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HomeMy WebLinkAboutpitkin.planning.272909200008 (2)DOCUMENT LAYOUT TffiS FILE OR MAY NOT CONTAIN ALL OF M BELOW IN THE FOLLOWING ORDER T INFORMATION Summary Sheet Resolution for the BOCC and/or P &Z Ordinance for the BOCC and/or P &Z Determination for the Hearing Officer Administrative Determination Staff Memo Application Public Notice, Acceptance Letter, Referral(s) Letter Site Plan Miscellaneous Plat copies (11117) Parcel ID: 2729- 09 -2 -00 -008 Application Date: 8/8/12 Case No: P076 -12 Description: Youngman Activity Envelope Review Planner: Mike Kraemer # Copies: 1 Allocated Hours: 10 Project Address: 0 DORAIS WAY, REDSTONE, CO 81623 % Over Hours: 12 Property Owner: YOUNGMAN Address: 2716 TREYBURNE LN Owner Phone: HAMPTON COVE, AL 35763 Owner's REP: TOM NEWLAND Address: 417 ORIGINAL RD REP's Phone: (970) 618 -9922 BASALT, CO 81621 REP's Email: tomn @sopris.net Referrals: FIRE DEPT- CARBONDALE Other Referrals: Crystal River Caucus none WILDLIFE REFERRAL ALL OTHER REFERRALS Comments Due Date: 10/01/2012 Meetings: 1st Meeting: 2nd Meeting: 3rd Meeting: Meeting Date: Review Body: admin Public Hearing? yes Notice Date: 08/30/2012 Meeting Notes: Approvals: BOCC Resolution #: P &Z Determination #: BOCC Ordinance #: HO Determination #: Admin Determination #: 001-2014#607251 Other Information: VRApproval Date: 01/10/2014 Plat Recorded Date: 01/13/2014 VR Expires Date: 01/10/2017 Plat (Bk, PG): B105 P86 8105 P87 Remarks: B105 P86 #607252 8105 P87 #607253 Application Type: Activity Envelope RECEPTION #: 607251, 01/13/2014 at 01:39:49 PM, 1 OF 7, R $0.00 Doc Code ADMIN DECISION Janice K. Vos Caudill, Pitkin County, CO ADMINISTRATIVE DECISION OF THE PITKIN COUNTY, COLORADO, COMMUNITY DEVELOPMENT DIRECTOR GRANTING APPROVAL FOR YOUNGMAN ACTIVITY ENVELOPE REVIEW AND SUBDIVISION EXEMPTION FOR A LOT LINE ADJUSTMENT Administrative Decision No. - 2014 RECITALS 1. Philip Youngman (hereafter referred to as the "Applicant ") has applied to the Community Development Director of Pitkin County, Colorado (`Director ") for Activity Envelope Review and Subdivision Exemption for a Lot Line Adjustment to adjust lot lines with the adjacent property. 2. The property is a metes and bounds parcel located on the east side of State Hwy 133 off Dorias Way. The parcel is bound by the Crystal River to the west and Dorias Way to the east. PID#: 272909200008. (Legal Description, Attachment A). 3. The parcel is approximately 2.63 acres, is in the AR -2 zone district, and is conforming in size. 4. The parcel received 1041 Hazard Review approval pursuant to BOCC Resolution No. 96 -306 with the 1041 Hazard Review Plan recorded at Book 42 Page 36. The Hearing Officer later granted 1041 Hazard Review approval pursuant to Determination No. 51 -2002 that included a lot line adjustment. This plan was recorded at Book 67 Pages 99 -100. Most recently, an Activity Envelope was approved pursuant to Administrative Decision No. 046 -2007 (Rec. No. 538643). An Activity Envelope Plan was not recorded in association with this approval. 5. The Lot is located within a medium wildfire hazard area and the Applicant will be required to comply with standards for development in this medium wildfire hazard areas. The Applicant has also proposed an envelope that avoids steep slopes, is outside the 100' setback from the Crystal River, and outside the 100 year floodplain for the Crystal River. The parcel is mapped within elk winter range and the hazard can be mitigated. 6. The Applicant has demonstrated compliance with the 100' streamside setback pursuant to section 7- 20-80(a). The envelope is approximately 160' from the mean high water mark of the Crystal River. The adjacent property owner has provided consent to the Lot Line Adjustment. 7. The Crystal River Caucus, CPW, and the Carbondale and Rural Fire Protection District were referred on the application. No comments were received. 8. Public notice was published in the paper on October 1', 2012. No objections were received within 30 days. APPROVED by the Director, subject to the following conditions: 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. Page 1 of 7 2. Prior to submission of the site plan application, the Applicant shall be required to submit for approval by the County Attorney and Community Development an Activity Envelope Plan and Lot Line Adjustment Plan in accordance with Land Use Code Section 2- 30 -20(g) and Application Manual Section 2.1.1. and 2.1.13. The above referenced approvals shall be a condition precedent to finalization and recordation. 3. Site plan approval is required prior to submission of any building permits. Approval of this Activity Envelope does not ensure approval of site plan review. 4. No structural development, with the exception of fencing, in excess of 30" shall occur within the setbacks of the Lot. Landscaping in the form of berms shall not exceed four feet from the most restrictive grade. Any external 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. 5. The parcel is exempt from Growth Management up to 5,750 square feet of floor area and cannot exceed this floor area limitation without approval for use of a TDR or successfully competing in the Growth Management competition. 6. Standards Applicable to medium wildfire hazard areas A. Defensible Space: 1. Brush, debris and non - ornamental vegetation shall be removed within a minimum ten - foot (10') perimeter around all structures. 2. Vegetation shall be reduced to break up the vertical and horizontal continuity of the fuels at a minimum of a thirty (30) foot perimeter around a structure built on flat ground. 3. Spacing between clumps of brush and vegetation up to the thirty (30) foot perimeter shall be a minimum of two (2) times the height of the fuel. Maximum diameter of the clumps shall be equal to the height of the fuel. All measurements shall be from the edges of the crowns of the fuel. 4. All branches from trees and brush within the thirty (30) foot perimeter shall be pruned to a height of ten (10) feet above the ground with removal of ladder fuels from around trees and brush. 5. Tree crown separation within the thirty (30) foot perimeters shall have a minimum of ten (10) feet between the edges of the crowns, except for mature stands of aspen trees where ladder fuels have been removed. In areas of aspen regeneration, understory shrubs and down and dead materials shall be removed. 6. All branches that extend over the roof eaves shall be trimmed and all branches within fifteen (15) feet of chimneys shall be removed. 7. The density of fuels up to a one hundred (100) foot perimeter of the structures shall be reduced where natural reduction has not already occurred. 8. All deadfall up to a one hundred (100) foot perimeter shall be removed. 9. No new conifer trees shall be planted within ten (10) feet of a residence. Page 2 of 7 10. No flammable mulches shall be placed within two (2) feet of a residence. 11. The property owner shall be responsible for the continued maintenance of the defensible space vegetation requirements. B. Access 1. Access roads and driveways shall be built to County standards; however, these standards may be increased to mitigate wildfire hazards based on comments provided by the local fire protection districts and/or a person approved by the County as an expert in wildfire area designation and mitigation. C. Water Supply for Fire Safety 1. Any fire department recommendation for individual structure water supply and storage shall be accessible to fire department vehicles from the exterior of the structure through a fire department approved mechanism (such as a fire hydrant). The amount of storage capacity shall be determined by the Carbondale and Rural Fire Protection District. 2. All new development shall conform to the appropriate building Code(s) with regard to sprinklering structures. D. Roofing Materials, Roofing Vents and Projections At and Below Roof Line. Unless the wildfire expert has recommended a different method of construction, roofs and projections at or below roof line in Low, Medium and Severe Wildfire Hazard Areas shall be constructed according to the following specifications: 1. Roofing Materials a. Class A covering or Class A Assembly as defined by the currently adopted Building Code. b. No wood shakes or shingles. c. All other adopted Building Code compliant methods and materials permitted. 2. Roof Venting a. Soffit venting shall be located in the outer 1 /3rd portion of the overhang. b. Attic, soffit and other roof venting shall be of non - corrosive metal mesh with maximum V4­ openings. 3. Projections at the Roofline, including Soffits, Rafters, Porch or Deck Roofs, Fascias, or Other: a. Sheath with non - combustible materials, or b. Combustible materials underlain with 5/8" Type X gypboard or equal, or c. Minimum 4x6 rafters with 2x T &G decking. 4. Decks, Decking, Cantilevered Floors, or Other Projections Below the Roofline: Page 3 of 7 a. Minimum 6x6 posts, 6x10 beams, 3x8 joists, 3x decking, and 2x railings, or equivalent log construction. Any methods approved for Severe Wildfire Hazard Areas may be used in Medium Wildfire Hazard Areas. E. All Hazard Areas: Roofs with less than a 3:12 pitch are not permitted in Low, Medium, or Severe Wildfire Hazard Areas unless they comply with the following: 1. All roof coverings shall be constructed of non - combustible materials and installed on a Class A roof assembly. 2. All roof coverings shall have a surface that shall facilitate the natural process of clearing roof debris. 3. 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 pitch of 1:48. 5. All roof designs, coverings, or equivalent assemblies shall be specifically approved by the Fire Marshall prior to submittal of a building permit application. F. Maintenance and Miscellaneous Requirements 1. Roofs and gutters shall be kept clear of debris. 2. Roof vents shall be screened with corrosive resistant wire mesh, with mesh one -fourth (1/,) inch maximum. 3. Yards shall be kept clear of all litter, slash and flammable debris. 4. All flammable materials shall be stored on a parallel contour a minimum of fifteen (15) feet away from any structure. 5. Weeds and grasses within the ten (10) foot perimeter shall be maintained to a height not more than six (6) inches. 6. Firewood/wood piles shall be stacked on a parallel contour a minimum of fifteen (15) feet away from the structure. 7. Swimming pools and ponds shall be accessible by the local fire district. 8. Fences shall be kept clear of brush and debris. 9. Wood fences shall not connect to other structures. 10. Fuel tanks shall be installed underground with an approved container. 11. Propane tanks shall be buried, if possible, or installed according to NFPA 58 standards and on a contour away from the structure with standard defensible space vegetation mitigation around any aboveground tank. Any wood enclosure around the tank shall be constructed with materials approved for two (2) hour fire - resistive construction on the exterior side of the walls. 12. Each structure shall have a minimum of one ten (10) pound ABC fire extinguisher. 13. The Applicant shall comply with all requirements of the Basalt Fire District Code. 14. Addresses shall be clearly marked with two (2) inch non - combustible letters and shall be visible at the primary point of access from the public or common access road and installed on a non - combustible post. 15. The Applicant shall comply with all requirements and standards of the Carbondale and Rural Fire Protection Department. Page 4 of 7 The Applicant shall comply with the following general conditions regarding wildlife: A. Manipulation of vegetation outside of the Activity Envelope is prohibited. B. Mesh or woven wire fences are prohibited outside the Activity Envelope. C. Wood rail fencing shall employ three (3) rails or less, be the round or split rail type, shall not exceed fifty -four (54) inches in height above ground level, and twelve (12) inches in width (top view), and shall have at least eighteen (18) inches between the lower two (2) rails. D. Wire fencing must be three (3) strands or less. The top wire should be a twelve - point -five (12.5) gauge twisted barbless type at a maximum height of forty -two (42) inches. The middle strands (which may be barbed) should be located a minimum twelve (12) inches apart and from the top wire preventing entanglement when mule deer jump over. The bottom strand should be sixteen (16) inches from the ground. E. Tall overly mature trees and standing dead trees (snags) should be retained at the rate of two (2) to five (5) per acre whenever possible as nesting and perching habitat. F. Fruit bearing trees and shrubs shall be prohibited within the Activity Envelope. This does not include pre - existing native trees and shrubs. G. Development shall be clustered to the maximum extent possible to minimize impact on wildlife. H. Access shall be provided to the Colorado Division of Wildlife for trapping, tagging, studying, or otherwise managing wildlife. I. Trash/garbage shall be kept in an approved bear resistant container or enclosure. J. Bird feeders, including hummingbird feeders, shall be hung away from any deck or window, and be at least ten (10) feet from the ground suspended between two (2) trees or posts. All seed feeders shall include a seed catchment pan to catch discarded seed. K. Horse grains, pellets, and cookies shall be stored in bear resistant containers. L. Pet food shall not be left outside. M. Any hay shall be fenced with 8' mesh game proof fencing. N. All future structures shall utilize round handled door knobs. O. No round handled door knobs. 8. No development shall occur outside the approved activity envelope with the exception of vegetation removal necessary to comply with the wildfire mitigation measures described above. No structures shall be permitted outside of the approved building envelope. Applicant shall be required to obtain an Earthmoving Permit for any work outside the approved envelope. 9. Prior to commencement of any earthmoving or other construction activity, the Applicant shall stake the comers of the activity 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. 10. All areas disturbed by construction shall be re- vegetated with native shrubs and grasses within one growing season of the project's completion. 11. 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 January �_, 2017. Page 5 of 7 12. 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 ADOPTION FOR VESTED REAL PROPERTY RIGHTS in the Aspen Times Weeklyonthe4dayof; nuatU,2014. APPROVED by the Director, this ICS day of 2014. (,k.V, �L C1{ Cindy Houben, Community Development Director PRN#272909200008 P076 -12 Page 6 of 7 Attachment A LEGAL DESCRIPTION - 3.10 AC PARCEL A TRACT OF LAND SITUATED IN THE NEI /4 NWI /4 AND -HE NW: /4 NWI /4 OF SECTION 9. TOWNSHIP 10 SOUTH. RANGE 88 WEST 0= THE 6TH PRINCIPAL MERIDIAN LYING WESTERLY OF THE WESTERLY RIGH7 07 WAY LINE OF THE OLD CRYSTAL RIVER RAILROAD AND EASTERLY 0E THE CEN- ERLIN£ OF THE CRYSTAL RIVER. SAID TRACT BEING DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE WESTERLY RIGHT OF WAY LINE OF SAID RAILROAD WHENCE AN IRON POST WITH A BRASS CAP IN PLACE; AND PROPERLY MARKED FOR THE 'WITNESS CORNER TO THE NORTHWEST CORNER OF SAID SECTION 9 BEARS N 58 DEGREES i4'ii' W 1482.92 FEET' THENCE S 3: DEGREES 57'30' W 150.04 FEET ALONG THE WESTERLY RIGHT OF WAY LINE OF SAID. RAKROAD: THENCE N 68 DEGREES 17'30' W 317.06 FEET TO A POINT IN THE CENTER OF SAID RIVER: THENCE N 32 DEGREES 55'30" E i5i.83 FEET ALONG THE CENTER OF SAID RIVER: THENCE N 48` 05'30'E 231.73 FEET ALONG THE CENTER OF SAID RIVER: THENCE N 33` 58'00'E 61.50 FEET A'_ONG THE CENTER OF SAID RIVER: 'HENCE S 64 DEGREES 22'00" E 216.14 FEET TO A POINT ON THE WESTERLY LINE OF SAID RAILROAD: `HENCE S 25 °38'00'W 254.77 FEET ALONG THE WESTERLY LINE OF SAID RAILROAD TO THE POINT OF BEGINNING. CON"AINING 2.63 ACRES MORE OR LESS. Page 7 of 7 P.O. Box 481$ 417 Original Road, Unit B Basak,CO 81621 Phone (970) 927 464S Fax (970) 927 0196 tomnesopris.net April 2, 2013 Mike Kraemer Pitkin County Community Development Department 130 South Galena Street Aspen, CO 81611 RE: ACTIVITY ENVELOPE AND LOT LINE ADJUSTMENT, PARCEL ID #2729 - 092 -00 -008 Dear Mike: Please accept this letter as a revision /replacement of my previous submission of August 7, 2012 regarding my clients' request to obtain approval for an Activity Envelope for his property, located on Dorais Way north of Redstone. This revised submission requests a lot line adjustment in addition to and Activity Envelope. Any request for an Activity Envelope approval must provide a summary letter explaining the request, background information on prior approvals and permits, and shall address compliance with the Code Sections listed within the Pre - application Conference Summary. BACKGROUND INFORMATION Looking South From Center of Proposed Activity Envelope The property is about 2.63 -acres in size and is located between Dorais Way and the Crystal River. The property consists of two benches of land separated by a short but steep hillside. The lower bench is adjacent to the Crystal River and is comprised of wetland areas and riparian vegetation. Some of the lower bench also contains the 100 -year floodplain for the Crystal River. The upper bench consists primarily of an open field historically used for the pasturing of horses. Some woody plants, such as native mountainous shrubs, small cottonwoods and aspen are also present on the upper bench. The hillside between the two benches consists of dry cobbled soil and is covered with upland vegetation species. No riparian vegetation is present on the slopes until the lower bench is reached. Slopes on the upper bench are all less than 30% with the exception of one small area near the road. The property is currently vacant with no structures other than fencing. The property has received previous land use approvals. Land use approvals were granted for the property in 1996, 2002, and 2007. The plats and resolutions for these approvals are included as ATTACHMENT 6. Vesting for these previous land use approvals has expired. Land Use Planning • Permit Expedition • Project Management • Owner's Representative • Information Management 000001 d-�\ This application seeks to regain the Activity Envelope approval granted in 2007 and carry out a lot line adjustment with his neighbor, the Nicholas ]. Ziegler Trust. All of the conditions of approval attached to the 2007 approval are acceptable to the property owner. LAND USE CODE SECTIONS TO BE ADDRESSED Attached to this letter as required by the Pre - application Conference Summary (ATTACHMENT 1) please find the following materials, documents and information: Sec. 2- 30- 20(g): Site plan & Activity Envelope Criteria for Approval As evidenced by the contents of this letter and attachments, we feel that this application complies with the Activity Envelope and Lot Line Adjustment Criteria as set forth in Section 2- 30- 20(g): ATTACHMENT 1: Pre - Application Conference Summary Sheet ATTACHMENT 2: Consent from the owner of the property for Newland Project Section 7- 10 -50: Activity Envelope The requested action by the County is to consider and approve an Activity Envelope for the driveway, septic system, well, yard and single family house. In summary, we are proposing the designation of an Activity Envelope for all uses on the property. The requested lot line adjustment will add approximately 50 -feet to the east property line of the parcel, resulting in an increase in lot area from 2.63 -acres to 3.1- acres. This is desirous because it will provide more useable area to the building site. This area will be used to place access, drainage and landscaping improvements to the property. The Activity Envelope proposed is identical to the one approved in 2007; however ACTIVITY (E� E O E EW, PARCEL ID #2729 - 092-00 -008 Page 2 ��uI Resources, Inc. (NPRI) to represent them and to process the land use application. ATTACHMENT 3: Disclosure and proof of ownership of the property complying with Subsection 5- 70- 020(D) of the Land Use Code. ATTACHMENT 4: Street address and parcel description, including legal description, and an 8 -1/2" x 11" vicinity map locating the subject property within Pitkin County. ATTACHMENT 5: Executed Pitkin County Community Development Agreement for Payment of Land Use Application Fees form. ATTACHMENT 6: Previous land use approvals for the property. ATTACHMENT 7: Maps that show the existing conditions on the site, topography, access and physical features. The 100 -year floodplain for the Crystal River is shown as depicted on Flood Insurance Rate Maps (FIRM) for Pitkin County, developed by the Federal Emergency Management Agency (FEMA), for the National Flood Insurance Program (NFIP). Also included is a scaled aerial photograph of the property showing the high water line and limits of riparian vegetation on the property. ATTACHMENT 8: Draft Activity Envelope and Lot Line Adjustment Plat prepared in accordance with the requirements of Subsections 7 -10 -50 of the Pitkin County Land Use Code and Section 2.2.1 of the Pitkin County Land Use Application Manual. Section 7- 10 -50: Activity Envelope The requested action by the County is to consider and approve an Activity Envelope for the driveway, septic system, well, yard and single family house. In summary, we are proposing the designation of an Activity Envelope for all uses on the property. The requested lot line adjustment will add approximately 50 -feet to the east property line of the parcel, resulting in an increase in lot area from 2.63 -acres to 3.1- acres. This is desirous because it will provide more useable area to the building site. This area will be used to place access, drainage and landscaping improvements to the property. The Activity Envelope proposed is identical to the one approved in 2007; however ACTIVITY (E� E O E EW, PARCEL ID #2729 - 092-00 -008 Page 2 ��uI it has been enlarged 50 -feet to the east to cover the area obtained by the lot line adjustment. It is our intent to provide an adequate area for all of the allowed uses by right within a designated activity envelope. These uses include agricultural uses, private recreational uses, yard and landscape improvements, Water and Septic system improvements, fences (subject to setback requirements) and structures for irrigation or water diversion. Placement of structures (i.e. single - family home, building accessory to the primary use) will be subject to the setbacks as shown on the Draft Activity Envelope (ATTACHMENT 8). We feel that the Activity Envelope as proposed will allow the activities and development to comply with the provisions of the Land Use Code and Comprehensive Plan, as it avoids the "constrained areas" located on the property. The Activity Envelope is of adequate size to contain the proposed residential uses. It is acknowledged that upon approval of the Activity Envelope, any and all applicable local, state or federal permits required to conduct development activities will be obtained prior to initiation of construction. It is also acknowledged that all areas located outside of the approved Activity Envelope will not be disturbed and that construction fencing shall be placed around the perimeter of the Activity Envelope prior to initiation of construction. Section 7- 20 -20: Steep and Potentially Unstable Slopes The Existing Conditions drawing contained within Attachment 7 delineates the slopes within the Activity Envelope. The Proposed Activity Envelope has been situated so that it is free of slopes greater than 30 %. The proposed Activity Envelope is set back 10 -feet from the top of the steep area going down to the river (see Attachment 8). Section 7- 20- 20(e): Additional Standards - Grading The applicant agrees to abide by the requirements of this se: The original, natural grade within the Activity Envelope will not be raised or lowered more than four feet, provided that said natural grade can be changed up to seven -feet if retaining walls are utilized; Where grading, excavation or filling is required, the standards for slopes in the Land Use Code will be followed; All cut, filled or graded slopes will be re- contoured to the natural, varied contour of the surrounding terrain; 7- 20 -30: Water Courses and Drainage (a) The Activity Envelope has been designed so that development is compliant with all criteria of this section. (b) No encroachment or channeling of a river, stream, intermittent stream, pond, wet meadow, or wetland is proposed on the property. (c) The activities and development proposed for the property will provide for maintenance of historical flow patterns; will not impede the flow of natural water courses; and will provide adequate drainage for all low points. Drainage system design and maintenance will account for runoff from the proposed development, and the drainage and stormwater management utilizes best management practices (BMPs) to insure unpolluted discharge into water bodies. (d) The development is designed not to introduce contamination into the ground water. (e) Irrigated areas will not adversely affect the adequacy of water supply or the exercise of existing and decreed irrigation water to irrigated fields. ACTIVITY ENVELOPE REVIEW, PARCEL ID #2719 - 092 -oo -008 00U_ LID 3 Page 3 (f) Irrigation ditches are not present within the Activity Envelope and as such, all provisions regarding access, leakage prevention, and flooding /seepage avoidance are not applicable. There is a buried irrigation in -take pipe that traverses the property and an irrigation pump and control box located on the east side of the property (See ATTACHMENT 7). The owner of this irrigation system has easements in place to access and maintain this system. (g) Provisions of this section regarding sedimentation will be followed (sediment control during construction, sedimentation and revegetation). (h) Potential impact to water quality shall be mitigated through adherence to required setbacks (Section 7- 20 -80) and compliance with all state and federal regulations. The aerial photograph included within Attachment 7 delineates the high water line and riparian limits of the Crystal River as it passes by the property. The proposed Activity Envelope has been situated to comply with the Minimum setbacks being at least 100 -feet from the high water mark and at least 50- feet from riparian vegetation associated with the Crystal River. No impact to the maintenance of stream classifications will occur because of development within the Activity Envelope. (i) Compliance with Efficient Water use will be shown at Site Plan submission. 7- 10 -60: Wildfire Hazards - Mapped Medium Wildfire Hazard Area We agree to abide with and conform to all of the standards applicable to the Medium Wildfire Hazard Area, including those for defensible space; access; roofing materials, vents and projections; maintenance and miscellaneous requirements. 7- 20 -70: Wildlife Habitat According to the Wildlife mapping available at the Community Development office, the property is considered "Winter Range" for elk. In addition, it appears that the following wildlife areas are located in the general area: A mapped Winter Concentration Area of Elk is located approximately 4,000 -feet (0.75 miles) north of the property; A mapped Winter Concentration Area for Bighorn Sheep is located approximately 6,000 -feet (1.1 miles) north of the property; A mapped Bighorn Sheep Production Area is located approximately 4,000 -feet (0.75 miles) east of the property on mountain ridges approximately 2,000 vertical feet above the property. As the property is located within elk winter range, dogs shall be kenneled within 50 -feet of the residence or leashed under human supervision when outside of the kennel. Because the property is between 0.75 - 1.1 miles from elk /bighorn sheep winter concentration areas and a bighorn sheep production area, general buffers and dog prohibition should not be applicable. 7- 20 -80: River and Stream Corridors and Wetlands The Proposed Activity Envelope (see Exhibit 8) does not contain a "Protected Feature" as defined within Section 7- 20- 80(a)(1) of the Land Use Code. The Crystal River is located along the western boundary of the property (See ATTACHMENT 7 and 8). The Activity Envelope is removed from the 100 -foot river setback and is in fact elevated 20 - 30 feet above the Crystal River floodplain. 7 -20 -130: Landscape and Vegetation Protection The purpose of this code regulation is to preserve existing vegetation on development sites to the maximum extent consistent with the permitted development; to ensure that specific types of man made improvements are screened from view in order to preserve the rural character of the County; and to prevent the use of landscaping in ways that would compromise the rural ACTIVITY ENVELOPE REVIEW, PARCEL ID #1719 - age -00 -008 Page 4 character of the County. The criteria are as follows: (1) PROTECTION OF NATURAL VEGETATION In order to protect the rural character of Pitkin County, natural vegetation should be preserved to the maximum extent practicable, and any installed landscaping shall use the species plant materials naturally occurring on the site or on neighboring properties (except for flower gardens). The natural vegetation within the Activity Envelope consists primarily of field and pasture grasses with sparsely located mountain shrubs, cottonwoods and aspen (less than 5" diameter at breast height). All existing vegetation shall be preserved to the maximum extent possible, and new vegetation proposed for the development will utilize naturally occurring species and shall be shown on a landscape plan submitted during Site Plan approval. (2) CONFORMANCE WITH WILDFIRE REGULATIONS In the event the provisions of this Sec. 7 -20 -130 conflict with any provisions of Sec. 7 -20- 60, as those requirements may be varied by a wildfire expert approved by the County, the provisions of Sec. 7 -20 -60 shall govern. All activities required for conformance with wildfire regulations will be followed. (3) BERMS Berms may be incorporated into any required landscaping, buffering, or screening area, provided that the County determines, during the development approval process, that the proposed berms will not cause drainage or erosion problems. No installed berm shall have a s lope of greater than four -to one (4:1), nor a height greater than four (4) feet above grade. No berms are currently proposed for the property. However, if berms are proposed during the Site Plan Review, they will conform to the above stated criteria. (4)LANDSCAPE ENCLOSURES Landscaping shall not be used to mark or enclose the boundary of a parcel, or to privatize an otherwise public viewplane. Use of indigenous shrubs or trees to enclose a portion of the property immediately surrounding a dwelling, barn, and /or accessory buildings (as opposed to the entire property or a large area of the property) are permitted if made to resemble similar windbreaks located near older properties in Rural Areas of the County. No landscape enclosures are currently proposed for the property. However, if any enclosures are proposed during the Site Plan Review, they will conform to the above stated criteria. (5) VISIBILITY CLEARANCE All landscaping shall be installed and maintained so that it does not interfere with the ability of drivers to see nearby traffic at the intersection of any driveway with a public road, or at the intersection of two public roads. Visibility clearances will be maintained at the driveway. Conformance with this clearance requirement will be shown on landscape plans and driveway plans submitted to the County. 0066015 ACTIVITY ENVELOPE REVIEW, PARCEL 0 #2729- ogz- oo -ooB Page 5 (6)UTILITY EASEMENTS Whenever the provisions of this Sec. 7 -20 -130 would require the installation of trees or shrubs over or on utility easements, where branches or roots might interfere with utility lines or pipes, the required location for such trees and shrubs shall be modified to require installation at the closest location that would avoid potential conflicts with utilities and would enable the trees and shrubs to serve the same landscaping purpose. No utility easements encroach upon the proposed Activity Envelope. (7)FINANCIAL SECURITY The Community Development Department may require financial security in a form acceptable to the County Attorney to ensure completion of installation of all required landscaping and /or successful establishment of plants. Financial security shall be submitted if required during the development permit approval process. (8)MAINTENANCE All plants shall be maintained continually in a healthy condition in accordance with generally accepted professional horticultural standards and practices. Within areas required to be landscaped with installed plant materials, plants that die or are unhealthy shall be replaced. Landscape areas shall remain free of weeds, litter, junk, rubbish and other nuisances and obstructions. Maintenance of planted vegetation is in the best interests of the property owner and will be conducted after planting is complete. Required Landscaping in Rural Areas: (1) Landscaping is required for the following purposes: (I) to screen satellite dishes and other telecommunications equipment when located within five hundred (500) feet of adjacent public roads and visible from such roads, and (ii) to screen parking areas and service areas when viewed from adjacent public roads, (iii) where necessary to comply with the standards of Section. 7- 20 -70, 7- 20 -80, or 7 -20 -120, and (iv) to revegetate disturbed areas. (2) Landscape treatments shall cluster shrubs and trees into groupings similar to those naturally occurring on the site or neighboring sites, shall use indigenous species of shrubs and trees, and shall not be installed in regularly spaced lines or rows, unless more specific provisions of Sections 7- 20 -70, 7- 20 -80, or 7 -20 -120 require a different treatment. The above stated landscaping criteria for rural areas will be utilized within the landscape plans for the property. The landscape plan will be submitted for approval as a part of the Site Plan review. Sec. 2- 30- 20(g)4: Lot Line Adjustment The applicant and its neighbor, the Nicholas J. Ziegler Trust, want to conduct a mutual transfer of a portion of the Zeigler property to the Youngman parcel. The exchange is documented within ATTACHMENT 8 and on the Activity Envelope plat submitted with this letter. This section of the code allows for the consideration and approval of a subdivision exemption to adjust a lot line between adjacent lots or parcels under separate ownership. In order to be approved, the lot line adjustment must comply with the criteria in this subsection (the justification for compliance is in italics): 000006 ACTIVITY ENVELOPE REVIEW, PARCEL ID #2729- 092-00 -008 Page 6 (a) The adjustment creates not more than the original number of lots or parcels. The lot line adjustment is between the applicant and the Nicholas J. Ziegler Trust, and no new parcel will be established as a part of the exchange of property. (b) The purpose or effect of the lot line adjustment is not the creation of a new lot or parcel, nor any increase in exempt or non - exempt floor area or maximum house size for a parcel that gains size, nor creation of a lot or parcel substantially different in size for development or resale purposes. The floor area will be reduced on a parcel that decreases in size due to the adjustment. The intent of this land exchange is to provide additional area for improvements related to the house and site plan. The lot line adjustment increases the Youngman parcel by approximately 0.47- acres. According to the floor area requirements in the Land Use Code, the AR -2 zone district has a sliding scale that allows larger residential floor area as the size of the parcel gets larger. Using this sliding scale, the Youngman parcel at its original size (3.61- acres, or 114,562.8 square feet) has a floor area cap of 8,145.628 square feet. After adding that additional .47 -acres through the lot line adjustment, the parcel increases in size to 4.1 -acres (135,036 square feet) and under the sliding scale, would have a floor area cap of 8,350.36 square feet, an increase of 204.732 square feet. However, the applicant is willing to condition the lot line adjustment approval so that the floor area cap remains at 8,145.628 square feet, thereby complying with the criteria for approval. The Nicholas J. Ziegler Trust parcel is contains 14.56- acres, or 634,233.6 square feet. Under the floor area requirements in the AR -2 zone district, the parcel has a floor area cap of 13,342.336 square feet. After subtracting the .47- acres, the floor area cap would be reduced to 13,137.604. square feet, a reduction of 204.732 square feet. The applicant is willing to condition the lot line adjustment approval so that the floor area cap will be lowered on this parcel to 13,137.604 square feet, thereby complying with the criteria for approval. (c) In the case of conforming lots and parcels, any resulting lot or parcel shall conform to the minimum requirements for area or width established by the provisions of this Land Use Code. Both the Youngman parcel and the Nicholas J. Ziegler Trust parcel will conform to the minimum lot size (2- acres) in the zone district after the lot line adjustment is completed. (d) In the case of substandard size lots or parcels, the resulting lots or parcels may increase in non - conformity as to lot size so long as the other standards of this Land Use Code continue to be met. Not applicable. (e) The applicant shall prepare a subdivision exemption lot line adjustment plat in compliance with the standards in Pitkin County Land Use Application Manual. The plat shown in ATTACHMENT 8 will be used for the Subdivision Exemption Lot line Adjustment Plat required in this subsection. (f) An application for a minor plat amendment consistent with the proposed lot line adjustment shall be submitted and reviewed concurrently with the application for a lot line adjustment. Not applicable to this application GO b 010-1 ACTIVITY ENVELOPE REVIEW, PARCEL ID #2729- 092-00 -008 Page 7 SUMMARY Based on the information submitted in this letter, we believe that the proposed Activity Envelope and lot line adjustment is in compliance with all applicable standards of the Land Use Code and is consistent with the representations made during the original review of this property for development. Thank you for considering this request. If you have any questions or requests for additional information, please contact me at 927 -4645 or tomnasooris.net. Sincerely, Tom Newland, Newland Project Resources, Inc. ATTACHMENT 1: ATTACHMENT 2: ATTACHMENT 3: ATTACHMENT 4: ATTACHMENT 5: ATTACHMENT 6: ATTACHMENT 7: ATTACHMENT 8: 000003 ATTACHMENTS Pre - application Conference Summary Owners Consent to Represent Disclosure and Proof of Ownership Address, Legal Description and Vicinity Map Pitkin County Community Development Agreement for Payment of Land Use Application Fees Previous Land Use Approvals Existing Conditions and Scaled Aerial Photograph of Property Draft Activity Envelope and Lot Line Adjustment Plat ACTIVITY ENVELOPE REVIEW, PARCEL ID #1719- 092-00 -008 Page 8 ATTACHMENT 1 Pre - Application Conference Summary Sheet PITKIN COUNTY PRE - APPLICATION CONFERENCE SUMMARY LOCATION: Doris Way (I mile north of Redstone) PID #: 2729- 092 -00 -008 OWNER: Phil Youngman ZONE: AR -2 REPRESENTATIVE: Tom Newland PHONE and EMAIL: 618.9922 tomn!a,sopris.net DATE: Au¢ust 7, 2012 PLANNER: Mike Kraemer, 920.5482 Type of Application: Activity Envelope Review. Description of Project/Development: The Applicant is requesting approval of an Activity Envelope to construct a single family residence. 1041 Hazard Review Approval was granted pursuant to 51 -2002. Since then vesting has expired for the 1041 approval and the Applicant is subject to new code requirements. Specifically the streamside setback from the Crystal River has increased to 100' since the adoption of the new Code on July 6. Land Use Code Sections to be addressed in letter of request (application): Sec. 2- 30- 20(g): Activity Envelope Criteria for Approval; Sec. 7- 10 -50: Activity Envelope; Sec. 7- 20 -20: Steep and Potentially Unstable Slopes: Sec. 7- 20 -20(e) 2 -10: Grading; Sec. 7- 20 -30: Water Courses and Drainage; Sec. 7 -20 -130: Landscaping and vegetation Protection. Sec. 7- 20 -60: Wildfire Hazard — Mapped Medium Wildfire Hazard Area; Sec. 7- 20 -70: Wildlife Habitat; Staff will refer the application to the following agencies: Crystal River Caucus, Carbondale Fire District, and CPW. Review by: Community Development Director Public Hearing: No. The Applicant shall post a public notice sign on the property at least 15 days prior to the date specified for the Administrative Decision pursuant to Sec. 2- 20- 100(a)(3) of the Land Use Code. In addition, the Applicant shall mail notice (by certified mail) to all adjacent property owners and mineral estate owners 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 hearing. A property owner receiving the public notice shall have 2 weeks from the date the notice was postmarked to submit comments or objections to the Community Development Department. FEES: $2,367 (make check payable to " Pitkin County Treasurer ") • Planning Office flat fee: $2,310 (non - refundable; based on 10 hours of staff time; if staff review time exceeds 12 hours, the Applicant will be charged for additional time above 10 hours at a rate of $231 /hour) • Public Notice Fee: $50 • Land Use Code CD: $7 WHO? ACTIVITY ENVELOPE REVIEW, PARCEL ID #272.9-092-00-008 Page 9 To apply, submit 4 copies of the following information, unless noted otherwise: 1. Summary letter explaining the request, providing background on prior approvals and permits, and addressing compliance with the Code sections listed above. 2. 24" by 36" Activity Envelope as designated in Section 2.1.1 of the Pitkin County Land Use Application Manual; 3. Previous Land Use Approvals (if applicable): 4. Proof of ownership of subject property; 5. Parcel description, including legal description and vicinity map; 6. Total fee for review of the application; 7. Signed fee agreement (1 copy); 8. List of all adjacent property owners and mineral estate owners (1 copy) 9. Copy of this preapp form (1 copy) NOTES: r PLEASE SUBMIT ONE UNBOUND AND ONE -SIDED COPY OF YOUR COMPLETE APPLICATION PLEASE SUBMIT TWO -SIDED COPIES OF ALL REMAINING COPIES OF YOUR APPLICATION (IF POSSIBLE). THE PARCEL IDs SHOULD BE INCLUDED ON ALL DOCUMENTS INCLUDED IN YOUR APPLICATION. ALL MAPS SHALL BE FOLDED. r This pre- application conference summary is advisory in nature and not binding on the County. The information provided in this summary is based on current zoning standards and staff's interpretations based upon representations of the applicant. Additional information may be required upon a complete review of the application. 0 0 6 0 1 A ACTIVITY ENVELOPE REVIEW, PARCEL ID #2729-092-00-008 Page 10 ATTACHMENT Consent from the owner of the property for the representative named above to process the application and represent the owner Phillip Youngman 2716 Treyburne Ln Hampton Cove, AL 35763 July 20, 2012 Colorado Division of Water Resources Department of natural Resources 202 Center Drive Glenwood Springs, CO 81601 RE: AUTHORIZATION TO REPRESENT To Whom It May Concern; Please consider this letter as authorization for Tom Newland of Newland Project Resources, Inc. to represent me in the processing of a residential well permit for my property located on Dorais Way, Pitkin County, Colorado (SPID # 272909200008). Mr. Newland is hereby authorized to act on my behalf with respect to all matters reasonably pertaining to the aforementioned application. Sincerely, .�; k � Phil Youngman 006.011 ACTIVITY ENVELOPE REVIEW, PARCEL 10 #2729-092-00-008 Page 11 ATTACHMENT Disclosure and proof of ownership of the property complying with Subsec. 5- 70- 020(D) 0j6101.2 ACTIVITY ENVELOPE REVIEW, PARCEL ID #2729 - 092- 00-008 Page 22 ALTA Owner's Policy (6- 17 -06) POLICY OF TITLE INSURANCE ISSUED BY E_stewart title guaranty company Any notice of claim and any other notice or statement in writing required to be given the Company under this Policy must be given to the Company at the address shown in Section 18 of the Conditions. COVERED RISKS SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B AND THE CONDITIONS, STEWART TITLE GUARANTY COMPANY, a Texas corporation, (the "Company') insures, as of Date of Policy and, to the extent stated in Covered Risks 9 and 10, after Date of Policy, against loss or damage, not exceeding the Amount of Insurance, sustained or incurred by the insured be reason of; 1. Title being vested other than as stated in Schedule A. 2. Any defect in or lien or encumbrance on the Title. This Covered Risk includes but is not limited to insurance against loss from (a) A defect in the Title caused by (i) forgery, fraud, undue influence, duress, incompetency, incapacity, or impersonation; (ii) failure of any person or Entity to have authorized a transfer or conveyance; (in) a document affecting Title not properly created, executed, witnessed, sealed, acknowledged, notarized, or delivered; (iv) failure to perform those acts necessary to create a document by electronic means authorized by law (v) a document executed under a falsified, expired, or otherwise invalid power of attorney (vi) a document not properly filed, recorded, or indexed in the Public Records including failure to perform those acts by electronic means authorized by law; or (vii) a defective judicial or administrative proceeding. (b) The lien of real estate taxes or assessments imposed on the Title by a governmental authority due or payable, but unpaid. (c) Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the land. The term "encroachment" includes encroachments of existing improvements located on the Land onto adjoining land, and encroachments onto the Land of existing improvements located on adjoining land. 3. Unmarketable Title 4. No right of access to and from the Land. 5. The violation or enforcement of any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to (a) the occupancy, use, or enjoyment of the Land; (b) the character, dimensions, or location of any improvement erected on the Land; (c) the subdivision of land; or (d) environmental protection if a notice, describing any pan of the Land, is recorded in the Public Records setting forth the violation or intention to enforce, but only to the extent of the violation or enforcement referred to in that notice. 6. An enforcement action based on the exercise of a governmental police power not covered by Covered Risk 5 if a notice of the enforcement action, describing any part of the Land, is recorded in the Public Records, but only to the extent of the enforcement referred to in that notice. 7. The exercise of the rights of eminent domain if a notice of the exercise, describing any pan of the Land, is recorded in the Public Records. 8. Any taking by a governmental body that has occurred and is binding on the rights of a purchaser for value without Knowledge. Countersigned: Authorized Countersignature Stewart Title of Colorado, Inc. Roaring Fork Division 60 South 8" Street, Suite 101 Carbondale, Colorado 81623 Phone: 970-704-1000 Fax: 970-704-0205 Agent ID: 067301 VLVYVQ� title guaranty company Serial No.: 0 -9301- 995604 ALTA OWNER'S POLICY 6-17 -06 Senior Chanman of the Board Chairman of the Baard President If you want information about coverage or need assistance to resolve complaints, please call our toll free number 1- 800 - 729 -1902 If you make a claim under your policy, you must famish written notice in accordance with Sewon 3 of the Conditions Visit our World -Wide Web site at wwwstewart com 0010013 COVERED RISKS (Continued) 9. Title being vested other than as stated in Schedule A or being defective (a) as a result of the avoidance in whole or in part, or from a court order providing an alternative remedy, of a transfer of all or any part of the title to or any interest in the Land Occurring prior to the transaction vesting Title as shown in Schedule A because that prior transfer constituted a fraudulent or preferential transfer under federal hankmptcy, state insolvency, or similar creditors' rights laws; or (b) because the instrument of transfer vesting Title as shown in Schedule A constitutes a preferential transfer under federal bankruptcy, state insolvency, or similar creditors' rights laws by reason of the failure of its recording in the Public Records (i) to be timely, or OU to impart notice of its existence to a purchaser for value or to a judgment or lien creditor 10. Any defect in or lien or encumbrance on the Title or other matter included in Covered Risks I through 9 that has been created or attached or has been filed or recorded in the Public Records subsequent to Date of Policy and prior to the recording of the deed or other instrument of transfer in the Public Records that vests Title as shown in Schedule A. The Company will also pay the costs, attomeys' fees, and expenses incurred in defense of any matter insured against by this Policy, but only to the extent provided in the Conditions EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys' fees, or expenses that arise by reason of L (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to 01 the occupancy, use, or enjoyment of the Land; (n) the character, dimensions, or location of any improvement erected on the Land, (u) the subdivision of land; or 6s) environmental protection; 4. or the effect of any violation of these laws, ordinances, or governmental regulations This Exclusion I(a) does not modify or limn the coverage provided under Covered Risk 5, (b) Any governmental police power This Exclusion I(b) does not modify or limit the coverage provided under Covered Risk 6 2. 2. Rights of eminent domain This Exclusion does not modify or limit the 5. coverage provided under Covered Risk 7 or 8 3 Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed, or agreed to by the Insured Claimant; (b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy, (c) resulting in no loss or damage to the Insured Clzrmantr (d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 9 and 10); or (e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Title. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction vesting the Title as shown in Schedule A, is (a) a fraudulent conveyance or fraudulent transfer; or (b) a preferential transfer for any reason not stated in Covered Risk 9 of this policy. Any hen on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy and the date of recording of the deed or other instrument of transfer in the Public Records that vests Title as shown in Schedule A CONDITIONS 1. DEFINITION OF TERMS The following terms when used in this policy mean (a) "Amount of Insurance': The amount stated in Schedule A, as may be increased or decreased by endorsement to this policy, increased by Section 8(b), or decreased by Sections 10 and I I of these Conditions (b) "Dale of Policy ": The date designated as "Date of Policy" in Schedule A (C) "Entity ": A corporation, partnership, trust, limited liability company, or other similar legal entity. (d) 'Insured" The Insured named in Schedule A (i) The term "Insured" also includes (AI successors to the Title of the Insured by operation of law as distinguished from purchase, including heirs, devisees, survivors, personal representatives, or next of kin, (B) successors to an Insured by dissolution, merger, consolidation, distribution, or reorganization; (C) successors to an Insured by its conversion to another kind of Entity, (D) a grantee of an Insured under a deed delivered without payment of actual valuable consideration conveying the Title (1) if the stock, shares, memberships, or other equity interests of the grantee are wholly -owned by the named Insured, (2) if the grantee wholly owns the named Insured, (3) if the grantee is wholly -owned by an affiliated Entity of the named Insured, provided the affiliated Entity and the named Insured are both wholly -owned by the same person or Entity, or (4) if the grantee is a trustee or beneficiary of a trust created by a written instrument established by the Insured named in Schedule A for estate planning purposes 000014 (it) With regard to (A), (B). (C), and (D) reserving, however, all rights and defenses as to any successor that the Company would have had against any predecessor Insured. (e) "Insured Claimant ": An Insured claiming loss or damage. (1) "Knowledge" or "Known ". Actual knowledge, not constructive knowledge or notice that may be imputed to an Insured by reason of the Public Records or any other records that impart constructive notice of matters affecting the Title. (g) "Land ": The land described in Schedule A, and affixed improvements that by law constitute real property The term "Cand" does not include any property beyond the lines of the area described in Schedule A, nor any right, title, interest, estate, or easement in abutting streets, roads, avenues, alleys, lanes, ways, or waterways, but this does not modify or limit the extent that a right of access to and from the Land is insured by this policy. (h) "Mortgage ": Mortgage, deed of trust, trust deed, or other security instrument, including one evidenced by electronic means authorized by law W "Public Records ": Records established under state statutes at Date of Policy for the purpose of imparting constructive notice of matters relating to real property to purchasers for value and without Knowledge. With respect to Covered Risk 5(d), "Public Records" shall also include environmental protection liens filed in the records of the clerk of the United Slates District Court for the district where the Land is located. 0) "Title" The estate or interest described in Schedule A. (k) 'Unmarketable Title" Title affected by an alleged or apparent matter that would permit a prospective purchaser or lessee of the Title or lender on the Title to be released from the obligation to purchase, lease, or lend if there is a contractual condition requiring the delivery Of marketable title. CONDITIONS (Continued) 2. CONTINUATION OF INSURANCE Whenever requested by the Company, the Insured, at the Company's The coverage of this policy shall continue in force as of Date of Policy in expense, shall give the Company all reasonable ard (i) in securing favor of an Insured, but only so long as the Insured retains an estate or evidence, obtaining witnesses, prosecuting or defending the action or interest in the Land, or holds an obligation secured by a purchase money proceeding, or effecting settlement, and (a) in any other lawful act that Mortgage given by a purchaser from the Insured, or only so long as the in the opinion of the Company may be necessary or desirable to Insured shall have liability by reason of warranties in any transfer or establish the Tide or any other matter as insured. If the Company is conveyance of the Tide This policy shall not continue in force in favor of prejudiced by the failure of the Insured to famish the required any purchaser from the Insured of either (i) an estate or interest in the Land, cooperation, the Company's obligations to the Insured under the policy or (ul an obligation secured by a purchase money Mortgage given to the shall terminate, including any liability or obligation to defend, Insured. prosecute, or continue any litigation, with regard to the matter or matters requiring such cooperation. 3. NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT (b) The Company may reasonably require the Insured Claimant to submit The Insured shall notify the Company promptly in writing (i) in case of any to examination under oath by any authorized representative of the litigation as set forth in Section 5(a) of these Conditions, (u) in case Company and to produce for examination, inspection, and copying, at Knowledge shall come to an Insured hereunder of any claim of title or such reasonable times and places as may be designated by the interest that is adverse to the Title, as insured, and that might cause loss or authorized representative of the Company, all records, in whatever damage for which the Company may be liable by virtue of this policy, or (rig) medium maintained, including books, ledgers, checks, memoranda, if the Title, as insured, is rejected as Unmarketable Title. If the Company is correspondence, reports, e- mails, disks, tapes, and videos whether prejudiced by the failure of the Insured Claimant to provide prompt nonce, bearing a date before or after Date of Policy, that reasonably pertain to the Company's liability to the Insured Claimant under the policy shall be the loss or damage. Further, if requested by any authorized reduced to the extent of the prejudice. representative of the Company, the Insured Claimant shall grant its permission, in writing, for any authorized representative of the J. PROOF OF LOSS Company to examine, inspect, and copy all of these records in the In the event the Company is unable to determine the amount of loss or custody or control of a third party that reasonably pertain to the loss or damage, the Company may, at its option, require as a condition of payment damage All information designated as confidential by the Insured that the Insured Claimant furnish a signed proof of loss. The proof of loss Claimant provided to the Company pursuant to this Section shall not must describe the defect, lien, encumbrance, or other matter insured against be disclosed to others unless, in the reasonable judgment of the by this policy that constitutes the basis of loss or damage and shall slate to Company, it is necessary in the administration of the claim. Failure of the extent possible, the basis of calculating the amount of the loss or the Insured Claimant to submit for examination under oath, produce damage. any reasonably requested information, or grant permission to secure reasonably necessary information from third parties as required in this 5. DEFENSE AND PROSECUTION OF ACTIONS subsection, unless prohibited by law or governmental regulation, shall (a) Upon written request by the Insured, and subject to the options terminate any liability of the Company under this policy as to that contained in Section 7 of these Conditions, the Company, at its own claim. cost and without unreasonable delay, shall provide for the defense of an Insured in litigation in which any third party asserts a claim 7. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS; covered by this policy adverse to the Insured This obligation is TERMINATION OF LIABILITY limited to only those stated causes of action alleging matters insured In case of a claim under this policy, the Company shall have the following against by this policy. The Company shall have the right to select additional options - counsel of its choice (subject to the right of the Insured to object for (a) To Pay or Tender Payment of the Amount of Insurance To pay or reasonable cause) to represent the Insured as to those staled causes of tender payment of the Amount of Insurance under this policy together action It shall not be liable for and will not pay the fees of any other with any costs, attorneys' fees, and expenses incurred by the Insured counsel. The Company will not pay any fees, costs, or expenses Claimant that were authorized by the Company up to the time of incurred by the Insured in the defense of those causes of action that payment or tender of payment and that the Company is obligated to allege matters not insured against by this policy pay Upon the exercise by the Company of this option, all liability (h) The Company shall have the right, in addition to the options contained and obligations of the Company to the Insured under this policy, other in Section 7 of these Conditions, at its own cost, to institute and than to make the payment required in this subsection, shall terminate, prosecute any action or proceeding or to do any other act that in its including any liability or obligation to defend, prosecute, or continue opinion may be necessary or desirable to establish the Title, as any litigation. insured, or to prevent or reduce loss or damage to the Insured The (b) To Pay or Otherwise Settle With Parties Other Than the Insured or Company may take any appropriate action under the terms of this With the Insured Claimant policy, whether or not it shall be liable to the Insured. The exercise of (i) To pay or otherwise settle with other parties for or in the name these rights shall not be an admission of liability or waiver of any of an Insured Claimant any claim insured against under this provision of this policy. If the Company exercises its rights under this policy. In addition, the Company will pay any costs, attorneys' subsection, it must do so diligently fees, and expenses incurred by the Insured Claimant that were (c) Whenever the Company brings an action or asserts a defense as authorized by the Company up to the time of payment and that required or permitted by this policy, the Company may pursue the the Company is obligated to pay; or litigation to a final determination by a court of competent jurisdiction, (it) To pay or otherwise settle with the Insured Claimant the loss or and it expressly reserves the right, in its sole discretion, to appeal any damage provided for under this policy, together with any costs, adverse judgment or order attorneys' fees, and expenses incurred by the Insured Claimant that were authorized by the Company up to the time of payment 6. DUTY OF INSURED CLAIMANT TO COOPERATE and that the Company is obligated to pay (a) In all cases where this policy permits or requires the Company to Upon the exercise by the Company of either of the options provided prosecute or provide for the defense of any action or proceeding and for in subsections (b)(i) or (u), the Company's obligations to the any appeals, the Insured shall secure to the Company the right to so Insured under this policy for the claimed loss or damage, other than prosecute or provide defense in the action or proceeding, including the the payments required to be made, shall terminate, including any right to use, at its option, the name of the Insured for this purpose. liability or obligation to defend, prosecute, or continue any litigation. OJU015 CONDITIONS (Continued) DETERMINATION AND EXTENT OF LIABILITY This policy is a contract of indemnity against actual monetary loss or damage sustained or incurred by the Insured Claimant who has suffered loss or damage by reason of matters insured against by this policy. (a) The extent of liability of the Company for loss or damage under this policy shall not exceed the lesser of (if the Amount of Insurance; or (u) the difference between the value of the Title as insured and the value of the Title subject to the risk insured against by this policy (b) If the Company pursues its rights under Section S of these Conditions and is unsuccessful in establishing the Title, as insured, 0) the Amount of Insurance shall be increased by 10`io, and (it) the Insured Claimant shall have the right to have the loss or damage determined either as of the date the claim was made by the Insured Claimant or as of the date it is settled and paid (c) In addition to the extent of lability under tat and (b), the Company will also pay those costs, attorneys' fees, and expenses incurred in accordance with Sections 5 and 7 of these Conditions 9. LIMITATION OF LIABILITY (a) If the Company establishes the Title, or removes the alleged defect, lien, or encumbrance, or cures the lack of a right of access to or from the Land, or cures the claim of Unmarketable Title, all as insured, in a reasonably diligent manner by any method, including htigaoon and the completion of any appeals, a shall have fully performed its obligations with respect to that matter and shall not be liable for any loss or damage caused to the Insured. (b) In the event of any litigation, including litigation by the Company or with the Company's consent, the Company shall have no liability for loss or damage until there has been a final determination by a court of competent jurisdiction, and disposition of all appeals, adverse to the Title, as insured. (c) The Company shall not be liable for loss or damage m the Insured for liability volumanly assumed by the Insured in settling any claim or suit without the prior written consent of the Company 10. REDUCTION OF INSURANCE; REDUCTION OR TERMINATION OF LIABILITY All payments under this policy, except payments made for costs, attorneys' fees, and expenses, shall reduce the Amount of Insurance by the amount of the payment. 11. LIABILITY NONCUMULATIVE The Amount of Insurance shall be reduced by any amount the Company pays under any policy insuring a Mortgage In which exception is taken in Schedule B or to which the Insured has agreed, assumed, or taken subject, or which is executed by an Insured after Date of Policy and which is a charge or hen on the Title, and the amount so paid shall be deemed a payment to the Insured under this policy 12. PAYMENT OF LOSS When liability and the extent of loss or damage have been definitely fixed in accordance with these Conditions, the payment shall be made within 30 days. 13. RIGHTS OF RECOVERY UPON PAYMENT OR SETTLEMENT (a) Whenever the Company shall have settled and paid a claim under this policy, it shall be subrogated and entitled to the rights of the Insured Claimant in the Title and all other rights and remedies in respect to the claim than the Insured Claimant has against any person or property, to the extent of the amount of any loss, costs, attorneys' fees, and expenses paid by the Company If requested by the Company, the Insured Claimant shall execute documents to evidence the transfer to the Company of these rights and remedies. The Insured Claimant shall permit the Company to sue, compromise, or settle in the name of the Insured Claimant and to use the name of the Insured Claimant in any transaction or litigation involving these rights and remedies. If a payment on account of a claim does not fully cover the loss of the 00601-G Insured Claimant, the Company shall defer the exercise of its right to recover until after the Insured Claimant shall have recovered its loss. (b) The Company's right of subrogation includes the nghts of the Insured to indemnities, guaranties, other policies of insurance, or bonds, notwithstanding any terms or conditions contained in those instruments that address subrogation rights. 14. ARBITRATION Either the Company or the Insured may demand that the claim or controversy shall be submitted to arbitration pursuant to the Title Insurance Arbitration Rules of the American Land Tide Association ('Rules ") Except as provided in the Rules, there shall be no joinder or consolidation with claims or controversies of other persons. Arbitrable matters may include, but are not limited to, any controversy or claim between the Company and the Insured ansmg out of or relating to this policy, any service in connection with its issuance or the breach of a policy provision, or to any other controversy or claim arising out of the transaction giving rise to this policy. All arbitrable matters when the Amount of Insurance is $2,000,000 or less shall be arbitrated at the option of either the Company or the Insured. All arbitrable matters when the Amount of Insurance is in excess of $2,000,000 shall be arbitrated only when agreed to by both the Company and the Insured Arbitration pursuant to this policy and under the Rules shall be binding upon the parties. Judgment upon the award rendered by the Arbitrators) maybe entered in any court of competent jurisdiction. 15. LIABILITY LIMITED TO THIS POLICY; POLICY ENTIRE CONTRACT (a) This policy together with all endorsements, if any, attached to it by the Company is the entire policy and contract between the Insured and the Company In interpreting any provision of this policy, this policy shall be consumed as a whole. (b) Any claim of loss or damage that arises out of the status of the Title or by any action asserting such claim shall be restricted to this policy. (c) Any amendment of or endorsement to this policy must be in writing and authenticated by an authorized person, or expressly incorporated by Schedule A of this policy (d) Each endorsement to this policy issued at any time is made a part of this policy and is subject to all of its terms and provisions. Except as the endorsement expressly states, it does not (i) modify any of the terms and provisions of the policy, (u) modify any prior endorsement, (iu) extend the Date of Policy, or (iv) increase the Amount of Insurance 16. SEVERABILITY In the event any provision of this policy, in whole or in pan, is held invalid or unenforceable under applicable law, the policy shall be deemed not to include that provision or such pan held to be invalid, but ail other provisions shall remain in full force and effect. 17. CHOICE OF LAW; FORUM (a) Choice of Law The Insured acknowledges the Company has underwritten the risks covered by this policy and determined the premium charged therefore in reliance upon the law affecting interests in real property and applicable to the interpretation, rights, remedies, or enforcement of policies of title insurance of the jurisdiction where the land rs located. Therefore, the court or an arbitrator shall apply the law of the jurisdiction where the Land is located to determine the validity of claims against the Title that are adverse to the Insured and to interpret and enforce the terms of this policy. In neither case shall the court or arbitrator apply its conflicts of law principles to determine the applicable law (c) Choice of Forum. Any litigation or other proceeding brought by the Insured against the Company must be filed only in a state or federal coon within the United States of America or its territories having appropriate jurisdiction. 18. NOTICES, WHERE SENT Any notice of claim and any other nonce or statement in writing required to be given to the Company under this policy must be given to the Company at Claims Department at P O Box 2029, Houston, TX 77252 -2029. ALTA OWNER'S POLICY (6/17/06) SCHEDULE A Name and Address of Title Insurance Company: Stewart Title Guaranty Company P.O. Box 2029 Houston, Texas 77252 -2029 Prepared by: Colorado Regional Production Center Title Officer: Linda Williams Order Number: 939979 Date of Policy: December 20, 2010 at 10:44 AM for the date of recording of the insured deed, whichever is later) Amount of Insurance: $410,000.00 *Address Reference: TBD Dorais Way Redstone, Colorado 81623 1. Name of Insured: Philip Youngman and Cheryl Malone Policy Number: 0- 9301 - 995604 Premium: $574.00 2. The estate or interest in the land that is insured by this Policy is: Fee Simple 3. Title to the estate or interest in the land is vested in: Philip Youngman and Cheryl Malone 4. The land referred to in this policy is described as follows: See Attached Legal Description 00ruLiI7 *FOR COMPANY REFERENCE PURPOSE ONLY, NOT AN INSURING PROVISION ALTA Owner's Policy - Schedule A r-sb Page I of 2 Policy Typist Ikr nw v+�r�rn ALTA OWNER'S POLICY (6/17/06) SCHEDULE A LEGAL DESCRIPTION A tract of land situated in the NE1 /4NW 1 A and the NW 1 /4NW 1/4 of Section 9 Township 10 South, Range 88 West of the Sixth Principal Meridian lying westerly of the westerly right of way line of the Old Crystal River Railroad and easterly of the center line of the Crystal River, said tract being described as follows: Beginning at a point on the westerly right of way line of said railroad whence an iron post with a brass cap found in place and properly marked for the Witness Corner to the northwest corner of said Section 9 bears North 58 °14'11" West 1482.92 feet; thence South 31 °57'30" West 150.04 feet along the westerly right of way line of said railroad; thence North 68'17'30" West 317.06 feet to a point in the center of said river; thence North 32 °55'30" East 151.83 feet along the center of said river; thence North 48 °05'30" East 231.73 feet along the center of said river ;thence North 33 °58'00" East 61.50 feet along the center of said river; thence South 64 °22'00" East 216.14 feet to a point on the Westerly line of said railroad; thence South 25 °38'00" West 254.77 feet along the Westerly line of said railroad to the point of beginning. COUNTY OF PiTKIN, STATE OF COLORADO 000+01 *FOR COMPANY REFERENCE PURPOSE ONLY, NOT AN INSURING PROVISION ALTA Owner's Policy - Schedule A rsib- Page 2 of 2 Policy Typist: Ikr ALTA OWNER'S POLICY (6/17/06) SCHEDULE B Exceptions From Coverage Order Number: 939979 Policy Number: 0- 9301 - 995604 This policy does not insure against loss or damage (and the Company will not pay costs, attorney's fees or expenses) which arise by reason of: Rights or claims of parties in possession, not shown by the public records. 2. Easements, or claims of easements, not shown by the public records. 3. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the title that would be disclosed by an accurate and complete land survey of the Land and not shown by the public records. 4. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the public records. 5. Unpatented mining claims, reservations or exceptions in patents, or in acts authorizing the issuance thereof. 6. Water rights, claims or title to water. 7. All taxes for 2010 and subsequent years, which area lien not yet payable. 8. The effect of inclusions in any general or specific water conservancy, fire protection, soil conservation or other district or homeowners association or inclusion in any water service or street improvement area. 9. Right of the proprietor of a vein or lode to extract and remove his ore therefrom, should the same be found to penetrate or intersect the premises hereby granted, as reserved in United States Patent recorded May 18, 1894 in Book 55 at Page 46 as Reception No. 34624. 10. Right Of Way granted unto Public Service Company of Colorado as set forth in instrument recorded May 12, 1959 in Book 187 at Page 242 as Reception No. 107989. 11. This policy does not insure title to land comprising the shores or bottoms of rivers and is subject to any build up or loss of property along the Crystal River caused by the processes of accretion and reliction, or caused by man made changes in the flow of water or in the course of the river bank or river channel; also subject to the free and unobstructed flow of the water of said river, and recreational or other use thereof. 12. Restrictive Covenants as set forth in Deed recorded July 13, 1969 in Book 249 at Page 428 as Reception No. 141311. 006019 ALTA Owner's Policy Schedule B -1 rs' Page I of 2 ALTA OWNER'S POLICY (6/17/06) 13. Board of County Commissioners of Pitkin County, Colorado, Resolution No. 96 -306 granting approval of the Parker 1041 Hazard Review and General Submission, recorded December 12, 1996 as Reception No. 399980. 14. Resolution No. 174 -2000 of the Board of County Commissioners of Pitkin County, Colorado, recorded October 12, 2000 as Reception No. 447847. 15. Easements, rights of way, and conditions as shown on the Dodds, Andrew 1041 Review Plat recorded May 24, 2001 in Plat Book 57 at Page 82 as Reception No. 454807. 16. Determination No. 50 -2002, approving a Subdivision Exemption for a Lot Line Adjustment to the Josey & Associates L.P. and Dillon & Wiley Inc. by the hearing officer of the Community Development Department of Pitkin County, Colorado, recorded January 17, 2003 as Reception No. 477484. 17. T Josey & Associates /O'Neal 1041 Hazard Review and Conceptual Submission, Determination No. 51 -2002 of the hearing officer of the Community Development Department of Pitkin County, Colorado, recorded January 17, 2003 as Reception No. 477485 and re- recorded January 29, 2003 as Reception No. 478015. 18. Easements, rights of way, and all matters as shown on the O'Neal 1041 Review, Conceptual Submission & Subdivision Exemption for a Lot Line Adjustment recorded December 10, 2003 in Plat Book 67 at Page 99 as Reception No. 492248. 19. Determination No. 046 -2007, Approving the Sanford Activity Envelope by the Community Development Director of Pitkin County, Colorado, recorded June 7, 2007 as Reception No. 538643. 006020 ALTA Owner's Policy Schedule B -1 Page 2 of 2 mr puw,pwr�sry ENDORSEMENT ATTACHED TO AND MADE A PART OF POLICY OF TITLE INSURANCE SERIAL NUMBER 0- 9301- 995604 E ! Sart. guaranty P y HEREIN CALLED THE COMPANY Order Number: 939979 The Policy is hereby amended by deleting Paragraph(s): 1-4, inclusive, of Schedule B: Charge: $150.00 This endorsement is made a part of the policy and is subject to all of the terms and provisions thereof and of any prior endorsements thereto. Except to the extent expressly stated, it neither modifies any of the terms and provisions of the policy and any prior endorsements, nor does it extend the effective date of the policy and any prior endorsements, nor does it increase the face amount thereof. Signed under seal for the Company, but this endorsement is to be valid only when it bears an authorized countersignature. Countersigned: Authonnzed Cowtersignalure Stewart Title Roaring Fork Division 60 South 8ih Street, Suite 101 Carbondale, Colorado 81623 Phone: 970-704-1000 Fax: 970 -704 -0205 Agent ID: 067301 0®u J21 r—SIBV VE •title guaranty company Serial No. E- 9851- 3826874 / Senior Chairman of tt6 Board Chairman of [he Board Form 110.1 Deletion of Exception(s) Endorsement ATTACHMENT 4 Street address and parcel description. including legal description, and 8 -1/2" x 11" vicinity map locating the subject property within Pitkin County ADDRESS No address has been designated for the property. The property is located 1 mile south along Dorais Way north of Redstone Blvd. See ATTACHMENT 3 Above. LEGAL DESCRIPTION - VICINITY MAP - 00ur722 ACTIVITY ENVELOPE REVIEW, PARCEL 0 #2728- 092 -00 -008 P09e 14 W 11 1 T R P. 1 N e T I 0 N .i L 00ur722 ACTIVITY ENVELOPE REVIEW, PARCEL 0 #2728- 092 -00 -008 P09e 14 ATTACHMENT Executed Pitkin County Community Develwment Agreement for Payment of Land Use Application Fees form PITKIN COUNTY COMMUNITY DEVELOPMENT DEPARTMENT AGREEMENT FOR PAYMENT OF LAND USE APPLICATION FEES PITKIN COUNTY (hereinafter COUNTY) and (hereinafter APPLICANT) AGREE AS FOLLOWS: 1. APPLICANT has submitted to COUNTY an application for (hereinafter, THE PROJECT). 2. APPLICANT understands and agrees that Pitkin County Ordinance No. Ol 1 -2005 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 $ 1,344.00 which is based on 6 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. MII N IM1111L`111.1 Cindy Houben, Community Development Director Effective 5125105 00GO ?3 APPLICANT Signature Tom Newland January 30, 2007 c/o Phil Youngman 2716 Treyburne lane Hampton Cove, AL 35763 ACTIVITY ENVELOPE REVIEW, PARCEL ID #2729 - 092 -00 -008 Page 15 ATTACHMENT6 Previous Land Use Approvals 0700 ?A ACTIVITY ENVELOPE REVIEW, PARCEL ID #2729- 092-00 -008 Page 16 INIIII I�fI�fINI�IHIIgI IN Hill 111 B�acaa 08.11 JANICE K VOS CAUDILL PITKIN COUNTY e0 R 0.00 D 0.00 ADMINISTRATIVE DECISION OF THE COMMUNITY DEVELOPMENT DIRECTOR OF PITIQN COUNTY, COLORADO, APPROVING THE SANFORD ACTIVITY ENVELOPE Administrative Decision NoM62007 I "I 1. Tracey and Dana Sanford ( "Applicant") have applied to the Community Development Director of Pitkin County ( "Director") to establish an activity envelope for a single family residence. 2. The parcel contains 2.63 acres and is conforming in size in the AR -2 zone district. 3. The parcel is located on Dorais Way, north of Redstone, and is more specifically described in Exhibit A. 4. The application was received after July 6h, 2006 and therefore is reviewed pursuant to the 2006 Land Use Code ( "Code "). 5. The parcel was legally created prior to 1972. The BOCC granted 1041 hazard review and general submission approval pursuant to Resolution No. 96 -306; the 1041 site plan was recorded in Plat Book 42 at Page 36. The vested rights for this approval expired in 1999. The Hearing Officer granted a new 1041 hazard review and conceptual submission approval pursuant to Determination No. 51 -2002; a lot line adjustment was also approved. The lot line adjustment plat and site plan were recorded in Plat Book 67 at Pages 99 -100. The vested rights expired in 2005. 6. The Director finds that the proposed activity envelope is consistent with the applicable requirements of the Code, as follows: A. The activity envelope avoids slopes in excess of 3W9. B. The wildfire hazard is rated as medium, and can be mitigated pursuant to the provisions of Sec. 7- 20-60.c of the Code. C. The activity envelope is located within mapped elk winter range, where development is permitted pursuant to Sec. 7- 20 -70, subject to mitigation. D. The activity envelope complies with the 100' stream setback and avoids the 100 year floodplain. APPROVED by the Director, subject to the following conditions, which shall run with the land and be binding on all successors in interest: 1. The Applicants shall adhere to all material representations made during the application process. 2. Prior to submission of any building or other development permit applications, the Applicant shall be required to submit for approval an application for Site Plan Review, pursuant to Secs. 2 -30 -20 and 7- �, aa ii 10 -50 of the Code. The parcel is within the mapped Scenic View Protection Area, and, therefore, the Applicant shall demonstrate compliance at Site Plan Review with the standards in Sec. 7- 20 -120.d and the rural character guidelines for building location in Sec. 7- 20 -120.e of the Code, in addition to all other applicable criteria. Page2s(ra(ive Decision No.( -2007 1 �386�3 09.14 JANICE K VDS CAMILL VITKIN COUNTY CO R 0.W D 9.011 3. Prior to submission of the Site Plan Review application, the Applicant shall be required to submit for approval by the County Attorney and Community Development an Activity Envelope Plan in accordance with Land Use Code Section 2- 3a20(g) and Application Manual Section 2.1.1. The above referenced approvals shall be a condition precedent to finalization and recordation. The Activity Envelope Plan shall also incorporate the following changes: A. Amend the signature block from "Hearing Officer" to "Community Development Director." 4. At Site Plan Review, the Applicant shall provide an analysis of whether or not an additional setback from the river bank for structures is warranted to maintain the integrity of the riparian features on the site. This may include development of a detailed site specific riparian delineation and/or an analysis of the structural stability of the river bank conducted by competent professionals. 5. Prior to submission of aseptic permit, the Applicant shall provide sufficient documentation to the Environmental Health and Natural Resources Department to establish that the well meets: (1) setback requirements, (2) the County's minimum requirements for an adequate water supply, and (3) the County's 1SDS Regulation minimum requirements for adequate water quality. 6. Prior to issuance of a building permit, the Applicant shall: A. Obtain an access permit for the driveway, which shall be approved by the Planning Engineer and the Community Development Department. B. Obtain a fireplace/woodstove permit from the Community Development Department, if necessary. C. Submit a site specific drainage and erosion control plan prepared by a qualified engineer or geologist for review and approval by the Planning Engineer_ D. Pay the applicable road and employee housing impact fees. E. Obtain a septic system permit from the Environmental Health and Natural Resources Department. The sewage disposal system must be designed by a registered professional engineer and shall be located within the approved activity envelope. F. Submit a construction management plan for review and approval by the Planning Engineer. 7. The parcel is exempt from the Growth Management up to 5,750 square feet of Floor area. 8. The Applicant shall comply with the following standards for Development in a Medium Wildfire Hazard Area: A. Defensible Space: The area around all buildings/structures, limited by property boundaries that may limit a property owner's ability to comply with this section, shall incorporate landscaping with wildfire defensible space considerations as follows (note: actual vegetation manipulation to meet these conditions may not be necessary where the natural vegetation patterns have already fulfilled these conditions): 1) Brush, debris and non - ornamental vegetation shall be removed within a minimum ten -foot (IM nerimeter amend all Mnreturec AAdm i istradve Decision No. 'M -2007 � Pt n N`I 58/200 00 -14 2) Vegetation shall be reduced to break up the vertical and horizontal continuity of the fuels at a minimum of a thirty (30) foot perimeter around a structure built on flat ground. (For greater slopes, reference the CSFS Safety Zone chart in Wildfire Guidelines For Rural Homeowners, which provides general guidelines that may be modified by a wildfire expert acceptable to the County). 3) Spacing between clumps of brush and vegetation up to the thirty (30) foot perimeter shall be a minimum of two (2) times the height of the fuel. Maximum diameter of the clumps shall be equal to the height of the fuel. All measurements shall be from the edges of the crowns of the fuel. 4) All branches from trees and brush within the thirty (30) foot perimeter shall be pruned to a height of ten (10) feet above the ground with removal of ladder fuels from around trees and bnish. 5) Tree crown separation within the thirty (30) foot perimeters shall have a minimum of ten (10) feet between the edges of the crowns, except for mature stands of aspen trees where ladder fuels have been removed. In areas of aspen regeneration, understory shrubs and down and dead materials shall be removed. 6) All branches that extend over the roof eaves shall be trimmed and all branches within fifteen (15) feet of chimneys shat l be removed. 7) The density of fuels up to a one hundred (100) foot perimeter of the structures shall be reduced where natural reduction has not already occurred. 8) All deadfall up to a one hundred (100) foot perimeter shall be removed. 9) No new conifer trees shall be planted within ten (10) feet of a residence. 10) No flammable mulches shall be placed within two (2) feet of a residence. 11) The property owner shall be responsible for the continued maintenance of the defensible space vegetation requirements. B. Roofing Materials: Class A covering or Class A assembly as defined by the currently adopted Building Code. No wood shakes or shingles. All other adopted Building Code compliant methods and materials permitted. Roofs with less than a 3:12 pitch are not permitted unless they comply with the following: 1) All roof coverings shall be constructed of non - combustible materials and installed on a Class A roof assembly. 2) All roof coverings shall have a surface that shall facilitate the natural process of clearing roof debris. 3) 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 pitch of 1:48. 5) All roof designs, coverings, or equivalent assemblies shall be specifically approved by the n Fire Marshal prior to submittal of a building permit application. U ® 1 C. Roof Venting: 1) Soffit venting shall be located in the outer 1/3rd portion of the overhang. 2) Attic, soffit and other roof venting shall be of noncorrosive metal mesh with maximum Y." Administrative Decision N�Q 2007 IIp11 �DilIP' TKI I� o� ulrrl co �� �II 538643 69. 14 Page 4 D. Projections at the Roofline, including Soffits, Rafters, Porch or Deck Roofs, Fascias, or Other: Sheath with non - combustible materials, or cCombustible materials underlain with 518" Type X gypboard or equal, or minimum 4x6 rafters with 2x T &G decking. E. Decks, Decking, Cantilevered Floors, or Other Projections Below the Roofline: Minimum 6x6 posts, 6x10 beams, 3x8 joists, 3x decking, and 2x railings, or equivalent log construction. F. Maintenance and Miscellaneous Requirements 1) Roofs and gutters shall be kept clear of debris. 2) Roof vents shall be screened with corrosive resistant wire mesh, with mesh one-fourth (K) inch maximum. 3) Any outbuilding shall adhere to the same wildfire requirements. 4) Yards shall be kept clear of all litter, slash and flammable debris. 5) All flammable materials shall be stored on a parallel contour a minimum of fifteen (15) feet away from any structure. 6) Weeds and grasses within the ten (10) foot perimeter shall be maintained to a height not more than six (6) inches. 7) Firewood/wood piles shall be stacked on a parallel contour a minimum of fifteen (15) feet away from the structure. 8) Swimming pools and ponds shall be accessible by the local fire district. 9) Fences shall be kept clear of brush and debris. 10) Wood fences shall not connect to other structures. 11) Fuel tanks shall be installed underground with an approved container. 12) Propane tanks shall be buried, if possible, or installed according to NFPA 58 standards and on a contour away from the structure with standard defensible space vegetation mitigation around any aboveground tank. Any wood enclosure around the tank shall be constructed with materials approved for two (2) hour fire- resistive construction on the exterior side of the walls. 13) Each structure shall have a minimum of one ten (10) pound ABC fire extinguisher. 14) Addresses shall be clearly marked with two (2) inch non - combustible letters and shall be visible at the primary point of access from the public or common access road and installed on a non - combustible post. IS) Utilities shall be extended underground. 9. The Applicant shall comply with the following measures to mitigate impacts to wildlife: A. Dogs shall be kenneled within 50' of the residence or leashed under human supervision when outside of the kennel. B. Native vegetation shall be maintained outside of the activity envelope. C. Trash/garbage shall be kept in an approved bear resistant container or enclosure, pursuant to the County's Wildlife Protection Ordinance. Verification of compliance shall be provided prior to Ut ., issuance of a certificate of occupancy. /J D. Fencing outside of the activity envelope shall comply with the following wildlife fencing standards: 1) Wood fencing shall employ three rails or less, be the round or split rail type, shall not exceed Administrative Decision Nal 2007 I" j�l II� osllll I 1111 IN 11111111 IN I 9.00 Page: e 7 09' 14 Page 5 48 inches in height above ground level and 12 inches in width (top view), and shall have at least 18 inches between two of the rails. 2) Wire fencing shall consist of no more than 3 strands of smooth wire and shall not exceed 42 inches in height. 3) All non - conforming fencing on the property must be brought into compliance. E. Avoid fruit-bearing trees and shrubs in any landscaping. F. Horse grazing is prohibited on the lower bench of the property. G. Horse hay shall be fenced with 8' high mesh game -proof fencing. H. Construction shall be prohibited from December 1 through March 31 10. No development including grading, excavation, fill placement, beaming, landscaping, vegetation removal or disturbance, well or septic system shall occur outside of the approved activity envelope, except as necessary to comply with the wildfire mitigation measures described above. 11. Prior to commencement of any earthmoving or other construction activity, the Applicant shall stake the corners of the activity envelope and install construction fencing around the construction site within the perimeter of the activity envelope. The fencing shall remain in place until issuance of a Certificate of Occupancy. 12. All areas disturbed by construction shall be re- vegetated with native shrubs and grasses within one growing season of the project's completion. 13. No calculations for height, bulk, setback, size, floor area, or arty 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. 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 2010. 15. 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 G,j6G12� of 7 Administrative Decision No. 0b2007 I VIII I VIII III IIIIII IIII III Ind IIII sw 8/2097 W14 Page 6 JANICE K YOS CAWILL PITKIN COUNTY CO R 0.00 D 0.00 APPROVED by the Director, this 78h- day ofM&9 __, 2007. PUBLISHED AFTER ADOPTION FOR VESTED REAL PROPERTY RIGHTS in the Aspen Times Weekly on the 10 day of 2007 . -SQ .N1s 6 Ctt Cindy Houben, Community Development Director PIDH 272909200008 P017 -07 �uJG '013 i1 ALTA OV4FrM*S POLICY, OWN I I �VN A tract of land South, Range. 1. line of tract �.d bran cap & said Section feet stung lb tot 254.77 feet along- COUNTY OF FMUN, STATE OF COLORADO 3%4 of Section 9 Township 10 spgrlyOf the westerly right of way 9W.Crystal River, said wbence an irm post with a b the northwest corner of 31*5730"Weit 150.04 6801730N West 317.06 151.83 fed along the center of said river t " Souffi.6MW9V 538643 Page: 7 of 7 06/07/2007 09:14 JAMICS K V06 cjAW LL PMIN COUNTY CO R 9.08 D 0.00 006031. N W+ E S SCALE: 1 "=40' CONTOUR INTERVAL = 2' SANFORD ACTIVITY ENVELOPE PLAN PITKIN COUNTY, COLORADO vB1HESSCOreNEarp THE NaamWEBrcoRHEnaBEOTW B 100032 LINES IN SPACE LAND SURVEYS VICINITY MAP SCALE: 1a= 2,000' SEC. 9, T.10 S., R.88 W. ,FFKNfYYO enEFDI LEGEND & NOTES Fd/DIBNBGV IF M,tI FEBFfF W'R IOMNOOBMM ��M� ICIFAIYw+aeFUa NptENA T NBIMWIHBE91 EIMIYY, V IfYF.YaIMEZCI.tm ATTACHMENT 8 SPID# 2729 - 092 -00 -008 LEGAL DESCRIPTION - 2.63 AC PARCEL ATYLTOF lM0 SIiWTEp MTI@ NE1N NWIN PNOTI@ NW1N MN1N OF M9IEIMII �W£SIf %'Y�OFNTM W£�STERLY RIONI O�W VLPF 6Fµ THE KDGIYSTK RNERgMPOM NIDFMTERLV pF THE CENTEPMNE pF TE gCY3 {µ PIYI:P, gApTMCT BEND pEECRIBEp AS FIXIOWS: BEtlNNNCArA FpINf ON TNf ME8IEPLV RIGM OF.AY LINE Of .0 mlL WHENCE µIRON PO6T WRN ABM65 CPP IN R E. p10FERLY MMXEO FOR lYE WITNE69 COPEASES iXE NORTHWEST CETER OF ymSECtIGN BBEAR6 N EB EASES IA'11 W 1N3.93 FEET: CE my 6 St x SNO6 P RO W i50.q FEET Kelp THE ESE 7.08 OF WAY AP CF SAID PN ENTER HENCE N SS THENCE tH n W CI E FEET TO N.63E IN THE CENTER BNO RIVER THENCENY[pEOREES 6S9PE1 A FEET KONG iNE CENTER CF 8AIOIW HE ENKo M%iEE 331.7'a EET L0HG HEECENTEROF S/JO RNFRTENCEN33. SNIBEEt.b FFETKCNGTNTCENTEROFSAID , THENCES& pE(EES E EEFi TOP ONTEWE YILINEOF�0 HE S S' O,IF GTN,NESM NE ,NDWI-R00 TO THE POINT OE MISINNI Cp NNG3 IACEES MCQE OR HESS. DISCLAIMER EN W KK.IENTK XA3MD MEA6 F%15T THAT MIGHT AFFECT lNE FM1OpERTY. KM Ni1pYEME11BKm THE USE FNDOCCUANCV 1XEREOF. WAIVER lHE PPGVI6BNl60F THE6E REGVNTION9 DO NQf N AMYWAY A&MBECAMIYTMT T�jAT SAPPROVEO MRIwTIONA MEl9lIRE5 VAI.L OLLNANIEEINE SKBN W PROPEPTV_ �Kµrg1R/4Y 9ANF�0 D -- HEARING OFFICER APPROVAL TXE A01M1Ye9YBLOPE PIKI HA9BEEN Rkl1w."IDRMROVEO BYME= COIMYW IAIJNRYp LCPMEMIHA CFFIF T9 ,-= 910 AI .`CF 1NIs IMII64U8DM TOIXE 1NW61A0 CCf10RIORSBOEtERWNTILIN NO. _ RECCaDEO AS BGON_AT PN3E _IN THE PRNN CpAlfY661N AXO �COFmER'S OFFICE WIMNCG wOF SURVEYOR'S CERTIFICATE E 9V01EY LNCIC0IE. DD XETf3V CERTIFY MAT I MI A PLOI61ETtTp IKOI 6 W tVEYp111MCFR TIE IA W 6 OF ME STAR OF (LL W NOp. THAT MW 911E PLK1 EI ATWE. CORPEGF AM1D CpIFLE1E MT Oi AN JC FII W AN APE %AN A69XOAN MTHEW. T PR EE 61TE WU WAs MM! FRDM AN ACWMTE SURVEY CF ME REN.IONANDT' DE6CNBE0 XERECN BV EE NA WUEAMV OIPECL 6WERN6N]V ANO CORRECRY 9SpXo ENVEL ENTMS SI�ISTR1EAMNOCOR �TO)TEOF THE MST OF MY MIONLIDOE MID BELIEF, N WRNESS NIIF.RECEIXAVES TMY N MO SEN. THIS_ DAY CF AO.. m- BY NCICOY PL A11 ACCEPTANCE FOR RECORDING THIS M PLAT HA9 BEENACCEPTED FORFLNDM ,NE6FF1a CF E 0..AT PELONOEA OFPo1,Wl WUNTYN. PIAT ON IMB wv6F Aft. DID_ ArP _as- �cEVti�i RO. CLE AN R SANFORD ACTIVITY ENVELOPE PLAN PARCEL IN SEC. 9 TAU & R W. P.M. PTTWNCOUNTY -LINES IN SPACE SYDNEY LINCICOME (L.S.141 1 1 ) ETOEENBODDAVL CNIBOMALEC4 B1BWJm3 MIENNBOI BCAlL 1'•q JOB N0.:9Dm O'NEAL 1041 REVIEW, CONCEPTUAL SUBMISSION & A SUBDIVISION la/ EXEMPTION FOR A LOT LINE ADJUSTMENT PITKIN COUNTY, COLORADO FF�^YIF.3. P.NU.� ��nnttGGCiViY. PA„�I CERTIFICATION OF DEDICATION AND OWNERSHIP E`ERTIi�GATlON OF DEDICATION AND OWNERSHIP AND NMOM A b pp VE3E PRMBfNTS THAT DILLM AIO WI LEY. ISE FARM ALL A NY OF THESE RPRESENiTTHAT N /TTMIN COMTY. BES" BEO AD FOLLOWS BE IM TIE O�EII OF tG VAN M LAWS IN PI MIN COUIWY. DESERIPED AS FOLLOWS- BEING TIE OtIIEA LINES IN SPACE LAND SURVEY& 000003 •3EpVTAICT OF LAW 61PLRM[�1FD I�1M1lNEI /YNI /A OF 9ECil ON 0. TOWNSHIP 10 SWTH. RAWE R llw MY 'El6ME OF TI ®EPADR(EAC�YTTRL RIYEI�II RIEIILLROADT RMDTMiRTMERLY Cf A I Cf THE POEECM IT0TY 0.[11Nry R ECOMOEnI SAlO�TRACT aAi ABED EEINfi a THE 'NEYF�d1E IMTI MMLY {{MIONBEEESCMINfD Y FOLLOWS: AN FORAW I" FQEETT NI TTIOEAR M 1'WSdJO��'� 13�FEE EW�IOONNWp9Y HAAS 2MTEY11 w1fi D29 KSYERLY RD ANN S�Nls CRYSTAL AI YEW: THEW, A S�NyNBWS��$�$A�ID RIVER CEMTERLIKSNpN' THE FOOLLpLOWING N3aEET EER'n0'NE H�M REiE TIEI.N2lp x[i i•RO OO EEXEl3 22 OLEiE TIEKWSE FEAT IHG� 9 1xIIYER Y[STERLY�RISW-FQFMYx LINE O THE P0�MHof BEGFINI .S. DO FEET LLOMOSAID M SAID CCMAINIIq 3 7B ACRES MDSE M LESS. HM BY THESE PRESENTS LAID WT. PLATTED NID 6WOI VIpBEMD FTIE 8YE Iwo LOTS RAW k,,,H AS SHOWN OR THIS PLAT I"t S IVI1 ON EREViION FOR LOi VE DDJUS EW � DOESr$ MRfBY I0FDI4TE M THE PUBLIC /ALLLL RIWTS -V.WAY MO EASEIENTS SHOWN HEREON FOR PUBLIC NE. ENECUTED TMIA fai DAY OF D. 2003. L _•. lfru—�A31- O'NELL. PINES DAIRY OILLOM MD SILEY, INC. NOTARY PUBLIC - CERTIFICATE STATE OF 93. COUNTY OF 1. �2� WEi p TLIW O'IE/L. B�St0E1fTE01ELONl AtliY ^YIMC. RN C EWS AM OF vfiQ.nSF^ i W EAPIKS MTA F HOWL rivF.NUE n n FF P DISCLAIMER I OAI EwINtN & H AAD ME" ENIST THAT WISPY AFFECT THE ?A,WW TY. MY IAPROVEBENT5 AND THE USE AND OCCUNMY THEEEDF. WAIVER THE PROVISION OF THESE N_EWLATIMS W WT IN M,MY SHME DR IMPLY THAT T�wPPOVEEDD Of IWEMSURESOWILLM GUNSMITH THEEESONE OFF AW M PRiYERTY. APPLICANTS NRIES NWT I LL I NI 0' HEAL HEARING OFFICER APPROVAL THIS IDAI HAZARD REVIEW SITE ILRN FUCRD1ttNNOFR wa 9 EN _y{ RE`IEBED MO MD COOItI T IiNN 3 TIZZY „RCOW.MItY OEIORFCOROEO NS �T WOOF _ Ai PABE _ IN THE IITOIA CQUWY CLEAR AND IIECMDER 9 OFFICE. ADLq+HOn s4Y4a4 - _ ;I—IT Ni .+TY i€ "OFF-I M SURVEYOR'S CERTIFICATE 1. STDIEY LIMO I��ppE�. W NEFENY RTIFY THAT 1 W A IIE619}fiREO LAND SW YEYM IYOEA TIE LAWS OF TIE STATE DF C�M.IDO. tHAT iNl! fliF hM 19 A TRUE. COSSECT YD CO►LE(F 41 OF A 1011 INEMD R[VIEW AS SMYIN HESEM. tWT MID IITE PLM W YADE FRDY M ACCURATE SUIVEV O THEWAL pRppESTY DEYAIWED HEREON [Y YF AW 1f9ER w DI FELT VISION CORIIECTLY SHO16 11E LOMTIM AIO 011ENSION Of TIE TT AIO O THE wILDI MD EYLMLpPE Txls 9UYFY 13 LADE YO c( TD tYE Mar a w FAOWLFLR AID BFL IEF. ♦ti IM WITNESS KFEO I HAVE fFT YY NAND Aro SELL THIS k.-s- MY OF to Pl4nEry A.D.. MOl. ♦ TIIACi OF LASO SITUATED IN THE NEI /A MI7A MAN THE W114 =111 DF IBEEAC iolw &iTi S�lyfERLY OF THIS WMILYSNIGHTFa THE VVCTE�N' I PPIEEII NCIPLL THE OF THHEDMYSTRLLRIAR RAIL HIM ROAD) µ�EiNOTWWR�IM AF FOIL LMOF� BEGINNING At AA MINT DO THE S WITMRL/.1TDORRRIGHTOF MY LIVE OF SAID KIND FDA I TNENCEIS`3WIAp SAID EOREEII ]0' Ti 150 .04 FEET .q.O.WHET TERLT[RFEET OF NAY LIAE Di RA10 RRI LROOD. dENCE N ee OEO1Ef3 IP OO' R JV eb FEET TOR POINT IN THE CENTER CF 41D RpFI VER: TAW, N 32 CEOREeEeE H-W- E 151 03 FEE: S�OIFFOfETIE TTE MT jS.IDiER4 THEWIEEEOf NERID OEMEEN O]']0 E b RAILROAD. THE POINT OF BEGINNING. CONTAIMINO 1.075 RCRp� SS M OR LESS. NM EY THESE PRESENTS LAID WT, PLATTED 6lMIVIK TION M THE BME� Y[I. �IJUO NENTL DOE S HER IyI DEED ATER TO THE PIMLIC .ALNLLRIpRG-p'-M AM E`M�EOIEMTS SHOWN MME" FM PUBLIC USE EACUTED NIS 11 MY a D. 2W3. NILLIYI 0 MEK rA I II JDSEY RIO ASW IATEE LLP NOTART. PUBLIC CERTIFICATE STATE OF �f FDA AMASS IN THE OFFICE OF COUNTY DO, 1. THE INOIa' W 0 NEU- '"T NEFdIE 1E TNII MT O'NELL. PMTNEN. JOSEY UO IATE9 CUP. AIL CF OBi3 BY a1ULIM rv.l� WITIES w ITT CO EKP IRES b RD OF COUNTY COMMISSIONERS ACCEPTANCE FOR RECORDING THIS PLAT XA9 B N ACCEPTED F FDA AMASS IN THE OFFICE OF K�,� ��gg ,,I__,JN toll.9204: 1 rv.l� 1. VAL VISION EMNPTION FOR A COUNTY O'NEAL 1041 REVIEW, CONCEPTUAL SUBMISS ON A SUBIVISION COLORADO EXEMPTION FOR A LOT LINE ADJUSTMENT / N wT E 8 o� SCALE: V -410' CONTOUR INTERVAL - S' s10 to LEGAL DESCRIPTION -ACCESS EASEIENT A N (.o+ Id. a cur wrw.nl ru I. +he MEI /MEIy /4 Of Seclio. 0. Tern rhip IO 1011 h. R.i,en667E.f.alwh.eehRi de efp M E.I +w�y IS .Sr iMdN'y C. to redo. and lying . nr 11..: B.yin.iny .I o P...' en +he edge of . rwd 1 II1i .less. l+ sN '. .he +.e a Neu cop frond I. piss.. end ppr p.rly EarNe4 for rM'Ei+wFr Greer +. +h. N47'49' t 1 C., wr of raid 3. <+ieA 9 Mora N 7p 46'33'E 1573.77 lwr: Thw.. N 15'47'd'■ ) S'Q 40,74 f.e1: Ihu<. N 06' 17'71'• 11.90 lur: rhwc. N W42'46'E 14.57 fwl: Tu N 23.02'06'E 26.95 feel: +Mac. N 13. 22'24'• 21.52 fwr +o +M Nssiel of 4 G 4M L.T IM f i T 3 rr:a «rte` Ir 1v\ NI TNES{ COMM TO THE N01111rEST NMKI OF sEClION 0 Ac /f LINE KIM rl "-re"' « / sl].1' wee-.• � � ♦ • �AAA�.t 1e /% / saws.s. 0000r, A d / / r 1 ANYI 2. 22 AC. yy�N[L•rNl plyfy -� p / .m1 NKFtl M �• IM I VICINITY MAP dllsnA3.R+ 7 "-4.000' anc. Y. T.10 -S.r R.SB W. IT LEGAL DESCRIPTION - 1.41 AC PARCEL A1TIA T 11 1LRIIEMaT1 UAAII,IC IaAI'EMER IND`RI -' �TAENT ICgMTY.TCOL H011ADOI,LY 1X9TH. RACE jIM�T Of ML�LIN NaR 0.pIy3IET ^C(EPTIDIISXD.R IASLRO�YS T]Mp T�Y� .YS a us, RT1a l MANLYININES, 1RM 14 F4LONS: IS(AID�IiERN.�(CT a LMD CONNERI,T�o TT RIM Post lME9i0Up101I(I YE 'LADE ICA`SECTION RIY NES 23 CSRH �N.T16]] FEETMID X 14'11 -N IN].eS 6EEi: FEEyDF X RA•2Y'Dp- R 216.IA fEET YBRE DR LE36 TD TIE CENKX a 6A10 MYSTE3: NI Sd'R 51'00' E aI.303fEETRITE3� X TI`Sl'a F 14.24 FEEXTD TENCE N 11•]0'00' E 21P3 FEE? TIENIE pY�FA�IEa•io �`M XT�OIITESAio ON A cOrESE 9EMIK 5 a6'N'DD F F IE$TERLY RIGHT -OF -YY Llrt: TXEIKE S !S9 Oe' • NG, FEET NO 2.N SAID REWIRIE OILIYLE93,X.T -a -NAY LINE TR THE IOINT a EEDIIMN N6. CDXVAIN I NO 22 AEAES LEGAL DESCRIPTION - 4.89 AC PARCEL A TN-T a L,AIO R�TNIOED IN T NEI]. W114 PAID THE T aN IRIXRaE1VLL,f SECTION 9. TDNIISN TTMIME"Ey)�LY �1IONT a lAY LINE a WelOpLp CRTS KRO4YEMLRA�LROM AND EYT(KT a 1NE CETV IW . K3. SAO IN KIM IRiD AS FOLLONS: LEOAL DESCRIPTION - MADJUSTED PARC °` SECr IAttQI Y LAND SIl ,[EE[lo D 10 TIEMTIEE�IEA�1ii OF 11E aT'n11I IFEM IN",Liika -- D. iX K TIRLE,CRCRY'9t TAL'SE111*1Lf/A. D Ki No ON,D,,� 9' ASYLFOLLOWIS: MILIIORD ►FKfPMINI3N PONT 91 Rµ3TDa NY LF I�KE AND SAID rNOFE1Ln pp `pEgE1IEEItrEI1N0E[ @']e�-�,�. ]54.23 FEET T0�<�NT IN4,111E9CENTER INCE �a-�„21a� LX TO AfENif11ADFTM MID IIIWIs-T,,P,E NFSTFfA: 3 OM 2RRRO�LROM: T',EP,,' , 25 THE 'I 2 � IEB NNNNALO�"CO .RFypERL LINE aF�fAR IEO 1 96 M LESS. LEOEID t NOTES IN fws uw A u L,. "I o rEr NNE . er L,r. lul l ._ ....... ..... mE E e,A AXO No aiNRel. - - »HeHe L1K MMIM DI9, L I N3r5r 10 -E 14.34 IIIIn11WESN ,X91111f�IH113N11111RI11PMlp9 °p ^"r" •n u I I I E p I I I li f f I f I I I I I I I I s oogon I H' G LINIS IN SPA__ LAND SNNVEYA 1041 HAZARD REVIEW SITE PLAN FOR DAVID PITKIN COUNTY, COLORADO. VICINITY MAP PARKER LEOAL DESCRIPTION MN'T OF LAND DITUATED N irE HSI /A MI" AND IN, NWi /A SECI,?. 9 igR13NIP IO 904TH. IIAMM aD *, GF INF 6,' PN, me IERI DI AN LYING 43TEPlT CF THE REETENIV RIMi Of aRT lll( OF Wa OLD CAVBTAL RIFFI EAILIIOAD AID EASIEIILY OF THE C£HT£ALINE OF THE CRYSTAL AI VER. SAID TRACT NIPS Xli RED A5 FOLLOVS DEOIMNI ND AT A %"T ON MI aE'TE1LY It"N' OF RAV La Of SAID AND RFRORp11AlAY WRRED FORI TIE .I r*Sj NCM�(O�FATO TE INDIIILNEEES, TT p "N S IA 1pOErEF I57 so .vI".a FEE EALS4N to RRTFRLVERI®R R TT.ENOl NEIat IT.[ 3 FL F T TO T YRAi IE I) 1J! ?.DO A A POINTI IN E�t� 5m�FEE }S W Y L� t A'D ♦ OpAN IS ERIC Ti[ PAINT 6 EEOINNINS ITNfEIT I.TT NA. AIW OF INMESS AND EMESS VACO [oLMADD ITS IylR�ly (f IIISIN St AT, OF MONADC, SURVIYOR'S CXRTIFICATR 90NEY uNCICOIE. DO HERESY CERTIFY TMAT I AN A REGISIENE0 LAw SMVEYM UIDEA THE LANE OF THE STATE OF C0.MAD0. THAT ,NIS SITE PLAN IS A TSUF CORRECT AND CO VIE PLAT OF A IMI NAjANO IIEVIEa AS SHONA HEMEM. IIUT SAID SITE FLM "S. MA,, FROM M ACCURATE bORVEV OF THE HEAL tocit to RDPEllT OEa�I IIEO Fp{II TINE LO TIONN ANDAID DIIENSIONSSa TMO PWFRINTV ANSSEOF iME RST OF AITNVNALMEOOFTHHIS SELIEF. IE TRUE AID CORIIECT TO THE IN ai TMES5 MEAEOF I NAVE SET MY HAND AID KM 'N'S A., OF flWYW A . IW -I. - ic NY' 1 e /.Lb.pll1 �l LA'F4 BOARD OP COUNTY CO111MISSIFONSAG APPROVA THIS f:o � uMOiINDNVI ST TKSTPIT IDAVIO iY MAbAO [EY ry 1lS.IOKRa TN16 Icy, uT ac » NFRV nc III A�(aDp�LYrIM ID bM LOCaTEN IN 11 S OF yTFE CLEM MD RECDRSEII OF ♦ N COURTT. COLMRW IN yy ISSIF ITMI M CAIMNFS —mil- . 1041 HAZARD RZVIBM MARXINO �I INN�TALID S UIST THAT NIGHT FECi THE INOIER!V IEFokENSA IN usii AND WMYTAEREO APPLICMIIS MASS ACCRPTANCS FOR ASCORD1N0 gE �1lDANN AI 'L N IOO f wM r Mla I OF THIS W M 3M01" A " 4FlIDY ND ENi IlP1ia�A TiIF/iL��.;.T LROSND t NOTES YgEp NpY1 F t✓ l 9 �.� i I � �M'UIi E OFWMYIY EAIEI tt'[ nEfF! b�AF Rr YEN[ , eM[ALNf Y iT IffifE t•YM1 /I'ANY)/Y /I /tlY I ffYf lFA[I •I /•W i/N E MYI If[MNI 11 NM• M =V'� 4.) N wTE ,"P':. ,SCALE: d IN-20'ro CONTOURS INTERVAL 2 ' gpvp P I 19 I If P M q 9. IT LAt,S N SPACE ShXfY LAVC'LYf ( L.5 M TT) O S4NFd� T : tD -Pl ' -1tl' Ara SaM ATTACHMENT Existing Conditions with Slope Analysis; Scaled Aerial Photograph of Property -and- ATTACHMENT8 Proposed Activity Envelope Plan OOii636 ACTIVITY ENVELOPE REVIEW, PARCEL ID #2729- o92-oo -oo8 Page 17 �• x � • �" � � � ' • � ,� , 1 . yr• , ' a •J . ~ � � � �''� • � r� .may . - . - ^ ti . � �" • • x t 4� ��} ..141. x«'1.4 • � � 1 � L �1•�\�"y1.�, + � t.l, Y = #� _.. + "}tom ,'', i• " ... .i `..,_,'� �'fr►. . •' !'\it' �� .•�} '.� .:fib f\•' '/�I I # �7". AL ` � F �.,w. ♦ 1"' a '� .. t .t r nom' +s JL ! K ..S •r . .... .�`' - �•• .'' it -�� .. H�A.I ; • •�•`••, •_ .. 1f `•".•may,. M+ ~ R -V �♦ •'�•, •V, _ `'`•f• : - • � r � � pis.• xx� loft Alit de '••. s 71'+'x' r w • y� 1 a. r. . , . • 1L,. k � M1 �.' .. { p - • 1 • .. w� f � � ; • V :� 339 ��� 999 JlW UUDUJ N W+ E 3 o m W SCALE: 1 '.40' CONTOUR INTERVA. w THESS CORNER TO THE NORiHN oUJij YOUNGMAN LOT LINE ADJUSTMENT & ACTIVITY ENVELOPE SITE PLAN PITKIN CgUNTY , COLORADO LEGEND & NOTES • fpXlP RF1M A Uf 1. 9. 1411 I .....�. .. IRKS Of GRAVEL ROW AM DAIVENY - ACTIVITY ENVELOPE LINE ILMHE IN A7IYIT A MF N SHOWN H PEON ELEVATION 4i 1000' EVAN INWN . )GAO' LEGAL DESCRIPTION - 3.10 AC PARCEL A TRACT OF LANG SITUATED IN THE NEIH NWI /4 MDT THE NWI /4 NWI]4 OF SECTION 9. TGM SHIP 10 SOUTH. RANGE BB WEST OF THE 6TH PRINCI PAL NEW 101 AN LYING WESTERLY OF THE WESTERLY RIGHT OF WAY LINE OF OF ETHE CRYSTALLRIVER1. SAID TRACT BEINGTDESCROIBED THE ASCFOLESWS. NINO AN IPGN YOSTWWITHRAYBPd59TCRP IRNYPIAtE OF SAID PROPERLY MARKED FOR THE WITNESS CORNER TO THE NORTHWEST THENCE OF STADEGREE519'308E� SSO.DA FEETEAIONR THE WESTERLY2 RFONTT: OF WAY LINE OF SAID RAILROAD: THENCE N 68 DEGREES 1]'30' W JI).OB FEET TO a POINT IN THE CENTER OF SAID RIVER: LXENCE N 32 DEGREES 55'30' E 151.83 FEET ALONG THE CENTER OF SAID RIVER: THENCE N IB' 05'30'E 23. )3 FEET u0NG THE CENTER OF SAID RIVER: THENCE x 33' 58'00-E 61.50 FEET ALONG THE CENTER OF SAID RIVER THENCE S 64 DE1.EE,0 022THENCE 2125' 36fOGTWT251. 711 EEETNALHO THEE WESTERLY LINEAOF SAID RAILROAD TO THE POINT OF BEGINNING. CONTAINING 2,63 ACRES MORE OR LESS, DISCLAIMER ENVIRONMENTAL HA2A00 AREAS EXIST THAT MIGHT AFFECT THE PROPERTY, ANY IMPROVEMENTS AND THE USE AND OCCUANCY THEREOF. WAIVER ASEASROOUTSIDEROFFDESIGNATED N�APDSAREASOWILL BEYFREEAFROOMMEHAZARDSI.YOR�T T.4 APPROVED MITIGATION MEASURES WILL GUARANTEE THE SAFETY OF ANY PROPERTY. APPLICANT'S NNE+ PHILIP YOUNGMAN COMMUNITY DEVELOPMENT APPROVAL THIS ACTIVITY ENVELOPE SITE PLAN FDA YOUNGMAN HAS BEEN REVIEWED AAAM APPROVED BY THE PITKIN COUNTY COMMUNITY DEVELOPMENT DIRECTOR ISISU�IiCi TO TXi— TE161TiNR COHDIF7pN6VCF OADM IN STRATI ON DEiEPNINSTI0Hj1pPLAN RECORDED AT BOOR _ AT PAGE — IN THE PITKIN COUNTY CLERK AND RECORDER'S OFFICE PITKIN COUNTY COMMUNITY DEVELOPMENT DIRECTOR SURVEYOR'S CERTIFICATE I. SYDNEY L NCICOME. DO HEREBY CERTIFY THAT I AM A REGISTERED LAND SURVEYOR LICENSED UNDER THE LAWS OF THE STATE OF COLORADO. THAT THIS SITE PLAN IS A TRUE. CORRECT AND COMPLETE PLAT OF AN ACTIVITY ENVELOPE PLAN AS SHOWN HEREON, THAT SAID SITE PLAN WAS MADE FROM AN ACCURATE SURVEY OF THE REAL PROPERTY MSCRIBED HEREON BY ME AND UNDER MY DIRECT SUPERVISION AND CORRECTLY SNOWS THE LOCATION AM DIMENSIONS M THE PROPERTY AND OF THE BUILDING EST OF THIS BEL I SURVEY TRUE AND CORRECT TO THE IN WITNESS WHEREOF I HAVE SET MY HAND AND SEAL THIS DAY OF . A.D.. 20_. BY: SYDNEY LINCICOSE P.I.S. 11111 ACCEPTANCE FOR RECORDING IN'5 PLAT HAS BEEN ACCEPTED FOR FILING IN THE OFFICE OF TIE CLERK AND RECORDER OF PITKIN COUNTY. COLORADO ON THIS DAY Of A3 flECEPiION NOpD.. 20_ IN PLAT BOOK TT PAM CLERK AND RECORDER J/N` W"E VS D W SO . m SCALE: 10.100' YOUNGMAN ]LOT LINE ADJUSTMENT & ACTIVITY ENVELOPE SITE PILAN P II TK II N COUNT1Y B ADJUSTED YOUNGMAN PROPERTY DESCRIPTION TLRR[i O! LYO fIryATED HIE EI.ANGIA. YRI THE gIFNDII]. CF WE<Tlax v. DMYIir to fWTx. RERFRNRW ee Ert a 1NF mx MIKnYR,A1ELRImM Lrlre WTEARY Of THE CE IM Of THREE CR IT.... AS 111R� K1Nll DfeLT1ED Y IDLL0R4: KDIMIIND RT A POINT ON TE ESTFLLY RIGHT E xr `IK OF SAID RAILROAD SHOWS M IS. POST lx A MAHH W EMM IN AL AN PRWEALY WAMD FGA THE SI PRESS CMKR TO TE ZTAEST CRASH OF SAID MOTION P KA . 1!S' IA' I I'a B].P} MFr: MENM S ]I.5) ']0'A 50 04 FEET µpppp SAID EfTERLY 1 apHlpr TCFK rmMpNLIxE TO TAE TMIF NINr E KOIINI W: 150,04 FEET OB•H]']D'R ]I) OS CENTER 6lPIDFAIVEq THENCE NEd EI'% W ;E A•1.SOdiMT }YlgpS'HE INTFII OF LAID SAID RIP i RIKR. iKN3 S ..21 WE A., FEET i0 A r01N1 ON lHE CENTFRLIE OF ]110 GILROID: THENCE f ➢S']S'00'N ]5>.SS FETENI AL�LNMIE TK CFNM OF HIS RAILROb: THEE Hf•'i']M']p'�I.9O O�Of FET iC]iM6EfR1£ SPAR 9! CF SEIMNOF SAID N" MRIDADS IO.. EK OR Lt. STRIP TO HE ADDED TO YOUNGMAN PROPERTY DESCRIPTION r., OF LMO HlrwreD TK Kl raRla OF BEET SA v TOMM�IP 10 wNX. RAKE M NAT OF THE AIF AR IKI Pµ -:DA. LY IN MATERIAL' OF THE C4NTEAL�H OF THE 0.0 0"TAL AINR HRI LROAD. tA10'AYT NIN NHGIND Al EOIN11M0 AT A FDIMi pl TK ESifRt] RIOT N IY LIMf CF I'D RAILROAD NEEE M IRDII fWT NIM N MISS W FgMD M1RCF IN IRMtlLi WKED MOR TE SIINFYS CDAIfR TO TK NOREMEST CIMMER BF SIID SEEM". I SEARS SY 11' 11'. 1AM.PE FEEr: TNYV CE N ]5•d0'Po "E IN.]] FEET RUNG LID ESEERLY "AND MY LING: TEMF 8 FA'])'00'E $O.M FMl lD I IOIN ON 1NF CEMTERLIK OF SIID EAILAORD. TEMZ I }5•l''OD"S }5).SJ AT µ0N rK a.. DF BRIO MILRON: liNNfE S ]I.5]'JO'• ].]S FEET µ0N THE CENSER OF HIS PLA UOAO: E 410NEI0.L RORO: iXFNCE NFEJ4II$]P]U'E ISO.W FFELaiO THE' IOI .7OF EBIMIIN. CONTAINING 0 4 ACRE YORE OR LESS. FRED Ili IN GWNMT'11ACWOFIW RHOREi T b01H IA NT TNOE AT OF THE EYLF) N lI1LCi Of LYO HILWTEH TK R I/Agl/. N NOTION 9. LgNNl1 IO SWIM. RR1y� M EHL CF THE OIN MIK AL ERIDIM LYING NHl[RLY E 111E LEN)EILLIK 6 TIE MD "T. RIVER RAILROAD. LID TRACS LEARN MSUTAED AT FOLLDE: SHINNING AT A POINT ON TE EHTflLLY MART OF PAY LIPS OF LIO R).1LRDap M% AA RM POET SI lx A BMHS GF FOAAN1 IN ILKE µE IRONER] NNNED FCP 1NE PITKM CWFA TO AT MI CMNFII K LIO NCi1W H MMt N 1H' 4' I'PI .0} FEET: IE.KE x }S•JH DE.E .15A.)) FEET µONO 41D WilliALY RIMY Cf OY LIK: TWICE H HA'it'00'E b.00 i TO A ADID ON THE CENTERIE E SAD GIUOAD. 1KNES 1 FMi µptl TE CRAM E LIO 0IAIUORO: TEKF H ]I.5]']0'P Ad.)H FEET µ4N4 TE (ENTER E AM RAIUGD' TfNCE N HH'1]'b'S SO.HI f£fi TO A POINT ON THE ESTVAL RIW) OF LY LINE E LIO RA nA.ID TH:NCF x A1•S]'b'E SO.a rMr TO ME ro INS E NOIAW,w CONTAINING 0 4Y ACE WE OR LESS, THE HOMING TRACT H NN CONTAINS t4.01 hM$ WE M LESS CMKR TO M GORKA ]EC. 9. . A. SA 1. E IHE 0,A P.Y. 0000 e O 4 �O �O 4e WP / G / WM LOT LINES W /8 LOT LIK REIN AWVSTO. / / 14. 0. AC f/- L.�. V4 / ]] KY TALK BW N/Ul LINE T 1 / LEGEND AND NOTES ® FONT "I w AACC Am PM�K MEADOWS FflRUM+X'WJ.' JOBS IN PUT PLAT G 14 AILD TI<C A MM ]J ARE HTILL IN 6FEQ. LIK HOMING DISTANCE LI !.1.9'0.'. v].W' L} NIS•W'bI SO.W' L J N SJ...'E I.." VIICIINIITY MAP SCALE: I"= 2000 SITE SEC. 9, T.10 S., R.88 W., 6th P.M. CERTIFICATION OF DEDICATION AND OWNERSHIP uNan FFL ilwL[c�R RQi'ILHNrx.YIOaN'i1L1'�IrxI AW f4WNµ0'fFNDAIJ.'IgIHOR iK Kai u E! TW xFEiEaliluEHiYLE w:rtiEDYNINaAMNtYK b W{ aNE M mlf nxl ENFdrEP Ixil DRY DF A.D. 1. STATE 0 U"N' caxn a 1. DRY n Mn NOS tl Ol WA ADVISER. EEFpE E Txa .1 SARSl 11 Mi NIREA IGIn 9fµ v71 Rix u�i IT6F� !IA)E OF C4OPFL01'B. .Y, OR P. _ OEWIN INtrNYEIIi Ny ACVOIFII® MEOW P. -M LLC AT A cDo I10AIM VDIVEl FiF C �Bfµ T 1'11.11 DISCLAIMER ENVIRONMENTAL HAZARD AREA EXIST THAT MIGHT AFFECT THE PROPERTY. ANY IMPROVEMENTS AM THE USE AND OCCUPANCY THEREOF. WAIVER THE PROVISI OHS OF THE5E REIRILATIONS DD MT IN ANYWAY ASSURE OR IMPLY THAT AREAS OUTSIDE OF DESIGNATED HAZARD AREAS WILL BE FREE FROM HAZARDS. OR THAT APPROVED MITIGATION MEASURES WILL GUARANTEE THE SAFETY OF ANY PROPERTY. APPLICANT COMMUNITY DEVELOPMENT APPROVAL THIS ACTIVITY ENVELOPE SITE PLAN FOR CREEPER HAS BEEN REVIEWED AM APPROVED BY THE PITNIN COUNTY COMMUNITY DEVELOPMENT DIRECTOR T415 DAY OF Z0� APPROVAL OF TH16 ACTIVITY ENVELOPE SITE PLAN IS SU6JEC TO TNCTEWL;-RHO MITI ONS OF ADMI NI6TPAT ION DETEPYIIUTION N0. RFCOPOEp AT BOON _ AT PAGE _ IN THE PITNIN C=ATY CLERK AM RECORDER'S OFFICE, PITKIN COUNTY COMMUNITY DEVELOPMENT DIRECTOR SURVEYOR'S CERTIFICATE I. SYDNEY LINCICOIE. DO HEREBY CERTIFY THAT I AM A REGISTERED LAND SURVEYOR LICENSED UNDER THE LAWS OF THE STATE OF COLORADO. THAT THIS SITE PLAN IS A TRUE. CORRECT AND COMPLETE ACTIVITY ENVELOPE SITE PLAN AS SHOWN HEREON. THAT SAID SITE PLAN WAS MADE PROP AN ACCURATE SURVEY OF THE REAL PROPERTY KSCRIBED HEREON BY ME AM UNDER MY DIRECT SUPERVISION AND CORRECTLY SHOWS THE LOCATION AM DIIENSIONS OF THE PROPERTY AM OF THE BUILDING ENVELOPE. THIS SURVEY IS RITE AM CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF. IN WITNESS WHEREOF I HAVE SET MY HAND AND SEAL THIS _ DAY OF A.D.. ]0_. SYDNEY LIKICONE P.L.S. 14111 ACCEPTANCE FOR RECORDING THIS ACTIVITY ENVELOPE SITE PLAN HAS BEEN ACCEPTED FOR FILING IN THE OFFICE OF THE CLERK AND RECORDER OF PITKIN COUNTY. COLORADO ON THIS -DAY OF 20_ A,D. IN PLAT BOOR _ AT PAGE _ AS RECEPTION AND. CLERK AND RECORDER T DUSTMEN A C L'' I /'NT♦A S�r C. g.� c.10�,5R.. .8 W Br LAE5 //• aJW AGh SYMEY LACCOAlF (L.S 14 1 l 1) %QO.WOOD.It£ CA.B➢POML CG PAI>PU.785P 9AEEll0T1 b)E 0.E0.L1YES .PCME' f • 150' .m A6' UO. l'V0000 Evelyn A. Ziegler Attorney At Law 224 Datura Street, Suite 1311 West Palm Beach, Florida 33401 (561) 832 -7496 Fax(561)832 -7453 Board Certified Criminal Lawyer June 26, 2013 Michael Kraemer, Planner Community Development Department 130 South Galena Street Aspen, Colorado 81611 RE: Permission to Represent Dear Michael, Please consider this letter as authorization for Tom Newland of Newland Project Resources, Inc. to represent us in the processing of our application for a Subdivision Exemption for a lot line adjustment on our property located on Dorais Way (State Parcel ID# 2729 - 092 -02 -002). Mr. Newland is hereby authorized to act on our behalf with respect to all matters reasonably pertaining to the aforementioned application. Should you have any questions, or if we can be of any assistance, please do not hesitate to contact me. 006041. ust A■m 26 2012 FRI 01:35 R9 EVELVIJ EGLER FA' Mo. 5E1 632 1453 ■�■■■ i '■ ■ ■ EVELVN A. ZIEGLER, ESQUIRE 328 Banyan Boulevard, Suite J West Palln Beach, Florida 33401 Telephone: 561- 832 -7496 Fax: 561-832-745,1 FACSIMILE COVER SHEET DATE: TO: FAX NO.: FROM TOTAL PAGES SENT: 3 INCLUDING COVER SHEET MESSA : ( ORIGINAL SENT VIA MAIL ( ) ORIGINAL NOT SENT *rte PLEASE NOTE - CONFIDENTIALITY WARNING 1'1* aACivtr, rtcvin uwut,vautets UIV IJ I;IC ,AYI'LICA.ALE LAFY. If the reader of this message is notthe intended recipient or the employee of agent responsible for delivering the message to the intended recipient, you are hereby notified that any dissemination, distribution or copying of this connnurlicalion is strictly prohibited If you have received this com ill uttication in error, please notify us immediately by telephone, and return the original message to us at the above address via the U.S. Postal Mail Service, Thank you for your cooperation. G J_1 1 0 P. 0 0'., SEP -28 -2012 ERI 01:38 PM September 28, 2012 EVELYN ZIEGLER VIA FAX AND US MAIL Mr. Tom Newland P.O. Box 4815 417 Original Road, Unit B Basalt, Colorado 81621 PA/ No 561 832 7453 Evelyn A. Ziegler Attorney At Law 328 Banyan Boulevard, Suite J West Palm Beach, Florida 33401 (561) 832 -7496 Fax (561)832 -7453 Mr. Mike Kraemer Pitkin County Community Development 1.30 South Galena Street, Aspen Colorado 81611 RE: Youngman Activity Envelope Review (CASE# P076 -12; PID 2729- 092 -00 -008 Dear Mr. Newland and Mr. Kraemer, I am writing to assert the property rights of the Nicholas J. Ziegler Living Trust in regards to this project. If you review the site plan you will notice a strip of land between the project's land and the access road. The Nicholas J. Ziegler Living 'gust owns that strip of land. Furthermore, the road leading to this property is actually a private road owned by The Nicholas J. Ziegler Living Trust. Any access to the property would have to be through our land. Furthermore, pursuant to conversations had with prior owners and would -be developers of this neighboring site, there is no access to electric without again going through our land. We, the Nicholas J. Ziegler Living Trust, are reasonable and good neighbors. We will be glad to participate and hopefully come up with reasonable 0000:x;3 P. 002 SEP-28 -2012 FRI 111:38 PM EJELYdJ 7IEGLER FAX No 561 832 1453 P. 003 solutions to the issues presented by this project. No one has to date contacted us with suggestions or offers. So I would object to any further progress on this project until these issues are resolved. inc ly your , i of Nicholas J. Ziegler Living Trust 0 00 1�4 Evelyn A. Ziegler Attorney At Law 328 Banyan Boulevard, Suite J West Palm Beach, Florida 33401 (561) 832 -7496 Fax(561)832 -7453 September 28, 2012 [fl/ =0�1f IIWTIM Mr. Tom Newland P.O. Box 4815 417 Original Road, Unit B Basalt, Colorado 81621 Mr. Mike Kraemer Pitkin County Community Development 130 South Galena Street, Aspen Colorado 81611 RE: Youngman Activity Envelope Review (CASE# P076 -12; PID 2729 - 092 -00 -008 Dear Mr. Newland and Mr. Kraemer, I am writing to assert the property rights of the Nicholas J. Ziegler Living Trust in regards to this project. If you review the site plan you will notice a strip of land between the project's land and the access road. The Nicholas J. Ziegler Living Trust owns that strip of land. Furthermore, the road leading to this property is actually a private road owned by The Nicholas J. Ziegler Living Trust. Any access to the property would have to be through our land. Furthermore, pursuant to conversations had with prior owners and would -be developers of this neighboring site, there is no access to electric without again going through our land. We, the Nicholas J. Ziegler Living Trust, are reasonable and good neighbors. We will be glad to participate and hopefully come up with reasonable 0 Ju 9tl.r) solutions to the issues presented by this project. No one has to date contacted us with suggestions or offers. So I would object to any further progress on this project until these issues are resolved. 1 tyour , of Nicholas J. Ziegler Living Trust 0OU"046 P0. Box 4815 417 Original Road Unit B Basalt,CO 81621 Phone (970) 927 4645 Fax (970) 927 0196 tomn@sopris.net August 7, 2012 Mike Kraemer Pitkin County Community Development Department 130 South Galena Street Aspen, CO 81611 RE: ACTIVITY ENVELOPE REVIEW, PARCEL ID #2729 - 092 -00 -008 Dear Mike: Please accept this letter as my clients' request to obtain Activity Envelope approval for his property, located on Dorais Way north of Redstone. Any request for an Activity Envelope approval must provide a summary letter explaining the request, background information on prior approvals and permits, and shall address compliance with the Code Sections listed within the Pre - application Conference Summary. BACKGROUND INFORMATION The property is about 2.63 -acres in size and is located between Dorais Way and the Crystal River. The property consists of two benches of land separated by a short hillside. The lower bench is adjacent to the Crystal River and is comprised of wetland areas and riparian vegetation. Some of the lower bench also contains the 100 -year floodplain for the Crystal River. The upper bench consists primarily of an open field historically used for the pasturing of horses. Some woody plants, such as native mountainous shrubs, small cottonwoods and aspen are also present on the upper bench. The hillside between the two benches consists of dry cobbled soil and is covered with upland vegetation species. No riparian vegetation is present on the slopes until the lower bench is reached. Slopes on the upper bench are all less than 30% with the exception of one small area near the road. The property is currently vacant with no structures other than fencing. The property has received previous land use approvals. Land use approvals were granted for the property in 1996, 2002, and 2007. The plats and resolutions for these approvals are included as ATTACHMENT 6. Vesting for these previous land use approvals has expired. Land Use Planning • Permit Expedition • Project Management • Owner's Representative • Information Management 0oU001 0;3Lf This application seeks to regain the Activity Envelope approval granted in 2007. All of the conditions of approval attached to the 2007 approval are acceptable to the property owner. LAND USE CODE SECTIONS TO BE ADDRESSED Attached to this letter as required by the Pre - application Conference Summary (ATTACHMENT 1) please find the following materials, documents and information: Sec. 2- 30- 20(g): Activity Envelope Criteria for Approval As evidenced by the contents of this letter and attachments, we feel that this application complies with the Activity Envelope Criteria as set forth in Section 2- 30- 20(g): ATTACHMENT 1: Pre- Application Conference Summary Sheet ATTACHMENT 2: Consent from the owner of the property for Newland Project Resources, Inc. (NPRI) to represent them and to process the land use application. ATTACHMENT 3: Disclosure and proof of ownership of the property complying with Subsection 5- 70- 020(D) of the Land Use Code. ATTACHMENT 4: Street address and parcel description, including legal description, and an 8 -1/2 "x 11" vicinity map locating the subject property within Pitkin County. ATTACHMENT 5: Executed Pitkin County Community Development Agreement for Payment of Land Use Application Fees form. ATTACHMENT 6: Previous land use approvals for the property. ATTACHMENT 7: A site plan that shows the existing conditions on the site, topography, access and physical features. The 100 -year floodplain for the Crystal River is as depicted on Flood Insurance Rate Maps (FIRM) for Pitkin County, developed by the Federal Emergency Management Agency (FEMA), for the National Flood Insurance Program (NFIP). Also included is a scaled aerial photograph of the property showing the high water line and limits of riparian vegetation on the property. ATTACHMENT 8: Draft Activity Envelope Plat prepared in accordance with the requirements of Subsections 7 -10 -50 of the Pitkin County Land Use Code and Section 2.2.1 of the Pitkin County Land Use Application Manual. Section 7- 10 -50: Activity Envelope In summary, we are proposing the designation of an Activity Envelope for all uses on the property. The Activity Envelope proposed is identical to the one approved in 2007. It is our intent to provide an adequate area for all of the allowed uses by right within a designated activity envelope. These uses include agricultural uses, private recreational uses, yard and landscape improvements, Water and Septic system improvements, fences (subject to setback requirements) and structures for irrigation or water diversion. Placement of structures (i.e. single - family home, building accessory to the primary use) will be subject to the setbacks as shown on the Drafty Activity Envelope (ATTACHMENT 8). ACTIVITY ENVELOPE REVIEW, PARCEL ID #2729- 092- oo -oo8 000002 Page z We feel that the Activity Envelope as proposed will allow the activities and development to comply with provisions of the Land Use Code and Comprehensive Plan, as it avoids the "constrained areas" located on the property. The Activity Envelope is of adequate size to contain the proposed residential uses. It is acknowledged that upon approval of the Activity Envelope, any and all applicable local, state or federal permits required to conduct development activities will be obtained prior to initiation of construction. It is also acknowledged that all areas located outside of the approved Activity Envelope will not be disturbed and that construction fencing shall be placed around the perimeter of the Activity Envelope prior to initiation of construction. Section 7- 20 -20: Steep and Potentially Unstable Slopes The Existing Conditions drawing contained within Attachment 7 delineates the slopes within the Activity Envelope. The Proposed Activity Envelope has been situated so that it is free of slopes greater than 30 %. The proposed Activity Envelope is set back 10 -feet from the top of the steep area going down to the river (see Attachment 8). Section 7- 20- 20(e): Additional Standards - Grading It is our intention to show compliance with the additional standards of this section during Site Plan approval. With respect to grading, we commit to the following: • The original, natural grade within the Activity Envelope shall not be raised or lowered more than four feet , provided that said natural grade can be changed up to seven -feet if retaining walls are utilized; • Grading for accessory building pads is not anticipated however, if proposed during Site Plan review, such a building pad will not be proposed on slopes greater than 20 %; • Where grading, excavation or filling is required, slopes of 25% (4:1) will be placed where practicable and these slopes will not exceed 50% (2:1). Slopes between 25% and 50% will conform to the requirements of Section 7- 20- 20(e)(4)(c). • All cut, filled or graded slopes shall be re- contour to the natural, varied contour of the surrounding terrain. • If retaining walls are utilized, the guidelines and standards for retaining walls will be followed. Section 7- 20 -30: Water Courses and Drainage (a) The Activity Envelope has been situated so that development shall be compliant with all criteria of this section. (b) No encroachment or channeling of a river, stream, intermittent stream, pond, wet meadow, or wetland will occur on the property. (c) The activities and development proposed for the property will provide for maintenance of historical flow patterns; will not impede the flow of natural water courses; and shall provide adequate drainage for all low points. Drainage system design and maintenance will account runoff from the proposed development, and the drainage and stormwater management will utilize best management practices (BMPs) to insure unpolluted discharge into water bodies. (d) The development will be designed not to introduce contamination into the ground water. (e) Irrigated areas will not adversely affect the adequacy of water supply or the exercise of existing and decreed irrigation water to irrigated fields. (f) Irrigation ditches are not present within the Activity Envelope and as such, all provisions regarding access, leakage prevention, and flooding /seepage avoidance are not applicable. ACTIVITY ENVELOPE REVIEW, PARCEL ID #2729-092-00-008 000003 Page 3 (g) Provisions of this section regarding sedimentation shall be followed (sediment control during construction, sedimentation and revegetation). This shall be addressed to the County's satisfaction during Site Plan approval. (h) Potential impact to water quality shall be mitigated through adherence to required setbacks (Section 7- 20 -80) and compliance with all state and federal regulations. The aerial photograph included within Attachment 8 delineates the high water line and riparian limits of the Crystal River as it passes by the property. The proposed Activity Envelope has been situated to comply with the Minimum setbacks being at least 100 -feet from the high water mark and at least 50- feet from riparian vegetation associated with the Crystal River. No impact to the maintenance of stream classifications will occur because of development within the Activity Envelope. (i) Compliance with Efficient Water use shall be evidence during Site Plan review. 7- 20 -60: Wildfire Hazards - Mapped Medium Wildfire Hazard Area We agree to abide with and conform to all of the standards applicable to the Medium Wildfire Hazard Area, including those for defensible space; access; roofing materials, vents and projections; maintenance and miscellaneous requirements. 7- 20 -70: Wildlife Habitat According to the Wildlife mapping available at the Community Development office, the property is considered "Winter Range" for elk. In addition, the following wildlife areas are located in the general area: A mapped Winter Concentration Area of Elk is located approximately 4,000 -feet (0.75 miles) north of the property; A mapped Winter Concentration Area for Bighorn Sheep is located approximately 6,000 -feet (1.1 miles) north of the property; A mapped Bighorn Sheep Production Area is located approximately 4,000 -feet (0.75 miles) east of the property on mountain ridges approximately 2,000 vertical feet above the property. As the property is located within elk winter range, dogs shall be kenneled within 50 -feet of the residence or leashed under human supervision when outside of the kennel. Because the property is between 0.75 - 1.1 miles from elk /bighorn sheep winter concentration areas and a bighorn sheep production area, general buffers and dog prohibition should not be applicable. 7 -20 -130: Landscape and Vegetation Protection The purpose of this code regulation is to preserve existing vegetation on development sites to the maximum extent consistent with the permitted development; to ensure that specific types of man made improvements are screened from view in order to preserve the rural character of the County; and to prevent the use of landscaping in ways that would compromise the rural character of the County. The criteria are as follows: (1) PROTECTION OF NATURAL VEGETATION In order to protect the rural character of Pitkin County, natural vegetation should be preserved to the maximum extent practicable, and any installed landscaping shall use the species plant materials naturally occurring on the site or on neighboring properties (except for flower gardens). The natural vegetation within the Activity Envelope consists primarily of field and pasture grasses with sparsely located mountain shrubs, cottonwoods and aspen (less than 5" diameter ACTIVITY ENVELOPE REVIEW, PARCEL 0 #2719- ogz- oo -oo8 00000A Page y at breast height). All existing vegetation shall be preserved to the maximum extent possible, and new vegetation proposed for the development will utilize naturally occurring species and shall be shown on a landscape plan submitted during Site Plan approval. (2) CONFORMANCE WITH WILDFIRE REGULATIONS In the event the provisions of this Sec. 7 -20 -130 conflict with any provisions of Sec. 7 -20- 60, as those requirements may be varied by a wildfire expert approved by the County, the provisions of Sec. 7 -20 -60 shall govern. All activities required for conformance with wildfire regulations will be followed. (3) BERMS Berms may be incorporated into any required landscaping, buffering, or screening area, provided that the County determines, during the development approval process, that the proposed berms will not cause drainage or erosion problems. No installed berm shall have a slope of greater than four -to one (4: 1), nor a height greater than four (4) feet above grade. No berms are currently proposed for the property. However, if berms are proposed during the Site Plan Review, they will conform to the above stated criteria. (4)LANDSCAPE ENCLOSURES Landscaping shall not be used to mark or enc lose the boundary of a parcel, or to privatize an otherwise public viewplane. Use of indigenous shrubs or trees to enclose a portion of the property immediately surrounding a dwelling, barn, and /or accessory buildings (as opposed to the entire property or a large area of the property) are permitted if made to resemble similar windbreaks located near older properties in Rural Areas of the County. No landscape enclosures are currently proposed for the property. However, if any enclosures are proposed during the Site Plan Review, they will conform to the above stated criteria. (5) VISIBILITY CLEARANCE All landscaping shall be installed and maintained so that it does not interfere with the ability of drivers to see nearby traffic at the intersection of any driveway with a public road, or at the intersection of two public roads. Visibility clearances will be maintained at the driveway. Conformance with this clearance requirement will be shown on landscape plans and driveway plans submitted to the County. (6) UTILITY EASEMENTS Whenever the provisions of this Sec. 7 -20 -130 would require the installation of trees or shrubs over or on utility easements, where branches or roots might interfere with utility lines or pipes, the required location for such trees and shrubs shall be modified to require installation at the closest location that would avoid potential conflicts with utilities and would enable the trees and shrubs to serve the same landscaping purpose. No utility easements encroach upon the proposed Activity Envelope. (7)FINANCIAL SECURITY The Community Development Department may require financial security in a form ACTIVITY ENVELOPE REVIEW, PARCEL ID #2729 - 092 -00 -008 Page 5 000005 acceptable to the County Attorney to ensure completion of installation of all required landscaping and /or successful establishment of plants. Financial security shall be submitted if required during the development permit approval process. (8)MAINTENANCE All plants shall be maintained continually in a healthy condition in accordance with generally accepted professional horticultural standards and practices. Within areas required to be landscaped with installed plant materials, plants that die or are unhealthy shall be replaced. Landscape areas shall remain free of weeds, litter, junk, rubbish and other nuisances and obstructions. Maintenance of planted vegetation is in the best interests of the property owner and will be conducted after planting is complete. Required Landscaping in Rural Areas: (1)Landscaping is required for the following purposes: (I) to screen satellite dishes and other telecommunications equipment when located within five hundred (500) feet of adjacent public roads and visible from such roads, and (ii) to screen parking areas and service areas when viewed from adjacent public roads, (iii) where necessary to comply with the standards of Section. 7- 20 -70, 7- 20 -80, or 7 -20 -120, and (iv) to revegetate disturbed areas. (2) Landscape treatments shall cluster shrubs and trees into groupings similar to those naturally occurring on the site or neighboring sites, shall use indigenous species of shrubs and trees, and shall not be installed in regularly spaced lines or rows, unless more specific provisions of Sections 7- 20 -70, 7- 20 -80, or 7 -20 -120 require a different treatment. The above stated landscaping criteria for rural areas will be utilized within the landscape plans for the property. The landscape plan will be submitted for approval as a part of the Site Plan review. SUMMARY Based on the information submitted in this letter, we believe that the proposed Activity Envelope is in compliance with all applicable standards of the Land Use Code and is consistent with the representations made during the original review of this property for development. Thank you for considering this request. If you have any questions or requests for additional information, please contact me at 927 -4645 or tomn(a)sopris.net. Sincerely, Tom Newland, Newland Project Resources, Inc. ACTIVITY ENVELOPE REVIEW, PARCEL ID #2729 - 092- oo -oo8 000006 Page 6 ATTACHMENT 1: ATTACHMENT 2: ATTACHMENT 3: ATTACHMENT 4: ATTACHMENT 5: ATTACHMENT 6: ATTACHMENT 7: ATTACHMENT 8: ATTACHMENTS Pre - application Conference Summary Owners Consent to Represent Disclosure and Proof of Ownership Address, Legal Description and Vicinity Map Pitkin County Community Development Agreement for Payment of Land Use Application Fees Previous Land Use Approvals Existing Conditions and Scaled Aerial Photograph of Property Draft Activity Envelope Plan ACTIVITY ENVELOPE REVIEW, PARCEL ID #2729 - 092 -00 -008 OOuu;'7 Page 7 ATTACHMENT 1 Pre - Application Conference Summary Sheet PITKIN COUNTY PRE - APPLICATION CONFERENCE SUMMARY LOCATION: Doris Way (1 mile north of Redstone) PID #: 2729 - 092 -00 -008 OWNER: Phil Youngman ZONE: AR -2 REPRESENTATIVE: Tom Newland PHONE and EMAIL: 618.9922 tomnLa�sopris.net DATE: August 7, 2012 PLANNER: Mike Kraemer, 920.5482 Type of Application: Activity Envelope Review. Description of Project/Development: The Applicant is requesting approval of an Activity Envelope to construct a single family residence. 1041 Hazard Review Approval was granted pursuant to 51 -2002. Since then vesting has expired for the 1041 approval and the Applicant is subject to new code requirements. Specifically the streamside setback from the Crystal River has increased to 100' since the adoption of the new Code on July 6. Land Use Code Sections to be addressed in letter of reauest ( application): Sec. 2- 30- 20(g): Activity Envelope Criteria for Approval; Sec. 7- 10 -50: Activity Envelope; Sec. 7- 20 -20: Steep and Potentially Unstable Slopes; Sec. 7- 20 -20(e) 2 -10: Grading; Sec. 7- 20 -30: Water Courses and Drainage; Sec. 7 -20 -130: Landscaping and vegetation Protection. Sec. 7- 20 -60: Wildfire Hazard — Mapped Medium Wildfire Hazard Area; Sec. 7- 20 -70: Wildlife Habitat; Staff will refer the application to the following agencies: Crystal River Caucus, Carbondale Fire District, and CDOW. Review by: Community Development Director Public Hearing: No. The Applicant shall post a public notice sign on the property at least 15 days prior to the date specified for the Administrative Decision pursuant to Sec. 2- 20- 100(a)(3) of the Land Use Code. In addition, the Applicant shall mail notice (by certified mail) to all adjacent property owners and mineral estate owners 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 hearing. A property owner receiving the public notice shall have 2 weeks from the date the notice was postmarked to submit comments or objections the Community Development Department. FEES: (make check payable to " Pitkin County Treasurer ") ■ Planning Office flat fee: 81IS (non - refundable; based on 10 hours of staff time; if staff review time exceeds 12 hours, the Ap icant will be charged for additional time above 10 hours at a rate of $231 /hour) 13, Id D o Public Notice Fee: kS 0 z/4 ACTIVITY ENVELOPE REVIEW, PARCEL 0 #2729- ogz- oo -oo8 0OU008 Page 8 To apply, submit 4 copies'of the following information, unless noted otherwise: 1. Summary letter explaining the request, providing background on prior approvals and permits, and addressing compliance with the Code sections listed above. 2. 24" by 36" Activity Envelope as designated in Section 2.1.1 of the Pitkin County Land Use Application Manual; 3. Previous Land Use Approvals (if applicable); 4. Proof of ownership of subject property; 5. Parcel description, including legal description and vicinity map; 6. Total fee for review of the application; 7. Signed fee agreement (1 copy); 8. List of all adjacent property owners and mineral estate owners (I copy) 9. Copy of this preapp form (1 copy) NOTES: ➢ PLEASE SUBMIT ONE UNBOUND AND ONE -SIDED COPY OF YOUR COMPLETE APPLICATION. PLEASE SUBMIT TWO -SIDED COPIES OF ALL REMAINING COPIES OF YOUR APPLICATION (IF POSSIBLE). THE PARCEL IDs SHOULD BE INCLUDED ON ALL DOCUMENTS INCLUDED IN YOUR APPLICATION. ➢ ALL MAPS SHALL BE FOLDED. ➢ This pre- application conference summary is advisory in nature and not binding on the County. The information provided in this summary is based on current zoning standards and staff's interpretations based upon representations of the applicant. Additional information may be required upon a complete review of the application. ACTIVITY ENVELOPE REVIEW, PARCEL 0 #2729 - 092- oo -oo8 000009 Page 9 07/20/2012 10:JB 2564250018 . MAILPRO PAGE 02/02 Phillip Youngman 2716 Treybume Ln Hampton Cove, AL 35763 July 20, 2012 Mr. Michael Kraemer, Planner Community Development Department 130 South Galena Street f spen, CO $1611 l iE: AUTHOPUA7YON TO REPRESENT Dear Michael; i'lease consider this letter as authorization for Tom Newland of Newland Project ttesources, inc. to represent me in the processing of land use approvals for my prop ty located on Dorais Way, Pitkin County, Colorado (SPID # ;72009200008). Mr. Newland is hereby authorized to act on my behalf with espect to all matters reasonably pertaining to the aforementioned applications. :3incerely, :)hii Youn an 000010 ATTACHMENT 3 Disclosure and proof of ownership of the property complying with Subsec. 5- 70- 020(D) ACTIVITY ENVELOPE REVIEW, PARCEL ID #2729-092-00-008 Page ii 0 -uU11 ALTA Owner's Policy (6- 17 -06) POLICY OF TITLE INSURANCE ISSUED BY stewwt title guaranty company Any notice of claim and any other notice or statement in writing required to be given the Company under this Policy must be given to the Company at the address shown in Section 18 of the Conditions. COVERED RISKS SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B AND THE CONDITIONS, STEWART TITLE GUARANTY COMPANY, a Texas corporation, (the "Company ") insures, as of Date of Policy and, to the extent stated in Covered Risks 9 and 10, after Date of Policy, against loss or damage, not exceeding the Amount of Insurance, sustained or incurred by the insured be reason of: 1. Title being vested other than as stated in Schedule A. 2. Any defect in or lien or encumbrance on the Title. This Covered Risk includes but is not limited to insurance against loss from (a) A defect in the Title caused by (i) forgery, fraud, undue influence, duress, incompetency, incapacity, or impersonation; (ii) failure of any person or Entity to have authorized a transfer or conveyance; (iii) a document affecting Title not properly created, executed, witnessed, sealed, acknowledged, notarized, or delivered; (iv) failure to perform those acts necessary to create a document by electronic means authorized by law (v) a document executed under a falsified, expired, or otherwise invalid power of attorney (vi) a document not properly filed, recorded, or indexed in the Public Records including failure to perform those acts by electronic means authorized by law; or (vii) a defective judicial or administrative proceeding. (b) The lien of real estate taxes or assessments imposed on the Title by a governmental authority due or payable, but unpaid. (c) Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land. The term "encroachment" includes encroachments of existing improvements located on the Land onto adjoining land, and encroachments onto the Land of existing improvements located on adjoining land. 3. Unmarketable Title. 4. No right of access to and from the Land. 5. The violation or enforcement of any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to (a) the occupancy, use, or enjoyment of the Land; (b) the character, dimensions, or location of any improvement erected on the Land; (c) the subdivision of land; or (d) environmental protection if a notice, describing any part of the Land, is recorded in the Public Records setting forth the violation or intention to enforce, but only to the extent of the violation or enforcement referred to in that notice. 6. An enforcement action based on the exercise of a governmental police power not covered by Covered Risk 5 if a notice of the enforcement action, describing any part of the Land, is recorded in the Public Records, but only to the extent of the enforcement referred to in that notice. 7. The exercise of the rights of eminent domain if a notice of the exercise, describing any part of the Land, is recorded in the Public Records. 8. Any taking by a governmental body that has occurred and is binding on the rights of a purchaser for value without Knowledge. Countersigned: 7stew�t title guaranty company Authorized Countersignature Senior Chairman oft a Board Agent ID: 067301 Serial No.: 0- 9301 - 995604 ALTA OWNER'S POLICY 6 -17 -06 If you want information about coverage or need assistance to resolve complaints, please call our toll free number: 1- 800 - 729 -1902. If you make a claim under your policy, you must furnish written notice in accordance with Section 3 of the Conditions. Visit our World -Wide Web site at www.stewart.com. OODU12 ALTA OWNER'S POLICY (6/17/06) SCHEDULE A Name and Address of Title Insurance Company: Stewart Title Guaranty Company P.O. Box 2029 Houston, Texas 77252 -2029 Prepared by: Colorado Regional Production Center Title Officer: Linda Williams Order Number: 939979 Date of Policy: December 20, 2010 at 10:44 AM (or the date of recording of the insured deed, whichever is later) Amount of Insurance: $410,000.00 *Address Reference: TBD Dorais Way Redstone, Colorado 81623 1. Name of Insured: Philip Youngman and Cheryl Malone Policy Number: 0- 9301 - 995604 Premium: $574.00 2. The estate or interest in the land that is insured by this Policy is: Fee Simple 3. Title to the estate or interest in the land is vested in: Philip Youngman and Cheryl Malone 4. The land referred to in this policy is described as follows: See Attached Legal Description *FOR COMPANY REFERENCE PURPOSE ONLY, NOT AN INSURING PROVISION ALTA Owner's Policy — Schedule A Page 1 of 2 Policy Typist: lkr 0ON— A rjstelw r * tma guerenty company ALTA OWNER'S POLICY (6/17/06) SCHEDULE A LEGAL DESCRIPTION A tract of land situated in the NE1 /4NW1 /4 and the NW1 /4NW1 /4 of Section 9 Township 10 South, Range 88 West of the Sixth Principal Meridian lying westerly of the westerly right of way line of the Old Crystal River Railroad and easterly of the center line of the Crystal River, said tract being described as follows: Beginning at a poiht on the westerly right of way line of said railroad whence an iron post with a brass cap found in place and properly marked for the Witness Corner to the northwest corner of said Section 9 bears North 58 °14'11" West 1482.92 feet; thence South 31 °57'30" West 150.04 feet along the westerly right of way line of said railroad; thence North 68'17'30" West 317.06 feet to a point in the center of said river; thence North 32 °55'30" East 151.83 feet along the center of said river; thence North 48 °05'30" East 231.73 feet along the center of said river ;thence North 33 °58'00" East 61.50 feet along the center of said river; thence South 64 °22'00" East 216.14 feet to a point on the Westerly line of said railroad; thence South 25 °38'00" West 254.77 feet along the Westerly line of said railroad to the point of beginning. COUNTY OF PITKIN, STATE OF COLORADO *FOR COMPANY REFERENCE PURPOSE ONLY, NOT AN INSURING PROVISION ALTA Owner's Policy — Schedule A Page 2 of 2 Policy Typist: Ikr 00UU4 ALTA OWNER'S POLICY (6/17/06) Order Number: 939979 SCHEDULE B Exceptions From Coverage Policy Number: 0- 9301- 995604 This policy does not insure against loss or damage (and the Company will not pay costs, attorney's fees or expenses) which arise by reason of: 1. Rights or claims of parties in possession, not shown by the public records. 2. Easements, or claims of easements, not shown by the public records. 3. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the title that would be disclosed by an accurate and complete land survey of the Land and not shown by the public records. 4. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the public records. 5. Unpatented mining claims, reservations or exceptions in patents, or in acts authorizing the issuance thereof. 6. Water rights, claims or title to water. 7. All taxes for 2010 and subsequent years, which are a lien not yet payable. 8. The effect of inclusions in any general or specific water conservancy, fire protection, soil conservation or other district or homeowners association or inclusion in any water service or street improvement area. 9. Right of the proprietor of a vein or lode to extract and remove his ore therefrom, should the same be found to penetrate or intersect the premises hereby granted, as reserved in United States Patent recorded May 18, 1894 in Book 55 at Page 46 as Reception No. 34624. 10. Right Of Way granted unto Public Service Company of Colorado as set forth in instrument recorded May 12, 1959 in Book 187 at Page 242 as Reception No. 107989. 11. This policy does not insure title to land comprising the shores or bottoms of rivers and is subject to any build up or loss of property along the Crystal River caused by the processes of accretion and reliction, or caused by man made changes in the flow of water or in the course of the river bank or river channel; also subject to the free and unobstructed flow of the water of said river, and recreational or other use thereof. 12. Restrictive Covenants as set forth in Deed recorded July 13, 1969 in Book 249 at Page 428 as Reception No. 141311. ALTA Owner's Policy Schedule B -1 [�\%�/�'�� • Page 1 of 2 —we g--*y c„p" 0000.5 ALTA OWNER'S POLICY (6/17/06) 13. Board of County Commissioners of Pitkin County, Colorado, Resolution No. 96 -306 granting approval of the Parker 1041 Hazard Review and General Submission, recorded December 12, 1996 as Reception No. 399980. 14. Resolution No. 174 -2000 of the Board of County Commissioners of Pitkin County, Colorado, recorded October 12, 2000 as Reception No. 447847. 15. Easements, rights of way, and conditions as shown on the Dodds, Andrew 1041 Review Plat recorded May 24, 2001 in Plat Book 57 at Page 82 as Reception No. 454807. 16. Determination No. 50 -2002, approving a Subdivision Exemption for a Lot Line Adjustment to the Josey & Associates L.P. and Dillon & Wiley Inc. by the hearing officer of the Community Development Department of Pitkin County, Colorado, recorded January 17, 2003 as Reception No. 477484. 17. T Josey & Associates /O'Neal 1041 Hazard Review and Conceptual Submission, Determination No. 51 -2002 of the hearing officer of the Community Development Department of Pitkin County, Colorado, recorded January 17, 2003 as Reception No. 477485 and re- recorded January 29, 2003 as Reception No. 478015. 18. Easements, rights of way, and all matters as shown on the O'Neal 1041 Review, Conceptual Submission & Subdivision Exemption for a Lot Line Adjustment recorded December 10, 2003 in Plat Book 67 at Page 99 as Reception No. 492248. 19. Determination No. 046 -2007, Approving the Sanford Activity Envelope by the Community Development Director of Pitkin County, Colorado, recorded June 7, 2007 as Reception No. 538643. ALTA Owner's Policy Schedule B -I Page 2 of 2 ODUcJ�6 I vV `e —Me guamyty comp" ENDORSEMENT ATTACHED TO AND MADE A PART OF POLICY OF TITLE INSURANCE SERIAL NUMBER 0- 9301 - 995604 slq) rpany HER EIN CALLED THE COMPANY Order Number: 939979 Charge: $150.00 The Policy is hereby amended by deleting Paragraph(s): 1-4, inclusive, of Schedule B: This endorsement is made a part of the policy and is subject to all of the terms and provisions thereof and of any prior endorsements thereto. Except to the extent expressly stated, it neither modifies' any of the terms and provisions of the policy and any prior endorsements, nor does it extend -the effective date of the policy and any prior endorsements, nor does it increase the face amount thereof. Signed under seal for the Company, but this endorsement is to be valid only when it bears an authorized countersignature Cosigned: \ �-�stewzo-wt 4S,,,, title guaranty company (f2�, , Authorized Countersignature hairman oft a Board Stewart Title Roaring Fork Division Chairman of the Board 60 South 8`h Street, Suite 101 Carbondale, Colorado 81623 Phone: 970 - 704 -1000 Fax: 970 - 704 -0205 President Agent ID: 067301 Serial No. E- 9851 - 3826874 000017 Form 110.1 Deletion of Exception(s) Endorsement NIP ATTACH MENT 4 Street address and parcel description, including legal description, and 8 -1/2 "x 11" vicinity map locating the subject property within Pitkin County ADDRESS No address has been designated for the property. The property is located 1 mile south along Dorais Way north of Redstone Blvd. See ATTACHMENT 3 Above. LEGAL DESCRIPTION - VICINITY- MAP - ACTIVITY ENVELOPE REVIEW, PARCEL ID #2729 - 092 -00 -008 0001 018 Page 13 ATTACHMENT Executed Pitkin County Community Development Agreement for Payment of Land Use Application Fees form PITKIN COUNTY COMMUNITY DEVELOPMENT DEPARTMENT AGREEMENT FOR PAYMENT OF LAND USE APPLICATION FEES PITKIN COUNTY (hereinafter COUNTY) and (hereinafter APPLICANT) AGREE AS FOLLOWS: 1. APPLICANT has submitted to COUNTY an application for (hereinafter, THE PROJECT). 2. APPLICANT understands and agrees that Pitkin County Ordinance No. 011 -2005 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 $ 1,344.00 which is based on 6 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. 17T #N I ►[K111KIM Cindy Houben, Community Development Director Effective 5/25/05 ACTIVITY ENVELOPE REVIEW, PARCEL ID #2729 - 092 -00 -008 OUlJ0.1. 7 APPLICANT i9nat -1 Tom Newland January 30, 2007 c/o Phil Youngman 2716 Treyburne lane Hampton Cove, AL 35763 Page iy ATTACHMENT 6 Previous Land Use Approvals ACTIVITY ENVELOPE REVIEW, PARCEL ID #2729 - 092 -00 -008 Page 15 ODUU20 Page: 86� 7e9 JPNICE K VOS CAWILL PITKIN COUNTY CO R 0.00 D ADMINISTRATIVE DECISION OF THE COMMUNITY DEVELOPMENT DIRECTOR OF PITION COUNTY, COLORADO, APPROVING THE SANFORD ACTIVITY ENVELOPE Administrative Decision No4*2007 RECITALS 1. Tracey and Dana Sanford ( "Applicant") have applied to the Community Development Director of Pitkin County ( "Director") to establish an activity envelope for a single family residence. 2. The parcel contains 2.63 acres and is conforming in size in the AR -2 zone district.. 3. The parcel is located on Dorais Way, north of Redstone, and is more specifically described in Exhibit A. 4. The application was received after July 6t°, 2006 and therefore is reviewed pursuant to the 2006 Land Use Code ( "Code "). 5. The parcel was legally created prior to 1972. The BOCC granted 1041 hazard review and general submission approval pursuant to Resolution No. 96 -306; the 1041 site plan was recorded in Plat Book 42 at Page 36. The vested rights for this approval expired in 1999. The Hearing Officer granted a new 104I hazard review and conceptual submission approval pursuant to Determination No. 51 -2002; a lot line adjustment was also approved. The lot line adjustment plat and site plan were recorded in Plat Book 67 at Pages 99 -100. The vested rights expired in 2005. 6. The Director finds that the proposed activity envelope is consistent with the applicable requirements of the Code, as follows: A. The activity envelope avoids slopes in excess of 301/6. B. The wildfire hazard is rated as medium, and can be mitigated pursuant to the provisions of Sec. 7- 20-60.c of the Code. C. The activity envelope is located within mapped elk winter range, where development is permitted pursuant to Sec. 7- 20 -70, subject to mitigation. D. The activity envelope complies with the 100' stream setback and avoids the 100 year floodplain. APPROVED by the Director, subject to the following conditions, which shall run with the land and be binding on all successors in interest: 1. The Applicants shall adhere to all material representations made during the application process. 2. Prior to submission of any building or other development permit applications, the Applicant shall be required to submit for approval an application for Site Plan Review, pursuant to Secs. 2 -30 -20 and 7- 10-50 of the Code. The parcel is within the mapped Scenic View Protection Area, and, therefore, the Applicant shall demonstrate compliance at Site Plan Review with the standards in Sec. 7- 20 -120.d and the rural character guidelines for building location in Sec. 7- 20 -120.e of the Code, in addition to all other applicable criteria. 000021 Aadm i 2 trative Decision No.a 2007 I II(II I� III 538fi �3 09:14 JANICE K Ves CAUDILL PITKIN COUNTY CO R 0.00 D 0.00 3. Prior to submission of the Site Plan Review application, the Applicant shall be required to submit for approval by the County Attorney and Community Development an Activity Envelope Plan in accordance with Land Use Code Section 2- 30 -20(g) and Application Manual Section 2.1.1. The above referenced approvals shall be a condition precedent to finalization and recordation. The Activity Envelope Plan shall also incorporate the following changes: .A. Amend the signature block from "Hearing Officer" to "Community Development Director." 4. At Site Plan Review, the Applicant shall provide an analysis of whether or not an additional setback from the river bank for structures is warranted to maintain the integrity of the riparian features on the site. This may include development of a detailed site specific riparian delineation and/or an analysis of the structural stability of the river bank conducted by competent professionals. 5. Prior to submission of aseptic permit, the Applicant shall provide sufficient documentation to the Environmental Health and Natural Resources Department to establish that the well meets: (1) setback requirements, (2) the County's minimum requirements for an adequate water supply, and (3) the County's ISDS Regulation minimum requirements for adequate water quality. 6. Prior to issuance of a building permit, the Applicant shall: A. Obtain an access permit for the driveway, which shall be approved by the Planning Engineer and the Community Development Department. B. Obtain a fireplace/woodstove permit from.the Community Development Department, if necessary. C. Submit a site specific drainage and erosion control plan prepared by a qualified engineer or geologist for review and approval by the Planning Engineer_ D. Pay the applicable road and employee housing impact fees. E. Obtain a septic system permit from the Environmental Health and Natural Resources Department. The sewage disposal system must be designed by a registered professional engineer and shall be located within the approved activity envelope. F. Submit a construction management plan for review and approval by the Planning Engineer. 7. The parcel is exempt from the Growth Management up to 5,750 square feet of floor area. 8. The Applicant shall comply with the following standards for Development in a Medium Wildfire Hazard Area: A. Defensible Space: The area around all buildings/structures, limited by property boundaries that may limit a property owner's ability to comply with this section, shall incorporate landscaping with wildfire defensible space considerations as follows (note: actual vegetation manipulation to meet these conditions may not be necessary where the natural vegetation patterns have already fulfilled these conditions): Brush, debris and non - ornamental vegetation shall be removed within a minimum ten -foot (101) perimeter around all structures. O�uU22 - 1111111MINN loll 538643 papa: 3 of 7 Administrative Decision No. 2007 e6/07 /2007 09:14 Page 3 JANICE K VOS CAUDILL PITKIN COUNTY CO R 0.00 n 0.00 2) Vegetation shall be reduced to break up the vertical and horizontal continuity of the fuels at a minimum of a thirty (30) foot perimeter around a structure built on flat ground. (For greater slopes, reference the CSFS Safety Zone chart in Wildfire Guidelines For Rural Homeowners, which provides general guidelines that may be modified by a wildfire expert acceptable to the County). 3) Spacing between clumps of brush and vegetation up to the thirty (30) foot perimeter shall be a minimum of two (2) times the height of the fuel. Maximum diameter of the clumps shall be equal to the height of the fuel. All measurements shall be from the edges of the crowns of the fuel. 4) All branches from trees and brush within the thirty (30) foot perimeter shall be pruned to a height of ten (10) feet above the ground with removal of ladder fuels from around trees and brush. 5) Tree crown separation within the thirty (30) foot perimeters shall have a minimum of ten (10) feet between the edges of the crowns, except for mature stands of aspen trees where ladder fuels have been removed. In areas of aspen regeneration, understory shrubs and down and dead materials shall be removed. 6) All branches that extend over the roof eaves shall be trimmed and all branches within fifteen (15) feet of chimneys shall be removed. 7) The density of fuels up to a one hundred (100) foot perimeter of the structures shall be reduced where natural reduction has not already occurred. 8) All deadfall up to a one hundred (100) foot perimeter shall be removed. 9) No new conifer trees shall be planted within ten (10) feet of a residence. 10) No flammable mulches shall be placed within two (2) feet of a residence. 11) The property owner shall be responsible for the continued maintenance of the defensible space vegetation requirements. B. Roofing Materials: Class A covering or Class A assembly as defined by the currently adopted Building Code. No wood shakes or shingles. All other adopted Building Code compliant methods and materials permitted. Roofs with less than a 3:12 pitch are not permitted unless they comply with the following: l) All roof coverings shall be constructed of non - combustible materials and installed on a Class A roof assembly. 2) Al l roof coverings shall have a surface that shall facilitate the natural process of clearing roof debris. 3) 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 pitch 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. C. Roof Venting: 1) Soffit venting shall be located in the outer 1 /3rd portion of the overhang. 2) Attic, soffit and other roof venting shall be of non - corrosive metal mesh with maximum 'A" openings. 00'U023 538643 0 es Administrative Decision N D 0.0 w N* 14 Pa Q JiWICE K VOS Cf1UDILt PITKIN COUNTY CO R 0.a8 D. Projections at the Roofline, including Soffits, Rafters, Porch or Deck Roofs, Fascias, or Other: Sheath with non - combustible materials, or cCombustible materials underlain with 518" Type X gypboard or equal, or minimum 4x6 rafters with 2x T&G decking. E. Decks, Decking, Cantilevered Floors, or Other Projections Below the Roofline: Minimum 6x6 posts, 6x10 beams, 3x8 joists, 3x decking, and 2x railings, or equivalent log construction. • F. Maintenance and Miscellaneous Requirements 1) Roofs and gutters shall be kept clear of debris. 2) Roof vents shall be screened with corrosive resistant wire mesh, with mesh one- fourth ('/4) inch maximum. 3) Any outbuilding shall adhere to the same wildfire requirements. 4) Yards shall be kept clear of all litter, slash and flammable debris. 5) All flammable materials shall be stored on a parallel contour a minimum of fifteen (15) feet away from any structure. 6) Weeds and grasses within the ten (10) foot perimeter shall be maintained to a height not more than six (6) inches. ') Firewood/wood piles shall be stacked on a parallel contour a minimum of fifteen (15) feet away from the structure. 8) Swimming pools and ponds shall be accessible by the local fire district. 9) Fences shall be kept clear of brush and debris. 10) Wood fences shall not connect to other structures. 1 l) Fuel tanks shall be installed underground-with an approved container. 12) Propane tanks shall be buried, if possible, or installed according to NFPA 58 standards and on a contour away from the structure with standard defensible space vegetation mitigation around any aboveground tank. Any wood enclosure around the tank shall be constructed with materials approved for two (2) hour fire - resistive construction on the exterior side of the walls. 13) Each structure shall have a minimum of one ten (10) pound ABC fire extinguisher. 14) Addresses shall be clearly marked with two (2) inch non - combustible letters and shall be visible at the primary point of access from the public or common access road and installed on a non - combustible post. 15) Utilities shall be extended underground. 9. The Applicant shall comply with the following measures to mitigate impacts to wildlife: A. Dogs shall be kenneled within 50' of the residence or leashed under human supervision when outside of the kennel. B. Native vegetation shall be maintained outside of the activity envelope. C. Trash/garbage shall be kept in an approved bear resistant container or enclosure, pursuant to the County's Wildlife Protection Ordinance. Verification of compliance shall be provided prior to issuance of a certificate of occupancy. D. Fencing outside of the activity envelope shall comply with the following wildlife fencing standards: 1) Wood fencing shall employ three rails or less, be the round or split rail type, shall not exceed 0000-24 IIII II� IIII I� IIII I�II� nl��l III I II IIII I 1 538643 Page: 5 of 7 05/07/n 7 09:14 Administrative Decision NoIN�2007 JANICE K VOS CAUDIIA. PITKIN COUNTY C4 R 9.00 D 0.00 Page 5 48 inches in height above ground level and 12 inches in width (top view), and shall have at least 18 inches between two of the rails. 2) Wire fencing shall consist of no more than 3 strands of smooth wire and shall not exceed 42 inches in height. 3) All non - conforming Fencing on the property must be brought into compliance. E. Avoid fruit-bearing trees and shrubs in any landscaping. F. Horse grazing is prohibited on the lower bench of the property. G. Horse hay shall be fenced with 8' high mesh game -proof fencing. H. Construction shall be prohibited from December 1 through March 31 10. No development including grading, excavation, fill placement, berming, landscaping, vegetation removal or disturbance, well or septic system shall occur outside of the approved activity envelope, except as necessary to comply with the wildfire mitigation measures described above. 11. Prior to commencement of any earthmoving or other construction activity, the Applicant shall stake the corners of the activity envelope and install construction fencing around the construction site within the perimeter of the activity envelope. The fencing shall remain in place until issuance of a Certificate of Occupancy. 12. All areas disturbed by construction shall be re- vegetated with native shrubs and grasses within one growing season of the project's completion. 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. 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 2010. 15. 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. 000U2 5— Administrative Decision No. 062007 I I�III fl�Il III IIIIII 11111 III �If11 IIII �11 088// 71 07 09:14 Page 6 JANICE K YOS CAUDILL PITKIN COUNTY CO R 0.09 D 0.00 APPROVED by the Director, this 451. day of ftl�) 2007. PUBLISHED AFTER ADOPTION FOR VESTED REAL PROPERTY RIGHTS in the Aspen Times Weekly on the !f7 day of 2007 Alt. X1.4" M Cindy Houben, Community Development Director PID11272909200009 P017 -07 00OU26 ALTA OWNER'S POLICY . EMMIT"A" A tract of land situsted� rnti ,x South,. Range 8$--�W%a' 41' tact baimi" --4 bran cap I said Sectic feet alone 254.77 fbet'iaa - COUNTY OF PMUN STATE OF COLORADO W4 of Section 9 Township 10 ifeflY Of the westerly right of way 4inc. of the Crystal River, said W 9cc an iron post with a bm 10 the northwest comer of 31-57'30- West 150.04 68-1730- West 317.06 151.83 feet along the �W- the center OfSaidriVer Mob W.W.- &TSWART T=LZ GUARANTY COMPANY 000027 AC7r4rYEA4WL0PE REVIEW PARCEL fD #2729492-00008 if I1111111f till III gill I 7 :14 . . . . . . . y. JANICE AUDILL PITK IN COUNTY CO R 6.60 D 0.00 &TSWART T=LZ GUARANTY COMPANY 000027 AC7r4rYEA4WL0PE REVIEW PARCEL fD #2729492-00008 O'NEAL 1041 REVIEW, CONCEPTUAL SUBMISSION & A SUBDIVISION L/'w EXEMPTION FOR A LOT LINE ADJUSTMENT PITKIN COUNTY, COLORADO LINES IN SPACE LAND SUAVEY6 OU -0-0L. r ` C &RTIFICATION OF DEDICATION AND OWNERSHIP KNOW ALL MEN BY THESE PRESENTS THAT DILLON AND WILEY. INC. BEING THE OWNER OF CERTAIN LANDS IN PITKIN COW". DESCRIBED AS FOLLOWS: A TRACT OF I " SITUATED IN NEI /4NW1 /4 OF SECTION 9. TOWNSHIP 10 SOUTH. RANGE 'AS 'A REST OF TIE 6TH PRINCIPALEEMERIDIAN. PITKIN CpS�TNETY. COLORADO, LYING RREEIGHT'- OFY- WATYAATiIITppHEL INE OF TTTOpHE E OLb CRYSTAL R1YEN'RAI ROADY A�IIDTNHEORT NLPYLOF A L OF gMORE 0$ OFCINLARPIT DESCRIBED CLERK AND S RECORDER! ISAID BTRACT OF LAND BEING OF T!ff AS PQSi WIITH ATBRAS$ POINT C�AW�POFOUND INEP1 .��RAND PPROPERLYY AR FORK THE WITNESS FEET: THENNCE NN68T'03'30�NE3R4�33FEETSEMpRE OR9LESSRTONTFSrtE�pNE$NTEA OFIE3p29 9Q -RIVER; 'T5.30' E 2FHfNCE SAID RIVER CENTERLINE ON THE Y E�EEN233'54 FEET: 00' FOTFEIK FEET: THEN D RIVER CENTERLINE ON A COURSE GEARING S 66'36'00' E FOR 226.00 FEET TO A POINT ON SAID WESTERLY AIONT -OF -WAY LINE: THENCE S 25'38'00' N 745.00 FEET ALONG SAID WE T LY AIBNT -OF -WAY LINE TO THE POINT OF BEOI MiI MG. CONTAINING 3.78 ACRES MORE OR LESS. HAS BY THESE PRESENTS LAID OUT. PLATTED AND IV901 VIDEEyDL[TIE SAYE INTO LOTS AND BLOCKS AS SHOWN ON THIS PLAT UNVER SU�IVIISION NAME EXEMPTION FOR OA LOT LINE IADJUS ADJUSTMENT' AIM) CONCEPTUAL HERESY DEDIICCATEA TO THE PUBLIC ALL RIGHTS- OFWAYY AND EASEMENTS SHOWN HEREON FOR PUBLIC USE. EXECUTED THIS 12 DAY OF � —W 7P. D. 2003. • jj WILLIAM 0' iBNT D /LLON AND WILEY. INC. NOTARY PUBLIC CERTIFICATE STATE OF 13 ). 5. colwTr of ). T MG lN37RUMENT WAS ACKNDIILEDGED BEFORE ME THIS I& DAY OF�00 BY WILLIAM O'NEAI. PRESIDENT. D#LION t WILEY. INC. NOTA 2A DISCLAIMER 1041 ENVIRONMENTAL HAZARD AREAS EXIST THAT MIGHT AFFECT THE PROPERTY. ANY IMPROVEMENTS AND THE USE AND OCCUANCY THEREOF. WAIVER THE PROVISIONS OF THESE REGULATIONS DO NOT IN ANYWAY ASSURE OR IMPLY THAT AREAS OUTSIDE OF DESIGNA -ED HAZARD AREAS WILL BE FREE FROM HAZARDS. OR THAT APPROVED MITIGAT N MEASURES WILL GUARANTEE THE SAFETY OF ANY PROPERTY. APPLICANTS' NAMES. O'NEAL I LL AN O'NEAL HEARING OFFICER APPROVAL ppT�HIS 1041 HAZARD REVIEW SITE PLAN FOR OLAND" HAS BEEN DEVELOPMENT REVIEWED AND APPIOVED tOF IT1EATERAIS CONDITY T. ITK IN_C4NXHTY��COO RMIIY SR 194441 IS SVB' CT ONS OF BOOK _ AT PAGE _ IN THE PITKIN COUNTY CLERK AND RECORDER'S OFFICE. A6c¢1PHon yt4i8QN4 _ P, TRIM COUNTY HEARING OFFICER 7�" SURVEYOR'S CERTIFICATE I. SYDNEY LINCICOIE. 00 HEREBY CERTIFY THAT I AM A 9E0I STERED LAID SURVEMYpp IGYYDmEERR THE LAWS OF THE STATE OF COLORADO. THAT THIS SITE PLAN IS A TRUE. CORRECT AND COMPLETE PLAT OF A HMI HAZAIRO REVIEW AS SHOWN HEREON. TMAT SAID SITE PLAN WAS MADE fAOM AN ACCURATE SURVEY OF THE REAL PROPERTY DESCRIBED HEREON BY ME AND UNDER MY DHRECT SUPERVISION AND CORRECTLY SHOWS BUILDING ENVEL� THIS { IS�TRUE A D CORRECT To THERE BEST OF MY KNOWLEDGE AND BELIEF. �rA IN WITNESS WHEREOF I HAVE SET MY NAND AND SEAL THIS V DAY OF P -gar . A.D.. 200..L— BY I'W'u'f SRTiF GGErvix I�CATION OF DEDICATION AND OWNERSHIP KNOW ALL MEN BY THESE PRESENTS THAT .NOSEY AND ASSOCIATES LLF. BEING THE OWNER OF CERTAIN LANDS IN PITKIN COUNTY. DESCRIBED AS FOLLOWS A TRACT OF LAND SITUATED IN TILE NEI 14 MW 114 AND THE NWI 14 NWI 14 OF SECTION 9. TOWNSHIP 10 SOUTH. RANGE DI WEST OF THE 6TH PRINCIPAL MERIDIAN LYING WESTERLY OF THE WESTERLY RIGHT OF WAY LINE OF THE OLD CRYSTAL RIVER RAILROAD AND EASTERLY OF THE CENTERLINE OF THE CRYSTAL RIVER. SAID TRACT BEING DESCRIBED AS FOLLOWS: BEGINNING WAATI�T A POINT ON THE WESTERLY RIIGGHT OF WAY LINE OF SAID PR AD �OPEALY MMYED FOR IRON HE WI TMEbSTCOR11fA TO THIE NORTHWEST CORNER OF SAID SECTION 9 BEARS N 58 DEGREES 14'11 - W 1482.92 FEET: THEM S it D€OREfib 97'30' W 150.04 FEET ALONG THE WESTERLY AIGHT OF WAY LINE OFF SAID R51L AD: THENCE N 68 DEGREES 17'30' W 317.06 FEET TO A POINT IN THE CENTER OF SAID RIVER: THENCE N 32 DEGREES 55'30' E 151.83 FEET ALONG THE CENTER OF SAID RIVER: THENCE 5 68 DEGREES 03'30' E 314.23 FEET TO A POINT ON THE WESTERLY L.NE OF SAID RAILROAD. THE POINT OF BEGINNING. CONTAINING 1.075 ACRES MORE OR LESS, HAS BY THESE PRESENTS LAID OUT. PLATTED AND SUBDIVIDED THE SAKE INTO LOTS AND BLOCKS AS SHOWN ON THIS PLAT UNDER THE NAIE AND STYLE OF 'O'MEAL 1041 REVIEW. CONCEPTUAL SUBMISSION d A SUBDIVISION EXEMPTION FOR A LOT LINE ADJUSTMENT- AND DOES HEREBY DEDICATE TO THE PUBLIC ALL RIGHTS -OF -WAY AND EASEMENTS SHOWN HEREON FOR PUBLIC USE. EXECUTED THIS 11 DAY OF � .D. 200. WILLIAM O'NEAL. PARTNER JOSEY AND ASSOCIATES LLP ROTARY PUBLIC CERTIFICATE STATE OF 1. ONADO _T THIKS �-sh IN PLAT BOO I )Sf. COUNTY OF I. T W INS$TRUMENT WAS ACKHOWL£DOED BEFORE ME THIS � DAY OFFSS�003 BYOWWIILLLIIAAM, O'NEAL. PARTNER. JOSEY AND ASSOCIATES LLP. MY fTNEES MY AIREEEI AV ' 'WEAL 1041 RENEW. CONCEPTUAL. 5LBM NOFA t OF COUNTY COMMISSIONERS APInGVAL THIS PLAT OF 'O' I REVIEW. CONCEPT MENT' LOT LINE ADJUST It IEWED AN BOARD OF COMMISSIONER THI DAY OF APPROVAL OF THIS PLAT 16 SUB RTECO�D I TIONSOTHA�TKINN COUN L U CONSTRICTION OF SUCK ROADS N CONPL TIDNS AND THE BOARD OF COMIISSIOHE SYSTEMS. OR ANY SE ACIL11 TIES. ACCEPTANCE FOR RECORDING 00017 �I VISION EXEMPTION FOR A £ PITKIN COUNTY 200_. N OFSROADSESSACCEFTED SUBJECT T E' -A14CE OF SUCH ROADS ONLY AFTER Au :E WITH PITKIN COUNTY SFEC' CA- IL "D TO UTILITIES. WASIE DISPOSAL THIS P`AT HAS 6 EN ACCEPTED FOR FILING IN THE OFFICE OF ERK AND R D �tEP F ITKIM COUNTY4-L A.D.. ONADO _T THIKS �-sh IN PLAT BOO I 'A,7PLt AT A43E AS C P ION NO. CLERK IM R c R —'�' CL .. ' 'WEAL 1041 RENEW. CONCEPTUAL. 5LBM SION d, E: RPTION FOR A 1 492248 8el.ns � Al:,JLJVkCW. PITi(N {II:NTI(. CO. rc s> LNES .N SPACE SYDNEY Lit COAC ( L. S. 14 O'NEAL 1041 REVIEW, CONCEPTUAL SUBMISS EXEMPTION FOR A LOT LINE ADJUSTMENT LEGAL DESCRIPTION - ACCESS EA$EWIENT A 14 foot side acceAs eosomeat situated in the NEI /4NW1/4 of Section Q. T0,.ship 10 South. Range 88 We,t of the bth Priacipol ridian. Pitkin County. Colorado. and lying Leven 171 feet oa each tide of the follo.ing deteribed celtta•rline' road of Wit t ud 1 n loss .hence o lamas r n the ed • of a P Begianiny at o porn o g cop {ouRd is place and pproperlyWar�ed for tM WitResa Corner to the Northeett Corner of said SecTion 9 bears N 70 46'33'W 1535.73 feet: tMace N 15.47'49`1 40.74 feet: the.co N 06.17.31-W 11.90 foot: thence N 08.42'48'E 12.57 feet: thenc. N 23.02'06'E 26.95 feet: thence N 13.22'24-W 21.52 feet to the IsIAI of Terwlnul. WITNESS CORNER TO THE NORTHWEST CORNER OF SECTION 9 000029 N W+ E 8 0 20 40 60 MY SCALE: V -40' CONTOUR INTERVAL - 2' . el' NE. LOT LINE H _ N & A SUBDIVISION \._ PITKIN COUNTY, COLORADO 2. 22 AC. */- fRPTIC 1q - �/ 1/ v 1 , ,, SEE 1L IWa1ND aFFI THE � ye TO/ OF DANK 1 J ! r �_ LpOD�WIM Y 151 ra£L.pTp[rp iLP -NICE NIB7 E ► 1�T1(IN�COk=TY /eStyNI LDIM i1WWL01'E Is lo• iO Tor OF BA.K l 2. 6S AC1. 4 / r � \ }B LOT LINE REIN. ADJUSTED,. G` J 977.4' 6.•.Y..rk -7-; TOr OF 8"K \1 10 FT. FROM TOP OF BANK Jil Oe . Room IIIE OF 1 AariH 0 LEGAL DESCRIPTION - 2.22 AC PARCEL A TRACT OF LAND SITUATED IN NEI /4NW1/4 OF SECTION 9. TOWNSHIP 10 SOUTH. RANGE B8 tIEBT Of THE 8TH PRINCIPAL YERIOIAN. PITKIN COUNTY. COLORADO. LYING EASTERLY OF fIE CENTER OF TIE CRYSTAL RIVER. WESTERLY OF TIE WESTERLY RIGHT-OF-WAY LINE OF THE 01.0 CRY6TAL RIVER RAILROAD. AND NORTHERLY OF A Tti$A EC RD3 QF TIESTRRE(N7 (�I N{ RF�CEPTE'ORIRI RE13CORDER. SAID TRACTTOF ALL LAN OF IN rEIN6 IIORf PART iQIILAALY DESCRIUD AS FOLLOWS 6EAININ NO AT A POINT ON SAID WESTERLY RIGHT -OF -WAY LINE WHENCE AN IRON POST W1 TH A BASS CAP FO11MD IN PLACE AND PROPERLY YARNED FOR THE WITNESS UORINER TO tj NORTHWEST CORNER 9F SAND SECTIg4 9 REARS 5 25'38 00'W 254.77 FEET AND N $6'14'11 -W 1462.02 FEET: �151 TO C=E% N NIS 'ASBT'llEtla IONG�SATS RII TV�NNTE3 NNE QC�HE,FZOWI NTG 11 30'00 £ 215.27 FEET: THEIICE LEAVIl19 SA"' % VIER CENTERLINE ON A COURSE REARING S 88'38'00' E FOR 228.00 FEET TO A POINT ON SAID WESTERLY RIONT -0I WAY LINE: THENCE S 25.38'00' W 490.23 FEET ALONG SAID WESTERLY RIGHT -OF -WAY LINE TO THE POINT OF BEGIIW4I NG. CONTAINING 2.22 ACRES MORE OR LESS. JUT BPINEt RF,�W�i *AtWO L &GAL DESCRIPTION - 2.63 AC PARCEL �•:• A TRACT OF `A�ND SIi11ATED IN THE NEI 14 NWI /4 AND THE NWt /4 NWI /4 OF SECTION 9. TOfISHIP 10 SOUTH, RANI 86 WEST OF TINE 8tH PRINCIPAL tfAlOIAN LYING WESTERLY OF 741E WESTERLY AtGHT OF WAY LINE OF W. OF THEED�ST7ALLRAI (VEER. SAIDRT WTT BEINITDELSCRIBED AS FOLLOWS: SAID BEGINNING HE A POINT ON TH WESTERLY RIGHT OF WAY LIME OF RAILROAD RNENEE AN IRON T WITH A BRASS CM IN PL AND �PR�O�PEE1R1LY WAKED FOR ONE WITNESS CORNS# TO THE A1* NORTHWEST 14 YtE OF SAID SECTION 9 R,£WRS N 58 DEGREES 14 T W 1482.92 FEET: NCE S 31 DEGREES $7'30 - W 150.04 FEED uaKl THE WE TERIr R 1 C#IT OF WAY DINT S�INDTHEE1 CEENNTh OF THENCE VERB TTIERCE 7N 32 OEdiEES� SS'y3yp0p'gE 151.93 FEET ALONG THE CENT£�RR OF 3AID RIVER: T N 4S' 559.00'6 631 SO FFEETTN.� THE CENTER OF SSAID 0 All YEN: THEE SN643• pEOREES 22'OO E 216.14 F T TO A POINT ON THE WESTERLY LINE OF SAID RAILROAD: 8 2S•38' 'W 254.77 FEET ALONG THE WESTERLY LINE OF ANA LEAali.RO TINE POINT OF BEGINNING. CONTAINING 2.63 ACRES MORE VICINITY YAP SCALE: 1e- 2,000' SEC. 9. T.10 S., R.88 W. LROAL DESCRIPTION - ADJUSTED PARC"` A f11ICT OF LAND SITUATE IN THE NE114 NWI /4 AND THE SWIM NWI 14 Or SECTION 9. TOWNSHIP to SOUTH. RANGE 88 WEST OF THE 6TH PRINCIPAL MERIDIAN ``RRYING WESTERLY OF THE WEST£ALY RIGHT OF WAY LIKE OF THE DCRYSTAL RIVER. SAIDRTRACTBEINGTDESCR BED ASCFOLLOWSI OF THE : BEGINNING AT A POINT C THE WESTERLY RIGHT OF WAY LINE OF SAID RAI Lkr RWIt4�ILCE AN IRON POST WITH A BRASS CA- IN PLACE AND PROPERLY NkRNED FOR TKE WITNESS CORNER TO THE NORTHWEST CORNER OF SAID SECTION 9 BEARS N 58 DEGREES 14'11' W 1482.92 FEET: THENCE DNR6DEGREES ES003N30' 1 31144.23 FEET TO A POINT IN THE CENTER 231.73 FEET ALONG THE CENTER OF SAID RIVER: THEW- 33'SB'DO'E 61_,50 FEET ALONG TIE CENTER OF SAID RIVER: THENCE S 64.22'00'E NNCC��214. 14 FEET TO A POINT ON THE WESTERLY LINE OF SAID RAILROAD: RRAIILROAD To THE POINT 7BEGINN#ITtNG THE 1 .56 ACRES MORRE OR LESS. LEGEIIID R NOTES 0 prise RERa A rX L.M. 14111 BET RESAR L CJP L.S. 14111 jA✓0 1a1gEROSA IIIE 4+/ sees - sees.. EDGE OF su,VEL ROAD AND ORIVE.AY - - RUIIAHIO VE ENLOPE LINE BEAR ING 01 STANCE L I N 37, 51'1O'E 14.24' tnvu L.r ONE& 104 WVEA COKUTUA- I-OR A LO Ty " Ld'ES %N SPACE CO. SYDA2 Y j AC.C'OAC (15.14111) KU' IR g" WALE 'YEO 3E13 -ASi iRS7. i Of 7 DAm 07,4R'12 S--Aa r - 40' CIfAL.GCi� 1041 HAZARD REVIEW SITE PLAN FOR DAVID PARKER V Pi PITKIN COUNTY, COLORADO. VICINITY MAP LEGAL DESCRIPTION R f J i j! 1 tf*I$ tW SPAII u u u u J O LAN! . A TRACT OF LAND SITUATED 'M THE NEI /4 MINI /4 AND THE 011/4 Np'/A OF SECT IOM 9 TOWNSHIP 10 SWTH. RANGE 66 WEST OF THE 15TH PRINCIPAL NIENtDIAN LYIMO WESTERLY OF THE WESTERLY RIGHT OF WAY LIME OF THE OLD CRYSTAL RIVER RAI:.ROAO AND EASTERLY OF THE CEgTERLINE CF THE CRYSTAL RIVER. SAID TRACT BEINO DESCR IUD AS FOLLOWS' BEGINNIND AT A POINT ON THE N£S TERLY 1110117 Of WAY L:K OF SAID **WE *WE AN 10OR POST WI TM A BRASS CAP 1N PLACE AND PROPEERLY "PIKED FOR THE WITNESS CDR R TO THE NORTHWEST CORNER OF SAID E SECTION f BARS N 'S6 DEGREES 14'II' W 1162.42 fEET TMEma OF WAY SI1 OEOREED RAILROAD: 1THENCE FEET $1 04MINEWEES ItE 90' V 317 09 Fp3�6EE'bD*TOEA POINT 0 F63 FffT ALOIJ THE CEMA OF AIDTRAIi M' :"M[N�S B+B RAI LFFOA4 3'30* 1 31 El TO NBA POINT DM THE WSYMY LIVE OF SAID T96ETMER WIT" THE RIGHT OF INGRESS AND EGRESS FROM COLORADO STATE- HIGMRAY N0. 133 . MY OF PITKI*. OF COLORADO. SURVZYOR'$ CZRTIFICATZ 1. SYDNEY LI"CICOSE. 00 MEREBY CERTIFY THAT I AN A REGISTERED LAND SURVEYOR UNDER THE LAWS OF THE STATE Of COLORADO. THAT THIS SITE N.AN IS A TRUE. CORRECT AM COMPLETE PLAT OF A 1041 HAZARD REVIEW AS SHOWN HEREON. THAT SAID SITE PLAN WAS NAOE FROM AN ACCURATE SURVEY OF THE REAL PROPERTY 4NESCRISED HEREON BY WE ADD UNDER W DIRECT SUPERV9$IOM AND CORRECTLY SNOWS THE LOCATION AID DIMENSIONS OF THE PROPERTY YID OF THE BUILD NO EMYELOPE. T%#S SkVVEY IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE MID BELIEF. IN WITNESS 04EPEOF I HAVE SET MY HAAO AND SEAL THIS DAY OF 90111m&bo _... A.D.. 199.1 . BY: dt LATIV BOARD OF COUNTY COOMISSIONERS APPROVA THIS 1041 MALMO REVIEW PLAT FOR DAVID PARRHR MAS REViEWEO AND APPR4YED BY THE PIT IN TY SOAM OF CQWTY 0OSYIS6.IONERS THIS may, DAY OF 1y8 BY IlE to RR�EROLUtION NO -SOd LOCATED IM dR CLERK AND RECORDER OF YTISRh COUNTY, COLORADO 114 � ,.By, wi!t 76YF PITR! BD C0WI$SI Rky 1041 HAZARD RSVIRW WARNING 1041 ENVIROASEMTAL HAZARD AREAS EXIST THAT NIGHT AFFECT THE FROPF.RTY ANY IMPROKUNTS AND THE USE AND OCCUPANCY THEREOF. APPLICANTS" NAMES: ACCEPTANCE FOR RECORDING THIS 1941 VAP. HAS BE ACCEPTED fop FILI 111 7T1N1DEE OFf I(.'E OF IERK AID OF P I TtL I N COiR{tY, BIBMO 0!1 TM'1,� �� A.A . I AN PLAt BOOp,_`1't AA CERP�T REAM (NO LEGtND & NOTES • RBI1D AEAM b W t.S t +111 '� "�p11+tA111A { OEYEGaMEttT F. -�VEA SY•E � TAA>WRAL NYHIT I A[i MIAL i w�....��yYEAL!/i 6 !ri ACCfb/ 52AMTf► 11Riow?'m ;t "Aft A 1idw rom A AFFA AFCAMA'9 AY ^w 14f A"m APd w E 1 20 SCALE: P-10 CONTOURS INTLRVAL 2' Ali P I" FEVEW SITE PLAN OF — 1 7 OF LAM IN S. 4. of I Y IV SPACE SYDACY L18L�'iCOA I L. 4! r 1 1 *Art: rx -Wr grace xr "AU-aw ATTACHMENT 7 Existing Conditions with Slope Analysis; Scaled Aerial Photograph of Property -and- ATTACHMENT8 Proposed Activity Envelope Plan ACTIVITY ENVELOPE REVIEW, PARCEL ID #2729 - 092 -00 -008 UUUU31 Page 16 N W+ E S 0 m m m IS SCALE: 1 "=40' CONTOUR INTERVAL = 2' SANFORD PROPERTY - EXISTING CONDITIONS PITKIN COUNTY, COLORADO WITNESS CORNER TO THE NORTHWEST CORNER OF SECTION 9 LINES IN SPACE LAND SURVEYS 000032 LEGEND & NOTES • FOUND REBAR & CAP L.S. 14111 - EDGE OF GRAVEL ROAD AND DRIVEWAY ■ *� -- FENCE LINE PROPERTY LINE SLOPES 0 %- 30% SLOPES > 30% ELEVATION OF 1000' SHOWN HEREON = 7060 ATTACHMENT 7 SPID# 2729 - 092 -00 -008 LEGAL DESCRIPTION - 2.63 AC PARCEL A TRACT OF LAND SITUATED IN THE NE1 14 NM /4 AND THE NW114 NWI /4 OF BECTION 9, TOWNSHIP 10 90UTH, RANGE 88 WEST OF THE 5TH PRINGPAL MERIDIAN LYING WESTERLY OF THE WESTERLY RIGHT OF WAY LINE OF THE OLD CRYSTAL RIVER RAILROAD AND EASTERLY OF THE CENTERJNE OF THE CRYSTAL RIVER. SAID TRACT BEING DESCRIBED AS FOLLOWS. BEGINNING AT A POINT ON THE WESTERLY RIGHT OF WAY LINE OF SAID RAILROAD WHENCE AN IRON POST W TH A BRASS CAP IN PLACE AND PROPERLY MARKED FOR THE WITNESS CORNER TO THE NORTHWEST CORNER OF SAID SECTION 9 BEARS N 58 DEGREES 1P71' W 1452.92 FEET. THENCE S 31 DEGREES 5730' W 150.04 FEET ALONG THE WESTERLY RIGHT OF WAY LINE OF SAID RAILROAD: THENCE N 85 DEGREES 1730' W 317.05 FEET TO A POINT IN THE CENTER OF SAID RIVER, THENCE N 32 DEGREES 55'30' E 151.83 FEET ALONG THE CENTER OF SAID RIVER: THENCE N 489 OS,30'E 231.73 FEET ALONG THE CENTER OF SAID RIVER; THENCE N 339 58,00'E 61.50 FEET ALONG THE CENTER OF SAID RIVER; THENCE S 64 DEGREES 2200' E 216.14 FEET TO A POINT ON THE WESTERLY LINE OF SAID 0'W 254.77 FEET ALONG THE WESTERLY LINE OF RAILROAD: THENCE 8 250350 SAID RAILROAD TO THE POINT OF BEGINNING, CONTAINING 2.83 ACRES MORE OR LESS. SANFORD EXISTING CONDITIONS PLAN PARCEL IN SEC. 9 T.10 S. R.88 W. 8th P.M. PITKIN COUNTY COLORADO - LINES IN SPACE SYDNEY LINCICOME ( L.S. 141 1 1 ) 57 GLEN-WOOD AVE. CARBONDAIP, CO. WM40.3M2 DATE: 01M&W SCALE:1' -4W JOBNO.:MW70 ONEALI.GXO SANFORD ACTIVITY ENVELOPE PLAN N W+ E S 0 w m m m SCALE: 1 "=40' CONTOUR INTERVAL = 2' 99RFEtSDORRERTDTHENDRTMR uCDMlRGFGBCn0N9 LINES IN SPACE LAND SURVEYS 000 PITKIN COUNTY, COLORADO Gq'_.J� PRopompilveov VICINITY MAP SCALE: 1"=2,000' SEC. 9, T.10 S., R.88 W. wmwralo 9nuplc ATTACHMENT 8 SPID# 2729 - 092 -00 -008 LEGAL DESCRIPTION - 2.63 AC PARCEL A TRACT OF LAND SITUATED IN THE NEI14 NWI A AND THE N W1 N NWI14 OF SECTION 9, TOWNSHIP 10 SOUTH. RANGE 88 WEST OF THE 6TH PRINCIPAL MERIDIAN LYING WESTERLY OF THE WESTERLY RIGHT OF WAY UNE OF THE OLD CRYSTAL RIVER RAILROAD AND EASTERLY OF THE CENTERLINE OF THE CRYSTAL RIVER, SAID TRACT BEING DESCRIBED AS FOLLOWS: BEGINMNG AT A POINT ON THE WESTERLY RIGHT OF WAY LINE OF SAID RAILROAD WHENCE AN IRON POST MATH A BRASS CAP IN PUCE AND PROPERLY MARKED FOR THE WITNESS CORNER TO THE NORTHWEST CORNER OF SAID SECTION 9 SEARS N 58 DEGREES 14'11^ W 1482.92 FEET; THENCE S 31 DEGREES 5730" W 1 FEET ALONG THE WESTERLY RIGHT OF WAY LINE OF SAID RAILROAD; THENCE N 68 DEGREES 1r3O' W 317.08 FEET TO A POINT IN THE CENTER OF SAID RIVER: THENCE N 32 DEGREES 55'30' E 151.83 FEET ALONG THE CENTER OF SAID RIVER; THENCE N 480 05'30'E 231,73 FEET ALONG THE CENTER OF SAID RIVER; THENCE N 330 56'00E 81.50 FEET ALONG THE CENTER OF SAID RIVER; THENCE S 64 DEGREES 2700' E 218.14 FEET TO A POINT ON THE WESTERLY LINE OF SAO RAILROAD; THENCE 8 25038'00-W 254.77 FEET ALONG THE WESTERLY LINE OF SAID RAILROAD TO THE POINT OF BEGINNING, CONTAINING 2.63 ACRES MORE OR LESS. DISCLAIMER ENVIRONMENTAL HAZARD AREAS EXIST THAT MIGHT AFFECT THE PROPERTY, ANY IMPROVEMENTS AND THE USE AND OCCUANCY THEREOF. VVA I \/F R THE PROVISIONS OF THESE REGULATIONS DO NOT IN ANYWAY ASSURE OR IMPLY THAT AREAS OUTSIDE OF DESIGNATED HAZARD AREAS WLL BE FREE FROM HA2PRD8, OR THAT APPROVED MITIGATION MEASURES WILL GUARANTEE THE SAFETY OF ANY PROPERTY, APPLICAN 8 NAME: TRACY SANFORD HEARING OFFICER APPROVAL THIS ACTIVITY ENVELOPE PLAN HAS BEEN REVIEWED AND APPROVED BY THE PITKIN COUNTY COMMUNITY DEVELOPMENT HEARING OFFICER THIS DAY OF 200 APPROVAL OF THIS 1041 IS SUBJECT 70 THE TERMS-AND CONDIfl6RS6F'bETfRAAINATION NO. REGARDED AS BOOK _ AT PAGE _ IN THE PITKIN COUNTY CLERK AND RECORDERS OFFICE. PITKIN COUNTY HEARING 0 FILER SURVEYOR'S CERTIFICATE 1, SYDNEY UNCICOME, DO HEREBY CERTIFY THAT I AM A REGISTERED LAND SURVEYOR UNDER THE LAWS OF THE STATE OF COLORADO, THAT THIS SITE PLAN IS A TRUE, CORRECT AND COMPLETE PLAT OF AN ACTIVITY ENVELOPE PLAN AS SHOWN HEREON, THAT SAID SITE PLAN WAS MADE FROM AN ACCURATE SURVEY OF THE REAL PROPERTY DESCRIBED HEREON BY ME AND UNDER MY DIRECT SUPERVISION AND CORRECTLY SHOWS THE LOCATION AND DIMENSIONS OF THE PROPERTY AND OF THE BUILDING ENVELOPE THIS SURVEY IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF. IN WITNESS WHEREOF I HAVE SET MY HAND AND SEAL THIS _ DAY OF , A.D., 200_ BY SYDNEY UNCICOME P.1-8.14111 LEGEND 8L NOTES ACCEPTANCE FOR RECORDING • FOWDREWt4CAPLSA*I11 ...__.___.._.... EDGE OF GRAVELROADANDDRIVEVMY THIS PLAT HAS BEEN ACCEPTED FOR FILING INTHE OFFICE OF THE CLERK AND RECORDER OF PITKIN COUNTY, COLORADO ON THIS ACTIVITY ENVELOPE UH6 DAY OF A.D., 2()G_ IN PLAT BOOK_ ATP GE AS RECEPTION NO. ELOPE IN ACTMTY ENVELOPE AE BHOAII IfiPEONJ R4t5i -30i TNROUGHOVT -- ELEVATIMI OF 100D EHOWN HEREON • 7010 CLERK AND RECORDER SANFORD ACTIVITY ENVELOPE PLAN PARCEL IN SEC. 9 T.10 S. R.88 W. 8Th P.M. PITKIN COUNTY. COLORADO °Y: LINES IN SPACE SYDNEY LINCICOME (L,S. 1411 1 ) 67 GLENWOOD AVE. CARSONDALE, 00. 9704833852 DATE: 0111OW SCALE:1' -40' JOSNO.:95G70 PUBLIC NOTICE NOTICE IS HEREBY GIVEN to the general public that on January 10, 2014, the Pitkin County Community Development Director granted approval for the Approving the Youngman Activity Envelope Review (Case P076 -12; Deter. #001 - 2014). The property is located on Dorais Way and is legally described as a tract of land situated in the NE 1/4 NW '/4 and the NW '/4 NW '/4 of Section 9, Township 10 South, Range 88 West of the 61h P.M. The State Parcel Identification Number for the property is 2729 - 092 -00 -008. 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 JANUARY 23, 2014. PUBLIC NOTICE RE: Youngman Activity Envelope Review (CASE# P076 -12; PID 2729 - 092 -00 -008) NOTICE IS HEREBY GIVEN that an application has been submitted by Phil Youngman (2716 Treyburne Lane, Hampton Cove, AL 35763) requesting approval of an Activity Envelope to construct a single family residence. The property is located on Dorais Way, and is legally described as a tract of land situated in the NE 1/4 NW '/a and the NW 1/4 NW '/a of Section 9, Township 10 South, Range 88 West of the 61" P.M. The State Parcel Identification for the property is 2729 - 092 -00 -008. 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 August 30, 2012. Attention All Property Owners within 300' of the subject 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 October 1, 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 /Planning /Land_Use_Applicatio ns /P076_12_app.pdf County of Pitkin } AFFIDAVIT OF NOTICE & } ss. MAILING PURSUANT TO State of Colorado } PITKIN COUNTY LAND USE CODE SECTION 2 -20 -100 I, , bY�_ 1`�eWIA•�� 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: 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 Y;t)b 1 , 2013cwhich is 30 days prior to the deadline of j *X. 'Z% , 201 . 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 aCC% \3L_, 20131 which is at least fifteen (15) days prior to the public comment deadline. A photograph of the posted sign is attached hereto. Applicant's name (Attach photograph here) n+'--� afore Signed before me this, �L 70aay of� 201,3)y o� li /cam l� WITNESS MY HAND AND OFFICIAL SEAL My commission expires: 221 Notary Pu lic Notary Public's Signature WLAND UELiC LORADO B8 94002540 L;M] SEPTEMBER 21. 2014 PITKIN COUNTY COMMUNITY DEVELOPMENT DEPARTMENT 130 South Galena Street Aspen, Colorado 81611 (970) 920 -5526 FAX# (970) 920 -5439 August 16, 2012 Tom Newland 417 Original Road Basalt, CO 81621 tomn @sopris.net Re: Youngman Activity Envelope Review (PID #2729 - 092 -00 -008; Case# P076 -12) Dear Mr. Newland: 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 August 30, 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 October 1, 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 14th day of September, 2012, which is at least fifteen (15) days prior to September 30, 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 lu radviI : 1 u_ To: Crystal River Caucus Colorado Division of Wildlife Carbondale Rural Fire Protection District FROM: Mike Kraemer, Community Development Department Michael.kraemergco.pitkin.co.us Re: Youngman Activity Envelope Review (PID 2729 - 092 -00 -008; Case P076 -12) DATE: August 16, 2012 Attached for your review and comments are materials for an application submitted by Phil Youngman. The Pitkin County Community Development Director will review the application. Please return your comments to me by Monday, October 1, 2012. http: / /www.aspenpitkin.com/ Portals /0 /docs /county /Com %2ODev /Plannin /Land Use Ap plications /P076 12 app.pdf Thank you. Michael Kraemer From: Bill Gavette [gavette@carbondalefire.orgj Sent: Friday, September 14, 2012 11:32 AM To: Michael Kraemer Subject: Youngman Activity Envelope Mike, I have reviewed Youngman application and I have no issues with the proposal. Please contact me if you have any questions or if I may be of any assistance. Sincerely, Bill Gavette Deputy Chief Carbondale & Rural Fire Protection District www.carbondalefire.org 970- 963 -2491 �,�e-Aaa rp i t�t4t�y�F O 5 FIRE, EMS, RESCUE Email secured by Check Point i c� PITKIN C,UNTY COMMUNITY DEVELL .MENT Permit Receipt RECEIPT NUMBER 00032802 Name: Newland Project Resources Inc Project Address: 0 DORAIS WAY Type: check # 4703 Permit Number Fee Description 0076.2012.PLAN 0076.2012. PLAN 0076.2012. PLAN Date:8/8/2012 Amount PP- Flat Fee 3,120.00 PP- Clerk Tech Fee 25.00 PP- Public Notice Fee 54.00 Total: 3,199.00 YOUNGMAN ACTIVITY ENVELOPE PLAN N W+ E S 0 20' 40' 60' 80' SCALE: 1 " =40' CONTOUR INTERVAL = 2' WITNESS CORNER TO THE NORTHWEST CORNER OF SECTION 9 LINES IN SPACE LAND SURVEYS V s�aE 0 Q 00 ,0� �0 1j �\ FLOOD BOUNDARY-" PER ENLARGEMENT OF THE JUNE 4. 1987 FLOOD INSURANCE / RATE MAP OF PITKIN COUNTY SPID# 272909200008 ti 7z-"- c�66, TOP OF BANK��� / / o rn � ACTIVITY ENVELOPE IS 10' FROM TOP OF BANK I i 11711111 3. IO ACIO'-Al- 14 f'Tj ✓I fp &A4 1t SD9 / .0" /% 0, FRom -rw ►M 4le, f Gwa roe Maw. �L O / 977.4' benchmark I TOP OF BANK a� �.O o 992.92*.* Q O &EUR I CAED TALS TELEPH ARE EN o• /,, 10 FT. FROM TOP OF BANK / / / \�/ ./• WELL 00 LOCATION ':� / �:`• ' • �� . / :� � off• �� �p02 CENTERLINE OF 12% PROPOSED DRIVEWAY EDESTAL �y 4 Y� TEMPORARY ACCESS, UTILITIES LOCATION 41 VICINITY MAP k. SITE LEGEND & NOTES • FOUND REBAR & CAP L.S. 14111 ................... EDGE OF GRAVEL ROAD AND DRIVEWAY ACTIVITY ENVELOPE LINE SLOPE IN ACTIVITY ENVELOPE AS SHOWN HEREON IS 15% - 30% THROUGHOUT ELEVATION OF 1000' SHOWN HEREON - 7060' RECEPTION #: 607252, 01/1312014 at 01:43:33 PM, 1 OF 1, R $11.00 Janice K. Vos Caudill, Pitkin County, CO PLAT BK 105 PG 85 LEGAL DESCRIPTION — 3.10 AC PARCEL A TRACT OF LAND SITUATED IN THE NEI /4 NWI /4 AND THE NWI /4 NWI /4 OF SECTION 9, TOWNSHIP 10 SOUTH, RANGE 88 WEST OF THE 6TH PRINCIPAL MERIDIAN LYING WESTERLY OF THE WESTERLY RIGHT OF WAY LINE OF THE OLD CRYSTAL RIVER RAILROAD AND EASTERLY OF THE CENTERLINE OF THE CRYSTAL RIVER, SAID TRACT BEING DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE WESTERLY RIGHT OF WAY LINE OF SAID RAILROAD WHENCE AN IRON POST WITH A BRASS CAP IN PLACE AND PROPERLY MARKED FOR THE WITNESS CORNER TO THE NORTHWEST CORNER OF SAID SECTION 9 BEARS N 58 DEGREES 14'11" W 1482.92 FEET: THENCE S 31 DEGREES 57'30" W 150.04 FEET ALONG THE WESTERLY RIGHT OF WAY LINE OF SAID RAILROAD: THENCE N 68 DEGREES 17'30" W 317.06 FEET TO A POINT IN THE CENTER OF SAID RIVER: THENCE N 32 DEGREES 55'30" E 151.83 FEET ALONG THE CENTER OF SAID RIVER: THENCE N 48° 05'30 "E 231.73 FEET ALONG THE CENTER OF SAID RIVER: THENCE N 33° 58'00 "E 61.50 FEET ALONG THE CENTER OF SAID RIVER: THENCE S 64 DEGREES 22'00" E 216.14 FEET TO A POINT ON THE WESTERLY LINE OF SAID RAILROAD: THENCE S 25 °38'00 "W 254.77 FEET ALONG THE WESTERLY LINE OF SAID RAILROAD TO THE POINT OF BEGINNING. CONTAINING 2.63 ACRES MORE OR LESS. DISCLAIMER ENVIRONMENTAL HAZARD AREAS EXIST THAT MIGHT AFFECT THE PROPERTY. ANY IMPROVEMENTS AND THE USE AND OCCUANCY THEREOF WAIVER THE PROVISIONS OF THESE REGULATIONS DO NOT IN ANYWAY ASSURE OR IMPLY THAT AREAS OUTSIDE OF DESIGNATED HAZARD AREAS WILL BE FREE FROM HAZARDS. OR THAT APPROVED MITIGATION MEASURES WILL GUARANTEE THE SAFETY OF ANY PROPERTY. APPLICANT'S NAME: PHILIP trNIOAN CHERY ALONE COMMUNITY DEVELOPMENT APPROVAL THIS ACTIVITY ENVELOPE SITE PLAN FOR YOUNGMAN HAS BEEN REVIEW�D AND APPWVED BY THEPP''ITKIN COUNTY COMMUNITY DEVELOPMENT DIRECTOR THIS L DAY OF.AnUa 20',�. APPROVAL OF THIS ACTIVITY ENVELOPE SITE PLAN IS SUBJECT TO THE TER AND CONDITIONS OF ADMINISTRATION DETERMINATION NO. /-;W!/ RECORDED IN THE PITKIN COUNTY CLERK AND RECORDER'S OFFICE. f�eceo %on- ! LoUa 2S 1 PI KIN COUNTY COMMUNITY DEVELOPMENT DIRECTOR CASO� Pg(-7(0-1ca- ACCEPTANCE FOR RECORDING THIS PLAT HAS BEEN ACCEPTED FOR FILING IN THE OFFICE OF TI)S �,LERK AND R OR E F PITKIN COUNTY . OLORADO ON THIS /3'm DA A . D .. 20/ IN PLAT BOOK AT PAGE, AS RECEP ION NO C K A COR ER &.Pv * ;SEAL:; YOUNGMAN ACTIVITY ENVELOPE SITE PLAN PARCEL IN SEC. 9. T.10 S., R.88 W.. 6th P.M., PITKIN COUNTY. COLORADO BY•' LINES IN SP,4 CE SYDNEY LINCICOME ( L.S. 14 / / / ) 67 GLENWOOD A VE. CARBONDALE. CO. 970 - 963 -3852 DA TE•' 03//3/2/3 SCALE.' /" - 40' 10B NO.: 95070 ONEAL/GXD �o I � I Sp ; o / 30 o. / A a� �.O o 992.92*.* Q O &EUR I CAED TALS TELEPH ARE EN o• /,, 10 FT. FROM TOP OF BANK / / / \�/ ./• WELL 00 LOCATION ':� / �:`• ' • �� . / :� � off• �� �p02 CENTERLINE OF 12% PROPOSED DRIVEWAY EDESTAL �y 4 Y� TEMPORARY ACCESS, UTILITIES LOCATION 41 VICINITY MAP k. SITE LEGEND & NOTES • FOUND REBAR & CAP L.S. 14111 ................... EDGE OF GRAVEL ROAD AND DRIVEWAY ACTIVITY ENVELOPE LINE SLOPE IN ACTIVITY ENVELOPE AS SHOWN HEREON IS 15% - 30% THROUGHOUT ELEVATION OF 1000' SHOWN HEREON - 7060' RECEPTION #: 607252, 01/1312014 at 01:43:33 PM, 1 OF 1, R $11.00 Janice K. Vos Caudill, Pitkin County, CO PLAT BK 105 PG 85 LEGAL DESCRIPTION — 3.10 AC PARCEL A TRACT OF LAND SITUATED IN THE NEI /4 NWI /4 AND THE NWI /4 NWI /4 OF SECTION 9, TOWNSHIP 10 SOUTH, RANGE 88 WEST OF THE 6TH PRINCIPAL MERIDIAN LYING WESTERLY OF THE WESTERLY RIGHT OF WAY LINE OF THE OLD CRYSTAL RIVER RAILROAD AND EASTERLY OF THE CENTERLINE OF THE CRYSTAL RIVER, SAID TRACT BEING DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE WESTERLY RIGHT OF WAY LINE OF SAID RAILROAD WHENCE AN IRON POST WITH A BRASS CAP IN PLACE AND PROPERLY MARKED FOR THE WITNESS CORNER TO THE NORTHWEST CORNER OF SAID SECTION 9 BEARS N 58 DEGREES 14'11" W 1482.92 FEET: THENCE S 31 DEGREES 57'30" W 150.04 FEET ALONG THE WESTERLY RIGHT OF WAY LINE OF SAID RAILROAD: THENCE N 68 DEGREES 17'30" W 317.06 FEET TO A POINT IN THE CENTER OF SAID RIVER: THENCE N 32 DEGREES 55'30" E 151.83 FEET ALONG THE CENTER OF SAID RIVER: THENCE N 48° 05'30 "E 231.73 FEET ALONG THE CENTER OF SAID RIVER: THENCE N 33° 58'00 "E 61.50 FEET ALONG THE CENTER OF SAID RIVER: THENCE S 64 DEGREES 22'00" E 216.14 FEET TO A POINT ON THE WESTERLY LINE OF SAID RAILROAD: THENCE S 25 °38'00 "W 254.77 FEET ALONG THE WESTERLY LINE OF SAID RAILROAD TO THE POINT OF BEGINNING. CONTAINING 2.63 ACRES MORE OR LESS. DISCLAIMER ENVIRONMENTAL HAZARD AREAS EXIST THAT MIGHT AFFECT THE PROPERTY. ANY IMPROVEMENTS AND THE USE AND OCCUANCY THEREOF WAIVER THE PROVISIONS OF THESE REGULATIONS DO NOT IN ANYWAY ASSURE OR IMPLY THAT AREAS OUTSIDE OF DESIGNATED HAZARD AREAS WILL BE FREE FROM HAZARDS. OR THAT APPROVED MITIGATION MEASURES WILL GUARANTEE THE SAFETY OF ANY PROPERTY. APPLICANT'S NAME: PHILIP trNIOAN CHERY ALONE COMMUNITY DEVELOPMENT APPROVAL THIS ACTIVITY ENVELOPE SITE PLAN FOR YOUNGMAN HAS BEEN REVIEW�D AND APPWVED BY THEPP''ITKIN COUNTY COMMUNITY DEVELOPMENT DIRECTOR THIS L DAY OF.AnUa 20',�. APPROVAL OF THIS ACTIVITY ENVELOPE SITE PLAN IS SUBJECT TO THE TER AND CONDITIONS OF ADMINISTRATION DETERMINATION NO. /-;W!/ RECORDED IN THE PITKIN COUNTY CLERK AND RECORDER'S OFFICE. f�eceo %on- ! LoUa 2S 1 PI KIN COUNTY COMMUNITY DEVELOPMENT DIRECTOR CASO� Pg(-7(0-1ca- ACCEPTANCE FOR RECORDING THIS PLAT HAS BEEN ACCEPTED FOR FILING IN THE OFFICE OF TI)S �,LERK AND R OR E F PITKIN COUNTY . OLORADO ON THIS /3'm DA A . D .. 20/ IN PLAT BOOK AT PAGE, AS RECEP ION NO C K A COR ER &.Pv * ;SEAL:; YOUNGMAN ACTIVITY ENVELOPE SITE PLAN PARCEL IN SEC. 9. T.10 S., R.88 W.. 6th P.M., PITKIN COUNTY. COLORADO BY•' LINES IN SP,4 CE SYDNEY LINCICOME ( L.S. 14 / / / ) 67 GLENWOOD A VE. CARBONDALE. CO. 970 - 963 -3852 DA TE•' 03//3/2/3 SCALE.' /" - 40' 10B NO.: 95070 ONEAL/GXD N W+ IE 0 50 100' 150' 200' SCALE: 1 "=100' YOUNGMAN /ZIEGLER LOT LINE ADJUSTMENT PLAT SPID# 272909200008 (vsv1q6m4A) WITNESS CORNER TO NW CORNER SEC. 9. T. 10 S.. R. 88 W. OF THE 6th P.M. F 2 s� �06 L \sue L � NES 0N SPACE LAND SURVEYS 17 c c K 0 o° • Qi obi �N co .� 19 �`O o� COe , o �o 18 4 e� 06 LEGAL DESCRIPTION - ORIGINAL (i) [ ti G MA 100.62' 608 ADJUSTED YOUNGMAN PROPERTY DESCCR I PT H ®N 06.56') SECTION 9. TOWNSHIP 10 SOUTH. RANGE 88 WEST OF THE 6TH PRINCIPAL MERIDIAN LYING WESTERLY OF THE WESTERLY RIGHT OF WAY LINE OF i THE OLD CRYSTAL RIVER RAILROAD AND EASTERLY OF THE CENTERLINE w o A TRACT OF LAND SITUATED IN THE NEI /4NW1 /4 AND THE NWI /4NW1/4 OF SECTION 9. o• BEGINNING AT A POINT ON THE WESTERLY RIGHT OF WAY LINE OF SAID N TOWNSHIP 10 SOUTH. RANGE 88 WEST OF THE 6th PRINCIPAL MERIDIAN LYING j PROPERLY MARKED FOR THE WITNESS CORNER TO THE NORTHWEST WESTERLY OF THE CENTERLINE OF THE OLD CRYSTAL RIVER RAILROAD AND Z THENCE S 31 DEGREES 57'30" W 150.04 FEET ALONG THE WESTERLY RIGHT EASTERLY OF THE CENTERLINE OF THE CRYSTAL RIVER. SAID TRACT BEING FEET TO A POINT IN THE CENTER OF-SAID RIVER: THENCE N 32 DEGREES 607 DESCRIBED AS FOLLOWS: 0 t � � 05'30 "E 231.73 FEET ALONG THE CENTER OF SAID RIVER: THENCE N 33° 0 BEGINNING AT A POINT ON THE WESTERLY RIGHT OF WAY LINE OF SAID RAILROAD DEGREES 22'00" E 216.14 FEET TO A POINT ON THE WESTERLY LINE OF SAID 11,0i WHENCE AN IRON POST WITH A BRASS CAP FOUND IN PLACE AND PROPERLY MARKED ti SAID RAILROAD TO THE POINT OF BEGINNING, CONTAINING 2.63 ACRES MORE '' -_ FOR THE WITNESS CORNER TO THE NORTHWEST CORNER OF SAID SECTION 9 BEARS N 58°14'11 "W 1482.92 FEET: THENCE S 31°57'30 "W 150.04 FEET ALONG SAID WESTERLY RIGHT OF WAY LINE TO THE TRUE POINT OF BEGINNING: THENCE N 68017'30 "W 317.06 NOTARY PUBLI FEET TO A POINT IN THE CENTER OF SAID RIVER: THENCE N 32°55'30 "E 151.83 FEET THE NICHOLAS J, ZIEGLER REVOCABLE LIVING TRUST ALONG THE CENTER OF SAID RIVER: THENCE N 48°05'30 "E 231.73 FEET ALONG THE � \-, _ ... ...0 s '� _. X< t x, : i"S ...•, # Vii. CENTER OF SAID RIVER: THENCE N 33°58'00 "E 61.50 FEET ALONG THE CENTER OF SAID RIVER: THENCE S 64°22'00 "E 266.14 FEET TO A POINT ON THE CENTERLINE OF SAID RAILROAD: THENCE S 25 °38'00 "W 257.53 FEET ALONG THE CENTER OF SAID RAILROAD: THENCE S 31°57'30 "W 143.76 FEET ALONG THE CENTER OF SAID RAILROAD: THENCE N 68°17'30 "W 50.81 FEET TO THE TRUE POINT OF BEGINNING. CONTAINING 3.10 ACRES. MORE OR LESS. nth o STRIP TO BE ADDED °ISO Y®UNG AN PROPERTY DESCRIPTION co A TRACT OF LAND SITUATED IN THE NEI /4NW1/4 OF SECTION 9. TOWNSHIP 10 SOUTH. 16 RANGE 88 WEST OF THE 6th PRINCIPAL MERIDIAN LYING WESTERLY OF THE CENTERLINE OF THE OLD CRYSTAL RIVER RAILROAD, SAID TRACT BEING DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE WESTERLY RIGHT OF WAY LINE OF SAID RAILROAD WHENCE AN IRON POST WITH A BRASS CAP FOUND IN PLACE AND PROPERLY MARKED FOR THE WITNESS CORNER TO THE NORTHWEST CORNER OF SAID SECTION 9 BEARS N 58e14'11'W 1482.92 FEET: THENCE _`N 25 °38.00 -E 254.77 FEET ALONG SAID WESTERLY /pp• RIGHT OF WAY LINE: THENCE S 64e22'00'E 50.00 FEET TO A POINT ON THE CENTERLINE OF SAID RAILROAD: THENCE S 25e38'00'W 257.53 FEET ALONG-THE CENTER OF SAID RAILROAD: THENCE S 31e57'30'W 143.76 FEET ALONG THE CENTER OF SAID RAILROAD: THENCE N 68e17'30"W 50.81 FEET TO A'POINT ON THE WESTERLY RIGHT OF WAY LINE OF SAID RAILROAD: THENCE N 31e57'30'E 150.04 FEET TO THE POINT OF BEGINNING. M CONTAINING 0.47 ACRE MORE OR LESS. 0 ��0 ) ADJUSTED TRACT B PROPERTY DESCR I ITT H ON °' ow TRACT B. WILD ROSE RANCH. ACCORDING TO THE PLAT THEREOF 0 RECORDED FEBRUARY 3. 1983 IN PLAT BOOK 14 AT PAGE 33 OF THE `y PITKIN COUNTY. COLORADO RECORDS EXCEPT A TRACT OF LAND SITUATED IN THE NEI /4NW1/4 OF SECTION 9. TOWNSHIP 10 SOUTH. 15 RANGE 88 WEST OF THE 6th PRINCIPAL MERIDIAN LYING WESTERLY OF THE CENTERLINE OF THE OLD CRYSTAL RIVER RAILROAD. SAID TRACT BEING DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE WESTERLY RIGHT OF WAY LINE OF SAID RAILROAD WHENCE AN IRON POST WITH A BRASS CAP FOUND IN PLACE AND PROPERLY MARKED FOR THE WITNESS CORNER TO THE NORTHWEST CORNER OF SAID SECTION 9 BEARS N 58°14'11 "W 1482.92 FEET: THENCE N 25°38'00 "E 254.77 FEET ALONG SAID WESTERLY �= os RIGHT OF WAY LINE: THENCE S 64e22'00'E 50.00 FEET TO A POINT ON THE CENTERLINE OF SAID RAILROAD: THENCE S 25°38.00 "W 257.53 FEET ALONG THE CENTER OF SAID �� RAILROAD: THENCE S 31°57'30 "W 143.76 FEET ALONG THE CENTER OF SAID RAILROAD: THENCE N 68°17'30 "W 50.81 FEET TO A POINT ON THE WESTERLY RIGHT OF WAY LINE OF SAID RAILROAD: THENCE N 31e57'30"E 150.04 FEET TO THE POINT OF BEGINNING, CONTAINING 0.47 ACRE MORE OR LESS. lY THE RESULTING TRACT B NOW CONTAINS 14.09 ACRES MORE OR LESS. �� '� V / WITNESS CORNER TO NW CORNER SEC. 9. T. 10 S.. R. 88 W. OF THE 6th P.M. F 2 s� �06 L \sue L � NES 0N SPACE LAND SURVEYS 17 c c K 0 o° • Qi obi �N co .� 19 �`O o� COe , o �o 18 4 e� 06 LEGAL DESCRIPTION - ORIGINAL (i) [ ti G MA 100.62' 608 A TRACT OF LAND SITUATED I N THE NEI /4 NW I /4 AND THE NW I /4 NW I /4 OF 06.56') SECTION 9. TOWNSHIP 10 SOUTH. RANGE 88 WEST OF THE 6TH PRINCIPAL MERIDIAN LYING WESTERLY OF THE WESTERLY RIGHT OF WAY LINE OF )SS. THE OLD CRYSTAL RIVER RAILROAD AND EASTERLY OF THE CENTERLINE w o OF THE CRYSTAL RIVER. SAID TRACT BEING DESCRIBED AS FOLLOWS: o• BEGINNING AT A POINT ON THE WESTERLY RIGHT OF WAY LINE OF SAID N RAILROAD WHENCE AN IRON POST WITH A BRASS CAP IN PLACE AND THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME THIS ge, DAY OF PROPERLY MARKED FOR THE WITNESS CORNER TO THE NORTHWEST CORNER OF SAID SECTION 9 BEARS N 58 DEGREES 14'11" W 1482.92 FEET: Z THENCE S 31 DEGREES 57'30" W 150.04 FEET ALONG THE WESTERLY RIGHT OF WAY LINE OF SAID RAILROAD: THENCE N 68 DEGREES 17'30" W 317.06 FEET TO A POINT IN THE CENTER OF-SAID RIVER: THENCE N 32 DEGREES 607 55'30" E 151.83 FEET ALONG THE CENTER OF SAID RIVER: THENCE N 48° 0 t � � 05'30 "E 231.73 FEET ALONG THE CENTER OF SAID RIVER: THENCE N 33° 0 58'00 "E 61.50 FEET ALONG THE CENTER OF SAID RIVER: THENCE S 64 DEGREES 22'00" E 216.14 FEET TO A POINT ON THE WESTERLY LINE OF SAID 11,0i RAILROAD: THENCE S 25 °38'00 "W 254.77 FEET ALONG THE WESTERLY LINE OF ti SAID RAILROAD TO THE POINT OF BEGINNING, CONTAINING 2.63 ACRES MORE '' -_ OR LESS. LEGAL DESCRIPTION - ORIGINAL TRACT B TRACT B. WILD ROSE RANCH. ACCORDING TO THE PLAT THEREOF RECORDED FEBRUARY 3. 1983 IN PLAT BOOK 14 AT PAGE 33 OF THE PITKIN COUNTY. COLORADO RECORDS 02 CERTIFICATION OF DEDICATION AND OWNERSHIP •� KNOW ALL MEN BY THESE PRESENT THAT PHILIP YOUNGMAN /CHERYL MALONE AND THE NICHOLAS J. ZIEGLER REVOCABLE t SIMPLE O NTY, COLORADO, DESCRIBED HEREON THESE BY ESE PRESS TS ADJUSTED ED THS BOUNDARY IN OF C U SHOWN ON THIS PLAT, UNDER THYE NAME AND STYLE OF "YOUNGMAN /ZIEGLER LOT LINE ADJUSTMENT PLAT ". ? EXECUTED THIS _S DAY OF IIJOICIANSS, A.D. 20-0-1. i OWNER : PH I L ( Y4NGMIT OWNER: CHERIU M NE, PHILIP YOUNGMAN, ATTORNEY -IN -FACT YOUNGMAN PARCEL 0 ORIGINAL TIE: N 580 14'11" W p' 93 266 ' 2 /.I. N/ LOT L I /482 Sp. pp 9� o MOUNTAIN LION DRIVE eo Oo Cb 14, h 051 39 60 e 7 ° Cb A.3 �"' / LU 11 LOT L I NE BEING ADJUSTED 1314 ° ° ® ( o 0 200, 8 / � -- N •� N 68e % _ N p W 41) "�� �h 3�S 3��. p6 • / / �s O� • p3 ' 338 / 07 7 NEW TRUE POB N5/LOT LINE "�1 6 1% . 30, 9 a7 (bb g5 S ?,. LEGEND AND NOTES FOUND BRASS CAP 295.47 ' ALL EASEMENTS FOR TRACT B SHOWN ON THE FINAL PLAT OF WILD ROSE RANCH RECORDED FEBRUARY 3. 1983 IN PLAT BOOK 14 AT PAGE 33 ARE STILL IN EFFECT. Tract X41 LINE BEARING DISTANCE L I S 46053'04 "W 93.00' L 2 N 15000'30 "E 30.00' L 3 N 33058'00 "E 61.50' VHCCHNHTY MAP . (Ch bz?) V__0 VJ 9 T o 10 3 0 9 R o 8 8 W . 9 5 t h "P o M o •. 'lf v �e. v% RECEPTION #: 607253, 01/13/2014 at VASE 01:43:34 PM, 1 OF 1, R $11.00 Janice K. r tom° Vos Caudill, Pitkin County, CO PLAT BK 105 PG 86 THIS YOUNGMAN /ZIEGLER LOT LINE ADJUSTMENT PLAT HAS BEEN ACEPTED FOR FILING IN THE OFFICE OF THE CLERK AND RECORDER OF PITKIN COUNTY, COLORADO, ON THIS 1.�! DAY OF t 2013 A.D. IN PLAT BOOKI6.5 AT PAGE R& AS RECEPTION NO. Af SEAL, 4 k YOUNGMAN LOT LINE ADJUSTMENT PARCEL IN SEC. 9. T.10 S., R.88 W 6th P.M.. PITKIN COUNTY, CO. BY LINES IN SPACE SYDNEY LINCICOME (L.5 14 / / /) 67 GLENWOOD A 1/E. CARBONDALE. CO. 970- 963 -3852 DA TE 08/0//2013 SCALE.- /" - /00' JOB NO.: 13 -04 YOUNGMAN STATE OF COLORADO). )SS. COUNTY OF ). THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME THIS ge, DAY OF - - - N040,"JIS& .2013 BY PHILIP YOUNGMAN AND CHERYL MALONE, BY PHILIP YOUNGMAN, ATTORNEY -IN -FACT. 0 t � � WITNESS MY HAND AND OFF I IA SEA COMMISSION EXPIRES 1IC� 110 2644 MY NOTARY PUBLI THE NICHOLAS J, ZIEGLER REVOCABLE LIVING TRUST � \-, _ ... ...0 s '� _. X< t x, : i"S ...•, # Vii. YOUNGMAN PARCEL 0 ORIGINAL TIE: N 580 14'11" W p' 93 266 ' 2 /.I. N/ LOT L I /482 Sp. pp 9� o MOUNTAIN LION DRIVE eo Oo Cb 14, h 051 39 60 e 7 ° Cb A.3 �"' / LU 11 LOT L I NE BEING ADJUSTED 1314 ° ° ® ( o 0 200, 8 / � -- N •� N 68e % _ N p W 41) "�� �h 3�S 3��. p6 • / / �s O� • p3 ' 338 / 07 7 NEW TRUE POB N5/LOT LINE "�1 6 1% . 30, 9 a7 (bb g5 S ?,. LEGEND AND NOTES FOUND BRASS CAP 295.47 ' ALL EASEMENTS FOR TRACT B SHOWN ON THE FINAL PLAT OF WILD ROSE RANCH RECORDED FEBRUARY 3. 1983 IN PLAT BOOK 14 AT PAGE 33 ARE STILL IN EFFECT. Tract X41 LINE BEARING DISTANCE L I S 46053'04 "W 93.00' L 2 N 15000'30 "E 30.00' L 3 N 33058'00 "E 61.50' VHCCHNHTY MAP . (Ch bz?) V__0 VJ 9 T o 10 3 0 9 R o 8 8 W . 9 5 t h "P o M o •. 'lf v �e. v% RECEPTION #: 607253, 01/13/2014 at VASE 01:43:34 PM, 1 OF 1, R $11.00 Janice K. r tom° Vos Caudill, Pitkin County, CO PLAT BK 105 PG 86 THIS YOUNGMAN /ZIEGLER LOT LINE ADJUSTMENT PLAT HAS BEEN ACEPTED FOR FILING IN THE OFFICE OF THE CLERK AND RECORDER OF PITKIN COUNTY, COLORADO, ON THIS 1.�! DAY OF t 2013 A.D. IN PLAT BOOKI6.5 AT PAGE R& AS RECEPTION NO. Af SEAL, 4 k YOUNGMAN LOT LINE ADJUSTMENT PARCEL IN SEC. 9. T.10 S., R.88 W 6th P.M.. PITKIN COUNTY, CO. BY LINES IN SPACE SYDNEY LINCICOME (L.5 14 / / /) 67 GLENWOOD A 1/E. CARBONDALE. CO. 970- 963 -3852 DA TE 08/0//2013 SCALE.- /" - /00' JOB NO.: 13 -04 YOUNGMAN