Loading...
HomeMy WebLinkAboutpitkin.planning.273501304002 (2)DOCUMENT 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) RECEPTION #: 590269, 06/29/2012 at 10:47:16 AM, 1 OF 3, R $0.00 Doc Code ADMIN DECISION Janice K. Vos Caudill, Pitkin County, CO ADMINISTRATIVE DECISION OF THE COMMUNITY DEVELOPMENT DIRECTOR OF PITKIN COUNTY, COLORADO, GRANTING THE ESTATE OF BARBARA INGALLS SHOOK SITE PLAN AND SUBDIVISION EXEMPTION FOR A MINOR PLAT AMENDMENT APPROVAL Administrative Decision No. 2012 RECITALS The Estate of Barbara Ingalls Shook (hereafter referred to as "Applicant ") has applied to the Community Development Director of Pitkin County ( "Director ") for Site Plan approval for construction of pond and stone walk on a vacant lot. Because the previously approved envelope is recorded on the Sickels Subdivision Plat, a Subdivision Exemption for a Minor Plat Amendment will also need to be processed. 2. The subject Lot is legally described as Lot 2 of the BOCC approved Sickels Subdivision and is located at 1170 Willoughby Way. The Lot is within the R -30 Zone district and is approximately 1.623 acres in size. PID #: 273501304002. 3. The Sickels Subdivision Plat is recorded at Plat 19 Page 60 (Reception No. 288789) and is subject to BOCC Resolution No. 87 -19 (Reception No. 286371). Most recently, the Lot received approval for an Activity Envelope, Site Plan, and Subdivision Exemption for a Minor Plat Amendment for construction of a single family residence pursuant to Hearing Officer Determination No. 10 -2008 (Reception No. 553810). There is no Site Plan associated with this approval. The Applicant proposes to use the previously approved Activity Envelope for the current Site Plan proposal. 4. The application was referred to the Zoning Officer for referral comments. Comments were received and are incorporated into condition below. The affidavit of public notice was mailed on May 2V', 2012 to property owners within 300' of the subject property. Public notice was published in the Aspen Times on May 241', 2012. No objections were received within 30 days. 6. The Director finds the proposal is consistent with the requirements for Site Plan Review and a Subdivision Exemption for a Minor Plat Amendment. APPROVED by the Director, subject to the following conditions: The Applicant shall adhere to all material representations made during the application process. 2. Prior to submission of any future permit applications, the Applicant shall be required to submit for approval by the County Attorney and Community Development a Site Plan and Plat Amendment that illustrates the Activity Envelope and all development within that envelope in accordance with Land Use Code Section 2- 30 -20(g) and Application Manual Section 2.1.12, and 2.1.13. The above referenced approvals shall be a condition precedent to finalization and recordation. Page 1 of 3 g3401e- 3. Landscaping in the form of berms shall not exceed four feet from the most restrictive grade. Any development located within setbacks mandated by County zoning regulations shall require a variance from the Board of Adjustment. Approval of a landscape envelope within such setbacks does not assure approval of a variance. 4. The Applicant shall submit for an Earthmoving Permit for the pond and landscaping that includes the following items: a. All plants used in landscaping shall be native plant species. Native riparian species shall be used in and around the pond. b. All overflow structures shall be engineered; c. If disturbance exceeds I acre, a state stormwater permit shall be acquired and provided; d. A large scale construction management plan shall be prepared and submitted; e. Tree mitigation plan for trees 6" d.b.h. or greater that are removed. Dead/dying trees do not require mitigation; f. Best management practices shall be employed with regard to drainage and erosion control; g. Fruit bearing trees are prohibited. h. Documentation of adequate water rights for the pond. 5. No development shall occur outside the approved Activity Envelope. 6. There shall be no landscape lighting. 7. Prior to commencement of construction activity, the Applicant shall stake the corners of the envelope and install construction fencing around the construction site within the perimeter of the building envelope. The fencing shall remain in place until issuance of a Certificate of Occupancy. All areas disturbed by construction shall be revegetated with native shrubs and grasses within one growing season of the project's completion. 9. 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, § 2 -20 -170 and C.R.S., § 24 -68 -105. The statutory vested rights granted herein shall expire on June, , 2015. 10. The Applicant shall adhere to all material representations made in the current or prior applications or Page 2 of 3 t--► s _ ZO 12 in public meetings or hearings and shall consider those representations to be conditions of approval, unless amended by other conditions. 11. Failure to comply with the conditions of this approval may result in revocation of this approval, or any subsequent permit(s) or approval(s) related to this property, or vested rights associated with this property. PUBLISHED AFTER ADOPTIOl_'OR VESTED REAL PROPERTY RIGHTS in the Aspen Times Weekly on the _)rr) dayof,,�UJW 2012. APPROVED by the Director, this 2,?tt -,day of 72012. Cindy Ho en Community Development Director PID# 264322400010 P044 -12 Page 3 of 3 Site Plan Review and Minor Plat Amendment Application P I D # 273501304002 7 May 2012 Applicant: Elesabeth Shook Location: 1170 Willoughby Way Lot 2, Sickles Subdivision An application for Site Plan Review and Minor Plat Amendment for the reconstruction of an existing pond. Represented by: STAN CLAUSON ASSOCIATESiNc t landscape architecture. planning. resort design 4 412 North Mill Street Aspen, Colorado 83611 L970/925 -z3z3 f.97o /9zo -1628 info@scaplanning.com www.scaplanning.com 00000.E 0-f'5-q TABLE OF CONTENTS ■ Project Overview and Code Response ■ Attachment 1 - Vicinity Map ■ Attachment 2 - Site Plans ■ Attachment 3 - Draft Amended Plat of Lot 2, Sickels Subdivision ■ Attachment 4 - Proof of Ownership ■ Attachment 5 - Letter of Authorization ■ Attachment 6 - Parcel Descriptions ■ Attachment 7- Recorded Final Plat of Sickels Subdivision ■ Attachment 8 - Proof of Adequate Water Rights ■ Attachment 9 - Previous Approvals ■ Attachment 10 -Adjacent Property Owners ■ Attachment 11 - Pitkin County Community Development Department Agreement for Payment Land Use Application Fees ■ Attachment 12 - Pre - Application Conference Summary, dated 30 April 2012 Shook 1170 Willoughby Way, Lot 2, Sicides Subdivision PID #: 273501304002 7 May 2012 000002 Project Overview Elesabeth Shook (the "Applicant "), submits this application for Site Plan Review and Minor Plat Amendment for the reconstruction of a pond located on Lot 2 of the Sickles Subdivision. The existing pond will be reconfigured for safety and aesthetics, and various landscape improvements will be made. The pond is located within a previously approved Activity Envelope, approved as a part of a Site Plan Review for a single family residence by Hearing Officer Determination No. 10 -2008, reception number 553810, recorded 10/28/2008. The Site Plan and Activity Envelope were not recorded, and the approved residence has been replaced by the current pond and landscape design. There have been no zoning amendments that would affect the approved Activity Envelope, the approval for which has not lapsed. The pond and landscaping improvements will occupy the area once contemplated for the home. The Applicant will record the previously approved Activity Envelope following Site Plan Review approval for the pond. Because the initial Sickles Subdivision plat shows a Building Envelope for Lot 2 that will be superseded by the new Activity Envelope, an "Amended Plat of Lot 2, Sickles Subdivision" is also provided with this application. Shook, 1170 Willoughby Way, Lot 2, Sickles Subdivision PID #: 273501304002 Page 1 7 May 2012 000003 Land Use Code Response 7- 10 -50: SITE PLAN AND ACTIVITY ENVELOPE (a) The intent of this Chapter 7 is to allow activities and development to take place where they comply with the provisions of this Land Use Code and with the Pitkin County Comprehensive Plan for the area. Compliance will generally involve avoidance of "Constrained Areas" through the identification of an "Activity Envelope," as well as approval of a Site Plan. For purposes of Chapter 7, ` Constrained Areas include all areas included in each of the following categories, as defined and regulated by this Land Use Code: (I) Areas of Statewide Interest listed in C.R.S. 24- 65.1 -101 et. seq.), (ii) steep and potentially unstable slopes, (iii) water courses, drainage channels, and areas subject to erosion, (iv) floodplain hazard areas, (v) geological hazard areas, (vi) severe or low to moderate wildfire hazard areas, (vii) wildlife habitat areas, (viii) river and stream corridors and wetlands (ix) irrigated lands for food or crop production, (x) historic preservation areas, and (xi) archeological resource areas. The proposed pond complies with the provisions of the Land Use Code and with the Pitkin County Comprehensive Plan. The proposed pond avoids constrained areas and will be completely contained in an activity envelope approved by Hearing Officer Determination No. 10 -2008, reception number 553810, recorded 10/28/2008 (the "Approved Activity Envelope "). An amended Sickels Subdivision Plat incorporating the Approve Activity Envelope was not recorded. However, the approval has not lapsed and not zoning amendments have been adopted that will affect the approval. Following Site Plan approval for the pond, the Applicant will record the "Amended Plat of Lot 2, Sickles Subdivision." (b) The Site Plan process incorporates an "Activity Envelope" approach in which the County staff works with the applicant to determine which portions of the site (if any) would permit the proposed activity or development to be conducted in compliance with this Land Use Code and in conformity with the Comprehensive Plan for the area. In general, this process will involve both a determination of (1) which portions of the site are not available for development because of the existence of Constrained Areas, and (ii) of the remaining portions of the site, which areas would accommodate the activity or development so as to minimize impacts on surrounding properties, maximize compliance with the requirements of the development standards in this Chapter 7, and maximize compliance with the Comprehensive Plan goals and objectives. The proposed pond avoids constrained area and will be completely contained in the Approved Activity Envelope. (c) In general, the defined Activity Envelope for development of primary uses shall be large enough to accommodate the proposed principal use of the property and traditional permitted accessory structures, infrastructure (roads and septic systems), and uses, but should not be significantly larger than the area needed for such structures. In the case of a site with few Constrained Areas, the defined Activity Envelope may include more than one potential building site for a new single family home. The defined Activity Envelope may include non - contiguous areas (including separate areas for septic fields, landscaping, driveways to public roads, mitigation measures required in connection with any provision of this Chapter 7, and /or areas to be disturbed only during construction on the properly - including staging areas and materials storage areas). Construction of trails will not require an Activity Envelope analysis except as required by Sec. 7- 20 -50. Shook, 1170 Willoughby Way, Lot 2, Sickles Subdivision PID #: 273501304002 Page 2 7 May 2012 9M The Applicant no longer intends to construct the previously approved single family residence and instead proposes reconstructing and improving upon the existing pond. The Approved Activity Envelope will contain the reconfigured pond. The Approved Activity Envelope is appropriately sized to accommodate the proposed pond. No structures are proposed to be provided, and only infrastructure and landscaping relating to the pond will be provided. All activity will be contained within the Approved Activity Envelope. A Construction Management Plan has been made a part of this application which outlines the areas to be disturbed during construction. (d) Clearing, grading, grubbing, earthmoving that exceeds fifty (50) cubic yards, or changes in the natural drainage of the site shall occur only after an Activity Envelope has been defined and all applicable local, state and federal permits have been obtained. In addition, Site Plan Approval is required if these activities will occur on a property within a Scenic View Protection Area. All clearing, grading, grubbing, and earthmoving that exceeds fifty (50) cubic yards, or changes in the natural drainage of the site will occur only within the Approved Activity Envelope and any applicable local, state, and federal permits will be obtained. The property is not located within an identified Scenic View Plan area. (e) Activity Envelope and Site Plan Review for a Stream Restoration Project shall adhere to all development standards in 7 -20 -40 and 7 -20 -80 and shall be reviewed by the BOCC as set forth in Table 2 -1. This is not a Stream Restoration Project. (f) Once an Activity Envelope has been defined, the natural grade, topography, vegetation and drainage of areas outside the defined areas shall not be disturbed except as specifically permitted in this Land Use Code. Prior to any development activity on the parcel, the boundaries of the Activity Envelope shall be identified with construction fencing, and such fencing shall remain in place until development has been completed. The natural grade, topography, vegetation, and drainage of areas outside the defined Approved Activity Envelope will not be disturbed except as specifically permitted in the Land Use Code. Prior to any development activity the boundaries of the Approved Activity Envelope will be identified with construction fencing. The construction fencing Will remain in place until the development has been completed. (g) While it is preferable to obtain approval of an Activity Envelope as part of the Site Plan approval process, applicants who are not prepared to submit a Site Plan for a specific structure may request approval of an Activity Envelope separately. Prior to the issuance of a Development Permit, the applicant shall be required to apply for and obtain approval of a Site Plan confirming that the proposed development is consistent with the defined Activity Envelope and with other standards in this Land Use Code not considered at the time the Activity Envelope was defined. This application is for Site Plan Approval for the construction of a pond within the Approved Activity Envelope. The proposed development contemplated with this application will be contained in and comply with the Approved Activity Envelope and with other standards of the Land Use Code that may not have been considered at the Shook 1170 Willoughby Way, Lot 2, Sickles Subdivision PID #: 273501304002 Page 3 7 May 2012 au 0 J 5 time the Approved Activity Envelope was defined, though the Applicant is not aware of any code amendments. 7- 20 -10: SITE PREPARATION AND GRADING (a) Grading and Fill Placement Grading and filling on a site shall take place only within a defined Activity Envelope. All grading and fill placement that exceeds fifty (50) cubic yards shall be indicated on the Site Plan. All grading and filling on the site will take place within the Approved Activity Envelope. All grading and fill placement that exceeds fifty (50) cubic yards is indicated on the Site Plan provided with this application. (b) Clearing, Grubbing, and Vegetation Removal Clearing or grubbing of land, or removal of vegetation shall take place only within an approved Activity Envelope, except removal of noxious weeds and 10 or fewer dead or diseased trees of a caliper of 6" d.b.h. or greater within a 12 month time period that create a hazard may occur outside of an Activity Envelope. Disposal of dead or diseased trees shall be in accordance with the Land Management Department's policy. Trees removed that contain active mountain pine beetles shall not be stored for firewood. Each Site Plan shall document compliance with the requirements of this Sec. 7- 20 -10(b) and Sec. 7 -20 -130. Clearing or grubbing of land or removal of vegetation will only take place within the Approved Activity Envelope. The only activities which may occur outside of the Approved Activity Envelope will be the removal of noxious weeds and the removal of 10 or fewer dead or diseased trees of a caliper of 6" d.b.h. or greater within a 12 month time period that create a hazard for areas of the property. Disposal of dead or diseased trees shall be in accordance with the Land Management Department's policy. Trees that contain active mountain pine beetles will not be stores for firewood. The Site Plan documents compliance with the requirements of 7- 20 -10(b) and 7 -20 -130. (c) Tree Removal and Mitigation Each tree with six (6) inches or larger diameter at breast height (D.B.H.) that is removed within the Activity Envelope shall be replaced with one (1) or more trees with total D.B.H. at least equal to the caliper(s) of the tree(s) removed, to the maximum extent practicable. Any tree that (i) is diseased, or (ii) is required to be removed pursuant to the provisions of Sec. 7- 20 -60, as those requirements may be varied by a wildfire expert approved by the County, may be removed and no replacement shall be required. All revegetation shall also comply with the Pitkin County Revegetation Guidelines. Required replacement trees that do not survive for at least one (1) year after installation shall be replaced at the owner's expense, and the County may require financial security for such replacement pursuant to Sec. 7- 20- 130(b)(7). Each tree with six (6) inches or larger diameter at breast height (d.b.h.) that is removed within the Approved Activity Envelope will be replaced with one (1) or more trees with total d.b.h. at least equal to the caliper(s) of the tree (s) removed, to the maximum extent practicable. Any tree that (i) is diseased, or (ii) is required to be removed pursuant to the provisions of Sec. 7- 20 -60, as those requirements may be varied by a wildfire expert approved by the County, may be removed and no replacement will be required. All revegetation will comply with the Pitkin County Revegetation Guidelines. Required Shook 1170 Willoughby Way, Lot 2, Sickles Subdivision PID #: 273501304002 Page 4 7 May 2012 IJ6U006 replacement trees that do not survive for at least one (1) year after installation shall be replaced at the owner's expense, and the County may require financial security for such replacement pursuant to Sec. 7- 20- 130(b) (7). Please see Drawing # 1, Site Plan for Tree Removal and Mitigation, for additional information. (d) Protection of Natural Terrain The County Planning Engineer or Community Development Director shall suggest and may require design and construction techniques that lessen or mitigate any physical and visual damage caused by the proposed activity or development to Constrained Areas or to the natural terrain, stream vegetation, and other natural features of the landscape within the Activity Envelope. Techniques shall include, but are not limited to: (1) Revegetation Revegetation and reforestation utilizing native or similar horticultural material, to be completed during the first planting season after construction; where vegetation is removed, it shall be replaced with vegetation that will reach similar density and height to that removed within two (2) years following conclusion of construction. To the extent necessary, revegetation and reforestation will utilize native or similar horticultural material. Revegetation and reforestation will be completed within the first planting season after construction. Vegetation that is removed will be replaced with vegetation that will reach similar density and height to the vegetation removed within two (2) years following conclusion of construction. Please see Drawing #2- Planting and Revegetation Plan, for additional information. (2) Topsoil Removing and saving topsoil prior to any grading or excavating and replacement for revegetation. Any topsoil that is found on site will be saved if possible. If it is not possible to save the topsoil, the topsoil will be taken to the Pitkin County Landfill for reuse. (3) Weed Prevention Weed prevention, thistle management, and prohibition of non -native plants, which may include reducing animal damage to vegetation cover, as determined by the United States Soil Conservation Service Soil Survey. A maintenance /management plan is in place and shall remain in place for the property to prevent weeds from becoming established and which will provide for thistle management and the prohibition of non - native plants as determined by the United State Soil Conservation Service Soil Survey. (4) Utility Installation Locating and installing utilities in a manner minimizing damage to the natural environment and scenic quality. No utilities are contemplated to be provided as a part of this application. Any electrical service for pumps relating to the pond will be underground. (5) Erosion, Sedimentation, and Stormwater Management Shook, 1170 Willoughby Way, Lot 2, Sickles Subdivision PID #: 273501304002 Page 5 7 May 2012 (a) Land uses shall: (1) Not cause erosion problems and, if practicable, retain all soil on site; This plan has been designed to not cause erosion problems by minimizing the existing steep cuts and fills that resulted from the construction of the existing pond. The pond will be reshaped with shallower banks and a variety of slopes within the pond that add safety ledges and shallow areas for planting. Soil moved on site shall remain on site as much as possible, and will be used to reshape the pond. (2) Minimize disturbance of natural vegetation and soil cover; Disturbance of natural vegetation and soil cover will be kept to a minimum. (3) Ensure that all cuts and tills are adequately designed and vegetated to control erosion as well as stability of the slope area; The plan for the reconstructed pond has been designed to minimize the existing steep cuts and fills that resulted from the construction of the existing pond. The goal is to reshape the pond with shallower banks and a variety of slopes within the pond that add safety ledges and shallow areas for planting. (4) Ensure that natural drainage patterns are preserved and protected from increased water flows that subject existing channels and adjacent areas to increased erosion; Natural drainage patterns will be preserved and protected from increased water flows that subject existing channels and adjacent areas to increased erosion. (5) Preserve natural vegetation and soil cover within those buffer distances adjacent to rivers, streams, lakes, reservoirs and wetlands /riparian areas established in Sec. 7- 20 -80. The project contemplated with this application is not located in a buffer area adjacent to rivers, streams, lakes, reservoirs, and wetlands /riparian areas established in Sec. 7- 20 -80. (b) Mitigation measures identified in an approved erosion, sedimentation, or stormwater management plan shall remain in place until revegetation is viable. Mitigation measures identified on Drawing #4 - Drainage and Erosion Control Plan will remain in place until revegetation is viable. Shook, 1170 Willoughby Way, Lot 2, Sickles Subdivision PIN: 273501304002 Page 6 7 May 2012 J0000$ 7- 20 -30: WATER COURSES AND DRAINAGE (a) Applicability The water resources standards in this Sec. 7 -20 -30 are applicable to all development. (b) Encroachment or Channeling The proposed pond is not adjacent to, affected by, or affecting, any other bodies of water. (c) Drainage (1) General Activities and development shall provide for: (a) Historical flow patterns shall be maintained and the natural character of the area as it exists shall be preserved. Historic flow patters shall be maintained and the natural character of the area as it exists shall be preserved. (b) The unimpeded flow of natural water courses and ditches; To the extent they exist, unimpeded flow of natural water courses and ditches will be maintained. There are no water courses or ditches within the area of the activity envelope. (c) Adequate drainage for all low points; Adequate drainage will be provided for all low points, as necessary. (d) A drainage system designed to account for an entire drainage basin capable of accommodating runoff from a proposed development and, where applicable, the runoff from areas adjacent and upstream; Drainage patterns will remain unchanged. Uphill runoff will be accommodated though the provision of six (6 ") inches of freeboard within the pond structure. (e) Maintenance of drainage systems; and Adequate maintenance and drainage systems will be provided. (f) On -site treatment of stormwater by use of best management practices designed to detain and allow infiltration of runoff prior to discharge to any water body. Best management practices for on -site treatment of stormwater will be designed to detain and allow infiltration of runoff prior to discharge to any water body will be employed. Runoff from the site enters the pond as it historically has. Shook, 1170 Willoughby Way, Lot 2, Sickles Subdivision PID #: 273501304002 Page 7 7 May 2012 Juuu01) (2) Runoff Volumes Runoff volumes and peaks within a development site and in areas affected by runoff from a development site shall not exceed the runoff levels attributable to the undeveloped site as determined by a professional engineer licensed in the State of Colorado. Runoff levels will not exceed the runoff levels attributed to the undeveloped site. (d) Groundwater Activities and development shall not result in the introduction of any contaminants to groundwater, or interfere with any recharge area or aquifer. The proposed activities will not result in the introduction of any contaminants to the groundwater, or interfere with any recharge area aquifer. (e) Irrigated Areas Activities and development shall: (1) Not adversely affect the adequacy of water supplies available for the irrigation of agricultural lands; and The proposed activities will not adversely affect the adequacy of water supplies for the irrigation of agricultural lands. (2) Not adversely affect the exercise of any existing and decreed irrigation water right. The pond has adequate water rights and an augmentation plan with the Basalt Water Conservancy District. Information relating to adequate water rights has been made a part of the application. (f) Irrigation Ditches N/A Activities and development shall: (1) Access Provide for access to irrigation ditches by ditch owners and to the public if a ditch is to be, or is part of the Pitkin County Open Space and Trails System or other public property. Access to a ditch on the property will not be affected by the proposed development and is not within the proposed Activity Envelope. (2) Preventing Leakage Ensure that no building shall be constructed immediately downhill of a ditch unless the ditch can be placed in a culvert, lined, or otherwise treated to avoid leakage of water downhill towards the building. No new buildings are proposed as part of this application. (3) Avoid Flooding Design land uses to avoid flooding problems from flood irrigation. Flood irrigation is not proposed to be utilized for irrigation. (4) Avoid Seepage Shook, 1170 Willoughby Way, Lot 2, Sickles Subdivision PID #: 273501304002 Page 8 7 May 2012 L)U00iO Place basements and soil absorption on -site wastewater treatment systems in locations where they will not be impacted by flood irrigation or seepage from irrigation ditches. No structures are proposed as part of this application. (g) Sedimentation Activities and development shall: (1) Control During Construction Provide adequate sedimentation control throughout all phases of development. Adequate sedimentation controls will be utilized during all phases of development. Please see the Construction Management Plan and the Drainage and Erosion Control plan for additional information. (2) Sedimentation Retain sediment produced by soil disturbances on site where the disturbance occurs and prohibit run -off into any water body, wetlands, or riparian area. Sediment produced by soil disturbances on site will be retained where the disturbance occurs. Please see the attached Construction Management Plan for additional information. (3) All disturbed areas shall be re- vegetated within one growing season. All disturbed areas will be revegetated within one growing season. (h) Water Quality (1) All land uses shall comply with those setbacks required by Sec. 7 -20 -80 and those setbacks required by Table 5 -1. All land uses will comply with the required setbacks as required by Land Use Code. (2) Activities and development shall comply with all state and federal statutes and regulations concerning the protection and enhancement of water quality (including but not limited to the requirements of all state and federal permitting programs). All activities and development will comply with all state and federal statutes and regulations concerning the protection and enhancement of water quality (including but not limited to the requirements of all state and federal permitting programs). Approvals relating to the availability of water for the proposed pond are attached as part of this application. (3) Activities and development shall be consistent with maintenance of the Stream Classifications for the Roaring Fork River watershed, as identified in Section 208 of the Roaring Fork Watershed Management Plan, and shall comply with state regulations pertaining to maintenance of those classifications. Activities and development will be consistent with maintenance of the Stream Classifications for the Roaring Fork River watershed, as identified in Section 208 of Shook, 1170 Willoughby Way, Lot 2, Sickles Subdivision PID #. 273501304002 Page 9 7 May 2012 r",­ ,) U i the Roaring Fork Watershed Management Plan, and will comply with state regulations pertaining to maintenance of those classifications. (1) Efficient Water Use Activities and development shall emphasize the most efficient use of water, including, to the extent permissible under law, the re- cycling and reuse of water. Water efficiency will be emphasized in the proposed pond. The pond shall be fully lined and protected from damage that would cause leaking. The Waterfall is re- circulating and will be contained within the liner. Shook, 1170 Willoughby Way, Lot 2, Sickles Subdivision PID #: 273501304002 Page 10 7 May 2012 UUUUi2 UJ Z g 0 L) ,�• 000013 LL Z 2C Y Z II Z LLI 0- 10 Z, 11 CL O Attachment 1 ez Er ou re 0 !Z LU rx LU Lu LU Z LLI, Z, M U. it z uj LLI (Q LU W II or z aU CD CD II TREE REMOVAL AND MITIGATION e,e ram OBH k kmu z .tlr ®H eM. w 1 M tl OBH t 2 BNe Fpk«Pw tle•OBH ] wwatlewtlAtl. d H 1 cne:i tf;.. emc weaea at a rats of 6 -5 Iba per 1000 } with Pe—lah need AM.11 ator- Gre — end flowers xtU be seeded to a patchwork petters Plant List EA Ynpxu Reek Gw. 9p Me Mb ANeM1 M A.1 A.- NbrP O.nu «m Kwon tweet B .IIk OM Puei mM S.M. shoe Blow Seeum Swun seam He. Swan Vbk «nk. N.tM Vbkb wtiv Ab. ken wN atl ae". pi lew bm 'aiw ew«a �...._.� - I«. wtla wi...or o «.eek« A«a.p ektlstl ea. awe d.tl.w..ana «r.«n.p.mbt 'i Ag S� / / / / t N <s9'0 / / t \ / A. DESIGN �Gnxoe+ $I'IE DEYEWPAo-TT Attachment 2 °. F v a JT /,I.d.e -f- -�•_.1 A' '. —�p _ ° 4 n? - - - --"� �'4 ---Y— A. Aa' I'll -- Aay Disturbed are a�l all be R seeddd with Native Sedd, Be. See Lisa \ \ \ t ercussC�zmbelil des 0 I Y ^� O ° Ai. nN - Phs Y.oc d \ C AV 3ygy / r \I /1 \ \8 / *sPo \ .«wsnw,n. Ie v td ses« -pk «y2 � 0 \ /I I t �, I / I A... Imaa. — sae w...e.u..lo 9 7 Bu rOR «. R«. k— WM. a10 Edge Of / —p ,Atlid� // \ .. a Raw BcIBn / .p . / I I I 1 �92G_,ep o andscaping a�`� 10 I \ \ 1 / 1 \ 1 \ \ tiAt' �\ 10,�\ \ d� 1 �\ Reol ca aqeh�/• i e of 4 ^,.r Crendident.i. g� IB IR _ / / `� •` \ \j/ 11 11 � 1\ \ \�,t E><7DtiaQ Trges `� \0 \ \q 2 s v�T0 BeNlemove� \ \ .\dO\ '.G! O 1 I n \ \°y / / ♦ \\ \\ \�y `\ o� \ \ \ \ 2a\ g \ d b GRAPHIC SCALE h 'o ( D1 nett) 1 Inch - 10 R E S C A P E DESIGN �Gnxoe+ $I'IE DEYEWPAo-TT — ----- - - - - -- - -�..`�. �^!�g AR 07%11 nro`E ma�eo-aTSS rns mwsxaosm 1'2�,14' Blue Spruce \ Aa' I'll -- Aay Disturbed are a�l all be R seeddd with Native Sedd, Be. See Lisa \ \ \ t ercussC�zmbelil des 0 I Y ^� O ° Ai. nN - Phs Y.oc d \ C AV 3ygy / r \I /1 \ \8 / *sPo \ .«wsnw,n. Ie v td ses« -pk «y2 � 0 \ /I I t �, I / I A... Imaa. — sae w...e.u..lo 9 7 Bu rOR «. R«. k— WM. a10 Edge Of / —p ,Atlid� // \ .. a Raw BcIBn / .p . / I I I 1 �92G_,ep o andscaping a�`� 10 I \ \ 1 / 1 \ 1 \ \ tiAt' �\ 10,�\ \ d� 1 �\ Reol ca aqeh�/• i e of 4 ^,.r Crendident.i. g� IB IR _ / / `� •` \ \j/ 11 11 � 1\ \ \�,t E><7DtiaQ Trges `� \0 \ \q 2 s v�T0 BeNlemove� \ \ .\dO\ '.G! O 1 I n \ \°y / / ♦ \\ \\ \�y `\ o� \ \ \ \ 2a\ g \ d b GRAPHIC SCALE h 'o ( D1 nett) 1 Inch - 10 R E S C A P E 000014 Shooks Nook— Sickels Lot 2 1170 Willoughby Way Planting and Pe- Vegetation Plan Date 4 -12 -12 Revisions 4 -30 -12 Drawing # 2 d,e DESIGN �Gnxoe+ $I'IE DEYEWPAo-TT A]0.3700 JAX 07%11 nro`E ma�eo-aTSS rns mwsxaosm 000014 Shooks Nook— Sickels Lot 2 1170 Willoughby Way Planting and Pe- Vegetation Plan Date 4 -12 -12 Revisions 4 -30 -12 Drawing # 2 d,e G �zc- 9J5.98 .1 EC °Ie may/, ,c�t� .. ,'..g -.i ^ �t e • 'o.' :�`.•7! .'.' a, , r� ry �•�/` r -+P Ds3,93. ° .I I d ... /�1[ /�li • •�' / - - -_ -- / n 4 / c • .I P �II T e : y \ .N ,j ^a a �• ! ^�o _ ` ''•'/•': 'j t \�.��•;':%:C,�.��•4'.r,.:::.�.; . A.-"�t -4, ' 1 Draea�� Id A F a /. . •4.° i'-'�-- �O -'ll aw•a�.•. .1•' - -- _"� ^^° �'/� a .. �`",.•,t .-G :•i. Notes: oMe a, 1. �� _ _ �\ •� •:. •:j,• Is y •.L 'e I , 1.4 1. The location. of the wok Is e significant distance we from any watercourse.. ^. o AAppprroppriiatearo... m nhall be taken to prevent sediment from leaving the - _ _ / / \ `' �` `� •: : .�• e l / u _ \ - / / \ y O v cam... 2.Tha area of disturbance for this project H 8.722 sf pwe minimal aiaenrbaaae W a•'d 1 .. `r �W \\ a �� ���' \\ / / �� nn. 03�0 See .plan access. for HM Pe. Silt fence, hay bales and dust control shall be Implemented. n' ��\ �� _ �� -"` 'N,, H - /T / Trueks shall be cleaned off before leaving the site. 4.L, term stabiu :atinn wiu be aen _ / .. `- _ _ _ --�� �' \ ^ / 'y \ \ 1 Car e Q ng ompllshad with boulders. + \ / _ _�„ -... - 5.AN nder construction tly exist as lawn or pond. The rpnregetatioa / / l $, ° \ /! \ '-- - -- - -- --'-' \ a.m R°9 plan will be ns shown 1n the Planting and Re- Vegetation Plan and wll�conslst of trees. shrubs. perennials d lawn. No invasive species will be used. Native plant. shall be used [or all plantings outside of the G" edger. Any areas / 0 4 / 4 / •� \ Om 'cN - _ .p disturbed for access hell be re- vegelnted with native grass seed and native / °', •' \ ii plants. see Construction Management Plan., s F g.We shall be Installed t the beginning of construction. e 7. Water hell be used for dust control, clean up and tabli shment of plant / / w\O _ o _ _ material. Watering shell be attended at all times. Water will only be used /n '-� , %♦ ° - - - \`16 d✓// �s \ / / y when n / ..W"' ^ \ S.There ,h sae a cleanout location on Bite for non -storm water discharges. 1 /091• O I \ {\ ' 9.Poad Drainage for Maintenance and Construction shell be accomplished soar I /zbzg�715 b ! r 'or °'� r- _ '• +�Y19�_ \\ qAa� , \ ,o. period of several weeks and shall be widely dispersed over the landscape m a , / //0 \ 1 / O �\ ( 0 �� - � - y \\ 8 \ �^e irrigation. 1 % \\ \ mo ` /•%/ \` ♦\�r` \\ \\ \ \ \x n°A Alf- 'a GRAPHIC SCALE j \\ / ,\k\ O ' rf /O� / \ - 4 cd OR \ \ \A Ory�J�J __ .. \ \ \ \\ \ \\ \\ \\ 1 �ah`k� � y�Y �O _ oy J� " ` \\ A I\ \\ ^^, / i P1 '� ♦1 �' 1 ` ` I$ \ ±O 9 �� �� \� % Edge of Landscaping � _�-- _- ! I I I to \ 1 �,� ` �.' ♦ ♦\ \ \ /I I I I \ 5 ♦ ♦ ♦ \'X r 1 \I \\ \ \ 1 \ \ \ \ 1 * NO CONCRETE IN PROJECT, UT- CLEANOUT LOCATIO14 WILL BE S I 1 \\ `\ `\ �� \ \ \ • \ SHOWN ON CMP SHOULD `IT _ _ _ _ 1 11� \\ \\ \\ \ ° NEEDED r 1 I \ \ \o / kTo Be \Removed \ \ \ \ \ 14 /\ \ �� \ \\ $ILZ'�NG \ ROLL\,' / ``\ \ \\ ` \\ ` \ \a ` \\ \ \\ •�� \` `\ •190 \ \ e E S C A P E C.4nom MiGN Srm DlN11oP?`M%7 UU001. xtzt.4Aec wseev,cowa Zi9u P/ID.♦2: t9',0i9 ?Ol: W F,V I97a19_'U 9568 } Found Reba- i^-Gap, Marked LS 20133 7BM Elevation = 7923,92' '�i lye,► _�� • c al�e� j - j Jj ° e• 4. . a _ d4 Shooks Nook— Sickcls Lot 2 1170 Willoughby Way Lirainagc and Erosion. Control 4 cr} d ' 4 ° 4. . .4 Date 4 -12 -12 Revisions 4 -30 -12 Drawing # /j • 9 ; ' lira - y1 � I A Found Reba- i^-Gap, Marked LS 20133 7BM Elevation = 7923,92' '�i lye,► _�� • c al�e� j - j Jj ° e• 4. . a _ d4 Shooks Nook— Sickcls Lot 2 1170 Willoughby Way Lirainagc and Erosion. Control 4 cr} d ' 4 ° 4. . .4 Date 4 -12 -12 Revisions 4 -30 -12 Drawing # /j r1k < 7. .3k A WE,- Walk Alf Londscaping k' _�� ' i__ �N' _A/ /It \o\\ a AGINI STAGING 4 -OUT Vy 'W Shed E S C A P E G.ARDEN DMIGN SITE Danopwm 3124.k� A�i.COLGPLIIIOBIGII rn� 41,%920 17.00 M M.YO-� 15.1 fa-d Raba, ka,*� L 4"aa 4a vl\ o Haut Route A N 02 C, '2735^ 1 5W V. '2 7 a. 4M T14H A.4047 Ft N I­ I T7ZJ T, - 151 41 OAVP "14P %P 01 Shed Bro.d—t a-ded at . at- f 4-5 111. per 1— m mca Accellerator- Graeae. ..d fl—ra will be e.d.d 1. a I k' _�� ' i__ �N' a STAGING 4 -OUT Vy 'W Bro.d—t a-ded at . at- f 4-5 111. per 1— m mca Accellerator- Graeae. ..d fl—ra will be e.d.d 1. a I Shooks Nook— Sickels Lot 2 1170 Willoughby Way CM'r GRAPHIC SCALE IN FEET 1 1n,h = 20 ft. r—d Rabar & A&-b— CV M&*dd LS 201M joa WC & Cl*ty o f A �, 6/5 2G Sc Scal&- 1 "-2 \1 Date 4-12-12 Revisions 4-30-12 Drawing # 3 k' _�� ' i__ �N' STAGING -OUT Vy Shed AM FOOD SHALL BE DIS OF OFF SITE VEJUCLES WAITING TO UNIJDAD SHAL4 WAIT OFF SITE IN AN AREA NOT BLOCKING R�� & C� LS 201JJ TRAFFIC Shooks Nook— Sickels Lot 2 1170 Willoughby Way CM'r GRAPHIC SCALE IN FEET 1 1n,h = 20 ft. r—d Rabar & A&-b— CV M&*dd LS 201M joa WC & Cl*ty o f A �, 6/5 2G Sc Scal&- 1 "-2 \1 Date 4-12-12 Revisions 4-30-12 Drawing # 3 Attachment 3 AMENDED PLAT OF LOT 2 9 SR CCKLES SUBDRVRSR00N PURPOSE: MINOR PLAT AMENDMENT TO RECORD A PREVIOUSLY APPROVED LOT 2 ACTIVITY ENVELOPE VHCHNHTY MAP I- • 500' /I N W+ E S 0 Is 30' 45• 57 SCALE: I " =30' Sul ERICKSEN RANCH \ s \ \ \7.8C \ 'W 7-- 14�?!r \f \_sue• >\ \ CLIAWN ' av /rEAwr EASLBIeNr— J`/ LOT B ACTIVITY ENVELOPE 1� P LOT I SICKLELS A SUBDIVISION � 5 SAN //AT /ON UT /L /TY EA54WNT 900A'515. PAGE 945 f \ � \ c REBAR AND CAP L.B. 20151 .1 . x-99 A 0 e/- 4.4 POST POB 3, 5OF . 5)5 9P LOT 4 PITKIN GREEN SUBDIVISION LOT 14 PITKIN GREEN SUBDIVISION THE CITY OF ASPEN MONUMENT GPS -8 AT GARNISH AND FRANCIS BEARS N 30.34'58'W 5851.95' THE CITY OF ASPEN MONLMENT GPS-4 AT HOPKINS AND WEST END BEARS N 3T 43124 -W 8741.24' 7.0'WC ro wi<<oUG�ey Wq y CERTIFICATE OF OWNERSHIP I. ELESABETH SHOOK. BEING THE OWNER OF THAT CERTAIN PARCEL OF REAL PROPERTY IN PITKIN COUNTY COLORADO. DESCRIBED AS FOLLOWS: LOT 2. SICKELS SUBDIVISION. ACCORDING TO THE PLAT THEREOF FILED MAY 14. 1987 IN PLAT BOOK 19 AT PAGE 60. HAS BY THESE PRESENTS LAID OUT AND PLATTED A MINOR PLAT AMENDMENT TO RECORD A PREVIOUSLY APPROVED LOT 2 ACTIVITY ENVELOPE UNDER THE NAME AND STYLE OF AMENDED PLAT OF LOT 2. SICKLES SUBDIVISION. EXECUTED THIS _ DAY OF . 2012. OWNER: ELESABETH SHOOK BY: STATE OF COLORADO ) ) SS COUNTY OF PITKIN ) SU3SCRIBED AND SWORN TO ME THIS JAY OF 2012 BY AS OWNER OF PROPERTY. WITNESS MY HAND AND OFFICIAL SEAL. MY COMMISSION EXPIRES . NOTARY PUBLIC COMMUNITY DEVELOPMENT DIRECTOR'S APPROVAL THI LOT 13 A AMENDED SICKLES SUBDIVISION PITKIN COUNTY PITKIN GREEN THIS DAY OF . 2012 SUBDIVISION CINDY HOUBEN. COMMUNITY DEVELOPMENT DIRECTOR CLERK AND RECORDER'S CERTIFICATE THIS AMENDED PLAT OF LOT 2. SICKLES SUBDIVISION HAS BEEN ACCEPTED FOR RECORDING IN THE OFFICE OF THE CLERK AND RECORDER OF PITKIN COUNTY. COLORADO THIS DAY OF 2012 IN PLAT BOOK AT PAGE - AS RECEPTION NO. CLERK AND RECORDER SURVEYOR'S CERTIFICATE I. JAMES F. RESER. HEREBY CERTIFY THAT THIS AMENDED PLAT OF LOT 2. SICKLES SUBDIVISION WAS PERFORMED UNDER SUPERVISION AND DIRECTION IN MAY OF 2012. THIS SURVEY HAS BEEN PREPARED WITH I TO 15.000 ACCURACY. THIS SURVEY RELIED UPON A COMMITMENT FOR TITLE INSURANCE PROVIDED BY FIRST AMERICAN TITLE INSURANCE COMPANY.. COMMITMENT NO: S0314491. EFFECTIVE DATE: MAY 19. 2009 AT 8:00 A.M. JAMES F. RESER L.S. 9184 NOTES BASIS OF BEARINGS IS THE SE PROPERTY LINE OF LOT 2. A REBAR WITH CAP L.S. 20151 AND A 4.4 WOOD POST WERE FOUND. SAID BEARING IS S 45'13'38 "W PREVIOUSLY APPROVED ACTIVITY ENVELOPE REARING OFFICER DETERMINATION NO. 0 -2008 RECEPTION NUMBER 553810. 10 -28 -2008 ACCORDING TO COLORADO LAW YOU MUST COMMENCE ANY LEGAL ACTION BASED UPON ANY DEFECT IN THIS SURVEY WITHIN THREE YEARS AFTER YOU FIRST DISCOVER SUCH DEFECT. IN NO EVENT. MAY ANY ACTION BASED UPON ANY DEFECT IN THIS SURVEY BE COMMENCED MORE THAN TEN YEARS FROM THE DATE OF THE CERTIFICATION SHOWN HEREON. Cur r° Arc Oa /l° An /e Chord Ch Beor in Rodiur Ton en/ C/ 53./9 0/'02'7/" SJ. /B' N5J•.i0' /4 -,V 2924.9J' 76.59' C1 BJ. 12 11'19'52' 82.09' S BS'50'04"A1' 152.00' 42. 6J' CJ 22. 17" JB'29'0S' 21.75' S B2' /S'JO "W JT. 00' //. 52' 614 46.94' 61',T1 'S6 4J. /0' N 22'/5'00 E JJ. 00' 29. 45 ' C5 /O. JO" /7'5J'//' /0.26' S ?7'21',TJr. TIT. 00' S /9' AMENDED PLAT OF LOT 2 SICKLES SUBDIVISION BY: AILIPIIN E SURVEYS JAMES F. RESER L.S. 9184 1101 VILLAGE RD. CARBONDALE. CO 81623 970- 925 -2688 DATE: 5 -07 -12 SCALE: I" - 30' JOB NO.: 86 -110 Attachment 4 ► i i IIII III 06/01/20 9 f 10:090 III IIIIIIIIIIII IIII IIII) III IIIII I II�III IIIII I II JANICE K VOS CAUDILL PITKIN COUNTY CO R 6.00 0 0.00 SPECIAL WARRANTY DEED Pitkin Group Investment, Inc., a Colorado corporation, whose address is 3874 Lockerbie Drive, Birmingham, AL 35223, for TEN DOLLARS ($10.00) and other good and valuable consideration, in hand paid, hereby sells and conveys to Barbara Ingalls Shook, whose address is 3874 Lockerbie Drive, Bin-ningham, AL 35223, the following real property in the County of Pitkin, State of Colorado, to wit: LOT 2, AS SHOWN ON THE SICKELS SUBDIVISION FINAL PLAT, RECORDED MAY 14, 1987, IN PLAT BOOK 19 AT PAGE 60 with all its appurtenances and warrants titio against all persons claiming under it SUBJECT TO: General taxes for 2007, payable January 1, 2008; and subject to easements, encumbrances, liens, reservations, restrictions, covenants and rights of way of record, if any. SIGNED this .2,;" day of , 2007. Pitkin Group Investment, Inc. B Barbara Ingalls Sh , Pres' en STATE OF O-Wt k Q-, ss. COUNTY OF C ) The foregoing Special Warranty Deed was acknowledged this ��� day of t'rl aQ , 2007, by Barbara Ingalls Shook as President of Pitkin Group Investme Inc-. WITNESS my hand and official seal. My commission expires: 07 1 h7.12PID 4041/ Notary Public +�*rn�I 182281 0 0 03- 8 .44: Attachment 5 Ms. Elesabeth Shook 1170 Willoughby Way Aspen, CO 81611 If--1iL•]I&b•y.1G�!!f9 V 1 May 2012 Mr. Lance Clarke, AICP Deputy Director, Pitkin County Community Development 130 S. Galena St., 3rd Floor Aspen, CO 81611 Dear Mr. Clarke: This letter is to certify that I, Elesabeth Shook, owner of the property located adjacent to 1170 Willoughby Way, Sickels Subdivision Lot 2, PID# 273501304002, give Stan Clauson Associates, Inc. and its staff permission to represent me in preparing a land use application for the this property. If you should have any questions regarding this matter, please contact me. Their contact information is as follows: Stan Clauson, AICP, ASLA Stan Clauson Associates, Inc 412 N. Mill Street Aspen, CO 81611 Tel (970)925 -2323 Fax (970)920 -1628 Very Truly Yours, T, k A%5� UU00'*' 9 Parcel Detail Attachment 6 Pitkin County Assessor Parcel Detail Information Assessor Property Search I Assessor Subset Query I Assessor Sales Search Clerk & Recorder Reception Search I Treasurer Tax Search Search Basic Building Characteristics I Value Summary Parcel Detail I Value Detail I Sales Detail I Residential /Commercial Improvement Detail Owner Detail I Land Detail I Photographs Tax Area Account Number Parcel Number 2011 Mill Levy 081 R012602 273501304002 6.461 Primary Owner Name and Address SHOOK BARBARA INGALLS 2000 MORRIS AVE #1210 ATTN: LYNDA LEWIS BIRMINGHAM, AL 35203 Additional Owner Detail Legal Description [Subdivision: SICKELS Lot: 2 Location Physical Address: 1 11'70 WILLOUGHBY WY ASPEN Subdivision: SICKELS Land Acres: 1.620 Land Sq Ft:1 0 2012 Property Value Summary Actual Value Assessed Value Land: 5,800,000 461,680 Im rovements: 0 0 a- r 000021 15 30 fn0 FELT OF'BFJ.RINCf ' KIND NA!JUMENTS A5 SHOWN. b. N3FTP+ ALL CAW�RS NOT - X1%'1°! .:7 f0<JND, WEB v--r WRH REEVNC-P cvw, L.s. 'j[7L5J. A ( UN.PLATTEIP) . W CO COCCI Ili � .JMi.•10K ..12.1 di t2 ry_�M jS'P �33R tA OR vE W AY C�� 'ro LOT ? m LOT 1 / rA/lLDING / 'rye {9 in EI°(VELOPc. SICKBLS SUBDIVISION i=tivP.L PLAT' NOTES A PKELAMINAl9 SUBSGL Af40 GEOLOGIC 9TUD9 HA'1 PEEN PREPARED "CHENA A450CIATES, COH5CLT1W fPED- TECHNtCAL ENGINEERS; FOIL TL-IE "PrEKTS Fl LL %A5- C,WiVED 14F KEUIJOFIL. 3LCH REPORT, ICNO'rvN A5 JOrt' NUMeM 4,58-6G, DATED OCTOr,f]2 3, fso, ;,1A11A1LA5LE FROM CFIEN 6 MS OC.l ATM 5000 KOAD 154, 6LENW000 ,- pKIV.K/ -6 C0.GRA0.7 iIG01. CAN7TFtX.TICN ON £tTi -+ER OF TNC 1.077 5U5OI AOffD HEREt7NOER MOST 176 PERfORF+1EO IN OONF0Kt AJ r-E WITH THE RECOMM" NI` A jVt45 HARE WITHIW SIKH Krm:, -T. TM 5IJWV j-5, 04 OCLATED 4EKEUNOEF SHALL IME SYJP-WC1 1b Tl* FINAL DeCJCe5.5 15htJf,D FLRSfb°.i•TT A ArrLICATION FOR, WDR,F0,&10 WATM KWfP3 FILED IN CA7E 735. 66 C-W ZM, VWMKT 0 Xr, 'HATER DN1410N N+^. 5, STATE Or coi-om O AdW ArFLICATt4J FGC APPROVAL CP rL --'O1C AWf'IEN'TAT(CN lu CME f0, 06 OW Zllo, n,5TKICT C0L7RT, V/AT!IC 01VF5tCN LKL 5, SYTATe OF cOLcK,1 YT,. SURVEYOWS CERTIFICATE 7, DAN(EL F. I45KEIYZIE, REGISTEFC -D L 'NO SIJRVEYCW -' HEKEtH OERTIPT THAT I NAVE FREPARED THIS PLAT CF 71CKEL7 SUP,,pIV17i0N, THAT TILE LOCATION OF 7wc CUT7IDE r,OUNOAR9, FRoAD5 AMT, OfHeR FEATURES ARE ACWIV.TEL'f AND C.OKRECTL9 514004 HEKEON, THAT THE SAME IJM &-615D ON FIELD 3(JRVE'15 AUP THAT, THE PLATTED SITE AND THE ROAD5 CONFORM TO THOjE 16rAKEO ON THE bKCUND. LOT M IN WITNe55 THEREOF. I HAVE SET MN HANO 0 5eAL PrrK�465rcM wro MAY 1°167. THt749LDA9 OFD.. ,tLPINE SUCVESS, Ic1C. PSS'. DANIEL F ,`!- MENZtE L.7. 20:51 B O C. C. APPROVAL & DEDICATION 7HI5 FLAT Of TUE SICKel -5 7U77OIV17t0N HI5 15"N REVIEWED AND APPRO/ED:DS THE: WARD OF CWNTM COMMISSI0NEX5 OF PITrrw COUNTS, COLORADO, TLIY,�_0A.4 OF Mh`1 I. 11167 T146 APPROVAL HS THE 150"'40 OF Coazm CDMM155LONER9 OF PITKIN CDUhrTS, I.LOES NOT EX7Et -!D TO UTILITIEO, WASTE DI6P05A4- OK A" lee/2wice�/ FACILITIES. Y(R CLi -P.► LC t 14 A,I MJ- 1`L.zx PITI[�u sKCS� xav m ' r CLERK &RECORDER'S ACCEPTANCE TH5 rL1T OF TITS 3{CKCLS 5- DIV15ION M ACCEPTED fOR OF PITKIN IN OFF( ' THIS VA-11 fCD�ER 14 MA71 ills I FLAT A 4" PAGE fYfltOgp11 - U'e c r• � /ham' /� / t �^y CLEKK t RECORDER (( °* t, all, NOTE CRPA. -rW I" TIAM SUVUAVLYON SLIALI- 15E tA�5 T TO ALL-rMt^ AJO CONOrrK*5 SET FORTH IN TNe ;�p50LUTtON OF Twr 5OAF -O OF COJNI`f COMM155kDNO T ."P FiTrom CtaA47Y, COLOKArA,- LOT 4 RE° U -TION NO 67'1,f, MOO< 740 AT rYISE N5 T'HE NENCe-ST FIRE N'iD4WT TD THIS PROPERri( 15 ArrFLXIMATE4.9 1,200 FEET VOWNLLLL IDE.V.. FIRE 2E9rON7E TIME TO 7HI7 rKorm" r) 5 MINUTED PLUS MINLTTL.7 5ET-Cr TIME.. THE PLOW RATE OF THC 1.• /z ''r. H4DICA•NT 15 NOT KNOWN. s•.v� ,.ra•l vrw'7°0 rwe�ee+r 3SwhJ r ►' FoUNR 'eA o.§CAP Alpine Surreys, Inc. POit Office 8az 1730 Aspen, Colorado 81612 303 925 2688 Slrveyed Drafted 1 ? 67 Pr?-. Flevmions 5 0 67 3j 67 4 2157 S. S 67 5 6 87 S 6'6P ®. A�L 1010 Attachment 7 CERTIFICATION OF DEDICATION & OWNERSHIP CHRMTOPHM CI :7CKELS, P E1NG THE OWNER Or 'SHAT CERTAIN PI.KCEL OF KEAL - F-"`TS IN PITKIN CWWT`I COLORADO, pE5CK16eD A3 FOLLOWS: ^ TKAZT OF LAND 51TUATED IN TPE OWTHWE.5T A OF SECTIOI,A 1, TONw6j.lir 10 SOUTH, KAW--- 65 WE5T OF THE 6TH miNCfrAL MEK101AN, PITKIN COUNTS, COLORADO AND 5EIWC+ PICKS FU-L4 M CK7r'FD Al FOLLOVMS: r,FIsINNING AT THE WESTEIU -S IANGA -rC P INT OE 949i3'M'W Rt.CKK I, riTKIW GREEN '�JTSD A1.15 FT. TO A rO1NT ON A LIWE IO.00 FT NORTH1E-1 .1 OF AiJ ; rAKALLEL -IV 'HE DENVER AND CO CIF-- E'AT"" ERJ RAfLKOAD Rf6Y.T- CF-W"; THENCE ALONG SAtO LINE THE FOLLOWING CO-"65 AND -3; 121.35 FT. ALONG THE AM OF A CURVE W Tae- LEFT HAVENS A RA"V5 OF 2'724.95 FT' CTw- WORD OF WHICH BEARS N 54.14`34 °W 124.54 FY.), 142.. FT AI-ON& TME ,kXC OF A C0Mr0L*V CURVE TO TILE LEF7 HAVIWI A RAOWS OF 101'5."rT. (TH° CHORD CF "WHICH DEARS H 54° 31' 511 W 142.67 FT,.), THr-NCE• DEPARTING SAID Llrir- N25°26'005E '.124.14 FT. TO TUE Ce.N-TZKLINE OF THE SALVATION DITGH� TWV -K'£ ALOI.CP SAID CELITEfV -INS. '!FtE FOLI- OWI!'L's GC -R9E5 AND DIyTANCE.7; 7 60° I V CO' E 71.02 FT., 5 72' 07 OW F- 135.02 fT., 7 76.10'00 °E 1(0.10 FT., TT-E7`K6 DErARTING ,. ` SAID CENTERLINE 5 -IV 15100` W "S. b1 FT ALONfi LINE OF SAIP rl71KIN 9ICEErl 714E WMTEKL7'1 rAUNDAR9 SU6DIV151ON TO -IF- POINT W 6EGINN7NYs, COrJ'iy+,LNI NLS R'.+ I 4.17 ACKE57 "'`ORE OR L..E -t5V WGETIJr -M WITH A rERPETUAL. ,% ATTORNE9-IN-FA -T 1dC CHRISTOrHER C' `1CKELS 6KOU{•C tANITATION UTfL1TM EA50.Mew TWICTM (50) // rJUILDINi ENVELOPE / CONNECT WITH THE CENTCRLINE Or THE UT hcS EAe!EME -NY ,gGVIN ON T44 e XX)TWISKLft. :.. J 71.75gVH3lCN PLI.T N(KP ANO 7F+ '.- 3., Y � .JMi.•10K ..12.1 di t2 ry_�M jS'P �33R tA OR vE W AY C�� 'ro LOT ? m LOT 1 / rA/lLDING / 'rye {9 in EI°(VELOPc. SICKBLS SUBDIVISION i=tivP.L PLAT' NOTES A PKELAMINAl9 SUBSGL Af40 GEOLOGIC 9TUD9 HA'1 PEEN PREPARED "CHENA A450CIATES, COH5CLT1W fPED- TECHNtCAL ENGINEERS; FOIL TL-IE "PrEKTS Fl LL %A5- C,WiVED 14F KEUIJOFIL. 3LCH REPORT, ICNO'rvN A5 JOrt' NUMeM 4,58-6G, DATED OCTOr,f]2 3, fso, ;,1A11A1LA5LE FROM CFIEN 6 MS OC.l ATM 5000 KOAD 154, 6LENW000 ,- pKIV.K/ -6 C0.GRA0.7 iIG01. CAN7TFtX.TICN ON £tTi -+ER OF TNC 1.077 5U5OI AOffD HEREt7NOER MOST 176 PERfORF+1EO IN OONF0Kt AJ r-E WITH THE RECOMM" NI` A jVt45 HARE WITHIW SIKH Krm:, -T. TM 5IJWV j-5, 04 OCLATED 4EKEUNOEF SHALL IME SYJP-WC1 1b Tl* FINAL DeCJCe5.5 15htJf,D FLRSfb°.i•TT A ArrLICATION FOR, WDR,F0,&10 WATM KWfP3 FILED IN CA7E 735. 66 C-W ZM, VWMKT 0 Xr, 'HATER DN1410N N+^. 5, STATE Or coi-om O AdW ArFLICATt4J FGC APPROVAL CP rL --'O1C AWf'IEN'TAT(CN lu CME f0, 06 OW Zllo, n,5TKICT C0L7RT, V/AT!IC 01VF5tCN LKL 5, SYTATe OF cOLcK,1 YT,. SURVEYOWS CERTIFICATE 7, DAN(EL F. I45KEIYZIE, REGISTEFC -D L 'NO SIJRVEYCW -' HEKEtH OERTIPT THAT I NAVE FREPARED THIS PLAT CF 71CKEL7 SUP,,pIV17i0N, THAT TILE LOCATION OF 7wc CUT7IDE r,OUNOAR9, FRoAD5 AMT, OfHeR FEATURES ARE ACWIV.TEL'f AND C.OKRECTL9 514004 HEKEON, THAT THE SAME IJM &-615D ON FIELD 3(JRVE'15 AUP THAT, THE PLATTED SITE AND THE ROAD5 CONFORM TO THOjE 16rAKEO ON THE bKCUND. LOT M IN WITNe55 THEREOF. I HAVE SET MN HANO 0 5eAL PrrK�465rcM wro MAY 1°167. THt749LDA9 OFD.. ,tLPINE SUCVESS, Ic1C. PSS'. DANIEL F ,`!- MENZtE L.7. 20:51 B O C. C. APPROVAL & DEDICATION 7HI5 FLAT Of TUE SICKel -5 7U77OIV17t0N HI5 15"N REVIEWED AND APPRO/ED:DS THE: WARD OF CWNTM COMMISSI0NEX5 OF PITrrw COUNTS, COLORADO, TLIY,�_0A.4 OF Mh`1 I. 11167 T146 APPROVAL HS THE 150"'40 OF Coazm CDMM155LONER9 OF PITKIN CDUhrTS, I.LOES NOT EX7Et -!D TO UTILITIEO, WASTE DI6P05A4- OK A" lee/2wice�/ FACILITIES. Y(R CLi -P.► LC t 14 A,I MJ- 1`L.zx PITI[�u sKCS� xav m ' r CLERK &RECORDER'S ACCEPTANCE TH5 rL1T OF TITS 3{CKCLS 5- DIV15ION M ACCEPTED fOR OF PITKIN IN OFF( ' THIS VA-11 fCD�ER 14 MA71 ills I FLAT A 4" PAGE fYfltOgp11 - U'e c r• � /ham' /� / t �^y CLEKK t RECORDER (( °* t, all, NOTE CRPA. -rW I" TIAM SUVUAVLYON SLIALI- 15E tA�5 T TO ALL-rMt^ AJO CONOrrK*5 SET FORTH IN TNe ;�p50LUTtON OF Twr 5OAF -O OF COJNI`f COMM155kDNO T ."P FiTrom CtaA47Y, COLOKArA,- LOT 4 RE° U -TION NO 67'1,f, MOO< 740 AT rYISE N5 T'HE NENCe-ST FIRE N'iD4WT TD THIS PROPERri( 15 ArrFLXIMATE4.9 1,200 FEET VOWNLLLL IDE.V.. FIRE 2E9rON7E TIME TO 7HI7 rKorm" r) 5 MINUTED PLUS MINLTTL.7 5ET-Cr TIME.. THE PLOW RATE OF THC 1.• /z ''r. H4DICA•NT 15 NOT KNOWN. s•.v� ,.ra•l vrw'7°0 rwe�ee+r 3SwhJ r ►' FoUNR 'eA o.§CAP Alpine Surreys, Inc. POit Office 8az 1730 Aspen, Colorado 81612 303 925 2688 Slrveyed Drafted 1 ? 67 Pr?-. Flevmions 5 0 67 3j 67 4 2157 S. S 67 5 6 87 S 6'6P ®. A�L 1010 Attachment 7 CERTIFICATION OF DEDICATION & OWNERSHIP CHRMTOPHM CI :7CKELS, P E1NG THE OWNER Or 'SHAT CERTAIN PI.KCEL OF KEAL - F-"`TS IN PITKIN CWWT`I COLORADO, pE5CK16eD A3 FOLLOWS: ^ TKAZT OF LAND 51TUATED IN TPE OWTHWE.5T A OF SECTIOI,A 1, TONw6j.lir 10 SOUTH, KAW--- 65 WE5T OF THE 6TH miNCfrAL MEK101AN, PITKIN COUNTS, COLORADO AND 5EIWC+ PICKS FU-L4 M CK7r'FD Al FOLLOVMS: r,FIsINNING AT THE WESTEIU -S IANGA -rC P INT OE 949i3'M'W Rt.CKK I, riTKIW GREEN '�JTSD A1.15 FT. TO A rO1NT ON A LIWE IO.00 FT NORTH1E-1 .1 OF AiJ ; rAKALLEL -IV 'HE DENVER AND CO CIF-- E'AT"" ERJ RAfLKOAD Rf6Y.T- CF-W"; THENCE ALONG SAtO LINE THE FOLLOWING CO-"65 AND -3; 121.35 FT. ALONG THE AM OF A CURVE W Tae- LEFT HAVENS A RA"V5 OF 2'724.95 FT' CTw- WORD OF WHICH BEARS N 54.14`34 °W 124.54 FY.), 142.. FT AI-ON& TME ,kXC OF A C0Mr0L*V CURVE TO TILE LEF7 HAVIWI A RAOWS OF 101'5."rT. (TH° CHORD CF "WHICH DEARS H 54° 31' 511 W 142.67 FT,.), THr-NCE• DEPARTING SAID Llrir- N25°26'005E '.124.14 FT. TO TUE Ce.N-TZKLINE OF THE SALVATION DITGH� TWV -K'£ ALOI.CP SAID CELITEfV -INS. '!FtE FOLI- OWI!'L's GC -R9E5 AND DIyTANCE.7; 7 60° I V CO' E 71.02 FT., 5 72' 07 OW F- 135.02 fT., 7 76.10'00 °E 1(0.10 FT., TT-E7`K6 DErARTING ,. ` SAID CENTERLINE 5 -IV 15100` W "S. b1 FT ALONfi LINE OF SAIP rl71KIN 9ICEErl 714E WMTEKL7'1 rAUNDAR9 SU6DIV151ON TO -IF- POINT W 6EGINN7NYs, COrJ'iy+,LNI NLS R'.+ I 4.17 ACKE57 "'`ORE OR L..E -t5V WGETIJr -M WITH A rERPETUAL. ,% ATTORNE9-IN-FA -T 1dC CHRISTOrHER C' `1CKELS 6KOU{•C tANITATION UTfL1TM EA50.Mew TWICTM (50) W I-TKS-^ %1' 1[ WAD AW OF FK:IAL SEAL, FEET IN WIDTH, THB CE ICI iNE OF.al4R1 ''t23 -L -0-L M51 MMI"IC I F- X?IK-'7 4121 CD CONNECT WITH THE CENTCRLINE Or THE UT hcS EAe!EME -NY ,gGVIN ON T44 e XX)TWISKLft. :.. N'JTAR`" I-L.°5uc- 71.75gVH3lCN PLI.T N(KP ANO 7F+ '.- 3., Y OF THE SICKELh O . NT [OIMJE IN 714E V.ME DI KEC.TION, y35°t4' V�I,r�gT , RUE AKJMFAL`I rX11LYk•R51 OF TLIE OLP.0lz - "'_ RIO Go, A& CE ,E.,TE10N KA(LKCI'.O RIGI.f$"- j, 'HT`fl .: �.•:'. V,CH DISTANCE CEI NC>•NPRa/ nATEI.! � r.ClOk a -.. "" H+. :a ':2 FEET, AND 7xiuFx WITH A RI6HT -OI "i?_t4K�, tVATE ROM PJ AND ACKj.SS.h'- EGRESS Gr✓ER, -O!3� ALOOICDFl.K+ TO 714E PLAT CF THE PITR.IN GREEN DMSION RECORDED A5 DOCUMENT NO 10'5492, WFNCU 90AD EXTENDS FROM 714E Afl I DESKRIrZV LAND -T {.H G{.1 IDT M ANp PORTIOW.2 OF LOT 11, 12 ANO 1-A, 3LtKK 1 , PR ,IN FEN D01V17tON 7D WILLOWF�e r.'A9 A6 SET FOR, 4 LN 1N5TKUMENT V=CFDE0 lu COOK 186 AT PAGE 170. HAVE LAID Wr. PLATTED, ANO V- eDIV1L.ED THE Ft7KEGCXI,* ICEAL MOPEKT4 JW'D -IV.O Cs) La-, AS SHDhN Da 7Lx5 FLAT L110EK THE. r"Wr- AND '4TILE OF htC'.1cLL°`° 51,1f5pIVI`•ION. FXZCUTED TLN7 tA!4 OF' M. -- Iw 37 E. (WART r' A5 ATTM1Q 1 IN T FOR CH RlSTOPHEIC. D SICKEL°� �s - S ?ATE•' CLZO Cg1.1-r4 T.� 1= GRF1K+ IN57RUMET -�T WAS Atict�'GV/L.ET�ED SEFOZ= ME t1.0r, O'H OF MjV 1407, 111 .1LN`t E. XuWACIZ ,% ATTORNE9-IN-FA -T 1dC CHRISTOrHER C' `1CKELS W I-TKS-^ %1' 1[ WAD AW OF FK:IAL SEAL, M51 MMI"IC I F- X?IK-'7 4121 CD ao. ,6J •,° N'JTAR`" I-L.°5uc- 2'Ity fvllQ Y n AT job N. Client 51'.tG =LS Attachment 8 DISTRICT COURT, WATER DIVISION 5, COLORADO Garfield County Courthouse 109 8h Street, Suite 104 Glenwood Springs, CO 81601 970/945 -5075 IN THE APPLICATION FOR WATER RIGHTS FOR ROBERT SHOOK, in Pitkin County A COURT USE ONLY A Attorneys: Kevin L. Patrick, #9124 Case Number: Patrick, Miller & Kropf, P.C. OOCW274 730 E. Durant, Suite 200 Aspen, CO 81611 970/920 -1028 - Telephone 970/925 -6847 - Facsimile patrick@waterlaw.com RULING OF REFEREE The above entitled Application was filed on December 27, 2000, and was referred to the undersigned as Water Referee for Water Division No. 5, State of Colorado, by the Water Judge of said Court, in accordance with Article 92 of Title 37, Colorado Revised Statutes 1973, known as The Water Right Determination and Administration Act of 1969. And the undersigned Referee having made such investigations as are necessary to determine whether or not the statements in the Application are true and having become fully advised with respect to the subject matter of the Application does hereby make the following determination and Ruling as the Referee in this matter, to wit: 1. The statements in the Application are true. 2. Name, address and telephone number of Applicant: 06002`2 District Court, Water Divis�bn 5 Page 2 Case No. OOCW274 1. 2. 3. 4. 5. Robert Shook c/o Patrick, Miller B,. Kropf, P.C. 730 E. Durant Street , Suite 200 Aspen, CO 81611 (970) 920 -1028 FIRST CLAIM Name of structure: Shook Spring Ditch, aka Shook Spring Information from previous. Decree: A. Date entered: December 7, 1994 in Case No. 93CW243, Water Division 5. B. Point of diversion: A spring situated in the NEl /4 SW 1/4 of Section 1, Township 10 South, Range 85 West of the 6th P.M., County of Pitkin, State of Colorado; being more particularly described as follows: Commencin. r at the Southeast Corner of said Section 1; thence N 61' 02130" W 3317.36 feet to said spring box (Pitkin County). C. Source: A naturally arising spring tributary to the Roaring Fork River. D. Appropriatio. date: June 28, 1993. Amount: 0. 1 122 cubic foot of water per second of time (10 g.p.m.), absolute. E. Use: Delivej�y of water into the storage within the Shook Pond. The name and addre; s of the owner of the land upon which the paint of diversion of the Applicant and the n w place of use is located is: Applicant SECOND CLAIM Name of structure: Shook Pond. Information from pn A. Date entered; B. Legal Descri] A pond situa West of the E W:\SliookIRulingofRefereeOOCW274.doe 0001e nous Decree: December 7, 1994 in Case No. 93CW243, Water Division 5. :ion. of Reservoir Pond: d in the NE 1 /4, SE 1/4 of Section 1, Township 10 South, Range 85 'P.M., County of Pitkin, State of Colorado; District Court, Water Division 5 Page 3 Case No. OOCW274 The dam is located at a point commending at the Southeast Corner of said Section 1; thence 62° 28' 12" W 3546.58 feet to a point on the centerline of the dam of said pond. C. Source: A naturally arising spring tributary to the Roaring Fork River. D. Appropriation date: June 28, 1993. Amount: 0.45 acre feet, absolute. E. Use: Piscatorial and recreation. 3. The name and address of the owner of the land upon which the point of diversion of the Applicant and the new place of use is located is: Applicant 4. There were no Statements of Opposition were filed in this matter. This Court has jurisdiction over the subject matter of this Application pursuant to C.R.S., §37 -92 -203. The Referee does therefore conclude that the above - entitled Application should be granted as follows: 1. The Referee finds that the Claimant has developed of the proposed appropriation of the 0.022 cubic foot of water per second of time (10 gpm) conditionally awarded to the Shook Spring Ditch, aka Shook Ditch, for the delivery of water into the storage within the Shook Pond and therefore concludes that an absolute water right be granted for these uses. 2. The Referee finds that the Claimant developed the proposed appropriation of the 0.45 acre feet conditionally awarded to the Shook Pond for the purposes of piscatorial and recreation; and therefore concludes that the conditional water right be awarded as absolute for these uses. 3. The structures set forth may be operated in accordance with this Ruling without state administrative curtailment for the benefit of senior appropriations, so long as the terms and conditions herein set forth are fully adhered to throughout the operation of this plan for augmentation. 4. Upon request by the Division Engineer, the Applicant shall provide the Division Engineer with copies of all records and accounts and other such information requested by the Division Engineer as will allow for the administration of this plan. W:1Shook%u1 ingofRcf=cOOCW27d.doc 0u0024 District Court, Water DiN, Page 4 Case No. OOCW274 It is accordingly G to Judicial Review. It is further ORDE Division Engineer and the Copy of the foregolnffl mail Counsel of record -ater Referee,---Div. En ineer-y ; State Engineer --ate a:—u_NR._ e a i =_1 Patrick No protest was file, approved, and is made the. Dated this 4 00py of illy lgai g o[nel of record- -W Referee, ..Div. E ne State E 70—k ;er- Date Deputy Cierk Wafer Div. No.6 Patrick j01025 to 5 SEA' 14 21881 P., � /+fie RED that this Ruling shall be filed with the Wa e - E &isulSject that a copy of this Ruling shall be filed with the appropriate o Engineer. to all Upi�b� Water Re eree Water Division No. 5 State of Colorado In this matter, accordingly, the foregoing Ruling is confirmed and dgment and decree of this Court. y of , 2001. 7 ,. -r. DISTRICT COURT, WATER DIVISION NO. 5, COLORADO i OCT 18 1994 � Cash No. 93CW242 MV4 P. c RULING OF REFEREE CONCERNING THE APPLICATION FOR APPROVAL 'OF PLAN FOR AUGMENTATION INCLUDING APPROPRIATIVE EXCHANGE OF: Robert Shook, in Pitkin County The above entitled Application was filed on' October 29, 1993, and was referred to the undersigned as dater Referee for Water Division No. 5, state of Colorado, by the Water Judge of said Court on the 3rd day of November, 1993, in accordance with Article 92 of Title 37, Colorado Revised Statutes 1973, known as The Water Right Determination and Administration Act of 1969. And the undersigned Referee having made such investigations as are necessary to determine whether or not the statements in the Application are true and having become fully advised with respect to the subject matter of the Application does hereby make the following determination and Ruling as the Referee in this matter, to wit: 1. The statements in the Application are true. 2. The name and address ofthe claimant: Robert Shook c/o Kevin L. Patrick, P.C. 205 South Mill Street, Suite 300 Aspen, Colorado 81611 (303) 9201028 3. Name of structures to be augmented: A. - Shook Pond. This structure is -the subject of an application* for water rights filed even date herewith. B. Shook Spring. This structure is the subject of an application for water rights filed even date herewith. 4. Description of water rights to be used for augmentation: A. Applicant has applied for an Allotment Contract from the Basalt Water Consetvancy District which would permit Applicant to use up to 1.0 acre feet of water in storage in Ruedi Reservoir for the benefit of the Basalt Water Conservancy District. Ruedi Reservoir, a component of the ].Fryingpan- Arkansas Project was originally decreed for in C.A. No. 4613, Garfield County district Court, on.June 201 1958, with a date of appropriation of July 29, 1957; subsequently• in Case No. W- 789 -76 the decreed storage I' u x0 2,6 Capacity for this Reservoir was reduced to 142,369 af. Ruedi Res rvciir is a component of the Fryingpan-- Arkansas ' project, originally authorized for construction by the Act of Au ust 16, 1962- (76 Stat. 389) as amended by the Act of October 27, 1974 (88 Stat: 1486) and the Act of November 3, 1978 (92 Stat. 2492), in substantial accordant with House Doc. No. 187 83d Cong., let Sess., as modified by House Doc. 353, 86th Cong., 2nd Sess. , and is subjec to the operating Principles for the Fryingpan- Arkansas project as set forth in House Doc. 130, 87th Cong., let Sees. The federal reservoir is operated by the U.S. Bureau of Reclamation which has contracted for an allotment of water to the Basalt Water Conservancy District; or 5. Statement of Plan for' Augmentation pursuant to C.R.S. 37-92-103(9), 302(l), and 305(8): A. Applicant -16 the owner of Lot 2 of the Sickels Subdivision, according to the plat thereof recorded at Book 19 Page 60, Pitkin County Records and portions of Lot 13, Block 1, Fitkin Green Subdivision as described in the attached Exhibit "A". The subdivision is located within the NEB SW�'of Section 1, Township 10 South, Range 85 West of the Sixth P.M. This application is designed to' provide a legal water supply to replace evaporative losses from a pond known as the Shook Pond. The Shook Pond receives its supply of water from .a basin run -off and a spring known as the -Shook spring. The shook Pond and Shook Spring are the subject of an application. for water rights filed even date herewith. In order to.avoid curtailme t of deliveries into the Shook Pond, the Applicant will cause releases to be made from the Basalt Water Conservancy District (BWCD) water rights, and in particular, from the BWCD's allotment in Ruedi Reservoir, to replace evaporative losses from the Shook Pond and Shook Spring. This water will be exchanged from the confluence of the Roaring Fork and Fryingpan Rivers to Applicant's point of depletion to the Roaring Fork River which is '';ocated at and upon the Applicant's property at times wh n a valid call is not existent within the intervene g exchange stretch. The date sought for the appropria,- ion for this appropriative exchange is June 28, 1993. 2 0 ' : . • Table I below describes-the estimated delivery requirements for the structures with Table II setting forth required augmentation releases and consumptive use demands: TABLE 1 (values In a.i.) 6tf t.- nwt ltv[Y[VY! Month Pond Evap. Total: JAN FEB FEB MAR MAR APR 0.009 0.009 NAY 0.016 0.016 JUN 0.030 0.030 JUL 0.036 0.036 AUG 0.030 0.030 SEP 0.024 0.024 OCT 0.013 0.013 NOV 0.006 0.006 DEC 0.024 O.is TOTAL 0.164 0.164 TABLE II CONSUMPTIVE USE DEMANDS Iveluoi in a _ &NEWnt where noted) month Pond Evap. AF Releasis in D.P.M. JAB FEB MAR APR 0.009 0.009 0.07 MAY .0.016 0.016 0.12 JUN 0.030 0.030 0.23 JUL 0.036 0.036 0.26' AUG 0.030 0.030 O.ZZ SEP 0.024 0.024 O.is OCT 0.013 0.013 0.09 NOW 0.066 0.006 0.04 DEC TOTAL 0.164 0.164 1.21 3 ON 1. X Evap.: Baser; on "General Criteria for Substitute Water Supply and Augmentation Plans tCDWR) ". 2. Gross Evap.: Based on "Evaporation Atlas for the Con- tiguous 48 United States" indicating the total annual evaporation for shallow takes In the Aspen area is 36 ". 3. Effect Prec.: Based on 70% of the average monthly ppt, obtained from the Aspen Weather Station, Colorado Climatology Office (June, 1480). 4. Augmentation releases will be escalated by 10% to account for transii tosses. 6. At times when a valid -call is initiated so as to curtail diversions or storage by the water nights described in paragraph 3, above, the Applicant shall cause releases from the eources cif augmentation water described in paragraph 4. 7. The Referee does therefore conclude that the above -- entitled Application should be granted as follows: A. The structures set forth may be operated in accordance with this Ruling without state administrative curtailment for the benefit of senior appropriations, so long as the terms and conditions herein set forth are fully adhered to throughout the operation of this plan for augmentation. The Division Engineer and State Engineer shall curtail all out of priority diversion, the depletions from which are replaced so as to prevent injury to vested water rights. B. The granting of this Application will not cause material injury to any vested water right or decreed conditional water right which is tributary to or has as its source of supply, the Roa>ing Fork River, as long as the terms and Conditions of this Ruling are complied with. C. Upon regiest by the Division ]Engineer, the Applicant shall provide the Division Engineer with copies of all records and accounts and other such information requested by the Division Engineer as will allow for the administration of this plan. E. This Ruling shall be filed with the Water Clerk subject to judicial review. A Copy of this Ruling shall be filed with the appropriate DivisionlEngineer and State Engineer. 4 Dated this 30 day of 19 y •/ i�zp.,xy ek 1JUSr �+r.. 5 WATER REFEREE: VO , 2R:;7- Water Referee Water Division No. 5 State of Colorado No protest was filed in this matter, accordingly, the foregoing Ruling is confirmed and approved, and is made the judgement and decree of this Court; provided, however, that, given the uses proposed and historically made of the subject water rights involved herein, this plan for augmentation shall be subject to reconsideration by the Water Judge on the question of injury to the vested rights of others during any hearing commencing in the two calendar years from the date of this Decree. Dated this n;�tL day of // , 197ff 0085Bprr.03 Water Judge oil 000030 5 rXIIIBIT BooK360 79 AN" on Acwrdhis to tbq Plat: Ma Ad vbolg,�t 00. !0 4020 bitch %,blp 2-.A itt Ppg6 232, Im the tacOrltg for ViL.Idn wuhtyj (bi Ada, of - t; 13, 4#gribod as followd. 1900mv ftt Part 9 Dj8fmjw& At tits sputli'd Wenor of LQ4 97 wt of T-b t 131 299-00- fedh Of Lot 13 to • SlfDdivisicn,' &Mtjt4est corner cif 1.0t 1. 1 * r;6ighorly and 1. 14A 13; Diock It PItRin GrOM CPXIY Along tild S()Utjj IIAlt of. IAt 13, block It to t�s pohit fat beg • jb6 orthftly 10 fot gr K=4 G4.M4 wwwIsr.cl, thAt bad in of Lot 13, block I of the dis bad in Vc*k W of Pago 2 of the taoar& b► the Office of tho Pi0di, COMV 016* pautilamt 00toev of bid Wd I-t 13 -h&two the. d 14t 13 benro Sovdi 13' 01' Ile 9 t- 100 - 501 "t;. throat Notth 150. 071 20.04'faet ftltn� thA rAAtdvlY 11m at sol -tist thmelp t"Orth 004 221 VII, .09,00 fait oloot the Vorthe�li lixth of that at i 64JA partiM of Lot: 13 tlipmo 96Lth 22* 15' I-I"ist to the j?04torly Itrip- of sAld.lbt 13; IV0 AlIq'n Vexturly* llto- id Lot South 806 22' Z' thtnCe Sou knot: -ms t�h Squr h"Jy TLlaof W4. tt; �03.06 ot al 20 900 WIP of gro tp t1lo poi nt 0-f be8uni" - Both pAreolo jituAtodt vitka" Cowtyt- colortdo -331 DISTRICT COURT, WATER DIVISION NO. 5 Case No. 93CW243 (1 of 2) OrABINELD COURT COLORADO ='`•�t _o COUN W, CO --NOV 31994 HMO RULING OF REFEREE 9 1 ir CONCERNING THE APPLICATION FOR WATER RIGHTS N WA ftbert Shook, in Pitkin County The above entitled Application was filed on October 29, 1993, and was referred to the undersigned as Water Referee for Water Division No. 5, State of Colorado, by the'Water Judge of said Court on the 3rd day of November, 1993, in accordance with Article 92 of Title 37, Colorado Revised Statutes 1973, known as The Water Right Determination and Administration Act of 1969. And the undersigned Referee having made such investigations as are necessary to determine whether or not the statements in the Application are true and having become fully advised with respect to the subject matter, of the Application does hereby make the following determination and Ruling as the Referee in this matter, to wit: 1. The statements in the Application are true. 2. The name of the structure is Shook Spring Ditch. 3. The name and address of the claimant: Robert Shook c/o Kevin L. Patrick, P.C. 205 South Mill Street, Suite 300 Aspen, Colorado 81611 (303) 920 -1028 4. The source the water is a naturally arising spring tributary to the Roaring Fork River. 5. A spring situated in the NEC SW� of Section 1, Township 10 South, Range 85 West of the Sixth Principal Meridian, County of Pitkin, State of Colorado; being more particularly de- scribed as follows: Commencing at the Southeast Corner of said Section 1; thence N 61002'30'1' W 3317.36 feet to said spring box ( Pitkin County). 6. The date of initiation of appropriation is June 28, 1993. 7. The amount of water claimed is .022 cfs (10 gpm) , conditional. 01 juu02 Case No. 93CV243 .. Shoo' a. The use of the water olaimed is for the delivery of water into storage within the Shank Pend. 9. No Statements of Opposition Were filed in the within proceeding. The Referee dos therefore conclude that the above - entitled Application should De granted and that .022 efs of water with an appropriation date ef June. 28, 1993 is hereby awarded conditionally to the Shook Eprihq Ditoh for delivery of water into storage within the Shook Pend, provided always that said water is awarded on the condition that said quantity of water be applied to beneficial use within a reasonable time. «eajobtII%.a61""' rw a Iicti��it.leal r.Ls4L 1,LtV wP xaan:yviissL9G �11ta�c.sve shall be filed in ixth calendar year thereafter so long as the Claimant desires to maintain these conditional water rights or until: a. determinati n has been made that these conditional water rights have becoM absolute water rights by reason of the completion of the a propriationsP SUBJECT, HOWEVER, T LL ARL ER PRIORITY RIGHTS OF CTHERS and to the integration and tabulation by the Division Engineer of such priorities and changes of rights in accordance with law, It is accordin ly ORDERED that this Ruling shall be filed. with the Water Clerk sub ect to.judicial review. It is further IORDERED that a copy of this' Ruling shall be filed with the appr(bpriate Division Engineer and State Engineer. Dated this No protest was confirmed and approz court wild THE MONTH A FINDING OF REA90K bated this U l u 3 3 day of September -� 1994. WAT (,)-Vf Watdt Referee Water Division No. 5 State of Colorado filed in this matter. The foregoing Ruling is ed and is made the judgment and decree of this AND INITIAL YEAR FOR FILING AN APPLICATION FOR ISLE DILIGENCE SMALL BE DECEMBER 2000 , r day of 4 , 19TY� Water Judge c - •�i DISTRICT COURT, WATER DIVISION NO. 5, COLORADO Case No. 93CW243 (2 of 2) RULING OF REFEREE CONCERNING THE APPLICATION FOR WATER RIGHTS OF: Robert Shook, in Pitkin County The above entitled Application was filed on October 29, 1993, and was referred to the undersigned as Water Referee for Water Division No. 5, State of Colorado, by the Water Judge of said Court on the 3rd day of November, 1993, in accordance with Article 92 of Title 37, Colorado Revised Statutes 1973, known as The Water Right Determination and Administration Act of 1969. And the undersigned Referee having made such investigations as are necessary to determine whether or not the statements in the Application are true and having become fully advised with respect to the subject matter of the Application does hereby make the following determination and Ruling as the Referee in this matter, to wit: 1. The statements in the Application are true. 2. The name of the structure is the Shook Pond. 3. The name and address of the claimant: Robert Shook c/o Kevin L. Patrick, P.C. 205 South Mill Street, Suite 300 Aspen, Colorado 81611 (303) 920 -1028 4. The source the water is a naturally arising spring tributary to the Roaring Fork River. 5. Legal description of reservoir dam: A pond situated in the NEh SW; of Section 1, Township 10 South, Range 85 West of the Sixth Principal Meridian, County of Pitkin, State of Colorado; The dam is located at a point commencing at the Southeast Corner of said Section 1; thence N 62°28112" W 3546.58 feet to a point on the centerline of the dam of said pond. 6. The date of initiation of appropriation is June 28, 1993. 7. The amount of water claimed is .45 acre feet, conditional. 1 A ju 'ukIJ 93CW243 (2 Water Div. 8. The use of the water claimed is for piscatorial and recreational uses. 9. No Statements) of Opposition were filed in the within proceeding. The Referee does therefore conclude that the above - entitled Application should be granted and that .45 of of water with an appropriation date of June 28, 1993 is hereby awarded conditionally to the Shook Pond for piscatorial and recreational uses, provided always that said Ater is awarded on the condition that said quantity of water b applied to beneficial use within a reasonable time. Application f r a Hexennial Finding of Reasonable Diligence shall be filed in sixth calendar year thereafter so long as the Claimant desires to maintain these conditional water rights or until a determination has been made that these conditional water rights have become absolute water rights by reason of the completion of the appropriat ions I SUBJECT HOWEVER TO ALL EARLIER PRIORITY RIGHTS OF OTHERS and to the integration and tabulation by the Division Engineer of such priorities and changes of rights in accordance with law. It is accordingly ORDERED that this Ruling shall be filed with the Water Clerk sub'ect to judicial review. It is further ORDERED that a cop_ y of this Ruling shall be filed with the appropriate Division En 'neer and State Engineer. Dated this day of 1994. L Water Referee Water Division No. 5 State of Colorado No protest was filed in this matter. The foregoing Ruling is confirmed and approved and is made the judgment and decree of this court and THE MONTH AND INITIAL YEAR FOR FILING AN APPILCATION FOR A FINDING OF REASONABLE DILIGENCE SHALL BE DECEMBER 2000 Dated this _Z_,/r day of c 10K r Y-r 005 .Prr.0 to all Ater Judge 6�9s' RECEPTION #: 563810. 10/28/2008 at i0:58:16 AM, 1 of 5, R $0,00 Doc Code DETERMINATION K Vos Caudill, Pitkin County, CO Attachment 9 Janice _�,.%x%xxiG OFFICER OF THE COMMUNITY DEVELOPMENT DEPARTMENT OF PTTION COUNTY, COLORADO, APPROVING THE PITION GROUP INVESTMENT ACTpMy ENVELOPE, SITE PLAN, AND SUBDIVISION EXEMPTION FOR A MINOR PLAT AMENDMENT Hearing Officer Determination No./ v -2008 RECITALS 1. Pitkin Group Investment ("Applicant") has applied to the Pitkin County Hearing Officer ( "Hearing Offices") for Activity Envelope, Site Plan, and a Subdivision Exemption for a Minor Plat Amendment to amend a previously approved building envelope for construction of a single family residence. 2. The Lot contains 1.63 acres and is conforming in size within the R -30 zone district 3. The Lot is legally described as Lot 2 of the BOCC approved Sickels Subdivision. 4. An objection was filed within 30 days of the public notice requirements making the Hearing Officer the decision making body on the application. The Hearing Office has reviewed the objections and hereby finds that this matter is properly before the Hearing Officer as a minor plat amendment All other objections are either denied or are addressed herein. 5. The Hearing Officer finds that the proposed activity envelope is consistent with the applicable requirements of the Code, as follows: A. The activity envelope can avoid slopes in excess of 30% except where slope anomalies exist in the southern portion of the proposed envelope pursuant to Section 7- 20- 20(c)(3); B. The wildfire hazard is rated as severe, and can be mitigated. 6. The Hearing Officer further finds that the Lot Owner may build a single - family residence with the following gross floor area: 6,000 square feet for the residential dwelling including main and lower /sub -grade levels (excluding unenclosed decks and sub -grade mechanical areas), and 750 square feet for the garage pursuant to the prior approvals for the Sickels Subdivision. This floor area is also exempt from Growth Management and the use of TDR's pursuant to section 1- 70- 20(b)(3) of the Code. 7. The Hearing Officer considered this application at a duly noticed public meeting on September 23, 2008 and continued meetings on August 23rd, 2008 and July 15, 2008 at which time evidence and testimony were presented with respect to this application. NOW, THEREFORE, BE IT RESOLVED by the Pitkin County Community Development Hearing Officer that he does hereby approve the Pitkin Group Investment LLC Activity Envelope Site Plan, and Subdivision Exemption for a Minor Plat Amendment, subject to the following conditions, which shall run with the land and be binding on all successors in interest: 1. The Applicant shall adhere to all material representations made in the current or prior applications or in public meetings or hearings and shall consider those representations to be conditions of approval, unless amended by other conditions. 2. The Applicant shall comply with the provisions of BOCC Resolution Nos. 87 -19 and 87 -42, unless otherwise replaced or amended by the conditions of this approval. 000036 Determination No. J 2008 Page 2 3. Prior to submission of any future building permit applications, the Applicant shall be required to submit for approval by the County Attorney and Community Development a Site Plan with an Activity Envelope in accordance with Land Use Code Section 2- 30 -20(g) and Application Manual Section 2.1.12. The above referenced approvals shall be a condition precedent to finalization and recordation. 4. The building envelope for Lot 2 approved on the Plat recorded in Book 19 at Page 60A shall be amended and reestablished as an Activity Envelope. 5. The proposed Activity Envelope and Site Plan shall be amended in the following fashion: A. Remove the portion of the envelope north of the driveway; B. Remove the southwest portion of the proposed envelope at the intersection of the 70 contour line as depicted on the August 27, 2008 Conceptual Landscape Plan. C. A note shall be included on the final plat and site plan stating that the existing stand of trees located along the western property boundary from the driveway south shall be preserved, e cept for areas of excavation reasonably required for construction of the approved residence within the approved building footprint. D. A plat note shall be included that states the existing scrub oak stand north of the garage and along the driveway will remain intact except for thinning as required for wildfire mitigation. 6. The Applicant shall comply with the following to mitigate impacts on wildlife: A. Dogs shall be leashed or kenneled. Construction dogs are prohibited. B. Fencing outside of the activity envelope shall be prohibited. C. Install and use an approved bear -proof trash container as required by the County. D. Manipulation of vegetation outside of the Activity Envelope is prohibited. E. Avoid fruit -b ing trees and shrubs in any landscaping. F. When existing native vegetation must be altered within the Activity Envelope, the Applicant may be required to prepare a habitat mitigation plan acceptable to the County. Such mitigation plan may substitute (in a nearby area on the subject property) vegetation equal in type and quantity to that being removed to mitigate effects on wildlife species. Should there be no opportunity on the property for habitat mitigation or restoration, off - site mitigation benefiting the same species may be required, or financial mitigation may be paid into a County habitat mitigation fund should such a fund be established in the future. G. Trash/garbage shall be kept in an approved bear resistant container or enclosure during and after consiruction. H. Access shall be provided to the Colorado Division of Wildlife for trapping, tagging, studying, or otherwise managing wildlife. 7. The Applicant shall adl A. .Brush, debris and i (I T) perimeter at hardscape surface trimmed and irriga area described abo- also have defensibl B. Beyond the 15' are existing trees and U00 uny ere to the following wildfire standards: ion - ornamental vegetation shall be removed within a minimum fifteen -foot eund all structures. This area shall be of primarily non - combustible >, low growing perennials, flowerbeds, out grass or deciduous, well - ted plants. If trees .are retained near the house, this may be done if the 15' m is extended from the furthest most projection of the tree so that the trees e space a up to 65', maintain natural and/or irrigated grass at Iess than 6" and thin brush into individual clusters. Oak, Juniper and serviceberry shall be Determination No. 10-2008 Page 3 thinned and clustered. Limbs shall be pruned to 1/2 or 10' feet, whichever is less. No brush or shrubs, which when mature shall be tall enough to act to act as a ladder fuel around the trees. Clusters of bushes and shrubs shall be separated from each other and from those beyond the 35' and 65' perimeter by a distance of 2' /z times the height of the mature vegetation. C. All branches that extend over the roof eaves shall be trimmed and all branches within fifteen (15) feet of chimneys shall be removed. D. Ail deadfall up to a one hundred (100) foot perimeter shall be removed. E. No flammable mulches shall be placed within two (2) feet of a residence. F. The property owner shall be responsible for the continued maintenance of the defensible space vegetation requirements. 8. The Applicant shall comply with the following structural design and construction options: A. Roofs shall be constructed with a Class A roof covering as defined in the International Building Code (IBC) Section 1505.2. Wood shake/shingle roof coverings are prohibited. Roofs with less than a 3:12 pitch are not permitted unless they comply with the following: 1. All roof coverings shall be listed for installation as part of the Class A roof assembly. 1. All roof coverings shall have a surface that shall facilitate the natural process of clearing the roof. 3. All roof designs shall facilitate the natural process of clearing roof debris. Protrusions above the roofline, such as parapets, shall be prohibited. 4. Roofs shall be installed as required by the adopted building code and shall have a minimum slope of 1:48. 5. All roof designs, coverings, or equivalent assemblies shall be specifically approved by the Fire Marshal prior to submittal of a building permit application. B. Roofing: 1. Any new roofs shall be constructed with a Class -A roof covering as defined by the currently adopted building code. 2. No wood shakes or shingles. C. Projections at the Roofline, including Soffits, Rafters, Porch or Deck Roofs, Fascias, or Other: 1. One (1) hour rated material or any material underlain by 5/8" Type X gypboard or equal, or 2. "Type IV" Heavy Timber materials, per the currently adopted building code. D. Decks, Decking, Cantilevered Floors, or Other Projections Below the Roofline: 1. Construction with noncombustible or one (1) hour rated material, or material with flame spread <25 (tested to ASTM E84 and listed for exterior use), or 2. Conventionally framed deck with waterproof surface and underside protected with 5/8" Type X gypboard or equal (decking as "a" above), or 3. "Type IV" Heavy Timber materials: joist and beams minimum 6"x10 ", columns minimum 8 "x8 ", decking minimum 4" in depth, or decking as "a" above; or equivalent log construction, or 4. Enclose projection vertically to ground with one hour fire resistive materials. Decking as "a" above. E. Railings: 1. Railings must be constructed of noncombustible or "Type IV" Heavy Timber materials. F. Exterior of the Structure, Including All Walls: 1. One (1) hour fire resistive rated materials, or 2. 5/8" gypboard underlying combustible materials, or LUJd Determination No. / 0-2008 Page 4 3. Cement stucco, minimum 3/4" thickness. 4. All glazing to be tempered glazing; and 5. Doom to be metal or wood 1 %" thick minimum. G. Foundations: 1. Four dations, skirting, and crawl space openings shall be fully enclosed and consructed with materials approved for one (1) hour fire- resistive construction on the exterior side of the walls and shall extend from the top of grade to the underside of the floor decking or walls. H. Foundations, skirting and crawl space openings shall be fully enclosed and constructed with materials approved for one -hour fire - resistive construction on the exterior side of the walls and shall extend from the top of grade to the underside of the floor decking: or walls. L Vents shall be screened with corrosive resistant wire mesh with mesh 'A inch maximum. I Roofs and gutters shall be kept clear of debris. K. Yards shall be kept clear of all litter, slash, and flammable debris. L. All flammable materials and firewood/wood piles shall be stored on a parallel contour a minimum of 15 feet away from any structure. M. Weeds and asses within a 15 foot perimeter of all structures shall be maintained to a height of not more than 6 inches. N. Swimming pools or ponds shall be accessible to Fire Department vehicles. O. Fences shall be kept clear of brush and debris. P. Wood fences shall not connect to structures. Q. Fuel tanks sh 11 be installed underground with an approved container. R. Any outbuildings or additional structures shall adhere to the same standards as structures. S. Propane tanks shall be installed according to NFP A 48 standards and on a contour away from the structure with standard defensible space vegetation mitigation around any above-grounc tank. Any wood enclosure around the tank shall be constructed with materials approved for 2 hour fire - resistive construction on the exterior side of the walls. T. Each structure shall have a minimum of one 10 pound approved ABC fire extinguisher placed in a vi ible and accessible location. U. Addresses sh all be clearly marked with 2 inch non - combustible letters and shall be visible and installed on a non - combustible post. V. New utility li; es shall be buried within the driveway. 9. No development, including grading, excavation, fill placement, berming, landscaping, entry or ranch gates, and vegetation removal or disturbance shall occur outside of the approved building, septic and/or access envelopes except for wildfire mitigation. Construction, staging, parking, utility and driveway extension and maintenance shall occur within approved building, or access driveway envelopes. 10. Prior to commencement c f any earthmoving or other construction activity, the Applicant shall stake the corners of the activiiy envelope and install construction fencing around the construction site within the perimeter of the building envelope. The fencing shall remain in place until issuance of a Certificate of Occupancy. 11. All areas disturbed by growing season of the I 12. The Applicant shall .tion shall be re- vegetated with native shrubs and grasses within one completion. with the requirements of the Aspen Fire Protection District. Determination No.+ V -2008 Page 5 13. No calculations for height, bulk, setback, size, floor area, or any other building and zoning requirements have been conducted. These requirements will be considered at the time of building permit. Any structures represented in the application may not be permitted under building and zoning regulations. 14. Prior to issuance of a building permit, the Applicant shall submit a landscape plan that identifies all trees to be removed over 6" d.b.h. on the Lot and mitigates for their removal. 15. 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 Piddn County Land Use Code § 2 -20 -170 and C.R.S. § 24 -68 -105. Tike statutory vested rights granted herein shall expire on October 7, 2011. 16. Failure to comply with the conditions of this approval may result in revocation of this approval, or any subsequent permit(s) or approval(s) related to this property, or vested rights associated with this property. PUBLIC NOTICE WAS PUBLISHED IN THE ASPEN TIMES WEEKLY on the 11'x' day of May, 2008. APPROVED AND ADOPTED this day of QC u 5 f , 2008. PUBLISHED AFTER ADOPTION FOR VESTED REAL PROPERTY RIGHTS in the Aspen Times Weekly on the I R day of 0 E4 '2008 ATTEST: '&I,A,P L a-,QJ"JL, Bonnie Waechtler, Administrative Assistant APPROVED AS TO FORM: John Ely, County Attorne ' P1D# 2735- 013 -04 -002 P 140 -07 Ju0040 COMMUNITY DEVELOPMENT DEPARTMENT HEARING OFFICER OF PITKIN COUNTY, COLORADO By- %-- -.-" r----� James R. True, Hearing Officer Date t 7 o s' APPROVED AS TO CONTENT: As (,Q " �4'd( Cindy Houben, Community Development Director 3 N B99K 5.3.5 PQE956 O0 Cr Declaration of Covenants v s=. , S— icke is Subdivision CD O This Declaration of Covenants is made this 14 day of 1987, by Christopher D. Sickels, herein called G� Declaran RECITALS A. Declarant is the present owner, in fee simple, of certain real property situated in Pitkin County, Colorado, the legal description of which is attached hereto as Exhibit A. B. Declarant has divided such property into two separate lots as more particularly described on the Sickels Subdivision Plat Map (the "Plat ") recorded in Book '/- at Page &0 of the real property records of Pitkin County, Colorado, hereinafter referred to as the "Lots." C. Declarant hereby declares that the Lots shown on the Plat shall be held, sold, and conveyed subject to the following reservations, restrictions, covenants, and conditions,' which are for the purpose of protecting and preserving the value , and desirability of each Lot, and that the same shall run with the land and be binding upon all parties having any right, title, or interest in such Lots, their heirs, successors, and assigns, and the same shall inure to the benefit of each owner thereof, his heirs, successors, or assigns. Article I Development of Lots Each lot shall be restricted to the development of one single - family residence within the following parameters: 1. All improvements (except for utilities, driveways, and retaining walls) shall be constructed within the building envelopes as depicted on the Plat. 40*4 2. The residence to be constructed upon Lot 1 shall not exceed 7,500 square feet of floor area, specifically excluding from the calculation of such floor area, any unen- closed deckF, garage areas, or sabgrade mechanical areas. 3. The residence to be constructed apon Lot 1 shall be entitled to include a deed restricted employee housing unit; provided, however, that the floor area of such unit shall be included in the calculation of .floor area as set forth in Paragraph 2 above. Occupancy of the employee housing unit shall be in accordance with the requirements of Article V hereunder. uUUi, 4 tr� Booth 535 PA-EAW 4. The residence to be constructed upon Lot 2 shall not exceed 6,000 square feet of floor area, specifically exclud- ing from the calculation of such floor area any unenclosed decks, garage areas, or subgrade mechanical areas. 5. Except as set fortis above, all floor areas estab- lished hereunder shall be calcu:tated in accordance with the requirements of the Pitkin County Land Use Code. 6. No further subdivision of Lots created hereunder shall be permitted. Article II Water Use and Ditch Matters 1. Any and all water use on the Lots shall be in compliance with the terms and conditions as contained in the Final Decrees issued pursuant to Application for Underground Water 'ights.filed in Case No. 86CW279, District Court. Water Division No. 5, State of Colorado, and Application for Approval of Plan for Augmentation in Case No. 86CW280, District Court, Water Division No. 5, State of Colorado. For purposes of allocating the 38,000 square feet of permitted lawn irrigation established under such Final Decree, Lot 1 shall be entitled to 26,000 square feet of permitted lawn irrigation and Lot 2 shall be entitled to 12,000 square feet of permitted lawn irrigation. The owners of the Lots shall be entitled to reallocation such permitted lawn irrigation between themselves upon mutual written agreement of such parties. 2. Pursuant to Pitkin County Land Use Code Section 5- 501.10, Declarant hereby relieves the Salvation Ditch Company, its successors and assigns, of any responsibility for damage to development on the Lots caused by the ditch or seepage problems resulting from the ditch; provided, however, that nothing contained herein shall relieve the Salvation Ditch Company of any liability from damage caused to any such improvements as a result of its negligent operation or maintenance of the ditch. Article III Drainage Plans Prior to any construction of improvements on either of the Lots, the owner of the Lot upon which construction is proposed shall (a) submit to the Pitkin .County Building Depart- ment a drainage plan demonstrating that the proposed improve- ments will meet the criteria set forth in Sections 5 -101 and 5 -501.7 of the Pitkin County Land Use Code, and (b) secure the approval of the County Planning Engineer to such plans. A copy of such approved drainage plan shall also be given to the then owner of the other Lot. uu0042 -2- �t to • x� 0*4 R �ooK 535 PAGE958 Article IV Separate Assessment and Taxation -- Notice to Assessor Each Lot shall be conveyed as a separately designated and legally described freehold estate therein, subject to the terms and provisions of these Protective Covenants. Declarant shall give written notice to the ?assessor of Pitkin County, Colorado, of the creation of the separate Lots and shall provide such Assessor with such information as will enable separate assessment of such Lots. Article V Employee Housing Unit Y 1. The owner of Lot 1 hereby covenants that the employee dwelling unit permitted to be constructed by such owner shall at all times remain a rental unit and shall not be condo - miniumized. Use and occupancy of the employee dwelling unit x shall be limited to housing for qualified employees in accor- dance with rental guidelines established by the Housing Authori- ty of the City of Aspen and Pitkin County or a successor there- to. The owner of Lot 1 shall have the right -to lease the unit to a qualified employee of his own selection. S:,ch individual may be an employee of the owner, or employed as a resident caretaker, provided such person fulfills the requirements of a qualified employee. "Qualified r_,--nployee" as used herein shall mean any person currently employed in the City of Aspen or Pitkin County for a minimum average of 30 hours per week, 9 months out of any 12 -month period and who meets the occupancy eligibility requirements established and applied by the Housing Authority with respect to employee housing. 2. Verification or employment of person(s) living in the employee unit shall be completed and filed with the Housing' Authority Office by the owner of Lot 1 prior to occupancy thereof, and must be acceptable to the Housing Authority. If the owner does not rent the employee unit to one of his own 44*4 qualified employees, the unit shall be made available for occupancy by other qualified employees in accordance with the Housing Authority Guidelines, provided the owner shall have the right to approve any prospective tenant, which approval shall not be unreasonably delayed or withheld. 3. The employee dwelling unit is limited to occupancy by not more than two adults. Resident adults must qualify as, and have been found by the Housing Authority to be, employees of the community as referred to above. 4. No lease agreement executed for occupancy of the employee dwelling unit shall provide for a rental term of less than six consecutive months. -3- U00J43 Bas 535 PAGE959 5. The above covenants shall be deemed to ran with the land as a burden thereof for the benefit of, and shall be specifically enforceable by, the Board of County Commissioners of Pitkin County, or the duly authorized designee of the Board of County Commissioners of Pitkin County, by an appropriate .legal action including but not limited to injunction, abatement, or eviction of non - complying tenants during the period of the life of the last surviving member of the presently existing Board of County Commissioners of Pitkin County, Colorado, plus 21 years, or for a period of 50 years from the date of recording hereof in the Pitkin County real property records, whichever period shall be less. Article VI Red Mountain Road Improvement District The owners of Lots 1 and 2 shall be required to join any improvement district formed for the purpose of improving the Red Mountain road, if such district is formed in the future. Article VII General Provisions 1. No Horses. No horses shall be kept or allowed to graze upon either Lot 1 or Lot 2 by any owner of such Lots. 2. Covenants Run With Land. The covenants, ease- ments, reservations, liens, and charges and conditions and restr_ctions shall run with and bind the land and shall inure to the benefit of and be enforceable by the owner or owners of each Lot, their respective legal representatives, heirs, devisees, successors, and assigns. This Declaration, or any provision herein, may be amended or terminated at any time by an instru- ment in writing signed by all then owners of the Lots and all then beneficiaries of Deeds of Trust thereon. In addition, any amendment to Articles I, II, III, V, or VI may only be made with the prior written consent of Board of County Commissioners of Pitkin County, Colorado. Any amendment or revocation to these covenants must be duly recorded in the office of the Clerk and Recorder of the County of Pitkin. 3. Grammar. The singular wherever used herein shall be construed to mean the plural when applicable and the neces- sary grammatical changes required to make the provisions hereof apply either to a corporation or to individuals, men, or women, shall in all cases be amended as though in each case fully expressed. 4. Attorneys' Fees. Should this Declaration become the subject of litigation to resolve a claim of default in performance by either party, the party who is determined to he -4- u61144 F i a�i 01 BOOK 535 p4GE960 in default shall pay the attorneys' fees, expenses, and court costs of the non - defaulting party. 5. Mailing of Notices. Each owner shall supply his mailing address to the other owner, and all notices or demands intended to be served upon any owner shall be either hand delivered or sent by certified mail, postage prepaid, addressed in the name of the owner at such mailing address. Any notice referred to in this paragraph shall be deemed given when depos- ited in the mails in the form provided for in this paragraph. 6. Invalid Provision. If any provision of this Declaration shall be det-e-r—m-i-ni-ea to be void by any court of competent jurisdiction, then such determination shall not affect any other provisions hereof, all of which other provisions shall remain in full force and effect. It is the intention of the Declarant that if any provision of this Declaration is capable of two constructions, one of which would render the provision valid, then the provision shall have the meaning which renders i it valid. i IN WITNESS WHEREOF, the undersigned, being the Declarant herein, has hereunder set his hand and seal the da.- and year first above written. i lk ChrIstop e'h r D. Sicke_I a , t i ACKNOWLEDGEMENT STATE OF COLORADO 1 ss. COUNTY OF PIi'KIN ) The foregoing instrument was acknowledged before me by Alan E._$chwartz, as attorney -in -fact for Christopher D. Sickels this 1� day of 1987. Witness my hand and official seal. My commission expires: Nota Pu i c ......01 Address: 16 �/6 /.a- -5- LJQU 4 ) mox 535 PAGE961 APPROVED AS TO FORM: APPROVED AS TOE CONTENT: fdig r-12� TVals F. Smith, County A a Richman, Planning and Attorney Development Director APPROVED AS TO CONTENT: ASPEN /PITKIN COUNTY HOUSING AUTHORITY By: IL HCQStTttf- HttCCtQ! NAMY - '2useoTr i{ous,rv9 ALth691Ti eAalp-y)lf:N 10.24 -6- A t BOON 535 PACf962 EXHIBIT A Lots 1 and 2 Sickels Subdivision as according to Plat recorded in Plat Book _L�Z_ at Page Pitkin County, Colorado 10.102 juoj-4l I� 00 V k z i 3 :•a'�: •T-1. a- I' . r". J 0 0401 Recorded at _o clock �*l elax 53t} PasE145 Reception No a SILVIA DAVIS PITKIN COUNTY RECORDER RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO, GRANTING GENERAL SUBMISSION, 1041 HAZARD REVIEW AND EMPLOYEE UNIT SPECIAL REVIEW APPROVAL TO CHRISTOPHER D. SICKELS FOR A 50% DENSITY LOT SP7�'T SUBDIVISION Resolution No.. 87- 19 WHEREAS, Christopher D. Sickels (hereinafter "Applicant ") has applied to the Board of County Commissioners of Pitkin County, Colorado (hereinafter "Board ") for a 50% Density Lot Split pursuant to Section 4- 6(b)(5) of the Pitkin County Land Use Code; and WHEREAS, this proposal is to create two lots from a 4.17 acre parcel of land (more specifically described in Exhibit A attached) which contains mapped 1041 Hazards including steep slopes and potentially unstable soils; and WHEREAS, the Applicant has also requested Special Review approval to construct 500 square foot caretaker units to be built within each residence on the two proposed !its; and WHEREAS, the Board reviewed said application at a regularly scheduled and duly noticed public hearing on January 26, 1987, conducted a site inspection on February 2, 1987, and continued the public hearing to February 9, 1987, at which times evidence and testimony were presented with respect to said application. NOW, THEREFORE, BE IT RESOLVED by the Board that it does hereby grant General Submission, 1041 Geologic Hazard Review and Employee Unit Special Review approval to the Applicant subject to the following conditions: 1) At Detailed Submission, the Applicant shall present the following additional information: 0 jU0J4`) g. A drainage plan shall be submitted for review and approval pursuant to Sections 5 -101 and 5 -501.7 of the Land Use Code. h. The building envelope on the eastern lot shall be set back a minimum of 20 feet from the east property line. 2. The recommendations of the Enartech and Chen and Associates reports shall be made conditions of approv- al. A note shall be placed on the plat which referen- ces said reports. 3. To minimize visual impacts the applicant- has committed to limit the size of the proposed residence3 as follows: the residence on the eastern lot shall be limited to 6,000 square feet in size; the residence on the western lot shall be limited to 7,000 square feet in size. Decks and garages shall be excluded from C ►, ROOK 530 ?aSE146 asolution. No. 87- J — ige 2 a. Proposals and plans to minimize the potential for the steep sloping erosion and slope failure on hillside of the property including a plan and performance guarantee to insure the revegetation for the public sewer connec- of the cut required tion. b. An approved water augmentation ro tresidential proposed that well permit(s) p P uses will be permitted. C. Proposed covenants including but not limited to the conditions of the covenants that incorporate approved augmentation plan and covenants that restrict the development of the lots to one single - family residence per lot. d. The provision of a public pedestrian /equestrian trail ea &,ement along the Salvation Ditch. e. The applicant shall obtain a legal access to the Aspen Consolidated.Sanitatior_ District lines. f. The applicant shall comply with the recommenda- Planning Engineer regarding tions of the County road design. Said design shall incorporate access provisions to minimize cut and fill areas that would disturb existing mature vegetation shall The app licant shall unnecessary visual impacts. also provide plans snowing that adequate parking can be provided on -site. g. A drainage plan shall be submitted for review and approval pursuant to Sections 5 -101 and 5 -501.7 of the Land Use Code. h. The building envelope on the eastern lot shall be set back a minimum of 20 feet from the east property line. 2. The recommendations of the Enartech and Chen and Associates reports shall be made conditions of approv- al. A note shall be placed on the plat which referen- ces said reports. 3. To minimize visual impacts the applicant- has committed to limit the size of the proposed residence3 as follows: the residence on the eastern lot shall be limited to 6,000 square feet in size; the residence on the western lot shall be limited to 7,000 square feet in size. Decks and garages shall be excluded from C ►, Resolution No. Yage 3 these square footage limitations consistent with 4- V, e requirements of the Land Use Code. An employee unit shall be permitted on the western lot subject to the limitations and conditions recommended by the Aspen /Pitkin County Housing Authority. The have an proposed unit nso thateimpa is to adjacent t , property employes unit, owners will be minimized. 87- i `� - eaau 530 ,AGE 147 4. 5. 1987. 6. The owners of each lot shall commit to joining improvement district for the Red Mountain area is formed. At detailed submission, the applicant shall fire protection for the proposed residences. a road if one address APPROVED by the Board at its regular meeting on February 23, BOARD OF COUNTY COM USSSSIIOON =Georg..sen, CL Cd-z rman L ATTEST: Pa Belfont, De �CountyClerk �.; APPROVED AS TO FORM: T as F. �MKh, County Attorney FR. 200 0l.�.�lj APPROVED AS TO CONTENT: �� - Alan Richman, Planning and Development Director i� I soak 530 FAA48 EXHIBIT A M policy unt, ^^ of and is described as follows: Tile land referred to in thiP1TKINts situated in the State of Colorado, Section 1, That part of that certain tract of land e 85 West of the 6th Principal meridian, the deed situated in the ECrk and Recorder Township 10 South, Range Office of the Pitkin County of which is of record in the a line 10 feet Northerly r in Book ls5 at Page 432,'bounded on the South line of the Denver and Rio -of -way described line: of and parallel to the Northerly right of the following Grande Western Railroad and lying Easterly point on the Northerly line of said certain tract a land Beginning at a p of and whence the 026' corner of said torintersectna lines l0 feet Northerly feet; thence s 25 W on line of Said D. &R.G.W.R.R. parallel to the Northerly right -of -way t TOGETHER with a right of way for ingress an? egress over, along and across € to the Plat of the Pitkin Green Subdivision d throe tht ,private road according as Document No. 105492, which road extends from ock 1,a tkineGreen Sundivisionuto Lot 13 and portions of Lots 11, 12 and 1-A, a 170_ { Way as set forth in instrument recorded in 3ook 186 at a9 Willoughby lo r y�F.. li00J,jl A CK "a* ,y N BOOK 535 PAGE963 t `� �' CG TRAIL EASEMENT AND RIGHT -OF -WAY s `: CD O m This Easement Agreement is made and entered into this day of May, 198?,. by Christopher D. Sickels, (hereinafter "Grantor "), and The City of Aspen, a home rule municipal corpor- ation, Pitkin County, Colorado (hereafter "Grantee-'). W I T N E S S E T H: WHEREAS, Grantor is the record owner of that certain parcel of land described by metes and bounds on Exhibit A attached hereto and by this reference incorporated herein (the "Sickels Parcel "); and WHEREAS, Grantee has subdivided the Sickels Parcel into two lots pursuant to the Final Plat of the Sickels Subdivi- sion recorded -1 i 198;, in Book at Page ;C c. of the Pitkin Coun y real property records; an WHEREAS, the referenced plat contains a pedestrian/ equestrian trail easement along the Northerly boundary of the Sickels Parcel; and WHEREAS, Grantor is desirous of conveying to Grantee a perpetual and non - exclusive pedestrian /equestrian trail easement and right -of -way over and across that part of the Sickels Parcel as shown on the referenced Plat thereof and as described below (the "subject easement ") , pursuant to the terms and conditions hereafter enumerated; and WHEREAS, the Grantee is desirous of accepting the subject easement under the terms and conditions hereafter enumerated. NOW, THEREFORE, for and in consideration of the mutual terms, promises,.covenants, and conditions contained herein, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows: I DESCRIPTION Grantor hereby grants and conveys to Grantee, _-tc successors and assigns forevor, a perpetual and non - exclusive pedestrian /equestrian trail easement and right -of -way fifteen (15) feet in width, the Northerly boundary of which shall be the centerline of the Salvation Ditcli where the centerline of the Salvation Ditch constitutes the Northerly boundary of the Sickels Parcel. The Northerly boundary of the subject easement, as well as the remainder of the subject easement, is described �U�: Jj2 I i� t I� BBOH 535 PAGE and set forth -on the Plat Map for the Sickels Subdivision recorded in Plat Book _/ at Page � of the real property records of Pitkin County, Colorado. Further, Grantor grants to Grantee the right to construct and maintain a trail within the subject easement. The subject easement shall be kept in its natural existing state to the extent possible and in no event shall the trail ever be hard surfaced in any manner without the express written agreement of Grantor, his successors or assigns. II USE The subject easement shall be for multi- recreational non - motorized use, including but not limited to, cross country skiing, hiking, bicycling, equestrian and similar uses. III MOTOR VEHICLES The use of motorized vehicles, including but not limited to, four - wheel -drive vehicles, motorcycles, mopeds, and all- terrain vehicles (except for the construction, maintenance, repair of improvements, creation and maintenance of nordic ski trails) and camping and campfires shall be strictly prohibited. Grantee shall, at its expense, erect signs at the entrances to the Sickels Parcel prohibiting the use of motorized vehicles, identifying the boundaries of the trail, and specifically stating that the adjoining lands are private property. IV COMMERCIAL USE The subject easement shall not be used for commercial purposes. V DEDICATION Grantee recognizes the subject easement as a dedica- tion pursuant to the provisions of Section 5- 501.12 (or any amendment thereto) of the Pitkin County Land Use Code. VI ACCESS Grantor expressly retains the right to traverse (if necessary) the subject easement with vehicular traffic a.lonq that portion of the subject easement which may co -exist with th(:! -2- Book 535 PAGE965 entrance to Grantor's property for the parpose of accessing the Grantor's property. VII OBSTRUCTIONS Grantor agrees not to obstruct, impede, or interfere with the subject easement, and Grantee shall not irterfere with the rights of Grantor for ingress and egress to the Grantor's property. VIII MAINTENANCE Grantee shall police and maintain the subject easement and the trail constructed thereon, and further, shall adopt and enforce reasonable rules and regulations for the use of the trail, which rules and regulations shall be subject to the reasonable approval of Grantor, his successors or assigns. In the event Grantee fails to reasonably enforce the rules and regulations for the use of the subject easement and the trail constructed thereon Grantor may, upon thirty (30) days' written notice to Grantee, close the subject easement pending resolution of the dispute. XI INDEMNIFICATION Grantee shall indemnify and hold Grantor, his succes- sors and assigns, harmless from and against any and all claims, liability, loss, expense, damages, or causes of actions, includ- ing all attorneys' fees, for any and all damages incurred by Grantor, his successors or assigns, as a result of Grantee's use of the subject easement and further indemnifies and holds Grantor, his successors or assigns, harmless from and against any order, decree or judgment which may be entered in any action brought for damages or alleged damages resulting from injury to person or property or the loss of life sustained in or about the subject easement or Grantor's property, and from any damage or injury of any kind to Grantor's Property, or for any matter or thing growing oat of the use or occupation of the subject easement and /or Grantor's property, or any part thereof, or possession occasioned by the Grantee, ii.s agents, employees or assigns, respectively, or which may be uc:casioncd by any person or thing whatsoever or which :.,y be caused b1 the operations of the Grantee or any of its agents in construction or maintenance of the trail. Notwithstanding the above, nothing described herein shall excuse, reduce or release Grantor from liability for Grentor.'s own negligent, reckless or deliberate acts or those of his agents, employees or assigns resulting in claims, 4 -3- U r� v BooK 535 PAA66 expenses, damages, or causes of action, including legal fees, against the Grantee or Grantor. X CARE Grantee agrees to use reasonable care in the construc- tion of the trail within the subject easement and to avoid damage to the land and improvements thereon and further agrees to restore such land and improvements to their condition immedi- ately prior to such trail construction by appropriate grading, planting and repair. XI WHOLE AGREEMENT It is expressly agreed that this Agreement contains the entire understanding of the parties relevant to the sabje!t matter hereof and that there are no verbal or written represen- tations, agreements, warranties or promises pertaining to the subject matter hereof not expressly incorporated in this writ- ing. XII MODIFICATION It is agreed that neither this Agreement nor any of its terms, provisions, conditions, representations or covenants can be modified, changed, terminated, amended, superseded, waived, or extended except by an appropriate written instrame:it duly executed and subsequently recorded by all the parties, their successors or assigns. XIII SEVERABILITY If any of the provisions of this Agreement shall be held invalid, illegal or unenforceable, it shall not affect or impair the validity, '_gality or enforceability of this Agree- ment itself or any other provision hereof; and there will be substituted for the affected provision a valid and enforceable provision as similar as possible to the affected provision which shall, to the maximum extent possible, provide for the intent of the parties as set forth in the original provision. ..e- 6U01JJJ c j ti f � El 1 I� XIV BOOR 535 PAGE967 TITLE Grantor warrants that title to the property encumbered hereby is in the name of Grantor, and further warrants that the title is good and sufficient as against all the world. XV ALL LIENHOLDERS CONSENT Grantor warrants that the property encumbered hereby is free of lienholders who have not i-;onsent.ed to this grant of the subject e«sement to Grantee. XVI BINDING EFFECT, COVENANT RUNNING WITH THE LAND This Easement Agreement shall be binding upon and inure to the benefit of the parties hereto, their respective heirs, personal representatives, successors and assigns and shall be deemed to Le a burden and benefit running with the land. , IN WITNESS WHEREOF, the parties have hereto set their hands and seals on the date and year shown. Ch��L'a �.S,1� cl" r D. Sickels by Alan E. Schwartz as nis attorney -in -fact CITY OF ASPEN, COLORADO � Ey William L. Stirling, May at ryn 11oth C %ty Cle if (Acknowledgements or; next page) •- 5 - 601 J Jb Easy Peet® Labels Use Avery@ Template 51600 1160 LLC 1150 RIVER DR ASPEN, CO 81611 BUTERA SOPHIE HARVEY RES TRUST 15% 1220 RED BUTTE DR ASPEN, CO 81611 ERIKSEN RANCH CO LLC 96 GRAND ST # 4F NEW YORK, NY 10013 HAZEN BRIAN L 514 E HYMAN AVE ASPEN, CO 81611 KATCHER GERALD & JANE 4197 DOUGLAS RD MIAMI, FL 33133 LOT 14 PITKIN GREEN LLC 604 E 4TH ST #201 FORT WORTH, TX 76102 SHOOK BARBARA INGALLS 2000 MORRIS AVE #1210 ATTN: LYNDA LEWIS BIRMINGHAM, AL 35203 ♦ Bend along line to ; Attachment 10 iFeed Paper expose Pop -Up Edge7m i AHUJA ARVIND ASPEN QPRT 50% AHUJA NAM T GRE ASPEN QPRT 50% EW RD GREENDALENDALE, WI 53129 GREENDALE, WI 53129 BUTERA T RICHARD 5% CANMAT LLC PMB 306 5925 CHRISTMAS LAKE RD 300 PUPPY SMITH ST #220 EXCELSIOR, MN 55331 ASPEN, CO 81611 -1454 GRUENBERG WILLIAM A & JOYCE HACKETT BUDDY 40% TRUSTS 800 WHITTIER DR PO BOX 704 BEVERLY HILLS, CA 90210 ASPEN, CO 81612 -0704 HAZES BRIAN L 20% 152 W 57TH ST 56TH FLR 720E HYMAN AVE ASPEN, CO 81611 NEW YORK, NY 10019 KITCHEN ELIZABETH F REV TRUST 20% 1836 COLUMBIA RD NW TRUST 29 SANTA MONICA, WASHINGTON, DC 20009 SANTA MOIC CA 90402 MOUNT DALY LLC PITKIN COUNTY 7688 SE 27TH ST #224 530 E MAIN ST #302 MERCER ISLAND, WA 98040 ASPEN, CO 81611 oa MA� 7,017, ttiquettes fadles 6 peter ; A Repliex 6 la hachure afin 4e ; www.avery.com Utilisez le abarit AVERY® 5160 Sens de r6veler le rebord Pop -UpTm 1- 800 -GO -AVERY g chargement 1 A 1 i 1 Attachment 11 PITKIN COUNTY COMMUNITY DEVELOPMENT DEPARTMENT AGREEMENT FOR PAYMENT OF LAND USE APPLICATION FEES PITKIN COUNTY (hereinafter COUNTY) and Elesabeth Shook (hereinafter APPLICANT) AGREE AS FOLLOWS: 1. APPLICANT has submitted to COUNTY an application for Site Plan Review and Minor Plat Amendment (hereinafter, THE PROJECT). 2. APPLICANT understands and agrees that Pitkin County Ordinance No. 030 -2009 establishes a fee structure for land use applications and the payment of all processing fees is a condition precedent to a determination of application completeness. The fee structure is based on the County's policy that development shall pay, in full, the cost of development review in Pitkin County. Fees have been set to be consistent and fair to the public and to reflect the expense incurred in providing such services to the public. 3. APPLICANT and COUNTY agree that because of the size, nature or scope of the proposed project, it may not be possible at the time of application to ascertain the full extent of the costs involved in processing the application. 4. APPLICANT and COUNTY agree that fees charged for the processing of land use applications shall accumulate if an application includes more than one type of land use review. 5. 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. 6. 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 a base fee in the amount of S 1.560 which is based on 5 hours of staff time, and if actual time spent by staff to process the application exceeds the average number of hours by more than 20 %, then the COUNTY will bill the APPLICANT quarterly for the additional time spent. 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 Cindy Houben Community Development Director Effective 01/26/2010 QcountytadminWorms\agreement to pay uh0J58 Elesabeth Shook Pr' Nam ignature Date: A s: Mailing dres 1170 Willoughby Way Aspen CO 81611 Attachment 12 PITKIN COUNTY PRE- APPLICATION CONFERENCE SUMMARY PLANNER: Mike Kraemer DATE: April 30, 2012 PHONE: (970) 920 -5482 E -MAIL: michaeMeo.pitkin.co.us LOCATION: Lot 2 of the BOCC approved Sickles Subdivision, 1170 Willoughby Way PARCEL ID's #: 273501304002 ZONE: R-3 0 OWNER/APPLICANT: Shook [,r, fbcAro, i N Ga 1-1 -S LOT SIZE: 1.8 acres REP: Jennifer Dolecki -Smith EMAIL and PHONE; Jennifer (a),escauegardendesign.com, 618 71019 Type of Application: Site Plan Review and Minor Plat Amendment Description of Project/Development: The Applicant desires to gain Site Plan approval for construction of a pond. The pond is proposed within a previously approved Activity Envelope. This envelope was approved as part of a Site Plan Review in 2008 for a single family residence. The Site Plan was never recorded, nor was the residence ever constructed. Because the envelopes in the Sickles Subdivision are platted, the Applicant shall prepare an "amended plat" for the application. Land Use Code Sections to address in letter of requestlapplication: • Sec. 7- 10 -50: Activity Envelope; • Sec. 7- 20 -10: Site Preparation and Grading; • Sec. 7- 20 -30: Water Courses and Drainage; Review by: Community Development Director Public Hearing? NO. However, the Applicant shall post a public notice sign on the property at least 15 days prior to the date specified for the Public Hearing pursuant to Sec. 2- 20- 100(a)(3) of the Land Use Code. In addition, the Applicant shall mail notice at least 30 days prior to the Public Hearing (by first class mail) to all property owners within 300' of the subject property with the return address of the Community Development Department (form 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 appear no more than 60 days prior to the date of the Public Hearings. Staff will refer to: Pitkin Green HOA. FEES: $2,101 (make check payable to "Pitkin County Treasurer ") ■ $1,560 Planning flat fee (non - refundable; based on 5 hours of staff time; if staff review time exceeds 6 hours, the Applicant will be charged for additional time in excess of 5 hours at a rate of $312/hour) ■ $54 Public Notice ■ $25 Web Tech Fee ■ $462 Planning/Zoning Technician To apply, submit 1 co (unbound) of the following information, unless noted otherwise: 1. Letter of request summarizing prior approvals and addressing (in detail) each of the provisions of the Pitkin County Land Use Code identified above and sufficient to demonstrate that all substantive review criteria have been met; 00000 J`.; Page of PUBLIC NOTICE NOTICE IS HEREBY GIVEN to the general public that on June 28, 2012, the Pitkin County Community Development Director granted approval for the Estate of Barbara Ingalls Shook Site Plan Review and Minor Plat Amendment (Case P048 -12; Deter. #43- 2012). The property is located at 1170 Willoughby Way and is legally described as Lot 2, Sickles Subdivision. The State Parcel Identification Number for the property is 2735- 013 -04 -002. This site - specific development plan grants a vested property right pursuant to Title 24, Article 68, Colorado Revised Statutes. S /Cindy Houben Community Development Director Pitkin County, Colorado Published in the Aspen Times Weekly, on JULY 12, 2012. PUBLIC NOTICE RE: Shook Site Plan Review and Minor Plat Amendment (Case P048 -12) NOTICE IS HEREBY GIVEN that an application has been submitted by Barbara Ingalls Shook (2000 Morris Avenue, #1210, Birmingham, AL 35203) requesting for Site Plan approval for construction of a pond. The property is located at 1170 Willoughby Way and is legally described as Lot 2, Sickles Subdivision. The State Parcel Identification Number for the property is 2735- 013 -04 -002. The application is available for public inspection in the Pitkin County Community Development Department, City Hall, 130 S. Galena St., Aspen, CO 81611. For further information, contact Mike Kraemer at (970) 920 -5482. Published in the Aspen Times Weekly on May 24, 2012. Attention All Property Owners within 300' of the subiect property A property owner receiving this public notice who wishes to submit comments or an objection shall submit those to the Pitkin County Community Development, 130 South Galena Street, Aspen, Colorado 81611, by June 25, 2012. If any objections to the development application are received the Community Development Department shall continue the application to a public hearing before the Hearing Officer. http: / /www.aspenpitkin.com /Portals /0 /docs /county /Com %2ODev /Plannin /g Land Use AAp licatio ns /P048 12 app.pdf lob STAN CLAUSON ASSOCIATES INC landscape architecture. planning. resort design 412 North Mill Street Aspen, Colorado 81611 t.970/925-2323 f•970/92o -1628 info@scaplanning.com www.scaptanning.com 20 June 2012 Mr. Michael Kraemer Planner, Pitkin County Community Development Department 130 S. Galena Street, 3rd Floor Aspen, CO 81611 �G �122 O� Re: Shook Site Plan Review and Minor Plat Amendment / Affidavit of Notice and Mailina Dear Mike: On behalf of our client, please accept the Affidavit of Notice and Mailing for the above referenced matter. Please call me with any questions. Very truly yours, Patrick S. Rawley, AICP Stan Clauson Associates, Inc. -S County of Pitkin ) AFFIDAVIT OF NOTICE & } ss. MAILING PURSUANT TO State of Colorado } PITKIN COUNTY LAND USE CODE SECTION 2 -20 -100 I, Stan Clauson, being or representing an Applicant to the Pitkin County Development Department, personally certify that I have complied with the public notice requirements pursuant to Section 2 -20 -100 of the Pitkin County Land Use Regulations in the following manner: 1. By mailing of notice, a copy of which is attached hereto, by first -class, postage prepaid U.S. Mail at least 2 weeks prior to the public comment deadline to all owners of property within 300' of the subject property, as indicated on the attached list, on 21 May, 2012 (which is 30 days prior to the deadline of 25 June, 2012). The names and addresses of the adjacent property owners shall be those on the current tax records of Pitkin County as they appeared no more than 60 days prior to the public comment. 2. By posting a sign in a conspicuous place on the subject property (as it could be seen from the nearest public way) on the 8 June, 2012, which is at least fifteen (15) days prior to the public comment deadline. A photograph of the posted sign is attached hereto. Elesabeth Shook Applicant's name Signa e Signed before me this 12 day of June, 2012 by Stan Clauson WITNESS MY HAND OFFICIAL SEAL My commission expires: -f ;Z'9 2012 Patrick S. Rawley Notary Public Notary Public's Signature ctakcr DNNd inb Unit Am•' Qr: NOTARY��..c • PUBLIC . • .0. f ao�. My C WjWM Ey nt 07rt312012 Easy;'1eel19 Labels i ♦ Bend along line to i n AVERY® 51600 Use °1® Template 51600 j Feed Paper �� expose Pop -Up EdgeTm 1 V 1 1160 LLC 1150 RIVER DR ASPEN, CO 81611 BUTERA SOPHIE HARVEY RES TRUST 15% 1220 RED BUTTE DR ASPEN, CO 81611 ERIKSEN RANCH CO LLC 96 GRAND ST # 4F NEW YORK, NY 10013 HAZEN BRIAN L 514 E HYMAN AVE ASPEN, CO 81611 KATCHER GERALD & JANE 4197 DOUGLAS RD MIAMI, FL 33133 LOT 14 PITKIN GREEN LLC 604 E 4TH ST #201 FORT WORTH, TX 76102 SHOOK BARBARA INGALLS 2000 MORRIS AVE #1210 ATTN: LYNDA LEWIS BIRMINGHAM, AL 35203 t:tiquettes faciles a peler ; Utilisez le gabarit AVERY® 51600 AHUJA ARVIND ASPEN QPRT 50% 6321 PARKVIEW RD GREENDALE, WI 53129 BUTERA T RICHARD 5% PMB 306 300 PUPPY SMITH ST #220 ASPEN, CO 81611 -1454 GRUENBERG WILLIAM A & JOYCE TRUSTS PO BOX 704 ASPEN, CO 81612 -0704 HAZES BRIAN L 20% 720 E HYMAN AVE ASPEN, CO 81611 KITCHEN ELIZABETH F REV TRUST 20% 29 LATIMER RD SANTA MONICA, CA 90402 MOUNT DALY LLC 7688 SE 27TH ST #224 MERCER ISLAND, WA 98040 Se de Repliez A la hachure afin de chargement reveler le rebord Pop -UpTM j AHUJA NAMRATA ASPEN QPRT 50% 6321 PARKVIEW RD GREENDALE, WI 53129 CANMAT LLC 5925 CHRISTMAS LAKE RD EXCELSIOR, MN 55331 HACKETT BUDDY 40% 800 WHITTIER DR BEVERLY HILLS, CA 90210 JFI -FLA LLC 152 W 57TH ST 56TH FLR NEW YORK, NY 10019 LEHRMAN FAMILY TRUST 1836 COLUMBIA RD NW WASHINGTON, DC 20009 PITKIN COUNTY 530 E MAIN ST #302 ASPEN, CO 81611 www.avery.com 1- 800 -GO -AVERY ' .RECEPTION #: 560185, 06/24/2009 at 09:40:25 AM, 1 OF 5, Janice K. Vos Caudill, Pitkin County, CO r crif ID Recorded at Reception No. o'clock M DEED OF TRUST THIS INDENTURE, Made this 22nd day of June, 2009 between R $26.00 Recorder THE ESTATE OF BARBARA INGALLS SHOOK, DECEASED, a probate estate administered in Jefferson County, Alabama, by ARLINGTON TRUST COMPANY, INC., an Alabama Corporation, and ELESABRTH RIDGELY SHOOK, a resident of the State of Alabama, as Co- Personal Representatives, with an address of c/o Arlington Trust Company, 2000 Morris Avenue, Birmingham, Alabama 35203 hereinafter referred to as grantor, and the Public Trustee of the County of PITKIN, State of Colorado, hereinafter referred to as Public Trustee, WITNESSETH, THAT, WHEREAS, ARLINGTON TRUST COMPANY, INC. and BLESABETH RIDGELY SHOOK, as Co- Personal Representatives of the ESTATE OF BARBARA INGALLS SHOOK, DECEASED have executed a promissory note or notes, hereinafter referred to in the singular, dated June 22, 2009 for the aggregate principal sum of Ten MILLION AND 00 /100ths DOLLARS ($10,000,000.00) _ payable to the order of FIRST COMMERCIAL BANK, an Alabama state banking corporation, with an address of 800 Shades Creek Parkway, Birmingham, Alabama 35209, payable as follows: (a) Seven Million and 00 /100ths Dollars ($7,000,000.00) after the date hereof, with interest thereon from the date thereof at the rate of six per cent (6 %) per annum, beginning on September 22, 2009, and on each December 22, March 22, and June 22 thereafter, Grantors shall pay to Lender interest on the unpaid principal balance hereof. The entire unpaid principal balance of such loan and all interest accrued thereon, to and including the maturity date and all late fees shall, unless sooner paid, and except to the extent that payment thereof is sooner accelerated, be and become due and payable on June 22, 2014, the maturity date of such indebtedness; and (b) Three Million and 00 /100ths Dollars ($3,000,000.00) after the date hereof, with interest thereon from the date thereof at the rate of five and one -half per cent (5.5t) per annum, beginning on September 22, 2009, and on each December 22, March 22, and June 22 thereafter, Grantors shall pay to Lender interest on the unpaid principal balance hereof. The entire unpaid principal balance of such loan and all interest accrued thereon, to and including the maturity date and all late fees shall, unless sooner paid, and except to the extent that payment thereof is sooner accelerated, be and become due and payable on June 22, 2011, the maturity date of such indebtedness AND WHEREAS, the grantor is desirous of securing payment of the principal and interest of said promissory note in whose hands soever the said note may be. NOW THEREFORE, the grantor, in consideration of the.premises and for the purpose aforesaid, does hereby grant, bargain, sell and convey unto the said Public Trustee in trust forever, the following described properly, situate in the County of PITKIN, State of Colorado, to wit: See attached legal description. also known by street and number as 1170 Willoughby Way, Aspen, CO. TO HAVE AND TO HOLD the same, together with all and singular the privileges and appurtenances thereunto belonging: In trust nevertheless, that in case of default in the payment of said note or any part thereof, or in the payment of the interest thereon according to the tenor and effect of said note, or in the payment of any prior encumbrances, principal or interest, if any, or in ease default shall be made in or in case of violation or breach of any of the terms, conditions, covenants or agreements herein contained, the beneficiary hereusnder or the legal holder of the indebtedness secured hereby may declare a violation of any of the covenants herein contained and may elect to advertise said property for sale, and demand such sale by filing a notice of election and demand for sale with the Public Trustee. Upon receipt of such notice of election and demand for sale, the Public Trustee shall cause a (W0695696) di•� �` security Titie RECEPTION #: 560185, 06/24i2009 at 09:40:25 AM, 2 OF 5, Janice K. Vos Caudill, Pitekin County, CO copy of the same to be recorded in the recorders office of the county in which said property is situated. The Public Trustee shall then give public notice of the time and place of sale by advertisement to be published for four weeks (once each week for five successive weeks) in some newspaper of general circulation at that time published in the county or counties in which said property is located. A copy of such notice shall be mailed within ten days after the date of the first publication' thereof to the grantor at the address given herein, to such persons appearing to have acquired a subsequent record interest in said property at the address given in the re orded instrument, and to any other persons as may be provided by law. It shall and may then to lawful for the Public Trustee to sell said property for the highest and best price the same will bring in cash and to dispose of the same (en masse or in separate parcels, as the said Public Trustee may think best), together with all the right, title and interest of t e grantor therein, at public auction at any place as may be specified by statute and designated in the notice of sale. The Public Trustee shall make and give to the purchaser of such propei7ty at such sale, a certificate in writing containing; a description of such property purchased: the sum paid therefore; a statement that said purchaser shall be entitled to a deed therefore, unless the same shall be redeemed as is provided by law; and in the event of a continuance of the sale, a recital that the sale was duly continued. The Public Trustee shall, uF n demand by the person holding the said certificate of purchase, when said demand is made or upon demand by the person entitled to a deed to and for the property purchased at the time euch demand is made, the time for redemption having expired, make and execute to such person a deed to the said property purchased. Said deed shall be in the ordinary form of a conveyance, and shall be signed, , acknowledged and delivered by the said Public Trustee and shall ;confirm the foreclosure sale and sell. and convey to such person entitled to such deed the property purchased as aforesaid and all the right, title, interest, benefit and equity of redemption of the grantor therein.-The Public Trustee shall, out of the proceeds ojL avails of such sale, after first paying and retaining all fees, charges and costs of m4ing said sale, pay to the beneficiary hereunder or the legal holder of said note, the principal and interest due on said note according to the tenor and effect thereof, and all moneys advanced by such beneficiary or legal holder of said note for insurance, taxes and assessments, with interest thereon at 11 per cent per annum, rendering the overplus, if any, unto those persons entitled thereto as a matter of law. Said sale and said deed so made shall be a perpetual bar, both in law and equity, against the grantor and all other persons claiming the said property, or any part thereof, by, from, through or under the grantor. The holder of said note may purchase said property or any part thereof; and it shall not be obligatory upon the purchaser at any such sale to see to the application of the purchase money. And the grantor covenants and agrees to and with the Public Trustee, that at the time of the ensealing of and delivery of these presents it is well seized of the said land and tenements in fee simple, and has good right, full power and lawful authority to grant, bargain, sell and convey the same in the manner and form as aforesaid; hereby fully and absolutely waiving and releasing all rights and claims it may have in or to said lands, tenements, and property as a Homestead Exemption, or other exemption, under and by virtue of any act of the General Assembly of the State of Colorado, or as any exemption under and by virtue of any act of the United States Congress, now existing or which may hereafter be passed in relation thereto and that the same are free and clear of all.liens and encum rances whatever and the above bargained property in the quiet and peaceable possession of the Public Trustee, against all and every person or persons lawfully claiming or to claim the whole or any part thereof, the grantor shall and will Warrant and Forever Defend. Until payment ij and assessments levied and interest or other s improvements that may b extended coverage, in a beneficiary hereof in a reduction by co- insuran indebtedness. Each poli mortgagee and shall fur thirty days written not original policy or poli security for the indebt policies or to pay taxe payable upon senior enc procure any such insura llt per annum shall be of Trust and may be pai the grantor. In additi {WO695696} IN full of the indebtedness, the grantor shall timely pay all taxes n the property; any and all amounts due on account of principal ms on any senior encumbrances, if any; and will keep all on said lands insured against any casualty loss, including company or companies meeting the net worth requirements of the amount which will yield to the holder of the indebtedness, after e provisions of the policy, if any, not less than the then total y shall contain a loss payable clause naming the beneficiary as her provide that the insurance may not be canceled upon less than ce to the beneficiary. At the option of the beneficiary, the ies of insurance shall be delivered to the beneficiary as further dness. Should the grantor fail to insure and deliver the or assessments as the same fall due, or to pay any amounts mbrances, if any, the beneficiary may make any such payments or ce, and all monies so paid with interest thereon at the rate of dded to and become part of the indebtedness secured by this Deed out of the proceeds of the sale of the property if not paid by n, and at its option, the beneficiary may declare the ,RECEPTION #: 560185, 06/24/2009 at 09:40:25 AM, 3 OF 5, Janice K. Vos Caudill, Pitkin County, CO indebtedness secured hereby and this Deed of Trust to be in default for failure to procure insurance or make any of the payments required by this paragraph. If all or any part of the property or an interest therein is sold or transferred by the grantor without beneficiary's prior written consent, excluding (a) the creation of a lien or encumbrance subordinate to this Deed of Trust, (b) the creation of a purchase money security interest for household appliances, (c) a transfer by devise, descent or by operation of law upon the death of a joint tenant or (d) the grant of any leasehold interest of three years or less not containing an option to purchase, beneficiary may, at beneficiary's option, declare all the sums secured by this Deed of Trust to be immediately due and payable. Beneficiary shall have waived such option to accelerate if, prior to the sale or transfer, beneficiary and the person to whom the property is to be sold or transferred reach agreement in writing that the credit of such person is satisfactory to beneficiary and that the interest payable on the sums secured by this Deed of Trust shall be at such rate as beneficiary shall request. AND THAT IN CASE OF ANY DEFAULT whereby the right of foreclosure occurs hereunder, the holder of said note or certificate of purchase shall at once become entitled to the possession, use and enjoyment of the property aforesaid, and to the rents., issues and profits thereof, from the accruing of such right and during the pendency of foreclosure proceedings and the period of redemption, if any there be: and such possession shall at once be delivered to the holder of said note or certificate of purchase on request, and on refusal, the delivery of such possession may be enforced by the holder of said note or certificate of purchase by an appro riate civil suit or proceeding, and the holder of said note or certificate of purchas�, or any thereof, shall be entitled to a Receiver for said property, and of the rents, issues and profits thereof, after such default, including the time covered by foreclosure proceedings and the period of redemption, if any there be, and shall be entitled thereto as a matter of right without regard to the solvency or insolvency of the grantor or of the then owner of said property and without regard to the value thereof, and such Receiver may be appointed by any court of competent jurisdiction upon ex parts application and without notice - notice being hereby expressly waived - and all rents, issues and profits, income and revenue therefrom shall be applied by such Receiver to the payment of the indebtedness hereby secured, according to law and the orders and directions of the court. AND, that in case of default in any of said payments of principal or interest, according to the tenor and effect of said payments of principal or interest, according to the tenor and effect of said promissory note or any part thereof, or of a breach or violation of any of the covenants or agreements herein, by the grantor, then and in that case the whole of said principal sum hereby secured and the interest thereon to the time of the sale may at once, at the option of the legal holder thereof_, become due and payable, and the said property be sold in the manner and with the same effect as if said indebtedness had matured, and'that if foreclosure be made by the Public Trustee reasonable attorney's fees for services in the supervision of said foreclosure proceedings shall be allowed by the Public Trustee as a part of the cost of foreclosure, and if foreclosure be made through the courts a reasonable attorney's fee shall be taxed by the court as a part of the cost of such foreclosure proceedings. It Is Further Understood and Agreed, that if a release of this deed of trust is required, the grantor will pay the expense thereof; that all the covenants and agreements herein contained shall extend to and be binding upon the heirs, personal representatives, successors and assigns of the respective parties hereto; and that the singular numbers shall include the plural, the plural the singular, and the use of any gender shall be applicable to all genders. Executed this 22nd day of June, 2009. 1WO6956961 [RENAINDER OF PAGE INTENTIONALLY LEFT BLANK] RECEPTION #: 560185, 06/242009 at 09:40:25 AM, 4 OF 5, Janice K. Vos Caudill, Pit;kin County, CO State of ALABAMA County of JEFFERSON The foregoing instrum William K. Nicrosi, a Representative of the Witness my hand and s My Commission Expires 11 } } as. } THE ESTATE OF BARBARA INGALLS SHOOK, DECEASED, a probate estate administered in Jefferson County, Alabama By: ARLINGTON TRUST COMPANY, INC., An Alabama Corporation, Co- Personal Represen tive By /;� Wi liam K. Nicrosi Its President f lesabeth Ridgely S ook Co- Personal Representativel nt was acknowledged before me this ')�,L day of June, 2009 by President of Arlington Trust Company, Inc., Co- Personal Estate of Barbara Ingalls Shook, Deceased. al. 3 � aols No ary Public State of tom=— j County of Je- Ce(�y( ) ss. +- The foregoing instr Elesabeth Ridgely S Shook, Deceased. Witness my hand and My Commission Expires: IW0695696} 1! was acknowledged before me this � day of June, 2009 by as Co- Personal Representative of the Estate of Barbara Ingalls 8 ate 3 to ublic I� ,RECEPTION #: 560185, 06/24/2009 at 09:40:25 AM, 5 OF 5, Janice K. Vos Caudill, Pitkin County, CO LEGAL DESCRIPTION A parcel of land located in a portion of Lot 13, Block 1, Pitkin Green Subdivision, according to the Plat on file as Document No. 105492, Ditch Book 2A, at Page 232 & 244, as described in the warranty deed recorded at Book 360 Page 677, together with Lot 2, Sickels Subdivision, according to the Plat thereof filed in Plat Book 19 Page 60 all in the Clerk and Recorders Office, Pitkin County, Colorado, being more fully described as follows: Beginning at a point on the East Line of said Lot 13 also being the Southeast corner of Parcel B of said warranty deed in Book 360 at Page 677 whence the Southeast corner of said Lot 13 bears S13 °07'00 "W a distance of 100.58 feet; thence N °13'07'00 "E along the East line of said Lot 13 a distance of 20.04 feet to the Northeast corner of Parcel B also being the Northeast corner of Parcel A of said warranty deed; thence continuing along the East line of said Lot 13 N13 °07'00 "E 176.21 feet to the Northeast corner of Lot 13 to a point on the centerline of the Salvation Ditch; thence along the Northerly line of said Lot 13 also being the centerline of Salvation Ditch the following two (2) courses: N75 °12'00 "W a distance of 42.19 feet; thence N71 °42'00 "W a distance of 223.42 feet to the Northwest corner of said Lot 13 also being a point on the centerline of the Salvation Ditch; thence S22 015'00 "W along the West line of said Lot 13 a distance of 218.63 feet to the Northwest coiner of Parcel B also being the Northwest comer of said Parcel A of warranty deed; thence continuing S22 °15'00 "W along the West line of said Lot 13 and Parcel B a distance of 20.49 feet to the Southwest corner of said Parcel B also being a point on the West line of said Lot 13; thence S80 °22'00 "E along the South line of said Parcel B a distance of 303.19 feet to the point of beginning, containing 1.402 Acres + / -. together with Lot 2, Sickels Subdivision, being more fully described as follows: Beginning at a angle point on the Easterly boundary of said Lot 2 also being common to the angle point on the Westerly line of Lot 4, of said Pitkin Green Subdivision; thence along the common line of said Lot 2 and Lot4 S45 °1 1'00 "W a distance of 197.75 feet to a point on the Southerly line of said Lot 2 also being a line 10 feet Northerly of and parallel to the Denver and Rio Grande Western Railroad Right of Way; thence along said line 53.19 feet along the arc of a non - tangent curve to the left having a radius of 2924.93 feet, the chord of which bears N53 °31'00 "W a distance of 53.18 feet to the Southwesterly corner of said Lot 2; thence along the Westerly line of said Lot 2 N22015'OOE a distance of 591.81 feet to the Northwest corner of said Lot 2 also being a point on the centerline of the Salvation Ditch; . thence along the Northerly line of said Lot 2 also being the centerline. of the Salvation Ditch the following two courses (2): S72 °07'00 "E a distance of 19.15 feet; thence S76 °10'00 "E a distance of 110.70 feet to the Northeast coiner of said Lot 2 also being a point on the centerline of said Salvation Ditch and being common to the Northwest corner of said Lot 13, Pitkin Green Subdivision; thence along the common line of Pitkin Green Subdivision and Sickles Subdivision S22 °15'00 "W a distance of 440.42 feet to the point of beginning containing 1.641 Acres + / -. {W0695696) PITKIN COUNTY COMMUNITY DEVELOPMENT DEPARTMENT 130 South Galena Street Aspen, Colorado 81611 (970) 920 -5526 FAX# (970) 920 -5439 May 15, 2012 Jennifer Dolecki -Smith 312 -E AABC Aspen, CO 81611 Jennifer @escapegardendesign.com Re: Shook Site Plan Review and Minor Plat Amendment (PID #2735 - 013 -04 -002; Case# P048 -12) Dear Ms. Dolecki- Smith: 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. 1 . Please note that it is your responsibility to mail notice by U.S. Mail to all property owners within 300' of the subject property with the return address of the Community Development Department (copy of notice will be emailed to you by the Community Development Department) by May 24, 2012. 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 mailing. Please submit the enclosed Affidavit of Notice by Mailing and a photograph of the posted sign as proof of compliance with the Code. A property owner receiving this public notice who wishes to submit comments or an objection shall submit those to the Pitkin County Community Development, 130 South Galena Street, Aspen, Colorado 81611, by June 25, 2012. If any objections to the development application are received by this date, the Community Development Department shall continue the application to a public hearing before the Board of County Commissioners. 2 . By posting a sign in a conspicuous place on the subject property (as it could be seen from the nearest public way) on the 8th day of June, 2012, which is at least fifteen (15) days prior to June 24, 2012. This must be submitted prior to any approvals being granted. If you have questions, please call Mike Kraemer, the planner assigned to your case, at 920 -5482. Sincerely, Bonnie Waechtler Administrative Assistant Encl: Affidavit Code Section 2 -20 -100 PITKIN COUNTY COMMUNITY DEVELOPMENT DEPARTMENT 130 South Galena Street Aspen, Colorado 81611 (970) 920 -5526 FAX# (970) 920 -5439 MEMORANDUM To: Pitkin County Engineer Pitkin Green Homeowners Association FROM: Mike Kraemer, Community Development Department Michael.kraemergco.pitkin.co.us Re: Shook Site Plan Review and Minor Plat Amendment (PID 2735- 013 -04 -002; Case P048 -12) DATE: May 15, 2012 Attached for your review and comments are materials for an application submitted by Barbara Ingalls Shook. The Pitkin County Community Development Director will review the application. Please return your comments to me by Monday, June 25, 2012. http: / /www. aspenpitkin.comIPortals /0 /docs/ county /Com %20DevIPlanningILand_Use_Ap plications /P048_ 12_app.pdf If you require a paper copy of this application contact Bonnie Waechtler at bonnie .waechtlergco.pitkin.co.us or 920 -5109. Thank you. PITKIN COUNTY COMMUNITY DEVELOPMENT DEPARTMENT 130 South Galena Street Aspen, Colorado 81611 (970) 920 -5526 FAX# (970) 920 -5439 FL T Wrl ITMV 11"k I - To: Michael Kraemer FROM: Susan Pearson, Zoning Officer Re: Shook Site Plan Review and Minor Plat Amendment (PID 2735- 013 -04 -002; Case P048 -12) DATE: May 15, 2012 After reviewing the application I propose the following conditions: ➢ The applicant shall apply for and obtain an Earthmoving, Clearing and Grubbing Permit for all earthwork, landscape and water course /water way /water feature improvements. The permit application shall address: • All State requirements • A current survey of the site • An engineered drainage and erosion control plan for the site • Acquire a State Stormwater Permit if disturbing in excess of 1 acre • Documentation of adequate water rights. • Engineering of all overflow structures, recirculation systems, etc. • Top soil shall be stockpiled and maintained for re -use — using appropriate erosion control techniques • No fruit bearing species shall be included • All plants used for landscaping and revegetation must be native plant species — native riparian species shall be used in and around the pond — it would be helpful to maintain the pond edges with sedges and rushes • All regrading, berming and landscaping shall comply with County setback requirements and shall be completed within the activity envelope. ➢ A detailed and engineered drainage and erosion control plan shall be submitted with each development permit. If the total development disturbs one (1) acre or more a State Stormwater Permit shall be applied for and obtained. All historic and natural drainage patterns shall be maintained. Stormwater shall be detained onsite and allow infiltration of runoff prior to discharge. • Natural and historic drainage patterns shall not be altered • Minimal disturbance shall take place • Natural vegetation shall be preserved as much as practicable !9Z • Mitigation measures and BMPs shall remain in place until replacement vegetation is viable — • Sediment produced by soil disturbances shall be maintained on site • A landscaping plan shall be submitted to both address necessary screening for the site and adequate vegetation replacement • Erosion control matting shall be used for revegetation on steep slopes ➢ The applicant shall submit a Large Scale detailed Construction Management Plan (CMP) with each development permit that addresses all phases of construction. This shall include a site plan and written methodology addressing the requirements of a large scale CMP. Top soil shall be saved and kept alive and stored on site using adequate BMPs. The application shall include: • Fugitive dust control • A revegetation plan • No construction parking will be allowed on Willoughby Way • A tire washing device or a vehicle track pad should be used at the egress from the site to ensure that no sediment is tracked off site ➢ A tree mitigation plan shall be submitted for the removal of any trees larger than six (6) inch DBH. ➢ No outdoor or landscape lighting shall be allowed on this site as there are no plans for a structure on this site. L PITKIN (LINTY COMMUNITY DEVELMENT Permit Receipt RECEIPT NUMBER 00032416 Name: Escape Garden Design Date:5/8/2012 Project Address: 1170 WILLOUGHBY WAY Type: check # 2156 Permit Number Fee Description Amount 0048.2012.PLAN PP- Flat Fee 1,560.00 0048.2012.PLAN PP- Clerk Tech Fee 25.00 0048.2012.PLAN PP- Public Notice Fee 54.00 0048.2012.PLAN PP- Planning Eng Referral Fee 462.00 Total: 2,101.00 'D Mlit IN) PLAT P UR POS E N E VRCHNHTY MAP I" - .500' SAN/ 1;4 170N UTIZ &)Off 5175, P, CCU MINOR PLAT I�J O T 2 9 AMENDMENT TO RECORD A PREV ,�__ »� C K , Z 01,JSLY APPROVED LOF 2 ACTIVITY ER I CKSEN RANCH we 6�9*AV N 119 1140T 2 A C T l V 11 T Y ]ENVELOPE 1-01 1 S' I CK L E 1. S 01 SUBD I V I S I ON k 0.7/"v Z SIT 4-4 POST z3o POB LOJ 4 PI TK I N GREEN SUBDIVISION C-D) REBAR AND CAP 0 L. S. 20151 0 's. 41 4 0 w� 7, �) LOT 14 P I T I N OREEN SUBDIVISION THE CITY OF ASPS - -N MONUMENT GPS,8 AT GARMISH AND FRANCIS BEARS N 30034'58"W 5851.35" THE ciry OF ASPEN MONUMENT GPS-4 Al HOPKINS AND WFST END BEARS N 37643'24-W 8i41.24- U D ENVELOPE TO 0 y W4 y LOT 13 PITKIN GREF I N SUBDIVISION RECEP,riON#: 590848, 07/2612012 at 09:43a26 AM, 1 OF 2, R $21.00 Janice K. Vos Caudill, Pitkin County, Co FILM BK 100 PG 46 CERTIFICATE OF OWNERSHIP (03N 4ya STATE OF COLORADO INDY HOUBEN, COMMUWITY EVELOPMENT DIRECTOR Alss,61>qeox , , /y/K CLERK AND RECORDER'S CERTIFICATE THIS AMENDED PLAT OF LOT 2, SICKLES SUBDIVISION HAS BEEN ACCEPTED FOR jj� RECORDING IN'rHE OF ICE OF THE CLERK AND RECORDER OF PITKIN COUNTY, Y, AT LPAGA COORD 4tS AS RECEPTIDON NO. AY OF hjj, E,, O .- 2012 1 N PLAT BOOK Z" SURVEYOR'S CERTIF ICATE I . JAMES I RESER. HEREBY CERTIFY THAT THIS AMENDED PLAT' OF LOT 2, SICKLES SUBDIVISION WAS PERFORMED UNDER SUPERVISION AND DIRECTION IN MAY OF 2012. THIS SURVEY HAS BEEN PREPARED WITH I TO 15,000 ACCURACY. THIS SURVEY RELIED UPON A COMMITMENT FOR TITLE INSURANCE PROVIDED BY ,F!4-R`$T-,-AMERICAN T ITI-E INSURANCE COMPANY.. COMMITMENT NO: S03 1449 1 , Rr I WEE ,�DATE : MAY 19. 2009 AT 8:00 A.M. S Ffi R'E S E R Ib 'S ?I NOTES BASIS OF BEARINGS 16 THE SE PROPERTY LINE OF LOT 2, A REBAR WITH CAPL.S; 707151 AND A 4-4 WOOD POST WERE FOUND, SAID BEARING IS S) 45* 13 3R, .1w PREVIOUSLY APPROVED ACTIVITY ENVELOPE REARING OFFICER DETERMINATION NO. 10-2008 RECEPTION NUMBER 553810. 10-28--2008 ACCORDING TO COLORADO LAW YOU MUST COMMENCE ANY LEGAL ACTION BASED UPON ANY DEFECT IN THIS SURVEY WITHIN THREE YEARS AFTER YOU FIRST DISCOVER SUCH DEFECT, IN NO EVENT, MAY ANY ACTION BASED UPON ANY DEFECT IN THIS SURVEY BE COMMENCED MORE THAN TEN YEARS FROM THE DATE OF THE CERTIFICATION SHOWN HEREON. THIS AMENDED PLAT OF LOT 2, SICKLE$: SUBDIVISION, WHICH ILLUSTRATES A RECONSTRUCTED POND ON LOT 2. 4ENDS THE SICKELS SUBDIVISION FINAL. PLAT, RECORDED AT BOOK 19, PAGE 601 RECORDED IN THE OFFICE OF THE PITKIN COUNTY CLERK AND RECORDER, N .5 If ',fO '14 "0' .?9,?4-9,7 4913 /P Irl a 19 132 772, d9 S 65050 '04 'W 1,52. 00 42. 6,V S 492-15 vo -#, '7j" 00 - G4 46 94 —,Y/ °3/ '56 4,7. /0 4 N *,rr Z-'- ... ... j . 00 S. 19 AMENDED PLAT OF LOT 2. SICKLES SUBDIVISION BY: ALPRNE SURVEYS ,JAMES F. RESER L.S. 9184 1101 VILLAGE RD. CARBONDALE, CO 81623 970-925• 2688 DATE: 7-05-12 SCALE; I" - 30' JOB NO.: 86-110 �SHEET I OF 2 IV rl s f. 1.9 ch sea"'I'liq fvdrus qj 46 AT 1)olla A'I�flo Chord ch sea"'I'liq fvdrus qj W75-. AT I7cL1 OP9 'O.T. 2/ . 75 ' 'v - /3 'To -W -/a� ... - .'-o .... 0' ..... . /0. P6— Tan en t �6. 3�9 Pe. 45' [I �j [�� ID 0 S E 0 11 4� � MINOR PLA-1- UB D 3 AM E N D M E IN -1 1 0 R E C 0 R I) A P R A V 10 U S L, Y A P P [-� 0 V E D L. 0 1' 2 AC"'I I V 1 1 Y 1-11 IN V E L— 0P ER I CKSEN RANCI-1 Ae- '2" (911 041 7.O WC /-0 0 Tx)n(i /. walk 1.- 0.1.. 13 id. R A to SUBD l') I K I N G 1-� 11 N I V I S I ON Edge. of ta om d rfac: Landwaping ee, Ir L 0 1" 1 T.. S 1 CKLELS SUBDIVISION N W, -444irm- F, I-) I [KIN G)REEN SUBDIVISION 0 10' 20, 30, 40' SCALE- ltv-.200 A AMENDED PLAT OF LOT 2, SICKLES SUBDIVISION BY: ALPHNE SURVEYS ,JAMES F. RESER LS. 91841 1101 VILLAGE RD, CARBONDALE CO 81623 970-925--2688 DATE: 7-05 -12 SCALE: I" - 20' JOB NO,: 86-110 SHEET 2 OF 2 L AT Tan en t �6. 3�9 Pe. 45' [I �j [�� ID 0 S E 0 11 4� � MINOR PLA-1- UB D 3 AM E N D M E IN -1 1 0 R E C 0 R I) A P R A V 10 U S L, Y A P P [-� 0 V E D L. 0 1' 2 AC"'I I V 1 1 Y 1-11 IN V E L— 0P ER I CKSEN RANCI-1 Ae- '2" (911 041 7.O WC /-0 0 Tx)n(i /. walk 1.- 0.1.. 13 id. R A to SUBD l') I K I N G 1-� 11 N I V I S I ON Edge. of ta om d rfac: Landwaping ee, Ir L 0 1" 1 T.. S 1 CKLELS SUBDIVISION N W, -444irm- F, I-) I [KIN G)REEN SUBDIVISION 0 10' 20, 30, 40' SCALE- ltv-.200 A AMENDED PLAT OF LOT 2, SICKLES SUBDIVISION BY: ALPHNE SURVEYS ,JAMES F. RESER LS. 91841 1101 VILLAGE RD, CARBONDALE CO 81623 970-925--2688 DATE: 7-05 -12 SCALE: I" - 20' JOB NO,: 86-110 SHEET 2 OF 2 ell` . ... . . . . Notes: work is a significant distance away from ally watercourses, I,;Ii_4L_ I to prevent sediment from leaving the 1.1he location of thil', 0 Appropriate Measures shall be taker A 'J ,e , , I I ­ ill � , I I " irrunediate area. project jS 8,722 sf plus minimal disturbanc # Q) r)ance for this P ill," 2.1he area of distur ell duc to access bay bales and dust, control shall be implementod Q 4 i" 6 I'll J, 3�Sea plan for- 13MPs. Silt fence, C I jlj j I cleaned off before leaving the "t" v�� 1 "1 Trucks suall be croplished with boulders. <i I A -tabilization will be ace J 41ong teriax s 'I'll a 'tailion lit awn or pond. r*<Yoge ...... t as 1, ently axis 11 �,Q 5,All 'areas under construction curr Plan and wil'econsist of (0 cill Native It lite Vegetation A "I an will be as sh No invas , live species will be Irsed., ei lown in the Planting an PI � p L/) 4 1, trees, shrubs, pel"Onnials and town. Any areas NI edger. ntipgs outside of the 6" ,,,solid for all pla Plants shall be v ed and native cgotated with native grass so ,ss shall be re disturbed for acce r-retion livienagernent Plan. 117 plarits. See GOnst Yinning of construction, 1, 'll", lei, 6,13MI"s shall be installed at tire bog of plant Vater shall be us �d for dust, control, c4can up and establishment a, tell > 7, Water will only be used e C) Material Watering shall be ided at, all t m CS 0 Q when necessarYl r disi ,'P 0 cle .1 sito for non sLorrin wate 9 cs 'anout Ice 8.111bere shiriell be a 'alien ol over a OP O.Pond Drainage for NfainteDance and ConstrUctiluil shall be accomplished Z el tell ei weeks and shall be widely dispersed over the landscape as p veral cried of so Q igation, Ile trier j j I (ell') et j l�ii,lll 1, Q� (cm o 4/ GRAPI-11C SCALE Wallk 0) , tt IN FM 10 It ell 6 MI J ep Z I I �)� J J cl� x Ol 00 01 1 el, - l_Q Z- ei le lN 1 le ell 'J m `;M 1 qgl illi, e, rill Ill o r) d ri NO CONCRETE IN PROJECTt UT CI CLEANOUT LOCATION WILL BE AS e tell SHOWN ON CMP SHOULD IT Q, t NEEDED d Trees P l��' Ex�sl in g M He Reirnovc 6) ell ilk SILTFE N g, Al tt 11111t, Jell 14 let Ile I lee ell Y, Irik ll� � CA, L Y GARDEN DESIGN Sy1,t!,i I)Fii ()PMP�,NT M24, Ill ASPEN, COIJIVA00 811511 PHOW: (Wo) WO 3700 FAX, (970) 920 9569 FZ Mwked "'?0L �\e 11K A e lo m [I., C-1t, //O� lub I 7' 3.7 4 11 A ell J 4 4 A IF111 ­1 11 0 lilt —A J, m 4, C (E-1 C 4 0 eill" 19 A �ll 10 4 ,!,3 11 4 4 4 D a L (--,1 4-12-42 Revision's 4 - 30-1 12 j[,),r a w n. g