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Home My WebLink Aboutpitkin.planning.272929303008DOCUMENT 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) l PARCEL ID: 2729 - 293 -03 -008 . DATE RCVD: 12/12/1990 # COPIES:: CASE NO P149 -90 CASE NAMEI Yarber Minor 1041 Hazard Review Planners 4 ., . PROJ ADDR: 0185 Bighorn Ln Lot D -12 Redstone Ranch Acres OWN/APP: Farber, Larry & Shirt ADRI c1sm] — PHN:�� REP: ADR:1 CIS/Z: PHN:1� Email Addr: FEES ; DUE: — FEES RCVD f ALLOCATED HOURS: %OVER: REF:j BODY PH D 0066 Crystal Park Dr no LOSED f BY: I_ i PLAT CORDED 4 /25/1990 F File Lt PZ: HRG OFF: HO INDEX: ADMIN: Staff Approval 3K PG) B26 P24 #332098 ADMIN INDEX: �- 9,VREXP'RE$:��, „ r ,CASE.TYP6: CASE.TYP6: CASE TYP7: Dat Sc ann e d: 9/7/ BYJ DUE:: — ICED DATE OF FINAL ACTION: 4/15/1991 BOCC Reso: �— BOCC Ord: �� DATE RECEIVED: 12/12/90 DATE COMPLETE: PROJECT NAME: Y Project Address CASELOAD SUMMARY SHEET Pitkin County PARCEL ID AND CASE NO. ��g - d43 03- 60'�P149 -90 STAFF MEMBER: ML APPLICANT: Larry & Shirley Yarber Applicant Address: 2�a�' Redstone, CO 01702 13yho�n ant REPRESENTATIVE: Larry & Shirley Yarber Representative Address /Phone: 0066 Crustal Park Drive Redstone- CO 963 - -2979 PAID: YESx NO AMOUNT: NO. OF COPIES RECEIVED: 6 a a3. TZ TYPE OF APPLICATION: P &Z Meeting Date 1 STEP: 2 STEP: PUBLIC HEARING: YES NO VESTED RIGHTS: YES NO BOCC Meeting Date PUBLIC HEARING: YES NO VESTED RIGHTS: YES NO Staff Level: 1041 Minor Hazard Review: Date of Approval 'I a 9l REFERRALS: Attorney' Engineer Housing Aspen Water V Envir. Hlth. Manager Z Div. Wildlife Caucus Zoning Other: DATE REFERRED: School District Rocky Mtn Nat Gas State Hwy Dept (Glwd) (GrJtn) Snowmass will USFS (Carbondale) USFS (Aspen) HIM City P &Z Homeowners Assoc. INITIALS: FINAL ROUTING: County Attorney Housing Other: Aspen Consol S.D. Mtn. Bell Holy Cross Aspen Fire Basalt Fire Carbondale Fire Div. Water Res. Airport Manager CO Geo. Survey DATE ROUTED: County Engineer Envir. Health Zoning FILE STATUS AND LOCATION: U IL Aq I:I DI :C* }:i:1 TO: Amy Margerum, Planning Director FROM: Mary Lackner, Planner RE: Yarber Minor 1041 Hazard Review DATE: April 15, 1991 Issue: The applicant, Larry and Shirley Yarber, have submitted a request for a 1041 Minor Hazard review for a single - family residence on a lot approximately .587 acres in size, zoned AF -1. The property is Lot D -12, of the Redstone Ranch Acres Subdivision No. 2, an unapproved platted subdivision. Access to the property is from Highway 133 onto an interior public road system. The applicant is proposing a driveway onto Bighorn Lane. After reviewing the 1041 Hazard Maps, staff finds no 1041 Hazards within the building envelope and driveway except for mapped wildlife. The Wildlife map shows Elk Winter Range exemption area on the property. Kevin Wright of the Division of Wildlife submitted a letter dated December 12, 1990 and recommends the following conditions: 1. All dogs shall be kenneled; 2. All fencing shall be 42 4 strand or less; and 3. Maintain vegetation outside the building envelope. The applicant has provided documentation showing legal creation of the lot. The County Attorney (Tim Whitsitt) has reviewed the ownership information and finds that the lot was legally created. If the applicant located the building envelope as shown on the site plan they will be outside of any hazard area. Attached is the site plan. Findings: 1) The building envelope and driveway access are located in an area which will not directly effect elk habitat. However, because of the close proximity of elk habitat, the applicant has agreed to abide by recommendations made by the Division of Wildlife regarding the mitigation of impacts on said habitat. 2) The County Attorney is satisfied that the property was legally created and has not merged with any contiguous lots. 3) The applicant has provided a site plan for sign off. 000000 2 Recommendation: Sections 5- 400.3(b) and 5- 400.5(b) of the Land Use Code provide that the Planning Director is authorized to approve a site plan and application for a Minor 1041 Hazard review. Based on the findings, Planning staff recommends approval of the Minor 1041 Minor Hazard Review and recommends that the Planning Director sign the site plan with the conditions of approval noted on the plat. OF APPROVAL: 1. All dogs shall be kenneled or leashed. 2. Native vegetation shall be maintained outside of the building envelope. 3. Fencing shall be 42" or less in height, l� 4. Utilities shall be placed under the existing road and proposed driveway. 5. No development is permitted outside of the building envelope. 6. The applicant shall receive a Board of Adjustment variance, prior to building permit issuance. APPROVED: 1041.M.Yarber 7 /vac - /C � - `r: Aty Margeru'm, Planning Director 000063 MESSAGE DISPLAY TO Mary Lackner From: Tim Whitsitt Postmark: Apr 02,91 10:23 AM Status: Previously read Subject: Reply to: Crystal Merger --------------------------------------------------------------------- Reply text: From Tim Whitsitt: No merger problem with Yarber. I thought I had sent you a CEO on this issue regarding merger, or lack of merger where the property was transferred into separate ownerships prior to the lots being downzoned into substandard size. Ely is working on the Sherman application. Preceding message: From Mary Lackner: Bob McCormick called (again) and is checking on the status of merger for the Yarber property and the Sherman property in Redstone Ranch Acres. When these are completed please CEO me. Thanks. If you have any questions give me a call at 5106. 00 0 01 4 MESSAGE DISPLAY TO Mary Lackner CC Ellen Sassano CC Cindy Houben From: Tim Whitsitt Postmark: Mar 29,91 11:19 AM Status: Previously read Subject: Yarber 1041 -- Merger issues -- Redstone Ranch Acres --------------------------------------------------- --------------------- - -- - -- Message: This is a pre'72 nonapproved platted subdivision. The lots are currently substandard in size, but the kicker is that they were standard in size up until the 1978 downzoning. In Yarber, there was common ownership of adjoining parcels, however, the ownership separated and has remained continuously separate since 1976. The conclusion is that although merger rules would apply in this subdivision, they wouldn't do so until 1978, when the lots became substandard in size, thus no merger in this instance. 0555 4-azzow and QVaLleeIL, - -- — - Reg. Land Surveyors and Engineers 9 811 Colorado Avenue Glenwood Springs, Colorado 81601 (303) 945 -8664 April 18, 1991 To: Mary Lackner Pitkin Planning Office Re: Yarber 1041 Review Plat Enclosed please find a mylar copy for signatures for the 1041 Minor Hazard Review Plat for Larry and Shirley Yarber. Sincerely, Cathy, ueen Secretary CC: Larry and Shirley Yarber Enclosure Obit Urj0 Yv Lcr MAR 2 61991 TO: Mary Lackner FROM: John M. Ely, Assistant County Attorney DATE: March 26, 1991 RE: Redstone Ranch Acres Originally I thought that a merger situation existed because of the common interest on the part of Jean and Thelma Border in both parcels. When a deed, such as for lot E -3, does not specify the quality of ownership it can be assumed that it is held in joint tenacy. Joint tenacy, among other things, means an undivided interest and control in the property. Having an undivided interest means that no development can occur on the property without the joint tenant's approval. However, it also means that a joint tenant can not bring property in for an approval without the consent of the other joint tenants, and this is why I feel there is no merger in these two properties. Having a "controlling" interest in property, I interprete, means the ability to bring two parcels in for approval without the necessity of cooperation from anyone else. Further, the two deeds date to 1970, prior to the adoption of the subdivision code, therefore I can not see this as an attempt to "avoid" the provisions of the land use code. jme. 0U --tl� '4% ASPEN *PITKIN ENVIRONMENTAL HEALTH OEPARI"II/IENT MEMORANDUM To: Mary Lackner, Planning Office From: Environmental Health Department Date: January 4, 1991 Re: Yarber Minor 1041 Hazard Review Parcel ID# 2739 -03 -008 The Aspen / Pitkin Environmental Health Department has reviewed the above - mentioned land use submittal under authority of the Pitkin County Code Title II, and has the following comments. SEWAGE TREATMENT AND COLLECTION Sections 2 -7 and 5 -200: n The single residence proposed for the property is to be served by on -site wastewater disposal system. The on -site wastewater / disposal systems location is located in an area of suitable soils, and we have verified percolation rates of approximately 7 minutes per inch and soil depths of over eight feet. Typical sewage disposal systems on adjacent properties have been constructed to conform to Pitkin County codes and are functioning satisfactorily at this time. This should also be the case for the referenced property. While the soil on these lots is considered suitable, well - developed, and sufficiently permeable, the applicant should be aware of and plan to meet the minimum horizontal setbacks from all wells. Any portion of the sewage disposal system absorption area must be one hundred (100 from any well. Based upon the limited information in the submission, we are reasonably sure that in placing the septic system components on the property, the leach field construction will be able to comply to these setback distances. ADEQUATE PROVISIONS FOR WATER NEEDS Sections 2 -6 and 5 -205: II While the submission does not address the water supply to the residence, we assume that it will be supplied from a well on the property. This well is reported to be permitted by the Colorado Division of Water Resources. However, there is no documentation submitted to verify yield, quality or water rights. Wells in this area have apparently provided a satisfactory drinking water source. The water supply should be evaluated by this office once the referenced information is available. This evaluation should be done prior to building permit issuance. It is our conclusion that, with careful site planning and proper engineering, there should be minimal environmental impacts from development of a water supply for the proposed residence. Once the questions and ° 130 South Galena street Aspen, Colorado 69619 303/980 -6070 '%dw Jt-) .. m ,, Yarber 1041 January 4, 1991 Page 2 clarifications are submitted to determine the water supply production and quality, it is probable that we will have no objection to approvals for the construction of the single - family residence on the 1/2 acre property. AIR OUALITY: Sections 2 -17 and 5 -106: In this portion of the county, a single family home is limited to one woodburning fireplace and one certified woodstove. Permits may be obtained from the Environmental Health Department offices. NOISE: Section 2 -23 j� Construction noise will impact the immediate neighborhood. However, long term noise impacts are not anticipated above those found in a residential neighborhood. Should complaints be received this office will use Title 25 Article 12 CRS 1973 - Noise Abatement, as the document in the investigation. CONFORMANCE WITH OTHER ENVIRONMENTAL HEALTH LAWS: Section 2 -2 None that are enforced by this office. CONTAMINATED SOILS: The applicant is advised to contact this office for comment should mine waste, waste rock or mine dumps be encountered during the excavation phase of the project. Disposal of such materials off -site is discouraged due to the possibility of excessive heavy metals being present in the soil. This is not a requirement, but simply a request based on past experience in dealing with mine waste and possible negative impacts to humans. OU___9 STATE OF COLORADO Roy Romer, Governor DEPARTMENT OF NATURAL RESOURCES DIVISION OF WILDLIFE AN EQUAL OPPORTUNITY EMPLOYER Perry D. Olson, Director 6060 Broadway Denver, Colorado 80216 Telephone: (303) 297 -1192 December 12, 1990 Pi_tkin County Planning 130 S. Galena Aspen, CO 81611 Dear Mary: DEC 2 119 REFER TO The Yarber property in Redstone Ranch Acres lies adjacent to elk and bighorn sheep winter range. Impacts to wildlife will be minimized by: 1. All dogs be kenneled 2. All fencing be 42 ", 4 strand or less 3. Maintain native vegetation outside building envelope. If you have any questions Sincerely: XK $ - t:t Kevin Wright District Wildlife Manager Carbondale please give me a call. ., u J L U v L DEPARTMENT OF NATURAL RESOURCES, Hamlet J. Barry, Executive Director WILDLIFE COMMISSION, George VanDenBerg, Chairman . Robert L. Freidenberger, Vice Chairman . William R. Hegberg, Secretary Eldon W. Cooper, Member . Rebecca L. Frank Member . Dennis Luttrell, Member . Gene B. Peterson, Member . Larry M. Wright, Member MEMORANDUM =B 8 TO: MARY LACKNER, PLANNING OFFICE FROM: THRU: TEMPLE L. GLASSIER, ENGINEERING OFFICE C TOM NEWLAND ASSISTANT TO THE COUNTY MANAGER DATE: JANUARY 4, 1991 RE: YARBER MINOR 1041 HAZARD REVIEW PARCEL ID# 2739 - 293 -03 -008 I have reviewed the information submitted and would like to forward the following comments to you: PLAT: Section 5 -400.7 of the Land Use Code recites a disclaimer that hazards may exist outside of mapped areas. It is recommended that the plat be amended to include the following note: "The provisions of the "1041" land use regulations do not in any way assure or imply that lands designated as removed from hazard areas will be free from hazards". INTERNAL ROAD SYSTEM: The applicant shows an approximate access. This access is in excess of 25% grade. I propose that the applicant access the building envelope from the Northern corner where the slope is not in excess of a 25% grade. Because of the steep slopes, complete driveway plans developed by a licenced engineer will need to be submitted and approved by this office before the issuance of a building permit. IMPACTS ON COUNTY ROADS: This development will not impact a County road but will be accessed by a County Bridge. Redstone Ranch Acres Bridge is in the process of being replaced by Pitkin County. Construction on the bridge should start in April of 1991. OTHER: I have calculated the slope within the building envelope at approximately 25 %. The maximum slope allowed by the Land Use Code is 30 %. tlg:referal:yarber 00001-1 .0 i u.uin u i n Number Section /Parce�..r Date Submitted pitkin county 506 east main street LAND USE APPLICATION aspen, colorado 81611 DEC 1 2 I90,f' TO BE COMPLETED BY THE APPLICANT: NAME L 4f2r:%1 f W(Arkvr A VT,h -r ADDRESS PHONE NAME OF PROJECT q rnt 4�, 46L)L!Z PROJECT LOCATION: (On attached sheet, locate on zoning map, showing boundaries of any natural hazard and resource areas, any other special regulatory districts, Section 5, Land Use Code; and locate on appropriate CSU/ ERA Maps any areas not covered by the above.) TOTAL AREA EXISTING USE(S) V r_ cl r� � O nI . PROPOSED USE(S) om-L (approximate square footage for each) IIC)o , 4 PRESENT ZONING OF SITE 1 \fSi d2 G a L c - Zu,�{ 17. Sli DESCRIPTION OF LAND USE PROPOSAL PLA't A Snc,)r +tiny, - R urn e AJ.rnt 0t -3 ( a q TO BE COMPLETED BY THE PLANNING OFFICE TYPE OF APPLICATION: REZONING GROWTH MANAGEMENT P.U.D. SUBDIVISION SPECIAL REVIEW H BUILDING EXEMPTION H 35-acre PERMIT REVIEW + SUBDIVISION IEVIEW PHASE: PRE - APPLICATION DATE COMPLETED GENERAL SUBMISSION P.C. ACTION DATE BOARD ACTION DATE DETAILED SUBMISSION P.C. ACTION DATE Jtl yrj 12 BOARD ACTION DATE FINAL PLAT BOARD ACTION DATE cm C) 0 U I 1100 : !Ol - ,n Cu r II r � I l I ( SCALE: 1 INC ti'CH :'000 FEET t r , 0 I -O d t r . I` 1` i M' 4 e� . 9 7S - a j // J �- �ZIEL0f � g L19 5c T1'1-o�- Al / r4 1�2 S j d / 6�0 / ' 4 1 o(:qX,q/ Ul�L; ij s c k� T4,,v c A � 933 13 223- IDLI� 14 < -r - I C7- . 0 -4-- 4 wwuw 41 � ,z - - _ A A A_ of r 0 8 -- i 1.25 P X Ju 13 1965 ?AGE Recptfan No. ......... ..... .... Peggy Tula DEED, me& than 8 th day of July io the year of our Lord one thousand nine hundred and sixty -f ive between REDSTONE RANCH ACRES, INC. a corporation duly organized mod exi ting under and by virtue of the laws of the State of Colo cfthefirstpart,and JACK GRIMM and HELOISE GRIMM of the City and Comfy of Denver and State of Colorado, of the wooed part: WITNESSETH: That the said party of the tint part, for and in con. eideration of the seine of TEN DOLLARS AND OTHER GOOD AND VALUABLE CONSIDERATION ---------------------------- - - - - -- DOL to it in hand paid by the said pettiest of the aecond part, the receipt whereof In hereby confessed and acknowledged, has granted, bargained, sold and conveyed and by thew presents time grant, bargain, sell, convey and confirm unto the said parties of the second part, not in tsnancy In common but in joint tenancy, the survivor of them, their assigns and the heirs and assigns of much survivor forever, all the following described lot or panel of land, situate, lying and being in the Comfy of Pit:kin and State of Colorado, to -wit: Lot D -13, Redstone Ranch Acres Sub- division No. 2 according to the plat thereof filed as Reception No. 120034 in the office of the Clerk and Recorder of Pitkin County, Colorado. TOGETHER with all and singular the hereditaments and appurtenances thereinto belonging, or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof; and all the estate, right, title, interest, claim and demand whatsoever of the said party of the first part, either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances. TO HAVE AND TO HOLD the mid premises above bargained and described, with the appurtenances, unto the said parties of the second part, the survivor of them, their assigns, and the heirs and assigns of such survivor for- ever. And the said party of the first part, for itself, its successors and assigns, does covenant, grant, bargain and agree W and with the mid parties of the second part the survivor of them, their assigns and the heirs and assigns of such survivor, that at the time of the sniveling and delivery of thew presents, it is well seized of the premises above conveyed, es of good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and has good right, full power and lawful authority to grant, bargain, sell and convey the same in roamer and form aforesaid, and that the same aro free and clear from all former and other grants, bargains, sales, liens, taxes, m- sesements and incumbrances of whatever (rind or nature sower. and the above bargained pieihieee, in the quiet and peaceable possession of the maid parties of the second part, the survivor of them, t e.r maignm and the heirs and assigns of such survivor, against all and every person or persons ]awfully claimin to claim the whole or any part thereof, the said party of the first part shall and will WARRANT AND FOREVEE DEFEND. IN WITNESS WHEREOF. The maid party of the first part has caused its corporate name to be hereunto sub - f ;cribcd by i3a President and Its corporate seal to be hereunto affixed, attested by its secretary, the day and year first above written. Attest f .. REDSTONE itAf7CH, ACRES INC. _... _.. t / 7/ � • STATE OF COLORADO, ream. ._._....._ comty o f Garfield .. . se. .......... ........... They foKgp_ Instrument sou acknowledged before me this 8 th day of July 19 (i by RALPH L. ANTONIDES as President and GEORGE J. PETRE as Secretary of REDSTONE RANCH ACRES, INC. acorporation. n._. `,�, My notarial commission Expires June 3, 1969 v Witness my d and official seal. No. 929. oz a P rr Daan. —r..ve co,,.ndss in Joist T.ss>. - u„em.e.noswm y Um Convenor. 1121-14 stout etr.t. Derr. coiorodo i Reee,ded at. _. 11: 94 __..ocpck__..AM.. ...... .lLa..TO 7..._ 3468.._. .... _............... Reception No .1 "0383 ....PeSBY 1:•_Coble ...Recorder. - THIS DEED lends this 28th day of February .1368 FILING STAMP between REDSTONE RANCH ACRES, INC. a corporation duly organized STAR 10CUMASS FEE I and existing under and by virtue of the law. of the State of Colorado 1, of the first part, and MAR 7 1966 II PATRICIA A. PATTER$ON and �_- t MAXINE M. BENJAMIN of th. f Larimer and Slate of Colorado of the second part: t\'ITNESSETH: That the said party of the first part, for and in con- Reiteration of the sum of Ten Dollars and Other Valuable Consideration -- ----- -- - � • to it in hand paid by the said parties of the second part, the receipt whereof is hereby confessed and acknowledged, has grr otcd, bargained, sold and conveyed and by these presents does grant, bargain, sell, convey and confirm unto the said partios c f the second part. not in tenancy in common but in joint tenancy, the survivor of them, their assigns and the heirs nod ,,signs of such survivor forever, all the following described lots or parcel Sof land, situate, I.ha' sod being in the County of Pitkin and State of Colorado, to WI[: Lot D -11 and Lot D -12, Redstone Ranch Acres Subdivision No. 2 according to the plat thereof filed as Reception No. 120034 in the office of the Clerk and Recorder of Pitkin county, Colorado. TOGETHER with all and singular the hereditaments and appurtenances thereunto belonging or in anywise app,.taining, and the revereicn and reversions, remainder and remainders, rents, issues and profits thereof; unit all the . -ta•e, rght, tabs, interest, claim and demand whatsoever of the said party of the first part, either In I:nv or e,plrty, of, iu and to the .lave bargained premises, with the heroditumentn and appurtenances. TO HAIF. AND TO HOLD the said premises above bargained and described, with the nppurtemoels, unto the , said parties of the second part, the survivor of them, their assigns, and the heirs and assigns of such survivor for- I I r. And the said party of the first part, for itself, its successors and assigns, dues covenant, grant, bargain and q .Vice to art with the said parties of the second part. the survivor of them, their assigns and the heirs und of such survivor. that at the time of the caseating and delivery of these presents, it is well seized of the mises .bull conveyed, as of good, sure, peda m ct, absolute and defeasible estate of inheritance, in law, in fee simple, and has good right, full power and lawful authority to grant, bargain, sell and convey the same in manner and form s5", aid, and that tits same are free and clear from ell former and other Rrand, barguioz, sales, nen., taxis. as- s acorn[ sod urcm d,,.r,ss of whatcar kind or ..tare suave,., eXCepL prior -— rd� reservations, easements and rights of way of a public or private nature, and Protective Covenants recorded in the office l of the Clerk and Recorder of Pitkin County, Colorado as Document No. 120097 in Book 218 at Page 48 thereof; a p' l I t,.i -1 ei tf 1 trait, call .. s of the said tied PC t s ec on d ,i [ the f b I , tl e signs u d the l.i ed s n f uth or. ah a L o f,J�' a_ g or t IcLn the tvh I r any part thereof, the sold party of the first part shall and will WARRANT ANII }'ilefSliR DEFEND. IN \QTNENS WIIERE'OF, The said party of the fimt part has caused its corporate name to be hereunto sub. L}'its President and its corporate seal to he hereunto affixed, attested by its Secretary'. the day and year first above written. _. Af'est: Y I. - REDSTONE RANCH ACRES, INC. _... a Colorado corporation Hy_. �.tG 'X .C:e L�C:'LC ..K:..r STATE OF COLORADO, 1I J ....county of.. _.garf io- lit-- �� -��- s9. March Th,� forrgliigg,Tetrument wa. acknowledged before me this 4 th day of 19 by RAL$H, L. ANTONIDES as President snit _ GEQRCE J. PETRE n. Secretary of ' - It$bSTONE RANCH ACRES, INC; a corporation. L Sty notarial commission expire. June 3, 1969 Witness my and and official seal. c . No. 929. WARRANTY DEED Fo.. urE YuG e, J Tntl34 0 6but 5b•et, Dmvee Colorado vx 3 state Is, aid 1UWJW n am known as SRMW LOOM, WrLtam tmM 93023, for the whose a6dre" is ISSO Gusset isca, O j a i, CA Dollars and o ther good "A valuable consideration of one Hundred to JAKM onnolderatich, i b paid, h*r0by "It and " chwa y $0241, Who a ddress Is 4956 H. 125th A" Th ornton ' CO CLAW, t h e f real Prop rty In the Coll" of pitkin, state Co l ora do, to wits Lot D-,,, ?46,tm Ranch kores subdivision go. 2 with all its appur t en ances and warrant title to th no", subject rights of way, No restrictions of t reservations, easemen record or If use, inclading, hot not limited to, the followings c h a rge or lion loposed for water or Any t&1, specia ""Snown't" special towing district$ sever serVioe or for any other United States lions and 93[0611tiOnS *a contained in the PtkIn Coact recorded in Book SS at Page 91% Of t records? PA&Orv*tiorw 8 . OO st&JrA0 In an rostrosent recorde i hook lei at Pago 434 o f the pitkin Monty records' obligations an d Pro imiOns as contained in Term, con ditions, obligations hook 21.2 at Page 43, k 19 a Pug* 1 instrosent, recorded in Book 369 7 at t Peg* 669. Dc Book 369 at Page 666 Book 369 at Pogo GS7, co ,,ty records$ at Page 196 o f the pit)Lin , I :tz and in Book 376 Right Of contained i the Plat way, easo"Lls and Other attars as con i plat book for Redstone Of Ranch t Acre$ in SubdiOn recorded 3 at Page 25 he pitk Co�ty records' Tara, con ditions, restrictions, reservations, rovisions and obligations as contained I', an i r*OO ;;�pd in Book 511 at Page 452 of the pitkin County records' vt d an payable in 1 991 General taxes or 1990, dos , 1990. SIG this /.9 day of Aoam�l 9 ---- D�"EKW C Y F TA arm 7 Qik �r t"Wo GO s m w u J I I 91099 �_.Dae• aeaaptlee, Ha�__._. 'p JaDUa 1 :t:tt - �` "� -:•'^' 9:97 - v Dr um. made this day °t d t9 botrreen Maxine M. Benjamin (a sileleeieon)n and Patricia A. Patterson ( a sing P of the ConntY of and State of C,b mde, of the fi part. sad William Loehr and Sharon Fader +323 BE121 9 7 RNWRDt M iTAmr -? SFAU NAMAU BE JAN 11 PAID' County of rd'_nver and State of Colorado, of the oeond part. of the of the firer Dart, for and in tons of the sum a WITNESSETH, that the sold parties DOLLARS, Eight Thousand Five Hundred and no /100 - - - - - - - - - - - to the .aid part ies of the fleet part in hard paid by the ofd parties of the attend part, the tatalpt whereof L hereby raefoaad and .eknowiedRed, have [meted, bargained, sold and aonseyed, sad by V ye presents do gnat. bargain• a .It ranee, and ronfirm unto the slid parties of the seemed part, their hdn and edges forever, not In tenancy In e.mmon but in joint tenaney" all the fallowing described lot or parcel of land, dtuate. lying and bens in the County of Pitkin and state of Colorado. to wit: Lot D-11 Redstone Ranch Acres Subdivision # 2 TOGETHER with all and singular the hared t.ments and appurtenances themunto belonging. or in anywise a ppertaining, the rceenion and reyen+on., remainder and remainder., rents, issues end profits thereof; and all the ies.f the first part. either in law or estate, right, title. ,t, c le a n and demand whatsoever of the said pert equity, of. in and to the above bargained m emm. es, with the hered:wmente and aP lau a urterurwea, unto the said TO HAVE AND TO HOLD the said premise. above hareuned and deaerib"d. wi the pP theTn parties of the second part. their heirs and assigns face, And the said parties a far s al and Rme and with sal ves their harm, executors. and administrators do covenant, grant. R the +s:d parties mf the """'I pal t. thou heir% and asv:rns. that at the tima• of the r nt aling sad delivery of the.. Prr.- v,ts they arearell seized of the m ^masse abme c� nvel,,d, as of Rood, sure, w feet, ch,lute and indefeasibh estate of inheritmmq m Inw, in fee simple. and have gma l right, full p.w er and lawful authority 0 pant, ber- e.i.. sell and e,mvey the ..me m manor: and fmm afinesnid, mad that the same me free and clear from all former and other grants, bargains, ale.. Irons, lase.. as.es.nwnl and encumbrances of whate,,e, kind er nature ..ever Subject to the taxes for 1976 and easements and reservations of record. and the ob... b-r'an'd premises in the quiet mod grass' m',ie ims�eomn of the .ud parties of the second part, their heirs and .s.,ons, a,.,+t all and every person nr person. lawfully claiming or to a lain the wh.dr many pert thereof, the seed part ies of the first part shot' and will WARRANT AND FOREV hereunteF. ill. ml and IN WITNESS WHFREOF the aid pmrl ies f th, fh,st r.rt h.ve theita .Sal the day end year first -hole wntten Signed. sealed and Delivered in the Peesem, cf I Maxine M. Benjamin (a single person) ISFAU STATE OF COLORADO Patricia A. Patterson (a sin le person) ... county of .... _..... J , .. of er The foregoing instrument rota arknow Ldged Lrf.m m, 'hw day 19 76 • b y Maxine M. Benjamin -- Nv cummu.imr. ".Pares . 19 WA , . nn F.n.d : ^.d rpnn! n .� i "� of Ingham �23 FAC11:42 State of 14 �C I ::. , I 1, . : I _� side h ereo f wiki acknowledged a cu � h r The ins wj ��L,,November, 197 �by Patricia, A before Patterson. witnexs wy'hMiid and PffW sea My commission expires i i MA**�, Wft" Puw,wiw- Couft. my C4MM Ei ger Y.04, > 7. 7 r 0 e � �, � --4 .�. 19005 iiaa �.ta ; X321 p, 302 . ipia -- .11--- T. - fi r: . w 4THm Detb, r.&thi. p..•wefNovember,. r fs 74b.a Maxine M. Benjamin ( a single person} !mE IIiBflIIN[ ig I and Patricia A. Patterson (a single b person) OEC 13 PAID y � Count of and eta of I' c loompto',dlho first port and John J. Miner, as tenant in common and Annette Me Milliron and Mary A. Milliron, ea joint tenants with the right of survivorship, being tenants in common with John race. of the County of and State of Colorado, of tal meond port: WrrNF.SSFTH, that the said parties of the first pan, for and in consideration of the sum of t Seven Thousand Five Hundred and no /100 - - - - - - - - - - oVOLLARS, to the said pan of the fleet pan in hand paid by the laid partim of the Second pan, the melpt whereof is hereby confessed and asknorrie fired, have granted, bargained, sold and conveyed, and by these presents do grant, bargain, sell, convey and confirm onto the -lid parties of the second part, their helm and assigns forever, fpttat ii[R KM,ommmp7pffmtyaua. all the following described lot or parcel of land, situate, lying loop being in the Countraf Pitkin and State of Colorado, W wit: An tmdivided one -half interest n Lot D-12 Re rtone Ranch Acres Subdivision #2, Pit in County, Co Credo, to John J. Miner, as tenant in common uAth Annette M. Milliron and Mary A. Milliron, and An undivided one -half interest in Lot D-12 Redstone Ranch Acres Subdivision #'L, Pitkin County, Colorado, I to Annette M. Milliron and Mary A. Milliron, as joint tenants with the right of survivorship and not as tenants in common, and also as tenants in common with John J. Miner. TOGETHER with all and singular We heredltments and appurtenances thereunto belonging, or in anywioe appertaining, the rvveralon and reversion,, remainder and rtmairden, rent, issues and profit thereof; and all the estate, right, title, interest• claim and demand whatsoever of the laid parties of the fist pan. either in Iaw or equity, of. In and to the above harpooned premises. with the hereditament, and appunenonns. {r he TO HAVE AND To HOLD the said premises above bargained and desecibed, with the appurtenances, ou tf t d p of the aecand part. their hcim and n+pign, forever. And lhr avid pan eft of the first pan, for t set vea , t he,9L executors, and admiuietratod do covenant• grant, bargain and agree to and with the said parties of the second Paul. their heir and apsitme, that at the l of the ensealing and delivery of these form. .all they are-ell seined of the premiers above conveyed. as of good, sure, perfect ab.01-te and indeformible estate of inheritance. in I.-, is far pimple, and have Ro right, full power and lawful authority to grant bar- gain, sell and convey the acme in merrier and form nforesmd. and that the pomp ore free and clear from all fornwr and ota,r grant-• bargama, sale.. hen, taxes, oues.ment rand ear ... br.nres of whatever kind or natarr .-ever. Subject to the taxes for the year 1976 and easements and reservations of record. .ad the above bars.med i r.oake. w the .Wirt and Iwarenhlr posa...l ,p of the .aid panic. of the second per!. their h.l . and assigns, mulpt all and mery pram. o. per.oue lawfully eluming or to claim the whole or easy part :hereof, the laid pares of the fist pen ah.!! and will WARRANT AND FOREVER DEFEND. IN WITNESS WHEREOF the sold y. of the first p.rt bra hereunto set theirsnd and sell the day and Year tint above written. Signed. Eetled.ad Delivered In the Pre.mcvof ^ •., 't Maxine M: BenJr3miit' ( a single person) STATE OF COLORADO (,Pa ETtC1a A. aECerson }•e. ( ..._.................... Courier of. ........ _...... .._ .. .I a single person) The fore n inatraent was acknowledged Wave mr thio r/ ' do, of N Rber, Is 76 [faxri m ne M. Benjamin (a single person) HY romminsion expires , lh' \t'dm ss mY hand.aml uff:uvl c, el �1;wmml ^• ^D r. �rr rS Seple7ter 1y, \o..ZI. wAnaA \ll Drell Trr )alai Trn,n�� Ir,ne .11'ulrlr i.rir, r '� u "j 5 > K. 4� ru- C G -� 6 BoM321 IAGEN3 �9� t of Mic C o % m t y of Ingham ed a instrument on reverse side hereof was acnowledg November, 19 76 by P fore me this "W of - Patterson. expire a iq?e, witness my hand an Coug iJasion o fficial seal liota �PU C �- M"i OMRNt' , N.W,PuN- -it4toCo..N MI C1.1 L' Y, "k I > K. 4� ru- C G -� 6 The printed portions or this form apPpproved byy the Colorado heal Estate Commisslon (CBSs C•S.8 THIS IS A LEGAL INSTRUMENT. IF NOT UNDERSTOOD, LEGAL, TAX OR OTHER COUNSEL SHOULD BE CONSULTED BEFORE SIGNING. VACANT LAND /EXRM AND RANCH CONTRACT TO BUY AND SELL REAL ESTATE Seller's remedy Liquidated Damages or Specific Performance (Section 16) (FINANCING SECTIONS OMITTED) October 24 19 90 I. PARTIES AND PRoPERTY. L arry E. Yarber a nd Shirley A. Yarber purchasens) Vul[A isir{, (as joint tenantshet(zni( agrees to buy, and the undersigned sellers) ]Seller], agrees to sell, on the terms and conditions set forth in this contract, the following described Rat estate in the County of . P i t k i n , Colorado, to wit: Lot D -12, Redstone Ranch Acres Subdivision No. 2. known as No ISICe, Aadrn,. 0, SIatC. Zip) - ' together withal] interest of Seller in vacated streets and alleys adjacent thereto, all easements and other appurtenances thereto, all improvements thereon and all attached fixtures thereon, except as herein excluded, and called the Property plumbing, ventilating, and air cofid csTV antennas, water softeners, smoke /fire/hurglar alarms, secure I e telephone wiring and connecting blocks/jacks, plants, mirrors, floor covenngs,in ms, built- lances, and sprinkler systems and controls; (b) ifon the Property whether attached or no[ on the date of {h ara; -in vacuum systems esaones), storm windows, storm doors, window and porch shades, a blinds, screens, curtain rods, drapery rods, fireplace inserts, fireplace screens, tes, heating stoves, Vacant Land Only (d) %ter Rights. Purchase price to include the following water rights: Ri gh is and Obligations by inclusion in Redstone Ranch Acres Homeowners' Assn, (e) Growing Crops. With respect to the growing crops Seller and Purchaser agree as follows: None. The above - described Included items (Inclusions) are to be conveyed to Purchaser by Seller by bill of sale, _ H O n P _ deed or other applicable legal mstrumenns) at the closing, free and clear of all taxes, (lens and encumbrances, except as provided In section 10. The following attached fixtures are excluded from this sale: 3. PURCHASE PRICE AND TERMS. The purchase price shall be $1 . OOO .00 , payable in U.S. dollars by Purchaser as follows (complete the applicable terms below): a) Earnest Mocey. $ ,OW10 ,th form of Check as earnest money d posit and part payment of the purchase price, payable to and held by Crystal Rive Realty InC ,broke in broker's trust account on behalf of both Seller and Purchaser. Broker is authonwd r, to deliver the earnest money deposit to the closing agent, 1f any, at r, o r before closing. (b) Cash at Closing. $ 1 � s OOO. OO to be paid by Purchaser at closing in cash, electronic transfer funds, certified check, savings and loan teller's check, or cashier's check. Subject to the provisions of section 4, if the existing loan balance at the time of closing shall be different from the loan balance In section 3, the adjustment shall be made In cash at closing or paid as follows: NIA 4. FINANCING CONDITIONS AND OBLIGATIONS. FINANCING TERMS, CONDITIONS AND OBLIGATIONS, PERTAINING TO SECTIONS 3 AND 4, ARE ATTACHED BY REAL ESTATE COMMISSION APPROVED ADDENDUM AS FOLLOWS: (check as applicable) ❑ New Loan ❑ Assumption ❑ Seller or Private Third -Party Financing S. GOOD FUNDS. All payments required at closing shall be made in funds which comply with all applicable Colorado laws. 6. NOT ASSIGNABLE. This contract shall not be assignable by Purchaser without Sellers prior written consent. Except as so restricted, this contract shall inure to the benefit of and be binding upon the heirs, personal representatives, successors and assigns ol'the parties. No.CBSSC•5 -89. VACANT LAND /FARM AND RANCH CONTRACT TO BUY AND SELL REAL ESTATE (FINANCING SECTIONS OMITTED) G f- , -, ,.., ,. Bradford PubhsAmg, 1743 Wazee St . Demer, CO 8020? — (303) 2 }2500 - -9 -89 L1iJU_ 7. EVIDENCE OF TITLE. Seller shall furnish to Purchaser, at Sellers expense, cilheracurrent conunnment for owners title insurance policy in an graft equal to the purchase price or at Seller's choice, an abstract of title certified to a current date, on or before December 15 19 7U . If a title insurance commitment is furnished, Purchaser may require of Seller that copies of instruments (or abstracts of Instruments) listed in the schedule of exceptions (Exceptions) tit the Idle utsumnu: (201111ni111ne'n1 also Inc lurmahed to Purchaser if Seller's experl'this requirement shall pertain only to instruments shown of record in the office of the clerk and recorder of the designated county or counties. The title insurance commitment, together with any copies or abstracts of Instruments lurnished pursuant to this section 7, constitute the title documents (Title Documents). Purchaser must request Seller to furnish copies or abstracts of instruments listed in the schedule of exceptions no later than f i ve calendar days after Purchaser's receipt of the title insurance commitment If Seller furnishes a title Insurance commitment, Seller will have the title insurance policy delivered to Purchaser as soon as practicable after closing and pay the premium at closing 8. TITLE. (a) Title Review. Purchaser shall have the right to inspect the file Documents or abstract Written notice by Purchaser of unmerchantabilny of title or of any other unsatisfactory title condition shown by the Title Documents or abstract shall be signed by or on behalf of Purchaser and given to Seller or Listing Company on or before f i V e calendar days after Purchaser's receipt of Title Documents or abstract, or within five (5) calendar days alter receipt by Purchaser of any Title Doeumengs) or endorsennenno adding new Exception(s) to the title commitment together with a copy of the Title Dk ument adding new ExceptiontsI to title. It Seller or Listing Company does not receive Purchaser's notice by the clarets) specified above, Purchaser shall be deemed to have accepted the condition of title as disclosed by the Tide Documents as satisfactory. (b) Matters Not Shown by the Public Records. $eller shall deliver to Purchaser, on or before the date set forth in section 7, true copies of all lease(s) and survey(s) in Sellers possession pertaining to the Property and shall disclose to Purchaser all easements, hens or other title matters not shown by the public records of which Seller has actual knowledge. Purchaser shall have the right to inspect the Property to determine if any third party(s) has any right in the Property not shown by the public records (such as an unrecorded easement, unrecorded lease, or boundary line discrepancy). Written notice of any unsatisfactory condition(s) disclosed by Selleror revealed by such inspection shall be signed by or on behalf of Purchaser and given to Seller or Listing Company on or before December 15 ' 19 90 If Seller or Listing Company does not receive Purchaser's notice by said date, Purchaser shall be deemed to have accepted title subject to such rights, if any, of third parties of which Purchaser has actual knowledge. (c) Right to Cure. If Seiler or Listing Company receives notice of unmerchantabdtty of title or any other unsatisfactory title conditions) as provided in subsection (a) or (b) above, Seller shall use reasonable effort to correct sand unsatisfactory title condition(s) prior to the date of closing. If Seller fails to correct said unsatisfactory title condnton(s) on or before the date of closing, this contract shall then terminate, subject to section 17; provided, however, Purchaser may, by written notice received by Seller or Listing Company on or before closing, waive objection to said unsatisfactory title condmroms). 9. DATE OF CLOSING. The date of closing shall be Janua 15 ' 19 90 , or by mutual agreement at an earlier date. The four and place of closing shall be as designated by Crystal River Realty. Inc 10. TRANSFER OF TITLE. Subject to tender or payment on closing as required herein and compliance by Purchaser with the other terms and provisions hereof, Seller shall execute and deliver a good and sul hcient Warranty deed to Purchaser, on closing, conveying the Property free and clear of all taxes except the general taxes for the year of closing, and except none other __ , I ree and clearof al l hens tar special improvements installed as of the date of Purchasers signature hereon, whether assessed or not, except dnti ibutiun stdny ea \l'innClih, Including cable IV; except those matters ret leered by the Title Documents accepted by Purchaser in accordance with suhsett 11011 81a1, except those rights, it any, of third parties in the Property not shown by the public records in accordance with subsection 8(b); and subject to budding and coning regulations U. PAYMENT OF ENCUMBRANCES. Any encumbrance required to be paid shall be paid in or before the time of settlement from the proceeds of this transaction or from any other source. 12. CLOSING COSTS, DOCUMENTS AND SERVICES. Purchaser and Seller shall pay their respective closing costs at closing, except as otherwise provided herein Purchaser and Seller shall sign and complete all customary or required documents at or before closing Fees for real estate closet and settlement services shall net tt"" } exceed s 200. DD and shall be paid at closing by _au purchaser _ and by seller 13. PRORATIONS. General taxes for the year of closing, bused on the most recent levy and the most recent assessment, rents, water and sewer charges, owners association dues, and interest on continuing loan)U, if any./,r(rl� — Any sales, use and transfer tax that may accrue because of this transaction shall be paid by 11 14. POSSESSION. Possession of the Property shall be delivered to Purchaser as follows' Date of closing subject o the following leases) or tenancy(s): none. shall be prorated to date of closing. If Seller, after closing, fads to deliver possession on the date herein specified, Seller shall be subject to eviction and shall be additionally liable to Purchaser for payment o rs NIA per day from the date of agreed possession until possession is delivered 15. CONDITION OF AND DAMAGE TO PROPERTY. The Property and Inclusions shall be conveyed in their present condition, ordinary wear and tear excepted. In the event the Property shall be damaged by lire or other casualty prior to time of closing, in an amount of not more than ten percent of the total purchase price, Seller shall be obligated to repair the same before the dale of closing In the event such damage is not repaired within said time or if the damages exceed such son, this contract may be terminated at the option of Purchaser Should Purchaser elect to carry out this contract despite such damage, Purchaser shall be entitled to credit for all the insurance proceeds resulting from such damage to the Property and Inclusions, not exceeding, however, the total purchase price. Should am Inclushn s) or service(s) Intl or be damaged between the date of this contract and the dale of closing or the date of possession, whichever shall be eat her, then Seller shall be liable for the repair or replacement of such Inclus'iorl or service(s) with a unit of similar size, age and quality, or an equivalent credit, less any insurance proceeds received by Purchaser covering sub repair or replacement The risk of loss for any damage to growing crops, by l ire or other casualty, shall be borne by the party entitled to the growing crops, if any, as provided in section 2 and such party shall be entitled to such msm.mcc proceeds or benefits for the growing crops, if any. 16. TIME OF ESSENCEIREMEDIES. Time is of the essence hereof. I I any note or check received as earnest money hereunder or any other payment due hereunder is net paid, honored or tendered when due, sir d :my other obligation hereunder is not performed or waived as herein provided, there shall be the following remedies: (a) IF THE PURCHASER IS IN DEFAULT: IF THE BOX IN SUBSECTION (I) IS CHECKED, SELLER'S REMEDIES SHALL BE AS SET FORTH IN SUBSECTION (1) (SPECIFIC PERFORMANCE IF SAID BOX IS NOT CHECKED, SELLER'S REMEDIES SHALL BE ASSET FORTH IN SUBSECTION (2) ILIQUIDATED DAMAGFSI. ❑ (1) Specific Performance. Seller may elect to treat this cone act as cancelled, in which case all payments and things of value received hereunder shall be forfeited and retained on behalf of Seller, and Seller may recover such damages as maybe limper, or Seller may elect to treat this contract as being in full force and effect and Seller shall have the right to specific perlormance or damages, or both. (2) Liquidated Damages. All payments and things of value received hereunder shall be lortetted by Purchaser and retained on behalf of Seller and both parties shall thereat ter be released from all obligations hereunder. It is agreed that such payments and things of value are LIQUIDATED DAMAGES and (except as provided in subsection (ell are SELLER'S SOLE AND ONLY REMEDY for Purchaser's failure to perform the obligations of this contract. Seller expressly waives the remedies of specific performance and additional damages (b) IF SELLER IS IN DEFAULT: Purchaser may sled to treat this contract as cancelled, in which c all payments and things of value received hereunder shall be returned aril Purchaser may recover sud, damages as may he propel, of Purahasci may elect to treat this contract as being in full force and effect and Purchaser shall have the right to specil m perloonamc of damages o• b"ll (c) COSTS AND EXPENSES. Anything to the contrary herein now i. tiding cent of any litigation or arbitration arising out of this contract, the court shall award to the prevailing party all reasonable costs and s, incL torney fees. i - irsc,� ®U1� -_ 17. EARNEST MONEY DISPUTE. Notwithstanding any termination of this contract, Purchaser and Seller agree that, in the event of any controversy regarding the earnest money and things of value held by broker Or closing agent, unless mutual written instructions are received by the holder of the earnest money and things of value, broker or clue ng agent shall not he rryuucd to take any action but may await any proceeding, or at broker's or closing agent's option and sole discretion, may mterplead all parties and deposit any moneys or things of value into a coup of competent jurisdiction and shall recover court costs and reasonable attorney fees 18. INSPECTION. Purchaser or any designee, shall have the right to have mspecuon(s) of the physical condition of the Property and Inclusions, at Purchaser's expense. If written notice of any unsatisfactory condition, signed by Purchaser, is not received by Seller or Listing Company on or before December 1 _19 . , the physical condition of the Property and Inclusions shall be deemed to be satisfactory to Purchaser If written notice of any unsatisfactory condition, signed by Purchaser, is given to Seller or Listing Company as set forth above in this section, and if Purchaser and Seller have not reached a written agreement in settlement thereof on or before December 10 19 90 , this contract shall then terminate, subject to section 17 Purchaser is responsible and shall pay for any damage which occurs to the Property and Inclusions as a result of such inspection 19. AGENCY DISCLOSURE. The listing broker, Crystal River Realty Inc and its sales agents (Listing Company) represent Seller The Listing Company owes duties of trust, loyalty and confidence to Seller only. While the Listing Company has a duty to treat Purchaser honestly, the Listing Company is Seller's agent and is acting on behalf of Seller and not Purchaser. BY SIGNING BELOW, PURCHASER ACKNOWLEDGES PRIOR TIMELY NOTICE BY LISTING OR SELLING COMPANY THAT LISTING COMPANY IS SELLER'S AGENT. The selling broker, Crystal River Realty, Inc. and its sales agents (Selling Company) represent. [If THE BOX IN SUBSECTION (b) IS CHECKED, SELLING COMPANY REPRESENTS PURCHASER ONLY, AS SET FORTH IN SUBSECTION (b) IF THE BOX IN SUBSECTION (b) IS NOT CHECKED, SELLING COMPANY REPRESENTS SELLER ONLY, AS SET FORTH IN SUBSECTION (a).] (a) Seller. The Selling Company owes duties of trust, loyalty and confidence to Seller only While the Selling Company has a duty to treat Purchaser honestly, the Selling Company is Seller's agent and is acting on behalf of Seller and not Purchaser. BY SIGNING BELOW, PURCHASER ACKNOWLEDGES PRIOR TIMELY NOTICE BY SELLING COMPANY THAT SELLING COMPANY IS SELLER'S AGENT. ❑ (b) Purchaser. If the box is checked. The Selling Company owes duties of trust, loyalty and confidence to Purchaser only While the Selling Company has a duty retreat Seller honestly, the Selling Company is acting on behalf of Purchaser and not Seller. SELLER AND LISTING COMPANY ACKNOWLEDGE PRIOR TIMELY NOTICE BY SELLING COMPANY THAT IT IS PURCHASER'S AGENT. 20. ADDITIONAL PROVISIONS: This contract is expressley contingent upon; I. A survey, at purchasers expense, that Shows the lot line to be approximately as represented by seller's agent. 2. A setback variance from Pitkin County that for building on subject lot. 3. Purchaser obtaining a septic permit, at purchasers' expense, for a normal septic system.(ie; not an evaporative enginered system) 4. A 1041 review, at purchasers' expense, that is acceptible to purchaser. 5. A well permit, at purchasers' expense. Purchasers' are hereby authorized by Seller to bring personal and equiptment onto subject property as is necessary to excavate for percolation test sites and profile hole. It shall be the responsibility of purchaser to back fill holes and return the property to it's original condition as near as possible, should this contract not be consumated. 21. RECOMMENDATION OF LEGAL COUNSEL. By signing this document, Purchaser and Seller acknowledge that the Selling Company or the Listing Company has recommended that Purchaser and Seller obtain the advice of their own legal counsel regarding examination of title and this contract. 22. TERMINATION. In the event this contract is terminated, all payments and things of value received hereunder shall be returned and the parties shall be relieved of all obligations hereunder, subject to section 17 23. NOTICE OF ACCEPTANCFJCOUNTERPARTS. If this proposal is accepted by Seller in writing and Purchaser receives notice of such acceptance on or before November 7 , 19 _ g0 , this document shall heco ne a contract between Seller and Purchaser. A copy of this document maybe executed by each party, separately, and when each party has executed a copy thereof, such copies taken together shall be deemed to b a full and cons lete con act bet een the parties J 1 1. r L y E. YbAer ° °" r " Shirley' A. Yarb r b " Purchaser'sAddress Crustal Park nriva- Radstnna f n_ R1Fi73 [TO BE COMPLETED BY SELLER AND LISTING COMPANY) 24. ACCEPTANCE/COMMISSION. Seller accepts the above proposal this day of Seller shall pay to the Listing Company a commission of ten 10 k4 , of the gross purchase price or N/A as agreed upon betty w Seller and Listing Company for services in this transaction In the event of forfeiture of payments and things of value received hereunder, such - iyments a thin of value shall be divided between Listing Company and Seller, one -half thereof to Listing Company, but not to geq the chin tie b e to Seller. L. seller Annette M . Mi l l i ron n°10 s°n- air Seller's Address C/O N.8. C.I S._ 795 Thi rri St__ Santa Rnca. ra QHana The undersigned Selling Company acknowledges receipt of the earnest money deposit specified in section 3 and both Selling Company and Listing Company confirm the respective agency disclosure set forth in section 19 Selling Company �1 Address A 41 Listing Company Same As AhnvP SFe °11P) Address Due 0 f 1 el { r / uVt� Office 41611 920 -5197 TO: County Attorney Assistant to the County Manager Environmental Health Department Division of Wildlife FROM: Mary Lackner, Planning Office RE: Yarber Minor 1041 Hazard Review Parcel ID# 2739- 293 -03 -008 DATE: December 14, 1990 Attached for your review and comments is an application from Larry & Shirley Yarber requesting Planning Director approval of a 1041 Hazard Review. Please return your comments no later than January 4, 1991. Thanks nnr' n:'e) UUUj 4 U recycledpaper ASPEN /PITRIN PLANNING OFFICE 130 S. Galena Street Aspen, Colorado 81611 (303) 920 -5090 December 14, 1990 Larry and Shirley Yarber 0066 Crystal Park Drive Redstone, CO 81623 Re: Yarber Minor 1041 Hazard Review Case #P149 -90 Dear Larry and Shirley, This is to inform you that the Planning Office has completed its preliminary review of the captioned application. We have determined that this application is complete. Copies of your application have been sent to the County Attorney, Engineer, Environmental Health Department and Division of Wildlife for their review. Three weeks has been allowed for comments to be made. A final decision by the Planning Office will be made following the referral period. If you have any questions, please call Mary Lackner, the planner assigned to your case. Sincerely, Debbie Skehan Administrative Assistant 00UJO1 1 APPLICATION CONFERENCE SUMMA1tY Ek, l 1 Cl Q PROJECT: v I1 I r le./ V 6e",r e,� AI�PLICANT'S REPRESENTATIV Shirley ya 4 ,tbe+( REPRESENTATIVE'S PHONE: G J(a3 - 0 0 I - 7 OWNERS NAME: S h-, If d Lci,,rrV Y ar bow SUMMARY 1. Type of Application: 1041 (01nG/ f?c vya 2. Describe action /type of development being requested: /r A L 1 0 (�1 - Ir,r{ — � PCVPS C) NGIe tAnS�h+�r-t I� n 3. Areas in which Applicant has been requested to respond, types of t reports requested: a Policy Area/ Referral AqLnt Comments -DovJ - lk uJi^�c! p lavi -1 o 2k no-) - CA erIr2rl b1�)4 , evve - LL- � - —_-ooP g J E r ; e by -4 s A Fn v. Ck 40 ( - vest ion t }►ah 3ID /b I C -Q Vl@ 1 N.0, _ t (.l yin n O r V e V i 'titJ� 4. Review is: (P &Z Only) (CC /BOCC Only) (P &Z then to CC /BOcC) 5• Public Bearing: (YES) (NO) 6. Did you tell applicant to submit list of ADJACENT PROPERTY OWNERS? (YES) (NO) Disclosure of Ownership: (YES) :(NO) 7. Ste- What fee was applicant requested to submit: CH 8. Anticipated date of submission: �— m J 9• COH}IENTS /UNIQUE CONCERNS: 1t cv11� t t ( �l� ✓ n1p ki �� n k ) �_n x n•O �c L, IIAd e t+�n� t�n.nn �-( r� - it - -- � - �- � -Y +t� , „W fir(• ?v l.P� i.�'u ri.o o � v a al f� e� i1e e� c�xeJ X L1 t_S B s � 1) 0a aP ems, 12 "R. oo J Ls f do \J0 r I an7z Ln-�O be A l . . 11 i ASPEN /PITKIN PLANNING OFFICE V I `H - 0 130 South Galena Street Aspen, Colorado 81611 (303) 920 -5090 LAND USE APPLICATION FEES City 00113 - 63250 -134 GMP /CONCEPTUAL - 63270 -136 GMP /FINAL -63280 -137 SUB/CONCEPTUAL - 63300 -139 SUB/FINAL - 63310 -140 ALL 2 -STEP APPLICATIONS - 63320 -141 ALL 1 -STEP APPLICATIONS/ CONSENT AGENDA ITEMS REFERRAL FEES: 00125 - 63340 -205 ENVIRONMENTAL HEALTH 00123 - 63340 -190 HOUSING 00115 -63340 -163 ENGINEERING SUBTOTAL County 00113 -63160 -126 GMP /GENERAL - 63170 -127 GMP /DETAILED -63180 -128 GMP /FINAL -63190 -129 SUB/GENERAL -63200 -130 SUB/DETAILED - 63210 -131 SUB /FINAL - 63220 -132 ALL 2 -STEP APPLICATIONS - 63230 -133 ALL 1-STEP APPLICATIONS/ CONSENT AGENDA ITEMS - 63450 -146 BOARD OF ADJUSTMENT REFERRAL FEES: 00125 -63340 -205 ENVIRONMENTAL HEALTH 55 or) 00123 -63340 -190 HOUSING 00113 - 63360 -143 ENGINEERING -- s, p0 PLANNING OFFICE SALES 00113 -63080 -122 CITY /COUNTY CODE -63090 -123 COMP. PLAN - 63140 -124 COPY FEES -69000 -145 OTHER SUBTOTAL U a lS v TOTAL I Name 4WO&Ill Phone. A ess. fD L� �1 Project: 10 V Check # /0 Date: Additional billing: #of Hours: Y INCH = 20 FEET LARRY & SHIRLEY YARBER _MINOR 1041 HAZARD REVIEW PLAT LOT D -12 OF REDSTONE RANCH ACRES NO. 2 PITKIN COUNTY, COLORADO t9� [Tlfl t.l iK�l ^J�- l '0 \ 1 f 11 _ tl� 419 R1.�S'HL4W' ff y M.x txi•3. O.w dfavM 611Md OsY OB d11m_ 4 4k 4 9H9 _ i�14v 0. Rat.... M�IaaE gCl��9axt APq. in tl's fY� et a �. b nwni arYn m late xi � rY1 .6R v. G.. _ . um+a'pT T^mY b rw... uY N_9 •e e!Y ... e[ 4 mmKl' IS 1 tX i. V 7 i � i'I N 90SY' ! 3ri d Bray '90.61' I 1Y9"� r , � 1 Y YM Iifa�! ,feb YIiM Illii � I I 1 1 I I III I I s w T W /LCT i 5..1 Yeu' tr�xt u Yatl .uu a..a.ua! wn .W mw.0 xis. i] "1 9.2 �F oa IwB4 wuv tm�mjb= � iir.:9.Y efY` tl� 419 R1.�S'HL4W' ff y M.x txi•3. O.w dfavM 611Md OsY OB d11m_ 4 4k 4 9H9 _ i�14v 0. Rat.... M�IaaE gCl��9axt APq. in tl's fY� et a �. b nwni arYn m late xi � rY1 .6R v. 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