Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
pitkin.planning.246725200590
DOCUMENT LAYOUT THIS FILE MAY OR MAY NOT CONTAIN ALL OF THE INFORMATION LISTED BELOW IN THE FOLLOWING ORDER Summary Sheet y 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(s) 11, nip M YYuY����M VI t5•Lda1 N1 fAA..T� 11 .. �� JI�AI'1.9M ��� � �� , &;,�� � . i ✓a.i '" �����.,I�elinP' .; ���u �A.A,iMfl£(a,��n i�. ,. „., 4 °• h C) vrl� RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO, GRANTING APPROVAL FOR EXTENSION OF VESTED REAL PROPERTY RIGHTS FOR COLLINS 1041 HAZARD REVIEW Resolution No. & V -2001 RECITALS The Barry Weihmiller Group ( "Applicant ") has applied to the Pitkin County Board of County Commissioners ( "BOCC') to consider an Extension of Vested Real Property Rights pursuant to Section 4- 140.30 of the Land Use Code. 3. The property is described as Tract 1 l of Aspen River Valley Ranch Subdivision. The property is zoned AFR -10 and contains 38 acres. 4. The BOCC heard this application at a duly noticed public hearing on February 14. 2 _001. at which time evidence and testimony were presented with respect to this application. 5. The BOCC has determined that the proposed development meets the criteria established in Section 4- 140 -30 of the Land Use Code, and therefore found the extension to be appropriate. NOW THEREFORE BE IT RESOLVED by the Pitkin County Board of Counn Commissioners that it does hereby grant an Extension of Vested Property Rights for the Collins 1041 Hazard Review subject to the following conditions, which shall run with the land and be binding on all successors in interest: t. The Applicant shall adhere to all material representations made in the application and in the public meetings. 2. The conditions specified in the Collins 1041 Hazard Review approval as recorded at Reception No. 415604 at the Pitkin County Clerk and Recorder's office shall remain in full force and effect, except as amended herein. 3. Prior to submission of any building permit applications, the applicant shall submit a 1041 Hazard Review Site Plan complying with the provisions of Section 5 -70 -040 of the Land Use Code. The site plan shall be submitted in digital format for integration into the County's GIS system. 4. Native vegetation shall be maintained outside of the building envelope as long as it complies with the wildfire mitigation criteria as stated in the Collins 1041 Hazard Review. IIIII IN IN 4' 32834 03/29/2003 63:92P RESOLUTI ORVIS SILVI 0000 0 Lio 1 of 3 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO + Resolution No.Q� -20 Page 2 5. The Applicant shall provide documentation of legal access to the property prior to building permit application. 6. Condition No. 6 -A of the Collins 1041 Hazard Review shall be amended to read as follows: Wire fencing shall employ a three strand smooth wire fence with a 42 inch maximum height above ground level and at least 1' inches between the top two strands. Wood rail fencing shall employ three rails or less, be the round or split rail type. shall not exceed 48 inches in height above ground level and 12 inches in width (top view), and shall have at least 18 inches between two of the rails. 7. Condition No. 12 of the Collins 1041 Hazard Review shall be amended to read as follows: Prior to submission of a building permit, the applicant shall determine if it is feasible to provide adequate quality and quantity of water service on the property within the amended building envelope. If it has been determined that adequate water service cannot be obtained from within the building envelope, the applicant shall be allowed to locate the well outside the building envelope upon approval of'the proposed location from the Community Development Department. 8. Outside illumination shall comply with County lighting standards in effect at the time of installation. 9. Fencing on the property shall comply with Pitkin County fencing regulations at the time of building permit issuance. 10. Installation of bear proof containers on the property shall be required and shall be verified by the Pitkin County Wildlife biologist prior to issuance of Certificate of Occupancy. 11. Dogs shall be prohibited on the property. 12. Floor area shall be limited to 5,750 square feet exempt from growth management Floor area shall be calculated based on the definition in effect at the time of building permit submittal 13. Pursuant to Ordinance No. 022 -2000, the Applicant is subject to the Fair Share Requirements and shall pay a road impact fee as calculated at the time of building permit issuance. 14. 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 the Pitkin County Land Use Code § 4 -140 and C.R.S., § 2468 -105. The statutory vested rights granted herein shall expire on February 14, 2004. 000002 1 111111 11111 111111111111 III IIIII 1111111 III IIIII 1111 IIII 452834 03/29/2001 03:e2P RESOLUTI DAVIS SILVI 2 of 3 R 0,00 0 0.00 N 0.00 PITKIN COUNTY CO Resolution No. &RL 200 'x' Page 3 NOTICE OF PUBLIC HEARING PUBLISHED IN THE ASPEN TIMES ON THE�`� DAY OF & — , 2001- APPROVED AND ADOPTED ON THE 14TH DAY OF FEBRUARY 2001. am VESTED RIGHTS NOTICE PUBLISHED ON THE IP — DAY OF rn,�,4 , 2001. ATTEST: BOCC OF COUNTY CONMSSIONERS OF PITKIN COUNTY, COLORADO yndee R. Dean, Michael C. Ireland, Deputy Clerk and Recorder Chair Date: APPROVED AS TO FORM: APPROVED AS TO CONTENT: John Cindy Houben, ounty Attomev Community Development Director Case 4P 1'9 -00 PID# 246725200590 ` I I"II "III "III' I'III"II I"I' SM.U III "�" IIII VI 452834 000003 3 of 3 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO u MEMORANDUM TO: Board of County Commissioners Regular Meeting — February 14, 2001 THRU: Cindy Houben, Community Development Director FROM: Brian McNellis, Planner* RE: Collins Extension of Vested Rights I N e SUMMARY OF REQUEST The Applicant is requesting an Extension of Vested Rights for a period of three years pursuant to Section 4- 140.30 of the Land Use Code for a 1041 Hazard Review approved on March 26, 1998, recorded at Reception No. 415604. APPLICANT: Barry Weihmiller Group Inc. LOCATION: Tract 11, Aspen River Valley Ranch ZONING/LOT SIZE: The property is zoned AFR -10 and contains 38 acres. BACKGROUND/EXISTING CONDITIONS: The property was granted1041Hazard Review approval by the BOCC on March 26, 1998. Kevin Wright of the Colorado Division of Wildlife visited the site prior to the initial 1041 Hazard Review and determined that the property lies adjacent to critical wildlife habitat. He suggested standard wildlife mitigation standards that were adopted as conditions of approval during the 1041 Hazard Review. Jonathan Lowsky, the Pitkin County Wildlife Biologist, visited the property and suggested standard wildlife mitigation including prohibition of dogs due to the property's proximity to critical wildlife habitat. Vince Urbina of the Colorado State Forest Service visited the property and rated the wildfire hazard on the property as low. Standard wildfire mitigation measures were included as conditions as part of the original 1041 Hazard Review approval. Joanna Schaffner, the Pitkin County Zoning Officer, reviewed the application and had concerns regarding the fencing and river bank improvements described in the application and whether approval was received for such work. She recommended that condition No. 6 be amended to eliminate the use of barbed wire fencing and that condition No. 12 be amended to specify where a well may be located outside the building envelope. Staff has included Mrs. Schaffners comments as conditions of approval in the attached resolution. • The Woody Creek Caucus reviewed the application and had no concerns regarding the proposal. 11111+ o ANALYSIS OF PROPOSAL EXTENSION OF VESTED RIGHTS: The following is a review and analysis of the proposal relative to the applicable standards of Section 4- 140.30 of the Land Use Code. In reviewing a request for the reinstatement of vested property rights, the Board shall consider, but not be limited to, the following criteria: The applicant's compliance with any conditions requiring performance prior to the date of application for extension or reinstatement of vested rights. Response: There were no conditions included as part of the initial 1041 Hazard Review approval which required performance prior to the date of application for extension of vested rights. 2. The progress made in pursuing the project to date, including the effort to obtain any other permits, such as building permits, and the expenditures made by the applicant in pursuing the project. Response: There have been no efforts made to obtain building permits pursuant to the original approval. 3. The nature and extent of any benefits already received by the County as a result of project approval, such as impact fees or land dedications. Response: There have been no benefits received by the County such as impact fees or land dedications. There were no land dedications required. 4. The needs of the County and the applicant that would be served by approval of the extension or reinstatement request. Response: The needs of the Applicant would be served by an extended time frame for development. The needs of the County would be served by applying current standards of the Code, including those adopted pursuant to Ordinance No. 23 -2000. 5. An extension or reinstatement may be in the form of a development agreement duly authorized and executed by the applicant and the County. Reasonable conditions may be imposed by the Board when granting any such extension or reinstatement. Response: The applicant agrees to comply with reasonable conditions imposed by the County. RECOMMENDATION: Staff recommends that the BOCC adopt the following motion to approve the Collins Extension of Vested Rights for a period of three years, subject to compliance with the conditions of the attached resolution. * Mr. McNellis has received a Bachelors Degree in Environmental Design from the University of Colorado and has worked as a Planning professional for 6 years. Mr. McNellis has been an employee of Pitkin County for a total of 5 years. 000005 © C) PUBLIC NOTICE RE: COLLINS EXTENSION OF VESTED RIGHTS (P179 -00) NOTICE IS HEREBY GIVEN that a public hearing will be held on Wednesday, February 14, 2001 at a regular meeting to begin at 3:00 PM or as soon thereafter as the conduct of business allows, before the Board of County Commissioners, Plaza One Conference Room, 530 E. Main St., Aspen to consider an application submitted by the Barry Weihmiller Group, Inc., requesting an extention of the vested rights associated with a 1041 Hazard Review approval pursuant to a Hearing Officer Determination on March 26, 1998. The property is located at Tract 11, Aspen River Valley Ranch and is described as a parcel of land being part of Tracts 70, 71 and 72, Section 25, Township 8 South, Range 86, West of the 6 PM. The application/resolution are available for public inspection in the Community Development Department, City Hall, 130 S. Galena St., Aspen CO 81611. For further information, contact Brian McNellis at (970) 920 -5099. Jeanette Jones, Deputy County Clerk Board of County Commissioners Published in the Aspen Times on January 13, 2001 Pitkin County Account 002.02 Public Private X 000006 24C The Aspen Times a salurday-sunday, January 13.14, 2001 G C O O PUBLIC NOTICE �) PLEASE TAKE NOTICE: That the Board of Cnunly Commissioners at Pitkin County, Colorado, at Its regular meeting on December 20. 2000 and alter a duly notice public hearing, approved the following ordinance: ORDINANCE OF THE BOARD OF COUNTY COM- MISSIONERS OF PRKIN COUNTY, COLORADO, ADOPTING REVISIONS TO THE ASPEN/PITKIN COUNTY AIRPORT MINIMUM STANDARDS FOR 2001. Copies of the full text of the Ordinance are available for public Inspection during regular busluess hours in the Office of the Clerk and Recorder, 530 East Main Street, Aspen. Colorado 81611. Phone (970) 9285157. Jeanette Jones, Deputy County Clerk Published In The Aspen Times on January 13, 2011. #75450. X PUBLIC NOTICE RE COUGAR CANYON SUBDIVISION EXTEN SION OF VESTED RIGHTS (14824)18 NOTICE IS HEREBY GIVEN that a public hearing will be held on Wednesday, February 14, 2101 at a regular meeting to begin at 3:00 PM or as soon thereafter as the conduct of hostages allows, Mom the Board of County Commissioners, Plaza Due Conference Ron.. 530 E. Main St., Aspen to consider an application submitted by Cozy Point Partners. I.I.C. retl.esting an extea- ston of vested rights far the Cougar Canyon Subdivision. The properly is located off of .juniper HIII Road and is described all a parcel of land situated in Sections 9, 16, 17, 2n and 21, Township 9 South, Range SS West of the 6th PM. The application /resolution are available for pub- lie inspection In the Community Development Department, City Hall, 1,30 S. Galena 54, Aspen CO 81611. For further Information, contact Suzanne Wolff at (970) 920.5093. Jeanette Janes. Deputy County Clerk Board of County Commissioners Published In The Aspen Times on January 13, 2001- #75443. PUBLIC NOTICE RE: CROWN DETAILED SUBDIVISION /FINAL PLAT REVIEW & REZONING TO AIR- 2(P129. (6) NOTICE IS HEREBY GIVEN that a public hearing will be held an Febnrary 14, 2001 at a regular meeting to begin at 3:00 PM or as soon them after as the conduct of business allows, before the Board of County Commissioners, Plaza One Conference Room, 5,10 E Main St.. Aspen to con Sider an application by the Aspen Skiing Company requesting Detailed Subdiehlon/Final Plat & Rezoning to AFR -2 approval for the Sep. rallon of the "Crown House" parcel from the Aspen Skiing Company lease area at Buttermilk. The prgperty, commonly referred to as Buttermilk Ski Area. is located on Tieback Road, and is described as a tract of )and In the SE 114 SE 1/4 01 Section 3, the SW 114 SW 1/4 of Seellon 2, the NW 114 NW 1/4 of Section 11 and the NE 1/4 NE 1/4 of Section 161n Township 10 South, Range 85 West of the 6th PM, The applicallonlresolmfon are available for public Inspection in the Community Development Department, City Hall, 130 S. Galena St.. Aspen CO 81611. For further Information, contact Lance Clarke at (970) 920.5452. Jeanette Jones, Deputy Cmmly Clerk Board of County Commissioners Published in The Aspen Times on January 13, 2001. #75444. PUBLIC NOTICE RL FLYING DOO RANCH WEST (M(:INTYRE) APPEAL OF A HERRIN(! OFFICER DECISION (PI". ) NOTICE IS UERE11Y GIVEN Und a Imbib bearing will be held on February 14, 2001 at a reguar meeting to begin at 3:00 PM or as Soon them alter as the conduct M boatmen allows, before the Huard Of County Commissioners. Plaza One Conference Room, 530 E Main St.. Aspen to con Sider an appeal of Hearing Officer Decision 31- 2000 granted approval October 17, 2000. The property, commonly referred to as parcel 2 of Flying Dog Ranch West, Is located .n Prince Creek Road, and Is described as the 5 1/2 at the SW 1/4 and the NW 1/4 of the SE 1/4 and the SW 1/4 of Section 13; Lots 6 & 13 of Section 14; Lots 9, 10, & 11 of Section 15; and all that part of Lots 2. 3. 4 and 8 of Section 14; Township 8 South. Range 88 West of the 6th P.M. The application/resolution are available for public Inspection in the Community Development 1Mpanmenl. Clay Hall, 1370 S. Galena St., Aspen CO 81611. For further information. contort Gabe Preston at (970) 9205092. Jeanette Jones. Deputy Cnunly Clerk Board of County Commissioners Published In The Aspen Times an January 13, 2001. 075442. PUBLIC NOTICE NOTICE OF PUBLIC HEARING PLEASE TAKE NOTICE That the Board of County Commissioners of Pitkin County, Colorado will conduct a confirmatory public hearing on the (allowing Emergency Resolullou at 2:00 p.m. on the 24th flay of January. 2001, in the Pllkin County Board Meeting Room, 530 East Main Street, Aspen, Colorado 81611, at which time and place all members gel the publle may appear and be heard EMERGENCY RESOLUTION APPROVING FIRST AMENDMENT TO THE LEGACY GRANT AGREE MENT FOR THE ROARING FORK RAILROAD LEGACY PROJECT. In 1997. GOCO, Pitkin County, RFRHA, the City of Aspen. and the City of Glenwood Springs entered Into a Legacy Grant Agreement whereby GOCO agreed to fund up to $2,000,000 for the acquisition of a Tral) and Conservation Easement for which ASpen Valley Land Trust IS the grantee, on the RFRHA corridor. The first $1.010.0X1 was funded at the time the corridor was purchased, and the second $1,06,06 was, by agreement, to be funded nnly alter LOCO oppro ed RFRIIN, comprehensive plan. Once [lie comprehensive plan was completed, It determined that only 245.5 acres of the 460 acres acquired by RFRHA possessed the natural, scenic. open space, historical, educational, wildlife habitat, and tuber values which GOCO was protecting with the conservation easement. Thus. through a series of negotiations, it was determined that CACO would fund a total of $1,506,06 of the original Grant, bud that the vehicle for protection of the conservation and ball values would he a restrictive covenant, not a conservation easement This First Amendment to the Grant Agreement accomplishes these cllnnges. The original Grant Agreement remains in effect. except as modified In the Amendment. Copies of the entire Emergency Resolution arc available for public Inspection at the Clerk and Recorders ASpr Jeanel e Jo l 530 East I 10 r a Main Street As l, Colorado AifiL d r pe . u Ing reg- War business hours. Publi shed in The Aspen Trues on January 13, 2001. 20111. 075447. +. -..... , .Leto. -, st,1 0, PUBLIC NOTICE RE MILLER CREEK ESTATES LOT 1. 2 & 3 APPEAL OF HEARING OFFICER DETERMINA- TIONS. NOTICE LC HEREBY GIVEN that a public hearing will be held on February 14. 2011 at a regular meeting to begin at 3:00 PM or as soon there after as the conduct of business allows. before the Board Of County Commissioners, Plaza One Conferenbe Room, ,5.30 E. Main St., A.spin to con Sider an appeal by Community Development staff, requesting the change of Condition #141n Hearing Officer Determhatlons 262000, 27 -2000, 282000. The properties are Is located in the Frying Pan Valley near Meredith and are describer) as Lot% I, 2 & 3 of Miller Creek Estates, situated In Section 14. Township R South, Range 85 West of the 61h PM. The appli- cation /resolution are available for public Inspec- finn In the Community Development Department. City Hall, 130 S. Galena St., Aspen CO 81611. For further information, contact Suzanne Wolff at (970) 9285093. Jeanette Junes. Deputy County Clerk Brand] a of Cotmty Commissioners 200E 075441. 2001.0754 In The Aspen Times on January 13, PUBLIC NOTICE NOTICE OF FINAL PAYMENT After ten (10) days from the date of the second publication on January 12, 200 1, the Aspen Consolidated Sanitation District, Owner, will pay in US FIlter/Daveco, Cataract.,, the full balance due on the Contract "Final Filler #1 Rehabilitation ". All persons having claims for labor. rentals, services, ar mandate furnished under this Contract, who shall not have been paid herefor shall present the same to the Owner In writing and vedlied prior to the date specified altui or the Owner shall he free of all liabilities for attempting to obtain payment to such persons by the Contractor. Published in The Aspen Times January 6 and January 1 3, 2001. ( PUBLIC NOTICE NOTICE OF FINAL SETTLEMENT PROJECT 0 SHE R300 4M SUB ACCOUNT #12969 In accordance with the entice provisions con tamed In 3826107 C.R.S. 1. es me ad, the DEPARTMENT OF TRANSPORTATION, 5TATF. OF COLORADO has established January 3.2 1, as the dale of final settlement wllh Mark Ile Unes of Montana, Inc., Project # SHE 8300060, located on SH 6. 24. 40, 50, 550, g2, I -70 and 1 -70 Frontage Road In Mesa. Delta, Montrose, Garfield. Eagle, Lake, Pitkin, Mollal, Roil and Grand Counties consisting of atnDing and epoxy pavement marking. Claims containing a verified statement of the amounts due and unpaid must be in the loon of a written affidavit and must be received by the CONTROLLER. Department of Transportation at 4201 E. Arkansas Avenue. Denver, Colorado, 80222, on or before 5:00 p.m. of the final settle- ment date above. John M. Unbewusl, Chief Engineer, Division of Highways Published in The Aspen Times January 6 and 13, 2001. (75434) PUBLC NOTICE NOTICE TO CREDITORS Estate of BETTE J. KALLSTROM. Deceased. Case No. OOPR37.3 _ Ali persona having _claims against the idr ve.umid estate am required ft, present them to the personal representative or to the District Court, County M Pitkin. Colorado an or before May IIL 201E or the calms rimy be forev- er barred. Gary A. Wrlghl 201 N. MITI Street Aspen, Colorado $1611 Published In The Aspen Times on January 6, 13, and 20, 2001. (74577) PUBLIC NOTICE RE COLLINS EXTENSION OF VESTED RIGHTS (P17946). NOTICE IS HEREBY GIVEN that a pub- lie bearing will be held on Wednesday, February 14, 2001 at a regular meeting to begin at 3.10 PM or as soon thereafter as the conduct of business allows, ?mime the Board of County Commissioners, Plaza One Conference Roam, 530 E. Main St.. Aspen to consider an application submitted by the Barry Welhmlller Group, Inc., requesting an extension of the vested rights associated with a 1041 Hazard Review approval pursuant to a Hearing Officer Determination on March 26, 1998. The properly Is Imatedat Tract 11. Aspen River Valley Ranch and Is described as a parcel of land being pan of Tracts 70. 71 and 72- Section 25, Township 8 South, Range 86, West of the 6th PM. The application /resolution are available for public inspection In the Community Development Department, City Hall, 130 S. Gale. 51.. Aspen C081611. For furtherkdorma- t contact Brian McNellis at (970) 9205099. Jeanette Jones. Deputy County Clerk Board of County Commissioners Published In The Aspen Times on January 13, 2001.#75446. PUBLIC NONCE NOTICE OF PUBLIC HEARING PLEASE TAKE NOTICE.: That the Board of County Comma sinners of Pllkin County, Colorado, will mush er file following llrtlinance at the Dtard'a regular meeting on Wednesday, January 10. 2001 at 2:00 p.m., Plana I Meeting Room, lad noon Courthouse Annex Building, 530 East Main Street, Aspen, Colorado, at which time and place all members of the public may appear and be heard: ORDINANCE OF THE BOARD OF COUNTY COM- MISSIONERS OF PITKIN COUNTY, COLORADO. ESTABLISHING AN EMERGENCY MEDICAL SER. VICES AND TRAUMA COUNCIL (FMTAQ AND COUNTY AMBULANCE LICENSING REGULA. TIONS With the Pltkln Cnunly Rtiming Fork Area Trauma Advisory Council dissolved by the cm all." of the Central Mountains Regional Emergency and 'Trauma Advisory Council. the members of the local Emergency Medical Service Council desire to create a Pitkin County EMS and Trauma Council (EMTAQ to maintain local Input Into the County's emergency medical Services and accident prevention programs In order to make He most efficient use oNhe exist - Ing shared resources. equipment and facilities that provide traena and emergency medical ser- vices. Cuples of the proposed Ordinance are available for public inspection during regular business hour In the Office of the Clerk and Recorder, 530 East Main Street. Aspen, Colorado 81611, Phone (970) 9215157 or (970) 920.5206. Jeauetie Jones, Deputy County Clerk Published In The Aspen Times on January 13, 2001.#75448. PUBLIC NOTICE A RESOLUTION OF THE BOARD O A F COUNTY COMMISSIONERS IN COUNTY, ORADO. APPROVING A LG A LICENSE AND USE USE AGREEMENT FOR AND THE ASPEN /PTTKIN COUNTY AIRPORT- Resolution #801. Series "12161 RECfFMS 1. Pllkin County. a Colorado hnmmrole county, Is r,• +J ` r , , , n r. 1• n,l JOt all the owner, sponsor and operator of the Aspen /Pllkin County Airport (Sandy Field), )orm ed In the vl COu of Aspen, Colorado, snot has the authority to regulate commercial actlWlles and In lease and Ilcense space at the Airport. pursuant lo. Imer ejh, 1973 C.R.S. 41 -4-101 et seq.. 30.15202. Title N of the Pitkin County Code, and Section 8.7 of the Pitkin County Home Rule Charter, and 2 The Airport has Installed a computer con - balled gate system at the entrance and exit to the commercial vehicle traffic circle. The Airport will generate monthly billing to users. based upon their use of the commercial system. as recorded by the gate system. 3.. The billing rate standure has been eslab- Iished by the airport's consultant for this pm jest. GaleKeeper Systems. Inc. The rate struc- ture Is based upon past use, and related charges. of the Airport commercial traffic circle. 4. On the recommendation of stall, the BOCC finds that the approval of this rate structure Is In the beat Interest of the County. NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF PFIKIN COUNTY, COLORADO. THAT: Section I Approval and Adoption. That the Commercial Traffic Circle Rate Structure, attached as Exhibit A and Incorporated herein by this reference, is hereby approved and adopt- ed. Section 2 Authority to Execute. The Chair (or Vice - Chair) of the Board of County Commissioners is hereby authorized and direct- ed to execute on behalf of the County this Resolution and the subject documents to accomplish the transactions that have been approved as to form by the County Manager and County Attorney. Section 3 Copies for Public Inspection. A true and corrected copy of the Contract Agreement (Exhibit "A shall he kept available for public Inspection during normal business hours in the office of the Pitkin County Clerk and Recorder, Pitkin County Courthouse, 5,10 E. Main. Aspen, Colorado 81611, and the office of the Director of Aviation. 0233 E Airport Road, Suite A Aspen, Colorado 81611. Section 4 Public Hearing. That a public hearing on this Resolution will be held at 2:00 p.m., local time. or as soon thereafter m the conduct of business will allow, on January 24 In a location Identified by a notice In the Pitkin Calmly Courthouse, Aspen, Colorado. Section 5 Publication. That this Resolution shall be published prior to and after adoption In full, but without exhibits. NOTICE OF PUBLIC HEARING PLEASE TAKE NOTICE: That the Board of County Commissioners of Pllkin County, Colorado, will consider the lollowlng Resolullon at their regular meeting of the Board of County Commissioners on January 24, 2001 at 2:00 p.m., or ge soon as business allows. In the Plaza 1 Meeting Room, 1st floor. Courthouse Annex Building, 530 East Main Street, Aspen. Colorado, at which time and place all members of the pub lic may appear and be heard: RESOLUTION OF THE BOARD OF COUNTY COW MISSIONERS OF PNKIN COUNTY, COLORADO, SETTING RATE STRUCTURE FOR AIRPORT VEHICULAR COMMERCIAL TRAFFIC FOR 200 1. Copley of the proposed Resolution, Including the rate structure attached as Exhibit A. are available for public Inspection during regular business hours in the Office of the Clerk and Recorder, 510 East Mann Street. Aspen. Colorado 81611. Phone t170) 9205157 JeanetteJmee. Deputy County Clerk' e Published In The Aspen Times on January 13, 2001. #75449. PUBLIC NOTICE NOTICE OF PUBLIC TRUSTEE. SALF, Public Trustee No 01 -02 To Whom It may Concern: This Notice Is given with regard to the following described Deed of Trust: Grantor (Borrower): Guillermo Feldman Original Beneficiary: Chase Manhattan Personal Financial Services A Division of Chase Manhattan Mortgage Corporation Current Owner of the Evidence of Debt: Chase Mortgage Holdings, Inc. Date of Deed of Trust: September 12. 1995 Recording Date of Deed of Trust: September 18, 1995 Original Principal Amount of Evidence of Debt: $440.000.00 Outstanding Principal Amount of Evidence of Debt as of the date heaml: $3 56.758.36 County al Recording: Pitkin Book and Page No. or Reception No. of Recorded Deed of Trust: In Book 793 at Page 834 Legal Description of Real Property; SEE EXHIBIT "A" ATTACHED HERETO AND AS RECEPTION NO. 2306M AND MARCH 26,1981 IN BOOK 406 AT PAGE 198 AS RECEPTION NO. 231773 AND SEPTEMBER 4, 1984 IN BOOK 472 AT PAGE 624 AS RECEPTION NO. 262219. Published in The Aspen Times on January 13, 2001.(75457) PUBLIC NOTICE NOTICE OF PUBLIC TRUSTEE'S SALE NO. 01-01 To Whom It May Concern: This Notice is given with regard to the following described Deed of Trust: Original Grantor of Deed of Trust (Borrower) Steve Collin and Susan Capiel Collin Original Beneficiary of Deed of Trust Long Beach Mortgage Company Current owner of the evidence of debt secured by the Deed of Trust Norwest Bank Minnesota, N.A. Date of Deed of Trust March 19, 1499 Recording Dale of Deed of Trust March 29, 1999 County of Recording Pitkin Recording Information of Deed of Trust Reception No. 429305 YOU ARE HEREBY NOTIFIED that Norwest Bank Minnesota, NA.. the legal owner of an evi- dence of debt, the original principal of which was $475,000.00 and which Is secured by the Deed of Trust described above, has filed written election and demand for sale as provided In said Deed of Trust. The outstanding principal bal- ance due and owing upon the evidence of debt secured by the above- described Deed of Trust being foreclosed Is $469,859.13 as of September 26, 2000. The foliowingdescelbed property situate In the County of Pfikin. Slate of Colorado. Is all Of the property encumbered by said Deed of Trost LOT 7 BLOCK 2 ASPEN GROVE SUBDIVh SION ACCORDING TO THE PLAT THEREOF RECORDED SEPTEMBER 3,19611N DITCH BOOK 2A AT PAGE 291 which has the address .1 400 McSkfmming Aspen, CO 61611 THE LIEN OF THE DEED OF TRUST TO BE FORECLOSED MAY NOT BE A FIRST LIEN THEREFORE. NOTICE IS HEREBY GIVEN that I will self. at 10:00 o'clock a.m.. on the date of February 21, 21XH. al the So front door M the Pitkin County Cuurlh...aq 516 Fast Mal" Sheet, Aspen, Colorado, at public auction to the highest and beat bidder for cash, the real prop erty described above and all Interest of said Grantor. the heirs, successors and assigns of said Grantor. for the purpose of paying the Indebtedness provided In said Nate and Deed of Trust, attorneys fees, and the expenses at sale. and will deliver to the purchaser a Certificate of Purchase, all As provided by law. PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT YOU ARE ADVISED THAT HELLERSTEIN AND SHORE. P.C. IS DEEMED A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. The name, address and telephone number of the attorneys representing the legal holder of the Indebtedness Is: Hellmsteln and Share. P.C., 4601 DTC Boulevard. Suite 1025, Denver, Colorado A0237 (303) 5731090. Dale: January 2, 2161 Thomas Carl Oken, Public Trustee In and for the County of Pltkln Name of Publication: The Aspen Times not Pulilfcatlon Date: January 13.2001 4 ' - Lget Publication Date: February 10. 2001 BX Carol L/ Foote, Deputy Public Trust" Published In The Aspen Times nn January 13, 2001. (754 %) PUBLIC NOTICE ORDINANCE NO. 57 Series of 2001 AN ORDINANCE AMENDING THE MUNICIPAL CODE OF THE CITY OF ASPEN BY AMENDING SECTIONS 2.12.010, 2.12020, 2.12.040, 2.12.045, 2.12.050(8, 2.12.050(h), 25.04.110, 25.16.090, 26.04.060, AND 2624.070 TO INCREASE ASPEN MUNICIPAL GOLF COURSE FEES, ASPEN ICE GARDEN USER FEES, JAMES E MOORE POOL USER FEES, MISCELLANEOUS LEISURE AND RECREATION DEPARTMENT USER FEES. WHEEL ER OPERA HOUSE FEES, LAND USE APPLICA- TION FEES, HISTORIC PRESERVATION APPLICA- TION FEES AND ZONING FEES, ENVIRONMEN- TAL HEALTH DEPARTMENT FEE, AND ELECTRIC AND WATER SERVICE DEPOSIT FEES. Copies of the ordinance are available in the office of the city clerk. 130 5. Galena. Aspen. Colorado. during normal business hours. FINALLY adopted, passed and approved this Bill day of January 2001 INCORPORATED HEREIN BY REFERENCE Rachel E Richards WHICH HAS THE ADDRESS OF 0366 Country Mayor Club Circle #1 Snowmxss Village, CO 81615 ATTEST: THE PROPERTY DESCRIBED HEREIN IS ALL Kathryn S. Koch OF THE PROPERTY ENCUMBERED BY THE City Clerk LIEN OF THE DEED OF TRUST. Published In The Aspen Times on January 13, THE LEN FORECLOSED MAY NOT BE A FIRST 2001. (75454) LIEN. Chase Mortgage Holdings, Inc the owner of the PUBLIC NOTICE Evidence of Debt t secured by the Deed of Trust ORDINANCE NO. 58 described herein, has tiled written election and demand for sale as provided by law and In said Series of 20R1 AN ORDINANCE OF THE CITY COUNCIL OF THE Deed al Trust. CRY OF ASPEN. COLORADO, AMENDING SEC - TFI Notice le Herebyo that TION 26.510.031)(B) TO CHANCE THE RE6111A- I a1 t 10 : 0 0 In the forenoon al TIONS RELATING TO RESIDENTIAL SECURITY esday, , Feb ruuary ary 2 1, 200E Wednesday, 6anlb Feb 2ontd SIGNS AND RESIDENTIAL NAME AND ADDRESS M County tba u , 5 Sob Eap SIGNS. Aspen. hill nln, Aspen, n. Col Colorado, B ell ell a at puM1lic aadlon Copies of the ordinance are available In the to the highest end beat bidder for call, the office of the city clerk, 130 S. Galena, Aspen. said real property and all Interest of the hard Colorado, during normal business hours. heirs and assigns them FINALLY ado led, passed and a roved this Bill pp In, far the purpose f In, for the purpose of paying the Indebtedness day of January 2001 provided In said E of Debt Rachel E Richards the Deed of Trust. t, plus plus at torney s' ' fees, lees, se le expen of va and other Items ms allowed allowed bylaw, ES T: ATT S. and will deliver to the purchaser a Certificate of Kathryn Koch Purchase, all provided by y THE LAW W FIRM OF CASTLE, TO Published In The Aspen Times on January 13, a BAFFIN & FRAPPIF.R, LLC 1.5 ATTEMPTING TING TO 2001.(75455 COLLECT A DEBT AND ANY INFORMATION V PUBLIC NOTICE. OBTAINED WILL BE USED FOR THAT PURPOSE A RE: RYAN PARCEL SUBDIVISION EXEMPTION Dated: January 2, 2001 Thomas Carl Oken, Public Trustee in and for the AND 1041 HAZARD REVIEW AMENDMENT County of Pltkln, Colorado (P120,M) NOTICE IS HEREBY GIVEN that a public hearing First Publication: January 13, 2001 Last Publication: February 10, 2001 will be held on Wednesday, February 14, 2001 at by: Carol Deputy Trustee a regular meeting In begin et 1:1X1 PM or as sewn thereafter as the conduct Of business allows, Name a[ u e Fume, en Times The Aspen before the Board of Calmly Commissioners. Cooney: : Castle. Uaflin & Frappieg LLC . Ba r Caren Jacobs Casttle ie Plaza One Conference Room. 5..10 E. Main St., 1099 Did, St., Suite 161X1 Aspen to consider an application submitted by Denver. C.I.d. 80202 Aspen Valley Land Trust and Open Space & (303) 2965251 Trails Boar A, requesting EXHIBR A the properly Into separate parcels: s: one owned CONDOMINIUM UNIT 1. AS SHOWN ON THE by OSTR and one owned by AVLT. The parcel owned by AVLT will retain the development AMENDED AND RESTATED COUNTRY CLUB TOWNHOMES CONDOMINIUM MAP (PHASE 1) right from the fathering parcel. and will contain FILED IN THE RECORDS OF THE CLERK AND a building envelope for a new single family real. times. Na development right Is so for 1 sought lhe g R RECORDER OF nTKIN COUNTY. COLORADO ON FEBRUARY 5. 19H1 IN PLAT ROOK 10 AT owned b OS TR. The Is l P Y property - c t PAGE 96 AND AS DEFINED AND DESCRIBED IN ed To kla! and t the west side of Castle Creek Road, 1 the m Tahe King Cabin and mile of te THE AMENDED AND RESTATED CONDOMINIUM DECLARATION FOR THE COUNTRY CLUB C athe dr al lake and the Pine Creek TOWNHOMES, SNOWMASS VILLAGE COL .. . described Cookhouse end la described es a Panel of land si 1. Nn. 93 and No. 2016, ORADO, APPEARING IN SUCH RECORDS FILED ON FEBRUARY 5, 19911N BOOK 403 AT PAGE 779 Tow hi I I Som 4 West Tn ship IDSth, Range 84 West of the l PM. The applicmlon /resalulinn are available for public Inspection In the Communl Development Department, City Hall, 130 Galena St., Aspen CO 81611. Far further Inlr station. contact Suzanne Wolff at (970) % 5093. Jeanette Jones, Deputy County Cie Board of County Commisslone Published In The Aspen Times on January 1 2001. 475445. PUBLIC NOTICE. ANNUAL NOTIFICATION OF RATES AN ALLOCATION OF REVENUES FOR THE ASPF CONSOLIDATED SANITATION DISTRICT: The Board of Directors approved a 6% ra Increase in service charges form rs of it Aspen Consolidated Sanitation rt whin will be effective for the first quariBRIOMI bill]" The Increase in charges will provide revenues i offset Increased labor costs, provide (Or capil replacement, and offset Inflation. This Is the fir time in seven years that service charges has been Increased above the rate of Inflation. AS a past EPA grant recipient, the Distri. Is required to notify members annually al It cost of service and how service charge revenue are allocated to costs in accordance with EF regulations. service charges are based upr potential use, which Is determined primarl from a count of water using fixtures. For exar pie, the monthly billing minimum charge for three bedroom, two bath home of up to 35( square feel Is $10.54 a month. The servi, charge Increases as the size of The residenr Increases and water using tMures are adder Our monthly minimum rate compares ver favorably on a local and statewide basis. The District's 2001 service charge re' enues will be allocated In the following marine 52% for treatment facility operation. 27% it sewer Ime maintenance, 18% for administratic and 3% for capital replacements. For more Information concerning Aspen public wastewater treatment disM[vL coma- the district Wflce at (970) 92536$ Published In The Aspen Times ,.,,,�y 13 an 20,2000.#75453. PUBLIC NOTICE RE SBA[WOODY CREEKIAPPEAL OF A BOAR OF ADJUSTMENT DECISION (P6946) - NOTICE IS HEREBY GIVEN that a public heart,, will be held on February 14, 2001 at a regulz meeting to begin at 3:00 PM or as soon then alter ge the conduct of business allows, befor the Board of County Commissioners. Plaza On Conference Room, S30 E. Mal. St., Aspen to cot Sider an appeal of a Board of Adjustment dm Stan on December 5, 2000 granting a height vat ance far SBA /John & Rita Ham. The property I located at 26MI Highway 82 and Is described a part of Tracts 73 & 74 at Section 27 former) described as the NW I14 of the SE 1/4, and Lot S. 9. 13 and 14 of Section 27, Township 8 SouU Range 86 West of the 6th PM. Th application /resolution are available for pub1H Inspection In the Community Developrsen Department. City Hail, 130 S. Galena SL, Aspe. CO 81611. For further Information, coma, Brain MrNellis at (970) 920.5099. Jeanette Jones, Deputy County Cleri Board of County Commissioner Published In The Aspen Times an January. l2 2001. #75440. PUBLIC NOTICE RE WHEELER FAMILY SUBDIVISION CONCEP TUAL SUBMISSION, GMOS EXEMPTION & HM HAZARD REVIEW (P6899) NOTICE IS HEREBY GIVEN that a public head" will In held no February M, 2001 at n regal,. mendug to begin at 3:00 PM or as Soon there after as the conduct of business allows, befnr the Board of County Commissioners. Plaza Om Conference Be... 530 E. Main St., Aspen to can Sider an application by Jack & loan Wheele requesting Conceptual Subdivision and Growl) Management Exemption for the creation of Ion Iola and 1041 Hazard Review approval to estate hall building envelopes on each of the lobs. Th properly Is located In the Frying Pan Valle across from the Meredith General Store, and is described as all the land lying South of the cen leriine of the Frying Pan Road As now In plact and in use In the following quarter sections: His 114 NW 1/4. NE I/4 NW 1/4, Section 13, and SM 1/4 SW I 14, SE 1/4 SW 114 Section 12, Township I South, Range 84 West of the 6th PM. The appal cation /resolution are available for public Inspec Ilan In the Community Developmen Department, City Hall, 130 S. Galena St., Aspei CO 81611. For further Information, cause Tamara Pregl at (970) 9205103. Jeanette Jones. Deputy County Clerl Board of County C sloven Published In The Aspen T ams o ary 13 2001. 075439. LEGALS DEADLINE IS IYOOIY ON TUE SDAY Copy must be clearly typ NO. fax transmissions accepted for publication. E -mail i your le S als to le al a enti s@ s mess !3 P 4 m ASPEN/PITKIN (- MMMTY DEVELOPMENT DEPAR'IQ'NT 130 S. Galena Street Aspen, Colorado 81611 (970) 920 -5090 FAX # (970) 920 -5439 December 9, 2000 Stan Clausen 200 East Main St. Aspen, CO 81611 Re: Collins Extension of Vested Rights P179 -00 Dear Stan, 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 Board of County Commissioners, Plaza One Conference Room, 530 E. Main St., Aspen, on Wednesday, February 14, 2001 at a meeting to begin at 3:00 P.M. 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. 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 Brian McNellis, the planner assigned to your case, at 920 -5099. Sincerely, Tenley Taylor Administrative Assistant u�iQQQ8 .4, rr W APPLICATION W Rainbow Ranch East Lower River Road Woody Creek, Colorado 15 November 2000 M Applicant: Barry Weihmiller Group, Inc. Location: Tract 11 Aspen River Valley Ranch Woody Creek, Colorado ., Zone District: AFR -10 L An application for Extension of Vested Rights for a currently valid 1041 Hazard Review and Conceptual Submission approval establishing a building envelope to construct a new single - family residence. Represented by: 000010 Stan Clauson Associates, LLC 200 E. Main Street Aspen, CO 81611 970 - 925 -2323 wr STAN CL1USON AssociATEs, LLc Mr. Brian McNellis tr Pitkin County Community Development Department 130 S. Galena Street Aspen, Colorado 81611 Ur Re: Letter of Request for Extension of Vested Rights Yr im "Rainbow Ranch," Tract 11, Aspen River Valley Ranch, Woody Creek Dear Brian: ki ^ �o t "c. On behalf of Robert Chapman and the Barry Weihmiller cup, Inc., I am writing to request ^ that the Board of County Commissioners conduct the cessary reviews to provide for an extension of vested rights for a currently valid 1041 d Review and Conceptual Submission. This review, which was approved on 26 March 1 8 stablished a building envelope to construct ^ a new single - family residence on the 38 -acre property, which is located on East Lower river road in Woody Creek. My client is seeking a three -year extension of vested rights as provided under im Section 4- 140 -30 of the Pitkin County Land Use Code. Mr. Chapman purchased the property in January of 1999 from the Collins Family Trust, which was the original applicant for the 1041 Hazard Review and Conceptual Submission. Since ._ purchasing the property, Mr. Chapman has made fence and river bank improvements. He has diligently pursued a design which would be consistent with the approvals as granted, and which would also represent the best and most careful use of the site. He has employed Julia Marshall, .� of Mt. Daly Enterprises, as a landscape architect and Michael Fuller, of Michael Fuller Architects, as architect. Additional design activities which remain to be performed would result in an untimely application for a building permit, unless an extension to vested rights is granted. An extension can be granted without compromising any interests on the part of the County with respect to this area, as there have been no site - specific zoning changes since the original approval was granted. ^ Attached to this letter is a land use code Standards Report, addressing the applicable code sections as identified in the Pre - application Conference Summary, dated 12 October 2000, as well as the other required materials for these reviews. We are providing herewith two checks: r, one in the amount of $1,110 as the required deposit for the review process, and the other in the amount of $110 for the Pitkin County Clerk and Recorder. IN ^ L Planning • Urban Design Transportation Studies ,... DE",.. �,•L: _ �; . -� a Project Management 200 EAST WAIN STrt ASPEN, COLORADO 81611 TELEPHONE: 970.925.2323 FAX. 970.920 1628 E- XIAIL: ClausonQCSI.com ^ it 15 November 2000 Mr. Brian McNellis tr Pitkin County Community Development Department 130 S. Galena Street Aspen, Colorado 81611 Ur Re: Letter of Request for Extension of Vested Rights Yr im "Rainbow Ranch," Tract 11, Aspen River Valley Ranch, Woody Creek Dear Brian: ki ^ �o t "c. On behalf of Robert Chapman and the Barry Weihmiller cup, Inc., I am writing to request ^ that the Board of County Commissioners conduct the cessary reviews to provide for an extension of vested rights for a currently valid 1041 d Review and Conceptual Submission. This review, which was approved on 26 March 1 8 stablished a building envelope to construct ^ a new single - family residence on the 38 -acre property, which is located on East Lower river road in Woody Creek. My client is seeking a three -year extension of vested rights as provided under im Section 4- 140 -30 of the Pitkin County Land Use Code. Mr. Chapman purchased the property in January of 1999 from the Collins Family Trust, which was the original applicant for the 1041 Hazard Review and Conceptual Submission. Since ._ purchasing the property, Mr. Chapman has made fence and river bank improvements. He has diligently pursued a design which would be consistent with the approvals as granted, and which would also represent the best and most careful use of the site. He has employed Julia Marshall, .� of Mt. Daly Enterprises, as a landscape architect and Michael Fuller, of Michael Fuller Architects, as architect. Additional design activities which remain to be performed would result in an untimely application for a building permit, unless an extension to vested rights is granted. An extension can be granted without compromising any interests on the part of the County with respect to this area, as there have been no site - specific zoning changes since the original approval was granted. ^ Attached to this letter is a land use code Standards Report, addressing the applicable code sections as identified in the Pre - application Conference Summary, dated 12 October 2000, as well as the other required materials for these reviews. We are providing herewith two checks: r, one in the amount of $1,110 as the required deposit for the review process, and the other in the amount of $110 for the Pitkin County Clerk and Recorder. IN ^ L 0000, P—k �...,- 1 ,... DE",.. �,•L: _ �; . -� a Mr. Brian McNellis Pitkin County Community Development Department w 15 November 2000 Page Two r We look forward to an opportunity to present this project in the hearing process and remain w ready to answer any questions which staff or the Commissioners may have regarding the project. Very truly yours, W r� V Stan Clauson, AICP, ASLA W STAN CLAUSON ASSOCIATES, LLC Attachments 1 -7: 1. Report addressing Code Section 4- 140 -30, Extension of Vested Rights ., 2. Copies of previous land use approvals 3. Site plan reduction 4. Proof of Ownership, including parcel description �.. 5. Legal Access 19 6. Agreement for payment 7. List of adjacent property owners -- 8. Pre - application Conference Summary 9. 24 "x36" Site Plans (10 copies, provided separately) i „ Cc: Applicant w v yr it &:0012 �r w ATTACHMENT 1 CJ Land Use Standards Report ^ Project: Request for Extension of Vested Rights Tract 11, Aspen River Valley Ranch, Woody Creek w Responses to Extension of Vested Property Rights, Sec. 4- 140-30 ^ im The Board may approve an extension of vested property rights ... in accordance with this Section and Sections 4 -50 and 5 -50. y A In reviewing a request for the extension or reinstatement of vested property rights, the Board shall consider, but not be limited to the following criteria: it 1. The applicant's compliance with any conditions requiring performance prior to the date of application for extension or reinstatement of vested rights; ^ Response: At the time of the original approval, thirteen conditions were established �II The first two conditions related to modifications required for the final site plan. These conditions were fuYlled with the modifications provided in the site plan as filed with the County Clerk and Recorder. The remaining conditions relate to activities required as part to the filing of a Building Permit application. These conditions will be complied with at the time of filing for a Building Permit Application. 2. The progress made in pursuing the project to date including the effort to obtain any other permits, such as building permits, and the expenditures made by the applicant in pursuing the project; w Response: The applicant has hired and paid fees to Julia Marshall, of Mt. Daly Enterprises, as kmdscape architect and Michael Fuller, of Michael Fuller Architects, as architect. These professionals have been engaged to study the site in order to come up IN with a design which meets all the requirements of the approvals and, at the same time, represents a high quality construction which fits well with the landscape. In addition, the applicant has undertaken river bank improvements, in accordance with Federal and State so regulations, to stabilize the river bank along the property. .. 3. The nature and extent of any benefits already received by the County as a IN result of project approval such as impact fees or land dedications; Response: No impact fees or land dedications were required as a result of project approval. Fees will be paid with the application for Building Permit, as prescribed by County regulations. 4. The needs of the County and the applicant that would be served by approval of the extension or reinstatement request. .. Response: The applicant has made a good faith effort to develop an appropriate design for a single family house in accordance with the previous approvals. the County 6 000013 OW Rainbow Ranch Request for Extension of Vested Rights 6 September 2000 Standards Report can depend on the applicant's on -going efforts to develop this design by using well - .. respected consultants. The applicant needs to be assured that the approvals as granted will remain in force through the continuation of the design process. 5. An extension or reinstatement may be in the form of a development agreement duly authorized and executed by the applicant and the County. Reasonable conditions may be imposed by the Board when granting any such extension or reinstatement. 0 Response: The applicant has already complied with the first two conditions of the original approval. These conditions related to plat modifications required before filing a final plat. The applicant agrees that the remaining conditions established as part of the original approval should be carried forward as part of the extension of vested rights. B In connection with any request for reinstatement of a vested property right after forfeiture or reinstatement of a suspended or revoked development approval, the .. Board shall determine the financial impacts.... The hcan t has a currently valid it Response: This provision does not apply . app vested property right, which has not been forfeited, suspended or revoked v rr v r. r rr rr yr ift Page 2 of 2 an 000014 .s w ATTACHMENT 3 .,, PREVIOUS LAND USE APPROVAL rr DETERVLLNATION OF THE EE.LRL` G OFFICER OF THE COND9117= DEVELOPMENT DEP.4RT17ENT OF PITIQN COLI COLORADO. REGARI)DiG TEE COLLLNS 10.31 HAZARD REVIENv AN CONCEPTL;AL SLBNJISSION r 1. Collins Family Trust (hereafter "Applicant") has applied to the Pitkin County Hearing Otiice: (hereafter "Hearing Ofcer') for a 1041 Hazard Review and Conceptual Submission acrrovai to establish a building envelope to construct a new sing e- family residence. w The property is located on East Lower River Road in Woody Creek. and is more spec _icail_v described as Tract 11, Aspen River Vallev Ranch. r+ The propery is zoned AFR -10. The site contains aouroximate!v 38 acres. The Hearing Office. heard this application at a public hearing on March 16, 1998 at which time evidence and testimony were presented with respect to this application. i NOW THEREFORE, BE IT RESOLVED by the Pitkin County 'nearing Officer chat approval is hereby granted to the Collins 1041 Hazard Review and Conceptual Submission, subject to the - cilowir2 W conditions: Tne Applicant shall submit an amended site plan to the Communiry Development Deparzr.te nt N for recording, prior to submission of any building permit applications. The site plan shall also be submitted in digital format for inte_^ation into the County's GIS system. The final site piar, shall be modified as follows: w A. The signature block for the Plannine Director shall be changed to Pitkin County Hearing Officer. �+ B. The signature block for the Board of County Commissioners shall be removed. C. The building envelope shall be amended per Condition 41 D. The building envelope shall be identified on the small illustration at the bottom of the 10. 1 Hazard Review site plan. E. Due to potential future use of the railroad corridor, the following notice shall be included or. the face of the site plan: "T"he applicant acknowledges that the Rcarimg Fork Railroad Holding Authority (RFRHA) railroad corridor may be used as a future mass transit and recreational access corridor." This acknowledgment has been imposed as a condirion of this 1041 review and shall not be cons tied to be a waiver of any rizhu the owner of this M property may have to object to any use, activity or any other matte,- per wining to said rail /trail coridor. F. The applicant shall delineate the RF RHA. right -of -way on the site Sian. r G. Tne ri_sltt -of -way of Lowe: River Road shall also be illustrated on the site plan.. _ H. The driveway e=ance onto Lower River Road shall be depicted on the site plan. rr 000015 I Illlli 11111 lllill 111111 illll Ilill 11111 ill 1111111111111 418604 04/14/1998 11:08A DETERNIN Di3VIS SILVI 1 of 4 R 0 .00 0 0 .00 N 0.00 PITKIN COUNTY CO W Determination No. 98 -, P,,, 2 Z. The building envelope shall be modified to reflect a recommended 100 foot rear yard setback from the `Last Chance Ditch' instead of the 50 foot setback as indicated on the site plan. Y _. Prior to building permit, the Applicant shall select which of the East. West or South property lines shall be the 100 foot front yard setback for the purpose of Bete— mining the applicable building setback. The Applicant shall comply with the following landscaping and wildfire defensible space r..itigation standards: 000016 1 11111111111(IIN 111111 11111 11111 11111111111111111 IN 415604 04/14/1998 11:08q DETERMIN DAVIS SILVI I eo 4 R 0.00 D 0.00 N 0.20 PITX:N COUNTY CC A. Brush, debris, and non - ornamental vegetation shall be removed within a minimum 10 foot B. perimeter around the structure. B. Vegetation shall be reduced to break up the vertical and horizontal continuity of the fuels a we D. minimum of a 30 foot perimeter around a structure built on flat ground. li C. Spacing between clumps of brush and vegetacon within the 30 `oot perimeters shall be a minimum of two times the height of the fuel. Maximum diameter of the clumps shall be two M F. times the height of the fuel. All measurements shall be from the edges of the Crowns of the it fuel. D. All branches from trees and brush within the 30 foot perimeter shall be pruned to a height of ^ 10 feet above the ground and removal of ladder fuels from around trees and brush. E. Tree crown separation within the 30 foot perimeter shall have a minimum of 10 feet be wveen I. the edges of the crowns. This does not apply to mature sands of Aspen trees where the 1. above recommendation for removal of ladder fue!s have been compiled with. In areas of aspen regeneration, the spacing guidelines shall be followed. F. All branches which extend over the roof eaves shall be trimmed and all branches within 15 feet of the chimnevs shall be removed. G. The density of fuel within a 100 foot perimeter of thesattctures shall be reduced where natural reduction has not already occurred. H. All deadfall within the 100 foot perimeter shall be removed. I. The Applicant shall be responsible for the continued maintenance of the defensible space vegetation requirements. P - iY 5. The Applicant shall comply with the following additional wildfire mitigation standards: 000016 1 11111111111(IIN 111111 11111 11111 11111111111111111 IN 415604 04/14/1998 11:08q DETERMIN DAVIS SILVI I eo 4 R 0.00 D 0.00 N 0.20 PITX:N COUNTY CC A. Roof construction shall be Class A, non - combustible material with no flat roofs. B. Vents shall be screened with corrosive resistant wire mesh with mesh 1/4 inch maximum. C. Roofs and gutters shall be kept clear of debris. D. Yards shall be kept clear of all litter, slash, and flammable debris. im E. All flammable materials shall be stored on a parallel contour a minimum of 15 feet away from any structure. F. Weeds and grasses wit`tia the 10 foot perimeter shall be maintained to a height not more than it 6 inches. G. Firewood/wood piles stall be stacked on a parallel contour a minimum of 15 feet away from ^ the structure. H. Fences shall be kept clear of brush and debris. I. Wood fences shall not connect to the structure. 1. Fuel tanks shall be installed underground with an approved container. 000016 1 11111111111(IIN 111111 11111 11111 11111111111111111 IN 415604 04/14/1998 11:08q DETERMIN DAVIS SILVI I eo 4 R 0.00 D 0.00 N 0.20 PITX:N COUNTY CC i. A signed copy of Nicholas Lampiris letter dated November 21, 1996 shall be submitted to the Community Development Department for the files prior to the issuance of a building permit. S. No development, including grading, vegetation removal or disturbance, shall occur outside of the approved 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. Landscaping outside of the building envelope shall be allowed subject to the review and approval by the Community Development Department of a landscaping plan. 9. A fireplace /woodstove application must be filed and approved by the Environmental Health [rr Department prior to the issuance of a building permit. FM 10. Prior to the issuance of a septic permit and building permit, documentation shall be provided to the Environmental Health Department regarding the location of the proposed well and maintenance of the setbacks, and the quantity and quality of the well water on the site. w. 11. Prior to the issuance of a building permit, a septic permit shall be obtained by the Environmental Health Department. The septic system must be located within the building envelope. The !^ system shall comply with the County's septic regulations and designed by a registered professional engineer. 12. Prior to the issuance of a building permit, the Applicant shall determine if it is feasible to provide 6 adequate quality and quantity of water service on the property within the amended building envelope. If it has been determine that adequate water service cannot be obtained Tom within +^ the building envelope, the Applicant shall be allowed to located the well outside of the building j envelope. 13. Prior to the issuance of a building permit, the applicant shall submit to the County Engineer the ` following information: A. Proof of access over the railroad tracks to the property; r 000017 I Illlil IIIII I111111111111111111111111111111111111111111 elneae adnd /1992 11ASM DETERRIN OAVTS SILVI Determination No. 98 -_ - Page 3 K. Propane tanks shall be installed according to NFPA 48 standards and on a contour away from the structure with defensible space vegetation mitigation around any above- ground 1W tank. Anv wood enclosure around the tank shall be constructed with materials approved for 2 hour tire- resistive construction on the exterior side of the walls. L. Each structure shall have a minimum of one 10 pound ABC fire extinguisher. M. Addresses shall be clearly marked with 2 inch non - combustible letters and shall be visible and installed on a non - combustible post. N. The driveway shall be designed to comply with County standards. O. All utility extension shall be buried. 6. The Applicant shall implement the following measures to mitigate impacts to wildlife: A. All dogs shall be kenneled. except for working dogs when at work. B. Wire fencing shall employ a three strand barbed or smooth wire fence with a 42 inch maximum height above ground level and at least 12 inches between the top nvo strands. Wood rail fencing shall employ three rails or less. be the round or split rail type. shall not exceed 48 inches in height above ground level and I? inches in width (too view), and shall have at least 18 inches between 2 of the rails. i. A signed copy of Nicholas Lampiris letter dated November 21, 1996 shall be submitted to the Community Development Department for the files prior to the issuance of a building permit. S. No development, including grading, vegetation removal or disturbance, shall occur outside of the approved 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. Landscaping outside of the building envelope shall be allowed subject to the review and approval by the Community Development Department of a landscaping plan. 9. A fireplace /woodstove application must be filed and approved by the Environmental Health [rr Department prior to the issuance of a building permit. FM 10. Prior to the issuance of a septic permit and building permit, documentation shall be provided to the Environmental Health Department regarding the location of the proposed well and maintenance of the setbacks, and the quantity and quality of the well water on the site. w. 11. Prior to the issuance of a building permit, a septic permit shall be obtained by the Environmental Health Department. The septic system must be located within the building envelope. The !^ system shall comply with the County's septic regulations and designed by a registered professional engineer. 12. Prior to the issuance of a building permit, the Applicant shall determine if it is feasible to provide 6 adequate quality and quantity of water service on the property within the amended building envelope. If it has been determine that adequate water service cannot be obtained Tom within +^ the building envelope, the Applicant shall be allowed to located the well outside of the building j envelope. 13. Prior to the issuance of a building permit, the applicant shall submit to the County Engineer the ` following information: A. Proof of access over the railroad tracks to the property; r 000017 I Illlil IIIII I111111111111111111111111111111111111111111 elneae adnd /1992 11ASM DETERRIN OAVTS SILVI +w• go vi 1 9 at Determination No. 98- Page 4 B. Documentation on the alignment and grading of the gave! drive on the site: C. A revised site plan that delineates the right -of -way for RFRHA and Lower Rive,- Road: D. Easements documenting applicant's ability to utilize driveway which crosses adjacent progenies. I '.. For any free market residential structure of 5 .000 gross square ,feet or greater, the applicant is required to provide the following traffic studies: A. Prior to application for building permit the applicant shall provide for review and approval of the County Engineer a construction trip generation study. B. Prior to issuance of a Ce. aficate of Occupancy, the applicant shall provide a trip generation study for the residence, which shall be developed by a traffic engineering consultant hired by the applicant and pre - approved by the County Engineer. l =. All material representations made by the applicants in the application or in public meeting shall be adhered to and considered conditions or approval. unless amended by other conditions. W IN NOTICE OF PUBLIC HEARLNG PUBLISHED IN THE ASPEN TLMES ON TEE 14TH DAY OF FEBRUARY, 1998. APPROVED Ai`7D ADOPTED ON THE 26TH DAY OF NL -.RCH. 1998. ■ ATTEST: iw t PM it M YI 6 Sharon Hirman Administrative Assistant APPROVED AS TO FORM: John Ely, County A=45 y Case `P12 -98 PID W2467-252-00- HEARING OFFICER OF PITKIN COLtiiY, COLORADO Lance Clarke Hearing Officer Date: 7 �J ` -1 f c APPROVED AS TO CONTENT: Cindy Houben, Community Development Director 0 1111111111111111111111111111111111111111111111111111111 415604 04/14/1998 11:08ti DETERMIN DAVIS SILVI 4 of 4 R 0.00 0 0.00 N 0.00 PITKIN COUNTY CO a n a m F E F L 1 _t WARNRMAT'DXSgAMM AP1fICIryTA ] HATIArSIIR4TD ®/�40)�B7PSI)yYCOUM7 QT IIDMAOIMmVIK 61Zf�ARBAT IBG�AhFPC]' H8 OP1MYh7PNl; MDfdB U4AtlDOCCOPA1.piHBIdOP. JAMES H. COLLINS 1041 HAZARD REVIEW MAP Nr.�.. y3c�9e 1 /. �e . °O°�'""'o° 7113113 L3 Ls f . SLOW . ! i J ,, !. r1 , - .,.a �_� �C01 -9 e rwcmANL..AA I Y C� M= _M ei a n m ro no mn mrrzr raz: �'•d lYA rr rr.rrwrrr MMOMPirr�rry.ybbOSMNyr rrr�rraarwe.rrrrw..rra�rwa nr.sr.r�r rrrrrr��rrrrrrian ir.rrrr�vrrrrrrarr z Ir�r �zwr r�.r.r�rm.r,arr�rs.rrrar.a.r r�rr�r�r A+r+ro r sr.�rw�r.m..c .W7T2L%QlQMMWMmp — �ao/oer reoeowTSr m� r Has f! 1C010t ' L AMA 313M Aza _ _ L arcs f•za1 M,ftkm *is* 9.. LEGAL DESCPoPTION APMttI a IAMD soxo PARE vm.Gfi n, n, un n AMp sera Ipwl® �MBlCIIOr M. NM19 ®� 9glM. IUMi! M YIES� R 11K li VN9ICYK YEIIMN4110 iMGB U Wtlll! fULY OMC� A! FUIID�S ATTACHMENT 4 POLICY OF TITLE INSURANCE ISSUED BY PROOF O F OWNERSHIP � PARCEL DESCRIPTION STEWART TITLE GUARANTY COMPANY SUSPECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE S AND THE CONDITIONS AND STIPULATIONS, STEWART TITLE GUARANTY COMPANY, It Texas corporation, herein called the Company, insures, as of Date of Policy shown in Schedule A, spinet loss or damage not exceeding the Amount of Insurance stated in Schedule A. sustained or incurred by the insured by reason of 1. Title to the estate or interest described in Schedule A being vested other than as stated therein; 2. Any defect in or lien or encumbrance on the title; 3. Unne rketability of the title; 4. Lack of a right of seem to and from the land. The Company will also pay the coats. attorneys fns and expenses incurred in defense of the title, as hunted, but only m the extent provided in the Conditions and Stipulations. m be si end sealed b its WITNESS WHEREOF, Stewart Title Guarmty Company has caused this policy g y duty aut officers as of the Dam of Policy shown in Schedule A. STEWART TITLE L_I Rt 0 L1' C c an be coo 71 avARA?rry cobeANY the son `v�ll0! A • A. f ` EiA Authorized Coumtersignstum - Chock Dorn STliWART TITLE OF ASPEN, INC. Aged M OM11A ExcLDSfONS FROM COvERAG6 will net pay ices or damage coats. no following manner are expresdy *eluded from the *versgc of this policy and the Company dremsyi fan or expanses which aim by reason of: ordinubas. or regdatiom) 1. governments' regulation Cmcludiog but sat li . y m building end tome lea.. re (a) Any law u � pro i Sea' use, or co of the land: (ii) the checacmr, d'wna o th e reaq•Imhg, regulating, prohibiting or erect m t the piyn st any imp vemeet coo' or hereella erecte en the land; CW • sep.ratah is owmcshrp or a change m the dimmsioas or era. of ehe land a aq psrpl of whie6 the Wed is or eva a pert: or Crv) eavireauemel Proceed—, or Wa effect of any viol of them Ion, otdiaencea er of to the aumc Wert a earl as of the aoforesmua thereof or • aotiee of a defog[. lien or eheumbrmcc rosWriog (sea vhalaZ le lvm atlon dr ea d ing the land has been recorded in the public nacede at Data of Policy . Pali* Power not excluded cluded by (a) above. except m the extent Wm a as been of the eel in th thereof or a notic t of (b) Any gavwo a ddad, lice cc encumbrance molting from a valet""' or enaged viol e[ioa atlectiog the land has hem recorded a the public PO icy of Policy. ' at Dan 2. Rights of emimas domain s ing notice of the exorcise thereof has lice° which eel in the public the rights a Dam of Polity. W not ta a from coverage ANY ing which has Decocted prier m Dow of Polity .which "odd be binding en the righa of a P [or value wkhma lmovdadgo. claims or other msnenk 3. Deface, lima, encumbrances. adverse (a) created, mffared, main d or agreed to by the insured claimant; (h) not IDaosro m the COMPS", not tewrded a the public swords d Date of Policy. but Iurowa m des lesurd elaimeot end not disclosed m writLg m the Company by the insured elulmm[ prior m the dam the insured ele;mmt became m instated ands this 1' (c) combing in no lea or damage m the insured claimant: (d) sambiag or created subsequent to Dam of Policy; or it We ionured claime't led paid vdoe for the emote or i aamd (0) reanhNg in lea at damage which would not have be sustained ' mama in the tper by this policy, the sans or lememr insured by this policy, by 4. Amy dads. which airs out of the axaasscdon veateg N the law[ed of faded bankruptcy, ran: inmlvency, or simile eredisoo' rights laws: that is a fraudulent conveymce m frauduleas Csn■fa or (a) the ammetion creating the waste of latereat insured by this polity being d * � a p�� hanafa OXCW where We prefaontiai (b) the tfmsmtion creating the anam or interass immma by this policy berg aotim a pucehnof for ttma6 ardor tma the le gore: (11 m timely record the WSr mmx of nansrst: or (u) of soe6 reeorde[ioa m impact m 000020 UYVIINHaM IH'dVH 9599 Z99 tTe %Y3 CT :LT aaa ao/SIiTT rise ki h h coq O F" y VW L M sm 6 y s. W try+ w. CONDITIONS AND STIPULATIONS 1. DEFINITION OF TERMS. Tho following terms when used in this policy mean: (a) ' insured ": the insured named in Schedule A, and, subject t any rights or defames the Company would have had against the tamed insured, those who succeed to the interest of the named insured by operation of law as distinguished from purchase including, but not Bmhod to. heirs, distnbutea , devisor, survivors, personal representatives. next of kin. or corporate or fiduciary successoa. (b) "insured claimant': an insured chiming Ion or damage. (c) "knowledge' or ' known'' actual knowledge, not concoctive knowledge or notice which may be imputed to an insured by rawn of the public records as defined in this policy or any other records which impart constructive notice of matters affecting the land. (d) "laud ": the land described or referred to in Schedule A, and improvements affixed thereto which by law constitute real property. The term 'land' does not include any property beyond the lines of the area described of referred to in Schedule A, nor any right, tick, interest. estate or easement in abusing streds, roads, avenues, alleys, lanes, ways or waterways, but nothing heroin shall modify or limit tM cheat to which a right of access m and from the land is insured by this policy. (e) "rmortgage mortgage. deed of trust, trust dead, or other security instrument. (I) "public records ": records established under state statutes at Date of Policy for the purpose of imparting Ocamuctive "Ghee of masers relating to teal property to purchasers for value and without knowledge. With respect to Section 1(a) (tv) of the Exclusions From ce emgc, "public records' dull elan include WrAre maMsl protcer+°n lies filed In the records of the clerk of the United State district court for the district in which the land in located. from coverage, (S) 'uemarkdabilrty of the title': an alleged or appuau maser allotting the floe tick to th land. no t excluded or excepted which would entire a purebaav of the taam or W est deseribod in Schedule A m be released from the obligation to purchase by virtue of a contractual condition requiring the delivery of marketable title. 1 CONTINUATION OF INSURANCE AFTER CONVEYANCE OF TITLE. The coverage of this policy shall continue in force as of Date of Policy in favor of an insured only s° long as the insured retains an estate or interest is the land. at holds an indebtedncn "cured by a purchase money mortgage given by a purchaser fiom the insured, or only so long as the insured shall have liability by reason of covenants of warranty made by the insured in any transfer or conveyance of the eaate or interest. This policy shall not continue in force in favor of any purchaser from the insured of either n an estate or interest in the land, at (7i) an indebtedness secured by a purchase money mortgage given to the insured. 7. NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT. The insurod shall notify the Company Promptly in writing (t) in case of any laigetlom as set forth in Section d(a) below, (ii) In sac knowledge shall come to an insured hereunder of any claim of title or interest which is adverse to the title to the estate or interest, as insured, and which might rouse less or damage for which the Company may be liable by virtue of this policy, or (ier) if title to the caate or intorat, u insured, is rejected as unmarketable. If prompt notion "ball not be given to the Company, then as to the insured all liability of the Company shall terminate with regard to the matter or maters for which prompt notice in required: provided, however, that failure t notify the Company shall in no case prejudice the rights of any insured under this policy unless the Company shall be prejudioed by the failure and then only to the extent of the prejudice. /. DEFENSE AND PROS6CUTIOIV OF ACTIONS; DUTY OF INSURED CLAIMANT TO COOPERATE. the Upon written request by the insured and subject to the options contained in Section 6 of these Conditions and Stipulations Company. at its oar cost and without unreasonable delay, shall provide for the defame of an insured in litigation in which any third !arty aseerts a claim adverse to the title or hdetw as Insured, but only as to those stated causes of action alleging a defacer, lien or encumbrance or other matter insured against by this Policy. Tho Company shall have the right to select counsel of its choice (subject to the right of the infused to ob for reasonable cause) to rcpsr+cnt the insured as to those stated causes of action and shall not be liable for and will not pay the fans of any other counsel. The Company will not pay any fees, coat or expenses incurred by the insured in tho defense of those causes of action which allege mason not insured against by this policy. (b) The Company shall have the right, N as own wd, t institute and prosecute any action Or Pftx%Wing or to do any oiler act which in its opinion my be necessary or doinble to establish the tale to the ante or iotwcst, as Insured, or to prevent or reduce loss or damage t We naured. The Company may take any appropriate action under the toga of this policy, whether or not i &hall be liable hereunder, and @ all cot thereby concede liability or waive any provision of this policy. If the Company shall exercise its rights under thin paragraph it shall do s° diligently n the provisions of this (e) Whp ep ever the Company shall have brought an action or interposed a defense is r irisdtclioeaedse�xprbydy reserves the tight. policy, the Company may pursue any litigation to final determination by a court of competent j in its wk discretion, to appeal from any adverse judgment or order. (d) in all cases where this policy permits or requires the Company to Proms °r se in pr o vi de for the de r p ro ce eding , and Or p roceed - Appeals itg, th insured shall secure m the Company the right to so prosecute or provide defense � or rtequeswd by the Company, the therein, and permit the Company to use, d its option, the name of the insured for this y acticts proceeding securing evidence. obtaining insured, at the Company's expense, shall give the Company erg reamnabk aid (1) in any aon or la set which in the opinion warns"«, prosecuting or deluding the acti of procccdIng, or effecting se ttle t, and (u) In any other of the Company nay be necessary or desirable m establish the title to the estate or ke"cat as insured. If the Company h prejudiced by the failure of the insured to furnish the requited cooperation, the Company a obligations to the insured under the policy Shall terminate, including any lability or obligation to defend, prosecute, or continue any litigation, with regard to the matter or maser requiring such cooparaton. 000021 too 71 2IalliwllaA 3liva 9999 Z99 ETC %Vd CT :LT QaA 00 /91/TT ALTA OWNER'S POLICY SCHEDULE A M order Number: 00024845 Policy No.: 0-9701-350 Dare ofP0licy: January 15, 1999 at 11:01 A.X. Amount oflnsuranee: $ 635,000.00 eee 1. Name of Insured: DARRr- WSRMXLLFR GROUP, ZNC. 2. The estate or interest in the land which is covered by this policy is: ik p'SS SXXPLB it , 3. Title to the estate or interest in the land is tested in: L HARRY VSHZfXZLSR GROUP, ZNC. w. P' 4. The Land referred to in this policy is described as o ows: w see Attached Legal Desertption W se iW ON lW �1 it 000022 xa TNR74N .AMY9 9989 999 tTC %Vz1 6T :LT aam 00 /217TT SCHEDULE A on A OrderNUMber. 00024845 ON LEGAL DESCRIPTION Is A parcel of land being part of Tracts 70, 7I and 72, and being located in No Section 25, Township 8 South, Range 86 West of the Sixth Principal meridian. di Said parcel is more fully described as follows: Beginning at a point (being A.P. 2 of said Tract 70 and A.P. 7 of said Tract 71); thence South 83 0 02 1 55 ^ East 570.00 feet along line 2 -1 of said Tract 70; thence South 19 °00'00" West 3039.07 feet to line 5 -6 of said Tract 72; thence North 86 0 30'53" West 364.60 feet along said Zane 5 -6; thence North 06 °33'05 East 759.08 feet; thence South 67 0 02'45" East 47.00 fast; thence South 85 °57'44 East 162.65 foot; thence North 58 0 10'11 - East 98.26 feet; thence North 38 0 49'42" East 127.80 feet; thence North 06 0 16 1 08" East 151.53 feet; ea thence North 15 °51'38" East 30.00 feet; thence North 16 0 08'33" East 1696.30 feet to line 7 -8 of said Tract 71; thence North 86 0 21 1 07' East 320.00 feet along said line 7 -8 to the point of in beginning. COUNTY OF PZTRIN, STATE OF COLORADO NO im am 6 ew w ON w. r it s+ 000023 V. gTi:uau XMMV9 9299 Z99 6TC %V3 6T :LT 03M 00/ST /TT INIALTA OWNER'S POLICY SCHEDULE B Order Number: 00024845 Policy No.: 0 -9 702-35055 ?his policy does not insure against loss or damage (and the Company will not pay costs, atrorneys' fees or expenses) which arise by reason of.• 1. Rights or claims of parries in possession, not shown by the public records. 2. Easements, or claims of easements, not shown by the public records. 3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any fans which a correct survey and inspection of the premises would disclose and which are not shown by the public records. ea 4. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the public records. 5. Unpatented mining claims; reservations or exceptions in patents, or an as authorizing the issuance there of water rights claims or title to water. °e 6. Takes and Assessments for the year 1999, not yet due and payable, and subsequent years and any special assessments not yet certified on the tax rolls of Pitkin County. w 7. Rights of way for ditches or canals constructed by the authority of the unite States, as reserved in United states Patent recorded March 5, 1923 in Book 55 At Page 568. B. Right of way for Rocky Mountain Natural Gas Company, as disclosed by Plat recorded April 23, 2962 in Ditch Book 2A at Page 27I as Reception No. 113225, OR and in instrument recorded January 13, 1973 in Book 271 at Page 724. 9. Easement and right of way for power line purposes, as conveyed by Howard B. Rent in the easement to Colorado -Ute Electric Association, Inc., a Colorado j Corporation, recorded December 3, 2963 in Book 205 at Page 77 as Reception No. it 116704. 10. Right of Way Easement for Communication Line Purposes, as conveyed by Howard E. Rent in the Right of tray Basement to the Mountain states Telephone and Telegraph Company, recorded July 1, 1969 in Book 241 at Page 871 as Reception No. 236001. 11. Right of way for the Colorado Midland Railway and the Denver and Rio Grande Railroad, including, but not limited to, such rights as granted by instruments in Book 41 at Page 589; in Book 42 at Page 240; in Book 33 at Page recorded 163. This does not insure any rights to cross said railroad right of way. jy policy .. 12. Right of way as granted to Pitkin County, Colorado, by instruments recorded in Book 157 at Page 140. continued on next page w, 1W ., V nnn 000024 LOOM 0I'iT14 u x'aug 9998 Z99 tTC %V3 6T:LT UA 00 /9T /TT 0 ea Continuation of Schedule B - ALTA owner's Policy i policy Number. 0- 9701 -35055 OR 13. Conveyance to Pitkin County, Colorado, for Highway Right of Way by Deed �} recorded In Book 157 at page 378. ,>q 14. All existing easements and rights of way for ditches, pipelines and reservoirs ® with the rights of anyone to use and maintain the same and the right to transport, store and withdraw water through, in or from such ditches, p'l p elsnea and reservoirs, including, but not limited to, Last Chance Ditch, Deer Creek NO. Ditch, Deer creek No. 2 Ditch, Eli Cerise Ditch, Last Chance Ditch No. 116, and the Wheatley Ditch No. 182. 15. A perpetual easement and right of way appurtenant to the parcel of land situated in Tract 69 of section 25, Township 8 south, Range 86 West of the Sixth Principal Meridian, lying westerly of the Easterly line of said Tract 69, in favor of party of the first part, his heirs and assigns, giving them and their tenants, servants, visitors, and licensees at all times and for all purposes, ingress and egress to the County Road. such easement and right of way shall be 25 feet in width and extend 11 112 feet on each side of the middle of the existing gravel driveway presently affording such ingress and egress, this easement shall be for the benefit of party of the first part and party of the second part, their respective successors, heirs and assigns, as reserved in IN deed from Howard E. Rent to Aspen- Roaring Fork Corporation dated April 3, 1970 and recorded April 3, 1970 in Book 247 at Page 825. OR 16. Right of way granted unto Holy Cross Electric Association, Znc. as set forth in instrument recorded June 30, 1971 in Book 256 at Page 294. 17. Easement 25' in width to construct, reconstruct, repair, operate, and maintain and electric transmission or distribution line, granted to Colorado -Ote W Electric Association, Znc. in Rule and order, Civil Action No. 5901, district Court of pitkin County, Colorado, recorded September 26, 1978 in Book 355 at e+ page 403 as Reception No. 207667. 18. Terms, conditions, obligations, restrictions and easements of Easement Agreement as set forth in instrument recorded November 9, 1979 in Book 379 at { page 43 as Reception No. 219474, and recorded November 9, 1979 in Book 379 at ilr page 49 as Reception No. 219475, and recorded November 9, 1979 in Book 379 at Page 56 as Reception No. 219477. n Jy 19. This policy does not insure title to land comprising the shores or bottoms of rivers and is subject to any build up or loss of prope by the the flow -in ON processes of accretion and reliction, or caused by man f water or in the course of the river bank or river channel; also subject to o he free and unobstructed flow of the water of said river. 20. perpetual Easement as granted to R. P. Fitzgerald in Easement Agreement �1 recorded August 15, 1979 in Book 374 at Page 186. Terms, conditions, obligations, and provisions of private Way License as set forth in instrument ■+ recorded November 9, 1979 in Book 379 at Page 87. r continued on next page r im im 000025 onnM U31 TIUVH 9999 Z99 6TC %Vd ST :LT Q39 00 /ST /TT Continuation of schedule B - ALTA owner'e Policy Policy Number: o -9701 -35055 eeI 21. Terms, conditions, obligations, provisions and easements of Easement Agreement as sat forth in instrument recorded November 21, 1989 to Book 608 at Page 193 as Reception No. 317478. 12. Tarma, conditions, obligations and restrictions as set forth in Determination of the Nearing officer of Community Development Department of Pitkin County, Colorado, Regarding the Collins 1041 Hazard Review and Conceptual Submission, recorded April 14, 1998 as Reception No. 415604. 23. Conditions, building envelope and other restrictions, and rights of way for existing roads, utility lines, railroad right of way, ditch and gravel drive, as shown on Collins 1041 Review Plat by Carl Carmichael Surveying recorded July 23, 1998 in Plat Hook 45 at Page 44 as Reception No. 419740. cal �w as ee w A Y w" it im 000026 an CONDITIONS AND STFULATIONS Comined 0 PROOF OF LOSS OR DAMAGE. kyooe have been provided the ComgpaW. a proof of loan or damage Signed In addisem to and a Ass m under Th aadwte required uer Section 3 of thew Caditaro end $tipu dell uesnan the (WAS g i v ing the line r danase. .hall W Ihr>vd rod m the CsvVmy within 90 days .flew the imared chimast (WAS g) which eorotiuwe the basis of k_ and aw ate m by the insured claimant or other owner' insured against by this poliy c The proof of lung or damage shaLL damedbe the de[eet iR. a lien r arncgambnnce on iha TiTk, ddamage. ge. V IM Company is prejudiced by the Wave of The invered Too or damage Sod Shari ataw, b the aaesd Tmeale, T basis of ukukliog 16e amount of the for r eklmas<m provide the mquited proof of for or damage, the Company'a abngR re u the drb pr oo f mdse Jre policy dull Terminate, inakding my li of obtigati�.n r comidue any litigation, with regard to *6 matter or semen nnaga g such u nder o[b a r damage. and Jrnll 1° defend. pru uitsd m submit m examinatiR u nnder osW by my authorized rspTessawhve of the company Me named ataim ul my reasonably be mq by an authorized repmognwivc Of the Company, all reords. I° � kia° ' ble tines Rod places u may be designated Y Firtheq produce for aze°d°ui i°aPa�on `�Y d '� ~ a data befbr Of altar Dew of policy, which ns■on■ boo bIy pmlaln m Ihf Mr ass damage. b. ledgers, ahec b. reyoedenn sad ammorends whether bearing n writing. for any authorized nprsmmdve of the CrtTany e of The Company, ineinvited d ehitnuud Shah grain lea pet The c . which reasonably Pedsin w it r canoth d by sa nd cop aut � .cords v ny, Jm ■6sab correspondence and membrnda N the custody or control of a thud putty, w eamhe, iaRaet and .ropy d rasocd■, boots. lodgers, checks, m tla Company punnaat w this SRCJdn .hail roe be gCissloed w others Ad btforemtiom designated u confidential by � '�� claim" P under oath, the lose r daMp. in the adariddntion of the claim. F■iNn of the insured clanaat m nrb,gim for m pen h thrall unless. is the "ensemble jndgmear d tM Cornpam it k a pwaq information from third p ar ting u rvgtrited'm thin psragnp �Sm u— great peramaamn m se cure reasna■b anesrry P pending othee rnaeoubly tR9neeTd or termimem any fubinty nflbn Company ender This policy r to that claim. b. OPTIONS TO PAY OR OTHSRWOE SETTLE CLAMS; TERMINATION OF LIABILTTY. Lear of a claim miler this polity. pat Company sham hava that Cdlowing additional Option; W To !q K 7arTrIK P4ynast of the which the eo A■ haw of ner Irarased a Ma ad "'pewee incurred by the levered elssamm, which To pay nr tender Payment of The amount ass inae ender this policy t o ge the r with any eo.t■, en the Company. W w the rims O(paymaam or tedae o f paym sod nganY i4 obligated m PRY +ball wen authorized by all liability and obligatiau w the land udr this policy, Other Jan co make The p.PS nquued, ARI Upon the exarcir by the Company of the °Prwrn• a nd The policy dull be arredered ro the C°°pany for easeell■liwr; 1'obilM1P r oblii+tiOn to defend prorcoe, of crooner any ndgation, w mmam, imluding any than the Inaured K Whit The fevered Clanged. 4b) To PAY Or Otirewre Satlh with partite Other with any coos, p w pay or otherwise wah with other partite for or in the OR o[■m idsund cat neat a y cl o insured again m wader thin police, together M u m the lima of prygrcn and which the CompnaY ig Oblige" u+ moverya' Goa and expenses incurred by then invited claimant which wen authorized by the amp■Iy P par' or pay, the mss or damage provdd for under this Policy. Togother with Roy costs, attorneys fate and expanws Q w pay r arhe:diea ■etTb with the Insured rize d and which the Company is obligated m pay. r th insured ekamnm wh'ach wan authorised by the Company T m the rag o f payme and the incurred by lovidd for n paragrap (b)( er 00. that Company's eblignions m the ins Under this policy k ea of either of doe options p my liability r obligmion m defend, prosecute or eodmen any litigation. Up" the dwant a b Th Camp Y alarmed )era r damage. othr * do payments r equited us M Mile. 4ha11 terminate. ioc TION, EXTENT OF LLUMUTY AND COINSURANCE. the inmed claimant who hag aaTamd 1004 r dswor by reswr r M 7. DP This p @iA 104 or damage sus t a ined r i by i '[bin pdky k a concrete o[ iodemniy against actual moocmrY ii ofd idegred aided b Thin PnSSY ad only m *a extent heroin described. under this policy Shell not asoed the lust of W The [rally of the eomp..r m we defect. Ilan r cncvoq OWN p The Amdu o<of Is anace dated in Schedule A; r, nd sow Of iinterest nrb W 0tea The difference between The vans of The insured anew r merest as insured and the value of the inn a brute• ieauSd agRiM by thh pollen• ream of The value of the Insured eat■ts r tnwe" r the TvI sic■ of Laomee dated in b o at the Date of policy is Teas than c is om the land which inanimate the vane of t ieoarc. ro Ie the event � Amount went m the Dew of Policy na hmproventam is MOW cte aideveine paid for The lad, whichever k Isar r of abgeq i■ Subject to the following: by at Nast 20 pent ever the Amount Of Insurance ma ted my p S A. them pa shall pay the mss pro nu is The p opordon that The amount e .saw K irdea re m has been code, r m my Partial less, the Company p w h e r e so wy be ateat Improveme the 1O erne valve of the insured enate « udsnesl at new Of Policy; or 10 nu In the p thrpostion That 120 p of th immune" at Dam of pdky boar b the TeTat hag bcou node, r m any panial loss. the Company than only Pay the Tor p n when a absoquamt WVW'cmOa ./dad for the itnPso" for which The Company is liable under Ibis policy. and 4han ddy apply w Th, Aneuat of Inane.. hard n Schedule ben m The am of the Ammon of ynandoe nand :n Schedule A and the smote asp aS! The proviiara of thin paragraph .bail we apply m cods. ■mam; Gu and capes.°' stated in Schedul . ponioa GE OW loss which exceeds, is s Kimgaw> 10 Peters of d`S mouaT o (laernsee sts a ti A. a 7! (e) The Company will WY only thOWN eoew. anormaYa' [us and ac ncur+wd in aecordaoaa with Section 4 of then CodiJoos and Stipukuou°. ., parc els which are not used te a Single she. and ■ IOae k ewabl'land affeotiP6 one or m m, of page. R AIPORTTONMEld f. ne on Dam of perk, mas a if the hod deaerTbsd n Schelde A oonskts mC Iwo r mar p son diviided Pro nu u w to va .' and rWd on a pro nu basis OR; the amwrn of insurance under thin po lsoen 4191144 upon 6 m u at an, The Ian ahatl be wen gemad re d ements erode etprquent m Date of Policy. wok■■ • liability r val has dorwaise attached m This polic .`• Scpanle pond m the wbo10, culusiva Of eny imp r gtstamen r by ■o ardoeseseen r postal hY thR Company Rd The Insured at the tom or the issuance of T hi s Policy and Ritual by RD wpm in • 1rmnSLoed and realaded an IRR pole of This Poky) (ALTA Owner's Foli j r .` Yin ''' U00027 _�_rs Vi'TTTK97M XAN 9998 Z99 VTC %V3 ST :LT Q39 00 /9T /TT 11 9. LIMITATION OF LIABILITY. (a) if dw Company asublishea the tide, or "movie ilia alleged defeat, lien or cncumbrsnce, of curer the lack of a right of s w u ng us or from the land, oe cunt the claim of unmat�bilitY of tide, all as inMrred, in a reasonably diligent marrrw by any mothod, including litigation and The completion of any appeals docafrom, it shall have fully pufedmad its obd.gatioms with Ivepact to that cutler and ahalli am be liable for any less or damage caused thereby. (b) In The evens of any litigation, including litigation by The Company of with The Company's commit, de, Company shall have to liability for lee or damage until than has beam a filial determination by a cou of eompetentjoriedletios, and disposition of all appeals Waatiom, adverse to the tide u insured- oc ell withOtL the Prior (a) The Company died. not be Oahe (w law or damage m any immured for liability vokourily assumed by the insured in sanbmg ivy written cumnssa of do Company. 10. REDUCTION OF INSURANCE; REDUCTION OR TERMINATION OF LIABILITY. a shall reduce Wa arsmunt of the insuran pro lino. ALL paYmeau under Wier policy, sarept pay^ams made for costa, attorneys feu and expense T� 11. LIABQITY NONCUMUIdTIVE. erotica my polia7 towriK d mortgage , It is $Wady uoder0004 that do am,wm of ituunrco under Win policy ahaLL be reduced by my amount the Company TORY Pay to which exempting, is liken in Schedule B or to which the )mead has agreed, assumed, or Win subject. or which is hereafter executd by an housed and which is a charge or San on the slow or imemst described or deferred m in Schedule A. and the amount an Paid shall be deemed a payment under this Polley to the mound owner. 12. PAYMENT OF LOSS. unless the Policy by been hin or destroyed, in which MEMO proof of IOU ate (a) No payrncs shall be s without PmAwisg This Polley for eadonersent of the Payment or dearumainm shah be fg,mishad to do saGdactwn of the Comp•ny- (b) VPhsm liability said the Games of low or damage her been deNnlWy dead i accordance with deem Copditiaa a nd Stipulations. the be or damags sh all be payable within 30 days WusaRer. 13. SU6RocA7'_ON UPON PAYh1ENT OR 5l:'- 'TLDUNT. (a) The Campsq's Right of Sabco umafling d b my ac t of the marred Wi sr The Company thall haw settled and paid a claim under this Policy, all right of mbM@t mn dab wa m We Company Y claimer. wonld Gave hd • lima any Peron o r Property in M T Company da be subroPhd to and be emidd to W rights and dandies which d i claiming 6 RIM ms bass iawal. If uesud by the Company, the insured ch roan dad ¢x¢efw le the Company all tight, an d mrsedics agua ^ any 2 . ' respects m We charm had This pdiar req person or PaoPsN' necessary i order to lwrfvt this right of subrogation. The insured claimem shag Permit the Company to cue, toopromhk or soak in We mime of Wo' imsund claimers and to vas the dine of the iruured claimant in my transaction Or litigation 'oohing these rights or moodies. gw If a payment on account of a claim doer nct fully cover the law of the insured chiming, the Company shall be subrogaled to them rights Sod lea din in the Proportion which IM Company's Payment hears to We whole amount of The low - It loss shou no* from any act of the !named claimant, goad above. that act 11011009 void this Policy, but the Company. in that event , shad he requited ld m Pay way Ohs pmt of any as insured again¢ by this Policy which shall mused the amount. if any, l to the Company by nation of the impairment by the insured almimaar of t h e Company'■ right of subrogation. (b) The Csanpsq•'s Rigbb Agsiact Nmr =mwnd ObliPan. The Company's right of mbtoga Tom againa non-insured obligors shad. exist ad dud include, without INmiuiam. the rights o[ the immured ac indemnities. guaranties, p1M other policies of imm we or bonds, nswithwnding any arms or conditions cos.in id in these lsamtmaea which provide for nrbroptism TWO by name of Wier Policy. ld. ARBITRATION Union pmmTited by applicable law, eidwr the Company or to insured may demand arbitration pursuant to TM Tile Insurance Arbitration Rule of the Amman � Arbitration AssockdOm. Atbihable mamers may inebda, but an TO limited b. any controversy or claim between the Company and the Wanted ari'M cut of or r"ng loss to this policy. may srvies of the Company in connection with i istaance or the breach of • Policy Pn imlc m s other obliguion. AB atbksbm awsm t m We Amount �� of i,wrssee Is 51. 000.000 or law"be arifnrsled At the option of either the Company or the bound. AB arbitrable maters when Tis Among of Iftwmu s is in mug end the unreal. ArbitmuOlk Pm ULwX me the Policy and under We Rules in chant on the due of S d eman d 000 ,ball ra arbit i mo only watt a uP W by h i the Compaq' a the panes. The award may include the Jemamd fee arbitration is ode or, a Oa option of the insured, the Aube in mile" at DOte of pyd; shall he binding 'Pon OK Sward tendered tits only if the laws of We atsa in which We lad h located permit a own to award attar mays' face to a prevailing Petty. 7udgmem upon by the Ahbimdar(Q way be sound in soy cuts^ having jutidktion Thereof. The law of 0 Abu of the land shall aPPly o an arbitration under the Title login ee Arbitration Rule. 0 A copy of We Rain may be obuineJ from the Company upon regaaa. 15. LIABILITY LDGTED TO THIS POI.,CY; POLICY ENTIRE CONTRACT. entiid polity ad cosrsct between the insured and The ContPGny. In (a) This Policy together with all endvmamer if any, sawbd hereto by the Camp an Y h the OR inari mliog my jinwialOm of this Policy, this policy duo be coactrtad as a whole. (b) A claim of join a damage. whathe-r or not bawd n megbecme, and which ,rues out oCdre sums of We title w the esute or isenst coveted hereby or by an] m..Tion asea¢g such claim, cited be restricted TO this policy- at Y« ma (0) No amOnd rw went of or eadomcs o this policy em be made except by a writing endorsed hems or attached here¢ signed by abhor the presides, Presides, the SocreueY, an Assistant Sec a validating ofhoer or authorized signatory of do Comps°Y• 16. CEYERABIUTY. licable law, due Policy Ball be accused as to imcluds that Pmvlsion and all other In The event any Provision of We pLtiky i+ bcld invalid a une nforceable under sPP A rrova)oan shed rema in full fore" and tfreet. 6 17. NOTICES, VAIERE SENT. s b writing required m be furnished the Company shad Include ilia number of this policy and dial Wages requied to be gives the Company and dry auteerc m he sJdnood to to Company at P.O. Box 2019, Haaoq Tex" 77751 -202 ST WART TITLE Igo 0 0028 GUARANTY COMPANY TTnM Ha'P)TKH3,a .I)(HVH 9999 Z99 6TC %y,3 9I'LT Q3hi 00 /2T /TT 2 1 goS �f ATT-A4 HMENT 5 LEGAL ACCESS Recorded at a-;aPN Hovenoer 9, 1979 Lsr_tt.. wormer u1:11,r4 +0 z l:; n - ) 1 1 -, ZASENENT AfiR EFNE m3 l 1 � 43 i ( I N37 lIva 9599 Z99 M M 9T:ZT (lag 00 /ST /TT ti. - THIS EASDENT made this '�_ day of ��� ,: . .. _.:�, ia. n, • between R P. FI TZGERALO of the County of Fl-kin- State of Colorado, and ASPEN RIVER VALLEY RANCH, a Partnership, hereinafter referred to ' r " as the Grantors, and FRANKLIN R. HALLOWELL. JR., W. TERRY H0RhuCKS and DANES H. RAVSCH, hereinafter referred to as the Grantee(s). WHEREAT, Fitzgerald owns Lot 12 and the Partnership awns Lot U, S c. Dorn lneatad in and known As the Aspen River Valley Ranch. WHtiEAS. Hallowell owns Lot II and Hallowell, W"acts and Paws& awn Lot I0, hoch of which are locaLed in the Aspen River K ! ,r Valley Ranch. WHEREAS, the Grantors •or aid 1n eons lderatC On Of rte sum of Ten Oollar% Isla. .d1 ani Other good and valuable eonsldera:lon ',i hand �..,.q '•�` -.: pa id. the r ece ipt of which 1s hereby acknwladged, have bargained. Bola end cenvty •d, and by these premises do grant, bargain, Tel;. ` convey and confirm unto the sald Grantee(si, their heirs. Dersonal ' representatives. successors, and assigns forever, a Perpetual ed%enent, .etch Property is situated and located in the County of Pitkin State of Colorado, and is described more particularly in ExhI Pit 'A' wh Ich Is annexod hereto and made a part hei :of- Said aa3am ht commences in Lot 17 and crosses Lot 12 into Lots 11 and 10 ,• as is diagraMed In Exhibit a a•.tached hereto and made a oart hereof. Said easement Inclu4es tl.e right of a•+gress and egress to • and from said tract of land for 311 purposes. Inclodinq construction, reeons.ruction, repair, operatien and maintenance an the above - described isnds andlor upon .11 street% or rnAas abutting ,�. said lands, gas, light, power, telephone and e;&Ctric transmission lines or systems; the cutting. trimming and cont of grwth oy machinery or otherwise, except chemical. •,f trees and Shrubbery located within the boundaries of said casement tnt MAY interfere with, or threaten or endanger the operation and maintenance of any " ?= of the systems or lines installed therein, which may be necessary by 000029 i ( I N37 lIva 9599 Z99 M M 9T:ZT (lag 00 /ST /TT I 11 I� iI i u F a =379 the Crantse(s). The Granters de eereby license, .*Holt SAO agree to lice luent use nr occupancy of LIN lines or system by any other Person, association or corporation for thew stated purposes. FRANKLIN P. HALLOWELL. JP., Y. TERN' NOAROCRS and JAMES N. PAUSCh hereby further agree that they Shell shape the cost$ of construction and maintenance of an access road amating Ntt IR County fpecificat'ons for residential access roads and My fence relocation, gate, ctttle guard or other Improvemerc In the passe spit reasonably required by Aspen River Valley Ranch. R. P. Fitzgerald or Jaws E. Gibbons, keeping the property secure for livestock grazing purposes A or on (he eastwent granted. Such share of gapeetaeu shall be In the fol.gving percentages: The owner(S) of toe northerly SO6 of Parcel 010 - 60 TM: ownerfs) of the northerly 50% of Parcel 011 - 401 Construction lurk nn the easement may be caee0ncod by MAY Parties a party to tnes agrvaaent. f.eilure to pay the pro-rata %here of the easement construction or maintenance costs within 00 day% of demand by any party to this agraemtnt . t shall have advanced such sawles Stoll gi ve to the party so advtricink expenses the right Le 04spend the use of the eAtement to the defaulting party until such time as the Draper share or expenses Plus interest at 109 per annum l ies both gild In full. TO HAVE ANO TO IOLD this easement forsv*s. The Grantors Covenant that they are the holders of the eaerwnt on the Move-described lords and that too wed 'ends ire free end clear of encumbrances and liens whatsoever, eacepl for an outstanding Died of Trust to the Aspen4atr Hg fork Corporation and essements, restricti"a covenants and Installment land contracts, if Any, of record. IT 15 FIATNER AGREED AND UNDERSTOOD by the Gr:ntes(s) that they $hall twain liable for any damage to growing crops and say direct Physical damage caused to the property of the Grantor and pis Successors by construction Torres and erection and maintenance of 5 I 1 S l J !000030 ® '- \\•. _ _ Iry r� . _ . - r+,r..Atle1 ;_ : M 3T! mE 45 said lines, pipes. tir•S. conduit$. 1`000M. hrid Cnttla guard' and fences and the Granteels) agrees to in ^iUCe In any contract$ let for cnnstructior. of such facilities, a provision to the effect that the crntractor shall be responsible for obtalnint the release$ from the Grantor for any damages caused to the land% of the Granter as A result of the construction of said facilities and to require the v"tractor to furnish such release to the Grantee(s) prior to the payhent in full to the Contractor Of the contract Cost for the construction of any farllitles or systems. rM YITI:ESS VP E R EOF the ;rantor has executed this Easaawnt an the Batt first above mitten. • g rald. ran or ' ASPER RIVER VALLEY RANCH . GRARTdI 9v• - f ner ran A , a ma • .• antes ' W. T erry wo rrocks. Grantee dr ' • '�. James H. RaUSCh. r.n tee t i; STATE OF COLORA00 j ss. ' --County of ) ,-. Subs.,lbed, s.ern to and aeknerled9ed before ma this •w? day of 1979, by R. P. Fit2gar4ld. ' My Commission. Expires: Rn uy c ' (SEAL) • •, fin LQ )M'7TTA71i ';NNV Yom= f t e 9599 Z99 tTC 3V3 LT :LT (lag 00 /9T /TT r =379 fA,t 46 STATE OF COLORADO ) County of Srrbserl d, sworn to end acknowledged b1te�fore me this gn day of 1979, Oy JAh ,, partner of A My [ea•hslen Expires; _ So' Q / g3 .. �•' 1S...iJY`GJs (SEAL) STATE OF CDLOtAM County of Subscribed sworn to and acknowledged Wore me this day of jp 1 et, _ V v 1979, by Franklin 9. NeTlaelTTr —�_ . Ib Commission Expires-, (OIS 83 m en 0 0 4 ' x ' ary d . ? 4. (SEAL) STATE OF COLORADO County of Subscribed, sworn to and acknowledged before we this day b! , 1979, by M. Terry Norrocks. my COo1SSlon Esolr4:s: Notary Public (SEAL) STATE OF COLORADO J ss. County of ) Subscribed, sworn to and acknowledged before me * %is day of _ 1979, by James N. Pausch. N9 Cdeelsslon Expires.• Notary Public (SEAL) 9032 ETC %V3 LT :LT (lak 00 /2T /TT gzV/ipnlCp,GjjU(W «r A330K.A3f1 �]op.zeownu r.. erwr� �..�w.w.ar.. ass's aw ar see tanuary S. 1979 3DAD USZM6Mr ACnGS3 V&KgL3 13, 12 and 11 Asm RIVAR VALLRY aANCM 04 A road easeeent being located in Sraoe 70 And in Sections 25 and Said2eiesonthbeing810efeetaeaich va of the M tAs fellaaing ds@* ldisn, Clb@d conterllnez beginning at a point on the 3*vtherly right of Vey lino of the Don or and Rio Grande Railroad whence Angle Point 2 of said grant 70 lease M 54'22 8, 2318.15 feet! thence R 25•SS'00 t, 111.82 feet to ■ point 10 feet ftethsrly d! the Northerly right of ray lino of Said 0ailreN1 thence S 74.25'43' V, 1570.51 foot 10 foot frc`o and PS rallal to said right of way line to the end of Said eaeseient. U00033 )I3'I Iuuvq A , Y = 979 ,-, 47 9999 Z99 4TC XVJ 9T :LT (IM 00/SW U 1 P3 I? ` 1 I 1 - �•- �� .H R W. G' R q .-r-• r r r 7 .r C . !TOP, UH71IXHZ13 iTfyH 3S3S X99 tTC Y°3 3T LT Q3A OO /ST ,'TT 11/16/2000 10:53 8634139 BARRY WEHMILLER PAGE 02 r •vtrn ern M I'MIN �zi r�tN LO USF NO.006 P.2 ■ ATTACHMENT 6 w AGREEMENT FOR PAYMENT rti ASPEN/prnuNN Ad COMMUNITY DEVELOPMENT DEPARTMENT Agreement for Payment of Pitldn County Development.Appfication Feea OR id PTTKIN COUNTY (hereinafter COUNTY) and BARRY- NEHMILLER COMPANI INC. (hereinafter APPLICANT) AGREE AS FOLLOWS: 1, APPLICANT has submitted to COUNTY an application for Extension of Vested Rights, 11, A spen River valley Ran (hereinafter, TBE PROJECT). 2. APPLICANT understands and agrees that Pitkin County Ordinances No. 98 -7 and 99 -37 establish a fee structure for Planning applications and the payment of all processing fees is a • condition precedent to a determination of application completeness. A. 3. APPLICANT and COUNTY agree that because of the size, nature or e , scope of the proposed project, it is not possible at this time to ascertain the full extent of the costs involved in processing the application. APPLICANT and COUNTY further agree that it is in the interest of'the parties for APPLICANT to make payment of an initial deposit and to thereafter permit additional costs to be billed to APPLICANT. APPLICANT agrees he will be benefited by retaining greater cash liquidity and will make additional payments upon notification by the COUNTY when they are necessary as costs are incurred. COUNTY agrees it will be benefited through the greater certainty of recovering its fWl costs to process APPLICANT's application. ,., 4. COUNTY and APPLICANT further agree that it is impracticable for tr COUNTY 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 legally required findings for project approval, unless current billings are paid in full prior to decision. r �' 00005 11/,16/2000 10:53 8634139 BARRY WEHMILLER PAGE 03 nnan ai H=M11 W wri N0.006 P.3 5. Therefore, APPLICANT agrees that in consideration of the COUNTY's waiver of its right to collect full fees prior to a determination of application completeness, APPLICANT shall pay an initial deposit in the amount- ,., of $ 1. I I a which is for g hours of staff time, and if actual recorded costs W exceed the initial deposit, APPLICANT shall pay additional monthly billings to COUNTY to reimburse the COUNTY for the processing of the application mentioned above, including post approval review. Such periodic payments shall be made within 30 days of the billing date. APPLICANT further agrees that failure to ee pay such accrued costs shall be grounds for suspension of processing. PITS N COUNTY APPLICANT i Barry- Wehmiller Companies, Inc. Cindy Houben t N M Community Development Director ?ti ii SiAwturi ., W w r+ �1 ." it w g:\support \forw\sgrpayptdcc 05/06m J• Mailing Address: Attn: Mike Zaccarello St. Louis, MO 63105 000036 .w "4 w w ARI lil w� ww W w� w �1 V it ATTACHMENT 7 LIST OF ADJACENT PROPERTY OWNERS BARRY WEHMILLER GROUP INC RIVER ROAD RANCH CO JANDEGIAN JEFFREY M a CATHERINE 8020 FORSYTH BLVD PO BOX 9 PO BOX 6455 ST LOUIS, MO 63105 WOODY CREEK, CO 81656 SNOWMASS VILLAGE, CO 81615 Bureau of Land Management STARKEY BARBARA TRUSTEE Att: Brian Hopkins C \O JOEL FADENBCOINC Community Planner 1775 BROADWAY STE 708 P.O. Box 1009 NEWYORK,NY 10019 Glenwood Spgs, CO 81602 COFFMAN KATHLEEN 420 E HYMAN AVE ASPEN, CO 81611 -1920 nonn ?7 PNEUMATIC SCALES CORPORATION BARRY - WEHMILLER COMPANY CIO 8020 FORSYTH BLVD ST LOUIS, MO 63105 JO NET INC A FLORIDA CORP PO BOX 5555 LIGHTHOUSE POINT, FL 33064 ti STARKEY BARBARA ic ICI NET INC L,Ll im .0�0p?q �LA-j ROAD RANCH Co /BARRY HMI/R JANDEGAN j JE FFREYM&, GROUP JE FFREY CATHERINE COFFMAN KATHLEEN RUSTEE PNEUMATIC SCALES / ICWPORAT�IN -- --------------- ATTACHMENT 8 ue 8. To apply, submit ten (10) copies of the following information, unless otherwise noted: im • Letter of request (application), addressing Code Sections listed above, and giving background PITKIN COUNTY .. • Copies of previous land use approvals; PRE - APPLICATION CONFERENCE SUMMARY sw • Proof of ownership (from a title company or attorney licensed in the State of Colorado) DATE: October 12, 2000 V PROJECT: Collins Extension of Vested Rights LOCATION: Tract 11, Aspen River Valley Ranch, Woody Creek • Total deposit for review of the application; OWNER/ Collins Family Trust APPLICANT: the County . The information provided in this summary is based on current zoning standards and REPRESENTATIVE: Stan Clauson Associates, LLC Tel: 925 -2323 PLANNER: Brian McNellis Tel: 920 -5099 im 1. Type of Application: Extension of Vested Rights 2. Description of Project/Development: Applicant proposes to extend the vested rights associated with a 1041 Hazard Review approval on Tract 11 of Aspen River Valley Ranch in Woody Creek. 3. Areas in which the Applicant is requested to respond, types of reports: Land Use Code Sections: Section 4- 140 -30 Extension of Vested Rights 4. Review is before: BOCC 5. Public Hearing: Yes, at BOCC. The applicant shall post a public notice sign on the property at least 15 days prior to the hearing and shall mail notice to all adjacent property owners at least 30 prior to the hearing with the return address of the Community Development Department (copy of M the 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 appear no more than 0 60 days prior to the date of the public hearing wa 6. Will be referred to: Attorney, Zoning, Wildlife Biologist, and Woody Creek Caucus W 7. What fee was the applicant requested to submit: • Panning Office (deposit): $1,100 (additional hrs. are billed at a rate of $185/hr) • Clerk: $110 • Total: $1,210 110 u,J0039 8. To apply, submit ten (10) copies of the following information, unless otherwise noted: im • Letter of request (application), addressing Code Sections listed above, and giving background information and summarizing the 1041 hazards and mitigation; .. • Copies of previous land use approvals; • 24" X 36" Site Plan (please see attached); • Proof of ownership (from a title company or attorney licensed in the State of Colorado) including legal description (2 copies); _ • Proof of legal access to the property (1 copy); it • Agreement for payment form (2 copies); • A list of adjacent property owners (1 copy); *" • Total deposit for review of the application; iW • Copy of this pre - application form (1 copy); PLEASE 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 r staff's interpretations based upon representations of the applicant. Additional information may be required upon complete review of the application. im 110 u,J0039 co 7512 DEVELppMENT DEPART 130 South Galena Street VV Aspen, Colorado 81611 (970) 920 -5090 ._ 172 159 173 174 162 169 160 Pitkin County Land use: Board of Adjustment County Land Use Code Deposit Flat Fee Zoning and Sign Public Notice Planning Enforcement - Other Fees: 155 Use Tax 165 C opy Referral Fees: RB115 Access Permit LUC01 County Clerk 193 County Engineer 194 Environmental Health 198 Housing 190 Land Management 196 Wildlife Officer Other Fees: 155 Use Tax 165 C opy Building Fees: 170 Board of Appeals 135 Building Code Sales 105. Building Permit 100 Contractor License 120 Electrical Permit 195 Energy Code Review 115 _ Mechanical Permit 150 _ Plan Check 110 Plumbing Permit 130 _ Reinspection 151 Aspen Sanitation 152 _ AVFD Fire Marshal Other Fees: 155 Use Tax 165 C opy TOTAL NAME: 6 I' ADDRESS /PROJECT Ii PHONE: CHECK# ` I CASE /PERMIT# : " — # OF COPIES DATE: �..�1` INITIAL t Performance Deposit 185 Park Dedication 186 Parking Cash in Lieu 166 GIs Maps IS GIs Requirements RB116 Road Impact Fees B1202 Road Impact Fee TOTAL NAME: 6 I' ADDRESS /PROJECT Ii PHONE: CHECK# ` I CASE /PERMIT# : " — # OF COPIES DATE: �..�1` INITIAL t