HomeMy WebLinkAboutpitkin.planning.264309300014DOCUMENT LAYOUT
THIS FILE MAY OR MAY NOT CONTAIN ALL OF THE INFORMATION
LISTED BELOW IN THE FOLLOWING ORDER
Summary Sheet
Resolution for the BOCC and/or P &Z
Ordinance for the BOCC and /or P &Z
Determination for the Hearing Officer
Administrative Determination
Staff Memo
Application
Public Notice, Acceptance Letter, Referral(s) Letter
Site Plan
Miscellaneous
Plat copies (11x17)
3 -00 -014 3 :r r CASE NO i P081 93 6f11f199 #COPIESPARCELIJ 643- 09
CASE NAME:[Ruffin Minor 1041 Hazard Review & Caretaker Dwelling Unit
PROJ ADDR: 182 Doc Henry Rd Woody Creek S T -R 9 -9 -85
OWN /APP:1Ruffin, Edmund C(S PHN:
REP:ri — cis PHN:1
Email Addr: A OCATED HOURS:! —
FEES DUE: � FEES RCVD:
REFERRALS �._.
REF BY DUET
_QQTT -E REV BODY PH NOTICED- DATE OF FINAL ACTION: df i1 f1993
8/31/1993 JBOCC I o BOCC Reso. _, _93 -146 #360896
:. No --------------
7
BOCC Ord:
No
REMA no vesting PZ.
HRG OFF:
CLOSE BY: HO INDEX:
ADMIN: Staff Approval
PLAT (BKPG) rnf a. ADMIN INDEX:
PLAT RECORDED; °—
VR APPROVAL DATE:
�— VR EXPIRES.i
CASE TYP: Minor 1041 — CASE TYP5: I
CASE TYP2:1Caretar Dwelling Unit (CDJ] CASE TYPE:
i kee
CASE TYPT I CASE TYPT i
CASETYP4: Date Scanned 8f31 + +12
File Location: TF Bex #218
�i1'KIN
cau 1v T
ADDRESS NOTIFICATION
Date: 11/30/2016
Effective Date: 11/30/2016
New Assigned Address:
182 Doc Henry Rd Unit B
Woody Creek, CO 81656
Former Address: N/A
Reason for Assignment: Attached CDU
Parcel ID: 264309300014
Property Owner Name: RUFFIN EDMUND C
Note: This address is being assigned for an attached CDU that was previously
unaddressed.
Please contact for any questions or Further Clarification.
Thank You,
Alex Durant
Public Safety GIS Analyst, Pitkin County Government I BITS
Phone: 970.429.6113 (0)
Email: alex.durant@pitkincounty.com
Address: 123 Emma Rd #106, Basalt, CO 81621
K
DATE RECEIVED:
DATE COMPLETE:
STAFF MEMBER:
t .u-.c
CASELOAD SUMMARY SHEET
PITKIN COUNTY
06/11/93
ES
CASE # P81 -93
PARCEL ID# 2643- 093 -00 -014
PROJECT NAME: Ruffin Minor 1041 Hazard Review and Caretaker Dwelling
Unit
Project Address:
APPLICANT: Edmund Ruffin
Applicant Address:
REPRESENTATIVE: John Stewart
Representative Address /Phone: P.O. Box 871
Carbondale, CO 81623 963 -1083
---------------------------------------------------------------------
---------------------------------------------------------------------
FEES: PLANNING $ 207.00 # APPS RECEIVED 6
ENGINEER $ awrw PLATS RECEIVED 6
HOUSING $ � 5, L' 6.
ENV. HEALTH $ 55.00
TOTAL $ 317.00
TYPE
OF APPLICATION:
STAFF APPROVAL:
1 STEP: X 2 STEP:
DRC MEETING DATE
-11
P &Z
BOCC
MEETING DATE
MEETING DATE 3 u
PUBLIC HEARING: YES NO
PUBLIC HEARING: YES NO
w
ESTIMATED TIME FOR BOCC:
---------------------------------------------------------------------
---------------------------------------------------------------------
REFERRALS:
- -
Attorney
Aspen Consol S.D.
School District
Engineer
Rocky Mtn Nat Gas
USFS (Carbondale)
Housing
Holy Cross
USFS (Aspen)
Aspen Water
Aspen Fire
Div. of Wildlife
Envir.Hlth.
Basalt Fire
BLM
Manager
Carbondale Fire
Snowmass Village
Zoning
Div. Water Res.
Caucus
Airport Mgr.
State Forest Ser.
Caucus
Sheriff
CO Geo.Survey
Homeowners
City P & Z
State Hwy Dept.
Open Space Board
Building Dept
Clean Air Board
Other:
DATE
REFERRED: /� INITIALS: `7 `f
DATE DUE:
RESOLUTION #: DATE:
PLAT OR SITE PLAN RECORDED AT BOOK PAGE(S)
--------------------------------------------- - - - - --
FINAL ROUTING:
County Attorney
Housing
Open Space Bd.
Other:
FILED:
DATE ROUTED:
County Engineer
Envir. Health
E6360t.11F
Zoning
Applicant
Revised 04/06/93
1...,.,.o _,�. „yi r.� (-)y; 06 Rec $-00 BK 723 PG 614
Silvia Davis, Fitk:in Cnty Clerk., Doc $.00 •owo,
_ t--o
RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITRIN
COUNTY COLORADO, GRANTING APPROVAL TO THE
RUFFIN CARETAKER DWELLING UNIT
Resolution No. 93 - /4-/_G
RECITALS
1. Edmund Ruffin, hereinafter "Applicant ", has applied to the
Board of County Commissioners of Pitkin County, Colorado,
hereinafter "Board ", for approval of an attached caretaker dwelling
unit pursuant to Section 3- 8.13(c) of the Land Use Code.
2. The applicant requests approval to deed restrict a 385 square
foot caretaker dwelling unit which was constructed in May of 1980
under Building permit #2895, and subsequently converted to use as
a residential unit without required County permits.
2. The Applicant's lot is zoned AF -1 and contains approximately
2 acres.
3. Said parcel is located on 0182 Doc Henry Road, Woody Creek,
more specifically described on Exhibit "A," attached.
4. Said parcel is accessed via Doc Henry Road.
5. The Board heard this application at a regular meeting on
August 24, 1993 and continued the hearing to a special meeting on
August 31, at which time evidence and testimony was presented with
respect to this application.
6. The Board determined that the proposed caretaker unit
complies with the criteria established in Section 3- 8.13(c) of the
Land Use Code.
NOW, THEREFORE, BE IT RESOLVED by the Board that it does
hereby grant approval to the Ruffin caretaker dwelling unit
UUUj0'2
#k360896 09/09/93 x)9: 06 Rec $.00
Silvia Davis Pi t 6' ,. 8f` 723 big n
, Cnty clerk:, Doc $. AD
fi
application subject to the following conditions:
1.
2.
3.
4.
The unit ;shall comply with aR Pitkin County Air Qua ty
Regulations in effect at the time. of building permit issuasce,
with respeict to wood- burning dices.
Prior to issuance of a building lermit for the addition to the
primary residence, and prior to filing. of a deed. restrict,
and within six months of appromd of the caretaker unit, the
applicant ; shall make any imprimements necessary to assure
compliances with health and safety regulations of the Unite
Building bode.
Prior to issuance of a building parmit for the additicm to the
primary residence, and prior to Filing of a deed restriction,
the septic system shall be evatuated by the EnvLrunmental
Health Department to determim whether improvement or
replacement is necessary.
Prior to issuance of a building wx it for the aoiditicn to the
primary residence, and prior to tiling of a deed restriction,
the applicant shall provide documntation of a well pemmi_t and
water quantity produced by tbe existing well, to the
Environmenital Health Department to determine Wither supply
is adequatle.
5. The follo
with resp
a. The
stip
the
Upon
bull
resi
Pitk
conditions shall he adhered to by the applicant
to the deed restriction:
licant shall prove a deed restriction, as
ed in Section 3- 8.11(a) of the hand Use lode, to
n Pitkin County Homing Authority for apirovzi_
,roval by the APCHA, and prior to issuance of a
permit for the addition to the prizamy
e, the applicant stall record the deed with tha
ounty Clerk and Rewrder • s office_
b. Prior; to leasing the unit, Mte applicant shall notify file
Housing Authority, and lute the prospective terms
compliete the required quai.fication fors and, subs
those to the Housing Autho3 ity for approval.
C. If tho unit is rented, the applicant shall provide a cry
of the executed lease to a Housing Authority at tte.
time the unit is rented aid upon every renewal of :m
lease; term.
6. All maternal representations mile by the applicant in tbe
application and during public meEti.ngs shall be adhered to amd
considered; conditions of appro, unless otherwise amend
by other conditions.
J UO3
#3600396 09/09/93 09:06 Fec s. oO BK 723 PG 616
Silvia Davies Pitkin Cnty Clerk, Doc
APPROVED AND ADOPTED ON THE 31ST DAY OF AUGUST, 1993.
ette Jon
ty Clerk % nd Recorder
APPROVED AS TO FOAM:
Timothy E. Whi ,
County Atto y
rao_RUFFIN_cdu
ODU004
BOARD OF COUNTY COHEISSICKERS
OF PITRIN COUNTY, ORADO
By
Bil uite Chaiman
Date�l�
APPROVED AS TO CONTENT:
C i4'6'Vh-C- f c/
Suza ;n� Ronch ,
Count Planning Director
A tract of land situoted in Lots 14 and 15 of Section 9, Township 9 South,
Range 85 West of the; 6th Principal Meridian, described as follows:
Beginning at a point; whence the am quarter corner common to Section 9 and
16, Township 9 South Range 95 West bears S 65 0081 E 1510.74 feet;
thence S 65.39' E 144.88 feet
thence S 25 ° 501300 WI 480.50 feet to a point in the center of the Roaring
Fork River;
thence N 61'33' W 200.04 feet alaq the centerline of said river;
thence N 31110130" E1450.29 feet;
thence N 76,161 E 30100 feet to :r- point of beginning.
COUNTY OF PITKIN, S TE OF CMDRAW.
i
om
MEMORANDUM
TO: Board of County Commissioners
Regular Meeting - August 24, 1993
THRU: Reid Haughey, County Manager
Suzanne Konchan, County Planning Director
RE: Ruffin Caretaker Dwelling Unit
FROM: Ellen Sassano, Planner
SUMMARY: Staff recommends conditional approval of the Ruffin
Caretaker Dwelling Unit.
REQUEST: The applicant is requesting approval to deed restrict an
attached caretaker dwelling unit which was constructed in May of
1980 under permit #2895, and subsequently converted to use as a
residential unit without required County permits.
APPLICANT: Edmund Ruffin
APPLICANT'S REPRESENTATIVE: John B. Stewart
LOCATION: The proposed employee unit is located at 0182 Doc Henry
Road, Woody Creek
ZONING: AF -1
ACCESS: Doc Henry Road
SITE DATA: The lot contains approximately 2 acres, and is
therefore non - conforming as to size in the AF -1 zone district.
REFERRAL COMMENTS:
1) ENVIRONMENTAL HEALTH: The existing septic system may require
expansion or replacement to accommodate the proposed addition
to the main residence and the caretaker unit. A determination
regarding the septic system shall be made by the Environmental
Health Department prior to issuance of a building permit for
the addition to the main residence.
The Environmental Health Department also requests that the
applicant provide documentation of water quantity produced by
the well prior to issuance of a building permit for the
addition to the main residence. Comments are attached as
Exhibit A.
2) HOUSING: The Housing Office recommends approval of the
UuuUjV
application subject to stipulations in condition number three
on page 3 of this memo. Comments are attached as Exhibit B.
3) ZONING: Joanna Schaffner had no objections to the proposal.
Comments are attached as Exhibit C.
STAFF COMMENTS:
Pursuant to Section 3- 8.13(c) of the Code, the Board may permit an
attached caretaker dwelling unit of 700 square feet or less, on
non - conforming lots within the AF -1 zone district under the
following conditions and limitations:
1. The total floor area of the principal and caretaker unit shall
not exceed the allowable FAR of the applicable zone district;
Response: A maximum floor area of 15,000 square feet is currently
allowed in the AF -1 zone district. Additional floor area is
subject to special review.
The caretaker unit contains approximately 385 square feet of floor
area. The total floor area for the principal and caretaker dwelling
units on the parcel is approximately 5,200 square feet.
2. The applicant shall deed restrict the unit to comply with the
caretaker unit deed restriction pursuant to Section 3 -8.13 (a)(4)
of the Land Use Code.
Response: The applicant agrees to deed restrict the caretaker unit
in accordance with County regulations.
3. The dwelling unit deed restriction may only be removed upon
approval by the Board of County Commissioners.
Response: The applicant agrees to comply with this restriction.
RECOMMENDATION:
Based on a finding that the application complies with Land Use Code
Section 3- 8.13(c), Staff recommends approval of the proposed Ruffin
caretaker unit, subject to the following conditions:
1. The unit shall comply with all Pitkin County Air Quality
Regulations in effect at the time of building permit issuance,
with respect to wood - burning devices.
2. Prior to issuance of a
primary residence, and
and within six months
applicant shall make
compliance with health
Building Code.
UiJUJI
building permit for the addition to the
prior to filing of a deed restriction,
of approval of the caretaker unit, the
any improvements necessary to assure
and safety regulations of the Uniform
2
3. Prior to issuance of a building permit for the addition to the
primary residence, and prior to filing of a deed restriction,
the septic system shall be evaluated by the Environmental
Health Department to determine whether improvement or
replacement is necessary.
4. Prior to issuance of a building permit for the addition to the
primary residence, and prior to filing of a deed restriction,
the applicant shall provide documentation of a well permit and
water quantity produced by the existing well, to the
Environmental Health Department to determine whether supply
is adequate.
5. The following conditions shall be adhered to by the applicant
with respect to the deed restriction:
a. The applicant shall provide a deed restriction, as
stipulated in Section 3- 8.13(a) of the Land Use Code, to
the Aspen Pitkin County Housing Authority for approval.
Upon approval by the APCHA, and prior to issuance of a
building permit for the addition to the primary
residence, the applicant shall record the deed with the
Pitkin County Clerk and Recorder's Office.
b. Prior to leasing the unit, the applicant shall notify the
Housing Authority, and have the prospective tenant
complete the required qualification forms and submit
those to the Housing Authority for approval.
C. If the unit is rented, the applicant shall provide a copy
of the executed lease to the Housing Authority at the
time the unit is rented and upon every renewal of the
lease term.
6. All material representations made by the
application and during public meetings shall
considered conditions of approval, unless
by other conditions.
3
0UUUJ8
applicant in the
be adhered to and
otherwise amended
�.t
M E M O R A N D U M
TO: Ellen Sassano, County Planner
�r
FROM: Joanna S. Schaffner, County Zoning
DATE: June 28, 1993
RE: Ruffin Caretaker Dwelling Unit and
Minor 1041 Hazard Review
Parcel ID# 2643 - 093 -00 -014
I have reviewed the above referenced application, and offer the
following comments.
ZONE: AF -1, ten acre minimum lot size
SETBACKS: Required setbacks are:
100 foot front yard setback
30 foot side and rear yard setbacks
20 foot minimum stream setback
Although no building envelope is shown on the site plan, the
proposed structure lies outside of any required setbacks.
FAR: As this parcel is less than 20 acres in size, pursuant to
Ordinance 92 -08, a maximum of 15,000 square feet of floor area is
permitted on this site. Although no plans have been submitted, the
proposed structure does not appear to approach 15,000 square feet.
CARETAKER UNIT: No plans have been submitted for the caretaker
unit, so I can not verify the square footage represented by the
applicant.
UUUU09
To: Ellen Sassano, Planning Office
From: Environmental Health Department �i C_
Date: July 2, 1993
Re: Ruffin Caretaker Dwelling Unit and Minor 1041 Hazard
Review
Parcel ID# 2643- 093 -00 -014
----------------------------------------------------------------
The Aspen / Pitkin Environmental Health Department has reviewed the
above - mentioned land use submittal under authority of the Pitkin
County Code, Title II, and has the following comments.
SEWAGE TREATMENT AND COLLECTION: Sections 2 -7 and 5 -200:
The applicant will have to apply for and obtain a new individual
sewage disposal system permit for the new house. In addition, the
applicant should have the existing system inspected and a condition
of approval should be that if the existing system is not
functioning properly, it be tied in to the new system for the new
house. (The existing system is of a type no longer permitted in
Pitkin County and is quite old.)
ADEQUATE PROVISIONS FOR WATER NEEDS: Sections 2 -6 and 5 -205:
We recommend that a condition of approval be that the applicant
provide proof to this office that the well serving the existing
house, new residence, and the caretaker unit has sufficient
capacity.
AIROUALITY: Sections 2 -17 and 5 -106:
This project is not expected to contribute significantly to air
quality degradation.
A report on air quality impact is required to address air quality
characteristics of the site and the proposal. This includes
addressing any special design or construction methods or
improvements which would reduce the impacts of pollutants produced
by the proposed development. This office has not received
information about any special energy- conserving designs or
construction methods, or other improvement to reduce pollution from
the proposed development. We would like a condition of approval to
be receipt of this information by our office.
ODUtj10
TO: Ellen Sassano, Planning Office
FROM: Cindy Christensen, Housing Office
DATE: July 14, 1993
RE: Ruffin Special Review for a Caretaker Dwelling Unit
Parcel ID No. 2643 - 093 -00 -014
After reviewing the above - referenced application, staff recommends
the approval of this request. Upon submission of the deed
restriction, though, net liveable square footage will have to be
calculated for this unit, as this needs to be incorporated into the
deed restriction.
The floor area requirement is for net liveable square feet as
defined by the Housing Office below:
Net Liveable Square Footage is calculated on interior living area and is measured interior wall to
interior wall, including all interior partitions including, but not limited to, habitable basements and
interior storage areas, closets and laundry area. Exclusions include, but are not limited to,
uninhabitable basements, mechanical areas, exterior storage, stairwells, garages (either attached or
detached), patios, decks and porches.
The conditions listed below are regulated by Section 3- 8.13(d) and
Ordinance No. 91 -11, as stated in the application, and have been
met:
(1) Attached caretaker units shall not exceed seven hundred square feet of floor area, except that caretaker units
in the R -6 and R -15 zones shall be limited to four hundred square feet of floor area.
(2) The total floor area of the principal and caretaker unit shall not exceed the allowable FAR of the applicable
zone district.
(3) There shall be provided one (1) off - street parking space for each bedroom within the principal unit and one
(1) off - street parking space for each bedroom in the caretaker unit.
(4) The applicant shall by deed restriction or other permanent commitment running with the land, guarantee that
the caretaker unit shall not be required to be rented; not be condominiumized or sold; not be occupied by the
owner or spouse; be limited to occupancy by not more than two (2) adults, and related children, who qualify
as (and have been found by the Housing Office to be) employees of the community under such guidelines
as may be from time to time established by said Authority; be rented for terms not less than six (6) months
if rented. The caretaker dwelling may be occupied by members of the immediate family even though they may
not qualify as employees of the community. "Immediate Family" shall mean a person related by blood or
marriage who is a first cousin (or closer relative) and his or her children.
(5) The caretaker dwelling unit restriction may be removed by the property owner upon approval of the Planning
Director, subject to the requirement that the dwelling is removed or modified. If modified, the remaining
improvements must no longer be capable of occupancy as a Dwelling Unit and must meet otherwise
applicable Code requirements.
OULIJ �1
w
The applicant must also submit a copy of the floor plan of the
caretaker unit for our records, with the calculate net liveable
square footage. A deed restriction must be recorded by the
applicant pursuant to building permit approval. A copy of this
deed restriction can be obtained through the Housing Office.
\word \referral \ruffin \.ref
2
UUUUJ -2
To: Pitkin County Board of County Commissioners
Re: Request for Ruffin Caretaker Unit Approval
Concerning the approval of an unapproved caretaker unit for Mr. Edmund Ruffin at 0182 Doc
Henry Road, Woody Creek, Colorado, the information in this letter has been gathered and
compiled by John B. Stewart acting as an authorized agent of Edmond C. Ruffin.
The caretaker unit is comprised of three rooms. A living room /kitchen area of 14 ft. by 19 ft.
this room is downstairs and is joined to the upstairs by a metal spiral staircase. A bedroom
upstairs is 11 ft. 6 inches X 15 ft. An adjoining bathroom is 8 ft. X 5 ft. with toilet, sink and
tub /shower enclosure. Total square footage of the caretaker unit is 385 square feet.
This caretaker unit is currently occupied by Mr. Ruffin's caretaker. He is an employee of the
Pine Creek Cookhouse restaurant in Ashcroft. It is Mr. Ruffin's intent to keep a resident
caretaker occupying this unit.
The date of construction of the caretaker unit was May of 1980. The work was performed under
Permit #2895. Valuation of the work was $8,000. The kitchen area of this unit was not
permitted and did not go through special review or inspection. We, the applicants, understand
and intend to be sure this kitchen does comply with current UBC standards.
It is our intent during this proposed construction project if any UBC violations are present, that
said violations are brought into full compliance before completion of this proposed project.
The parcel of land this residence is on is approximately two acres.
A one car garage adjoins the caretaker unit to fulfill its parking requirement. The proposed
garage has three parking spaces. Additional outside parking is available around Circle Drive
as shown in Exhibit 1 -12.
Exhibit 1 -12, a survey done by Harold Johnson on June 29, 1978 was verified to be accurate
in regard to the building footprint and boundaries when Carmichael Surveying completed the
Improvement Survey on June 8, 1993.
Sewage treatment is handled by an existing approved septic system. No additional sewage will
be using this disposal system as a result of the proposed addition. Water is supplied by private
well in place on Mr. Ruffin's's property.
Respectfully submitted,
P,wCLe
John B. Stewart
O U U U a.3
The square footage breakdown of this proposed project is a follows:
Existing Structure
Basement level Main House 1200 sq. ft.
Main level Main House 1200 sq. ft.
Caretaker Unit 385 sq. ft.
One Car Garage 385 sq. ft.
TOTAL SQUARE FOOTAGE 3108 sq. ft.
Proposed Addition:
Basement level Main House 829 sq. ft.
Main level Main House 1029 sq. ft.
TOTAL OF PROPOSED ADDITION 1858 sq. ft.
TOTAL LIVING AREA, EXISTING AND PROPOSED 4643 sq. ft.
Proposed Garage 1020 sq. ft.
Existing Garage 323 sq. ft.
Lower Deck 370 sq. ft.
Upper Deck 883 sq. ft.
UULi -.4
M
MEMORANDUM
TO: Suzanne Konchan, County Planning Director
FROM: Ellen Sassano, Planning Office
RE: Ruffin Minor 1041 Hazard Review
DATE: August 19, 1993
APPLICANT: Edmund Ruffin
LOCATION: 0182 Doc Henry Road, Woody Creek
ZONING: AF -1
ACCESS: Existing driveway off of Doc Henry Road
WATER AND SEWER: The Environmental Health Department requests that
the applicant provide documentation of water quantity produced by
the existing on -site well prior to issuance of a building permit
for the proposed addition to the residence. The existing septic
system may require expansion or replacement. A determination
regarding the septic system and adequacy of the well shall be made
by the Environmental Health Department prior to issuance of a
building permit for the proposed addition.
REQUEST: The applicant requests 1041 Hazard review and approval to
facilitate the construction of an addition of approximately 1,858
square feet of floor area to an existing single family residence
which is approximately 3,108 square feet in size. The site is
adjacent to the Roaring Fork River and is therefore impacted by the
100 year floodplain and riparian area associated with the River.
The site also contains slopes exceeding 30% in grade.
1041 REVIEW
Floodplain - A survey indicates that the existing house and
addition are located on a bench, well above the 100 year
floodplain. Staff recommends that the flood elevation be
delineated on the site plan.
Wildlife Habitat - Riparian vegetation exists along the River, at
the bottom of the steep embankment to the south of the residence.
As the building envelope is limited to the upper bench of the
property, and no development will be allowed outside of the
envelope, Riparian vegetation will remain intact.
Geologic Hazards - Slopes exceeding 30% in grade exist on -site, but
are not impacted by the proposed new construction.
Ou�u:i5
FINDINGS:
cm
1. The proposed addition is located above the 100 year flood
elevation of the Roaring Fork River.
2. The applicant agrees to leave riparian vegetation in it's
natural state.
3. The slope hazard is mitigated through avoidance.
4. The applicant has provided a draft site plan.
5. The County Attorney is satisfied that the property was legally
created and has not merged with any contiguous lots.
RECOMMENDATION:
Pursuant to sections 5- 400.3(b) and 5- 400.5(b) of the Land Use
Code, the Planning Director is authorized to approve a site plan
and application for a Minor 1041 Hazard review. Based on the
findings referenced above, Staff recommends approval of the Ruffin
1041 Minor Hazard Review. Said approval is subject to the
recommendations listed below. This memo will serve as a reference
document authorizing approval of said application. Planning
Director's sign —off on a 1041 Review Site Plan is also necessary
for completion of the administrative review process. The Site Plan
shall be recorded in the Clerk & Recorder's office. A copy shall
be placed in the file.
CONDITIONS OF APPROVAL:
1. Prior to building permit application, the applicant shall
record a 24 x 36 inch mylar 1041 Review site plan which meets
the approval of the Planning Office. All conditions of
approval shall be noted on the plan. The Plan shall be titled,
"Ruffin Administrative 1041 Hazard Review Site Plan." The Plan
shall identify a building envelope, and shall contain
topography for the area in which improvements are proposed,
and a vicinity map. The 100 year floodplain elevation for the
Roaring Fork River shall be delineated. The Plan shall
include the following waiver:
"Warning and Disclaimer: The Applicant acknowledges that 1041 Hazard
Review approval does not in any way 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."
2. On -site riparian vegetation shall be left in its natural
state.
3. All new development, with the exception of the access drive,
but including grading, shall occur within the building
00uib16
OM
envelope.
4. The applicant shall submit documentation of water quantity
produced by the existing on -site well to the Environmental
Health Department. A determination regarding adequacy of the
septic system(s) and the well shall be made by the
Environmental Health Department prior to issuance of a
building permit for the proposed addition.
5. The addition shall comply with County air quality regulations
in effect at the time of building permit application.
6. All material representations made my the applicant shall be
adhered to.
Suzann Konch n, County
Plannia Director
k)cl, 0 M3
Date
UUUJ7
Re: Ruffin Administrative 1041 Hazard Review
Dear Ellen;
In response to 1041 requirements, I have compiled the following information.
An improvement survey done by Carmichael Surveying with building envelope, topo lines, a one
hundred year flood plain line and random elevations. The random elevation shots illustrate the
nearly total flatness of the parcel involved in the area of proposed construction.
The steep bank south of the proposed project will not be impacted in any manner by our
proposed project. This holds true for the riparian area of the property as well. There are no
drainages on the property. Given the relatively thin layer of topsoil and glacial morraine sub-
soil, snowmelt and rainfall percolate into the soil before they can run off. The flat upper portion
of the property is covered by indigenous grasses and absolutely no erosion is visible.
The steep bank to the riparian area is covered by sarviceberry bushes and sagebrush. The
glacial morraine is exposed but is stabilized by the natural indigenous vegetation. As we have
no intention of disturbing these areas, I feel they will remain in a natural condition from here
to eternity. The same holds true for the riparian areas of the property.
Exhibit 1 -12, a survey done by Harold Johnson on June 29, 1978, and verified to be accurate
with regard to building footprint and boundaries by Carmichael Surveying on June 8, 1993,
illustrates proposed septic system changes. The existing tank and drywell will be moved as
shown in Exhibit 1 -12. These changes in sewage treatment will be made subject to and in full
compliance with Pitkin County Environmental Health permit regulations and inspection.
The existing electric service will be used. No extension of Holy Cross Electric utilities is
necessary. Water is provided by an existing well in place on the property. No modification of
existing well or waterlines is necessary to complete the proposed project.
Respectfully submitted,
U lam/ a f
John B. Stewart
0UUa 8
OWNERS' AFFIDAVIT AS TO
�� CHANICS' LIENS AND POSSESSION
TO: COMMONWEALTH LAND TITLE INSURANCE COMPANY
RE: RUFFIN /LOAN PCT- 4386
STATE OF COLORADO
COUNTY OF PITKIN, to wit:
THIS DAY personally appeared before me, the undersigned owners(s) who, after
being first duly sworn, deposed and said that he is the owner, and has been
owner of the property referenced to below for at least One Hundred twenty -one
(121) days prior to the date hereof or the date of settlement, whichever date
shall last occur; that there has been no work done, services rendered or
materials furnished in connection with repairs, improvements, development,
construction, removal, alterations, demolition or such similar activity on or
incident to the referred to property within One hundred twenty -one (121) days
prior to the date of this affidavit; and that there are no outstanding claims
or persons entitled to any claim or right to a claim for mechanics' or
materialmen's liens against said property and that there are no outstanding
leases or agreements, written or oral, unrecorded or otherwise, or other
parties than the undersigned owner(s) in or entitled to possession thereof and
that the purchaser is entitled to sole and exclusive possession of said
property upon settlement.
This affidavit is made for the purpose of inducing COMMONWEALTH LAND TITLE
INSURANCE COMPANY insure the title to said property without exception to claims
of mechanics, materialmen or laborers and others entitled to claim a lien for
work, services or materials furnished and rights of parties in possession.
Wherever the context so requires, the singular number includes the plural,
and the masculine includes the feminine.
PROPERTY DESCRIPTION:
A TRACT OF LAND SI OTS 14 AND 15 OF SECTION 9,
TOWNSHIP 9 SOUTH, RANGE -4IEST THE 6TH P.M.
COUNTY OF PITKIN, STATE OF CO DO.
BIND C. RUFFIN
SWORN TO AND SUBSCRIBED before me this � 'day of ��,��{,t` ��� 1991.
my commission expires:
,•
Nd ARY PUBLIC
Joy S. Higens /Notary Public ads ress :
My Commission expires 4/22/94
601 East Hopkins
Aspen, Colorado 81611
UUUj19
Ju�r
�J7
y�
lc �VJrI'I rl i hll 1 VUI Y i 1 LG r • c.
PITKIN COUNTY TITLE, INC.
601 E. HOPKINS, 3RD FLOOR
Vincent J. Higens ASPEN, COLORADO 81611 Christina Davis
President 303 -925 -1766 : 303 - 925 -6527 FAX Vice President
CERTIFICATE OF OWNERSHIP
Pitkin County Title, Inc., a duly licensed Title Insurance Agent in the
State of Colorado hereby certifies that EDMUND C. RUFFIN is the owner in
fee simple of the following described property:
A tract of land situated in Lots 14 and 15 of Section 9, Township 9 South,
Range 85 West of the 6th Principal Meridian, described as follows:
Beginning at a point whence the one quarter corner common to Section 9 and
16, Township 9 South, Range 85 West bears S 65 °081 E 1510.74 feet;
thence S 65 939' E 140.88 feet;
thence S 25050130" W 480.50 feet to a point in the center of the Roaring
Fork River;
thence N 61'331 W 206.04 feet along the centerline of said river;
thence N 31 °10130" E 450.29 feet;
thence N 769161 E 30.00 feet to the point of beginning.
COUNTY OF PITKIN, STATE OF COLORADO.
Subject to encumbrances, easements and rights of way of record.
This certificate is not to be construed to be a guarantee of title and
is furnished for informational purposes only.
PITKI COUNTY T T , INC. J?J1Aj,, , I BY:
author! si nature
CERTIFIED TO: 61 1993 @ 8:30 A.M.
uuuu20
:.CORD AND RETURN TO:
CITICORP MORTGAGE, INC.
645 MARYVILLE CENTRE DRIVE, 3RD FLOOR, MV 878
ST. LOUIS, MISSOURI 63141
", ,,f
[Space Above This Line For Recording Data]
DEED OF TRUST
THIS DEED OF TRUST ( "Security Instrument ") is made on
EDMUND C. RUFFIN , A MARRIED PERSON
Public Trustee of PITKIN
CITICORP MORTGAGE, INC.
existing under the laws of DELAWARE
nR.. ST. LOUIS, MISSOURI 63141
FEBRUARY 05
6332784
19 91 , among the grantor,
( "Borrower "), the
_ County ( "Trustee "), and the beneficiary,
which is organized and
and whose address is 670 MASON RIDGE CENTER
( "Lender "). Borrower owes Lender the principal sum of ONE HUNDRED THIRTY NINE THOUSAND FOUR HUNDRED
FIFTY AND 00/ 100-------------------------------------------------------------------- - - - - --
Dollars (U.S. $ 139,450.00 ). This debt is evidenced by
Borrower's note dated the same date as this Security Instrument ("Note"), which provides for monthly payments, with the full debt, if not paid
earlier, due and payable on MARCH 01, 2021 . This Security Instrument secures to Lender: (a) the repayment of the debt evidenced
by the Note, with interest, and all renewals, extensions and modifications; (b) the payment of all other sums, with interest, advanced under
paragraph 7 to protect the security of this Security Instriment; and (c) the performance of Borrower's covenants and agreements under this
Security Instrument and the Note. For this purpose, Borrower, in consideration of the debt and the trust herein created, irrevocably grants
and conveys to Trustee, in trust, with power of sale, the following described property located in
PITKIN County, Colorado: SECT ION
A TRACT OF LAND SITUATED IN LOTS 14 AND 15 OF %Z0X00 9, TOWNSHIP 9 SOUTH, RANGE 85
WEST OF THE 6TH PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT
WHENCE THE ONE QUARTER CORNER COMMON TO SECTION 9 AND 16, TOWNSHIP 9 SOUTH, RANGE 85
j- WEST BEARS SOUTH 65 DEGREES 08' EAST 1510.74 FEET; THENCE SOUTH 65 DEGREES 39' EAST
140.88 FEET; THENCE SOUTH 25 DEGREES 50' 30" WEST 480.50 FEET TO A POINT IN THE
CENTER OF THE ROARING FORK RIVER; THENCE NORTH 61 DEGREES 33' WEST 206.04 FEET ALONG
THE CENTERLINE OF SAID RIVER; THENCE NORTH 31 DEGREES 10' 30" EAST 450.29 FEET;
THENCE NORTH 76 DEGREES 16' EAST 30.00 FEET TO THE POINT OF BEGINNING. COUNTY OF
PITKIN, STATE OF COLORADO.
which has the address of 0182 DOC HENRY ROAD
[Street]
Colorado 81656 ( "Property Address ");
WOODY CREEK
[city]
(Zip Code]
TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, rights, appurtenances, rents,
royalties, mineral, oil and gas rights and profits, water rights and stock and all fixtures now or hereafter a part of the property. All
replacements and additions shall also be covered by this Security Instrument. All of the foregoing is referred to in this Security Instrument as
the "Property."
BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to grant and convey the
Property and that the Property is unencumbered, except for encumbrances of record. Borrower warrants and will defend generally the title to
the Property against all claims and demands, subject to any encumbrances of record.
THIS SECURITY INSTRUMENT combines uniform covenants for national use and non - uniform covenants with limited variations by
jurisdiction to constitute a uniform security instrument covering real property.
COLORADO- Single Family - FNMA /FHLMC UNIFORM INSTRUMENT
MB -127 Rev.9 188 6527
CHI - 06/89 U i Ui . J s'1
UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows:
1. Payment of Principal and Ir _. )st; Prepayment and Late Charges. Borr�r shall promptly pay when due the principal of
and interest on the debt evidenced by'`l%Note and any prepayment and late charges due under the Note.
2. Funds for Taxes and Insurance. Subject to applicable law or to a written waiver by Lender, Borrower shall pay to Lender on the
day monthly payments are due under the Note, until the Note is paid in full, a sum ( "Funds ") equal to one - twelfth of: (a) yearly taxes and
assessments which may attain priority over this Security Instrument; (b) yearly leasehold payments or ground rents on the Property, if any;
(c) yearly hazard insurance premiums; and (d) yearly mortgage insurance premiums, if any. These items are called "escrow items." Lender
may estimate the Funds due on the basis of current data and reasonable estimates of future escrow items.
The Funds shall be held in an institution the deposits or accounts of which are insured or guaranteed by a federal or state agency (including
Lender if Lender is such an institution). Lender shall apply the Funds to pay the escrow items. Lender may not charge for holding and
applying the Funds, analyzing the account or verifying the escrow items, unless applicable law permits Lender to make such a charge. A
charge assessed by Lender in connection with Borrower's entering into this Security Instrument to pay the cost of an independent tax
reporting service shall not be a charge for the purposes of the preceding sentence. Borrower and Lender may agree in writing that interest
shall be paid on the Funds. Unless an agreement is made or applicable law requires interest to be paid, Lender shall not be required to pay
Borrower any interest or earnings on the Funds. Lender shall give to Borrower, without charge, an annual accounting of the Funds showing
credits and debits to the Funds and the purpose for which each debit to the Funds was made. The Funds are pledged as additional security for
the sums secured by this Security Instrument.
If the amount of the Funds held by Lender, together with the future monthly payments of Funds payable prior to the due dates of the
escrow items, shall exceed the amount required to pay the escrow items when due, the excess shall be, at Borrower's option, either promptly
repaid to Borrower or credited to Borrower on monthly payments of Funds. If the amount of the Funds held by Lender is not sufficient to pay
the escrow items when due, Borrower shall pay to Lender any amount necessary to make up the deficiency in one or more payments as
required by Lender.
Upon payment in full of all sums secured by this Security Instrument, Lender shall promptly refund to Borrower any Funds held by
Lender. If under paragraph 19 the Property is sold or acquired by Lender, Lender shall apply, no later than immediately prior to the sale of
the Property or its acquisition by Lender, any Funds held by Lender at the time of application as a credit against the sums secured by this
Security Instrument.
3. Application of Payments. Unless applicable law provides otherwise, all payments received by Lender under paragraphs 1 and 2
shall be applied: first, to late charges due under the Note; second, to prepayment charges due under the Note; third, to amounts payable under
paragraph 2; fourth, to interest due; and last, to principal due.
4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines and impositions attributable to the Property which may
attain priority over this Security Instrument, and leasehold payments or ground rents, if any. Borrower shall pay these obligations in the
manner provided in paragraph 2, or if not paid in that manner, Borrower shall pay them on time directly to the person owed payment.
Borrower shall promptly furnish to Lender all notices of amounts to be paid under this paragraph. If Borrower makes these payments directly,
Borrower shall promptly furnish to Lender receipts evidencing the payments.
Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower: (a) agrees in writing to the
payment of the obligation secured by the lien in a manner acceptable to Lender; (b) contests in good faith the lien by, or defends against
enforcement of the lien in, legal proceedings which in the Lender's opinion operate to prevent the enforcement of the lien or forfeiture of any
part of the Property; or (c) secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security
Instrument. If Lender determines that any part of the Property is subject to a lien which may attain priority over this Security Instrument,
Lender may give Borrower a notice identifying the lien. Borrower shall satisfy the lien or take one or more of the actions set forth above within
10 days of the giving of notice.
5. Hazard Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss
by fire, hazards included within the term "extended coverage" and any other hazards for which Lender requires insurance. This insurance
shall be maintained in the amounts and for the periods that Lender requires. The insurance carrier providing the insurance shall be chosen by
Borrower subject to Lender's approval which shall not be unreasonably withheld.
All insurance policies and renewals shall be acceptable to Lender and shall include a standard mortgage clause. Lender shall have the right
to hold the policies and renewals. If Lender requires, Borrower shall promptly give to Lender all receipts of paid premiums and renewal
notices. In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof of loss if not made
promptly by Borrower.
Unless Lender and Borrower otherwise agree in writing, insurance proceceds shall be applied to restoration or repair of the Property
damaged, if the restoration or repair is economically feasible and Lender's security is not lessened. If the restoration or repair is not
economically feasible or Lender's security would be lessened, the insurance proceeds shall be applied to the sums secured by this Security
Instrument, whether or not then due, with any excess paid to Borrower. If Borrower abandons the Property, or does not answer within 30 days
a notice from Lender that the insurance carrier has offered to settle a claim, then Lender may collect the insurance proceeds. Lender may use
the proceeds to repair or restore the Property or to pay sums secured by this Security Instrument, whether or not then due. The 30 -day period
will begin when the notice is given.
Unless Lender and Borrower otherwise agree in writing, any application of proceeds to principal shall not extend or postpone the due date
of the monthly payments referred to in paragraphs 1 and 2 or change the amount of the payments. If under paragraph 19 the Property is
acquired by Lender, Borrower's right to any insurance policies and proceeds resulting from damage to the Property prior to the acquistion
shall pass to Lender to the extent of the sums secured by this Security Instrument immediately prior to the acquisition.
G. Preservation and Maintenance of Property; Leaseholds. Borrower shall not destroy, damage or substantially change the
Property, allow the Property to deteriorate or commit waste. If this Security Instrument is on a leasehold, Borrower shall comply with the
provisions of the lease, and if Borrower acquires fee title to the Property, the leasehold and fee title shall not merge unless Lender agrees to
the merger in writing.
7. Protection of Lender's Rights in the Property; Mortgage Insurance. If Borrower fails to perform the covenants and
agreements contained in this Security Instrument, or there is a legal proceeding that may significantly affect Lender's rights in the Property
(such as a proceeding in bankruptcy, probate, for condemnation or to enforce laws or regulations), then Lender may do and pay for whatever is
necessary to protect the value of the Property and Lender's rights in the Property. Lender's actions may include paying any sums secured by a
lien which has priority over this Security Instrument, appearing in court, paying reasonable attorneys' fees and entering on the Property to
make repairs. Although Lender may take action under this paragraph 7, Lender does not have to do so.
Any amounts disbursed by Lender under this paragraph 7 shall become additional debt of Borrower secured by this Security Instrument.
Unless Borrower and Lender agree to other terms of payment, these amounts shall bear interest from the date of disbursement at the Note
rate and shall be payable, with interest, upon notice from Lender to Borrower requesting payment.
'Uj22
CHI 3 -04/89
If Lender required mortgage insUxgnce as a condition of making the loan socured this Security Instrument, Borrower shall pay the
premiums required to maintain th. ,.urance in effect until such time as the requim,,,nt for the insurance terminates in accordance with
Borrower's and Lender's written agreement or applicable law.
S. Inspection. Lender or its agent may make reasonable entries upon and inspections of the Property. Lender shall give Borrower
notice at the time of or prior to an inspection specifying reasonable cause for the inspection.
9. Condemnation. The proceeds of any award or claim for damages, direct or consequential, in connection with any condemnation or
other taking of any part of the Property, or for conveyance in lieu of condemnation, are hereby assigned and shall be paid to Lender.
In the event of a total taking of the Property, the proceeds shall be applied to the sums secured by this Security Instrument, whether or not
then due, with an excess paid to Borrower. In the event of a partial taking of the Property, unless Borrower and Lender otherwise agree in
writing, the sums secured by this Security Instrument shall be reduced by the amount of the proceeds multiplied by the following fraction: (a)
the total amount of the sums secured immediately before the taking, divided by (b) the fair market value of the Property immediately before
the taking. Any balance shall be paid to Borrower.
If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the condemnor offers to make an award or settle n
claim for damages, Borrower fails to respond to Lender within 30 days after the date the notice is given, Lender is authorized to collect and
apply the proceeds, at its option, either to restoration or repair of the Property or to the sums secured by this Security Instrument, whether or
not then due.
Unless Lender and Borrower otherwise agree in writing, any application of proceeds to principal shall not extend or postpone the due date
of the monthly payments referred to in paragraphs 1 and 2 or change the amount of such payments.
10. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or modification of
amortization of the sums secured by this Security Instrument granted by Lender to any successor in interest of Borrower shall not operate to
release the liability of the original Borrower or Borrower's successors in interest. Lender shall not be required to commence proceedings
against any successor in interest or refuse to extend time for payment or otherwise modify amortization of the sums secured by this Security
Instrument by reason of any demand made by the original Borrower or Borrower's successors in interest. Any forbearance by Lender in
exercising any right or remedy shall not be a waiver of or preclude the exercise of any right or remedy.
11. Successors and Assigns Bound; Joint and Several Liability; Co- signers. The covenants and agreements of this Security
Instrument shall bind and benefit the successors and assigns of Lender and Borrower, subject to the provisions of paragraph 17. Borrower's
covenants and agreements shall be joint and several. Any Borrower who co -signs this Security Instrument but does not execute the Note: (a) is
co- signing this Security Instrument only to mortgage, grant and convey that Borrower's interest in the Property under the terms of this
Security Instrument; (b) is not personally obligated to pay the sums secured by this Security Instrument; and (c) agrees that Lender and any
other Borrower may agree to extend, modify, forbear or make any accommodations with regard to the terms of this Security Instrument or the
Note without that Borrower's consent.
12. Loan Charges. If the loan secured by this Security Instrument is subject to a law which sets maximum loan charges, and that law
is finally interpreted so that the interest or other loan charges collected or to be collected in connection with the loan exceed the permitted
limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums
already collected from Borrower which exceeded permitted limits will be refunded to Borrower. Lender may choose to make this refund by
reducing the principal owed under the Note or by making a direct payment to Borrower. If a refund reduces principal, the reduction will be
treated as a partial prepayment without any prepayment charge under the Note.
13. Legislation Affecting Lender's Rights. If enactment or expiration of applicable laws has the effect of rendering any provision
of the Note or this Security Instrument unenforceable according to its terms, Lender, at its option, may require immediate payment in full of
all sums secured by this Security Instrument and may invoke any remedies permitted by paragraph 19. If Lender exercises this option, Lender
shall take the steps specified in the second paragraph of paragraph 17.
14. Notices. Any notice to Borrower provided for in this Security Instrument shall be given by delivering it or by mailing it by first
class mail unless applicable law requires use of another method. The notice shall be directed to the Property Address or any other address
Borrower designates by notice to Lender. Any notice to Lender shall be given by first class mail to Lender's address stated herein or any other
address Lender designates by notice to Borrower. Any notice provided for in this Security Instrument shall be deemed to have been given to
Borrower or Lender when given as provided in this paragraph.
15. Governing Law; SeverabRity. This Security Instrument shall be governed by federal law and the law of the jurisdiction in
which the Property is located. In the event that any provision or clause of this Security Instrument or the Note conflicts with applicable law,
such conflict shall not affect other provisions of this Security Instrument or the Note which can be given effect without the conflicting
provision. To this end the provisions of this Security Instrument and the Note are declared to be severable.
16. Borrower's Copy. Borrower shall be given one conformed copy of the Note and of this Security Instrument.
17. Transfer of the Property or a Beneficial Interest in Borrower. If all or any part of the Property or any interest in it is sold
or transferred (or if a beneficial interest in Borrower is sold or transferred and Borrower is not a natural person) without Lender's prior
written consent, Lender may, at its option, require immediate payment in'full of all sums secured by this Security Instrument. However, this
option shall not be exercised by Lender if exercise is prohibited by federal law as of the date of this Security Instrument.
If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days
from the date the notice is delivered or mailed within which Borrower must pay all sums secured by this Security Instrument. If Borrower
fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without
further notice or demand on Borrower.
18. Borrower's Right to Reinstate. If Borrower meets certain conditions, Borrower shall have the right to have enforcement of this
Security Instrument discontinued at any time prior to the earlier of: (a) 5 days (or such other period as applicable law may specify for
reinstatement) before sale of the Property pursuant to any power of sale contained in this Security Instrument; or (b) entry of a judgment
enforcing this Security Instrument. Those conditions are that Borrower: (a) pays Lender all.sums which then would be due under this Security
Instrument and the Note had no acceleration occurred; (b) cures any default of any other covenants or agreements; (c) pays all expenses
incurred in enforcing this Security Instrument, including, but not limited to, reasonable attorneys' fees; and (d) takes such action as Lender
may reasonably require to assure that the lien of this Security Instrument, Lender's rights in the Property and Borrower's obligation to pay
the sums secured by this Security Instrument shall continue unchanged. Upon reinstatement by Borrower, this Security Instrument and the
obligations secured hereby shall remain fully effective as if no acceleration had occurred. However, this right to reinstate shall not apply in the
case of acceleration under paragraphs 13 or 17.
ODUU23
CHI •04/89
NONUNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows:
19. Acceleration; Remedies. 7der shall give notice to Borrower prior to :eleration following Borrower's breach of any
covenant or agreement in this 5"lwdrity Instrument (but not prior to acceleration under paragraphs 13 and 17 unless applicable
law provides otherwise). The notice shall specify: (a) the default; (b) the action required to cure the default; (c) a date, not less
than 30 days from the date the notice is given to Borrower, by which the default must be cured; and (d) that failure to cure the
default on or before the date specified in the notice may result in acceleration of the sums secured by this Security Instrument
and sale of the Property. The notice shall further inform Borrower of the right to reinstate after acceleration and the right to
assert in the foreclosure proceeding the non - existence of a default or any other defense of Borrower to acceleration and sale. If
the default is not cured on or before the date specified in the notice, Lender at its option may require immediate payment in
full of all sums secured by this Security Instrument without further demand and may invoke the power of sale and any other
remedies permitted by applicable law. Lender shall be entitled to collect all expenses incurred in pursuing the remedies
provided in this paragraph 19, including, but not limited to, reasonable attorneys' fees and costs of title evidence.
If Lender invoices the power of sale, Lender shall give written notice to Trustee of the occurrence of an event of default and
of Lender's election to cause the Property to be sold. Lender shall mail a copy of the notice to Borrower ns provided in
paragraph 14. Trustee shall record a copy of the notice in the county in which the Property is located. Trustee shall publish a
notice of sale for the time and in the manner provided by applicable law and shall mail copies of the notice of sale in the
manner prescribed by applicable law to Borrower and to the other persons prescribed by applicable law. After the time
required by applicable law, Trustee, without demand on Borrower, shall sell the Property at public auction to the highest
bidder for cash at the time and place and under the terms designated in the notice of sale in one or more parcels and in any
order Trustee determines. Trustee may postpone sale of any parcel of the Property by public announcement at the time and
place of any previously scheduled sale. Lender or its designee may purchase the Property at any sale.
Trustee shall deliver to the purchaser Trustee's certificate describing the Property and the time the purchaser will be
entitled to Trustee's deed. The recitals in the Trustee's deed shall be prima facie evidence of the truth of the statements made
therein. Trustee shall apply the proceeds of the sale in the following order: (a) to all expenses of the sale, including, but not
limited to, reasonable Trustee's and attorneys' fees; (b) to all sums secured by this Security Instrument; and (c) any excess to
the person or persons legally entitled to it.
20. Lender in Possession. Upon acceleration under paragraph 19 or abandonment of the Property, Lender (in person, by agent or by
judicially appointed receiver) shall be entitled to enter upon, take possession of and manage the Property and to collect the rents of the
Property including those past due. Any rents collected by Lender or the receiver shall be applied first to payment of the costs of management
of the Property and collection of rents, including, but not limited to, receiver's fees, premiums on receiver's bonds and reasonable attorneys'
fees, and then to the sums secured by this Security Instrument.
21. Release. Upon payment of all sums secured by this Security Instrument, Lender shall request that Trustee release this Security
Instrument and shall produce for Trustee, duly cancelled, all notes evidencing debts secured by this Security Instrument. Trustee shall release
this Security Instrument without further inquiry or liability. Borrower shall pay any recordation costs and the statutory Trustee's fees.
22. Waiver of Homestead. Borrower waives all right of homestead exemption in the Property.
23. Riders to this Security Instrument. If one or more riders are executed by Borrower and recorded together with this Security
Instrument, the covenants and agreements of each such rider shall be incorporated into and shall amend and supplement the covenants and
agreements of this Security Instrument as if the rider(s) were a part of this Security Instrument. [Check applicable box(es)]
Adjustable Rate Rider
❑ Graduated Payment Rider
Adjustable Rate Assumption Rider
n Condominium Rider
M Planned Unit Development Rider
Other(s) [specify]
1 -4 Family Rider
n Fixed Rate Assumption Rider
BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants ained in this ec ' y Instrument and in any rider(s)
executed by Borrower and recorded with it. -------------
(Seal)
MUND C. RUFFIN - Borrower
[Space Below This Line For Acknowledgment]
STATE OF COLORADO
COUNTY OF PITKIN
THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME THIS 05TH DAY OF FEBRUARY,
1991 BY EDMUND C. RUFFIN
WITNESS MY HAND AND OFFICIAL SEAL:
MY COMMISSION EXPIRES:
Joy S. HigensMotary Public
My Commission expires 4raA4
601 East Hopkins
Aspen. Colorado 81611
CHI - 06/89
ouuu24
J. ,
PUBLIC
(Seal)
'- Borrower
M �
REAL ESTATE CORPORATION
932 Laskin Road, Virginia Beach, Virginia 23451 (804) 491 -7700 FAX (804) 491.8632
May 25, 1993
Aspen Pitkin County
Regional Building Department
Aspen, Colorado
RE: 182 Doc Henry Road
Woody Creek, Colorado
Dear Sirs:
Please be advised that John B. Stewart is authorized to act on my
behalf in all matters relative to the application, review and
granting of a building permit and other necessary documentation
relative thereto.
Sincerely yours,
dmund C. Ruffin
Enclosures
ECR /tap
COMMONWEALTH OF VIRGINIA
CITY OF VIRGINIA BEACH to -wit:
This letter of authorization was acknowledged before me -by Ndmunid
C. Ruffin on the 25th day of May , 1993, in the jurisdiaticih .`, ",,
aforesaid,
My commission expires: _ ?
O. V V U L V
r..
-o SENDER:
'rn Complete ite and /or 2 for additional services.
y Complete item,
so wish to
and 4a & b.
>� Print your name and address on the reverse of this form so
return this card to you.
receive the
that we can following services (for an extra
N
fee):
d Attach this form to the front of the mailpiece, or on the back ifs ace
permit.
does not P 1. Addressee's Address
C7
•0
m
s • Write "Return Receipt Requested" on the mailpiece below the
• The Return Receipt will show to whom the article was delivered
C delivered.
article number.
2• Restricted Delivery
and the date
V
«
a
.W
3. rticle Addressed to:
Consult Postmaster for fee.
U
CD
CL
1N` j—
�`t �- /1 r �J f �� r\
4a. Artic
um��LJ Q ( �
p�
c
t
O j-
7 3 °LS
`
l
4b. Servi e Type
�+`
y
"l �crts�
❑ Registered ❑ Insured
LLJ
5 n Z C !
J
ertified ❑ COD
Express
0 If,
Mail ❑ Return Receipt for
p
Merchandise
7. Date of De ver
O
X 5. Signature (Addressee) I ,
o I. J
� �
'2 Z
8. Addresse
w
c
s A dress (Only if requested
and fee is paid)
9 Y
OWC ture t)
cv
A-[
o
z
~
yPS Form 1, De
. . GPO: 1992- 323 -402 DOMESTIC RETURN RECEIPT
r`' o wish to receive the
SENDER:
)d/or 2 for additional services.
• Complete iterr'I, following services (for an extra
di
N rs
• Complete item „ and 4a & b. feel:
N Print your name and address on the reverse of this form so that we can
El Addressee's Address
d
rn
return this card to you. 1 .
• Attach this form to the front of the mailpiece, or on the back if space
1Z
m
does not permit. 2, El Delivery
• Write "Return Receipt Requested" on the mailpiece below the article number.
Y Receipt will show to whom the article was delivered and the date Consult postmaster for fee.
C1
• The Return
iD
C delivered. 4a. Article U ber
Article Addressed to: /C
t
d J
o
CL 4b. Service Type
E `` (� I N e J K��Z ❑ egistered ❑Insured
l
Cr
G
c
G V l5 /
Certified El
z
2 ` Express Mail ❑ Return Receipt for
e- J h p Merchandise
p
i
7. Date o Deli
3
o UUUU 23
a
8. A S. s "Adi�ress (Only if requeste �c
z 5 ignature (Ad eel and fee is paid)
Ir-
ut 6. Signature (Agen
' DOMESTIC RETURN KtLtir i
> PS Form 3811 , December 1991 *U.S. GPO: 1992 --323 -402
so wish to 1--
services 00t or a
fn exU
following
DER' ndlor 2 for additional services • that we can feel: Address
SE complete iter 4a & b. of this form so ❑Addressee's
Complete iten`� .and the reverse 1.
N Comp address on it space
m name and or on the back DeliverY
.N. . print YOU' "a to Y°U� of the mailpiece' number 2. ❑ ReStriCteCl `
d return this to the front article aster for fee• Cr
> . Attach this form iece below the Con It postm
the mailp delivered and the date PO
N does not permit. t ReQuested'.nom the article was
"Returncepty Article
CD . Write Receipt will show tow 4a • d
ae . The Return Cr
Cdelivered ddreSsed to'. CP
3 Article A 4b, Service TYPe ❑ Insured
-a C.c C - I ❑ Registered N
.1 Receipt
L�� CX� c l ertified R�D rn Receipt for
� ; v G N �' r Express Mail ❑Merchandise o
d)� j/ Del C > T
cUn c. �' t_' G K 7. Date of O I i
ddress l0 Y
if requested c co
g, Addressee's Ad t.
V H
Q +9r see) and fee is P
Z ignature
TURN RECEIPT
Cr 6 Signature (Agent) DOMESTIC RE
3811 December
1991 S. GPO: 1992 - 323 402
i PS Form
N
{o1loWin9 service' y
Address N
i serv1Ces so that We can {eel O d r
d essee s
A a
ndlor 2 tobaddItiona e o{ this form ace 1 tgd Delivery
ai SENDER r 4a & revers °k it sp estric e.
Complete Ite +. .and on the the ba R fof fe
m ,. Po SPY °ur narnt�or�You addresst of the mailp�ece, °r oneloW the B iclde he date consult Postmaster 7
N turn this card orm to the Iron n the rnailpre� \Nas delivered ar` le U bef
d
r. Attach this it. t W uelted" ° the article P,ftic
4a•
6` does not per ReceiptRehoW to Whom p1
ai s Type insured
N . Write .,Return Peceip 3
y -The Return C 1�•,j�l`� 4b• ser"ice
-0,— J a Registered O Cpp r
c delivered Addressed f a Return ReeerPt {o
3. Artiicle� erri iCerti{ied andrse
(� ^ erch
Express Mail M o
E cW 1
C �\ S Daatn� o{ p eis live rV
C- eues ed -'r-
-- nIq { Qo Addrs
v de s
N A aidl
d {ee
see)
dd es u�N RECEIPT
Q
�A E
sgnature
S i 9nate t�l1
U a V S,
3.402 DCME
ur �A9en 2
GPO' 199
6 SjIC R
1 pecernber 199
i PS Form 3 $1
a
30 wish to receive the
• Complete iter �ndlor 2 for additional services. fOIIOWing services (for an extra
SEND R: '
rn • Complete ite� and 4, & b. we can fee):
W
rUi> Print your name and address on the reverse of this form so that 1. Address N
N return this card to you. or on the back if space a+
O
• Attach this form to the front of the mailpiece, 2 ❑ Restricted Delivery 'y
does not permit. U
0) • Write "Return Receipt Requested" on the mailpiece below the article num er.
t Consult postmaster for fee.
+' • The Return Receipt will show to who
the article was delivered and the date
delivered. 4a. rtic umQb r
o `
3. Article Addressed t
cc
4b l i �� �i C G• C 4b. Service Type [] Insured
CL , �� Registered
c
E `� al VY�lt�1�4 ertified COD
Receipt for
U of
e�7- I ` 1 ( Express Mail Merchandise o
W AS .y1' v l l 7. Date of Delivery 3
T
O
O ,e
Q g. Addressee's Address (Only if requested
e! and fee is paid)
5. Signature (Address l r
F-
I—
U, 6. Si nature (Agent
2-- 323 -402
�- PS Form 3811, ecember 1991 s.
to
DOMESTIC RETURN RECEIPT
ASPEN /PITKIN PLANNING OFFICE
�' ✓ ��
130 South Galena Street Aspen, Colorado 8/16(1/1 ! %°
DD
(303) 920-5090 7 3-0R 3 � `O
LAND USE APPLICATION FEES
CITY:
- 63250 -134
- 63270 -136
- 63280 -137
- 63300 -139
- 63310 -140
- 63320 -141
- 63330 -150
-63432 -157
-63432 -157
- 00100- 00000 -31070
HISTORIC PRESERVATION:
- 63335 -151
- 63336 -152
- 63337 -153
- 63338 -154
- 63339 -155
COUNTY:
- 63160 -126
- 63170 -127
- 63180 -128
- 63190 -129
- 63200 -130
- 63210 -131
- 63220 -132
- 63230 -133
- 63240 -149
- 63450 -146
35 -148
REFERRAL FEES:
- 63360 -143
00115 - 63340 -163
00123 - 63340 -190
00125 - 63340 -205
PLANNING OFFICE SALES:
- 63080 -122
- 69000 -145
GMP /Conceptual
GMP /Final
SUB /Conceptual
SUB /Final
All -2 Step Applications
All 1 Step Applications
Staff Approval
Zoning Plan Check
Sign Permit
Use Tax for Sign Permits
Exemption
Minor
Major Devel.
Signif. Devel.
Demolition
GMP /General
GMP /Detailed
GMP /Final
SUB /General
SUB /Detailed
SUB /Final
All 2 Step Applications
All 1 Step Applications
Staff Approval
Board of Adjustment
Zoning Plan Check
Engineering - County
Engineering - City
Housing
Environmental Health
County Code
Other (Copy Fees)
TOTAL
Phone:
Name:
Project:
Address:
Check #: - Date:
No of Copies:
,n
"A 3-1
CITIJ I'll,
"
✓vi
11) 1 WIA/ '7
i'mm 1,
pel'isnia
p
� ",1 0 ", 9 6 !?: 0
1V W) *TIVONMPIV,5
, 291dC x0q '0''1
{'I1( IJ NI fi Xmil
)��l 'fuli'molu
I I