Loading...
HomeMy WebLinkAboutpitkin.planning.264502203001, 264502203002DOCUMENT LAYOUT THIS FILE MAY OR MAY NOT CONTAIN ALL OF THE INFORMATION LISTED BELOW IN THE FOLLOWING ORDER Summary Sheet Resolution for the BOCC and/or P &Z Ordinance for the BOCC and /or P &Z Determination for the Hearing Officer Administrative Determination Staff Memo Application Public Notice, Acceptance Letter, Referral(s) Letter Site Plan Miscellaneous Plat(s) O7 PARCEL ID. 264511 3-001 26 " DATE4 # COPIi tl . - RCVD S: " "CASE NO 1978 � 022 0 � E CASE NAME: Biers Lot Split/Detailed Submission Planners PROJ ADDR: 2316 Snowmass Crk Rd Lot A Snowmass Crk 2502 Snowmass Crk Rd Lot OWN /APP: I Biers, Irving ADR� C /S /Z:� PHN: �- REP: A DR: C /S /Z: PHN: Email Addr ALLOCATED HOURS; FEES DU Ili REFERRALS MTG DATE REMARKS I no vesting CLOSED: BY: % OVER: REEF= F DUE: Y PH ii 1 OTICED DATE OF FINAL ACTION: "f No No No BOCC Reso: BOCC Ord: PZ: Staff Approval HRG OFF: HO INDEX: ADMIN: I PLAT RECORDED— PLAT (BK,PG):In /a ADMIN INDEX: I VR APPROVAL DATE: VR EXPIRES: CASE TYP: I Lot Split/Detailed Submission CASE TYP5: CASE TYP2: CASE TYPE: CASE TYP3: CASE TYP7: CASE TYP4: Date Scanned: F-- 3/20/2012 File Location: IFF Box #218 MEMORANDUM TO: Pitkin County Planning & Zoning Commission FROM: Richard Grice, Planning Office RE: Biers Lot Split /Detailed Submission DATE: August 27, 1980 The attached application is the detailed submission for the Biers Subdivision. The general submission wasapproved by the Board of County Commissioners in October, 1979-subject to the following conditions: 1. Provision of more specific descriptions of the grade and location of the existing access road, and 2. The opinion of a registered engineer regarding the load capacity and stability of the existing bridge, 3. Identification of the floodplai.n located on the southern side of Snowmass Creek, and its interaction with the existing improvements, and 4. Location of structures affecting the county road right of way, and 5. Designation on the plat of the geologically suitable lower flat bench identified by Nick Lampiris as the building envelope, and 6. Inclusion of a deed restriction against further subdivision, 7. Inclusion of easements for Holy Cross Electric and Mountain Bell, along with the appropriate language on the plat, and demonstration of the availability of adequate water, including its ownership and control, and 8. Submission of designs for engineered sewage disposal system, to the satisfaction of the County Sanitarian and the inclusion of plat lan- guage stating that dogs will not be allowed on the property since it abuts a critical elk winter range, with existing dogs to remain but others to be prohibited. REFERRAL AGENCY COMMENTS The County Engineer has indicated his approval of the engineering concerns which were identified at general submission. At this point, Pat has recommended approval subject to three conditions: I. Dedication of a recreational use easement and access easement for Snowmass Creek, and 2. Assignment of water rights to run with the land, and 3. Dedication of a road easement thirty feet northeast of the center line of the County Road in place, and 4. A driveway grading and alignment plan for access to Parcel B building site. The Division of Water Resources has indicated that Snowmass Creek is not over - appropriated and their office can issue well permits for individual domestic wells. They recommended approval of this subdivision. The plat indicates that a site - specific engineered sewage disposal system will be required prior to the issuance of a building permit. Bob Nelson has inci- cated that he has no problem with that technique for satisfying the general submission concern. Bob feels that all environmental health requirements F0. of FA related to water and sewage disposal have been satisfied and therefore has no further comments. PLANNING OFFICE COMMENTS We would like to note that the general submission approval was conditioned upon a prohibition against dogs for this property, rather than a requirement that the dogs be confined to the premises. This matter can be corrected prior to final plat. That is the only problem we have with the submission. We would therefore recommend your approval subject to the four conditions described above from the County Engineer, and subject to the final plat reflecting that dogs shall be prohibited on the property, with existing dogs to remain. 0 UOjO2 III M E M O R A N D U M pitkin county 506 east main street aspen, colorado 81611 TO: Richard Grice, Planning Office ' FROM: Patrick Dobie, County Engineer DATE: August 20, 1980 RE: Biers Lot Split I would recommend approval of this detailed submission subject to the following conditions: 1. Dedication of a recreational use easement and access easement for Snowmass Creek. 2. Assignment of water rights to run with the land. 3. Dedication of a road easement 30 feet northeast of the centerline of theAroadway in place. C,ov-%4`\ 4. A driveway grading and alignment plan for access to the parcel B building site. �13UU. to C4 ASPEN PITKIN ENVIRONMENTAL HEALTH DEPARTMENT MEMORANDUM TO: Richard Grice, Planning Office FROM: Bob Nelson, County Sanitarian RE: Biers Lot Split - Detailed Submission DATE: August 19, 1980 We have no further comments on this proposal. The statements in the submittal and the recorded requirements on the plat are acceptable and accurately reflect the position taken by the Department of Environmental Health on this subdivision. 130 South Galena Street Aspen, Colorado 81611 303/925 -2020 RICHARD D. LAMM Governor DIVISION OF WATER RESOURCES Department of Natural Resources 1313 Sherman Street - Room 818 Denver, Colorado 80203 Administration (303) 839 -3581 Ground Water (303) 839 -3587 July 30, 1980 Mr. Richard Grice Aspen /Pitkin Planning Office 130 South Galena Street Aspen, CO 81611 Re: Biers Lot Split Dear Mr. Grice: J. A. DANIELSON State Engineer We have reviewed the material submitted for the above referenced lot split. When we initially reviewed this proposal, we found that we could not recommend approval due to the fact that Snowmass Creek was considered over - appropriated (our letter of January 17, 1979). Since that time, we have re- evaluated the water availability on Snowmass Creek and now find that we could issue permits for individual domestic wells. Due to this, we recommend approval of the Biers Lot Split. Very truly yours, ,4Z ,n , i;� Hal D. Simpson, P.E. Chief, Water Management Branch HDS /GDV :mvf cc: Lee Enewold, Div. Eng. Ralph Stallman Land Use Comm. uuujub V7 co 0 N M 0 } W O > to cc m D V) 0 in 0 z J 0 .0 U w r 0 Eli N z w a- x V) gN � 3 W Z w J z W z J D V) z I• z a a an 0 z FX w w _z z w 0 0 Q 0 0 J W x 0 m a w z W a W QY J M co V tr 1- r July 21, 1980 I'ir. YaL Dube Pitkin County Engineer c/o Pitkin County Courthouse Aspen, Co 81611 RE: Snowmass Creek Bridge - Irving Biers Dear Mr. Dobie: At the request of Mr. Jim Reser, I have inspected the above re- ferenced bridge for the purpose of determining whether or net it has been constructed in conformance with our plans dated May 30, 1978. Based on my field inspection which was conducted on July 15, 1980, I have concluded that the bridge has been built in substantial com- pliance with our plans. The plans are for an HS -20 bridge. My only recommendation would be that the owner be requested to place steel bolts through the bottom steel anchor shoes at the base of the timber A -frame where the A -frame connects in to the abutment walls. Holes have been provided through the steel shoe but the bolts have not been installed. This investigation was limited to a visual observation only. Rein- forcing steel details in the bridge are not known in that the bridge was constructed without benefit of inspection by the undersigned. Please contact me if you have further questions in this matter. Sincerely) f Roger Hocking P. E. & L. S. RH/ j 1 w xc: Hr. Jim Reser �1`vUJJb ,ems J ••�GiSTeke'. ° %%/G�♦, Z 10049 AND ° w 1eHe►5o6110 Aspen/Pitk.i 130 s04 aspen; MEMORANDUM ning Of f ice treet 31611 TO: Colorado State Forest Service Bob Nelson, County Sanitarian Pat Dobie, County Engineer Jeris Danielson, Colorado Division of Water Resources Mountain Bell Holy Cross Electric FROM: Richard Grice, Planning Office RE: Biers Lot Split - Detailed Submission DATE: July 21, 1980 The attached information makes up the Biers Lot Split detailed submission portion of the subdivision procedure requesting approval for a lot split on on the Snowmass Creek property. This item is scheduled to come before the Pitkin County Planning and Zoning Commission on September 3, 1980; therefore, may I please have your written comments concerning this submission no later than August 21, 1980? Thank you. uUL;jJ l '1 i t iluu" J `3 3 Alpine Surveys Post Office Box 1/30 Aspen, Colorado 8161 1 303 9252688 July 10, 1980 Richard Grice Aspen /Pitkin County Planning Office 130 South Galena Aspen, Colorado 81611 Re: Dear Richard: Subdivision This is to accompany the detailed and final submission of the captioned subdivision and is in response to your memo dated Feb. 1, 1979 to the Pitkin County P. & Z. 1. Water. The Division of Water Resources has stated that a well permit can be issued for Tract B. No application has been filed since no immediate development of Tract B is contemplated. If you still feel that a permit is required, please let me know, and I will file an application. 2. Mountain Bell. The plat reflects the easement requested. 3. Sewage Disposal. Bob Nelson has done a site inspection and is satisfied that a workable system can be designed. The plat reflects that an engineered system will be required before a building permit is issued. 4. Wildfire. The lower building envelope was chosen to avoid building a firebreak. 5. Holy Cross. The easement requested is reflected on the plat. :I FA i�11�11t,�� Page 2 6. County Engineer. a. A plan and profile of the road is being furnished to Pat. b. The engineer who designed the bridge will report to Pat as to the load capacity. c. The flood plain is reflected on the plat. d. Improvements affecting the county road are reflected on the plat. 7. Future Subdivision. The plat reflects that none shall occur. 8. Dogs. The plat reflects that dogs -shall be restricted to the premises. I can't recall how this came out in the Board's resolution, but we will change the note if necessary. Please call if you have any questions. Sincerely yours, JFR /ml James F. Reser k MEMORANDUM TO: Board of County Commissioners FROM: Richard Grice, Planning Office RE: Biers Subdivision - General Submission DATE: April 2, 1979 This application seeks to split approximately 55 acres into two tracts, "Tract A" would be 14.542 acres and "Tract B" would be 40.648 acres. This property is located on Snowmass Creek across from the Monastery Retreat House. This area is zoned R -30 P.U.D. with one additional dwelling unit being allowed 1 _,for each separate parcel of land in existance as of the effective date of Resolution 77 -33 (June 9, 1977). The applicant and the Planning Office agree that the proposed division along Snowmass Creek is the most reasonable use of the land in light of the topography. Tract A at present contains one single family home occupied as the Biers residence and several outbuildings. This application was referred to 8 state and local agencies. As of the time of this writing, the most relevant of these comments have been returned to the Planning Office and are summarized as follows: The Division of Water Resources has stated that, "the Snowmass Creek is an over appropriated stream. Due to this a well permit cannot be issued for Tract A (14.542 acres) without a plan for augmentation. A permit could be issued for Tract B since the lot is greater than 35 acres in size. This permit would be issued for domestic purposes including irrigation of up to one acre of lawn or garden and could be used to serve no more than three single family dwellings." 2. Mountain Bell has reviewed the plats on the Biers general submission and found that they will require a utility easement in, over, under and across the access road as shown on the plat together with the existing easements previously granted to Mountain Bell and cited on the plat. Their requests should be followed on future submissions. 3. Bob Nelson expects few problems with a domestic water supply. Due to the weather, Bob has been unable to perform soil perculation tests. From mapping information available, Bob expects that the absorption rates may be rapid and present some pollution potential. Bob recommends that a site specific engineered sewage disposal system be designed to mitigate any problems of soils and a possible high seasonal ground water table. 4. John Denison of the Colorado State Forest Service has noted wildfire hazard related to the upper proposed homesite. John suggests a firebreak to be built across the slope above the homesite in the event this homesite is choosen. The Planning Office does not endorse the firebreak proposal. 5. Holy Cross Electric Association has commented that they have the capacity of serving Mr. Biers' property and ask only that a 20 foot wide powerline easement with course and distance description of the centerline of the powerline be granted to Holy Cross Electric for the existing powerlines. 6. Pat Dobie, County Engineer, recommends several conditions for approval of this general submission: "a. A more specific description of the grade and location of the existing access road; and b. The opinion of a registered engineer as to the load capacity and stability of the existing bridge; and 6U�ii0 �.r C. The appropriate location of the floodplain on the southern side of the Snowmass Creek should be shown and its interaction with existing improvements should be discussed; and d. Improvements in structures affecting the County road right -of -way should be shown." The CSU maps indicate that the upper homesite would be in a highly visual area. In addition, the CSU maps indicate most of Tract B to be protected lands, due to a variety of hazards including talus slope, alluvial fan, and close proximity to a wildlife habitat. However, due to the fact that we know there are suitable sites from a geologic point of view on the property we feel the general submission can be approved provided the indicated geologically suitable sites are designated as the building envelope. The Planning and Zoning Commission reviewed this application at their regular meeting on February 7, 1979 at which time they recommended approval subject to the following: 1. The lower flat bench identified by Nick Lampiris as being geologically suitable is designated on future submission plats as the building envelope, and 2. Future submissions should reflect a deed convenant against any future subdivision, and 3. The concerns expressed by the County Engineer in his memorancum to the Planning Office of January 29, 1979 are addressed on future submissions, and 4. Easements requested by Holy Cross Electric and Mountain Bell are to be shown on future plats by appropriate plat language, and 5. Demonstration shall be made of the availability of an adequate quantity and quality of water, its ownership and control, and 6. A proposal for engineered sewage disposal system shall be submitted to the satisfaction of the County Comet; and r., 7. Language shall appear on future plats such that dogs are to be contained when on the property, and 8. Plat shall indicate that a soils engineering study will be provided prior to the issuance of a building permit. r u0�U,Jl V. Alpine Surveys Post Office Box 1730 Aspen, Colorado 81611 303 9252688 December 27, 1978 Pitkin County Planning Office Attn: Richard Grice 130 S. Galena Aspen, Colorado 81611 Re: Biers Lot Split Dear Richard: V3 This is to accompany the materials necessary to apply for a property division under the provisions of Paragraph 3.01.08.d of Resolution 77 -33, Board of Pitkin County Commissioners. I believe that those materials are self explanatory and that the proposal itself is clear. During the pre - application conference, however, you asked that several problems be addressed, and that is the purpose of this letter. The problems raised and my comments are as follows: 1. Domestic Water Availability. The accompanying geological report by Dr. Lampiris indicates that water in sufficient quantity and of sufficient quality is available. The applicant has sufficient water rights to trade, if necessary, for domestic .rights. 2. Proposed Sewage Disposal Method. Dr. Lampiris states that a conventional septic tank - leach field system is reasonable and workable. We agree that such a system should be properly designed by a qualified engineer prior to installation. 3. Building Sites. Dr. Lampiris has chosen appropriate building sites, as shown on the accompanying map. We agree that,. before the final building site is chosen, a qualified soils engineer should verify that the site is free of geological constraints. 4. Access. The bridge and access road -to the 35 acr -a parcel is in place, and has been for some years. The vUv�11'2 P I Page 2 "recent construction" that Dr. Lampiris mentions was actually a reconstruction_ of the bridge, following damage caused by a loaded truck falling through it. The proposed lot split will not create an additional road cut since the road to the above mentioned bridge has been used for some years for access to the argricultural lands on the North side of Snowmass Creek. We view the further impact on this road by one more single family residence as minimal. 5. Impact on Agricultural Lands. It is apparent by inspection that no matter which final building site is chosen, the proposal will meet the requirements of the Land Use Code. 6. Dog Control. We recognize the proximity of game range to the property, and sympathize with the Commissioner's efforts to control dogs within the County. The applicant is willing therefore, to insure that dogs are not allowed on the property unless kenneled or otherwise confined. My notes do not reflect any other areas of concern, but please feel free to contact me if others arise or if clarification of these is required. Enc. JF R /ml Sincerely yours, J,aM, R s e r EMU Nicholas Lampiris, Ph.D. CONSULTING GEOLOGIST PO BOX 10935 ASPEN, COLORADO 81611 (303) 925 -6020 December 21, 1978 Mr. Irving Biers Post Office Box 248 Snowmass, CO 81654 Dear Mr. Biers: I have completed my investigation of that portion of your 55.19 acre tract which lies on the northeast side of Snowmass Creek. The parcel of interest is approximately 35 acres; about 20% of it is an open terrace situated above the floodplain of Snowmass Creek and at the base of a southwestern dipping slope (see accompanying map). The roughly triangularly shaped piece of property lies in the SW1 /4, SW1 /4, Section 35, T 8 S, R 86 W, and in the NW1 /4, NW1 /4, Section 2, T 9 S, R 86 W, of the Woody Creek 7 1/2 minute quadrangle, Pitkin County, Colorado. The geology of the property, according to the map of. the Woody Creek quadrangle by Val Freeman (1972), consists of a talus slope (containing blocks of Cretaceous age Dakota Sandstone from higher up the slope), a series of coalescing alluvial fans forming the fairly flat terrace, and the alluvium of the floodplain of Snowmass Creek. It is apparent on first hand inspection that the alluvial fan complex is an old feature no longer active as shown. The active fans are the three shown on the map of the parcel. The underlying bedrock is the Cretaceous age Mancos Shale but it lies well beneath the surficial deposits. There are no faults or other geologic hazards affecting the property. I have indicated the areas suitable for home sites on the map. As can.be seen the majority of the land suitable for homes lies on the terrace well above the floodplain of Snowmass Creek and away from the alluvial fans. One site is located on a bench on the talus slope above the terrace. This talus slope has developed a soil profile with sparse vegetation and therefore can be judged as stabilized. The other building sites should be aE least 10 feet back from the terrace bank to insure that minor sloughing does not affect the home. In all cases soils engineering studies for each site should be conducted prior to construction, especially since alluvial fan sediments, even old ones, are subject to hydro- compaction. It would be advisable for myself or another competent professional to check any final home sites to be sure that the alluvial fans have been avoided. t�� ii Mr. Irving Biers December 21, 1978 Page Two in Water for domestic use is probably available by drilling into the surficial deposits to a depth of about 50 feet. Waste disposal through the use of a leach field system should be easily adapted be- cause the soils in all parts of the tract will be permeable. A sanitation engineer should be consulted for his specific recommenda- tions. Access to the buildable sites will be from the county road to a bridge recently under construction over Snowmass Creek and then up to the terrace. The solitary site on the talus slope would have to be approached by a road traversing the talus slope from the east. It is my opinion that this tract has several very good sites for homes. The visual impact of most of these sites will be minor and the geologic environment contains no serious constraints. If there are further questions please do not hesitate to contact me. Sincerely, Nicholas Lampiris Consulting Geologist NL : abs Enclosure uU�JxS MEMORANDUM TO: Richard Grice, Planning Office FROM: Sandy Stuller RE: Irving Biers Lots Split DATE: September 16, 1979 Richard: Irving Biers was in my office late Friday to discuss his lot split application. It was my recollection (and cor- rect me if I am wrong) that the question arose, during the discussion, as to whether or not he was eligible for a lot split (limited to the creation of two single family homesites) inasmuch as, it appeared, that the approval would result in the creation of three lots. If that was the difficulty, he has satisfied me that no problem exists. It was assumed that Irving was the owner of two adjoining lots, one 35 acres, and another 55 acres, in size. If this were so, then the following recent amendment to the definition of subdivision would apply (Resolution 79 -54): (c) In the event that two or more contiguous parcels of land, previously separately conveyed (or described) shall come under single ownership, the division of such land into two (2) or more lots, tracts, sites, parcels, separate interests, interest in common, or other division, even if divided along the line of a previously described or conveyed parcel,, shall con- stitute a subdivision of land. Nothing herein shall be deemed to apply to a lot shown on any recorded subdivision plat, unless such subdivision plat shall not have received those approvals required by state of local law. If both parcels, then, had "merged ", then the effect of the lot split was to resubdivide the two, and create a new lot, resulting in a three lot subdivision. If, however, the lots had not merged, i.e., were not under single ownership, then the result of the lot split was merely to split the separate 55 acrea lot into two parcels; an activity (then) permitted under the expedited lot split procedure. Irving has supplied me with the two deeds conveying these parcels (attached). I am satisfied that the 55 -acre lot was separately conveyed to his corporation and the 35 -acre lot to himself; and done so at different times for different purposes (the former to start a tennis club; the latter for personal use). I can detect no attempt to circumvent our regulations (the merger theory,above, had not yet become a County policy). In addition, please note that both parcels exceed 35 acres; and, until December of 1974, parcels in excess of 35 acres were exempt from the subdivision regulations. There is one difficulty remaining. That is, the amendment of the lot split sections of the code now pertain only to agri- cultural lands. Inasmuch as Irving's application preceded this amendment and could have been properly and timely processed; I would suggest to the BOCC that he be permitted to proceed. 11U'uu.,_�i RICHARD D. LAMM GOVERNOR �oF o 0 #* 18T® �* COLORADO GEOLOGICAL SURVEY DEPARTMENT OF NATURAL RESOURCES 715 STATE CENTENNIAL BUILDING — 1313 SHERMAN STREET DENVER, COLORADO 80203 PHONE (303) 839 -2611 February 13, 1979 Mr. Richard Grice Aspen /Pitkin Planning Department 130 South Galena Street Aspen, CO 81611 Dear Mr. Grice: RE: BIERS LOT SPLIT - GENERAL SUBMISSION We have reviewed the preliminary plat and supporting documents for the proposed Biers Lot Split. From a geotechnical point of view there appears to be no reason why this application should not be approved. The recommen- dations of Mr. Lampiris should be adhered to by the developer. If we can be of further assistance, please contact our office. DCS /vt cc: Land Use Commission Sincerely, David C. Shelton Engineering Geologist GEOLOGY STORY OF THE PAST ... KEY TO THE FUTURE JOHN W. ROLD Director f � . om MEMORANDUM TO: Pitkin County Planning and Zoning Commission FROM: Planning Office, Richard Grice RE: Biers Subdivision - General Submission DATE: February 1, 1979 on This application seeks to split approximately 55 acres into two tracts, "Tract A" would be 14.542 acres and "Tract B" would be 40.648 acres. This property is located on Snowmass Creek across from the Monastery Retreat House. This area is zoned R -30 P.U.D. with one additional dwelling unit being allowed for each separate parcel of land in existance as of the effective date of Resolution 77 -33 (June 9, 1977). The applicant and the Planning Office agree that the proposed division along Snowmass Creek is the most reasonable use of the land in light of the topography. Tract A at present contains one single family home occupied as the Biers residence and several outbuildings. This application was referred to 8 state and local agencies. As of the time of this writing, the most relevant of these comments have been returned to the Planning Office and are summarized as follows: 1. The Division of Water Resources has stated that-"the Snowmass Creek is an over appropriated stream. Due to this a well permit cannot be issued for Tract A (14.542 acres) without a plan for augmentation. A permit could be issued for Tract B since the lot is greater than 35 acres in size. This permit would be issued for domestic purposes including irrigation of up to one acre of lawn or garden and could be used to serve no more than three single family dwellings." The Planning Office feels that the State Engineer has misunderstood the application to request two wells when it is our understanding that only one well will be necessary as the existing house already has a water supply. 2. Mountain Bell has reviewed the plats on the Biers general submission and found that they will require a utility easement in, over, under and across the access road as shown on the plat together with the existing easements previously granted to Mountain Bell and cited', on the plat. Their requests should be followed on future submissions. 3. Bob Nelson expects few problems with a domestic water supply. Due to the weather, Bob has been unable to perform soil perculation tests. From mapping information available, Bob expects that the absorption rates may be rapid and present some pollution potential. Bob recommends that a site specific engineered sewage disposal system be designed to mitigate any problems of soils and a possible high seasonal ground water table. 4. John Denison of the Colorado State Forest Service has noted wildfire hazard related to the upper proposed homesite. John suggests a firebreak to be built across the slope above the homesite in the event this homesite is choosen. The Planning Office does not endorse the firebreak proposal. 5. Holy Cross Electric Association has commented that they have the capacity of serving Mr. Biers' property and ask only that a 20 foot wide powerline easement with course and distance description of the centerline of the powerline be granted to Holy Cross Electric for the existing powerlines. %. R I 6. Pat Dobie, County Engineer, recommends several conditions for approval of this general submission: "a. A more specific description of the grade and location of the existing access road; and b. The opinion of a registered engineer as to the load capacity and stability of the existing bridge; and C. The appropriate location of the flood plain on the southern side of the Snowmass Creek should be shown and its inter- action with existing improvements should be discussed; and d. Improvements in structures affecting the County road right -of- way should be shown." The CSU maps indicate that the upper homesite would be in a highly visual area. In addition, the CSU maps indicate most of Tract B to be protected lands, due to a variety of hazards including talus slope, alluvial fan, and close proximity to a wildlife habitat. However, due to the fact that we know there are suitable sites from a geologic point of view on the property we feel the general submission can be approved provided the indicated geologically suitable sites are designated as the building envelope. We recommend general submission approval be conditioned upon the following items being satisfied at detailed submission: I. The lower flat bench identified by Nick Lampiris as being geologically suitable is designated on future submissions as the building envelope. 2. Future submissions should reflect a deed covenant against any future subdivisions. 3. The concerns expressed by the County Engineer in his memorandum to the Planning Office of January 29, 1979 are addressed on future submissions. 4. Satisfaction of the requests made by Holy Cross Electric Association and Mountain Bell. 5. Proof of water is furnished in the form of a well permit. 6. A proposal for an engineered sewage disposal system should be submitted to the satisfaction of the County Sanitarian. duU'319 "_... ` .. lncr_ J_ a r. , (3 copie living in the a _rr _ rt vicinity are thaC t:•,2re ri ill be Lic, r it __,' gats a.ft e - 8:30 p, m. , except when it is not yet dark. McCoy felt the: Baa,d. s'.zouid rc as much is they can to remove hindrances such as these fres s'r travel. Kinsley asked how many weeks of the year this would allow flights after, 8:30 p.m. :McCoy estimated it would be in effect four to five weeks during July and August. Ochs pointed out that there is a problem with enforcing the present regulations, since it is still light, however pilots are pre- vented from taking off or larding. McCoy felt it would be much easier to substantiate a curfew based on darkness; he added that without this amendment, there will be many curfew violations occurring during summer months. Child suggested a compromise, allowing flights until one -half hour after sunset, but prohibiting any flights after 9:00 p.m. Edwards said he would support the resolution as drafted because of the enforceability problems now occurring. Kinsley moved approval of the resolution. Edwards seconded and the motion passed with opposition from Child. 'ublic The Board convened a public hearing to consider an application for exemption from the searing: & Y non- conforming use n_rovision of the Code by K & Y Partnership. Jolene Vrchota, of ion -con- .orming the Planning Office, explained this involves a non - conforming fourplex located at the fse :xemption base of the Gataway of Snowmass subdivision. The fourplex has existed as a source of rental employee housing for approximately eight years. Vrchota reminded the Board that when they considered non - conforming uses last spring, they looked at any hazardous conditions associated with the use, and at mechanisms for the preservation of the exist- ing employee housing supply. No hazardous conditions are associated with this applica- tion, and Housing Director Mark Danielsen has recommended that six -month minimum leases be required. The P & Z has recommended approval with Danielsen's suggested condi- tion. Vrchota subn._tted for the record the Planning Office memorandum, the application, and the P & Z resolution, and, by reference, the Land Use Code with all amendments to date. There was no public comment. Kinsley moved approval of the exemption from the non - conforming use provision, with a six -month minimum lease restriction. Child seconded.and the motion passed unanimously. iers The Board again considered the general submission application for the Irving Biers )t alit lot split. Richard Grice, of the Planning Office, noted that this matter was previously ?neral ibmission considered at a public hearing in May, but action was tabled at that time pending determination of the issue concerning an adjoining parcel under the same ownership which ,mmissioners Meeting UUUU20 October 9, 1979 - 2 included in the application. sc__11er -leas- reviewed the deeds and f0ulld i. r t• �5 acre parcel in question was separately conveyed prior to the adoption of suh_. d_'vision regulations relating to tracts of 35 acres or larger. In addition, the tract: s-conveyed to a separate corporate ownership, while the remainder of the property is held in Biers' name. - Stuller pointed out that it -is critical to note that-the parcel was acquired by a corporation specifically established for the creation of a tennis club on the tract; both parcels are over 35 acres and were acquired prior to institution of subdivision regulations which would relate to tracts of that si za. Grice noted that the Code has been amended since the initial consideration in May of 1979, to allow lot splits only for agricultural operations, however the Planning Office feels that since the application was made under regulations which would allow lot splits in this instance, the application should be considered under the regulations that were in -effect at the time. Edwards disagreed, stating the law in existance at the time of th-e Board's action should apply. - Kinsley agreed with Grice, noting that it was the _- Board's considerations regarding ownership that caused the initial delay. Child added that the Board would have acted favorably on the application,in May, -but did not proceed because of the ownership question. Edwards pointed out that a' proposed Code amendment Concerning lot splits will -be considered this afternoon, and suggested the Board table action until that issue has been resolved. He stated he would have a problem with approving an application today under a regulation that no longer exists. Stuller felt the critical point is the date of application; the Board, at their discretion, may apply a previously- existing law if it was in -force at the time of appli- cation. In the past, the Commissioners have adopted administrative delays to prevent applications under a regulation that is being proposed for an amendment, however that, too, is at their discretion. Kinsley moved approval of the general submission appli- - cation with the following conditions: provision of more specific descriptions of - -the grade and location of-the existing access - road -;- the opinion of -a registered - engineer- regarding the load capacity and stability of the existing bridge; identifica- tion of the floodplain location on -the- southern side-of Snowmass - Creek, and its inter- - action with the existing improvements;- locat-ion-of- structures a.f-fecting the--Count -`road -right -of -way; designation on the plat of the geologically suitable lower flat bench identified by Nick Lampiris -as -the building envelope * - inclusion of-a deed cove- nant against future subdivision; inclusion -of easements for Holy -Cross Electric and --Mountain Bell, -along with- appropriate language, on -the plat; demonst- ration of..the c'aVailibility of-adequate water.- including -its ownership and control; submission of designs for an engineered sewage.disposal system, to the satisfaction of the County omuliss loners Meeting Lj Li U, 1 October 9, 1979 - 3 Public ie-aring: Elam Vagneur Pit j: lat l.a nj;uage stating the t dogs wi.l d '�e ;r.•Cr;QI*tyy. o c', lan {;u age stati that a soils en ineeri.ng study will be ;rrvicied *c, t`.e- issuance of a building permit. Child felt no dogs should be pa mitted on the property, since it abuts a critical elk winter range. Kinsley agreed to allow the existing dogs to remain, but prohibit any others. Child seconded the motion as amended, and the motion passed with opposition from Edwards. Grice noted that Bob Nelson has reviewed a Lincoln- DeVore report on the sewage system, and expects no problem with the proposal. The Board convened a public hearing to consider a special review application for a sand and gravel operation, and a general submission application for subdivision, sub- mit•ted by Elam Construction. Joe Wells, of the Planning Office, noted that a rehearing of this matter is necessary due to a faulty public notice published for the previous public hearing. He submitted the following items to the record: letters and memo- randums from the Aspen Kayak Club, Mount Sopris Soil Conservation District, Colorado Geological Survey, Hal Clark, Bob Nelson, Patsy Newbury, Mark Danielsen, Mark Fuller, Musick, Williamson, Schwartz, Leavenworth and Cope, Pat Dpbie, Stanley Natal; along with Planning Office memorandums, the general submission.application, correspondence from Hal Clark, P & Z resolution 479 -6, Agreements #57(79) and 58(79), Board of County Commissioner minutes from previous discussions, the proof of publication, and incor- porated by reference the Aspen Area Master Plan and'Land Use Code as amended. He re- ported that included in the packet for today's meeting is a revised agreement with Elam including the following changes: the five year approval would begin October 9, 1979, with a condition for extension if the regulations are amended to allow permits for a period longer than five years; additional exhibits have been added; -the access road dedication: regsirer-2nt has been dropped; the air pollution performance standards have been amended to require Elam to meet the State or County standards, whichever is more stringent; the addition of language stating the application must meet the Land Use Code requirements concerning water supply before final approval; no duplicate State and County bonds are required at this point, however the Board could require additional bonding at a later date if necessary; and Elam's participation in County road improve- ments is clarified. The Planning Office recommends that if the Board determines to grant approval to the sand and gravel application, they also grant approval to the sub- division application. Kinsley noted that recent budget sessions have indicated the situation in the Road and Bridge department is bad, and asked if that would alter the ;omiiissioners Meeting uuGj2_2 October 9, 1979 - 4 JAN 74 - r7 a 14 ?b3 aj!.resses 0r`..' tiandred 1)011ars, -""-Y t') IRVING itkin the County A 0 n TR-8311 4 whence the 761.�. S 89a 48'19" 93 feet; 23 " W. Cori- ro f P-11 is ti 60 -font side do of the -road whence G: ti- the northwest' : -elnterline of corner Of said said 2 bears 4(056'4 W. 2791 55036'4611 1-1. 447.92 8 to .61 feet* th.... 203.42 f feLt, Section ?'4 eet; thenr--- N ' thence Iq 5 :, ', -' ? 6403815p, Containing .1 . Ir'J aor'-IS, , rR iS3611 W. 272.81 feet; The above- describe zJrO or net, More or .Ss.(1 tract CODta4 Along with: containing n5-002 acres (a) .70 C.p.r 0, NO- 4 (Di the an 377) ICIM-13 lei tCh with Zqpprop,- J L Of 4 Ch wi-'t'.'- - Priori _) r.. S. f1: J s de ri v(, (I fro, S' Dr i.n rjo, C. ap- it I at 541. BOOK !b) Right -of_ Telegraph Co. way to M, ntaii. Sta recorded tes Tel and (c) Right -of -wa in Book 151 at Page 43. Y for existing C> >snty Road. (d) Taxes for the year 197 subsequent Years. payable in 1974, and (e) Any tax assessment e inclusion the of the property in the or charges y reason b of District lwo,nt S° and the Basalt Pris Soil Co. (f) Restrictive and Rural �serva_ Page 9i2SIGNED covenants recodedei�rOtection District. this 4�� k 276 at t. day of December, 1973. OGDEN CECEL�A.Sp,,114—Zto 6TA i''c UP On�HO�tilrl ) `'- - COUNTY Off, ) SS. Th foregoing instrument ument - day of Deo,n, ,ber was acknowledged before me E. ,� 1973, by FlEi,EN I,. this �i �.aH. arn�:N and CECELIA A. ��Y CO7�' i cn expires �. uU AL7 A Owner's Po: icy —For in 11 — Amended 10.17 -70 �r eF.�t r.t o .f• ►.F. r` i r•;t {: "C' , e 7 ,.. C .:_a4 a.�•• • �t "1 s: 1r1�: dr, X , `L-. ►> -+-rS ���}�. •r,r,,y .o•..� `", �...` ��±, n, y: ��` ia"' �✓ �. h" �•:." �, v��+ �' y✓ �%_a�.- .- ., ✓��"r.°�r%•¢- i,:3;' POLICY OF TITLE INSURANCE ISSUED BY c?`"' ,. rrfl 4 1► R, f v y °z x GUARANTY COMPANY SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS CONTAINED IN SCHEDULE B AND THE PROVISIONS OF THE CONDITIONS AND STIPULATIONS HEREOF, STEWART TITLE GUARANTY COMPANY, a corporation of Galveston, Texas, herein called the Company, insures, as of Date of Policy shown in Schedule A, against toss or damage, not exceeding the amount of insurance stated in Schedule A, and costs, attorneys' , . fees and expenses which the Company may become obligated to pay hereunder, sustained or incurred by the insured by to reason of: 1. Title to the estate or interest described in Schedule A being vested otherwise than as stated therein; 2. Any defect in or lien or encumbrance on such title; or 3. Lack of a right of access to and from the land. 4. Unmarketability of such title IN WITNESS WHEREOF, Stewart Title Guaranty Company has caused this policy to be signed and sealed by its duly authorized officers as of Date of Policy shown in Schedule A. rr . `l v''�\I LE CU49 Countersigned: 0 § Q : ptlPOP4 ?H: 1908 0\ ��CA F/r/ �1���� / �•ummn' Authorized Countersiglfa;dre SCHEDULE OF EXCLUSIONS r'ROM COVERAGE g =�•, - sdr Y The following matters are expressly excluded from the coverage of this policy: 1. Any law, ordinance or governmental regulation (including but not limited to building and zoning ordinances) restricting or regulating or s ' prohibiting the occupancy, use or enjoyment of the land, or regulating the character, dimensions or location of any improvement now or r „+ hereafter erected on the land, or prohibiting a separation in ownership or a reduction in the dimensions or area of the land, or the effect t �. of any violation of any such law, ordinance or governmental regulation. otice of the exercise of such rights appears in the public 2. Rights of eminent domain or governmental rights of police power unless n records of Date of Policy. 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 and not shown by the public records but known to the insured claimant either at Date of Policy or at the date such claimant acquired an estate or interest insured by this policy and not disclosed in writing by thc, insured claimant to the Company prior to the date such insured claimant became an insured hereunder; (c) resulting in no loss or damage to the insured claimant; (c!) t_,l „� attaching or created subsequent to Date of Policy; or (e) resulting in loss or damage which would not have been sustained it the insured claimant had paid value for the estate or interest insured by this policy. ry Ac_.�.•;= :%.' -'= Pale 1 of ^{ Policy Serial No. J `u. �- V v« -�}- �y.i`w Yom..' :'•.1` ZV.,.t1j'�i.•'�' " "y'. /k� �.` GUARANTY COMPANY Chairman {:'4 President , SCHEDULE OF EXCLUSIONS r'ROM COVERAGE g =�•, - sdr Y The following matters are expressly excluded from the coverage of this policy: 1. Any law, ordinance or governmental regulation (including but not limited to building and zoning ordinances) restricting or regulating or s ' prohibiting the occupancy, use or enjoyment of the land, or regulating the character, dimensions or location of any improvement now or r „+ hereafter erected on the land, or prohibiting a separation in ownership or a reduction in the dimensions or area of the land, or the effect t �. of any violation of any such law, ordinance or governmental regulation. otice of the exercise of such rights appears in the public 2. Rights of eminent domain or governmental rights of police power unless n records of Date of Policy. 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 and not shown by the public records but known to the insured claimant either at Date of Policy or at the date such claimant acquired an estate or interest insured by this policy and not disclosed in writing by thc, insured claimant to the Company prior to the date such insured claimant became an insured hereunder; (c) resulting in no loss or damage to the insured claimant; (c!) t_,l „� attaching or created subsequent to Date of Policy; or (e) resulting in loss or damage which would not have been sustained it the insured claimant had paid value for the estate or interest insured by this policy. ry Ac_.�.•;= :%.' -'= Pale 1 of ^{ Policy Serial No. J `u. �- V v« -�}- �y.i`w Yom..' :'•.1` ZV.,.t1j'�i.•'�' " "y'. /k� �.` ,zoo CONDITIONS AND STIPULATIONS 1. DEFINITION OF TERMS The following terms when used in this policy mean: (a) "insured ": the insured named in Schedule A, and, subject to any rights of defenses the Company may have had against the named insured, those who succeed to the interest of such insured by operation of law as distinguished from purchase including, but not limited to, heirs, dis- tributees, devisees, survivors, personal representatives, next of kin, or corporate or fiduciary successors. (b) "insured claimant ": an insured claiming loss or damage hereunder. (c) "knowledge ": actual knowledge, not constructive knowledge or notice which may be imputed to an insured by reason of any public records. (d) "land ": the land described, specifically or by reference in Schedule A, and improvements affixed thereto which by law constitute reel property; provided, however, the term "land" does not include any property beyond the lines of the area specifically described or referred to in Schedule A, nor any right, title, interest, estate or easement in abutting streets, roads, avenues, alleys, lanes, ways or waterways, but nothing herein shall modify or limit the extent to which a right of access to and from the land is insured by this policy. (e) "mortgage ": mortgage, deed of trust, trust deed, or other security instrument. (f) "public records ": those records which by law impart constructive notice of matters relating to said land. 2. CONTINUATION OF INSURANCE AFTER CON- VEYANCE OF TITLE The coverage of this policy shall continue in force as of Date of Policy in favor of an insured so long as such insured retains an estate or interest in the land, or holds an indebtedness secured by a purchase money mortgage given by a purchaser from such insured, or so long as such insured shall have liability by reason of covenants of warranty made by such insured in any transfer or conveyance of such estate or interest; provided, however, this policy shall not continue in force in favor of any purchaser from such insured of either said estate or interest or the indebtedness secured by a purchase money mortgage given to such insured. 3. DEFENSE AND PROSECUTION OF ACTIONS — NOTICE OF CLAIM TO BE GIVEN BY AN INSURED CLAIMANT (a) The Company, at its own cost and without undue delay, shall provide for the defense of an insured in all litigation consisting of actions or proceedings commenced against such insured to the extent that such litigation is founded upon an alleged defect, lien, encumbrance, or other matter insured against by this policy. (b) The insured shall notify the Company promptly in writing (i) in case any action or proceeding is begun as set forth in (a) above, (ii) in case knowledge shall come to an insured hereunder of any claim of title or interest which is adverse to the title to the estate or interest as insured, and which might cause loss or damage for which the Company may he liable by virtue of this policy. If such prompt notice shall not be given to the Company, then as to such insured all liability of the Company shall cease and terminate in regard to the matter or matters for which such prompt notice is required; provided, however, that failure to notify shall in no case prejudice the rights of any such insured under this policy unless the Company shall be prejudiced by such failure and then only to the extent of such prejudice. (c) The Company shall have the right at its own cost to institute and without undue delay prosecute any action or proceeding or do any other act which in its opinion may be necessary or desirable to establish the title to the estate or interest as insured, and the Company may take any appropriate action under the terms of this policy, whether or not it shall be liable thereunder, and shall not thereby concede liability or waive any provision of this policy. (d) Whenever the Company shall have brought any action or interposed a defense as required or permitted by the provisions of this policy, the Company may pursue any such litigation to final determination by a court of competent jurisdiction and expressly reserves the right, in its sole discretion, to appeal from any adverse judgment or. order. (e) In all cases where this policy permits or requires the Company to prosecute or provide for the defense of any action or proceeding, the insured hereunder shall secure to the Company the right to so prosecute or provide defense in such action or proceeding, and all appeals therein, and permit the Company to use, at its option, the name of such insured for such purpose. Whenever requested by the Company, such insured shall give the Company all reasonable aid in any such action or proceeding, in effecting settlement, securing evidence, obtaining witnesses, or pros- ecuting or defending such action or proceeding, and the Company shall reimburse such insured for any expense so incurred. 4. NOTICE OF LOSS — LIMITATION OF ACTION In addition to the notices required under paragraph 3(b) of these Conditions and Stipulations, a statement in writing of any loss or damage for which it is claimed the Company is liable under this policy shall be fu.,iisheo to the Company within 90 days after such loss or damage shall have been determined and no right of action shall accrue to an insured claimant until 30 days after such statement shall have been furnished. Failure to furnish such statement of loss or damage shall terminate any liability of the Company under this policy as to such loss or damage. 5. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS The Company shall have the option to pay or otherwise settle for or in the name of an insured claimant any claim insured against or to terminate all liability and obligations of the Company hereunder by paying or tendering payment Of the amount of insurance under this policy together with any costs, attorneys' fees and expenses incurred up to the time of such payment or tender of payment, by the insured claimant and authorized by the Company. (continued and concluded on last page of this policy) AL_TA OWNER'S POLICY — Arner SCHEDULE A Order No.: 4936 —C2 Date of Policy: June 16, 1973 @ 8:00 a.m. Policy No.: 0 182635 Amount of Insurance: S 225,714.00 1. Name of Insured: SNOWMASS CREEK PROPERTIES, INC. , a Colorado Corporation. 2. The estate or interest in the land described herein and which is covered by this policy is: in fee simple. 3. The estate or interest referred to herein is at Date of Policy vested in: SNOWMASS CREEK PROPERTIES, INC., a Colorado Corporation. 4. The land referred to in this policy is described as follows: DESCRIPTION SET FORTH PAGE 2A. � UGJ.0 i t . . .. Page 2 %..,1'i' 1.. `iVIk 111 '1' '1' I ,r 1 GUARANTY Continuation Form 203 -A 4-PT. Attached to and made a part of Stewart -title Guaranty Company Policy No. 0 182635 Continuation of Schedule A A tract of land situated in Tracts 82 and 83, Sections 34 and 35, Township 8 South Range 86 West and in Section 2, Township 9 South, Range 86 West and in the Northeast quarter of the Northeast quarter of Section 3, Township 9 South, Range 86 West of the Sixth Principal Meridian, Pitkin County, Colorado, being more fully described -as follo Beginning at a point described as the AP 1 of said Tract 83; thence South 00 °12'23" East 2149.90 feet along the Easterly line of said Tract 83 and an extension thereof to a point on the Northerly edge of a County Road; thence North 55 003147" West 522.37 feet along the Northerly edge of said County Road; thence North 59 °35'48" West 511.83 feet along the Northerly edge of said County Road; thence North 68 039'05" West 595.56 feet along the Northerly edge of said County Road; thence North 11 °06108" East 292.87 feet; thence North 02 °28'10" East 238.39 feet; thence North 02 °55'02" West 90.56 feet to AP 3 of said Tract 82, also AP 3 of said Tract 83; thence North 00 °47'40" West 323.24 feet along line 3 -2 of said Tract 83, to the cente3 of Snowmass Creek; thence North 30 033'00" West 331.37 feet along the center line of Snowmass Creek; thence North 44 °50'00" East 230.00 feet more or less to AP 6 of Tract 75, Township 8. South, Range 86 West; thence South 87 °48'07" East 42.16 feet to AP 7 of said Tract 75; thence South 89 031'02" East 1323.24 feet along the Northerly line of said Tract 83 to point of beginning. County of Pitkin, State of Colorado. Page 2A. lit�VJG� i SCHEDULE B Policy No.: 0 182635 This policy does not insure against loss or damage by reason of the following: 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. Encroachments, overlaps, boundary line disputes, or other matters which would be disclosed by an accurate survey or inspection of the premises. 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. Community property, dower, curtesy, survivorship, or homestead rights, if any, of any spouse of the insured. 6. Any titles or rights asserted by anyone including but not limited to persons, corporations, governments or other entities, to tide lands, or lands comprising the shores or bottoms of navigable rivers, lakes, bays, ocean or gulf, or lands beyond the line of the harbor or bulkhead lines as established or changed by the United States Government or water rights, if any. 7. Reservations contained in Patent from the United States of America or State where the land described in Schedule A is located. 8. Restrictive Covenants affecting the property described in Schedule A. 9. Taxes for the year 19 73 and thereafter. and any special assessments or charges not yet certified to the office of the County Treasurer. 10.The 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, as reserved in United States Patent recorded in Book 55 at page 314. (The Company hereby insures the insured against any and all loss or damage to the improvements resulting from the use or exercise of the right, if any, to enter upon the surface as reserved therein.) ll.The 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, as reserved in United States Patent recorded in Book 55 at page 320. (The Company hereby insures the insured against any and all loss or damage to the improvements resulting from the use or exercise of the right, if any, to enter upon the surface as reserved therein.) 12.Rights of way as granted to Mountain State Telephone and Telegraph Company as set forth in instrument recorded January 23, 1920 in Book 151 at page 43. 13.Any tax, assessment, fees or charges by reason of the inclusion of subject property in Mt. Sopris Soil Conservation District and Basalt and Rural Fire Protection District. :; W. !" i 14.Deed of Trust from Snowmass Creek Properties, Inc., a Colorado Corporation to the Public Truste160f257t00ndatedtJunerl5heI973 and Hrecorded June 15a Cecelia A. 1973 in Spear to secure $ , Book 276 at page 915. 15_Restrictions, which do not contain a forfeiture or reverter clause, but omitting restrictions, if any, based on race, color, religion or national origin, as containe, in instrument recorded June 15, 1973 in Book 276 at page 912. Page GVARARTY CO?11'A \Y ..CONDI% .NS AND STIPULATIONS Contim (ck cued and concluded from reverse side of Policiface) 6. DETERMINATION AND PAYMENT OF LOSS (a) The liability of the Company under this policy shall in no case exceed the least of: (i) the actual loss of the insured claimant; or (ii) the amount of insurance stated in Schedule A. (b) The Company will pay, in addition to any loss insured against by this policy, all costs imposed upon an insured in litigation carried on by the Company for such insured, and all costs, attorneys' fees and expenses in litigation carried on by such insured with the written authorization of the Company. 7. LIMITATION OF LIABILITY No claim shall arise or be -maintainable under this policy (a) if the Company, after having received notice of an alleged defect, lien or encumbrance insured against hereunder, by litigation or otherwise, removes such defect, lien or encumbrance or establishes the title, as insured, within a reasonable time after receipt of such notice; (b) in the event of litigation until there has been a final determination by a court of competent jurisdiction, and disposition of all appeals therefrom, adverse to the title, as insured, as provided in paragraph 3 hereof; or (c) for liability voluntarily assumed by an insured in settling any claim or suit without prior written consent of the Com- pany. 8. REDUCTION OF LIABILITY All payments under this policy, except payments made for costs, attorneys' fees and expenses, shall reduce the amount of the insurance pro tanto. No payment shall be made without producing this policy for endorsement of such payment unless the policy be lost or destroyed, in which case proof of such loss or destruction shall be furnished to the satisfaction of the Company. 9. LIABILITY NONCUMULATIVE It is expressly understood that the amount of insurance under this policy shall be reduced by any amount the Company may pay under any policy insuring either (a) a mortgage shown or referred to in Schedule B hereof which is a lien on the estate or interest covered by this policy, or (b) a mortgage hereafter executed by an insured which is a charge or lien on the estate or interest described or referred to in Schedule A, and the amount so paid shall be deemed a payment under this policy. The Company shall have the option to apply to the payment of any such mortgages any amount that otherwise would be payable hereunder to the insured owner of the estate or interest .covered by this policy and the amount so paid Shall be deemed a payment under this policy to said insured owner. if the amount of insurance under this policy was divided pro rata as to the value on Date of Policy of each separate parcel to the whole, exclusive of any improvements made subsequent to Date of Policy, unless a liability or value has otherwise been agreed upon as to each such parcel by the Company and the insured at the time of the issuance of this policy and shown by an express statement herein or by an endorsement attached hereto. 11. SUBROGATION UPON PAYMENT OR SETTLE- MENT Whenever the Company shall have settled a claim under this policy, all right of subrogation shall vest in the Company unaffected by any act of the insured claimant. The Company shall be subrogated to and be entitled to all rights and remedies which such insured claimant would have had against any person or property in respect to such claim had this policy not been issued, and if requested by the Company, such insured claimant shall transfer to the Company all rights and remedies against any person or property necessary in order to perfect such right of subrogation and shall permit the Company to use the name of such insured claimant in any transaction or litigation involving such rights or remedies. If the payment does not cover the loss of such insured claimant, the Company shall be subrogated to such rights and remedies in the proportion which said payment bears to the amount of said loss. If loss should result from any act of such insured claimant, such act shall not void this policy, but the Company, in that event, shall be required to pay only that part of any losses insured against hereunder which shall exceed the amount, if any, lost to the Company by reason of the impairment of the right of subrogation 12. LIABILITY LIMITED TO THIS POLICY This instrument together with all endorsements and other instruments, if any, attached hereto by the Company is the entire policy and contract between the insured and the Company. Any claim of loss or damage, whether or not based on negligence, and which arises out of the status of the title to the estate or interest covered hereby or any action asserting such claim, shall be restricted to the provisions and conditions and stipulations of this policy. No amendment of or endorsement to this policy can be made except by writing endorsed hereon or attached hereto signed by either the President, a Vice President, the Secretary, an Assistant Secretary, or valiclating officer or authorized signatory of the Company. 13. NOTICES, WHERE SENT All notices required to be given the Company and any statement in writing required to be furnished the Company shall be addressed to it at its main office, P. O. Box 2029, Houston, Texas 77001. 10. APPORTIONMENT 14. The premium specified in Schedule A is the entire If the land described in Schedule A consists of two or charge for acceptance of risk. It includes charges for more parcels which are not used as a single site, and a loss is title search and examination if same is customary or established affecting one or more of said parcels but not all, required to be shown in the state in which the policy is the loss shall be computed and settled on a pro rata basis as issued. Valid Only If Schedules A and B are Attached. (l S 11, 1'1 �f1 a� �o ��� 11 �1 T , �� u GVA1(AN*•ry cONIP.ILNr Zm LLJ LL :vl 0 ak- 0 CL FM 04 Co i4 ;- (.0 0 co W >- C/3 —i cr_ —i < LLJ 0o Lu i- (0 (D (j) 2 < z z :D < < 0 -T F 2i UJ F— >- P,J W Z cc 0 0 0 0 0 or_ t -u 0 W U- �5- w UL U) •Pl. W m cr- w z UUUJ31 >- C/3 —i cr_ —i < LLJ 0o Lu i- (0 (D (j) 2 < z z :D < < 0 -T F 2i UJ F— >- P,J W Z cc 0 0 0 0 0 or_ t -u 0 W U- �5- w UL U) •Pl. L Jim „ �—� ✓\ ` \ �: \� E31, 1 1 � 7153 \ O \ '•Z_ /. �. •�_ - Bill -'�7.100 7274 ;\ 7 356 NO VICINITY MAP cl �,,y, Ii`la "./ 1'\ t- � I ,✓ _- _'_� \mow j 32 P I T K I N C 0 U N T X 506 E. MAIN STREET ASPEN, COLORADO 81611 M E M O R A N D U M TO: Richard Grice, Planning Office FROM: Patrick Dobie, County Engineer DATE: January 29, 1979 RE: Biers Lot Split As part of this general submission, I feel the following additional information is needed: 1) A more specific description of the grade and location of the existing access road; 2) The opinion of a registered engineer as to the load capacity and stability of the existing bridge; 3) The approximate location of the flood plain on the southerly side of Snowmass Creek should be shown and its interaction with existing improvements should be discussed; 4) Improvements and structures affecting the County road right -of -way should be shown. UUUJ33 HOLY CROSS .ELECTRIC ASSC�..�.IATION, 1301 GRAND AVENUE P.O. DRAWER 250 GLENWOOD SPRINGS, COLORADO 81601 January 26, 1979 Aspen /Pitkin Planning Dept. 130 South Galena Street Aspen, Colorado 81611 RE: Biers Lot Split Gentlemen: Holy Cross Electric Association has the capacity of serving Mr. Biers property and asks only that a twenty foot wide power line easement with course and distance description of the centerline of the power line be granted to Holy Cross Electric for the existing power lines. Sincerely, HOLY CROSS ELECTRIC ASSOCIATION, INC. .0 /John R. Spangler, Engineer JRS:lsz Uv�J�1 INC. AREA CODE 303 945 -5491 945 -6056 *2 P I T K I N C U N T Y 506 E. MAIN STREET ASPEN, COLORADO 81611 T0: Richard Grice, Planning Office FROM: Bob Nelson, County Sanitarian i DATE: January 24, 1979 RE: Biers Lot Split This office has completed a review of the referenced proposal for the purpose of completing an evaluation of the water supply, sewage disposal and environmental impacts. Water is to be supplied from a well and preliminary geologic reports indicate water is "probably available by drilling into surficial deposits to a depth of about 50 feet." A review of well permit records from the Groundwater and Geologic Resource Map prepared for the Colorado Geologic Survey by F.M. Fox and Associates indicate that wells in the vicinity range in depth from 46 to 120 feet and yield 8 to 20 gallons per minute. The Wright Water Engineers Groundwater Resource Maps also indicate that this property is in an area of major alluvial groundwater recharge. We would anticipate few problems 1 %rith a domestic water supply. The soil conditions of selected building sites on the northerly lot generally appear to be suitable for a conventional individual sewage disposal system from mapping information available. Site specific testing of soil percolation rates and location of groundwater tables at high season should be accomplished when weather permits. We would expect that absorption rates may be rapid and present some pollution potential. The southerly tract could prove unacceptable for a con- ventional individual sewage disposal system due to the small change in elevation above the creek bottom and the anticipated permeable gravels and rock below the surface. If this proposal is approved, we would recommend that a site specific engineered system designed to mitigate any problems of soils and a possible high seasonal groundwater table be submitted to our office for review and proposal. Other environmental impacts are anticipated to be minimal, and the water pollution impacts due to the proximity to Snowmass Creek can be mitigated with proper construction techniques during the site preparation phase. J. C. Kilmer , SR /WA Right -of -Way Agent January 22, 1979 Richard Grice Aspen / Pitkin County Planning Office 130 South Galena Aspen, CO 81611 Re: Biers Lot Split - General Submission Dear Mr. Grice, Mountain Bell PO Box 2688 Grand Junction, Colorado 81501 Phone(303)243 -8011 We have reviewed the plat on the Biers Lot Split and found that we will require a Utility Easement in, over, under and across the access road as shown on the plat together with the existing easements previously granted to Mountain Bell and sited on the plat, as recorded in Book 151, Page 143 of the official records of the Clerk and Recorder of Pitkin County, State of Colorado. We appreciate the opportunity of being able to review this plat. Very truly yours, C. Kilmer, SR /WA Right -of -Way Agent cc: Irving Biers Alpine Survey Tri -Co Management, Inc. Pitkin County Commissioner Bill McDaniel, Mountain Bell Nick Marquez, Mountain Bell Enclosure JCK /jlh i J 'v RICHARD D. LAMM Governor •C O lgg6 DIVISION OF WATER RESOURCES Department of Natural Resources 1313 Sherman Street - Room 818 Denver, Colorado 80203 Administration (303) 839 -3581 Ground Water(303)839 -3587 January 17, 1979 Mr. Richard Grice Aspen /Pitkin Planning Office 130 South Galena Street Aspen, CO 81611 Re: Biers Lot Split Dear Mr. Grice: C.J. KLIIPER State Engineer This is to acknowledge receipt of material pertaining to the above referenced lot split. The developer proposes to use shallow wells for the water supply which will intercept ground water tributary to Snowmass Creek, an over - appropriated stream. Due to this, a well permit cannot be issued for Lot A (14.542 acres) without a plan for augmentation. A permit could be issued for Lot B in accordance with CRS 1973, 37 -92 -602 (3) (b) (II) since the lot is greater than 35 acres in area. This permit would be issued for domestic purposes including irrigation of up to one acre of lawn or garden and could be used to serve no more than three single family dwellings. While we have no objections to both lots being served by one well, we do not know if this is acceptable to either the developer or the County. Also, it may not be practical due to the location of the creek. Therefore, we do not recommend approval of the Biers Lot Split until more information is submitted. JAD /GDV:mvf cc: Lee Enewold, Div. Eng. Ralph Stallman Land Use Comm. Very truly yours, a Al . Jeris A. Danielson puty State Engineer M1 M 0 R A N D U M TO: John Denison, State Forest Service Bob Nelson, County Sanitarian Pat Dobie, County Engineer Mount Sopris Conservation District Dave Shelton, Colorado Geologic Survey Holy Cross Electric Mountain Bell C.J. Kuiper, Colorado Division of Water Resources FROM: Richard Grice, Planning Office RE: Biers Lot Split - General Submission DATE: January 8, 1979 The attached application requests subdivision exemption for the purpose of creating a two unit subdivision. As a lot split subdivision, this appli- cation is exempt from growth management reviews. However, it will go through full subdivision review. This item is tentatively scheduled for review by the Pitkin County Planning and Zoning Commission on February 7, 1979. In order to make this agenda date we will need your written comments returned to the Planning Office no later than January 26, 1979. In the event you are unable to make this deadline date, we would appreciate your notifying us so that we can re- schedule for a later date. Thank you very much. uVid ^ `Ile Alpine Surveys Post Office Box 1730 Aspen, Colorado 81611 303 9252688 December 29, 1978 Adjacent Property Owners to Snowmass Creek Properties, Inc. Irving Biers Box 248 Snowmass, Colorado 81654 Helen L. Ogden Box 27 Coweta, Oklahoma 74429 6U. Jd Alpine Surveys Pust Oil ice Bux 11-30 303 925 2688 December 27, 1978 Pitkin County Planning Office Attn: Richard Grice 130 S. Galena Aspen, Colorado 81611 Re: Biers Lot Split Dear Richard: This is to accompany the materials necessary to apply for a property division under the provisions of Paragraph 3.Ol.Q8.d of Resolution 77 -33, Board of Pitkin CotAnty Commissioners. I believe that those materials are self explanatory and that the proposal itself is clear. During the pre- application conference, however, you asked that several problems be addressed, and that is the purpose of this letter. The problems raised and my comments are as follows: 1. Domestic Water Availability. The accompanying geological report by Dr. Lampiris indicates that water in sufficient quantity and of sufficient quality is available. The applicant has sufficient water rights to trade, if necessary, for domestic rights. 2. Proposed Sewage Disposal Method. Dr. Lampiris states that a conventional septic tank - leach field system is reasonable and workable. We agree that such a system should be properly designed by a qualified engineer prior to installation. 3. Building Sites. Dr. Lampiris has chosen appropriate building sites, as shown on the accompanying map. We agree that, before the final building site is chosen, a qualified soils engineer should verify that the site is free of geological constraints. 4. Access. The bridge and access road to the 35 acre parcel is in place, and has been for some years. The 140 Page 2 l "recent construction" that Dr. Lampiris mentions was actually a reconstruction of the bridge, following damage caused by a loaded truck falling through it. The proposed lot split will not create an additional road cut since the road to the above mentioned bridge has been used for some years for access to the argricultural lands on the North side of Snowmass Creek. We view the further impact on this road by one more single family residence as minimal. 5. Impact on Agricultural Lands. It is apparent by inspection that no matter which final building site is chosen, the proposal will meet the requirements of the Land Use Code. 6. Dog Control. We recognize the proximity of game range to the property, and sympathize with the Commissioner's efforts to control dogs within the County. The applicant is willing therefore, to insure that dogs are not allowed on the property unless kenneled or otherwise confined. My notes do rio£- °reflect any other areas of concern, but please feel fre to contact me if others arise or if clarification of these is required. Eno. JF R /ml 00 W141- Sincerely yours, Janus F. Re s er C Nicholas Lampiris, Ph.D. '. CONSULTING GEOLOGIST PO BOX 10935 ASPEN, COLORADO 81611 (303) 925 -6020 December 21, 1978 Mr. Irving Biers Post Office Box 248 Snowmass, CO 81654 Dear Mr. Biers: I have completed my investigation of that portion of your 55.19 acre tract which lies on the northeast side of Snowmass Creek. The parcel of interest is approximately 35 acres; about 207 of it is an open terrace situated above the floodplain of Snowmass Creek and at the base of a southwestern dipping slope (see accompanying map). The roughly triangularly shaped piece of property lies in the SW1 /4, SW1 /4, Section 35, T 8 S, R 86 W, and in the NW1 /4, NW1 /4, Section 2, T 9 S, R 86 W, of the Woody Creek 7 1/2 minute quadrangle, Pitkin County, Colorado. The geology of the property, according to the map .of the Woody Creek quadrangle by Val Freeman (1972), consists of a talus slope (containing blocks of Cretaceous age Dakota Sandstone from higher up the slope), a series of coalescing alluvial fans forming the fairly flat terrace, and the alluvium of the floodplain of Snowmass Creek. It is apparent on first hand inspection that the alluvial fan complex is an old feature no longer active as shown. The active fans are the three shown on the map of the parcel. The underlying bedrock is the Cretaceous age Mancos Shale but it lies well beneath the surficial deposits. There are no faults or other geologic hazards affecting the property. I have indicated the areas suitable for home sites on the map. As can be seen the majority of the land suitable for homes lies on the terrace well above the floodplain of Snowmass Creek and away from the alluvial fans. One site is located on a bench on the talus slope above the terrace. This talus slope has developed a soil profile with sparse vegetation and therefore can be judged as stabilized. The other building sites should be at least 10 feet back from the terrace bank to insure that minor sloughing does not affect the home. In all cases soil; eu,;neer[rg studies for each site stloui.i be conducted prior to construction, especially since alluvial fan sediments, even old ones, are subject to hydro - compaction. It would be advisable for myself or another competent professional to check any final home sites to be sure that the alluvial fans have been avoided. UUUJ42 1r r Mr. Irving Biers December 21, 1978 Page Two Water for domestic use is probably available by drilling into the surficial deposits to a depth of about 50 feet. Waste disposal through the use of a leach field system should be easily adapted be- cause the soils in all parts of the tract will be permeable. A sanitation engineer should be consulted for his specific recommenda- tions. Access to the buildable sites will be from the county road to a bridge recently under construction over Snowmass Creek and then up to the terrace. The solitary site on the talus slope would have to be approached by a road traversing the talus slope from the east. It is my opinion that this tract has several very good sites for homes. The visual impact of most of these sites will be minor and the geologic environment--contains no serious constraints. If there are further questions please do not hesitate to contact me. Sincerely, J Nicholas Lampiris Consulting Geologist NL :<abs Enclosure rte.► awr. 1 ��h 1f _ ,_ \ -- ^� -' wpm cl;- - 1 F500 X7,,9 - - ' > -- - - -- - -- -- - -'_ -- _ -- k 71&3 Ell lo '274 VICINITY MAP b JOj4`-4 pUo S� 0 9� rM FOREST SERVI[E COLORADO STATE UNIVERSITY COLAOO STATE FOREST SERVICE Mr. Richard Grice Aspen /Pitkin County Planning Office 130 South Galena St. Aspen, Colo. 81611 Re: Biers Lot Split Dear Mr. Grice, Petroleum Building 1129 Colorado Avenue, Rooms 217 & 218 Grand Junction, Colorado 81501 Telephone 303 / 242 -7518 Wildfire Hazards do exist on this site, especially above the upper small flat bench homesite. The steep hillside above the upper homesite has gamble oak and other shrub vegetation, a hazard compounded by its south west exposure. If the upper proposed homesite is actually to be utilized, it would be a good idea to require a firebreak to be built across the slope above the homesite. Such a firebreak should be three or four times as wide as the surrounding brush is high. Thank -you for the opportunity to review this proposal. Sincerely, h J hn W. Denison District Forester C PUBLIC NOTICE M NOTICE IS HEREBY GIVEN that there will be a public hearing before the Board of County Cc ?miss-icners of Pitkin County. Colorado, on Monday, April 9, 1979 at 2.00 P.M. i n the Casmi ss ioners ` Meeting Room, Pitkin County Court - hadse, 506 East Main Street, Aspen, to consider a subdivision application submitted by Irving Biers for the Biers Subdivision. Further 'information may be obtained at the Planning Office, 130 South Galena Street, Aspen, 925 -2020, ext. 78S. /s/ Josgh E.__Edw rds, J_r._ __ Joseph E. Edwards, Jr., Chai nnan Board of County Commissioners of Pitkin County, Colorado Published in the /'-aspen Times on March 1, 1979. tj Ljo"J46 CID 0 Bmms far Sri-jr M,jjv 2.24 -71 MAJ &1 -1-71 rl 13 M e 1,,o -1/ -71, q 2 Dmuled 508 . 1011)9160 sN��A� 4w0e, leoeee cA 3fb�8� PUBLIC NOTICE RE: Biers Subdivision Detailed Submission NOTICE IS HEREBY GIVEN that a public hearing will be held before the Pitkin County Board of County Commissioners on Tuesday, October 14, 1980, at 2:00 P.M. in the Commissioners' Meeting Room, Pitkin County Courthouse., 506 E. Main, Aspen, to consider the Detailed Submission for a subdivision application submitted by Irving Biers. The subject property is 40.3 acres located in the Snowmass Creek Valley near the confluence of Snowmass and Capitol Creeks. For further information, contact the Planning Office, 3rd floor, 130 S. Galena, Aspen, 925 -2020, ext. 223. S/ Michael Kinsley Chairman, Board of County Commissioners Published in the Aspen Times on September 11, 1980 Pitkin County Field Order # 55614 . I PLANNING OFFICE SALES 00100 — 63061 09009 — 00000 County Land Use Sales 63062 GMP Sales 63063 Almanac Sales Copy Fees Other /5 Name: f { e Project: Address: Phone: Check No. Date: Receipt No. P Q l q:� r 1�� _ P- _ ac��5- �aa- 03-Oo� ooh GLi6 ; . ASPEN /PITKIN PLANNING OFFICE 130 South Galena Street Aspen, Colorado 81611 LAND USE APPLICATION FEES County 00100 — 63711 09009 — 00000 Subdivision /PUD 63712 Special Review 63713 P &Z Review Only 63714 Detailed Review 63715 Final Plat 63716 Special Approval 63717 Specially Assigned City 00100 — 63721 09009 — 00000 Conceptual Application 63722 Preliminary Application 63723 Final Application 63724 Exemption 63725 Rezoning 63726 Conditional Use PLANNING OFFICE SALES 00100 — 63061 09009 — 00000 County Land Use Sales 63062 GMP Sales 63063 Almanac Sales Copy Fees Other /5 Name: f { e Project: Address: Phone: Check No. Date: Receipt No. P Q l q:� r 1�� _ P- _ ac��5- �aa- 03-Oo� ooh GLi6 ; . "A" 1,7 •" I ja MA ft 'jo 0 E 9 W U, $A I I � oo, lqq I Ill UA o I'd 1111114P, olp,lol 10!117 oll,"i o" I olook"ll o 111t, I ..l o o ool f, jolooll 1 ool I I I . . . . ... I IA M, I To "A" 1,7 •" I ja MA ft 'jo 0 E 9 W U, $A I I �