HomeMy WebLinkAboutpitkin.planning.264316103002DOCUMENT LAYOUT
THIS FILE MAY OR MAY NOT CONTAIN ALL OF THE INFORMATION
LISTED BELOW IN THE FOLLOWING ORDER
Summary Sheet
Resolution for the BOCC and/or P &Z
Ordinance for the BOCC and/or P &Z
Determination for the Hearing Officer
Administrative Determination
Staff Memo
Application
Public Notice, Acceptance Letter, Referral(s) Letter
Site Plan
Miscellaneous
Plat copies (11x17)
PARCEL 10;2643- 161 -002 "DAT RCVD: 1 5/22/1991 #COPIES: CASE
CASE NAME: I Powell Addition -Administrative 1041 Review Planners f
PROJ ADDR: 0100 River Rock Ln Godfrey- Landis Sub Exemption Godfrey Parcel
OWN /APP: Powell, Dan ADR[_ CIS /Z:F PHN:
REP: ADR:: CIS /Z:F PHN:
Email Addr: ALLOCATED HOUR
FEES DUE:F FEES RCVD:F_ % OVER:
r" I MTG DATE
F_
F_
REMARKS no vest;
CLOSED: BY:
BY: DUE:
NOTICED DATE OF FINAL ACTION:
BOCC Reso:
BOCC Ord:
PZ:
HRG OFF:
HO INDEX:
7/1/1991
I
REF:
REV BOD PH
ldministr No
No F
Na r
Location: IFF Box #212
ADMIN:
PLAT RECORDED 7716/1991 PLAT (BK,PG):
B26 P96 #334613 ADMIN INDEX:
VR APPROVAL DATE: F
VR EXPIRES:
CASE TYP: lAdministrative 1041 Review for an A
CASE TYP5:
CASE TYP2: I
CASE TYPE:
CASE TYP3:
CASE TYP7: F_
CASE TYP4: I
r�
Date Scanned:
1/7/2
7/1/1991
I
REF:
REV BOD PH
ldministr No
No F
Na r
Location: IFF Box #212
M �
CASELOAD SUMMARY SHEET
PITKIN COUNTY (f
DATE RECEIVED: 5 2 9
DATE COMPLETED
- -0 3-o6Z
PARCEL ID AND CASE NO.
2643 - 161 7kAn4 PSI -91
STAFF MEMBER: ES
PROJECT NAME: Powell Addition - Administrative 1041 Review
Project Address: Lot M. Little Texas Subdivision
APPLICANT: Dan Powell
Applicant Address: 0100 River Rock Lane. Woody Creek 81656
REPRESENTATIVE:
Representative Address /Phone:
AMOUNT PAID: $152.00 NO.OF COPIES RECEIVED 3 PLAT: 3
TYPE OF APPLICATION:
P &Z MEETING DATE
BOCC Meeting Date
PUBLIC HEARING: YES NO
VESTED RIGHTS: YES NO
PUBLIC HEARING: YES NO
VESTED RIGHTS: YES NO
Staff Level: 1041 Minor Hazard Review: Date of Approval 7 - - I
RE FERRALS :
DATE
ROUTED: INITIAL:
Attorney
_Aspen Consol S.D.
_ School District
Engineer
Mtn.Bell
_ Rocky Mtn Nat Gas
Housing
_Holy Cross
_ State Hwy Dept
Aspen Water
_Aspen Fire
(Glwd) (GrJtn)
Envir.Hlth.
Fire
_ Snowmass Vill
Manager
_Basalt
_Carbondale Fire
_ USFS (Carbondale)
Div.Wildlife
Div.Water Res.
_ USFS (Aspen)
Caucus
_Airport Manager
_ BIM
Zoning
_CO Geo.Survey
_ City P &Z
_ Homeowners
Sheriff
Other:
Assn.
DATE REFERRED: SII�I INITIALS:
FINAL ROUTING:
DATE
ROUTED: INITIAL:
County
_County
Engineer Zoning
Housing
_Envir.
Health
Other:
QI16mA&*11cVYiR�>\2I elm r *10: 0 [0)�F
uucuol of e3
1 STEP: 2 STEP:
�e
TO: Powell File
FROM: Ellen Sassano, Planning Office
RE: Powell Minor 1041 /Category 2 Exemption
DATE: July 1, 1991
LOCATION: Lot M, Little Texas Subdivision; Section 16, Township
9 South, Range 85 West; accessed off of Upper River Road
ZONING: AF -1
REQUEST: Dan and Dorothy Powell are requesting approval of a minor
1041 Environmental Hazard Review /Category 2 Exemption. The
applicants propose to build a two story addition to their existing
home. The existing home contains approximately 1000 square feet
of living space. The parcel is approximately 0.601 acres in size.
The proposed addition will consist of 900 square feet of living
space and 800 square feet of garage, for a total square footage of
2,800 square feet. The site is located in the AF -1 zone district.
1041 REVIEW
The site is impacted by slopes in excess of 30% and floodplain
hazards.
The existing home and proposed expansion are located on a bench
which is relatively flat and well above the Roaring Fork River
floodplain. Neither the lower riparian terrace nor the excessive
slope area will be affected by construction activity. The proposed
building envelope is clearly located outside of the mapped slope
and floodplain hazard areas.
The applicant will be required to establish a 20 foot stream
setback, which is to be maintained in it's natural state. The
setback is to be measured horizontally from the mean identifiable
high water mark of the River. The setback will be noted on the site
plan.
Though the site is mapped as deer winter range, Randy Cote has
indicated that mapping for the Woody Creek quadrant is inaccurate.
New mapping, which has yet to be adopted by the County, was
submitted by the Division of Wildlife to the Planning Office. The
updated map has deleted lands located between the Roaring Fork
River and Upper River Road from wildlife habitat areas. Based upon
discussions with Mr. Cote and new mapping, it is concluded that
wildlife is not a concern on this site.
The existing driveway will not be modified and does not impact
hazard areas.
-GJU2
60
BUILDING PERMIT EXEMPTION REVIEW
Pursuant to Section 18 -2.5 of the Code, the applicant has addressed
the water supply and waste water disposal for the site. Water for
the present home is supplied from a well shared with the Tom
Melberg family and the occupants of Lot 2, Little Texas
Subdivision. Prior to issuance of a building permit, the existing
well system shall be reviewed and approved by the Environmental
Health Department.
Sewage will be disposed of in a new dry -well type septic system
that will be totally contained within the flat area adjacent to the
building site. The applicant commits to install a system which
meets the approval of the Environmental Health Department.
FINDING:
1) The proposed building envelope is located outside of 1041
hazards which exist on site.
2) The applicant has provided a site plan for sign -off. Prior
to recording, the applicant agrees to amend the site plan in
the following manner:
a) A note shall be added which indicates that a 20' stream
setback shall be established and maintained in it's
natural state. Said setback shall be measured
horizontally from the mean identifiable high water mark
of the river.
b) A note shall be added which stipulates the following:
Prior to issuance of a building permit the applicant
shall obtain approval from the Environmental Health
Department for design and placement of the proposed
septic system. The Environmental Health Department shall
also review and approve the quantity and quality of water
provided by the existing well prior to issuance of a
building permit.
C) A note shall be added which stipulates the following:
Prior to issuance of a building permit, the applicant
shall obtain a setback variance from the Board of
Adjustment.
d) A building envelope in which development is to occur
shall be designated on the site plan.
e) The site plan shall be submitted on a 24 11 x 36" mylar
sheet and the title shall reflect the fact that this is
a "Minor 1041 Hazard Review ".
ii ii��1U3
3) The County Attorney is satisfied that the property was legally
created and has not merged with any contiguous lots.
4) The applicant has addressed the category 2 exemption criteria
for land use.
Sections 5- 400.3(b) and 5- 400.5(b) of the Land Use Code give the
Planning Director authorization to approve a site plan and
application for a Minor 1041 Hazard review. Based on the findings
referenced above, Staff recommends approval of the Powell 1041
Minor Hazard Review and Category 2 Exemption. Said approval is
subject to the recommendations listed below. Upon Planning
Director signature of this memo, the memo will serve as a reference
document authorizing approval of the application. Planning
Director's sign -off on a 1041 Review Site Plan is also necessary
for completion of the administrative review process. The Site Plan
shall be recorded in the Clerk & Recorder's office. A copy shall
be placed in the file.
CONDITIONS OF APPROVAL:
1. Prior to issuance of a building permit, the applicant shall
install a waste disposal system and which meets the approval
of the Environmental Health Department. The well currently
providing water to the site shall be reviewed and approved by
the Environmental Health Department prior to issuance of a
building permit.
2. Prior to recording, the applicant shall amend the site plan
to include the following:
a) A note shall be added which indicates that a 20' stream
setback shall be established and maintained in it's
natural state. Said setback shall be measured
horizontally from the mean identifiable high water mark
of the river.
b) A note shall be added which stipulates the following:
Prior to issuance of a building permit, the applicant
shall obtain a setback variance from the Board of
Adjustment.
c) A building envelope in which development is to occur
shall be designated on the site plan.
d) The site plan shall be submitted on a 24 11 x 36" mylar
sheet and the title shall reflect the fact that this is
a "Minor 1041 Hazard Review ".
3. Conditions number 1 and 2 shall be shown on the site plan.
uJc��.lu
Approved By:
Amy 6 Planning
Director
Date:
ELS
MEMO-Powell-1041-MINOR
66i�'Jii5
t PITKIN COUNTY
PRE- APPLICATION CONFERENCE SUMMARY
DATE: ' I Z7 PLANNER: ? .
PROJECT: ?O, w ) J' �- I % t-
APPLICANT'S REPRESENTATIVE: U i t
REPRESENTATIVE' SS PHONE:
OWNER'S NAME:
40J. 0411V
1. Type of Application: -;3 u- cXA a J
2, / D I e __ scr ff ibe aaaaaa tion /typ of development being re
G� ���' mil! 1 ',_ Jo
h��e -�
3. Areas in which Applicant has been requested to respond, types
of reports requested:
4. Review is before: (P &Z Only) (BOCC Only) (P &Z & BOCC) A?aU
5. Public Hearing: (Yes) (No At: (P &Z) (BOCC) (BOTH P &Z & BOCC)'
6. The applicant needs to post a sign for eac p ublic hearing
pursuant to Section 6 -3.4 of the Code. (YES) (0
7. Did you tell scant to submit list of ADJ ENT PROPERTY
OWNERS? (YES) Disclosure of Ownership: ES (NO)
8. Number of copies of the application to be submitted: �
9. What fee was applicant requested to submit: ;Fj
10. Anticipated date of submission:
11. COMMENTS /UNIQUE CONCERNS:
u frm.pre app.county
'�.1 1,1.1116
Policy Area/
Referral Agent Comments
Z.
w
11. COMMENTS /UNIQUE CONCERNS
PREAPP_COOK_1041
frm.pre_app.county
�;Ut,iJt�7
urn rrn , �I f nn rant
STEWART TITLE
OF ASPEN, INC.
602 E. HVMAN • ASPEN, COLORADO 81611 • (303) 925 -3577
May 20, 1991
J. Dan Powell and Dorothy J. Powell
P.O. Box 11478
Aspen, CO 81612
RE: J. Dan Powell and Dorothy J. Powell
Board of Commissioners, Pitkin County, Colorado
Based upon a search of the appropriate real estate records
of Pitkin County, Colorado, Stewart Title of Aspen hereby
certifies that at no time since January 1, 1972 has title to any
tract adjacent to the property described on Exhibit A, attached
hereto, been held in the same name or names as said described
tract.
This statement is neither an abstract, opinion nor guaranty
of title and is intended specifically and exclusively for the
use of the Board of County Commissioners of Pitkin County in
determination of "merger of title" or lack thereof as said
"merger" relates to the applicable statues, ordinances and
restrictions of jurisdiction. It is understood and agreed that
Stewart Title of Aspen, Inc., neither assumes, nor will be
charged with any financial obligations or liability whatever on
any statement contained herein.
Subject property was first described as Lot M of the Little
Texas Subdivision in Deed recorded June 15, 1965 in Book 213 at
Page 301 as Reception No. 120901, then by Correction Deed recorded
July 28, 1981 in Book 411 at Page 810 as Reception No. 234487
described subject property by metes and bounds also known as
Lot M, Little Texas Subdivision.
Pursuant to Lot Line Adjustment Resolution No. 87 -92 issued
by the Pitkin County Board of County Commissioners recorded February
23, 1988 in Book 557 at Page 504 as Reception No. 297669, Deeds were
exchanged between Peter E. Godfrey, Jr. and Wayne R. Landis and
Marjorie A. Landis, wherein the present legal description of subject
property was created all according to the Plat thereof recorded
December 13, 1988 in Plat Book 21 at Page 98 as Reception No.
306838.
Although we believe the facts stated are true, this letter
UiJVJU9
is not to be construed as an abstract of title, nor an opinion
of title, nor a guaranty of title, and it is understood and
agreed that Stewart Title of Aspen, Inc., neither assumes, nor
will be charged with any financial obligations or liability
whatever on any statement contained herein.
Sincerely,
Hazel IAerwick
Title Examiner
UU �J �
PROPERTY DESCRIPTION
ORDER NO: 00018374
EXHIBIT "A"
A tract of land situate in Section 16, Township 9 South, Range
85 West of the 6th Principal Meridian being more particularly
described as follows:
Beginning at a point whence the NW corner of Government Lot 8 of
Section 16 bears N. 03 degrees 21 minutes 03 seconds W. 1572.81
feet; thence S. 60 degrees 25 minutes 00 seconds E. 124.80
feet to a rebar and cap; thence S. 22 degrees 04 minutes 00
seconds W. 178.44 feet to a rebar and cap; thence S. 29 degrees
02 minutes 00 seconds W. 180.00 feet to the bank of the Roaring
Fork River; thence N. 00 degrees 45 minutes 00 seconds W.
77.98 feet along the river bank; thence N. 34 degrees 49
minutes 20 seconds E. 63.93 feet to the rebar and cap; thence
N. 05 degrees 58 minutes 09 seconds W. 23.78 feet to a rebar and
cap; thence N. 23 degrees 08 minutes 07 seconds W. 41.95 feet
to a rebar and cap; thence N. 08 degrees 42 minutes 00 seconds
E. 46.19 feet to a rebar and cap; thence N. 36 degrees 44
minutes 44 seconds W. 76.92 feet to a rebar and cap; thence N.
76 degrees 23 minutes 33 seconds E. 23.29 feet to a rebar and
cap; thence N. 83 degrees 43 minutes 50 seconds E. 10.82 feet
to a rebar and cap; thence S. 48 degrees 41 minutes 14 seconds
E. 27.08 feet to a rebar and cap; thence N. 08 degrees 42
minutes 00 seconds E. 96.73 feet to the point of beginning.
County of Pitkin, State of Colorado
LJUG Ji
TO: Aspen - Pitkin County Planning & Zoning Dept
130 South Galena
Aspen, Colorado
May 22, 1991
MAY<< -11
ff��JJ
J�
FM: J. Dan & Dorothy J. Powell
0100 River Rock Lane
Woody Creek, Colorado 81656
(P. 0. Box 1 - 1478
Aspen, CO 81612)
Subject: Addition to single - family residence in Little Texas subdivision.
It is hereby requested that the Planning Department formally approve this
application to proceed with acquisition of a building permit for the
additional construction described below.
The present dwelling, presently occupied by the applicant, contains about
1000 square feet of living space. We propose to approximately double the
living space and include a garage and storage area of about 800 square
feet. The additions would include a small extension of the present structure
and a two -level addition with garage and storage space below and two bed-
rooms, library and bathroom above. This would bring the total living space
to about 2,000 square feet within about 2800 square feet under roof. The
ultimate single- family home would then include three bedrooms and two bath-
rooms, living room, den, library, garage and storage. The height of the
two -level addition will be no greater than the height of the adjacent
dwelling located on the next lot.
The site of the present dwelling and the proposed addition is located on
the second river terrace above the Roaring Fork River, about 35 feet above
mean high water (see accompanying plat /map). The site is flat and the sub-
strate is porous, well drained, and composed of coarse terrace boulders and
gravels in a matrix of sand and clay. Sparse, natural vegetation at the
site consistsof sage, forbs, grass, and scattered oak and serviceberry.
The lower terrace level, about 28 feet below the building site, is about
three feet above the 100 -year flood level and about six feet above the
mean high water level in the river. This riparian area is flat, with
scattered,large cottonwood, Englemann and blue spruce, and alder, willow,
serviceberry, hawthorn, sage, and grass. The slope between the lower
terrace and the terrace at the building site is steep (about 40%), rocky,
and contains a thick stand of Gambel's oak, serviceberry, sage Oregon
grape, cactus, and grass. Neither the lower riparian terrace nor the slope
will be affected by any construction or associated activity. The riparian
terrace level will be considered mainly wildlife habitat and will be man-
aged accordingly.
duchi
Planning Department Powell Page 2
Water for the present home is supplied now, and will be in the future,
from a well shared with the Tom Melberg Family and the occupants of Lot
2 (Sturm- owner). This 50-foot-deep-well (map) is located about 10 feet
west of the property and was tested in 1991, showing an abundant water
supply of acceptable quality.
Sewage will be disposed of in a new dry -well type septic system that will
be totally contained within the flat area adjacent to the building site.
An application for individual sewage disposal permit was submitted to the
Environmental Health Department on May 13, 1991.
Although slopes greater than
river exist on the property,
disturbance will be well awa
be completely avoided.
We request a timely approval
offer additional information
15% and narrow flood plain borders along the
the proposed construction and associated
from these areas and such hazard,areas will
of this application and will be pleased to
as needed. Thank you for your consideration.
J. Vn Powell Dorothy J. owell
Encl:
Plat /map showing legal description of property, location, property
boundaries, recent legal survey, present building and proposed
addition, name and address of owners, waiver, signatures, etc.
Proof of ownership (deed)
Chain of non - merged title
Photographs showing view of property from Highway 82
Copy of access easement
Copy of pre - application conference summary
4-`o P e-
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#1329271 12:16 Rec $10.00 81: 636 PG 988 a IR, 50
" Silvia Davos, Pitk:in Cnty Clerk:, Doc .$213.50
THIS DEED, Made this 3rd dayof January ,19 91 FIWNGSTAMP
between 0
Peter E. Godfrey, Jr.. 4/1 Crest Ridge, Kerrville,
of the County of and State of Texas
£aloD- Io J. Dan Powell and Dorothy J. Powell whose address
is 451 Golden Circle, #106, Golden,
ottlaa b , IL , f W —t and-SLeta -"
Colorado, of the second part:
W ITNESSETH, That the said part y of the first part, for and inconsideration of the sum of ten
DOLLARS,
to the said part y of the first part in hand paid by the said parties of the second part, the receipt whereof is
hereby confessed and acknowledged, ha s granted, bargained, sold and conveyed, and by these presents does
grant, bargain, sell, convey and confirm unto the said parties of the second part, their heirs and assigns forever,
not in tenancy in common but in joint tenancy, all the following described lot or parcel of land, situate, lying
and being in the County of Pitkin and State of Colorado, to wit:
A tract of land situate in Section 16, Township 9 South, Range 85 West
of the 6th Principal Meridian being more particularly described as fol
J
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11eainning at a point whence the NW corner of Government Lot 8 of Section
16 bears N0 3 °21'03 "W 1572.81 feet; thence S60 ° 25'00 "E 124.80 feet to a
rebar and cap; thence S22 ° 04'00 "W 178.44 feet to a rebar and cap; thence
S29 0 02'00 "W 180.00 feet to the bank of the Roaring Fork River; thence
N00 0 45'00 "W 77.98 feet along the river bank; thence N34 ° 49'20 "E 63.93
feet to a rebar and cap; thence N05 ° 58'09 "W 23.78 feet to a rebar and cap
thence N23 ° 08'07 "W 41.95 feet to a rebar and cap; thence N08 ° 42'00 "E 46.1
fee! to a rebar and cap; thence N36 ° 44'44 "W 76.92 feet to a rebar and
cap; thence N76 °23'33 "E 23.29 feet to a rebar and cap; thence N83 ° 43'50 "E
10.82feet to a rebar and cap; thence S48n41'14 "E 27.08 feet to a rebar an
c ap; thence N08 42' "E 96.73 feet to the point of beginning, containing
Together w1tbq77nY1`sWIJPQKi9hA ;di1..JNA is and appurtenances, thereunto belonging, or in anywise appertaining
and the reversion and reversions, remainder and remainders, rents, issues and profits thereof; and all the estate, right,
title, interest, claim and demand whatsoever, of the said part y of the first part, either in law or equity, of, in and to
the above bargained premises, with the hereditaments and appurtenances; To Have and To Hold the said premises above
bargained and described, with the appurtenances, unto
the said part ies of the second part,
and heirs and assigns forever, ex Fe t as et fo rL 1, on xbibit A attached hereto and
Andthesaid incorpora €e8 here�n by [has reverence.
part Y of the first part, for hilg f his heirs, executors and
administrators, do as covenant, grant, bargain and agree to and with the said part ies of the second part, their
heirs and assigns, the above bargained premises in the quiet and peaceable possession of the said part ies of the
second part, their heirs and assigns, against all and every person or persons lawfully claiming or to claim the whole or
any part thereof, by, through or under the said part Y of the first part to Warrant and Forever Defend.
IN WITNESS WHEREOF, the said part Y of the first part ha s hereunto set his hand
and seal the day and year first above written.
Signed, Sealed and Delivered in the presence of
TEXAS
STATE OF COLORA'DD,
as.
County of
EAL]
Peter E. Godfrey, J SEAL]
The foregoing instrument was acknowledged before me this
>8
dayof December
My co mj¢ffiori- ' ' 19 . Witness my han=ial seal.
Notary Public.
kly
a
No. 515. SPECIAL WARRANTY DEED TO JOINTTENANTS. itradford Publishing Co., 182446 Stout Street, Denver, Colorado(673- 6011)- 9 -76
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#329271 01/03/91 12;16 Rec $10.00 SK 636 '
Silvia Davis, tkin Cnty Clerk, Doc $28.5x1 989
Exhibit A to That Warranty Deed
Dated January 3, 1991, between Peter E. Godfrey, Jr.,
Seller, and J. Dan Powell and Dorothy J. Powell, Purchasers
The property conveyed by the above described Warranty Deed
is transferred subject to the following exceptions:
i. Taxes due and payable; and any tax, special assessment, charge or
lien imposed for water or sewer service or for any other special
taxing district.
Reservations and exceptions as contained
I
Patent recorded June 23 ,1937 in Book 162At5ta Page Se Colorado Of
Page Sta
j. Right of Way Easement granted to The Mountain States Telephone and
Telegraph Company as set forth in instrument recorded September
15, 1975,in Book 302 at Page 939.
i. Agreement for Easement as granted to Micro -Cable Communications
Corporation as set forth in instrument recorded April 12, 1983, in
Book 443 at Page 238.
obligations lasose; forth1in1EasementeAgreement recordedninaBook
570 at Page 210.
5, Any question, dispute or adverse claims as to any loss or oeIn of
Land as a result of any change in the river bed location by other
than natural causes, or alteration through accretion er
. relict
erosion or avulsion of the center thread, bank, channel or flow of
waters in the Roaring Fork River lying within subject Land; and
any question as to the location of such center thread, bank, bed
or channel as a legal description monument or marker for purposes
of describing or locating subject Lands.
7• Any rights, interest or easements in favor of the riparian owners,
the State of Colorado. the United States of America, or the
general public, which exist. have existed or are claimed to exist
in and over the waters and present and past bed and banks of the
Roaring Fork River.
g, Terms, conditions, restrictions, reservations. provisions and
obligations as set forth in Resolution No. 87 - 92 recorded in Book
557 at Page 504 and as shown on Plat recorded in Plat Book 21 at
Page 98.
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� V � ate[ T o,.L h �•7 3 � "y rb t '-j� ",� rGG''
� k BASEMENT AGREEMENT
c ;+ `+4rtTHIS AGREEMENT`�a mad ,LILY 11 T 1988, �p
b) : 'and among PETER E. GODFREY, JR., YRE�T.7�Jb and 't, +,,;,
"'MARJORIE A. LANDIS, LEORA PATE ANDREA, J DAN and DOROTHY J 7:
t POWELL and JACK PATE. The parties agree to the following
: yy V r facts t. r t
The artist to ' ag semen are the owners of the
r_
following described propertiest,. Peter E. Godfrey, Jr. ,�'
Lot M, Little Texas, described in Book 322 it.'Page 179 and
,:ryas+ correction deed recorded in Book 411 at Page 8104 Wayne and
�t Marjorie Landis, Lot 1, Little Texas, described in Book 337
at Page 8081 Leora Pate Andrew, Lo` R, Little Texas, as
described by matte and bounds in Exhibit A attached hereto;
Powells, Lot 2, little Texas, as described in Book 3 at'�
Page 177; Jack Pate, Lot P, Little Texas, as described by
'metes and bounds in Exhibit B attached hereto. -- 'w•. - -
•.3ea -There have been several different historical access
roads to or across the properties above described, which
have been generally reserved, conveyed or excepted in some
of the deeds to the parties hereto but have not been
referred to in l ather deeds.
The parties desire to locate exactly and particularize
the access roads serving their various lots for their mutual .
benefits. 1
The parties agree as follows,
+ 1. Godfrey, as the owner of Lot M, and the
Landises, as the owners of Lot 1, agree to terminate and
vacate as an access road for the benefit of their respective
lots or parcels the middle access road fr— the county road
to their lots; the legal description of, is centerline of
thin middle access road is attached hereto as Exhibit. C.
Neither Godfrey nor the Landises shall have the right to use "..
the middle access road as it now crosses Lot R belonging to -
":a'i- - Leora Pate Andrew, Lot 2 belonging to J, Dan and Dorothy J. -
•�': Powell, Lot P belonging to Jack Pate or Lot M belonging to
sr,
s- Peter Godfrey for the o'.trposee of access from the county
road to Lot M or Lot 1.
2. The middle access road, the centerline of
which is described on vxnibit C, shall be terminated by Jack -
r : L
Pate, owner of Lot P, approximately in the middle of Lot P
and shall remain in place from suck. point of termination to .
s' the county road as a nonexclusive easement for access _ -:to - -'
` Lot P, Lot 2 and Lot R for their mutual uses and benefits. V
+ 3. Godfrey, an owner of Lot M, and the Landises,
as owners of Lot 1, agree that access from the county road
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to their respective 'lots � or pareela 'shall be solely the F •A "_C =
"'20- foot -ride easement for the upper access road, described >''.s
s on Exhibit ..D. :- The parties hereto hereby dedicate the C. a •
k - r'.20- foot -ride easement for ,the upper access road as legally
Y+,
1 daacribed in Exhibit D attached hereto as an easement across'+' n
their respective lot or parcel above described as an access b
or utility easement for the use and benefit of,the . ra of � '
Lots 1 and M �..
.y..�= 4:'• 'Landises may apply for Broad cut perait to
realign the_.,entrance of such upper Access road onto the , ?;
+yiR -c Woody Creek county road at a point near the most northeztt'� },
portion of the :east side lino of the Little Texas Subdivi
av f` sion west of the original -road cut. The Landises shall have
the right w" ;hln,the limits of the easement described in
Exhibit D 'L/,imptove -the upper roadway and perform any
y' construction or maintenance work on the upper roadway from
'- time to time as shall be reasonably necessary or desirable
to maintain the road in acceptable condition for use for
' year around 'access at the sole expense of - tbe Landises.
This shall include but not be limited to the right to
- :regrade, excavate, widen, resurface, gravel, oil, pave, jY
straighten or realign the roadway, provided that any ouch _ _ ".a an, s•
work shall be done in a sound engineering manner and at a
reasonable time and in an efficient manner so as to minimize
interference with use of the road. Godfrey shall have the
• right but not the obligation to make or participate in
making such improvements._;,,,,
"- S. Godfrey and Pate shall have a perpetual
nonexclusive easement along and across the upper act as road
- described in Exhibit D and further acro:a the property of
Landises along the ten -foot access easement described in
Exhibit E for access for ingress and egress to the lower or.,
river level of their property. -
6. Landises may, in their discretion, grant to
Rick Newton, the owner of property to the north and west of
Landises' property.., a ten -year renewable nonexclusive �a
,. license for ingress and egress to one single- family dwelling - -
;,..� located on his property via the upper roadway provided the
i use thereof is limited to the level and type of traffic
j normally to be expected to access one house and provided
' - Rick Newton agrees to abide by such other reasonable
conditions :n use thereof as the Landises may impose,
including a requirement that he share crate of improvement,
maintenance and snow plowing of the upper roadway with the
randises, a
7. This agreement shall be a covenant running
'•-f with the lands or parcels herein described and shall be
binding on the parties, their heirs, successors and assigns.'�.:
G2 - ,. -2-
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S'... STATE OF C. se. .. t _._r ;. r } • #�
*±
COUNTY OF
1 t Acknowledged before maC/ Z2, 1987,
•l PETER E. GODFREY r-
JR. - -
S
J�, OTA comdission expires
fj N s A - r Wtjneee my hand and official seal.
ry;, x.
,. �, to Notary ruolic
I ,4
111 STATL' OF
COUNTY OF
a .'
Acknowledged :� baf ra, me �_ .
1987, by LEORA PATE ANDREW. t
My cocmission expires -,
° my hand and off cial anal.
x , y -
otary c v R
0
r14 l " 7� j � A�X'^ * �`'"�`✓ 1 �}... t A f st rc,. lw"s -� y 6 ,
t c ,.-�* rt � t ad�r "'�i�y i �'a y#•� f n ); g'� ,
3 � - r T* �R � � c
• J � 4 G �' � r i+
: ■
Of
I W
B5689A
.6uLL. 570 PmM
Rw Dmmrm7m Amm rDr m xh-m mr i
A road situate in Section 16, Township 9 South, Range 85 West Of the 6th
Principal Meridian being nore particularly described as follows:
Beginning at a point on the easterly sideline of a tract of land known as
Lot M, Little Texas Subdivision, said Tract being described in Book 412 at .1
Page 529 of the records of the Clerk and Recorder of Pitkin County, Colo- I
rado, *hence the N 1/4 corner Of said Section 16 bean 03 W
2288.65 feet{ thence N 00*49 W 43.91 feet{ thence N 41'15'58" W 33.40
feett thence N 57'30'12" IN 55.48 feet! thence N 64*22 N 3.02 feet to
the westerly sideline of said Lot M; thence N 64*22 W 41.96 feet to the
point of ending.
EXHIBIT
I
TO: County Attorney
FROM: Ellen Sassano, Planning Office
RE: Powell 1041 Minor Hazard Review
DATE: May 28, 1991
----------------------------------------------------------------
----------------------------------------------------------------
Attached for your review and comments is an application submitted
by Dan Powell requesting approval of a 1041 Minor Hazard Review.
Please return your comments to me no later than June 4, 1991.
Thank you.
y�
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ASPEN /PITKIN PLANNING OFFICE
130 South Galena Street
Aspen, Colorado 01611
(303) 920 -5090
LAND USE APPLICATION FEES
City
00113
00125
00123
00115
i County
00113
00125
00123
00113
3250 -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:
-63340 -205
ENVIRONMENTAL HEALTH
-63340 -190
HOUSING
- 63340 -163
ENGINEERING
SUBTOTAL
- 63160 -126
- 63170 -127
- 63180 -128
- 63190 -129
-63200 -130
- 63210 -131
£ -132
-63230 -133
-63450 -146
REFERRAL FEES:
-63340 -205
- 63340 -190
-63360 -143
PLANNING OFFICE SALES
00113 - 63080 -122
- 63090 -123
- 6 3140 -124
- 69000 -145
,U U P:.) 2 -2
Name:
Address:
Check It . --
Additional billing:
GMP /GENERAL
GMP /DETAILED
GMP /FINAL
SUB /GENERAL
SUB/DETAILED
SUB/FINAL
ALL 2 -STEP APPLICATIONS
ALL '_STEP APPLICATIONS/
CONSENT AGENDA ITEMS
BOARD OF ADJUSTMENT
ENVIRONMENTAL HEALTH
HOUSING
ENGINEERING
CITY /COUNTY CODE
COMP. PLAN
COPY FEES
OTHER
SUBTOTAL
TOTAL
Phone:
Date:
#of Hours
iRw f it
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J. D and DOROTHY J. POWELL
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PROVERTY DESCRUTfON
A Traci "f Wad situate in Section 16, Township 9 Routh, Uanqe�
85 Went of the 6th Principal Meridian being more particularly
descrLhed as butlows�
Beyllnuilaq •L a puint whence the KIN corner of Gownrnment Lot 9 of
Sowtion 16 Warm N. 03 desqrrt"s ?I mi.nutes 03 secowls K 1572.81.
tuat ; Thenco A. bO dw p man IN w qn -vn,nds E, 124 40
he to a rebAr and cap; Lheoc, S. 1 2 deqx nan U4 minutin OU
mvronav W',17C44 foot to a 9"1 ).k and cap, thence S. 29 d"qte"''i
01 mvnuLy" 00 o"conds W, 1 80.40 f-sh ?o I a bank of the Rn"ring
nork Rivor; thanan N ."0 deqrQos 41 minions OU s":vsndn W,
il.98 Net Aonq Cho riv"v hank� 0 henco N. 34 Kqraes 49
us i in-li vN Oil neco"da E. 6 1.93 Ant to the reba r and cap theric e
N- 0 5 deqrnen 58 vinutos '19 anc 14, 21 78 test to 4 r•r ='l
Cljp, Ctriis,'a N, 23 deqrmms 08 mLoates 07 Anconds W. Q.15 `e +:
no t z0barand cap; thence N. QH degreeg U minsaces 00 secanK
2—"U, 0 Wt to a rehar and co thance N. 36 degreei W
WOMAN 44 seuonds N. 76.92 fopi to a rebAc 4nd cap; thancl N,
Q dogrv"n 13 minutio 33 seconan 1. 23,29 toot to a rehar ind
cap; thence N." i it-risrues 43 lzitnutyu 50 ouncads E, 10,A2 toot
A raho r W sag; 1harsav S, 18 degrees 4L minutes 14 S-cu ha
u:a vv,ost an r to a ;"bA and cap; thence N. 03 deqrown 42
minutes OU seconds R. 96 .73 fe"r ;Q she po 1 a Q w iqhnn "
1411AI4 " V ok PA:XIA, Vals ot Colorado
" 'Y"/ 4 V0 V*%K QUO QVQ VU(K WP 4000y nuov, 1165ts
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DAVIS PIRM ("V!,00 WORKIR
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APP[ U ANK At KNOWLPDGE rHA f IHFY HAVY BUKiN
INPONPIt 1) lot PI iKiN COUNTY OF FHR FUSIENCL,
01 "!Onl HA/APD ARIVAS" rHAf MIGHT All Filf
11H WOPPidly, ANY IMPROVEMENrs, AND 113( t 4L
AND , ( , I - Of ,
)AN N&H 1 C 0100 HI X "OW
KCAU IN VUEL
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Plu ZuqS- I
POSI
Lot I We %urvey 6 lopoqralKin GunLrol by Schnitieser QvAian Meyer, Wc,
LOY "M", I URF TEXAS SUMUNSPON May 1,
W, W , l"h f' . M 001so10t's
RW 10W
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