'.
ANU l'HF. C(IUI2'F PUR'fHER 51X115: Tli
the deslreA change of mm~e is proper and n
Jetrlmenml to the interests of airy other perm
I'F IS THE.RP.FORE (IRDEREU:
I. That Pursunnl try slapne. Pd Ilion
shall give puhllo notice 0.I s11CI1 rhongv III (lull
by Dublication of Public Notice throe (3) times
"TLC Aspen -(floes, a legal newspaper. PuBlish
in s:dd county. Th1 publication Is Ur be coal
wit hie 211 davs ul the Aate of this Orzler. Prop
pnssd of publication shall he filed with the Cle
nl [hc Gnul upon final puhiicatinn.
1. Thal upon Pnurf ul Publication bet
tiled with the Clerk ul the Cuuri. the name
I'atncia Kay Kdly wlli be ehnnged hl Gold
Sha.
lurevrr LurreA. ( hence A (NI"114'01' W, R2fi.35 leap (hence S 53
Lull Martin. Personal I2epresmliative 011'flfi'llri" k:. 968 52 leap thence 5 82°58'01" W, SI
I'emnnal liepresmnalive 13UJ11 teal: thence AOL351eet along the arc of a N
"
1616 Sheridan Road non-tangential curve to the felt, having a radios N
Wilmette, IL 60091 of 353.81 feel, a central angle of 64°59'46", and N.
Published in'1'he Aspen Times September lfi, 23, subtending a chord bearing 5 74°42'45" W. N
30, 2(1(X1. (74350) 3X1218 feel: thence 155.78 feet along the arc of a 5.
~
S
compnunA carve to the let[, having a radius of
IRIIiI
IC NUI'ICI:. 130.W teat a central angle of 6A°39'35", and sub N
.
ULS'IRIC'f COUR'T', PITKIN COUNTY COLl4RAD0 tending a chord bearing 5 07°53'US" W 146.63 N
Civil Action No. 1111-CV-270.1 feet; (hence Ifi.7U teat along the arc of a reverse N
NOTICE, f1F HEARING ON PETITION
' curve to the right, having a radius of 15.001eet.
N
"
`
-
IN RE S'HF. ORC,ANIZATI(IN OF FIVETREPS ME3 and subtending a
4T41
a central angle nl fi3
N
ROPOLITAN UIS'fRICT, PITKIN COUNTY, CUG chord beerinHSU5°2T0TW 15.85 feet; IhenceS
N
"
°
'
OINUO 33
W.
06
37"20'5X" W 6.59 feet; (hence 5 46
N
"
°
'
PUBLIC NO'T'ICE IS HEREBY GIVEN [hat Ihne E, 38.84 (eel; thence
02
59.521ee1; thence 52
39
was filed in the Dis[rid Court In and for the 64.401eet along the arc olanomtangenl curve to S
County of Pitkin and State of Colorado, on the the right, having a radius of 95.00 teat a central S
20th day of Seplembe4 20110, a Petition entitled angle of 38'80'31", and subtending a Chord bear- S
"In Re the Organization ul FiveTrees
" ing S 33°13'46" E, 63.18 leek thence 149.99 feet
,
Metropolitan District, Pitkin County, Colorado along the arc of a compound curve to right, hav- S
which Petition prays for the organization of a ing a radius of 185.00 teat a central angle of
S
metropolllan district pursuant to the provi- q6°14'18", anA subtending a chord bearing S
S
"
°
'
stuns of 47
W,
25
09"18'38" W. 145.96 Jeep (hence 5 32
S
Title 32, Article 1, Part 3, Colorado Revised 57.37 leap thence 66.15 feet along the arc of a
S
Statutes, as amended. curve to the right, having a radius o1230.1N1 feet,
The District consists of approximately 199 a central angle of 21°2740"and subtending a
acres in the FiveTrees Development located Chord bearing543°09'3TW85.65 feet, lhence5
within the City of Aspen adjacent to the 53°51'27" W, 154.44 feel; thence 74.401eet along
Meadowood Subdivision, the Aspen Highlands the arc of a curve to the IefL having a radius of
Subdivision, and Aspen Highlands Village. The 260001eep and a central angle of 16°23'44', and
proVOSed District boundaries are described in subtending a chord bearing 5 45°39'44' W, 74.15
the legal description attached as Exhibit "A.' fee[: thence 5 37°2752" W. 242.28 feel; bearing S
No later than ten days before the Hearing, the 15°20'40' W. 797.73 1eeC thence N lNl°24'03" W.
owner of any real Vmperty within the Proposed 547.25 feet; [hence N 17°58'34' E, 611.17 feel;
District may file a petition with the Court stating Thence N 01°06'12" E, 225.37 feet; thence 148.13
reasons why said property should not be indud- feet along the arc of a curve to the right, having
ed in the proposed Dislricl and requesting that a radius of 215.00 feet. a central angle nl
said real property be excluded Therefrom. Such 39'2A'2R", and subtending a chord bearing N
petition shall be duly verified and shall Aescribe 20^50'26" E, 145.21 feet: thence N 39'x8'22" F.,
the property sought to be excluded. The Court 67.02 feet; thence 178.72 legit along the ere of a
shall hear said petition and all objections there- non-tangential curve to the right, having a
to at the lime of the Hearing on the Petitim tar radius of 110.00 feet, a central angle of 93°05'29'
organization and shall determine whether, in the and subtending a cord bearing NIl°15'42" W.
best public interest said property should be 159.70 feet; thence N 35°1702" E, 187.08 feet;
rxdaded or included in the proposed special (hence 85.241eet along the a¢ of a curve 3o the
Aistrict. left, having a raAlus of 170.00 legit a central
NOTICE IS FURTHER GR'EN (hat by an Order an le of 28'43'45", anA subtending a chord bear-
K
nl the Distrkl Court in and fur the CounlY of N 20"55'10" E, R4.S5 teak (hence S R2"06'55'
'n
g
Pitkin, n public Ilwring un sold I'elllion Inc orRa- 2111ev1; thence N lfi"2(1'4(1" E 12X8.111 feel;
f„
74
nizallun will Lr bald nl Ibc hour of 111'.15 a.nl.. al .
Ihenre N 41"3721' E, 196.37 feel; (hence
Ihr Garfield l'nunly Cnmbinrd Courts, 3511.71 Irrlt Ihrnve 5 31"IIt'All" W.
21'US IN" W
Gmrlruum It nn Ibe luurlb Ilunr, luanled m 109 ,
16192 (rep thence N 7:1"A2'S1" W, 12U.t13 Iceh
Nth Slrcd, (Ileuwond Syrings. Gdundn ri1fi01' Ihenre 15.:431eet along the arc of a nuo-mngenl
on Thursday. the 12Th day of October. 2111111, at curve to the right having a radius of 35.001egit
which lime and place any interested parties or acentml angle of 25`06'09", and subtending a
persons may appear it they so desire, within the chard bearing S 42°05'05" W, 15.21 IeeO thence 5
Ihnitations provided by law.
as Relined by the
Such inlereslcA parties ST3N'Ill" W.8991eeg thence 31A2 feet elongthe
,
Control Act. SLIe :32, Arllde 1, Part 2. C.R.S., as arc of a curve to the right having a radius of
2U VO feet, a central angle of 90"00'(10", end sulr-
amendeA, are as follows:
The Hoveming holy of each municipality or
1 tendin chord bearing N 80°21'50" W, 2R.2ri
'
"
°
.
special district which has levied an ad valorem
within the next preceding tax yearsnd which
t W, 296.72 feet; thence
29
50
feel: thence N 35
97 4S feel aloe the arc of a curve to the left
g
ax
h s boundaries within a radius of Three miles of ot 160.OU legit a central angle of
havin a radio
the proposed District bondaries: and
i 34x3 49" and subtending a chord bearing N
95 legit thence N 00"0723" W,
95
52"48'45 W
n
2. Any residents or proVerty owners wllh .
,
91 feet: IhenceS 89`52'37" W 28.18 feet to
27x
the Vroposed special Dislricl. Any rude interest-
e<I party or persmr who hoc appeared and pre- .
Ihr easterly righlof-way of Maroon Creek Roed;
"
rented his or her objections before the City W, 227.87 feet; thence 113.35
thence S 01"02'00
Council u( the City of AsVen shall also have the Ieei along the arc of a curve to the right. having ,
right to appear and be heard a[ the hearing on a radius of 312.39 feet, a central angle of
o
1
d
1
the Court Petition fur the organization of tpe IrevlnB said
1eet~ghen e
l12,78
1"25'42" W~
1
District.
In the event the Court orders Thal the goes
Memon Creek road easterly right-o6way N
Lion o! the organization of the Vroposed District 90"UU00" E, 55.351eet to the point of beginning.
Be submitted to the electors of the proposed
b saiA palxcl emrtaina 17971 acres more or less:
blisheA in l'he Aspen Times September 30.
P
a1 par-
DLslrirl 0.1 mr election W Be hdA far I
pose, m said elecBnn the electors of the pro- u
2W0. (7511X5)
posed Dislricl shall clad live electors of [hr
h
'
'
I'UDLIC NU'I'ICE.
e
bnse dr,4eA shall omslllute t
Ilisl ctrl.
I
Board of Dirednrs of the Dislricl 11 urganiaed. X NU'I1CE (1F PUBLIC IIEARINC
'1'wu ul Ihr un Rival din•cturs are lu xerve until
Ihev or their successors are elevled and quasi- PLIiASF. TAKE. N(1TICF.: Thal the 13narA of
Cnunly Conunissloners n[ Pitkin County,
(led at the nest regular election occurring In any
d Colorado, will consider the following Ordinance
al the Board's regular meeting on October 11,
year following That in which the propose
Ulslrid is organized, anA three of the original 20110 at 3:W P.M, m as soon thereafter as the
directors are to serve until the second reguL r conduct ul business allows, Plaza One MeetinK
Pursuant to Section :1'L-14104.3, C R.S.,
election Room, Plaza Building, 53(1 E. Main Street. Aspen,
.
a nomination for director In serve either term at which Ihne anA place all members of the pub
may be make byself-nomination and acceptance
loon or letter as provided in Sedion 32-143043, tic may appear and be heard:
ORDINANCE OF THE BOARD OF COUNTY GDM-
with the lime anA manner of filing such
ft
S
C MISSIONEI25 OP PITKIN COUNTY, COLORADO.
.,
.
.
form or lever as direcled in the order of the P
O
N
~
Distort Court authorizing the election. N PITKIN
VALLEY
WITk
F.R FRYING PAN
U
FRYING
H
/s/ Clerk ul the District Court
Pitkin County, Colorado DISTRICT
~ AN VALLEY OVERLAY ZONE
EXHIBITA Orzlinance No.=2000
Legal Uescription
Beginning at the NI/4 corner of said Section 14, RECITALS
1. The Pitkin County Planning and Zoning
with all bearings being relative Iu a bearing of 5 ~ Commission adopted the Frying Pan Master
R9 :55'48" E between NI/4 water and the norll+ Plan on April 18th 0120011.
The Pitkin County Planning and Zoning
'L
east alrnerof salA Section 14; thence along said
rorth-south cenledine: thence S UII°15'39" E .
Commission reviewed the proposed implemen-
202.50 (eel In a point on the north line of a par - lotion of the Master Plan and specific rezoning
proposals on .Ivey 25 and August I6. 20110. On
eel of land described In Bonk 331 at page 623 0l
the Pitkin county records; thence alrnrH the August Ifi, 2000 the Planning and Zoning
d
y boundary of said parcel the hrllowing six (fi) a-
Glmmisslon made the lullowing recommen
tions to the Pitkin Cnunly Board of County
courses:
1) 5 73°59'09" E. 210.00 IeeY, thence
"
' Commissioners. '
a. To approve the rezonings as requested with
E, 115.00 (eel: thence
2) 5 33°15
39
" the exception that the Vroposed RS35 zone dis-
E, 140.W feel: thence
3) 5 19'05'39 [rift be rezoned to RS30 (unanimous).
4) 5 3.5"55'39" E, 120.OU feet [hence That the allowable Floor Area within the
b
5) 5 19"30'39" E. 1509:31eeL thence .
planning Area shell be A, UW syuere feet (vnanl-
fi) N 71'S9'U9' W, 447 OS to a point un snlA north - moos).
F south cemerline nl Sedion 14: The Pitkin County Board o[ County
3
Ihmxe along said north-south cmderline .
S Commissioners reviewed the proposed ginning
R INI" 15'39' G, 1114(1.97 feel hr th southwest corner changes on SePlember 13 anA Ocluber 11, 19DD.
y, of the SWI/4X8.1/4 nl Sedion 14, thence 5 The later belnHaduly notice Public hearing.
fl(I" 1579" E Eia6.71 Ieei In suuthwc l corner o f 4 The Pitkin County Board of county
the NI/2SE I/A; thence along the south Ilne n l Commissioners found the proposed rezoning
e sold NI/'25E1/4 0l Section 14, S ri9'0T53" F .' anA the creation o[ a new Overlay Zone district
's '262280 feel to the eas[line of said Section l4; hrbeconsis[entwith the Prying Pan Master Plan
y [hence alrnrg said east line of Sedion 14, N and with the rezoning criteria in Section :5-220.
011"15'53" E, 1361.77 feel m [he F.1/4 comer of 0211 of the Pitkin County Land Use Cude.
d said Section 14. [hence cmrtinuing along sai A NOW THEREFORE BE IT ORDAINED by Ore
ry ezct line of Seallon 14. N UII"03'4:3' F 132R.091eet BOCC that II hereby rezones all AFR-IU lands in
to the northeast comer of the SEI/4NE1/4 0l the upper FryinK Pan Valley within Pitkin County
at said Section 14; S R9'S4'IA" W, 13'Lf1,591ed In th e Irom AfR-111 to 8830 with the exception of twv
oI northwest corner nl saiA SEI/4X51/4 Section l 4, parcels specifically noted below to rezoned from
a Ihenre along the east line of the NW I/4NE1/4 0l AFR-10 m RSllill as follows:
Sedion 14, N 00"06'118' W, 1:13250 suet to th e SVecilic rrzonings aVVly to AFR-IU zone) prop-
ortheast comer of saiA NW 1/ANSI/4 n[ Sectio
1 n reties In be reznneA ftS911-
14. x144 Point :dsu bring the svulheasl curuer
Ir of I'ngnrsed I2S:iU
' the W I/2SC1/4 said Section 14 thence along th e Contains [be following areas:
ed east line of said WI%2 SElpl nl Scetinv il, N Beginning at Iho intcrsedion of the Pitkin
le 00'04'01' E, 147213 feel to n point nn th e County line with the eastern Ilne of Section 7,
er mrtherly rlyhtol-way line of Maroon Creek Township RSuulh Rmlge A3 West. Thence:
s
rk Road: thence along said right-nl-way SX7"587 4- S8`<22-:3'LE 344UR.33 it
W, S:S.97 feel Ihmxe 5 RA lull" W. 31111110 IeeL SI8ICMIIW 475X9 [[
nK thence IeavinK said right-ol-way S UI"5T4'9" E. 5253413W 55.64 II
o[ 143.7A IeeL thence N 41"114'11V' H, '28.45 (cep 52!1-11}26W 9371 it
rn thence 1380ri leer along the arc olaalrve to t he 51617~19W RR .O R -
right having a radius of 1X(1.00 (eel, a centr _
Y
c
t
3
l
l
i
al 571}SNNF. 57.16 It
A-06-035. :S1q,97 11 5
IS23-26W 10)-11 11 N
R9-IS29W 115.51 It N
30.11-09W 208.26 ft S
SO-0618W 38.A] It S
63112-0AW 99.V0 It S
A8-51}03W 41111 It 5
8F41M2W 795.61 R N
N2-s7-0Sw loz.oz n
82-SS49W 192.97 It S
61-5632W 228.26 Il
x6-08-12W 76.48 ft
5&Sp-07W 122.99 It
67-33-SOW 263.98 i[
6609-07W 86.91 0
66-07-57W 68.89 It
4359-0IW 173.99 it
50{12-I2W 232.56 Il
511-03-02W 262.48 ft
6730-0VE 156.13 fl '
77-014N)E 58.60 II
76za2oe 37.os it
7529-12E 36.41 ft
742748E 36.85 Il
73-24~6E 36.78 ft
72~224NIE 36.73 h
571-19-0SE 36.68 R
871-02-31E 138.51 ft
57x4&3fiE 27.W It
X88-1322W 226.35 It
573-1R03E 39.15 I[
573-1616E 360]1 i[
5705238E 214.06 ft
520-06-0SW 1890 R
82007-IIW 26.89 fl
519-3423W 11.94 It
5193423W IL94 B _
573-14-03E 123.50 11
X21-0B-0SE 7.40 it
X21-02-ISE 6.96 ft
X22-32-35E 7.17 ft
X21-2S52E 43.11 - It
S7a53-04E 1629.90 it
SC.S36-04E 6110.31 Il
544-0A-02F. 59.23 Il
5043459W 125.15 (t
533-02-02E 382.99 It
560-02-546 332.21 i[
54410-08E 259.36. ft
52.133355. 201.84 It
SOlL11fi2F. 111685 Il
54038-TIE AN.29 0
SIXMS32W 7.5.51 0
5502;}51 F. 117411 11
SOS57-2fiE 3911.23 It
S6a2045W 176.35 I[
SFA21-03W 297.16 It
X31-22-07W 42A.26 It
589-17-59W 204.52 R
X00-21-3RW 341.63 It
X31-2235W 56851 II
52647-SAW 5490 II
867-s9-0SW I9.6R it
519-28585. 278.84 ft
519-17-04E I7N.SA 11
532-ISSSE 24R.LU It
559-39-01W 263.31 It
559-3327W IUR9.49 It
X32-02-04W 207.79 It
SIIIW4IRE Y27.75
5832437W 206.51 R
N235320W 79.01 ft
N 14S4414W 731.119 0
N70'a1-57W 175ri.75 fi
X89-37-IfiW ISRA.28 ii
X89-3657W 1323.28 U
NR9-365XW 1154.0;1 II
NAA.Sa2AlV 11!17A 0
NcR-09.'rIW 14fi4.3U ft
NN!I-4'2-SI1W 12x102 fl
NR!1-:1&27W 13:31i.2R fl
SW-0IHNIR 8.25 II
501-(1!141UW ni)% II
501-07-IOW 35832 It
501-07-57W 1340.89 I[
NR7-5020W 2645.18 II
NIX}1618E 121701 ft
NR3125AW 574.80 f1
589-01}74W 77416 Il
58939-0SW 297.01 I[
sRq-0o-0nv ss916 II
SA939-04W 381.51 I[
N904NHIIIW 139.25 It
589-1432W 94.81 tl
589-0028W 418.01 Il
589-39-31 W 177.76 tt
569-014NIW 474.76 It
X(11-02-59E 1227.05 ft
NOI-02-07E 133.81 it
X01-11-21E 987.84 f1
5.9&37-0IIW 568.91 Il
579-5435W 483.73 R
5565628W 619.77 ft
579-27-07W 21258 it
587-02-08W 2A3.73 ft
NRI-0I-19W 34523 It
Sri42339W 981.05 It
N 71i-0fi04W 95004 It
X47-21-07W 312.98 It
N 7612-14W 186.18
SR0.1837W 312 A2 It
X81-2a25W 126.19 II
Nfi2-12-31W 186.51 II
X54-07-2RW 1054.5 II
NG65655W 151.24 It
X81-04-04W 765.76 It
X74-0R-18W 258.86 It
X61-04-59W 473.2] 0
X71-22-19W 1i56,1iG It
Nfi7-572KW 66192 II
X80.12-53W 430.16 ft
X42-3S30W 206.13 it
X81-20-03W 799.10 II
N760S19W 333.79 ft
N7M532W 553.41 It
SR7-17-0SW 27x.56 Il
X60-1230W 13709 Il
589-3428W 7W 1.44 U
NIN}15-09W 2553.40 It
Also including the lullowing areas:
Beginning et a point whence the Northwest coo-
nee of Section I8 Township R South R3 Wes[
(rears SN9-0856W :3855.61111. Thence:
SZI-54-SOW 23f.4fi R
N900000E I7RX.IN1 fl
NA!1-04150 11191.76 11
588-11aIlE 140.217 It
SR7-1604E A33.L1 It
SIX}I61fiE 112651 It '
SX8:1450W 168552 I[
S8Y-0.5311W 930)37 ft
SR7-06.S3W 448.84 It
539-SSIOE 410.23 ft
547-1851W 310.85 [t
547-I9-04W 3116.70 It
X1337-22W 155.63 It
851-0SSRW W.SII ft
551-07-01 W 620.01 It
SAltOfi-0RE 1855.36 [t
500.15111\V 453.38 11 -
50a;41-I RF. 192.2fi II
SOUI503W 171.15 11
to the point u[ beginning.
00-01-3fiF. 330.2.5 It
X431}2Ali LIi.l2 It
71-30215. 192.70 it
71-14-04E 130.11 fl
79-261AE 197D9 It
6117)85. 270.9(1 [t
13-32-09F. 83.31 It
83-SPATE 199.86 it
N91W1H10E 200.110 ft
58-14-0OE 145.A3 It
SO1-27-SIE 39.14 it
N58-0730W 23.86 fi
X57-17-02W 16.58 It
X70-02-19W 112.78 It
X82-~i0-03W 119.43 It
X78-3422W IL99 ft
58050-09W 134.21 ft
SR63A-0IW 4fi 83 Il
N765059W 86.26 i[
X46-0816W 196.50 fl
NAO-03-0IW 197.83 It
X51-0125W 110.57 It
57141023W 72.97 ft
542-2610W IL86 it
57658-52W 44.39 R
586g621W 99.91 ft
X77-0S20W 60.12 It'
567-S350W 66.06 It
567-51-17W 34.82 It
500-0000E 184.62 I[
50006395. 647.00 ft
589-29-08E 1309.05 it
NSS31-SBE 2407 ft
N9000-0OE 495.75 I[
589-SSSOE 103.00 R
58351-36E 615.75 it
X69-3635W 303.52 fl
X01-0S-0SE SO.OI ft
X02-02-14E 6729 ft
X01-07-04E 16.14 It
571-0054E 436.49 it
57141650E 10.04 ft
569-01-:45E 8.03 11
5685019E 8.31 It
367-22-08E 8.12 ~ it
565-0620E 8.22 ft
565-02-145. R.W fl
56458-59E 8.28 It
$fi3-2fsO6F. 8.11 fl
8(il-5'1-755. R.'L'2 II
S6i-0I-565. R.W It
861.116.481: X.2N II
S5!I-232:11? X.12 11
557-0:40JE 804 I[
557-59-0IE 8.25 It
5.561836E 8.11 II
8889454E B.IR it
5515091E 805 ft
553-07-0NE 8.12 0~
5.52-2S53E 8.10 It
552-2S53E A.18 (C
549-5811E 8.16 it
548-0R42E B.Ufi fl
549-I816E 8.24 I[
547-29-22E 8.14 It
54537-07E 8.04 II
54s-0M10P. 8.13 ft
54423411E 8.22 It
544-2702E X12 It
541-11-09E 7.97 [t
x41-S.S21E 823 ft
540(11-09E 8.15 It
NR9-07-0IiF. 70.2.5 ft
X89-04-06E IU4316 it
NINI-I:L22E 900.26 (t
NlNW325E 456 JS It
X0517-02W 43.4:1 it
NR!LI IIIIW 26fi ].02 I[
Nell-0!I-:41g I2'JZ 14 It
NNS2ASIIW 46 M1 II
W the point of beginning.
Erin Fernandez-Fly mrgie. n141"18'56", and subtending a churA bear- $36:i10UW 40.30 I[
(lnudy.ludye ing S fit' 4'X41' W. 13186 IeeL thence N 567-4019W 134.59 (I
Dated:')/5)00 At-22'UO" E 3301 IeeL thence LLSN feel along 571-02-57W 4502 It _
Melnick
(Ileuila L the arc of a nmHanymrt to the right having a X89-2}S UV 48728 [t
.
Clerk ul the Court/Deputy Clerk radius of 9.5Un (eel, n central angled 1:3'01'00".
" SR7-:3fW8W 74.57 (t
P/7/fill W.
and snbiending a choral bearinK S fit"49'511 581-57-SSW IRL53 It
I'Uhlished iu'I'he Asyrn'1'Imes on September If,, 21 ~4 (rd; Ibence 2111.74 Ice( along the arc o(0. 5262!ISIW 162.03 B
and all.'2111111. 174:451)
20. reverse save bl the tell, having a radius ul S'20b1}24W 131 KI It
. a20.11111eei. a central mLKle uC3X'481:3', and sub Sfi627-.53E I;i9.61 I[
I'UI11.IC NU'FIGlI tending a choral bearing S A9SIi 09" W 212.112 S7a'L:i(19E 237.22 It
NDTICF'U4 CREDITORS Irri; thence 5:40":81'88" W, 1011,97 IeeL thence 3 552-0R-ASE 2711.50 h
E,gnte a(MAI21E LAMON'E Ueceaved' S9 2ri'02" F 4a.U01eet Ibence 1611.951ed along SSM339E 76.16 It
Carr Nn-lXN'It-0S the art oln nuMangent curve br the left. having SXU-AA417E 222.87 ft
NI Persons having deltas against the a radius of 47700 leer, a central angle u[ S.SR-fll}24E 215.63 11
above-nanaal astute are mquireA to Present and suMenJing a chord bearing S
19`19'57" X77-3:2385. hJ.fi3 It
Them b, Ihr Versmal representative rt to We ,
160.19 Teel; IhenceS 11`1'2'110" W,
211'51'5!1" lV X73"7-195. 168.77 fi
Ilia not CUV rl nl Garfield COUnryt Colorado on or ,
I1X Ice(;
7AI
nce 5 7211Y'IT F
(h
539X s 577-:: WfiF. I(i745 (I
b ^lum M1 1 v 19 211111 ur the d0. ns may be ,
,
e
ect
Reglnning 0.i a point whence [he Nnrlheas'1 cor-
ner ul Sedion 17 Township 8 South SS West
bears Nla l-IAF. 1859.9211. ('hence;
SX&4fL5:SW ILY:i.Oa it
5110.1633E 140252 ft
SW-11-0NI'. 7X.Rri it
X7.51111 iW 1137. ~t ... ..
Iteglnning at a point whence the Nnrthwesl cor-
ner of Section 24 Township 8 South 83 West
bears 589-085fiW 3855.60 (l. Thence:
X8332-17E 15.50 It
50031425. 1401.32 it
589-22-(IIW 420.28 f1
SR9-235:3W 1332.32 fl
SR9-2:i51W 6118.29 ft
SR9-07-21 W 1861.22 It
588-48-23W 12.00 II
SR9-1431W 2613.73 It
589-0721W 2632.03 ft
SR9-57-23W 1315.50 it
SOfW3s3E 1391.38 It
N91NN}OOF. 1309.75 (t
NR9-.5613E 79:1.75 ft
N90-0O410E 17.75 Il
N900000E 105.7s It
X90-01}005. 17.7.5 It
NR9-394NIE 122.75 h
N90-00110E 143.00 It
N91W4011E 152.25 It
N91W(WOE 115.50 ft
N9WIIF(IOE IR nD It
NR9-SM9E 1208.50 Il
NA85837E 371.06 It
NRR-59-06E 214.03 ft
NR9-0044E 79]6 it
N885i-04E 642.13 ft
NRS-SU-06F, 142.78 it
NR9-SI-555. 212.75 Il
X90-0114NIE 209.2.5 It
N90a10-0VE 310]5 0
X88-01-53E 60.51 ft
NXR-03419E 743.69 It
NN!z22~IXF. L:f2A A!1 11
NR32'L-07E 92:1.811 II
to the point of beginn ing.
Beginning 0.i a point whence the Nnrthwesl cor-
ner ul Section 33 To wnship 8 South N3 \Ves[
bears X89-39-SE 712.5 1 fl. Thence;
SR9-3a52W 88.50 II
589-1833W A20.76 I[
X111-1617W 577.81 I[
NUI-39-0IE 43406 it
NOI-0039E I98A1 it
S833a13W 649.27 U
SX'J-'L858W 69.15 It
NR9-5113E 126.75 It
X00-04-04W 40!1.53 It
X00-02-34W 565.42 fl
N(XL5627W 624 :U II
X00-2SSOW 698.77 ft
Nf1a5GIRW 534.32 fi
NX9-I6-09W 1373.11 it
NIIIHI(I-0f1E 1354.11' fl
SN85S16W 1294.48 it
s9z-0l-zee 161.85 e
801-I60fiF. 553.39 11
801-fIS19E 539.47 It
5111-I8I8E s37.AY [t
501-245YE 351.98. fl .
8111-14-03E 46.01 It
589-52-03W 649.00 It
SR9-0621 W 661.51 It
X00.29-19E 51.5.65 It
X01:4:}255. 174.81 It
In the Poim of Begin ning.
ExcePling the inllowi nK area;
Beginning al a pvim whence the Snulheast cor-
ner ul Sedion II Bears SIl-2av6W 133.57 It.
l'hrnce: p
889435-07W 710(1 (I 7
SR335-02W 70.75 ,
It -
NRI-1355P: 74 fit (t
ASPEN/PITHIN
COMMUNITY DEVELOPMENT DEPARTMENT
130 South Galeua Street
Aspen, Colorado 81611
Phone (970) 920-5090 FAX (970) 920-5439
MEMORANDUM
TO: Attorney
Zoning
Carbondale & Rural Fire
CSFS
Wildlife Biologist
Engineer -hourly
DOW
Crystal River Caucus
FROM: Tamara Pregl, Community Development
RE: Dorias 1041 Hazard Review & Lot Line Adjustment
2729-092-00-023/024/025
P64-00
DATE: June 6, 2000
Attached for your review and comments are materials for an application by William Dorias. This
application will be reviewed by the Pitkin County Hearing Officer on August 15, 2000.
Please return your comments to me July 17, 2000.
PLEASE RETURN APPLICATION MATERIALS TO COMMUNITY DEVELOPMENT
IF YOU HAVE NO FURTHER NEED OF THEM.
Thank you.
ASPENlPITHIN L~MMUNITY DEVELOPMENT DEPh~YTMENT
130 South Galena Street
Aspen, Colorado 81611
(970) 920-5090 FAX# (970) 920-5439
June 6, 2000
Jeff Bier
PO Box 100
Carbondale, CO 81623
Re: Dorias 1041 Hazard Review & Lot Line Adjustment
P64-00
Dear Jeff,
The Planning Office has completed its preliminary review of the captioned application. We have determined
that this application is complete. After a more detailed review of the submittal information, additional
information specific to the application may be requested in order to adequately review and process the
application. The planner in charge of the review will request the information from you directly.
We have scheduled this application for review at a public hearing by the Pitkin County Hearing Officer on
Tuesday, August 15, 2000 at a meeting to begin at 3:00 p.m. in the Commissioners Meeting Room in Pitkin
County Courthouse. Should this date be inconvenient for you please contact me within 3 working days of
the date of this letter. After that the agenda date will be considered final and changes to the schedule or
tabling of the application will only be allowed for unavoidable technical problems. The Friday before the
meeting date, we will call to inform you that a copy of the memo pertaining to the application is available at
the Planning Office.
We have forwarded a copy of this application to the Colorado State Forest Service for referral comments.
Please contact them directly at (970) 248-7325 to arrange for payment of their fees. Comments will not be
released until payment is received.
Please note that it is your responsibility to post a public notice sign on the property at least fifteen days
prior to the hearing (and remove it within one week after) and to mail notice to all adjacent property
owners at least 30 days prior to the hearing with the return address of the Community Development
Department (copy of notice to be obtained from the Community Development Department). The names
and addresses shall be those on the current tax records of Pitkin County as they appeared no more than 60
days prior to the date of the public hearing. Please submit the enclosed Affidavit of Notice by Posting &
Mailing as proof of compliance with the Code at the hearing.
If you have any questions, please call Tamara Pregl, the planner assigned to your case, at 920-5103.
Sincerely,
Tenley Taylor, Administrative Assistant
ASPEN/PITKIN
COMMUNITY DEVELOPMENT DEPARTMENT
130 S. Galena Street
Aspen, Colorado 81611
(970) 920-5090 FAX (970)920-5439
May 17, 2000
Jeff Bier
PO Box 100
Carbondale, CO 81623
Re: Dorias 1041 Hazard Review & Lot Line Adjustment
P64-00
Dear Jeff,
The Community. Development Department has completed its preliminary review of the captioned
application. We have determined that this application is incomplete. The application will not
proceed until the following item is submitted:
Address Standazds for Lot Line Adjustment, Section 3-190-030
If you have any questions, please call, the Planner assigned to this case, Tamaza Pregl at 920-5103.
Thank you.
Sincerely,
Tenley Taylor
Administrative Assistant