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HomeMy WebLinkAboutpitkin.planning.264522400010DOCUMENT LAYOUT THIS FILE MAY OR MAY NOT CONTAIN ALL OF THE INFORMATION LISTED BELOW IN THE FOLLOWING ORDER Summary Sheet Resolution for the BOCC and /or P &Z Ordinance for the BOCC and /or P &Z Determination for the Hearing Officer Administrative Determination Staff Memo Application Public Notice, Acceptance Letter, Referral(s) Letter Site Plan Miscellaneous Plat(s) PARCEL ID: 12645-224-00-01 ' DA Tt'KCVb 1 6/6/2000 TUO'NES: 10 CASE NAME: 1 Meyers Extension of Vested Rights Planners PROJI ADDR:10300 Old Pond Way Lot 12-A Shield-O-Terrace OWN/APP: Meyers. —William B ADRF58 W. Erie� REP: John Young AIDR:F5 Hill Road Email Addr: I FEES DUE: F77770 'clerk FEES RCVDR20 C IS /Z: [E 116 CISIZ:Fn 81654 PHNF7 ALLOCATED HOURSF % OVER: REFERRALS lAttorney, Zoning, Engineer, Sheild-O-Terrace HOA REF: 6752 BYFTT� DUE: F771 �72565 MTG DATE REV BODY PH NOTICED DATE OF FINAL ACTION: F— 8/9/2000 F —8/9/2000 FB-05c— No F F F No -- F F 7 Fo­ F REMARKSF CLOSED: T8 �/2000 BY: 00 BOCCReso: 1163-2000;f446369 BOCC Ord: Pz: HRG OFF: HO INDEX: ADMIN: PLAT RECORDED 2 -4 -03 PLAT (61K,PG):F64 P24 #478246 ADMININDEX: VIR APPROVAL DATE: F 8/9/2000 VIR EXPIRES: F 8/9/2003 CASE TYP: I Extension of Vested Rights CASE TYP2:1 CASE TYP3; CASE TYP4: t 1i Location: CASE TYP5: CASE TYPE: CASE TYP7: Date Scanned: 0/1 V!l I F Box #196 J U Rim—In Y �w Z RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO, GRANTING APPROVAL FOR AN EXTENSION OF VESTED REAL PROPERTY RIGHTS FOR THE MEYERS PARCEL �0 d Resolution No.162 -2000 ==(n —W B cc a RECITALS r z �.'. m I. William B. Meyers ("Applicant") has applied to the Pitkin County Board of County Commissioners m ( "BOCC ") to consider an extension of vested real property rights pursuant to Section 4- 140.30 of G the Land Use Code. _mow =W m N m 2. The property is described as Lot 12 -A of the Shield O Terrace Subdivision and more specifically =m i described in Exhibit "A °. � am ra —m �m v o 3. The property is zoned RS -30 PUD and contains 3.42 acres. _ 4. The BOCC heard this application at a duly noticed public hearing on August 9, 2000, 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 County Commissioners that it does hereby grant an extension of vested property rights to the Meyers Parcel subject to the following conditions which shall run with the land and be binding on all successors in interest: I. The Applicant shall adhere to all material representations made in the application and in the public meetings. 2. Conditions of approval shown on the Hoffman/Meyers 1041 Hazard Review, BOCC Resolution No. 97 -1.18 shall remain in full force and effect, except as amended herein. 3. Outside illumination shall comply with County lighting standards in effect at the time of building permit issuance. 4. In accordance with Ordinance No. 2000 -02B, this approval shall permit a maximum of 5,750 square feet of floor area (all inclusive) as defined by the 1997 Uniform Building Code 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 same time as building permit issuance. Statutory vested rights for the approval contained herein are granted pursuant to the Pitkin County Land Use Code and Colorado Statutes, subject to the exceptions set forth in Pitkin County Land Use Code, § 4 -140 and C.R.S., § 24 -68 -105. The statutory vested rights granted herein shall expire on August 9, 2003. 000001 Resolution No./�l _2000 1 111111 IIIII 111111 ail 111111111 HIS 111111111111 IIII Paget — 446369 08/24/2000 11:3311 RESOLUTI DAVIS SILVI 2 of 3 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO NOTICE OF PUBLIC HEARING PUBLISHED IN THE ASPEN TEMES ON THE Sth DAY OF JULY 2000. APPROVED AND ADOPTED ON THE 9TH DAY OF AUGUST 2000. VESTED RIGHTS NOTICE PUBLISHED ON THE i - DAY OF 2000. ATTEST: =, �/' IL Ly #e ' R. Dean, Deputy Clerk and Recorder APPROVED AS TO FORM: John Ely, Countf orney Case dP72 -00 PID4 264522400010 BOCC OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO Shellie Roy Harper, Chair Date: APPROVED AS TO CONTENT: � (- tt C ndy HOUben, Y1403 Community Development Director 000002 448389 08/24 0 11:33R RESOLUTI DAVIS SILVI 3 of 3 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO EXHIBIT A LCT 12 -A, SHIELD -O- TERRACE, more particularly described as fol 86 t W of thed6th P�incipaldMeridiatiomore particularly5describedge follows: BEGINNING at a point being 1399.14 feet North 22°OC' East from the South Quarter Corner Of Sectio. 22, Township 9 South, Range 86 West of the 6th Principal Meridian; Thence North ?5 °O6' East 184.37 feet; Thence North 45 0 04' East 70.54 feet; Thance North 36 0 04' East 298.77 feet; Thence North 37 ° 14' East 90.82 feet; Reserving a 30 `loot right of way and utility easement or. the Southe_iy and Easterly side of the above described four courses; Thence South 53 0 30' East 350.00 feet; Thence South 58 0 03' West 593.88 feet; Thence North 64 °37' West 115.0 feet; Thence North 77 0 06' West 155.16 feet; Northerly and Easterly Reserving a 15 foot utility easemenC on the sides of the above described last two courses; Thence North :2 0 40' East 60.55 feet; Reserving a 30 foot riaht of way and utility easement on the Easterly to the poi side of the above described course, p of Beginning. w TOGETHER with a right of way for ingress and egress to and from road along presently constructed roadway, as granted in instruments recorded in Book 228 at Page Sao and in Book 235 at Page 159. COUNTY OF PITKIN, STATE OF COLORADO 003033 SafurdaySunday, August 1320, 2000 • The Aspen Times 15 PUBLIC NOTICE PUBLIC NO ICE RE: MILLER CREEK ESTATES 1041 HAZARD REVIEW & CONCEPTUAL SUBMISSION - LOT 3 PUBLIC NOTICE (P81-0O) PURSUANT TO G[S. 131�2 , AS AMI.NDIA. YOU AR[ NUnF11D THAT TIIE POIADWMG PAG[S NOTICE IS HEREBY GIVEN THAT the Board otCwnty Commieiollela ale NOTICE 15 HEREBY GWEN Bad a public hearing will be held on Tuesday. September 19, 2000ata L•OMM 9 AR[9UMR OF THE APPLICATIONS AND AMENDED APUC710115 PILED wren TIN WAna CL[RR MR WAnR DNOION 5 DURING TV M mOPJUI.1 lens regular meeting an June 28, 200(1 and after a duly- nmiced public Mining Published In the meeting to begin at 3:011pm or as soon thereafter Weekend Editionofthe Aspen Times onlune17,2000,edoptMdwfollowing Ordiumee so the conduct of business allows, before the i 0 ill Coca. Weer Div J[ Roadn[FM Rihv .Sr AMENDE D A''UMACT wAyInA WA'IFR SmNAGS Pltkln County Hearing Gilkey. Commissioners WOlaIs, App: Creexr R MRy, do Sbn A Cdait was A tarp, P C. 120 Bond Aye, Gag. M Nana: SkwO MAO, ®d Meeting Room, 506 East Main Street, Aspen to Oemwp heal pa3M Dem pwEtivp®aISXi6hi5w14 SC?4 ns. aalw 6'eM. n•pw.Dae.le ft ORDINANCE ORDINA consider an application submitted by the SW mm a Sv. 16, M. RRIW. bib PM. bma S 2'30 E 1M) 5, n Ponk w (k Na. b17. G fo. C'O. &Ojos,: Ili Meredith Land & Cattle CO., LLC requesting 1041 Rmug Fat Poor my, to CO Rive. AppoP: lnw100q by pubs a rk am. da apina m at pile Tdentwodw see OF THE BOARD OF COUNTY COMMISSIONERS Hazard Review A Conceptual Submission ran a some w min a paid Awe JO cf4., male oe: To MI Ili AAA d Dad Red, stand. tit- "fly Rve i+aodd Rnra �A OF PrrKIN COUNTY, COLORADO approval to construct a single family residence. No 1 I.,r. of y se ee. s 3s a NW In SONY, su M n[ MW 6 P M., w ed a m^d „nth nail Imld a a maa Ian' The property is located In the Fryingpan Valley from E At line and 2alU' Ova N a out ca ble, D, Snwor. paid In M Mid mu stoup MM and nam,n[t.ma. loony GRANT OF NEGATEVE EASEMENT ON PITKLN COUNTY LAND LOCA7YD near Meredith and 6 described as Lot 3, Miller Red Mrs Enlaprmmt.ad tool twist Inbulq w Ik Rmhe Fpk Ri v ApTP' 1nlvmm, y m apm, acv pan t° BETWEEN THE PTT ON COUNTY LIBRARY AND THE DRACO AFFORDARLE Creek Fsldles situated In Section 14, Township 8 "poor. mixed pion M aAdly with pad ad ram oHmm w rime, seat M hat oe. Ano - 90 A. r., aid, Lap not m all sell in pates us , mvdon. plushµ wiBRra Rack - .,m..nmdd and wanrO prsata.n The mad w,a also R HOUSING PROJECT South, Range 8 5 West of the fith PM. J e an in aapum by App kr Ms Slow Oki W lbmj lnwl a aver don Avid Arn ly,. Smwm Ana a hgh w.e am:e.50amMart. wan Po:10%Uam L� l7r. Tkc b awl lend by App For further information contact Suzanne Wall[ at the Aspen/Pltim Community Development pm oil oast This Ordinance grants a negative easement on certain Pilkin County lad localed between the Department, (970) 9205093. eornlxt oat Ja Cale a•I Ia1 AMR . In AMENDRN APT TORWATIOR RIGOTS AND n. Ord. M Pilk Libra in County Libra and the DRACO affordable housing pmlcet s/lance Clarke PLAN MR MIGMTNTATION AND C4CRANGA M Ransil Bpelw, PAM Ewrsa Rent, Olson. A Forlaw. de Pilkin County Hearing Officer hale A Hims,I rf Grand Ay Qeadaid SPr1nay CD IN MAIM RECITALS Published In The Aspen Trues on August 19, 21100. (72258) Nan Amami ) At Deleh The Board of County Commissionca of Pilkin County, Colorado makes the following PUBLIC NOTICE (gem) Iron) findings to support its gmnt of a negative euement on Pilkin County lane located between the RE, GOODMAN /BONIPO BRIDGE 1041 HAZARD MAI) FILM Pilkin County Library and t DRACO affodable housing pmlccL REVIEW (`94'00) NOTICE IS HEREBY GIVEN that a public hearing Dot gee To.-* Ray 16pR1 0:0 l has A negative ucamom from ble hg pmjau nqune 1. The DRACO afforda ousin WIII be held on Tuesday, September 19, 2000 al a to b egin at 3:O0pm or as soon thereafter Ride D - N[bw a 7[ for. Wm 21" f map Fria wan E ,ary c Pi kin County which would prohibit development Ind owed by Pilkin County between an, As the conduct of business allows, before the Na 2 The negative eueerr is `halo Library and the DRACO affordable housing project m PI1Wn County Hewing Officer. Commissiners ' Bohol Wdp Is msw Ix 7[ f W- BOARD m6 Iwcessmy under the Uniform Building Code to allow the placement of southerly facing windows Meeting Room. 506 East Main Street, Aspen to Face Wra in that DRACO affordsble hmumg =M, consider an application submitted by Meg W3 Goodman & Michael Ramat requesting 1041 - nayw Rd, Is N 6W 12 mfl a W. mail Sao >m 2. The DRACO affodable housing project is infill affordable lacurng which is a Hazard Review approval to construct a pedesVi- n & vehicle across Snowmaas Creek EpmWA goal oft ate m he 2000 Update the Aspen Arta Community Plan. The properly is located 615E Snowmass Creek No 5 Road a is described as s a parcel of land in the mt BmotRdp IS Nw Bw O t[ tlw. Ifs Nils ma 3. The granting of a negative resonant will uM1sunrio ly further me public, heals, SE 114 and the NE 1/4 of Section 22, the SW 114 peer wan Pray said well. of me cilieehuy of Pilkin County in maviding A g.lily oppmwiny lo t andthe N 1 /4olSttYlon 23, Township9 South, W No, a affordable housing within the City of Aspen. Range 85 West of the 6th &bill Ride 1240 AID 11 a 79. NN. 1 moo 3010 For further Inl a contact Brian McNellis at the AspM /Pitkin Pilkin Community Development gate wW d. The ter, pmvi. +lo ..I se end location of the nega..I l are contained in ms DeparlmnL (970) 92050". Ha s Exhibit 1 and incorporated hand. AfLe.,e Clarke lb Wdp U eWBW 11 7[ - fw. mN 1410 mil Pltkln County Hearing leer Vow wan NOW THEREFORE, be itodainM by the Riled of Caunry Conlmimiolan of Pilkin published In The Aspen Trues n August 19, Null Caunry, Colorado, Out it hereby grnn a negative ea,mnent u ul fob As Exhibit 1 hereto. MDR. (72259) Au kmrm widdx mr6uPM station Grmwwre mawask Osi. Rwtiq Fsk What. Alpep: w1Ymo0. wide nbe lm hawwsot`. Sec. ILn5. 7( PUBIC NOTICE RE: PARKER 1041 HAZARD REVIEW. RIDGEUNE Rages, say M LOAN 2. 3, S. x 9 ad I I dCroaamd H059w SIbAvWP ether w As Not arum t dole Crum cloth And NEGATIVE EASEMENT r \ REVIEW AND SPECIAL REVIEW (P9600) Rounder cane ar vu new camp wan Nat Red9 isle trdmr . Appdp. Fi lamid, plawang ad clod-as RESTRICTING BUILDING IMPROVEMENT'S NOTICE IS HEREBY GIVEN that a public hearing , aw a rd. wasuid do a Intmt to don w , apply wire in pr d,K"stem[. a: ]naiad. Asa to his ampad: 3a.oao s r In will be held on Tuesday. September 19, 2000 at a Ian 2,3, A. A. 9 and N ear(Moan d Nalow SottlMdw. ua', Dow ed Yxl,wrvmltramnaim Ple MAq.anitlle pmerasAranihere setting begin M robust W.eusMa rra•ausmlatwa RO Ferranti, anakwxlyl9f. CbePa6i3 race aid. Cl. Qdla afar Nan . alter as the conduct of business allows, before o f m m/ aims ay. S W Corm ear °¢ 1. Ta$. RM W Cpl 1'.M pma N M5E90' I.Im R. Ran¢ FniaRmt Ww. AM: Imj69 This Negative Eucmrnl R estricting Building Irnprovemnis is Mill. County Hearing Officer, a[ neat npe.am m Rndi xn amend ks ehamumn w aIV rg Ara [sun Isp Ameyar: Arms elm Rbv. nb n by and ee THE day of .2000, by and betwcrn THE made old en into this ay Main Commisslolrers Meeting Room, 506 Fast Main C _ BOARD OF COUNTY COMMISSIONERS OF PPfKIN COUNTY, COLORADO, as the Street, Aspen to consider an application submit- . Ib v SE aKrmnir,e n S,mmld ray, M. In Area 11. 12, O. 14. D, ad 24, nS, RWW. as City Anne, W.. k mom ela m governing body of Pilkin Conty, Colorado (" Pilkin County ), a home mle Colorado County led el n exis Parker requesting 1041 H ull t Rldgelie Review approval to amen d the Se 17. I[ 19, 20, 21, 2R, t9, ad H, n5, RI9W. CA PM Mjod- IWIL1955 p . A edp : VoInS Gm W - 7712. In wind SHIT. CYPt U S, fTmYa Cm1 QN. Ae'. IN.615 AF. wed 11a mmucipl. ear. ad ak2 ae lest Dam ®I N, ath ( "BOCC), and DRACO, INC., a Colorado Corporation ( "Draco'). approved building envelope and establish deve4 Fork dtl ed pemvaa Chains, ass Keith APP was lead 12 AP. a cw aa•md an 79C9,Dpr. Was aw 5 ( comment envelopes for the purpose of consWcl- .MWIk WITNESSETH Ing a loam, Installing a septic system and recon- figuring the driveway. The applicant requests PAV wttR wAlnl Rl(BT(5 special review approval for a caretaker dwelling "Deese Mat, Dwud Aefulieb Alptrtem WHEREAS, Pilkn County is the owner ofcerlam real property situated within the City uMU The pro perty 6localed above Brush Creek old A °� Na. 1aeu a'e 4e GA of Asprn, County of Pilkin. State of COlorad0, furlherdescribed in Exhibit "A" incorporated Village Subdivision nth Is described as Wt 2. ll. rxW, Mounded made a part hereof (the "County Property "); and As Ridge SubdlWStn. a parcel of land silual- Pit in Sadao. 20, Township 9 South, Range 85 PdkBYA 9a 211A MW. NwM m 6WrW19D WIn9M 912 Nx3 Neel _ WHEREAS, Gnice is the owner of certain anal property shutting the County Property, West of the 6th PM. For further information contact Tamara Pmgl at M 4. 1 ID 221A. HW/59r1m Rhea 1916 6gwDD AI sawynow W7 also located within the City of Aspen, County of Pilkin. Stale of Colomdo. as further described I. the Aspen /Pilkin Community Development -- M1h stn 2D ux Nwswlm 9BY1ws - Ra19 TIMI Ian rO Exhibit "B•' incorporated herein and made a pert hcroxi "There Propdrty ); aed Department, (970) 926510.7. Clarke tiAa calls Oboe pas If 716 HWIbM•a9P MAIM H s/Iance PIMP County Hearing Officer a Fan u6rA WHEREAS. Draw intends to construct an wIfoulable housing Project file "Projecfl on Published in The Aspen Tmes n August 19. aa0 WI1J a portion of the Draw FlatFlattery Pt which shall be deed restricted as to occupancy and rental ratio 20(10. ( I'12fi0) DkaA mwdihv daaaeolma`kb aims bou nd adRSnrdn: mNaumAT,mlw�AVr3NwAmARVna Per the AspMPid in Housing Guidelines nd'the City of Aspen, Colorado's land use appmval of PUBLIC NOTICE road Project; and NOTICE IS HEREBY their O meeting 9� IJ� Prbty lame AR.R'mP Aloes CA County Commussslarers al regular Ammer N s Arm 7, w., Lksr OL` WHEREAS, the Ind use authority of me City of Aspcn has granted final approval of the on August 8. 2000, Realty adopted the following 4SP1 Tl PIl w' P rfhEf described in Exhibit "C" incorporated herein nth made a part hereof. old rojir as further ordinnce�. AUTHORIZING ACCEPTING DONATION OF C1rmtlIAY AMA Ar ® 7wrte Mvlfl 9pYiEf SIN EMERSON AND KNAUS CONSERVATION EASE - Rm W WHEREAS, in order for the Pmlecl to comply with the 1997 Uniform Building Code, an MENTS Copses the lull test oft he Ordinance's on file Ib.rew mfa AP sea TL+tB dIm`n9f 9Om9N rra Pmvpt Eel adopted 0e C r equirements for natural light and ventilation, and line protection P Y Y• req 6 PnrpeflY P in the office d the Clerk old RecONer's Office. f cv. Pavw11 aI aAF 731 tFitE iVYr97I ADma4s provisions, it is necessary that the BOCC agree not to construct ray building improvements on 530 East Main, Suite 101, Aspen. Colorado 81611 the County Property which would cause the Project N no longer comply with me UBC; in the Jenrette Jones. N ranRemfes N9. 79Cwa9fm Apsnmaamsd Esd a Ape paanda Yrelep pwa aWw5de tXT Rzi P.M., kr 6 dmna6 min N, w m.000 q A a kwn ahem Bdrm Rdee F"m W41 Nan x 3.9.E 9 ed I wBl h nail fm area further described in Exhibit "D" inwrpomwd heroin and made part hereof; nth Deputy County Clerk Published In The Aspen Toles n August l9, sow eagy roam upMem a. n Auto,. IM sad each ,a =A inarn,m. l NF mn..e 143 A p, air ON, On in. wan (72�� mt ca : Ike a mteen m iney nrm m, R cnmsoe. rural awe Omar win a airs ion Ili ea m ay. w c n WHEREAS, the Count is willi to a to the req uired N Easement for the Y g a g ree fe9 Ba PUBLIC NOTICE Want+epreeety lMi,iNleewnee AyooJ rynnm. UPw Smal, myke 6vhmaa6elpu with MY wv(a whew e®d Soon at. rte an be radrmedy diwapd .M Panda ram wdI, nmaa and she soaps roy, . n are rrnn 1.1. Crew_ aeee described in Exhibit "D" given the deed restrictions on the Draw Property limiting NOTICE IS HEREBY GIVEN THAT the Board ah pa Irani w m u sdrW IJ TA. RM.w M1N p M MCK7. on mRpna (rank Crai m AM, mWm room Mm Rrs O ccupancy fthe nits to qualifying Pilkin Count employees and the rental rates Of the units. Pana t 9 tyn '8 Y P Yces of Courtly Commissioners, ale regular meeting n maorm R r.oanoWn Coordao Rben to teen w Ad of pony deidwas who, ea cars owcn.m.101.1 the Negative Easement is based expressly on the splat(bc The County's willingness to agree but m on August 9, 2000 and alter a duly - noticed pub - AF am, (stem and erica Rrwi no 1 J A F. e! RrA ITId, nth we. aw. m Pxw97.a1 R ,®e b. arixalen nermiatim lie hearing published in the Weekend Edition of Waeromm M ebmaknmamn.apim m as raw wraxn t m 2 sddnl n App I9ppa) approval granted by the City an contained in Exhibit C hereto, including the total Bear urea and the Aspen Trues an July 29. 20000 adopted the N. thawt17; W ab mn A; Cdlle Crack Madre Fah A CO APP FOR SURFACE WATER A STORAGE MCATIS. height allowed on the Draw Property through the approval. following Resolutlona 155-00 A RESOLUTION OF THE BOARD OF COUNTY limn C ram J. Nmnl Tin, do Arta, A ob,m. Cdow a aj,EV PC, Iml GMd AN, cos Mi - Ian MAIM areal Sr.ac I ,,bapran kmla+ Ihs NEV. sw�,: s < 11. ) IS, mine s pM. none,) Arm' hen N. Sec I.. and Sam ram W ss Im,cfCc I—,:+moeuu`m c C,aa,, A Posting Flak RnoAppnn•Aso. sty mnhcs era popeb . dry erpsn NOW, THEREFORE, in consideration ofthe sum offs 10.00 nd other good and COMMISSIONERS OF PITKIN COUNTY, COL ORADO SUBMITTING TO THE ELECTORATE AT m.Iml d main aM mar iwa ma,;u o aye w,r, wain Amr. ms ers., mid w Ml Saawnr paid ka sat.asrwA awa,w .;dEr, anlnlr,my- nnrw,sscaumm dc+. 3w Clain sepkmal FO�Ie lrnre Ner,svt s2TS,auw 6•PM.min in hand paid by Draw to the BOCC, the receipt and sufficiency of which valuable consideration an AN ELECDON TO BE HEIR NOVEMBER 7. 2000 PROPOSED CHANCES TO THE NOME RULE 9 incyoonwavl ilolkw Satan doc A nn a 449590ot 1nr Co mmdi Tom ha W ac. hrc was lea' 6om N. u' Err to Fe. IS hereby nkflOWltdged. 11151erCby BgfCCd as fOIIOWa: CHARTER ARTICLE Y BY AMENDING SECTIONS Calk crop A3w•. r1. and to R rdkd nob Oman sera In frJ, s acM Aide in w (Ism a .1 morn IMnao w v 5 . 5 'li/1991 y p,nMx M pmlm3'.'Jm dt plam to dexlry n pant ran Ik lagvrv. pErmnR far n pawl sd )adi with mN wd dmmaa Ia AF. and. win thou Ia nn.d nail Ia padly man air. an rra. Copies Of the full text of the Revised Emergency Ordinance are available fur public This Amendment Is proposed to allow the Clerk ,am a ama m Aran wales rw Iry errs .hair. inspection from 8:30 to 4:30 in the Office ofthe Clerk and Recorder, 530 East Main SbeeC & Recorder In serve an nlimlted number of amt Iraa,mo,Iioa pm,Iadnl. wilalia amt amm+ns .wlmeasod stalk lmwaplaa saama-Lovar.danlleele lo' In AF n �n msv3 do 8161 L Phone: 970- 920 -5180 Aspen, Colorado ex nsecutive, terms In office. Copies of the full tart of the Resolution 5 von Au NFREBV Nonnxn THAT air nA V F.mA rM law dm or SEVI IAAtER 2nm w me to IM W av Oea at leandte Jones 155-00 are available Ian public inspection Imam 8:30 to 4:30 in the Office of the Clerk and qu.er. _,;.,..a (. nw.yanndd aPpknaa,aoola as pr a^ae+n ,h a -'s a "n whim n wires r „raabr to oal A Ann ad w ds . sin R he ar•rd any to .11 ea a dol win r ao.M d 11 Deputy County Clerk Record, 530 East Main Street. Aspen, Colorado er nkd with rR war ,pan Ili @s j or m, .Ppk.m'. Amain.. "d m amd..w v mnaka w V a ra wake eau w u (1a4, u pmcnM y Rok 5. CRIT, 11t. lag Fs Se"i PFG MROAN, War CM, Wee -' W 51 N9 e I Th BOCC hereby agrees with Dnco, and m ey,cmaom, gm m nle and AO in old In the 81611 Phone: 97692MIRO Jeanette Jones Elmf, S"IN IM GlA w.5prag•. CO a1Mt Published In The Aspen Times August 19, 2000. (722'21) Project, ram b conjoint any building improvements on the County Property which would came the "mi Deputy County Clerk Published in the Weekend Edit [an of The Aspen to not Comply with the UBC, unless the Negative Easement IS Tm&red nail and void as set forth in Trues on August 19.2080. (722 freragrapho2and3lo.m. Theruoidin neon the Conty Property shell be aburdrn on the Counry X PUBLIC NOTICE Pllkin Comity Hearing Officer Commissioners NOTICE IS HEREBY GIVEN to the general public Meeting Room, 506 Fast Maln Street Aspen to Property manning (a the benefit ofthe Drico Property. PUBLIC N OTICE IVEN THAT the Breed NOTICE HEREB Y GIVEN HEREBY that on August S. 2000, the Community al submNted by Jeffrey g consider e t o.ting 104 tkin Courtly granted Coates requesting 1091 Hazard Review & Development Direc of P am rtf an me Dram ProPrdy limiting the ner rd Of the affo oz I di es of Co unty 0 and after at a r meeting an August 9, 9, 20 20(10 aftete r a ekbyend no t pub - approval for the Ad Caretaker Concep a O of is s ever pmpMyowner 1fthe the Dnco the Property o i the of d units and Edition Ile ed I Weekend EAl of o dnsimd ly residnce. The property Vaty Is located Dwelling Unit application for ilt t the Pfeffer proper- single family residence. The pr and void alidvled, ted, t this Negative a Easement shall immcdian become become ome wil1 l a Property or r olherwise iu Invalidated, odarm the Aspn Trues mess July 29, 20000 adopted the Aspen "I July 9 ty (P83M) located at 0172 West Tieback Road In the Fryingpan Valley near Meredith and is following Resolutim# 157-00: A RESOLUTON OF THE.BOARD OF COUNTY and described As l.ol 2, Pfeifer Subdivision. This described As Lot 1. Miller Creek Estates, situated 3. If the development allowed on the Draw Property as set forth in Exhibit C hereto COMMISSIONERS OF PITKIN COUNTY, COL slue specific development plan grants a vested In Section 14. Township 8 South, Range. e5 West right pursuant to TIIIe 24, Article 68, of the 6th PM. is subsequently increased in Boor area and/or height, this Negative Easement shall ORADO SUBMITTING TO THE ELECTORATE AT properly Colorado Revised Slalutm. For further Information contact Susanne Wait[ at become null nth void. AN ELEC 10N TO BE HEIR NOVEMBER 7. 2000 PROPOSED CHANGES TO THE HOME RULE s /Cindy Houben the Aspen/Pitkin Community Development CHARTER ARTICLE V By AMENDING SECTIONS Community Development Director Department, (970) 9265093. Pilkin County, Colorado seance Clarke 4. Except es limed by PangnPh l hereof, any other or dmoof by the BOCC may be made of the 5.7 Published In The Aspen Times on August 19. Pltkln County Fearing Officer County Property. This amendment Is proposed to allow the Sheriff to serve an unlimited number of couser- -000.(72262) Published In The Aspen Times on August 19. 1 e 2000. (72256) 5. irony provision of This Negative Easement shall be determined by a corn of law to be invalid, alive terms in office. Copies of M the full text of the Resolution ! _ PUBLIC NOTICE - - RE. such pmomioo, lullbeseverable (ennfl.derofdw Ncilown Eawm Iodflcb shall tamaleW full 0157-00 are available for public Inspection from BENT CARETAKER DWELLING UNIT (P 106- to. and Afeel 8:30 to 4:30 in the Office of the Clerk and 170) PUBLIC NOTICE X Recorder 530 Ease Main Sheet, Aspen, Colorado NOTICE IS HEREBY GIVEN that the Pilkin RE: MILLER CREEK ESTATES 1041 HAZARD Community Development Director will consider REVIEW & CONCEMAL SUBMISSION - LOT 2 IN WITNESS WHEREOF. the parties hereto have executed this agreement OR Bi611 Phne:9T0A'1A51g0 Jeanette Jones an application submitted by Dorothea Bent (P8IM) the day and year above flail wrillefl. Clo Clerk un requesting approval to modify an existing slmc- NOTICE IS HEREBY GIVEN that a public hearing In the A (shies ition nl The Aspen lure to Include a caretaker dwelling unit. The will be held on Tuesday, September 19, 2000 at a h r ow hed rra AIIRrI 19. 200 0, T ll,es ai ( BACE 11 property U located at 0366 Horseshoe Drive, meeting to begin at 3:nOpm err as son thereahe r Daxe era2R evil " •' a ^•"'n , I P UBLIC tE f d and Is deribed Lot 8, Double K the co Mlins aRoWS, before the x BY GIVEN T) TV) THE GENERA!, NOTICE 6 HEREBY f.I ea $ubdiWSian Pi . Piltln County ""ring Officer, ceOfficer, Commissinrers County Auipnl W. 2rR1f1. the Eta of For further information contact Brian McNellis Meeting Roam, 506 Fast Main Street. Aspen in y[lb DRED, p4. this x612, day of Jan., 1995, b•twan Tha lA CCounty Co el- at Pltkln Gmnr al the AspenMit kln Commen ty Development consider an appllcatin submitted by Kim H. requesting I Ha Review & city of Aspen, colora4a, • hose .1. anlclpal en leis, •earns L. yao 0 "L... etrat, As pai Colorado slay,, I CrrinaAn, M ReMAIAkm IK anli- . A"e Reso aMrpt p 4• tan rAvn rr Deperlmnl (971 9265093. lama a pp ro val sin huml s /Cindy Hnbm pp l to orator E c vW shat rs et eeu o llit ear. le al M s.. is VDada legal •mares• la carper• P° a9° Colorado, • boa a • egeppprvsl B r The "I arty rights b Mayans The ly resi property I, located i Dir ector Fi i The property b looted C the PO tln C Commu Development near Meredith and Frin Val b described T , Asupw 5JO pat lain strai Thlra door, AdMe, ralmdao 616u, Counter property d sc IIA 1 . LS rlescrtt3erl as IaA 12-A. hike+ Target. Al rte ar 20 The Aspen prgpip v m The Aspen Trues n A t 19- u bot 22 ill" CCreek Estates SAuated In Section S• o[ PitAin, <rentmd- fi d In II A s 72, taro 22 I old 3, Sartain a tract d in I M 3, 00. (72 (T 1 ) 14, Township 8 South. Range 85 West of the 6th e.R That tl($ Grantor, ter na In lee e[ an the T,avnhip 9 5aadh, Range R6 West M the so PUBLIC NO PM- l co San a1 X M . MILLER CREEK E ST A T ES 1041 HAZARD For further p naves alw f T•n "a .,d M ao tsls.a01 boa residual, . It. d. aa, •eta D ens e . cola P std WIT MD1m, aI T 4M thaw pruants dove rat.sbu dell, r • WIT eight to e , but up- pu d pa MerMln not icla av1 b A ruff 9pe wh, meal PlainInc d 2 a vaAled yeaµ r ight Tie IA, Mice fig, IRS. Development dn Community Development REVIEW & CONCFP[UAL SUBMISSION -LOT 1 the C , etas.ix ar ntac claim and du all right, title, Intac e did eg pypll punuanl to ty pi JarrPllc p„pg, Departmali. (971 MS M. 93. Department. (970) snanc�e Clarke hot m, c rdr, s i tine f r da•crdbW m•.•m rblaa N• er•ah b•a In Thom NOTICE 6 HEREBY GIVEN that a public hearing NOTICE Mil be held n Tuesday. September 19. 2000 at Pulin County Hearing O(Rcer t rut utdt• aituat•, lying inq saw Dei,q lr lea. empty e[ Plttln ab p else. e[ eotordao, to Vitt Published m The Aspen Trues m Augu61 19, tneel'RIg to begin at 3110pra an As soon pwatelRer Polished in The Aspen Thlnes an August 19, a- 2 " (722641) As the cmldacl o f b allows, before the M ( 72257) Continued ran the hied page. 00 0004 .w MEMORANDUM TO: Board of County Commissioners Regular Meeting — August 9, 2000 -G Sw C1k THRU: Cindy Houb , Community Development Director FROM: Brian McNellis, Planner* RE: Meyers Extension of Vested Rights 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 BOCC approved 1041 Hazard Review, Ridgeline Review, and Conceptual Submission granted July 23, 1997. APPLICANT: William B. Meyers REPRESENTATIVE: John Young LOCATION: Lot 12 -A, Shield O Terrace Subdivision ZONING/LOT SIZE: The property is zoned RS -30 PUD and contains 3.42 acres BACKGROUND/EXISTING CONDITIONS: The property was initially denied 1041 Hazard Review Approval pursuant to Resolution No. 97 -142 because the access was unable to avoid slopes in excess of 30 percent. The decision was repealed through a takings procedure and pursuant to Resolution No. 97- 148 on July 23, 1997, the applicant was subsequently granted 1041 Hazard Review, Ridgeline Review, and Conceptual Submission approval. Land Use issues associated with the property were as follows: REFERRAL COMMENTS: The Shield O Terrace Homeowners Association reviewed the application and expressed concerns regarding the proposed driveway cut which may potentially lower aquifer levels and cause destabilization of the soil. 1041 Environmental Hazard Review • The parcel is encumbered by steep slopes, some exceeding 40 percent. The approved building envelope includes slopes exceeding 15 percent but less than 30 percent. Access to the building envelope requires crossing slopes in excess of 30 percent which was prohibited at the time of application in 1997. Today such crossing for access could be considered "minor" and could be approved pursuant to Code Section 3 -80 -050 (B)(2)(a). The Colorado State Forest Service has rated the wildfire hazard on the property as moderate within the approved building envelope and severe on the remaining portions of the property. Vince Urbina of the Colorado State Forest Service recommended mitigation measures for the property which were included as conditions of approval. ODU01L ;5 It was determined during the original 1041 Hazard Review that there would be no significant impacts to wildlife resulting from a single family residence and customary accessory structures. Scenic Overlay Review (Mapped Ridgeline) It was determined by staff during the original Scenic Overlay Review that there is no other appropriate building site on the lot that would be less obtrusive. Development within the approved building envelope shall not break the ridgeline as viewed from Snowmass Creek Road. 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 extension of vested property rights, the Board shall consider, but not be limited to, the following criteria: 1. 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 as part of the initial 1041 Hazard Review approval which required performance prior to the date of application for extension of vested rights. The progress made in pursuing the project to date, including the effort to obtain alry 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. d. 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. 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 has indicated agreement to reasonable conditions imposed by the County. uuuun RECOMMENDATION: Staff recommends that the BOCC adopt the following motion, `to approve the Meyers Extension of Vested Rights for a period of three years subject to compliance with the conditions of the attached Resolution." ATTACHMENTS: A. Draft Resolution B. Legal Description The application and site plan have been attached separately * Mr. McNellis has received a Bachelors Degree in Environmental Design from the University of Colorado and has worked as a Planning professional for 5 years. Mr. McNellis has been an employee of Pitkin County for a total of 4 years. M n r. w,OU , i 07/10/2000 12:48 9709234262 SUNRISE ELECTRIC PAGE 01 Shield O Terrace Homeowners Association 727 Shield O Road Snowmass, CO 81654 970 - 923 -4383 To: Brian McNellis, Community Development 130 South Galena St. Aspen, CO 91611 RE: Meyers Extension of Vested Rights 2645- 224 -00 -010 P72 -00 Date: July 10, 2000 Dear Brian: 1 have reviewed the package for lot 12A, Shield O Torrace Subdivision and have a concern. The steepness of the cut for the driveway may cut into the aquifer and this disturbance cause an excessive drainage of the lake/wetland above and possible destabilization of the soil. Residents have repotted a drop in the lake level and early seasonal draining of the lake after an access road was cut in nearby. Thank you, Larry L.eonaitis President, SOT Homeowners Assn. 0 JT 0 "3 ASPEN/PITKIN COMMUNITY DEVELOPMENT DEPARTMENT 130 South Galena Street Aspen, Colorado 81611 Phone (970) 920 -5090 FAX (970) 920 -5439 MEMORANDUM TO: Attorney Zoning Engineer Shield -O- Terrace HOA FROM: Brian McNellis, Community Development RE: Meyers Extension of Vested Rights 2645- 224 -00 -010 P72 -00 DATE: June 8, 2000 Attached for your review and comments are materials for an application by William B. Meyers. This application will be reviewed by the Pitkin County Board of County Commissioners on August 9,2000. Please return your comments to me my )TERIALS 0. PLEASE RETURN APPLICATIO TO COMMUNITY DEVELOPMENT IF YOU HAVE NO FURTHER NEED OF THEM. Thank you. 1 -`� r ��-- �C7� ✓ c /Ilklk ( ) 407114 08/08/ 7 10:338 RESOLUTI DAVIS SILVI v EXHIBIT A 1 of 3 R 0.00 D 0.00 N 0.00 PITKINCO COLORADO RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO, DENYING 1041 HAZARD REVIEW AND CONCEPTUAL SUBMISSION TO THE HOFFMANIMEYERS PARCEL Resolution No. 97 -_L Rhona Hoffman (hereafter `Applicant") has applied to the Piddn County Board of County Commissioners (hereafter `Board's for approval to construct a single - family residence. 2. The property is described as Lot 12 -A Shield -O- Terrace Subdivision, and is more particularly described in Exhibit 1. The property contains approximately 3.42 acres and is zoned RS -30. 4. This application was reviewed by the Planning and Zoning Commission (hereafter "Commission ") at a regular meeting on May 20, 1997, and a recommendation of denial was forwarded to the Board. 5. The Board heard this application at its regularly scheduled meeting of July 23, 1997, at which time evidence and testimony were presented with respect to this application. 6. The Board finds that the parcel is encumbered by slopes in excess of 30 %, and that slopes in excess of 30% would have to be crossed to provide an access driveway. 7. The Board finds that development of the subject property is prohibited, pursuant to Section 3 -8050 C. 2. of the Land Use Code, which prohibits development on slopes of greater than 30 %. NOW THEREFORE BE IT RESOLVED by the Pitkin County Board of County Commissioners that it does hereby deny the Hoffman/Mevers 1041 Hazard Review and Conceptual Submission. �� J ,n,. 0f1 M, U L.esolution No. 97- Page 2 — IIIII11611111111111 III IIIII IIII IN 407114 08/08/1997 10:33A RESOLUTI DAVIS SILVI 2 of 3 R 0.00 D 0.00 N 0.00 PITKINCO COLORADO DENIED on the 23rd day of July, 1997. BOARD OF COUNTY COMMISSIONERS, PITKIN COUNTY, COLO O i By - Bi Tune, Chairman Jones, Deputy' County Clerk ... • . , • • .JVM 11 '7'r ;'�Y?�1_ic 7 �� 7 Cindy Houben Community Development Director P41 -95 PID 42645- 224 -00 -010 cases/hofresdn.doc APPROVED AS TO FORM: John Ely County ttomey 0000 1 07 :111 ?997 13:31 4709274813 7HECDORE K GU`! ASSOC °AGE 83 Exhibit i :.DT 12 -A. SHIELD -O- TERRACE, ors particuiar :y described as follows: A tract of land 1n Lots 1 and 3, Section 22, Tcwnship 9 South, 2ange 86 o West ' the 6th Principal Meridian, mere particularly described follows: BEGINNING at a point being 1 398.14 -feet North 22 East f-" the South Quarter Corner of Section 22. TowrshiF 9 South. Range 96 Wiest of the 6th Prinelpa_ Meridian.; Thence North 85 Cast 184.37 feet; Thence North 45 Fast %0.54 '_set; Thence North 36 East 298.77 feet; Thence North 37 East 90.82 feet; Reserving at 30 foot, right of way and utility easement on the So•.itherly and ?..aaterly side of the above described four courses; Thence South 53 last 350.00 feet; Thence South 58 West $93.88 feet; Thence North 64 west 115.0 feet; Thence North 77 west 1SS.16 fve:; Reserving a 15 toot utility easement on the Nor -herly and Sastarly 9: :es of the above desc:^?bed last two courses; Them North 12 East 60.55 feet; Reserving a 30 toot ricut of way and utility easement on tha Easter'; Side of the above described con -ae, to the 2eint cf Eegirmtn.g TOOE := W:th a right of way for ingress and egress to and frctr. road along presently constructed roadway, as granted in inst- :ments .recorded in Book 226 at Page 58: and in Book 235 at Page 159. C00434f OF °ITBIV, STATE OF cOLmWo 111111 IIIII HIM 11111 111 11111 111111 III 11111 1111 IN 407114 08/08/1997 10:33A RESOLUTI DAVIS SILVI +�v(J 12 3 of 3 R 0.00 0 0.00 N 0.00 PITKINCO COLORADO RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO, REPEALING RESOLUTION NO. 97 4QAND GRANTING 1041 HAZARD REVIEW, RIDGELINE REVIEW, AND CONCEPTUAL SUBMISSION APPROVAL TO THE HOFFMAN/MEYERS PARCEL Resolution No. 97 -47 Rhona Hoffman (hereafter "Applicant ") has applied to the Pitkin County Board of County Commissioners (hereafter "Board's for 1041 Hazard Review, Ridgeline Review, and Conceptual Submission approval to construct a single- family residence. 2. The property is described as Lot 12-A, Shield-0-Terrace Subdivision, and is more particularly described in Exhibit 1. 3. The property contains approximately 3.42 acres and is zoned RS -30. 4. The property is impacted by slopes exceeding 30 %. 5. This application was reviewed by the Planning and Zoning Commission (hereafter "Commission") at a regular meeting on May 20, 1997, and a recommendation of denial was forwarded to the Board. 6. The Board heard this application at its regularly scheduled meeting of July 23, 1997, at which time evidence and testimony were presented with respect to this application. 7. The Board found that development of the subject property is prohibited, pursuant to Section 3- 80.50(C)(2), which prohibits development on slopes of greater than 30 %. The Board voted unanimously to deny the application as evidenced by Resolution No. 97- ZLYattached as Exhibit 2 11111111111111111111111 IN 111111111111111 11111 IN IN 407584 08/25/1997 11:58A RESOLUTI DAVIS SILVI 00 3 1 of 10 R 0.00 D 0.00 N 0.00 PITKINCO COLORADO Resolution No. 97 -ffa Y Page 2 8. Pursuant to Section 4-150 of the Land Use Code, the applicant requested a hearing to determine whether the Board's denial of the application constitutes a taking of private property without just compensation. 9. The Board conducted its takings hearing on July 23, 1997, at which time further evidence and testimony were presented concerning the taking. 10. The Board finds that the previous denial does constitute a taking of all reasonable use and economic return from the subject property, since there is no logical means to provide access to the building envelope without crossing slopes exceeding 30 %. 11. The Board finds that the property is not appropriate for any use other than residential, and the Board does not wish to purchase the property. 12. The Board finds that this application proposes development in the best possible location, given the hazards identified on the property. NOW THEREFORE BE IT RESOLVED by the Pitkin County Board of County Commissioners that it does hereby repeal Resolution No. 97- BE IT FURTHER RESOLVED by the Board that it does hereby grant approval to the Hof & nan /Meyers 1041 Hazard Review, Ridgeline Review, and Conceptual Submission, subject to the following conditions: 1. The applicant shall adhere to all material representations made in the application and in public meetings. 2. Prior to building permit application, the applicant shall record a 24 "x36" mylar 1041 Hazard Review Site Plan which meets the approval of the Community Development Department and the County Attorney. The site plan shall include the following 1041 Hazard Review Warning and Disclaimer; " The provisions of these regulations do not in any way assure or imply that areas outside of designated hazard areas will be free from hazards, or that approved mitigation measures will guarantee the safety of any property." " "A 1111111 III1I 111111111111111 Iilll 1111111 III HIM IIII IN t.,,u1j14 407584 08/25/1997 11:58A RESOLUTI DAVIS SILVI 2 of 10 R 0.00 D 0.00 N 0.00 PITKINCO COLORADO Resolution No. 97 -� v Page 3 The site plan shall also be submitted in a digital format for integration into the County GIS system. 3. The proposed driveway shall meet Pitkin County standards for access drives. The applicant shall obtain an access permit from the County Engineer prior to commencement of construction of the driveway. The access road, "Old Pond Road ", shall be improved to County driveway standards before an access permit will be issued. Any retaining structures associated with the driveway should be indicated; showing proposed height. length, and building material. All cuts and fills associated with the driveway shall be revegetated within one growing season of construction. 4. Building foundations shall be reviewed and certified by a Colorado registered professional engineer. Foundation plans shall be submitted at the time of building permit application. 5. The home should be designed to prevent the accumulation of radon gas. 6. The applicant shall submit a drainage and erosion control plan which meets the approval of the County Engineer, prior to the submittal for a building permit. In addition to addressing permanent drainage and erosion control measures, the plan shall include temporary erosion control measures for construction. 7. The building site shall be revegetated with native vegetation to limit water consumption and additional runoff within one growing season of project completion. All drainage from roofs and paved areas shall be detained on site. 8. No development, including grading or landscaping or vegetation removal shall occur outside of the approved building envelope except as may be necessary to implement the wildfire mitigation measures and the extension of the access driveway. This includes landscaping, well, and septic systems. 9. Prior to issuance of a building permit, the applicant shall provide documentation of an adequate domestic water supply. Quantity and quality of said supply shall meet the approval of the Environmental Health Department. Any wells must meet environmental setback requirements and be within the approved building envelope. 10. The septic system for the development shall meet the approval of the Environmental Health Department. The applicant shall obtain such approval prior to the issuance of a building permit. The sewage disposal system must be located within the building envelope and meet all environmental setback requirements. 11. Outside illumination shall comply with County lighting standards in effect at the time of building permit issuance. All exterior lighting shall be shielded from view of Snowmass Creek Road. There shall be no facade or landscaping lighting on the east side of the house 1 111111 11111 HIM 11111 1111 11111 1111111 III 11111 1111 IN r^ 407584 08/25/1997 11:58A RESOLUTI DAVIS SILVI C fo 3 of 10 R 0.00 0 0.00 N 0.00 PITKINCO COLORADO Resolution No.97-/�D 0 Page 4 12. The applicant shall obtain a fireplace /wood stove permit with Environmental Health Department prior to the issuance of a building permit. 13. The applicant shall implement the following measures to mitigate impacts to wildlife: a. Maintain native vegetation outside of building envelope. b. All garbage shall be contained in wildlife proof garbage containers. c. Any fencing shall be 42" high or less, 4 strand or less with a 12" kickspace between the top two strands. Any rail fencing shall be the round or solid rail type, 42 ", 3 rail or less with at least 18" between two of the rails. d. There shall be a one dog limit with a kennel restriction. The kennel shall be constructed before a certificate of occupancy is issued. When not kenneled all dogs shall be leashed. No dogs on site during construction. 14. The applicant shall comply with the following wildfire mitigation measures: a. The area around the structure shall incorporate landscaping with wildfire defensible space considerations as follows: (NOTE: Actual vegetation manipulation to meet these conditions may not be necessary where the natural vegetation patterns have already fulfilled these conditions.) 1) All brush located downhill from the structures shall be thinned and clumped for a distance of 70 feet. Up slope and to the sides the thinning shall be for 50 feet. Brush, debris, and non - ornamental vegetation shall be removed within a minimum 10 foot perimeter around the remaining sides of structures. In this 10 foot perimeter vegetation shall be maintained at 6 inches or less. 2) Spacing between clumps of brush and vegetation within the defensible space perimeters shall be a minimum of two times the height of the fuel. Maximum diameter of the clumps shall be two times the height of the fuel. All measurements shall be from the edges of the crowns of the fuel. 3) All branches from trees and brush within the defensible space perimeters shall be pruned to a height of 10 feet above the ground and removal of ladder fuels from around trees and brush. Shrubs less than 10 feet in height should have lower limbs removed up to half the total height. 4) Tree crown separation within the defensible space perimeters shall have a minimum of 10 feet between the edges of the crowns. 5) All branches which extend over the roof eaves shall be trimmed and all branches within 15 feet of the chimneys shall be removed. 6) All deadfall within a 100 foot perimeter of all structures shall be removed. 7) A cleared strip for 10 feet shall be maintained on either side of the driveway to create a fuelbreak. 1 111111 11111 111111 11111 1111 11111 1111111 III 11111 1111 1111 c 407584 08/25/1997 11:58A RESOLUTI DAVIS SILVI v v U i U 4 of 10 R 0.00 D 0.00 N 0.00 PITKINCO COLORADO Resolution No. 97 -& Page 5 8) The applicant shall be responsible for the continued maintenance of the defensible space vegetation requirements. b. Structural Design and Construction Requirements: 1) Roof construction shall be metal or class a, noncombustible (no wood shake /shingles) material with no flat roofs. 2) Vents shall be screened with corrosive resistant wire mesh with mesh 1/4 inch maximum. 3) Structures shall be positioned on the western edge of the building envelope, as far from the slope as practicable. 4) Any decks or projections below the roof line extending toward the down slope shall be enclosed by solid vertical walls as per code Section 3 -80.70 C. 4. or be constructed of totally noncombustible building materials. c. The following maintenance measures shall be adhered to: 1) Roofs and gutters shall be kept clear of debris. 2) Yards shall be kept clear of all litter, slash, and flammable debris. 3) All flammable materials or firewood/wood piles shall be stored on a parallel contour a minimum of 15 feet away from any structures 4) Weeds and grasses within the 10 foot perimeter shall be maintained to a height of not more than 6 inches. d. The following miscellaneous measures shall be adhered to: 1) Swimming pools shall be accessible to fire department vehicles. 2) Fences shall be kept clear of brush and debris. 3) Wood fences shall not connect to the structures. 4) Any outbuildings or additional structures shall adhere to the same standards as structures. 5) Fuel tanks shall be installed underground with an approved container. 6) Propane tanks shall be installed according to NFPA standards and on a contour away from the structure with standard defensible space vegetation mitigation around any above- ground tank. Any wood enclosure around the tank shall be constructed with materials approved for two hour fire- resistive construction on the exterior side of the walls. 7) Each structure shall have a minimum of one 10 pound ABC fire extinguisher which shall be placed in each structure in a visible and accessible location. 8) Address shall be clearly marked with 2 inch non - combustible letters and shall be visible and installed on a non - combustible post. 9) The driveway shall be a minimum of 12 feet wide with minimum inside turning radius of 33 feet. The maximum grade should be limited to 12 ° %. 15. As per BOCC Ordinance 496 -19 no building permits will be issued for this property until the Shield -O -Mesa and/or Shield -O- Terrace roads (as appropriate) are improved to be in compliance with the standards set out in Ordinance 496 -19. Prior to issuance of a building permit the applicant shall show evidence of having joined a road improvement association or 111111111111 HIM 11111111111111111111111111111 HIM 11111111 407584 08/25/1997 11:58A RESOLUTI DAVIS SILVI U }' 5 of 10 R 0.00 D 0.00 N 0.00 PITKINCO COLORADO Resolution No. 97 -4� ce Page 6 improvement district and paid a prorata share of assessments for necessary improvements required by Ordinance# 96 -19. 16. All new utility service lines extensions shall be buried within existing roads and driveway. 17. No reflective glass or roof materials will be allowed. Exterior building materials and colors should blend with the natural environment. 18. In the case of development on slopes greater than 15 %, design and development shall be based on a detailed site analysis, including geologic and engineering studies to identify the best development area based on the following considerations: a. Adequate mechanical support shall be provided for cut slopes. b. Adding water which may decrease slope stability shall be avoided. c. Adding weight to the top of the slope shall be avoided. d. disturbed slopes must be contoured so they can be revegetated. e. Steepening of existing slopes shall be avoided. f. Confine cuts, fills, grading, and excavation to the minimum area needed for construction. APPROVED AND ADOPTED ON THE 23rd DAY OF JULY, 1997. Jones, Deputy C¢Vhty Clerk APPROVED AS TO CONTENT: 1.5 97 Cindy Houben Community Development Director P41 -95 2645 -224 -00 -010 cases/hoffmres.doc Jvlli BOARD OF COUNTY COMMISSIONERS, PITKIN COUNTY, COLO O By Bill Tuite, Chairman APPROVED AS TO FORM: John EI , �ttorney 111111111111 HIM 11111 IIII 407884 08/25/1997 11:8811 RESOLUTI DAVIS SILVI 6 of 10 R 0.00 0 0.00 N 0.00 PITKINCO CO1-ORAD0 .071- 1L 1997 13:31 37@9274813 THECDOFE C BUY ASSOC: =AGE as Exhibit i LX 12 -A, 51"EI.n -0- TERRA=. more Particularly described as .allows: A tTaLct of and in Lots 1 and 3, Section 22, Tcwnshmp 9 South, lance B6 West of the 6th Principal Meridian, more Particularly described °ollawa: WGINNING at a point being 1 -398.14 feet Nort:i 22 °COj East frog the South Quarter Corner of Seeeion 22, Town=ship 9 South. Range 96 West of the 6th Principal. Meridian.; Thence Aorth 85 °0E' East 184.37 feet; Thence North 45 4 04' Pant 70.54 fast; Thence North 36 Bast s 98 .77.feet; Thence North 37 6 14' Sast 90.82 feet: :2eserviag a 30 foot right of way and utility easement on the Soitherly and 3asterly side of the above described four courses; Theucs South 53 03C' 2ast 350.=•0 feet Thence South 38.03' West 593.88 feet; Thence North 64 0 37' wen= 115.0 feet; Thence North 77 0 067 West 155.16 roue; Reserving a 15 foot utility easement on the Northerly and Eastarly aides of the above deec -_bed last two courses; Thence North 12 0 40' East 60.55 lest; Reserving a 3C toot right of way and utility easement on tha East & -ly side of the above described course, to the Point cf Eegini ng. TOOE MM with a right of way for ingress and egress to and fro m road .along presently constructed roadway, as granted in _nstruments recor3ad in Book 228 at Page 580 and in Book 235 at Page 159. coCN:Y OF PIT=*=, STATE OF COLORACC 111111111111111111 II11111111111111111111 III 11111 IN IN 407884 08/23/1997 11:58A RESOLUTI DAVIS SILVI 7 of 10 R 0.00 D 0.00 N 0.00 PITKINCO COLORADO 11111111111 111111111111111111111111111 III 11111 IT IN J. 407114 08/08/1997 10:33A RESOLUTI DAVIS SILVI 3 of 3 R 0.00 D 0.00 N 0.00 PITKINCO COLORADO 0712 X1111 I8I IIIIY I: RE OLU I III D AV I S IIVI VI _ 407114 08/08/ 10:33p RESOLUTI DAMS SILVI EXHIBIT '�, 1 of 3 R 0.0 0.00 N 0.00 PITKINCO COLORADO RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITION COUNTY, COLORADO, DENYING 1041 HAZARD REVIEW AND CONCEPTUAL SUBMISSION TO THE HOFFMAN/MEYERS PARCEL, Resolution No. 97 -_L 1. Rhona Hoffman (hereafter "Applicant's has applied to the Pitkin County Board of County Commissioners (hereafter "Board's for approval to construct a single - family residence. 2. The property is described as Lot 12 -A Shield -O- Terrace Subdivision, and is more particularly described in Exhibit 1. The property contains approximately 3.42 acres and is zoned RS -30. 4. This application was reviewed by the Planning and Zoning Commission (hereafter "Commission's at a regular meeting on May 20, 1997, and a recommendation of denial was forwarded to the Board 5. The Board heard this application at its regularly scheduled meeting of July 23, 1997, at which time evidence and testimony were presented with respect to this application. 6. The Board finds that the parcel is encumbered by slopes in excess of 30 %, and that slopes in excess of 30% would have to be crossed to provide an access driveway. 7. The Board finds that development of the subject property is prohibited, pursuant to Section 3 -80.50 C. 2. of the Land Use Code, which prohibits development on slopes of greater than 30 %. NOW THEREFORE BE IT RESOLVED by the Pitkin County Board of County Commissioners that it does hereby deny the Hoffman/Meyers 1041 Hazard Review and Conceptual Submission. 11111111111111111111111111111111111111111111111 I III IN II 407584 08/25/1997 11:58P RESOLUTI DAVIS SILVI �o LS S2 0 8 of 10 R 0.00 D 0.00 N 0.00 PITKINCO COLORADO Resolution No. 97- A/ y 1 111111 11111 111111 11111 11191111 111111 III 11111 1111 1111 Page 407114 08/08/19.57 10: RESOLUTI DAVIS SILVI 2 of 3 R 0.00 D 0.00 N 0.00 PITKINCO COLORADO DENIED on the 23rd day of July, 1997. BOARD OF COUNTY COMMISSIONERS, PTTKIN COUNTY, COLORADO By Jones, Deputy County Clerk APPROVED AS TO CONTENT: APPROVED AS TO FORM: 7 - 16 - 7 7 Cindy Houben Community Development Director P41 -95 PID #2645- 224 -00 -010 cases/hofresdn.doc John IIy Count omey 111111111111 HIM 111111111111111111111111 HIM IN IN 407584 08/25/1997 11:58A RESOLUTI DAVIS SILVI 9 of 10 R 0.00 D 0.00 N 0.00 PITKINCO COLORADO Exhibit i _ �� d3 :,ZT 11 -A, SHI£I.D- O- TEIiR1lCW, mor• particularly described as .ellows: A traLct of land in Lots 1 and 3, Section 22, Township 3 South, tease 8ti West Of the 5th Principal Meridian, more Particularly described fall-we. 3XG:=1KG at a point being _398.14 feet Vorth 22 East from the Scut, Quarter Corner of Section 2Z, Principal Meridian; wr Toship 9 South. 3ange 96 West of the 6th Thence Worth: 85 °OE' Bast 184.7 feet; Thence North 45 ° 04' p 70.S4 feet; Thence North 36 0 04' Bast Z98.77 feet Thence North 37°14 fast 90.82 :net: and Res e r ving a 30 loot right of way and utility easement on the Soltherly and eve described four courses; Thence South 53 0 3C' Bast 350.00 feet; Thence South 58.03' 'West 593.88 feet; Thence North 64 °37 Ness 115.0 feet; Thence North 77 0 06' West 155.16 Lee:; Reserving a 15 toot utility easement on the Nor7herly and Easterly ei.es of the above described last two Courses; Thence North 22 0 40' East 60.55 Zest; Reserving a 30 toot ricut of way aide of and utility eaae on the Easte:'_ ; the above d escribed course, to =he point ci TOOS with a right of way for ingress and egress zo and prom road v ,along present_ Constructed roadway, as granted 1n irs�r:ments recor�nd in gook 226 at 'Page 580 end in Book 235 at page 159. CAQN:^ -r OF ?ITICIV, STATE OF COLORADO 111111111111111111111111111III1I1111111 Ili 111111III IN 407584 08/28/1987 11:58A RESOLUTI DAVIS SILVI 10 of 10 R 0.00 D 0.00 N 0.00 PITKINCO COLORADO 1 111111 11111 111111 1111111111 II111 111111 III 11111 1111 IN ^ 407114 08/08/1997 10:33A RESOLUTI DAVIS SILVI 0J v` i 2 3 of 3 R 0.00 0 0.00 N 0.00 PITKINCO COLORADO r 0 � ujj 3 uJUG WILLIAM B. MEYERS EXTENSION OF VESTED RIGHTS William B. Meyers, Owner Lot 12A, Shield -O- Terrace Subdivision May 24, 2000 Prepared by: John B. Young Consultant Services 0 William B. Meyers Extension of Vested Rights Lot 12A, Shield -O- Terrace Subdivision Snowmass, CO 81654 Submitted to: Mr. Brian McNellis, Planner Pitkin County Community Development Office 130 S. Galena Street Aspen, Colorado 81611 Applicant: William "Buddy" Meyers 158 West Erie Chicago, IL 60610 (312) 787 -1995 (Office) (847) 831 -4808 (Home) Applicants' Representative and Preparation by: Mr. John B. Young John B. Young Consultant Services 0095 Light Hill Road Snowmass, Colorado 81654 (970) 927 -4252 (970) 927 -3153 (FAX) ,�1 l ( -\ /, �. UUt t02 i; 311 ,� -_ 33 34 \ - i\ \ 5 \` �-,.\\ �~ - "� If 4 3 2 O . 2 14 r 7 10 "A LOT 12 A SHIELD-O-TERRACE Ste_ 1 1 l ,� - -_ _ - � � F 3� -_ _- _ - "e.- _- -- 14 nj 23 x R ouuuL 5 AEYES LO ,r iA w r r r w .r r r r w w r r �.1JvU� ow *I I 1 � a It lk 1 e o, ° 10 \ .N ° !$ la e b � e W a l ;aliillili lilll �' ' ' -°O.. 1.00010 i000 NAN OUL'M z - -- � -_- _� ~•* 2 pig !` ] \ & z » � ~, ` • ~ | - j . ! (�� \ li ,® TABLE OF CONTENTS I. Introduction A. Land Use Application Form B. Letter of Introduction from John B. Young C. Description of Application H. Section 4- 140.30 Extension of Vvested Rights ILLUSTRATIONS 1. Vicinity Map with a Copy of the Site Plan 2. Plat Map APPENDIX r Exhibit 1. Pre - Application Summary Exhibit 2. Proof of Ownership and Representatives Authorization Exhibit 3. List of Adjacent Owners Exhibit 4. Agreement for Payment of Development Application Fees Exhibit 5. Resolution No. 97 -142 Resolution Denying the 1041 Hazard Review for the Hoffman/Meyers Parcel Exhibit 6. Resolution No. 97 -142 Granting 1041 Hazard Review/Ridgeline Review and Conceptual Submission Approval to the Hoffman/Meyers Parcel Exhibit 7. Letter from Schmeuser, Gordon Meyer dated January 15, 1997, regarding the Proposed Building Envelope and Driveway Configuration ((''fi� {��n� 00002 y PITKIN COUNTY LAND USE APPLICATION FORM OWNER'S NAME: William B. Meyers ADDRESS: 158 W. Erie Chicago IL 60610 (312) 787 -1995 (Office) (847) 831 -4808 (Home) REPRESENTATIVE'S NAME: Mr. John B. Young ADDRESS: 0095 Light Hill Road Snowmass, Colorado 81654 PHONE: (970) 927 -4252 (970) 927 -3153 (FAX) PROJECT NAME: Meyers Extension of Vested Rights PROJECT LOCATION: Five miles from Snowmass Creek/Capitol Creek Road intersection on Snowmass Creek Road. PARCEL ID NUMBER: 2645- 224 -00 -010 Lot 12A, Shield -O- Terrace Subdivision Snowmass CO 81654 LOT SIZE: 3.42 Acres PRESENT ZONING: RS -30 EXISTING USES: Vacant Land PROPOSED USES: Single - Family Home DESCRIPTION OF THE PROPOSAL: Extension of previously granted 1041 and General Submission rights for a single - family homesite. To be completed by the Planning Office: Type of Application EDU (701 -1500 s.f.) Caretaker Dwelling Unit (700 st or less) Other Dwelling Unit (R -6 or R -15 zone district) X 1041 Env. Hazard Review Subdivision Review Rezoring Other: livUUG9 General Submission Scenic Overlay Special Review Subdivision Exemption GMQS Exemption Planned Unit Development JOHN R YOUNG CONSULTANT SERVICES " 0095 LIGHT HILL ROAD �. SNOWMASS, COLORADO 81654 (303) 927 -4252 (HOME AND WO RK) May 23, 2000 Mr. Brian McNellis, Planner �. Pitkin County Community Development 130 S. Galena Street a Aspen, Colorado 81611 Dear Brian, Enclosed please find the information requested for the Extension of 1041 Hazard Review rights - for the Meyers home. Included for your review are: ® 1. The original pre - application conference summary. 2. A letter of authorization for representation from the owner. 3. A copy of the general warranty deed and title insurance policy. 4. Ten (10) copies of the text and maps for staff and referral agency use. 5. Text prepared by the applicants' representative addressing the 1041 Extension of Vested Rights section of the Code. 6. A description of the proposed development. If there is any other information required by you, please do not hesitate to ask. I will make myself available to meet with you, the Planning Director, or the County Attorney, at your convenience if you feel it is necessary. Sincerely, John B. Young Authorized Agent for William B. Meyers �► UvIjju0 ed I. INTRODUCTION I Description of the Proposed Development: .. The applicant is requesting permission to extend the vested rights on Shield -O- Terrace �. Subdivision, Lot 12A, for the purpose of constructing a single - family home on a 3.42 acre parcel of land. Site Vicinity and Characteristics The site is located five miles from Capitol Creek Road and Snowmass Creek Road intersection. The site is bounded by private lands. Utilities to the site are provided with water being supplied by well and sewage being handled by a septic system. The lot is accessed by the Shield -O -Mesa Road and by Old Pond Way. II. Section 4- 140.30 Extension of Vested Rights A. The applicants compliance with any conditions requiring performance prior to the date of the application for Extension of Vested Rights. All of the conditions requiring performance on the lot were to be addressed prior to the issuance of a building permit. Given that no building permit has been issued, none of the conditions have been triggered at this time. B. 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. The applicant has been saving for the eventual construction of the home and therefore has spent little on the actual property. The applicant is now ready to fund the construction of the home and therefore wishes to proceed by first (1) getting the extension oof vested Page 1 of 3 U0 031 ED ., rights, and (2) shortly thereafter, applying for the building permit, which would trigger all of the conditions. C. The nature and extent of any benefits already received by the County as a result of the - project approvals such as impact fees or land dedications. There were no impact fees or land dedications required with the original approval therefore this is not applicable. However, the applicant has continued to pay property tax - and is in good standing with the county. D. The needs of the County and the applicant that would be served by the approval of the extension request. Obviously, the applicant needs the extension of vested rights in order to proceed with the — construction of the aforementioned approved home. The county would benefit by virtue of the completion of the home in that the property tax evaluation would significantly increase. E. An extension 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 granted any such extension. y The applicant understands that any additional requirements that have been passed by Pitkin County within the three years would apply to the extension of vested rights. In addition, the applicant re- affirms that all original conditions shall be met by the applicant W prior to issuance of a building permit. r MEYERSextjby u u 0 U Page 2 of 3 v (l Cl /1 r CUClu� LIST OF APPENDICES Exhibit 1. Pre - Application Summary Exhibit 2. Proof of Ownership and Representatives Authorization Exhibit 3. List of Adjacent Owners Exhibit 4. Agreement for Payment of Development Application Fees Exhibit 5. Resolution No. 97 -142 Resolution Denying the 1041 Hazard Review for the Hoffman/Meyers Parcel Exhibit 6. Resolution No. 97 -142 Granting 1041 Hazard Review/Ridgeline Review and Conceptual Submission Approval to the Hoffman/Meyers Parcel Exhibit 7. Letter from Schmeuser, Gordon Meyer dated January 15, 1997, regarding the Proposed Building Envelope and Driveway Configuration APR -12 -2000 WED 02:11 PM FM W. PITKIN COUNTY PRE - APPLICATION CONFERENCE, SUMMARY PLANNER: LOCATION: REPRESENTATIVE- OWNER/ APPLICANT: BrianMCNcIlis DATE: April 12,2000 Lot 12 -A Shield 0 Terrace Subdivision John Young William Mayers Plhorc: 927 -4252 1. Type of Application: Lxtension of Vested Rights 2. Description of Project/Development! The Applicant is requesting an Extension of Vested Rights for the HolFinan/Moyers 1041 Hazard Review granted by the BOCC on July 23, 1997. 3. Areas in which Applicant has been requested to respond, types of reports: Land Ilse 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 heating and shall mail notice to all adjacent property owners at least 30 days prior to the heating with tho return address of the Community Development Department (copy of 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 appeared no more than 60 days prior to the date of the public hearing. 6. Wtil be referred to: Attorney, Zoning Engineer, Shield 0 Terrace Hotneownei s Association. 7. What fee was the applicant requested to submit: Planning Office 51110 (Deposit) Clerk $110 Total $1220 The following agencies will be billed on the final bill at a rate of $65 per hour: e Engineer �;,,, U „ J' uJ�J P. 02i UJ APR -12 -2000 ZD 02t12 PM FAX N0. 8, To apply, please submit 10 copies of the following information (unless note otherwise); " • Letter of request (application) addressing the Code Section listed above, and summarizing the 1041 hazard mitigation; • Approved Site Plan; • Prior approvals (ic. rosolutions); Proof of ownership (from title company or attorney licensed in the State of Colorado); • Parcel description, including legal description and vicinity map, • Application fee; • Copy of this pre - application form (I copy); • List of all adjacent p-operty owners (1 copy); Consent from owner(s) to process application and authorizing the representative (one copy if applicable); • Signed fee agreement (two copies). R PLEASE, NOTE.- This pre- applicatior, conference summary sheet is advisory in nattwe and not binding on the County. The information provided in this summary is based on current zoning standards and staI s interpretations based upon representation of the applicant. Additional information may be required upon a complete review of the application. UUU30 e. ua/tu WILLIAM BUDDY MEYERS & ASSOCIATES ATTORNEY`: AT LAW 158 WEST ERIE STREET CHICAGO, IWNOiS 6061C WILLIAM BUDDY MEYERS, LTD. TELEPHONE ;312) 787 -1986 • FACSIMILE ;3'21 7197 -1e33 MU WEST BELMCNT MATTHEW J. BELCHER MICHAEL A. KOSNER TELEPHONE ( 7 73 1 227900 Mr, John B: Young 0095 Lighthill Road Snowmass, CO 31654 April 11.3000 pear Jonn: As the Owner of Got :_ Ain Shield -O- Terrace subdivision in Snowmass. Colorado, I hereby authorize you to represent me in my attempt to obtain an extension of vested rights associatcd with a previously obtained 1041 review, on my lot, with Pitkin County Please keep me appraised of the progress of my application and any significant actions taken by the County, Sincerely, , ,William B:; Meyers. Owner 0 Owner's Policy of Title Insurance Fidelity National tale Insurance Company Poucy Number ..., A Stock Comm 1312- 86731 OWNER'S POLICY OF TITLE INSURANCE SUBIECT TO TH£ £XCLUS/ONS FROM COVERAGE THE EXCEPT70NS PROMCOVERAGE CONTAINED IN SCHEDULE - BAND THE CONDITIONS AND STIPULATIONS, FIDELITY NATIONAL 77TLE INSURANCE COMPANY, a corporation. _ . herein called the Co`hepany, ensures, as of Dole of policy shown in Schedule A. against low or damage, not exclCding the Amount of Insurance stated to Scheduie A. suslairterl or incurred by the insured by reason of: 1. Title to the estate or interest described in Schedule A being vested other than as stared herein, 2. Any defect in or lien or encumbrance con the rule; 3 Unmarkerabilrty of the title; 4. Lack of a right of access to and from the land. The Cumpam' will also pay the costs. aaomm' fees and expenses incurred in defense of the title, as insured, bur onh to the extent provided in the Conditions and Stipulations. IN u'7TNESS u'HEREOr. FIDELITY NATIONAL TITLE INSURANCE COMPANY has caused this pollcv to be Signed and ._, sealed by its duly authorized officers as of Dare of Policy shown in Schedule A. Countersigned: u• N. Authorized Si=wtlue -- � -7 Fidelity National Title Insurance Company Sr Te r— SEAL .� �T`t!3T r 1 3ecstrry ALTA Owners Policy (10- 17 -02) FNTIC Form No. 1312 (6/91) £ d ££9t LSL Lt£ SM31.3h 8 WI llOdA hdV9'l 0002 -8t -7 see sew 6 OPTIONS TO PAY OR OTVDUny 8 Sri.—, CLAd1S; T87tMMTION OF LL4BILiTY in cam of a claim under Nis policy. do Company Shall have she Wowing 261- Lwow epticro: , (a) To Pay er Tender Payment of the Amam or lawnoee. ins Pay or teener payment of the aueuoum of irruona vodei Nb pp00 lacy tagaher web any Cont. inOMyx' fine am expanding lMcurri d by the w inred tZaida. which were audsonrd by the Company. up m the item of payment or bidder of payment and which the Company is oblipted w y. Upon the exercise by me Creativity of Site tips,", aB li.Wky and Wages. to the found Dodo this poliacyy, other than m nuke the paymem required, shall terminate, mcludmg any hadlifty or Obligation to do prnsscvw. or miumw my litigation, end the policy shall be aurrerdeted to she Company for tlocintimL (b) To Pay or Osharwhe Satin With Paelga Other than hie Ignored Or With use annoad Claims. (2) to pay or othawgm amt$ with dhler panne for or in the taro of m uggcd Clermont any claim found agent under this policy. together wish may coeu. nl- tomoys' feet and "P U marred by the mwrd daumm which wore aweuued by the Company up to the time of payment and which tin Company is obliged to pay; or (it) m pay or Otherwise Unit with the mound daimait do lose or damage pro- vided for under this policy, �mgnd�uar wish my eau, asrroys' aU and eaphan igwrmd by t insured c6iaam which were ambodmd by the Company up a the lime of payment ad which me Company a obligated as pay. U poe she exaCae by hie ConpryofeiAer ofdeopbpaprondd faroPar��p�y (b)(1) or (l). as Campmy's obhpm tfo m the Wanted cedar thin pods y nw d. claimed IaS or detmge. dhm t the payments required to be me&. doll ter. mime. i oI ing any lability or pbtigwon m defend. promote or comisne any litigation. T. DETERhMATiON. EXTENT Of LLABILITY AND COLNSURANCE This policy is a amract of Inclement? agar actual monetary Ins a elandye sustained or incurred by the Imlmed ciaumnt who its suffered logo or damage: dy meow of Moore crumd agar d m m m =by tis policy a only e exa Oetem daaribed. (a) The liability of the Company order Na policy Mail not geCad the ear of: (I) she Amount of infuriate gad In Schisdide A; Or, (il) the difference between the value of thin ignored ewta or ira'at se insisted and the ram of this named estate or ImVta mb)aet in tae defter, lien of wam- brnne insured again by this policy. (b) [n the even the Amount of !amnion maed in Sdndnle A at hit Dee of Policy it less than 80 percent of the valm of de imund awn or interest or the full Consideration for the auto or intended, wiictever is long, or if suha epsom W the Dot Of Policy m improvement is ereCm . on the ad which inmates the value of the insured e stme or imerest by at loan 20 percent over the Amount of Insurance stood in Schedule A, then this Policy is subject m this following: (h) when no subsequent improvement hu been grde, u to any patial lens, the Company stall only pay the logo pro m in ass that the a m of imne.ras at Dan of Potky bas m dgo roof ram w elk euau or inmen a Dare of Policy; or 00 where a subsquuml improvement has been made. a to my partial Idea. the Company mall daily pay the loo =too ft the proportion that 120 t of the Aram big of Imm Sued m SeMdre A basis to the am of the, Amount of Insurance stated ins Sdso ule A and the amonm expendd for the i as �� panic � which the Company � policy, rhd 1 only apply to that portion of soy tan whirl, used&, m the aggnaue. to palm of the Amount of Insurance enamel In Sebdua A. to) The Company will pay only ranee cats, saamryi feU ad expeam mcvne l in accordance with Saetton 4 of dam Candidates and 39pYatiom. a. APPORTIONMENT If hie Will dencribad In Schedule A Samna of ewe or more pmeds which an not and as a single she, and a tag is established affecting one Or of the pirceb bw tat all, the lots seal he eotnpmed and wired on a pro sin bags an if the a tan of Insurance under wt$ Pricy was divided pro m a in the vdu, On I>.m of Polio of each separate pared in the whole. ededive of any improvnegrs mad, noun, went to Dery of Policy, meu a lubi of value has othatwix been agreed upon a in each parcc by the Company ad the found a the rime of the tanono of this Policy and shown by an express wntmog m by an ador"note t Madw to des polity, 9. LEWITATION OF I.'ABiLITY (a) If she Company atabhnes hie tae. or removal the alleged defect, lint or saundioncg, a antis hie lack of a right of eacese m or from the Lad, or arses She claim of urunrkVAbility of tide or athersrse OMMi$laa the Into of the Murd mortgage, all as usual, in a ralooaNy daigma tmma by my exrhad iatmmg ntiamon and the srgplajon of any appeals therefrom, it efri hung tally psafvetmed m dbltgavobs with respect to thin matter and eheR as be fable for my IdU of damage Ca ow thereby. die Compirry s Comm, the Company swell nave m for Ion donne awl them bas ben a final dome mmmm by a coat of mmpsemt )miSdgim. and disposition of ell appeYt the d om, adverae to the, mis u iosrmd. (C) The COMM tai tat be iLMe rte long or NmaSe to any ieesred for OaWBry volumariiy laumd by the insured to sl filet; my Clan of suit wiNotg the prior written aemtm of hie Company. I0. DEDUCTION Of OMRANCR- REDUC WN OR T' WATRRS OF LIAEQIfY AB paymaia uMa Nor policy, Aampa paymeaa male foram. monayrs' hem and CaprnUs. shag educe the mmom of the moraooe Pao owes. It. LLIBDM NOfw.tP.NULATlVB B a eapnAab' alderatood thin the aommr of mmrww under tha policy shalt be reduced by my amount can Company may pay under soy icy' brw r nns a ma tpp so whkeb c mgmwn b teem m scmdaa B or m whirl iemrrd bn agreed. mamm" or mkm subject. of welch Is hareaf er "SCOW by an Council ud which id a or Ilea on the Stater or imera described or rafiered to in Schedule A. earl tb smaoe an purl shed be fixated a payme undtr this policy to the pound Owner 12. PAYIhOI.NT OF LASH (a) No payment shel be rude without produdi g this policy for dadeiiernew of die Payment unixa the policy has been Iat a d4obwlW, in which oar proof of mss or destruction shelf be hummed m me adaAeuen of the CmWrety. (b) WIta liability ad the extant of tau or dbmge an been definitely fixed In acomdveewvA Nee Cordhma oaf Stipulations, the has or damage sMtl be payable warms, 30 days thereafter. 13• SEWROOATTON UPON PAYb1ENT OR SETTLEMENT (■) Do Campaty'a Right of Sabroptim Whenevor the Compaq Nell lave sealed aid paid a Claim under this policy. nll of romigstMo mail vat in the Company Undlecud am by my of the in- w �Coingany shell be aubrogned to and be model an an right$ and retesting which the Insured claiming would he" had against soy pension or property in rem to She chalm bad thb poolwwyy not ban wwd. If summand by the Company, hie m• weed dam" Null =in to the CoatpnY7 nil rights and reenathse agaut any person or propol) monetary id order m perfect this right of wbrogwe i. The in. owed Claiming shall parents do Cotipaq to am. Compromise or sale in do mama of the iced dainum ad m um the Mora or the "sew Climate: in any innru• tan or litigam involving these rfslm or nnadion. If a payment One wed" of a maim dos nor My Oliva the dos of the insured currents, tla Company ma be attempted in these rights ael remedies in the pro - PDldm las abmuld Fouls it= a m of f a the uwrad calrmm. warn eel &be". C If hat act "I not void Nis policy. ben the Company, in that men, stall be required to pa only that pat of any base inured agnlm by the policy winch Strait exeetd the amount, if am, bat a the Company by row, of the impairment by the insured CWLM t of the company '�s� rigor of subwptta. (lit The Company's Rhpm Against Nota*wwW ObIlgam The Company's nsic of tnbrogatson &gears wt$ -imued obligors shall exist am sbNl ihNude, without imheaod do rights of the inatred to irdvnow", guaranties, other petition of !Monaco or bonds, norwudrondiug airy tam, w conduction on, totaled in ,box =um mu which provide for subrogation "am by sawn of this policy, 14. AssnVATION Union probibetall by gad ZDlW400 peat--- to We Title luuraoe Arbitration Rain of de Ammenc n Arbitration Association. Arbitrable nattere may include, but an not limited m, my omhnuversy or maim betwur. hie Caspmy eel the immed arising oa of or rearing to shit polity any service of th, Cum moy a dgaaatgn with its rahanee or the breach of a paltry provision o ageer dgation All arbitrable mason won she Ammmg of Imum m is 21. 000,000 or lea stall be arbibramd a the option of either the Company m t hundred, NI arbivabie reopen when dit Amour of Imnrma is in ease of 31.000,t100 shell be arbaramd only when *grad m by bah h Coto- PatY ad the named Arbitration Manor in this policy and under the Rub to paint a amt in award atorai ys' no to a providing party. lodgment upon use award tendered by hie Arbhrraor(s) maybe antaed a any came having jurisdiedo t tI f The low of hie aims of the and mail apply a an arburadon tender the Tide lo- wranee Arbitration Rub. A dopy of diet Ridge nay be obtained from the Company upon resident. 15 . LIAMnrry LPafgag) TOT= POLICY' POLICY ENn)FIE CONLRACT (a) nb paiCy mgobu wed ell amra them itery wachd heoeo ley this Cam• piny Is the wave policy and ®t rx between tae ivaucad and roe Company. It marinading my provision of this Polley, this policy Nell be oommued a a whole (b) Any claim of loo or aamye, odar or bat bsed on ri gligeea, need which e em ars out of the u of hi w e tide a the snabi a iaa covered hasty or b) PAY action asaadag inch tan. dun be remtdtl in Nis ppeeley. (0) No mamthmm of or aodoraeoam w side policy m be node CROW by a writing endorsed a gmrlicd hens liVO by aNar the PeaidmL a Via Preeidara, tho Swraay, an Asbtao Sem o vesidpdag offiosr r anbutmC swumly of the cap". Iii. SIVERABnaY In the event say provision Of tie policy is held mvNld or uncedin abfo under "he" law, Nor polity shall be dented rem to include this provision ad alt other proviNma e1Wl imam in full fora mud effect. 17. NOT'ICEB, WMU SIM AB mej ex cojtihd to be Yvm the and samba WAY moment in writing w �usUd m be fa&dwd the CompaMy shell - the of this policy and eLW ba sddromd to the Cmgary a: Fidelity National TW bactrance Company National Claims Admidsaadon 17911 Von Farman Avenue, Suite 300 Irvine, CA 9761446253 1n C n u%jcuj 9'd E£91 L8L Z1£ S2f3.),3W 8 WdIT1IM WOhA Wd95' L OOEZ -81 -7 r ws ,r The followhg Mom Ant as 00, adaded from the co W of Ihts pgty and elan Compry will sell any n or damatr, was. asmaayr fees a mpeatts which sense by ruson of: I. (a) Ay low. oMbaeen at g rershi al ropletfa dsdadleg bet pot b lad to bolid't and mist bM adi0000a, or mfalal000) rtMrictim r�lat�sg poYhhiog or mincing to (d than necessary, ass or skWoo oo of the land; M w r ckuw , dimemisee of WW AN d M Imaewmat now a hewffer dueled is flee Mid; (f10 a uparslion in mepaldp or ■ charye is the dlmnisiun a art of the land a oy petal of wtleh W loop is or nor a pig a (re) pmmpmaW prowim or fee elect of any vlolabm of them IM, erdismos of g - haw mguWlnna, noes to the menu that a notice at the eafaruaent theasf er ■ sesea of a deficit, Ike or emambmmse resulting when a vipitlbn or Wend visio fiffeGYt so ion hall boa reaeda ht the PBWk rNOS at Date of Polity: m) Am govems W police power to adadna by (u ■bma aecept o she aunt dust a take of the meeltse Owed or a Rocks of a ddasa hem or acnmbaea waterlog from a notation or alleged violation affecting the lead has base neonate' do pRbkc IKM at Dote Of FWM, 2 Rights of Amount domain miens notLL'a of the sciences thereof bas base reeceded It the pahlte mash at Dow d Polity, ON not tneladltg troW Contra" any rakhg which has aearred prior to Due d Miry, which world be binding oo Ike dO" of ■ pmchavat May who wassail knpwldgp ). Defeem time, totembrsma, advpw claim a mbar stations (a) created, suffered, seemed er Raised to by IM im ed daimM lb) sot knows to an CAmpm. set recorded in pow While taords at Dote of Policy, bltt Imax to one LNWM caim of oaf sot disclosed ' wrntet to the Cease. by t h e Iasi claimant prior as th dam we insured ekhaAua beano au Insured make rill pgtyt (c) vomiting is no bed or damp to the tamed cwata4 (d) ringing or acted sobs oral he taw of MIM or let resulting is tom or domete which mild soy been town afuhW it the Insured dahmed had paid value for Ike nalow a Interest loured by Ws policy. 4, Any claim which area out at the tra ad m writing in the Insured tha 4M" Or interest' by ahk polity, by mom of the operation of federal bankruptcy, agate hrolveacy. or similar coati rights few, that Is booed elm f) the tnaa dlo n s wang the oust a lofaut'surd by this policy bang deems a fraudulent mapsue t fmulmkvt tmuter, ec (4) The transaction creating Intestate Or internal IDlYfro by this policy being dMmd a PMkf4" tFiNW O apt wham the pedannd tmelet reancts f rom the fa ssue (a) to timely record an huwws"t Of transfer. or (b) of arch reeadaies m impart Retire so a purchaser for value a a jedg.aaT a son weddor. CONDITIONS AND STIPULATIONS I. DEFINITION OF TERMS The following tams wban used to this polip rnram (a) " ", tin insured ramet m Schedule A. &Ad, subject to try nights a linemen the Compan would have lad Against the and Insured, those, eta suc- coed ro the Inmrelt Of the untied Immred by oplindkm Of law see diSditptcha front purchase: including, beat na limited to, been. distriaees. den-lam, survivors. pr• venal rep esenuctives, neat of kin, a eorporae a fiduciary - acaecn. (b) "insured claimant ": sin insured clabublg lose or damage. (c) "knowledge" or "known assns knowledge. not con ru iw knowledge or notice width may oc imputed to an insured by rasa of me public records as defrtmi in this policy or any other records which import mturructhve mice of mrt- ters affecting the land. (d) "land": she led described or referred to in Schedule A. and sea rp�n afflaed tMocre which y Law sout reel preparey. The wan " door tat include any propny beyond the how of the area described a referred w in Schedule A, nor say right, tine, marreal, saw or Rosenstein shoeing roan, roods. avenues, alleys. lanes. ways a waterways, but nondng herein snail modify or limit the ennt to which a right of access to and from the land is Insured by this policy me) "mong age min ejfsr, dad of trust, trust deed, an other unaby uknnnar. ,f) "public reccrds records combined under tune rutuws aT Dole of Policy for the purpose of imprtfng corennanre =I= of matters nlatnlg to seal ptopeny to purchasers for value std without knowledge. with respec a SeetmR Ilaxiv) of the fsacimon From Coverage, "public records" nail a W axi aviroomm- rat prmeaien lima filed in the twords of the Work of the United Susie owner corer for the district in which din Ian is IocaTed. W "usmarkeablldy of she site m alleged or apparent maser affecting the title to time lend, act ecclu0ed or eaceptd from coverage, which wou:d cUlle a purchaser of The carom or mom described in Schedule A to be =[eased from the obligation to purchase oy vmm of a ocntraOttatl condition inquiring the delivery of marketable one 2. CONTINUATION OF INSURANCE AFTER CONMAWE OF TITLE The coverage of this poi,ey $N:l Dooms in force As of Due of Policy in favor of in inured only so long as the inured sure Au sauu or interest in the land or hn(ds an indebtedness snored by a purchase n in y mortgage grvem ey a pur- chaser from the insured. or oruy so long u la insured shall have liabfiity by resas of consain¢ of warratav Food. by the msured in any Iranefa or cawyahce of the puce or internal. This pokey (hell not mdinur In force in favor of any pur- ebasr from ft insisted of either (i) m ecfate or interest in to* ked, or (it) m to- deatadnma seemed by a purchase money reengage #two m the maured J. NOTICE OF CLAIM TO SE GIVEN BY INSURED CI.ADaIAN'T The neurad shall notify the Company promptly on writing (i) In case of airy htrpa- mon as set forth in Section 4(a) below, (ii) to eat knowledge shall come to sn la- sumd hermader of my claim of tine or interest which is Adverse to the title to the e,ustt or interest, as enured, and which might cane less a damage for which the Company may he liable by venue of this policy, or (iii) if title an Ne row or in. worst. a Insured, is rejected a unmarketable. If MOM notice shell not be given to the Company, then a to Ne Insured all lability of the Company sholl tetmsmn: wmw regard to the mater a mutters for which protrspt once is required; provided, boweva, that failure m notify the Cer stall in o case preprdice the rights of soy Instead under this Polly unions the Company mul be prejudiced by dye failure and Nan Only to the eaten of that prejudice. 4. DEFENSE AND PROSECUTION OF ACTIONS; DUTY OF INSURED CLAMANT TO COOPERATE (a) Lips writle re lyess by Ne inured and subject to the options consonud in Season 6 of thtse Conditions and Supula the Company, at is own cop and without unra,oeble delay, shall provide for the defense of an uncured in Initiation in which any third party aura a ctum adverse to the Lds or interest as imared, law omv u'those sts Ad caused of una Nef .t defacl, tin or eoumbeams Or ocher matrer lnsured ap inst y dies policy r shall rove the ng w select counsel sec wine e chos m Ze (tabled to The right of the Indiana a !or reaaopabk one) to raprwapt tle Insured AS w tbM amts auw of &clap atd Shall not to Wbie for and will MP" she tees d rosy otler onead. The Cbomamy unit not pay oy fines, Iosts or expansion minimize by din insured in the defeoae of dense m of ssdm which anags mom n mourad yaiut by this polity. (b) Te Comply Ad taw the right It its own cost, m institute and proaecue shy now a peomedlat or an do any India act which in its opinion may be necessary a dealrahla to erobltsb the tltie to than wrote or Interest. as insured, of to prevent or rtlns lam at damns in she Imntd. The rmpmy w d ma rakeavy motion under the sa title paticy, whaler or sat n shall be Isnk her�r, and steal act dereby topenae liability, a wave My proviaion of she polls Udall Company shall eacehm its rifled under this paragraph, it "1 $0 diigmwy. (e) Wharevvvw the C/mp� dull have pra�it Au action a imapmed a defend oo r" a pmsssied by she provitio a of 0 POW the Compoey may purse my litigation an final dmermulata by a cart of competent jurisdiction and en- preWy reserves the right, in Its sou diserenon, to appeal from any adverse judg. meat Or order, (d) In an cams wlmra this policy permits or naquue the company to proucute or provide for she defame of spy now or proaaint. the insured mall tecurc W she Comply the miglst m m proa«utc a provide ddome m the cation or pro- asedbhg, as roll o theme. and permit the Company to use, at its opar., the rose of the inturAd be Ilea purpose. Whenever requested by she Company, she Insured, at The Conpaly's altPma. SMI give to COMny all r ndAs aid (1) in say =son or proeading, kcuring gvidesce. obtaining wnneaes, prosecuting a dderating the action a paioend)eg, or effecting seNesnant, and (li) In MY other lawful to which in the opine- of the Company may be memory of daasbie to epabiich Idie title m dch entea a tatrasr a moused. If the Company it ylqu y the hthae of die imored to fumtsh the nquind ceopaaia, doe mpny't obligation an the insured under the pol icy, ahem to mmaw. inclsmng any liability or obltis to" m doled, paosaeae, Or comimsn ay litigation, with regard to the malt or TdNm re l.inng such owpmmmn. , . S. PROOF OF LOSS OR DA'NAGE In aa�ia nd m a after the 'led under Section I of dam Condit= and nos have been me she a proof of Ims a damage sitnmd and Issues to by tlm homed claimant *bell b famished to tla Cowpony within 90 after she imured Muni shad amaum the facts living rim to die lot or damp. The proof of loam or damp shall describbe de: defect in, or hen or tau ntnas on de title, or odwr paper bused agar by this policy which caM slow, din base$ of lama dleMgs ad shall alw, to the comma possible, the basis Of ecaln the ammmt of the lot a darmp. If the Company in Mejudnpd by the uilae of the '-m ail eaimm to awWo the yWUped prep( of loss or shmags, m- liability a obligation in defend, po[eww. or ammue my IR W I;, will repaid to the moat or moms readnng such proof of lead of dansge. In addi ia, she inured alaimae my reasonably be required to submit to eaamia• UN tmdar oath by my aulemisd repreaaative of the omnogmy and shun prodelen lily extmlnsion. Inspection and eopymg, at such mina able Iowa Asti places u my be designated by any authorized mpletseudve of do Compaq, all records, books, bsdgent, csecku, aesmpardeme and M=Wanda, whether bcaring a date before or aka Done of policy. which reasonably psychic to de ksaa Or damagc. Further, if esquesd by my mrhoriaed representative of the Compny, claimant shall amt oo permimion. is welding, for my authaired reprewrnstive of Ns Company to examines, naps ad copy all records. books. kdgert, cheeks, conespoodace met memonado In the custody or control Of a third puny, which yassaWy petchm to ths lot or damage. All 'farnatgn dnignakd is confideaial by the marred chounapt provided to the Company Fewu t w this Section ohm yam be disduccl so others unktt, Ip the reasonable �id�eat of M Compaq, it is tsaachry in the admdnenanom of the claim. Failua of ft insured aWmml m tub- rot for aumiemieln Audit oath, ptoo= Other reasonably refusal iofamatOn a gum prtmiaios fe: teWOashly uaaaadarY'fatmada from acrd puns u mgwrd to the ataut graph shall win am my liability of this Company under two Policy u m mach. S 'd ij -i U J vj 9 EE91 LSL Z L E Sd3.131(4 8 WC I - l - lI M 1`40d.:1 WdSS h L 000Z - -9 1� FIDELITY NATIONAL TITLE INSURANCE COMPANY Fidelity National Title Insurance Company 17911 Von Karman Avenue, Suite 500 Irvine, CA 92614 -6253 J iJV Jar 9 "d £SSt LSL Zt8 Sh3Al3W S t+lt'MIM WOhA WdLS't 0002 -8t -9 PITKIN COUNTY TITLE, INC. 601 E. HOPKINS AVE. ASPEN, COLORADO 81611 (970) 925 - 1766/(970)- 925 -6527 FAX THE POLICY NUMBER SHOMN ON THIS SCHEDULE INS' AERIE WITH THE PREPRINTED NUMBER ON THE COVER $HEET PMT SCSSDVLE A- OPENER'S POLICY CASE NUMBER DATE OF POLICY AMOUNT OF INSURANCE PCT11141C3 07/11/97 ® 11:14 A.M. S 180,000.00 1. NAME OF INSURED: WILLIAM B. MEYERS JJ °.JJ'i L 'd POLICY NUMBER 1311 -86731 2. THE ESTATE OR INTEREST IN THE LAND HEREIN AND WHICH IS COVERED BY THIS POLICY IS: IN FEE SIMPLE c. THE ESTATE OR INTEREST REFERRED TO HEREIN IS AT DATE OF POLICY VESTED IN: WILLIAM B. MEYERS 4. THE LAND REFERRED TO IN THIS POLICY I9 SITUATED IN THE CODNTY OF PITRIN, STATE OF COLORADO AND IS DESCRIBED AS FOLLOWS: See Attached Exhibit „A„ E£91 LSL LL£ Sd31.3W 8 V4VI11IM WOdA WdLS'L 0002 -SL -7 EXHIBIT A LOT 12 -A, SHIELD -O- TERRACE, more particularly described as follows: A tract of land in Lots 1 and 3, Section 22, Township 9 South, Range as west of the 6th Principal Meridian, more particularly described follows: BEGINNING at a point being 1398.14 feet North 22 9 00' East from the South Quarter Corner of Section 22, Township 9 South, Range 86 West of the 6th Principal Meridian; Thence North 85 6 06' East 184.37 feet; Thence North 45 0 04' East 70.54 feet; Thence North 36 0 04' East 298.77 feet; Thence North 37 0 14' East 90.82 feet; Reserving a 30 foot right of way and utility easement on the Southerly and Easterly side of the above described four courses; Thence South 53 0 30' East 350.00 feet; Thence South 58 0 03' West 593.88 feet; Thence North 64 0 37' West 115.0 feet; Thence North 77 0 06' West 155.16 feet; Reserving a 15 foot utility easement on the Northerly and Easterly sides of the above described last two courses; Thence North 12 0 40' East 60.55 feet; - Reserving a 30 foot right of way and utility easement on the Easterly side of the above described course, to the Point of Beginning. - TOGETHER with a right of way for ingress and egress to and from road along presently constructed roadway, as granted in instruments recorded in Book 228 at Page 580 and in Book 235 at Page 159. •° COUNTY OF PITKIN, STATE OF COLORADO u j42 8 "d EES l LSL Z t E Sd 3,,3N 8 Wt' I11I M "Od-1 Wd85: l 0002 -8 t -7 SCHEDULE 8- OWNERS CASE NUMBER DATE OF POLICY POLICY NUNBER PCT11147C3 07/11/97 0 11:24 A.M. 1312 -66731 .. THIS POLICY DOES NOT INSURE AGAINST LOSS OR DAMAGE BY REASON OF THE FOLLOWING: 11 Rights or claims of parties in possession not shown by the public records. 2. Easements, or claims of easements, not shown by the public records. 3. Discrepancies, conflicts in boundary lines, shortage in area, anchroachments, any facts which a correct survey and inspection of the premises would disclose and which are not shown by the public records. - 4. Any lien, or right to a lien, for services, labor, or material heretofore or hereafter furnished, imposed by law and not shown by the public records. •' 51 water rights, claims or title to water. 6. Taxes for the year 1997 not yet due or payable. ?. Right of the proprietor of a vein or lode to extract or remove his ore therefrom, should the same be found to penetrate or intersect the premises hereby granted as reserved in United States Patents recorded in Book 55 at Page 187 and in Book 55 at Page 509. 8. One -half (1 /2) of the oil, gas and other hydrocarbon minerals within subject property, together with the right of ingress and egress and use of the surface to prospect for, mine, and remove the same, as reserved by instrument. recorded October 2, 1951 in Book 176 at Page 603. ` 9. One- fourth (1/4) of the oil, gas and other minerals within subject property together with the right of ingress and egress to prospect for, mine and remove the same, as reserved to J. Burton Tuttle by instrument recorded June 1, 1967 in Book 227 at Page 226. 10. Restrictions and all matters as set forth in instrument recorded June 24, 1968 in Book 235 at Page 137 and in instrument recorded September 1, 1967 in Book 228 at PAge 580, deleting therefrom any restrictions indicating any preference, limitation or discrimination - based on race, color, religion, sex, handicap, familial status, or national origin. 11. Easement and Right of Way for ingress and egress as set forth in instrument recorded in Book 220 at Page 190. 12. Easements as reserved in instrument recorded June 1, 1967 in Book 228 at Page 580. 13. Any and all roads as existing and in place and as conveyed by Jan R. Christensen in various Deeds of record. 14. Easement and Right for Way as set forth in instrument recorded in Book 245 at Page 697. (Continued) UiJ I� J4 6'd EE91 L8L ZIE Sd3.A3W 8 WVI W021f WdSS' l 0002 -81 -7 ' 407114 08/08/r97 10:33A RESOLUTI DAVIS SILVI ., 1 of 3 R 0. 0.W N 0.00 PITKINCO COLORADO RESOLUTION OF THE BOARD OF COUNTY OF PTTEIN COUNTY, COLORADO, DENYING 1041 HAZARD REVIEW AND CONCEPTUAL SUBMISSION TO THE HOFFMAN/MEYERS PARCEL Resolution No. 97 -_,�Y 1. Rhona Hoffman (hereafter "Applicant's has applied to the Pitkin Counry Board of County Commissioners (hereafter "Board's for approval to construct a single- family residence. 2. The property is described as Lot 12 -A Shield -O- Terrace Subdivision, and is more particularly described in Exhibit 1. 3. The property contains approximately 3.42 acres and is zoned RS -30. �. 4. This application was reviewed by the Planning and Zoning Commission (hereafter "Commission's at a regular meeting on May 20, 1997, and a recommendation of denial was forwarded to the Board " 5. The Board heard this application at its regularly scheduled meeting of July 23, 1997, at which time evidence and testimony were presented with respect to this application. 6. The Board finds that the parcel is encumbered by slopes in excess of 30 %, and that slopes in excess of 30% would have to be crossed to provide an access driveway. 7. The Board finds that development of the subject property is prohibited, pursuant to Section 3 -80.50 C. 2. of the Land Use Code, which prohibits development on slopes of greater than 30 %. NOW THEREFORE BE IT RESOLVED by the Pitkin County Board of County Commissioners that it does hereby deny the Hoffman/Meyers 1041 Hazard Review and Conceptual EX HIB1TA, 5 Submission. 1 111111 11111111111 IIIII 1111 IIIII 1111111 III IIIII IN IN c n O ii J 4 4 407584 8 of 10 08/25/1997 11:58A RESOLUTI DAVIS SILVI R 0.00 D 0.00 N 0.00 PITKINCO COLORADO Resolution No. 97- Iy y 1111 4��I�U HIM HIM III I N 111111111 �111I 1 1111 111 Page 2, ° 2 of 3 R 0.00 D 0.00 N x.00 PITKINCO COLORADO DENIED on the 23rd day of July, 1997. BOARD OF COUNTY COMMISSIONERS, PITKIN COUNTY, COLORADO /" ^• By B' Tune, Chairman Jones, Deputy County Clerk J APPROVED AS TO CONTENT: APPROVED AS TO FORM: 746. Cindy Houben Community Development Director P41 -95 PID #2645- 224 -00 -010 cases/hofresdn.doc John Ely County omey 1111111 IIIII 111111 11111 1111 11111 1111111 III 11111 1111 1111 407584 08/25/1997 11:58A RESOLUTI DAVIS SILVI 9 of 10 R 0.00 D 0.00 N 0.00 PITKINCO COLORADO 030045 y -. T v Exhibit 1 . ®I r LCYT i2 -A, SHIELD -O- TERRACE, mor_ particularly described as follows: A tract of land in Lots 1 and 3, section 22, Tcwuship y South, Reeve 9e West of the 6th Principal Meridian, more particularly described follows: BEGINNING at a point being 1398.14 sect North 22 °00 East from the Sout:: Quarter Corner of Section 22, Principal Meridian; TowrshiF 9 SoutY, 3ange 96 West of the Eta Thence North 9 0E' Gant 184.37 test; Thence North 45 0 04' Bast 70.54 feet; .. Thence !forth 3E 0 04' East 298.77 ,feet; Thence North 37 0 14' Hast 90.822 test: - Reservi a 30 fort right and 3as rly aide of eha or way and utility casement on the Southerly te above described four courses; Thence South 53 0 3C' Past 350.c0 feet; Thence South 58 West 593.98 feet; Thence North 64 Nea= 115.0 feet; Thence North 77 West 155.16 fee=; ?Reserving a 15 toot utility easement on the Nor_berly and Easterly Bides of the above described last two courses; Thence North 12 East 60.55 meet; Reserving a aide of the afoot foot ricat of way and utility easement on tha Eanterj ove described course, to the Point cf Beg -l ing, TC �= with�A right of Way ter ingress and egress to and from road presently constructed roadway, as grated in instruments recorded gook 728 ac Page 580 and in Book 235 at page 159. COUNTY OF PITKIN, STATE OF COLORADO 111111 IIIII HIM IIIII IIII IIIII 1111111 III 111111 III IIII 407584 08/25/1997 11:58A RESOLUTI DAVIS SILVI 10 of 10 R 0.00 D 0.00 N 0.00 PITKINCO COLORADO �i q �+ 00-JU4U I Illill 11111111111 IIIII IIIII IIIII 111111 III 11111 IIII IN 407114 08/08/1997 10:338 RESOLUTI DAVIS SILVI 3 of 3 R 0.00 D 0.00 N 0.00 PITKINCO COLORADO W Parcel # 2645 -22- 400009 2645 -22- 400559 2645 -22- 400013 2645 -22- 400014 2645 -22- 400017 2645 -22- 400012 2645 -22- 400025 2645 -22- 400011 2645 -22- 100021 CODU I ADJACENT LANDOWNERS Meyers Lot 12 -A Shield -O- Terrace Subdivision Name and Address Ms. Margeret McMurray & Mr. Stanley Tigerman 910 Lakeshore Dr. Chicago, III. 60611 Mr. Thomas Bradtke 104 South Galena Aspen, Co. 81611 Mr. & Mrs. Kurt Papenfus 0525 Shield -O -Rd Snowmass, Co. 81654 Mr. Ronald Pingatore 0594 Shield -O Rd. Snowmass, Co. 81654 Mr. & Mrs. Stewart Holmes 0644 Shield -O Rd. Snowmass, Co. 81654 Mr. Thomas Gardener Box 5600 Snowmass, Co. 81654 Mr. Sherling T. Lauricella 7155 Snowmass Crk. Rd. Snowmass, Co. 81654 Same As Above Ms. Irma Gilmer 2719 South Glen Haven Houston, Tx. 77025 ASPEN /PITKIN PLANNING OFFICE Agreement for Payment of Pitkin County Development Application Fees Pitkin County (hereinafter COUNTY) and William B. Meyers (hereinafter APPLICANT) AGREE AS FOLLOWS: 1. APPLICANT has submitted to COUNTY an application for a 1041 extension of vested rights (hereinafter, THE PROJECT). 2. APPLICANT understands and agrees that the Board of County Commissioners Resolution No. 91 -08 and Ordinance No. 93-1 established a fee structure for Planning Office applications (including consultant fees) as part of the application fee charged for THE PROJECT and the payment of all processing fees is a condition precedent to a determination of application completeness. 3. APPLICANT and COUNTY agree that because of the size, nature or scope of the proposed project, it is impossible to ascertain the full extent of the costs involved in processing the application upon initiation of case processing. APPLICANT and COUNTY further agree that it is in the interest of the parties to permit payment of an initial deposit and to permit additional costs to be billed on a monthly basis. 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 full costs to process APPLICANTS application. 4. COUNTY and APPLICANT further agree that it is impracticable for COUNTY staff to complete processing or present sufficient information to the Planning Commission and/or Board of Count Commissioners to enable the Planning Commission and/or the Board of County Commissioners to make legally required findings for project approval, unless current billings are paid in full prior to decision. 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 $1,220.00 which is for 6+ hours of Planning Office time, and if actual recorded costs 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 pay such accrued costs shall be grounds for suspension of processing. PITKIN COUNTY A ANT By: By. Cindy Houben Mai ress County Planning Director Date: f2 OULJ . .- RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PTTKIN COUNTY, COLORADO, REPEALING RESOLUTION NO.97 - 4L2 , A ND GRANTING 1041 HA?ARD REVIEW, REDGELINE REVIEW, AND CONCEPTUAL SUBMISSION APPROVAL TO THE HOFFMAN/MEYERS PARCEL Resolution No. 97 -4} 1. Rhona Hoffrnan (hereafter "Applicant ") has applied to the Pitkin Counrr Board of C aunty " Commissioners (hereafter `Board's for 1041 Hazard Review, Ridgeline Review, and Conceptual Submission approval to construct a single - family residence. 2. The property is described as Lot 12 -A, Shield-0-Terrace Subdivision. and is more particularly described in Exhibit 1. 3. The property contains approximately 3.42 acres and is zoned RS 30. 4. The property is impacted by slopes exceeding 30 %. 5. This application was reviewed by the Planning and Zoning Commission (hereafter "Commission") at a regular meeting on May 20, 1997, and a recommendation of denial was forwarded to the Board. 6. The Board heard this application at its regularly scheduled meeting of July 23. 1997, at which time evidence and testimony were presented with respect to this application. The Board found that development of the subject property is prohibited, pursuant to Section 3- 80.50(C)(2), which prohibits development on slopes of greater than 30 %. The Board voted unanimously to deny the application as evidenced by Resolution No. 97- dVattached as Exhibit 2 11111111111111111111111 OF 111111111111III 1111111111111 407584 00/25/1997 11:58A RESOLUTI DAVIS SILVI 1 of 10 R 0.00 D 0.00 N 0.00 PITKINCO COLORADO U1)v:149 Resolution No. 97 - a Page 2 8. Pursuant to Section 4 -150 of the Land Use Code, the applicant requested a hearing to determine whether the Board's denial of the application constitutes a taking of private property without just compensation. " 9. The Board conducted its takings hearing on July 23, 1997, at which time further evidence and testimony were presented concerning the taking. 10. The Board finds that the previous denial does constitute a taking of all reasonable use and economic return from the subject property, since there is no logical means to provide access to the building envelope without crossing slopes exceeding 30 %. 11. The Board finds that the property is not appropriate for any use other than residential, and the Board does not wish to purchase the property. 12. The Board finds that this application proposes development in the best possible location, given the hazards identified on the property. NOW THEREFORE BE IT RESOLVED by the Pitkin County Board of County Commissioners that it does hereby repeal Resolution No. 97 - BE IT FURTHER RESOLVED by the Board that it does hereby grant approval to the Hoffman/Meyers 1041 Hazard Review, Ridgeline Review, and Conceptual Submission, subject to the following conditions: 1. The applicant shall adhere to all material representations made in the application and in public meetings. 2. Prior to building permit application, the applicant shall record a 24 "x36" mylar 1041 Hazard Review Site Plan which meets the approval of the Community Development Department and the County Attorney. The site plan shall include the following 1041 Hazard Review Warning and Disclaimer; " The provisions of these regulations do not in any way assure or imply that areas outside of designated hazard areas will be free from hazards, or that approved mitigation measures will guarantee the safety of any property." IIIII HIM IIIII IIII IIIII 1111111 III 11111 IIII IN ^ ^ f 407584 08/25/1997 11:58A RESOLUTI DAVIS SILVI 0 0, 0 0 2 of 10 R 0.00 D 0.00 N 0.00 PITKINCO COLORADO Resolution No. 97 -d l D Page 3 in �- The site plan shall also be submitted in a digital format for integration into the County GIS system. 3. The proposed driveway shall meet Pitkin County standards for access drives. The applicant shall obtain an access permit from the County Engineer prior to commencement of construction of the driveway. The access road. "Old Pond Road ", shall be improved to County driveway standards before an access permit will be issued. Any retaining structures associated with the driveway should be indicated; showing proposed height, length. and building material. All cuts and fills associated with the driveway shall be revegetated within one growing season of construction. 4. Building foundations shall be reviewed and certified by a Colorado registered professional engineer. Foundation plans shall be submitted at the time of building permit application. 5. The home should be designed to prevent the accumulation of radon gas. 6. The applicant shall submit a drainage and erosion control plan which meets the approval of the County Engineer, prior to the submittal for a building permit. In addition to addressing permanent drainage and erosion control measures, the plan shall include temporary erosion control measures for construction. 7. The building site shall be revegetated with native vegetation to limit water consumption and additional runoff within one growing season of project completion. All drainage from roofs and paved areas shall be detained on site. 8. No development, including grading or landscaping or vegetation removal shall occur outside of the approved building envelope except as may be necessary to implement the wildfire mitigation measures and the extension of the access driveway. This includes landscaping, well. and septic systems. 9. Prior to issuance of a building permit, the applicant shall provide documentation of an adequate domestic water supply. Quantity and quality of said supply shall meet the approval of the Environmental Health Department. Any wells must meet environmental setback requirements and be within the approved building envelope. 10. The septic system for the development shall meet the approval of the Environmental Health Department. The applicant shall obtain such approval prior to the issuance of a building z permit. The sewage disposal system must be located within the building envelope and meet all environmental setback requirements. 11. Outside illumination shall comply with County lighting standards in effect at the time of v building permit issuance. All exterior lighting shall be shielded from view of Snowmass Creek Road. There shall be no facade or landscaping lighting on the east side of the house r J , U J 11111 HIM 11111 11111 1111111 III 11111 1111 IN 3 of 10 R 0.00 D 0.00 N 0.00 PITKINCO COLORADO «�. Resolution No. 97-/�� Page 4 12. The applicant shall obtain a fireplace /wood stove permit with Environmental Health Department prior to the issuance of a building permit. 13. The applicant shall implement the following measures to mitigate impacts to wildlife: a. Maintain native vegetation outside of building envelope. b. All garbage shall be contained in wildlife proof garbage containers. w c. Any fencing shall be 42" high or less, 4 strand or less with a 12" kickspace between the top two strands. Any rail fencing shall be the round or solid rail type, 42 ", 3 rail or less with at least 18" between two of the rails. d. There shall be a one dog limit with a kennel restriction. The kennel shall be constructed before a certificate of occupancy is issued. When not kenneled all dogs shall be leashed. No dogs on site during construction. 14, The applicant shall comply with the following wildfire mitigation measures: a. The area around the structure shall incorporate landscaping with wildfire defensible space considerations as follows: (NOTE: Actual vegetation manipulation to meet these conditions may not be necessary where the natural vegetation patterns have already fulfilled these conditions.) 1) All brush located downhill from the structures shall be thinned and clumped for a distance of 70 feet. Up slope and to the sides the thinning shall be for 50 feet. Brush, debris, and non - ornamental vegetation shall be removed within a minimum 10 foot perimeter around the remaining sides of structures. In this 10 foot perimeter vegetation shall be maintained at 6 inches or less. 2) Spacing between clumps of brush and vegetation within the defensible space perimeters shall be a minimum of two times the height of the fuel. Maximum diameter of the clumps shall be two times the height of the fuel. All measurements shall be from the edges of the crowns of the fuel. 3) All branches from trees and brush within the defensible space perimeters shall be pruned to a height of 10 feet above the ground and removal of ladder fuels from around trees and brush. Shrubs less than 10 feet in height should have lower limbs removed up to half the total height. 4) Tree crown separation within the defensible space perimeters shall have a minimum of 10 feet between the edges of the crowns. 5) All branches which extend over the roof eaves shall be trimmed and all branches within 15 feet of the chimneys shall be removed. 6) All deadfall within a 100 foot perimeter of all structures shall be removed. 7) A cleared strip for 10 feet shall be maintained on either side of the driveway to create a fuelbreak. IIIII IN 111111111111 III11111 IN IN , �, , 407584 08/25/1997 11:58A RESOLUTI DAVIS SILVI O J 0 U � ' 2 4 of 10 R 0.00 D 0.00 N 0.00 PITKINCO COLORADO Resolution No. 97& Page 5 8) The applicant shall be responsible for the continued maintenance of the defensible space vegetation requirements. b. Structural Design and Construction Requirements: - 1) Roof construction shall be metal or class a, noncombustible (no wood shake /shingles) material with no flat roofs. 2) Vents shall be screened with corrosive resistant wire mesh with mesh 1/4 inch maximum. 3) Structures shall be positioned on the western edge of the building envelope, as far from the slope as practicable. 4) Any decks or projections below the roof line extending toward the down slope shall be enclosed by solid vertical walls as per code Section 3 -80.70 C. 4. or be constructed of totally noncombustible building materials. c. The following maintenance measures shall be adhered to: 1) Roofs and gutters shall be kept clear of debris. 2) Yards shall be kept clear of all litter, slash, and flammable debris. 3) All flammable materials or firewood/wood piles shall be stored on a parallel contour a minimum of 15 feet away from any structures w 4) Weeds and grasses within the 10 foot perimeter shall be maintained to a height of not more than 6 inches. d. The following miscellaneous measures shall be adhered to: 1) Swimming pools shall be accessible to fire department vehicles. 2) Fences shall be kept clear of brush and debris. 3) Wood fences shall not connect to the structures. 4) Any outbuildings or additional structures shall adhere to the same standards as structures. 5) Fuel tanks shall be installed underground with an approved container. 6) Propane tanks shall be installed according to NFPA standards and on a contour away from the structure with standard defensible space vegetation mitigation around any above- ground tank. Any wood enclosure around the tank shall be constructed with materials approved for two hour fire- resistive construction on the exterior side of the walls. 7) Each structure shall have a minimum of one 10 pound ABC fire extinguisher which shall be placed in each structure in a visible and accessible location. 8) Address shall be clearly marked with 2 inch non - combustible letters and shall be visible and installed on a non - combustible post. 9) The driveway shall be a minimum of 12 feet wide with minimum inside turning radius of 33 feet. The maximum grade should be limited to 12 %. 15. As per BOCC Ordinance 496 -19 no building permits will be issued for this property until the Shield -O -Mesa and/or Shield -O- Terrace roads (as appropriate) are improved to be in compliance with the standards set out in Ordinance #96 -19. Prior to issuance of a building permit the applicant shall show evidence of having joined a road improvement association or 111111111111 HIM 111111111111111111111111 HIM IIII IN V J v U J 3 407584 08/23/1987 11:58A RESOLUTI DAVIS SILVI 5 of 10 R 0.00 0 0.00 N 0.00 PITKINCO COLORADO Resolution No. 97 -0 Page 6 w.. 4✓ mI improvement district and paid a prorata share of assessments for necessary improvements required by Ordinance# 96 -19. 16. All new utility service lines extensions shall be buried within existing roads and driveway. 17. No reflective glass or roof materials will be allowed. Exterior building materials and colors should blend with the natural environment. 18. In the case of development on slopes greater than 15 %, design and development shall be based on a detailed site analysis, including geologic and engineering studies to identify the best development area based on the following considerations: a. Adequate mechanical support shall be provided for cut slopes. b. Adding water which may decrease slope stability shall be avoided. c. Adding weight to the top of the slope shall be avoided. d. disturbed slopes must be contoured.so they can be revegetated. e. Steepening of existing slopes shall be avoided. f. Confine cuts, fills, grading, and excavation to the minimum area needed for construction. APPROVED AND ADOPTED ON THE 23rd DAY OF JULY, 1997. Jones, Deputy C{ Vhty Clerk APPROVED AS TO CONTENT: 7 Cindy Houben Community Development Director P41 -95 2645- 224-00 -010 cases/hoffmres.doc 1nr�n,, uJuuJ BOARD OF COUNTY CONMSSIONERS, PITKIN COUNTY, COLO O By Bill Tuite, Chairman APPROVED AS TO FORM: John E1 ttomey 1111111111111111111111111111111111 407584 08/25/1997 11 6 of 10 R 0.00 D 0.00 N 0.00 PITKINCO COLORADO Eahumt 1 :.OT 12 -A, SHIELD- O- TERRA=. loose particularly descr,bed as follows: A tract of land in Lots 1 and 3, See_ion 22, Tcwnship 3 South, Range 86 West of the 6th Principal Meridian, more particularly described follzvs: # BEG:MING at a point being _398.14 feet North 22 East f_=n the Scuth Quarter .^.craer of Se -ion 22, ToweshiF 9 South. Range 96 West of the Eta Principal Meridian; Thence North-85 9 06' Bast 184.37 fact; Thence Torth 45 0 04• past ;0.54 '_set; Thence North 3F•04' Bast 298.77.feet; - Thence North 37 3ast 90.522 fast: Resezvi.ag a 3o fast right of way and utility easement on the So•ither and 3asterly side of the abcve described four courses; Thence South 53 4 3C' 2ast 350.00 tea;; Thence South 38.03' West 593.88 feet; Thence North 64 wen: 115.0 feet; Thence North 77 0 06' west 155.16 fee:; Reserving a 15 L =ot utility easemeat on the Nor -berly and Easterly sides of the above described last two courses; '.hence North 12 0 40' East 60.55 feet; Reserving a 3C foot right of wa7 and utility sasemezt on the Ens =er?`r - a_de of the abcva descried course, to the Point c? Hegi niag. TO0E77M with a riobt of way for ingress and egress to and fros road aieng 9resent_v coastrLated roadway, as gra=nd in «zszzuments recur -_bed in Book 228 at Page 58: and in Book 235 at Page 159. _ COCN:v OF PIT=T, STATE O? COL0RACC I I"III "III'II"I II'I' II'I II'II'III"I III "III I"I I"I 407584 08/25/1997 11 :58A RESOLUTI DAVIS SILVI 7 of 10 R 0.00 D 0.00 N 0.00 PITKINCO COLORADO 407114 08/08/1997 10:33A RESOLUTI DAVIS SILVI ;'� 3 of 3 R 0.00 0 0.00 N 0.00 PITKINCO COLORADO ENGINEERS SURVEYORS S F y (970) 925 -6727 SCNMUESER M P.0 Box 2155 FAX (970) 925 -4157 GORDON MEYER Aspen, CO 81612 January 15, 1997 Mr. John Young John B. Young Consultant Services 0095 Light Hill Road Snowmass, CO. 81654 Re: Lot 12 -A Shield -O- Terrace. Engineering Report Dear John: I am writing to provide some further engineering comments regarding any proposed residence on Lot 12 -A, a 3.418 acre parcel in the Shield -O- Terrace Subdivision (formerly the Rhona Hoffman property), in Pitkin County, Colorado. Based on our site meeting and inspection of April 13, 1995 and utilizing a prior survey and 1041 Hazard Map prepared by our firm in 1992 under Job Number 92013, we have at this point provided an access design and a new slope analysis for the full property. This letter is intended to fulfill our further offer of a report covering engineering aspects of 1041 review in Pitkin County. Generally, 1041 review is applicable due to the steepness of the site, much of which exceeds the a. 30% slope limitation of the Pitkin County Land Use Code, Section 3 -80.50 Geologic Hazard Areas, C. Potentially Unstable Slopes. We have, at this point, provided a revised topographic map showing the areas within the site that exceed 30% slope. Our survey and mapping demonstrates that the substantial majority of the 0.670 acre building envelope itself is located on slopes of less than 30 %. The proposed building site is essentially a small clearing and flat bench behind and including the top of a small "knob" on an otherwise southeast trending slope toward Snowmass Creek. ` From our site visit in the Spring of 1995 it was apparent that site soils consist of granular clayey sands and cobbles to depths in excess of 5 feet based on a visual inspection of the existing road cut along the northwest edge of the property. The "knob" may indicate the presence of an underlying feature of bedrock material less susceptible to erosion than the remainder of the site. In any case, the building envelope does appear generally suitable for supporting a foundation for a residential structure and avoids any apparent areas of potential instability. We would certainly recommend site specific soils testing by a geotechnical consultant prior to structural design of a residence. Our preliminary driveway design dated October 24, 1995 demonstrates that a drive from the common access road into the envelope can be constructed meeting or exceeding Pitkin County standards in terms of profile and width. We have shown some slope stabilization on the lower portion of the alignment entering the building envelope utilizing a boulder wall retaining structure at a 1:1 slope. The boulder wall as shown should be substantially hidden from below by the "knob" and the house itself. The remainder of the proposed grading plan for the access utilizes a slope of 1.5:1 (per the County's standards) and does encroach into the northwest corner of U�JLiU.. 118 West 6th, Suite 200 • Glenwood Springs, Colorado • (970) 945 -1004 January 15, 1997 Mr. John Young Page 2 the building envelope (this could be limited by a structural retaining wall on this portion of any residence). Again, final retention design will require more detailed subsurface investigations (as will design of the house structure itself). The driveway alignment does cross areas in excess of 30% slope to connect the building envelope to the common access road. This is unavoidable in that the envelope is separated from the existing common road by a strip of 30°x+ slope area approximately 50 feet wide. From our site inspection, it appears that a substantial portion of this slope area may be the result of fill placement in the construction of the road platform. The access into the site as proposed represents, in our opinion, the most direct alignment into the building envelope and disrupts a minimum of slope area over 30 %. I hope these comments meet your needs, feel free to call me if I may provide further information or detail. y Very Truly Yours, SCHMUESER GORDON MEYER INC. Jay . Hammond, P.E. !Principal, Aspen Office JH4h M13ER GuC' ,3.�7 SCHMUESER GORDON MEYER, INC. on 0 ASPEN/PITKIN COMMUNITY DEVELOPMENT DEPARTMENT Agreement for Payment of Pitkin County Development Application Fees PITKIN COUNTY (hereinafter COUNTY) and J�\L- -,1FkM S , Y\L - �Lzs (hereinafter APPLICANT) AGREE AS FOLLOWS: 1. APPLICANT has submitted to C an a for �C SZ Ar \ IKT(- 0 K�Id��S (lC3 \-,� (hereinafter, THE 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. 3. APPLICANT and COUNTY agree that because of the size, nature or 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 full costs to process APPLICANT's application. 4. COUNTY and APPLICANT further agree that it is impracticable for 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. CUCU:J L '- 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 $ 22p which is for hours of staff time, and if actual recorded costs 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 pay such accrued costs shall be grounds for suspension of processing. PITKIN COUNTY APPLICANT �� Print N, Cindy Houben Community Development Director gAsupport \form s\agrpaypt.doc 05/05/00 Mailing Address: uuuv�j9 Date: 19-3 -cam PUBLIC NOTICE RE: MEYERS EXTENSION OF VESTED RIGHTS (P71 -00) NOTICE IS HEREBY GIVEN that a public hearing will be held on Wednesday, August 9, 2000 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, Commissioner's Meeting Room, Pitkin County Courthouse, 506 E. Main Street, Aspen, to consider an application submitted by William B. Meyers, requesting extension of vested rights granted previously by BOCC resolution on July 23, 1997. The property is located five miles from the Snowmass Creek/Capitol Creek Road intersection on Snowmass Creek Road and is described as a Lot 12A, Shield -O- Terrace Subdivision. 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 July 8, 2000 Pitkin County Account 002.02 6 1 1.nncn tS U 130 S Galena St Aspen CO 81611 (970) 920 -5090 (970) 920 -5439, fax Fax M To: V% 'UUVt From: pages Fax: 94 31 S Pages: a Phone: Co Date: � 6 Re: Phone # CC: Fax # ❑ Urgent Cl For Review ❑ Please Comment ❑ Please Reply ❑ Please Recycle • Comments: l tips 0 G,1 M 4 (e � "ju _'1Z J „V2 Pos -its Fax Note 7671 Date pages J 'JH Frorn�N Co. /Dept Co Phone # R 7 _ 4 Phone # Fax # q - 1 Fax # t1ccAn - to qo iAAVnc- mo,'\ IOy FV aoy 2 /7 a�o.ccvA\ -I Moov S asj - t�e_ Rt- Lot suvc - A\nok -he vc\uvv\ OA, VCSS I ts Cow/ VjCV- u�o 5. GoJevt Awev, t CO $1611 q,vesliovns Co, one 9a0- 1o� V � I # of l 1 26$ The Aspen Times a SahlydaySunday, July 89, 2000 PUBLIC NOTICE FCBI.IC NOIIC'F. RE 129 W. FRANCES FINAL REVIEW PUBLK X RE: MEYERS EXTENSION OF VESTED RIGNIF HEARING (P71 -0o) NOTICE IS HEREBY GIVEN that a public hearing NOTICE IS HEREBY GIVEN that a public hearing will be held on Wednesday, July 26, 2000 at a will be held on Wednesday, August 9, 2000 at a meeting to begin at 5:00 p.m before the Aspen regular meeting to begin at 9:00 PM or as son. Historic Preservation Commission. Sister Cities therealfer as the conduct of business allows, Room, City Hall, 170 S. Galena St., Aspen, to con - before the Board of County Commissioners, alder an application submitted by Jake Vickery. Commissioners Meeting Room, Pitkln County requesting final design approval for a new house Courthouse. 506 E. Main Street. Aspen, to con - located at 129 W. Francis. The properly Is sider an application submitted by William B. described as Lot B. Vickery Lot Split, Block 56. Meyers, requesting extenslon of vested rights City and Townslte of Aspen. granted previously by BOCC mimiullon on July For further information, contact Amy Guthrie at 23. 1997. The property Is located live miles Imm the' Aspen /Pitkln Community Development the Snowcaus Creek/Caphol Creek Road Inter. Department, 130 S. Galena St., Aspen, CO (970) section on Snowmass Creek Road and Is 9205096. annyg@cLaspen.co.us. described as a Lot 12A, Shield -0.Tert k s/Suzannah Reid, Chair Subdivision. The application /resoluuon Aspen Historic Preservation Commission available for public Inspection In e Published In The Aspen Tim on July 8. 2000. Community Development Department. City Hall, 130 S. Galena St.. Aspen CO 81611. PUBLIC NOTICE. PROPOSED ASPFA/ PITKIN COUNTY HOUSING For hnther Information, contact Brian McNellls at 9. AuTTIORITY 2000 GUIDELINES CITY OF ASPEN/ lto te Jon nes, Deputy County Clerk snore rs Jeanette sane Jo PITKIN COUNTY: COLORADO: The Aspen/ Fulda County Commissioners County 2000 Affordable Housing Guidelines have been approved by the Aspen/ PRkin Published In The Aspen Times on July 8, 20100. County Housing Authority and scheduled for (69213) adoption by the Board of County PUBLIC NOTICE Commissioners and the Aspen City Council. The tat reading of the Aspen/ Pitkln Co 2000 COUNTY COURT, PITCIN COUNTY, COLORADO Affordable Housing Guidelines has been sched- Case No, 1100147 uled at a Special Meeting with the Board of ORDER FOR PUBLICATION AND County Commissioners and the City Council for CHANGE OF NAME July 11, 2000. at 0:00 p.m. The 2nd reading and IN THE MATTER OF THE PETITION FOR Public Hearings are scheduled for Monday. July THE CHANGE OF NAME OF: Mary Marlene 24. 2000, 5:00 p.m. with City Council, 130 S. Johnson, Pelfloner. Galena, Aspen, CO; and Wednesday. July 26. ORDER FOR PUBLICATION 2000L 2:00 p.m., with the Board of County The Court having read and considered the Commissioners In the Plaza 1 Meeting Room. Petition for Change of Name and the petitioners Courthouse Plaza, 530 E. Main SL, Aspen, CO. A aflldavlL and the Court being sufficiently copy of the proposed Guidelines has been (lied advised, at the Housing Office at 570 E. Main, Lower FINDS: That the allegations made In said Level. Aspen, CO, and is open for public Inspec- petition and affidavit satisfy all statutory Lion. Citizens are Invited to make written or oral requirements: comments with regard to the proposed AND THE COURT FURTHER FINDS: That Guidelines at the public hearings. the desired change of name Is proper an ASPEN/ PTFKIN COUNTY HOUSING AUTHORITY detrimental to the Interests of any other pe OF PITKIN COUNTY, COLORADO IT IS THEREFORE ORDERED: By Jacquelyn Kasabach, Chairperson 1. That pursuant to statute, petitioner Published In The Aspen Times July 8, 20110. shall give public notice of such change of name PUBLIC NOTICE by publication of Public Notice three(3)times in RE: 232 E. HALLAM. REQUEST FOR A VARIANCE The Aspen Times, a legal newspaper, published in said county. This publication Is to be made PUBLIC FROM RESIDENTIAL DESIGN STAN. within 20 days of the date of this Order. Proper DARDS NOTICE IS HEREBY GNEN that a public hearing pnwi of publication shall be filed with the Clerk will be held on Wednesday. July 26, 2000 at a of the Court upon final publication. 2. That upon proof of publication being meeting to begin at 5:00 p.m. before the Aspen Historic Preservation Commission. Sister Cities filed with the Clerk of the Court. the more of Room. City Hall, 1705. Galena SL. Aspen, to con. Mary Marlene Johnson will be changed to sider an application submitted by Linda Pace, Martens McGrath. Erin FemandezZy. County Judge requesting a variance regarding a fence and a Gle.H. L Melnick, berm. The property is described as Lots M and N. Black 71 City and Townslte of Aspen and an Clerk of the Court /Deputy Clerk adjacent metes and bounds parcel. For further Information, contact Amy Guthrie at 6/14/00 Published In The Aspen Times on June 24. July the Aspen /Pitkln Community Development 1. and 8. 2000. (68047) Department, 130 S. Galena St., Aspen, CO (976) �( PUBLIC NOTICE. 9265096. amygOcLaspen.co.us, A NOTICE OF PUBLIC HEARING s /Suzanrah Reid, Chair PLEASETAKE NOTICE: That the Board of County Aspen Historic Preservation Commission Commissioners of Pltkin County, Colorado. will Pu blis h ed In The Aspen Times minty 8, 2000. consider the following Resolution a the Board's PUBLIC NOTICE regular meeting on August 9, 2000 at 3:00 P.M., Nt tl'ICE 15 HEREBY GIVEN TIIA'F lie Boanl Commissioners Meeting Rmn. Pitkln County ('mutlo use, 506 F., Main Street. Aspen, at which .d t ionic Commissloners, at a regular meeting time. an lace all members of the public may _. _,. aalulc.grnrrA noun, ^mlfLar.¢ta °- [ place ASPEN/PITKIN CtmiMUNITY DEVELOPMENT DEPARTNWgT 130 S. Galena Street Aspen, Colorado 81611 (970) 920 -5090 FAX # (970) 920 -5439 June 8, 2000 John Young 0095 Light Hill Road Snowmass, CO 81654 Re: Meyers Extension of Vested Rights P72 -00 Dear John, 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. Please return 2 copies of enclosed Agreement to Pay Form signed. 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, August 9, 2000 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 � ^ f 11P 6 u � �, :J G 3 ASPEN/PITKIN COMMUNITY DEVELOPMENT DEPARTMENT 130 South Galena Street Aspen, Colorado 81611 Phone (970) 920 -5090 FAX (970) 920 -5439 MEMORANDUM TO: Attorney Zoning Engineer Shield -O- Terrace HOA FROM: Brian McNellis, Community Development RE: Meyers Extension of Vested Rights 2645- 224 -00 -010 P72 -00 DATE: June 8, 2000 Attached for your review and comments are materials for an application by William B. Meyers. This application will be reviewed by the Pitkin County Board of County Commissioners on August 9, 2000. Please return your comments to me July 10, 2000. PLEASE RETURN APPLICATION MATERIALS TO COMMUNITY DEVELOPMENT IF YOU HAVE NO FURTHER NEED OF THEM. Thank you. ,r �Jv::Uv4 6102 COMMUNawr DEVELOPMENT DEPARTMENT 130 South Galena Street Aspen, Colorado 81611 (970) 920 -5090 Pitkin County C Iea5C- CoVv�!C C. �O 162 0 169 / / ! 160 $ �IV RB115 LUC01 193 194 198 190 196 170 135 105 100 120 195 115 150 110 130 151 152 Zoning and Sign Public Notice Planning Enforcement Referral Fees: Access Permit County Clerk County Engineer Environmental Health Housing Land Management Wildlife Officer Building Fees: Board of Appeals Building Code Sales Building Permit Contractor License Electrical Permit Energy Code Review Mechanical Permit Plan Check Plumbing Permit Reinspection Aspen Sanitation AVFD Fire Marshal Land Use: 172 Board of Adjustment 159 County Land Use Code .173 Deposit 174 Flat Fee 162 0 169 / / ! 160 $ �IV RB115 LUC01 193 194 198 190 196 170 135 105 100 120 195 115 150 110 130 151 152 Zoning and Sign Public Notice Planning Enforcement Referral Fees: Access Permit County Clerk County Engineer Environmental Health Housing Land Management Wildlife Officer Building Fees: Board of Appeals Building Code Sales Building Permit Contractor License Electrical Permit Energy Code Review Mechanical Permit Plan Check Plumbing Permit Reinspection Aspen Sanitation AVFD Fire Marshal TOTAL NAME: W ADDRESS /PROJECT: PUuu5 CHECK# ,/ CASE /PERbtITA: 1 lyq 00 NOFCOPIES: DATE: 6 - a6 - 0 0 INITIAL: Other Fees: 155 Use Tae 165 Copy Performance Deposit 185 Park Dedication 186 Parking Cash in Lieu 166 GIS Maps IS CIS Requirements I RB116 Road Impact Fees TOTAL NAME: W ADDRESS /PROJECT: PUuu5 CHECK# ,/ CASE /PERbtITA: 1 lyq 00 NOFCOPIES: DATE: 6 - a6 - 0 0 INITIAL: it JC G-.,.IMNITY DEVELOPMENT DEPART. _ AT 130 South Galena Street Aspen. Colorado 81611 (970) 920 -5090 Pitkin County CHECK# CASE /PER MIT # 1� - Q� #OFCOPIES: 5 � DATE; _ o q' Q (� INITIAL: 00000.0. Land Use: 172 Board of Adjustment i 159 County Land Use Code 173 Deposit 174 Flat Fee ' 162 Zoning and Sign ' 169 Public Notice 160 Planning Enforcement Referral Fees: RBI 15 Access Permit � LUCO1 County Clerk � 193 County Engineer I 194 Environmental Health 198 Housing 190 Land Management 196 Wildlife Officer Building Fees: 170 Board of Appeals j 135 Building Code Sales 105 Building Permit 100 Contractor License 120 Electrical Permit i 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 Copy I Performance Deposit 185 Park Dedication 186 Parking Cash in Lieu i 166 GIs Maps IS GIs Requirements RB116 Road Impact Fees NAME: 1 T , O , TAL W \ u. o ADDRESS /PROJECT: - CHECK# CASE /PER MIT # 1� - Q� #OFCOPIES: 5 � DATE; _ o q' Q (� INITIAL: 00000.0. HOFFMAN - MEYERS 7041 HAZARD REVIEW Lot 12 A., ShieldjwOw Terrace County of Pitkin, State of Colorado Lot 12A, SHIELD - oTERRACE, more particularly described as follows: A tract of land in Lots l and 3, Section 22, Township 9 South, flange 86 West of the 6 6 Principal Meridian, more particularly described follows: BEGINNING at a point being 1398.14 feet North 22 °00' East from the South Quarter Corm of Section 22, Township 9 South, Range 86 West of the 6*Principal Meridian, 0 Thence North 85 06 East 184.37 feet, Thence North 45'04' East 70.54 feet, Thence North 36 °04' East 298.77 feet, Thence North 37 0 14' East 90.82 feet; Reserving a 30 foot right of way and utility easement on the Southerly and Easterly aide of the above described four courses, Thence South 53 °30' Fast 350.00 feet, Thence South 58 1 03' West 593.88,te0; Thence North 64 ° 37' West 115.0 feet, Thence North 77 006 West 155.16 feet; Reserving a 15 foot utility easement on the Northerly and Easterly sides of the above described last two courses; Theuce North 12 East 60.55 feet, Reserving a 30 foot right of way and utility easement on the Easterly side of the above described course, to the Point of Beginning. TC tGGETIjER with a right of way for ingress and egress to and from road COUNTY OF PITKIN STATE OF COLORADO / �a ' J e. aL4q F 970, RFaM AGAP L.3.2376 PTTKIN COUNTY BOARD OF COUNTY COIuMSSIONERS This plat of , hjv�A X yt has been reviewed and approv d by the Pitkin County Board ofCoi xirrussionersthis "V * daya£ r, A* approval of this plat is subject to the terms and conditions of Resolution Numb er(s) �.j , and recorded at�k Z 44mand Page A The dedication of roads is accepted subje T6 e cotlditions that Pitkin County shall undertake maintenance of such " roads only aver construction of such roads has been completed in accordance with Pitkin . County specifications and the Board of County Commissioners does not extend to utilities, waste disposal systems, or any service facilities. ChainimV V _ Board of County Commissioners This 1 041 Hazard Review site plan (or plat) has been accepted for filing in the office of the Clerk & Recorder of Pitkin County, Colorado, of this 4q " ' day of -"f- 3 2003 , in Plat Book ( �K_ , at Pag as Reception No "/ if P� Sic DISCLAB ER 1041 environmental hazard areas exist that might affect the property, any improvements, and the use and occupancy hereof. Tao to $114.Gomor section 22„ T BS. 0 P.M. ST REW & 64 , L.S. 2376 Rabar and rap L.S. 237$ i RebarenM Gnp LS 2376 f .l y� .. (Yew, ( II�III „��III NIINI� VIII �IMI VIII I�II��I III ��I�I II I I��I N 00 02/ 4/ 0 3 02:22F C / / �a ' J e. aL4q F 970, RFaM AGAP L.3.2376 PTTKIN COUNTY BOARD OF COUNTY COIuMSSIONERS This plat of , hjv�A X yt has been reviewed and approv d by the Pitkin County Board ofCoi xirrussionersthis "V * daya£ r, A* approval of this plat is subject to the terms and conditions of Resolution Numb er(s) �.j , and recorded at�k Z 44mand Page A The dedication of roads is accepted subje T6 e cotlditions that Pitkin County shall undertake maintenance of such " roads only aver construction of such roads has been completed in accordance with Pitkin . County specifications and the Board of County Commissioners does not extend to utilities, waste disposal systems, or any service facilities. ChainimV V _ Board of County Commissioners This 1 041 Hazard Review site plan (or plat) has been accepted for filing in the office of the Clerk & Recorder of Pitkin County, Colorado, of this 4q " ' day of -"f- 3 2003 , in Plat Book ( �K_ , at Pag as Reception No "/ if P� Sic DISCLAB ER 1041 environmental hazard areas exist that might affect the property, any improvements, and the use and occupancy hereof. Tao to $114.Gomor section 22„ T BS. 0 P.M. ST REW & 64 , L.S. 2376 Rabar and rap L.S. 237$ i RebarenM Gnp LS 2376 f .l y� .. (Yew, ( II�III „��III NIINI� VIII �IMI VIII I�II��I III ��I�I II I I��I N 00 02/ 4/ 0 3 02:22F