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HomeMy WebLinkAboutpitkin.planning.247115401006DOCUMENT 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 (11x1') Parcel ID: 2471- 15 -4 -01 -006 Application Date: 2/6/13 Case No: P007 -13 Description: Dodd Activity Envelope and Site Plan Review Planner: Mike Kraemer # Copies: 1 Allocated Hours: 12 Project Address: 1750 SOUTH SHORE DR, MEREDITH, CO 81642 % Over Hours: 4.4 Property Owner: DODD Owner's REP: TOM NEWLAND REP's Email: tomn @sopris.net Address: 6726 COTTONWOOD DR Owner Phone: SHAWNEE MISSION, KS 66216 Address: 417 ORIGINAL RD REP's Phone: (970) 618 -9922 BASALT, CO 81621 Referrals: EH & NR REFERRAL Other Referrals. Frying Pan Caucus none CDOW FIRE DEPT - BASALT ALL OTHER REFERRALS Comments Due Date: 03/28/2013 Meetings: 1st Meeting: 2nd Meeting: 3rd Meeting: Meeting Date. Review Body: admin Public Hearing? yes Notice Date: 02/28/2013 Meeting Notes: Approvals: BOCC Resolution #: P &Z Determination #: BOCC Ordinance #: HO Determination #: Admin Determination #: 036-2013#599967 Other Information: VRApproval Date: 05/30/2013 Plat Recorded Date 05/31/2013 VR Expires Date. 05/30/2016 Plat (Bk, PG): B103 P14 #599969 Remarks: Application Type: Activity Envelope Site Plan RECEPTION #: 599967, 05/31/2013 at 12:28:56 PM, 1 OF 6, R $0.00 Doc Code ADMIN DECISION Janice K. Vos Caudill, Pitkin County, CO ADMINISTRATIVE DECISION OF THE PITKIN COUNTY, COLORADO, COMMUNITY DEVELOPMENT DIRECTOR GRANTING APPROVAL FOR THE DODD ACTIVITY ENVELOPE AND SITE PLAN REVIEW Administrative Decision No.� -2013 RECITALS Jean and Monroe Dodd (hereafter referred to as "Applicants ") have applied to the Community Development Director of Pitkin County, Colorado ( "Director ") for Activity Envelope and Site Plan Review to develop a single family residence on a vacant lot. The Lot is legally identified as Lot 6 of the BOCC approved Ruedi South Shore Subdivision. PID#: 247115401006. 2. The Lot is approximately 10.4 acres, is in the RS -30 zone district, and is non - conforming in size. 3. The Lot is currently undeveloped. The Ruedi South Shores Subdivision was approved at Detailed and Final Plat pursuant to BOCC Resolution No. 84 -24 (recorded at BK 464 PG 973). General Submission was approved pursuant to BOCC Resolution No. 82 -125 (Recorded at BK435 PG 410). The plat was recorded at Book 16 PG 50 -51 (Reception No. 261637). Building envelopes were approved as part of this subdivision, however, the envelopes are no longer vested. Protective covenants, that the County is also a party to, are recorded at BK 471 PG 304 -325 (Reception No. 261638). Pursuant to Table 2 -1 in the Land Use Code, platted subdivisions do not lapse and development may occur. 4. The Application was referred to the Colorado Division of Parks and Wildlife (CPW), Basalt and Rural Fire Department, and Frying Pan Caucus. Comments were received from the CPW and the Basalt and Rural Fire District and have been incorporated into conditions. 5. The Lot is mapped with elk production area and is located within a low wildfire hazard area. The CPW has commented on the proposal and feels that the development can have potential impacts on wildlife and has offered conditions to mitigate those impacts. The Applicant has also proposed an envelope that avoids steep slopes. 6. The Lot is situated within the subdivision so that development of the residence in the new Activity Envelope will not obstruct a ridgeline as viewed from Frying Pan Road. 7. Public notice was published on February 28, 2013. An affidavit of public notice was mailed on April 27h, 2013. No objections were received within 30 days. 8. The Director finds that the proposal meets the standards of the Land Use Code for Activity Envelope and Site Plan Review. APPROVED by the Director, subject to the following conditions: Page ! of 6 1. The Applicants shall adhere to all material representations made in the current or prior applications or in public meetings or hearings and shall consider those representations to be conditions of approval, unless amended by other conditions. 2. No calculations for height, bulk, setback, size, floor area, or any other building and zoning requirements have been conducted. These requirements will be considered at the time of building permit review. Structures represented in the application might not be permitted under building and zoning regulations. 3. Pursuant to Note I 1 in Use Table 5 -1.A, maximum floor area for the principal structure is 4,000 square feet. The 4,000 square feet includes below grade space and attached accessory structures. Maximum floor area for a detached accessory structure is 1,750 square feet. 4. Prior to submission of any future building permit applications, the Applicants shall be required to submit for approval by the County Attorney and Community Development a Site Plan with an Activity Envelope in accordance with Land Use Code Section 2- 30 -20(g) and Application Manual Section 2.1.12. The above referenced approvals shall be a condition precedent to finalization and recordation. 5. The Applicants shall comply with all previous approvals mentioned in recital #3, however, these previous approvals do not need to be provided at building permit submittal. The Applicants shall submit, at building permit submittal, the Ruedi South Shores Protective Covenants recorded at BK 471 PG 304 -325 (Reception No. 261638). 6. No structural development, with the exception of fencing, in excess of 30" shall occur within the setbacks of the Lot. Landscaping in the form of berms shall not exceed four feet from the most restrictive grade. Grade change and walls associated with driveway development is permitted up to six (6) feet within a setback. Any other external development located within setbacks mandated by County zoning regulations shall require a variance from the Board of Adjustment. 7. The new residence shall utilize indigenous earth -tone colors and non - reflective roofing. 8. At building permit application, the Applicants shall: A. Complete a fireplace /woodstove registration form with the Community Development Department, if necessary. B. Obtain a stormwater permit from the State of Colorado if site disturbance exceeds one (1) acre. C. Obtain a County access /driveway /tumaround permit that is acceptable to the Basalt and Rural Fire Protection District and Community Development. D. Submit a drainage and erosion control plan for review and approval by Community Development. E. Submit a construction management plan for review and approval by Community Development showing the locations of staging, material storage and employee and construction traffic parking. F. Pay the applicable road and employee housing impact fees. G. Apply for an OWTS permit with the Environmental Health/Natural Resource Department. Page 2 of 6 9. The Applicants shall adhere to the following low wildfire standards. A. Defensible Space The area around all buildings /structures shall comply with the following: 1. Brush, debris and non - ornamental vegetation shall be removed within a minimum ten -foot (10') perimeter around all structures. 2. Vegetation shall be reduced to break up the vertical and horizontal continuity of the fuels at a minimum of a thirty (30) foot perimeter around a structure built on flat ground. 3. Spacing between clumps of brush and vegetation up to the thirty (30) foot perimeter shall be a minimum of two (2) times the height of the fuel. Maximum diameter of the clumps shall be equal to the height of the fuel. All measurements shall be from the edges of the crowns of the fuel. 4. All branches from trees and brash within the thirty (30) foot perimeter shall be pruned to a height of ten (10) feet above the ground with removal of ladder fuels from around trees and brush. 5. Tree crown separation within the thirty (30) foot perimeters shall have a minimum of ten (10) feet between the edges of the crowns, except for mature stands of aspen trees where ladder fuels have been removed. In areas of aspen regeneration, understory shrubs and down and dead materials shall be removed.\ 6. All branches that extend over the roof eaves shall be trimmed and all branches within fifteen (15) feet of chimneys shall be removed. 7. The density of fuels up to a one hundred (100) foot perimeter of the structures shall be reduced where natural reduction has not already occurred. 8. All deadfall up to a one hundred (100) foot perimeter shall be removed. 9. No new conifer trees shall be planted within ten (10) feet of a residence. 10. No flammable mulches shall be placed within two (2) feet of a residence. 11. The property owner shall be responsible for the continued maintenance of the defensible space vegetation requirements. B. ROOFING MATERIALS, ROOFING VENTS AND PROJECTIONS AT AND BELOW ROOF LINE: Roof Materials a. Class A covering or Class A Assembly as defined by the currently adopted building code. b. No wood shakes or shingles. C. Roofs with less than a 3:12 pitch are not permitted unless they comply with the following: Page 3 of 6 1. All roof coverings shall be constructed of non - combustible materials and installed on a Class A roof assembly. 2. All roof coverings shall have a surface that shall facilitate the natural process of clearing roof debris. 3. Protrusions above the rooline, such as parapets, shall be prohibited. 4. Roofs shall be installed as required by the adopted Building Code and shall have a minimum pitch of 1:48. D. MAINTENANCE AND MISCELLANEOUS REQUIREMENTS 1. Roofs and gutters shall be kept clear of debris. 2. Roof vents shall be screened with corrosive resistant wire mesh, with mesh one- fourth (%) inch maximum. 3. Yards shall be kept clear of all litter, slash and flammable debris. 4. All flammable materials shall be stored on a parallel contour a minimum of fifteen (15) feet away from any structure. 5. Weeds and grasses within the ten (10) foot perimeter shall be maintained to a height not more than six (6) inches. 6. Firewood/wood piles shall be stacked on a parallel contour a minimum of fifteen (15) feet away from the structure. 7. Swimming pools and ponds shall be accessible by the local fire district. 8. Fences shall be kept clear of brush and debris. 9. Wood fences shall not connect to other structures. 10. Fuel tanks shall be installed underground with an approved container. 11. Propane tanks shall be buried, if possible, or installed according to NFPA 58 standards and on a contour away from the structure with standard defensible space vegetation mitigation around any aboveground tank. Any wood enclosure around the tank shall be constructed with materials approved for two (2) hour fire- resistive construction on the exterior side of the walls. 12. Each structure shall have a minimum of one ten (10) pound ABC fire extinguisher. 13. Addresses shall be clearly marked with two (2) inch non - combustible letters and shall be visible at the primary point of access from the public or common access road and installed on a non - combustible post. 14. The Applicants shall comply with the Basalt and Rural Fire Protection District Code. 10. The Applicants shall comply with the following general conditions regarding wildlife: A. Manipulation of vegetation outside of the Activity Envelope is prohibited. B. Mesh or woven wire fences are prohibited outside the Activity Envelope. C. Wood rail fencing shall employ three (3) rails or less, be the round or split rail type, shall not exceed fifty -four (54) inches in height above ground level, and twelve (12) inches in width (top view), and shall have at least eighteen (18) inches between the lower two (2) rails. D. Wire fencing must be three (3) strands or less. The top wire should be a twelve- point- five (12.5) gauge twisted barbless type at a maximum height of forty -two (42) inches. The middle strands (which may be barbed) should be located a minimum twelve (12) inches apart and from the top wire preventing entanglement when mule deer jump over. The bottom strand should be sixteen (16) inches from the ground. Page 4 of 6 E. Fruit bearing trees and shrubs shall be prohibited within the Activity Envelope. This does not include pre- existing native trees and shrubs. F. Access shall be provided to the Colorado Division of Wildlife for trapping, tagging, studying, or otherwise managing wildlife. G. Trash/garbage shall be kept in an approved bear resistant container or enclosure. These containers shall be accessible to and use at all times by contractors on site. H. Bird feeders, including hummingbird feeders, shall be hung away from any deck or window, and be at least ten (10) feet from the ground suspended between two (2) trees or posts. All seed feeders shall include a seed catchment pan to catch discarded seed. I. Pet food shall not be left outside. J. All outside doors shall utilize solid round handled door knobs. 11. Due to the proximity of the Lot to Elk Production Area, the Applicants shall adhere to the following additional standards: A. No construction is permitted between May I" through June 30'". B. Dogs are prohibited. 12. No development shall occur outside the approved activity envelope with the exception of vegetation removal necessary to comply with the wildfire mitigation measures described above. No structures shall be permitted outside of the approved activity envelope. Applicant shall be required to obtain an Earthmoving Permit for any work outside the approved envelope. 13. Prior to commencement of any earthmoving or other construction activity, the Applicants shall stake the corners of the activity envelope and install construction fencing around the construction site. The fencing shall remain in place until issuance of a Certificate of Occupancy. 14. All areas disturbed by construction shall be re- vegetated with native shrubs and grasses within one growing season of the project's completion. 15. Statutory vested rights for the approval contained herein are granted pursuant to the Pitkin County Land Use Code and Colorado Statutes, subject to the exceptions set forth in Pitkin County Land Use Code, § 2 -20 -170 and C.R.S., § 24 -68 -105. The statutory vested rights granted herein shall expire on May , 2016. 16. Failure to comply with the conditions of this approval may result in revocation of this approval, or any subsequent permit(s) or approvals) related to this property, or vested rights associated with this property. Page 5 of 6 PUBLISHED AFTER ADOPTION FOR VESTED REAL PROPERTY RIGHTS in the Aspen Times Weekly on the Z day of L"X lne , 2013. APPROVED by the Director, thisz —vt#y of , 2011.' C4 Cindy Houben, Community Development Director PIDN 247015401006 P0007 -13 Page 6 of PO Box 481; 417 Onomel Road, Vna B Baul1,CG 81621 Phone (970) 927 4615 Fax (Q70)927 0106 tornn®xp,iviet February 6, 2013 Mike Kraemer Pitkin County Community Development Department 130 South Galena Street Aspen, CO 81611 RE., ACTIVITY ENVELOPE & SITE PLAN REVIEW, PARCEL ID #247115401006 Dear Mike Please accept this letter as Jean and Monroe Dodd's (the Applicant) request to obtain an Activity Envelope and Site Plan approval for their property, located at 1750 South Shore Drive near Meredith, Colorado. Any request for an Activity Envelope and Site Plan approval must provide a summary letter explaining the request, background information on prior approvals and permits, and shall address compliance with the Code Sections listed within the Pre - application Conference Summary. BACKGROUND INFORMATION The property is located in the Ruedi South Shores Subdivision along the south side of the Ruedi Reservoir in the Frying Pan valley (see Exhibit 4). South Shore Drive connects to Lake View Drive, which in turn connects to the Frying Pan Road at the upper (east) end of the reservoir. The property is currently vacant but does have a primitive driveway down to the building envelope and a well exists on the site. The site consists of consistently sloping terrain ( >25 %) covered with aspen and spruce trees. The property is zoned RS -30 and is located within the boundaries of the Frying Pan Caucus. The property is 10.32 acres in size, and 4,000 square feet of floor area is allowed by right. The property is part of the Ruedi South Shores Subdivision and as such is bound to the covenants of that subdivision which are included within ATTACHMENT 5. LAND USE CODE SECTIONS TO BE ADDRESSED Attached to this letter as required by the Pre - application Conference Summary (ATTACHMENT 1) please find the following materials, documents and information: Sec. 2- 30- 20(g): Site Plan Criteria for Approval As evidenced by the contents of this letter and attachments, we feel that this application complies with the Activity Envelope and Site Plan Criteria as set forth in Section 2- 30- 20(g): ATTACHMENT 1: Pre - Application Conference Summary Sheet Land Use Hnnnmp • P�m1t Expedition • Piolett.Manaoement • t w n�-i ; Repie;entab je- Info)maTi n Management 0(J0001 cal (0("j ATTACHMENT 2: Consent from the owner of the property for Newland Project Resources, Inc. (NPRI) to represent them and to process the land use application. ATTACHMENT 3: Disclosure and proof of ownership of the property complying with Subsection 5- 70- 020(D) of the Land Use Code and List of Adjacent Property Owners. ATTACHMENT 4: Parcel description, including legal description, and an 8 -1/2 "x 11" vicinity map locating the subject property within Pitkin County. ATTACHMENT 5: Previous Land Use Approvals. ATTACHMENT 6: Executed Pitkin County Community Development Agreement for Payment of Land Use Application Fees form. ATTACHMENT 7: An Improvement Survey that shows the existing conditions on the site, topography in the Building Envelope, access, zone district setbacks, and physical features. ATTACHMENT 8: Draft Site Plan Plat prepared in accordance with the requirements of Subsections 7 -10 -50 of the Pitkin County Land Use Code and Section 2.2.1 of the Pitkin County Land Use Application Manual. Included are a Site Plan, grading plan, drainage and erosion control plan, and driveway plan. ATTACHMENT 9: Floor plans and elevations for proposed residence ATTACHMENT 10: Scenic View Protection Exhibit Section 7- 10 -50: Activity Envelope and Site Plan We feel that the Activity Envelope and Site Plan as proposed (ATTACHMENT 8) will allow the activities and development to comply with provisions of the Land Use Code and Comprehensive Plan, as it avoids the "constrained areas' located on the property and buffers or mitigates the effects of development on nearby constrained areas. As shown in ATTACHMENT 9, the development proposed is a two -story, single family residence that is approximately 2,700 square feet. The Activity Envelope proposed is of adequate size for all of the anticipated allowed uses by right on the property. These uses include a single family residence, grading, yard and landscape improvements, water and septic system improvements. The property is zoned RS -30. The parcel has a non- conforming lot size of 10.32 acres. Setbacks for a 10.32 -acre parcel in this zone district are as follows: Front Setback 100 -feet Side Setback 30 -feet Rear Setback 50 -feet SITE PLAN APPROVAL REQUEST - SPID # 2471154ouoo6 0OU002 Page 2 It is acknowledged that upon approval of the Site Plan, any and all applicable local, state or federal permits required to conduct development activities will be obtained prior to initiation of construction. It is also acknowledged that all areas located outside of the approved Activity Envelope will not be disturbed and that construction fencing shall be placed around the perimeter of the Activity Envelope prior to initiation of construction. Section 7- 20 -10: Site Preparation and Grading (a) Grading and Fill Placement Grading and fill placement is anticipated on the site. The amount of excavation and fill is approximately +/- 500 cubic yard which will be excavated and placed within the Activity Envelope. No excess fill is anticipated; however, if there is additional fill, it will be hauled off site to the county landfill. Included within ATTACHMENT 9 is a grading plan for the site. (b) Clearing, Grubbing, and Vegetation Removal All clearing, grubbing and vegetation removal will occur within the approved Activity Envelope (See ATTACHMENT 8). (c) Tree Removal and Mitigation There are Aspen and spruce trees on the property. There are trees of six (6) inches or larger diameter at breast height. None of these trees are anticipated to be removed as a part of the construction of the house, driveway or septic field. However, some trees larger than 6" dbh may be removed for wildfire mitigation. (d) Protection of Natural Terrain The applicant agrees to implement appropriate design and construction techniques to lessen and mitigate the physical and visual damage to the site as follows: (1)REVEGETATION Revegetation efforts will utilize native or similar horticultural material, and will be completed during the first planting season after construction; where vegetation is removed, it will be replaced with vegetation that will reach similar density and height to that removed within two (2) years following conclusion of construction. (2) TOPSOIL To the extent possible, topsoil will be removed and stored prior to any grading or excavating and will be replaced for revegetation. (3) WEED PREVENTION The existing site is relatively weed -free. To prevent possible weed infestation, seed mix used in revegetation efforts will be certified as weed -free and revegetation efforts will be put in place as soon as possible after disturbance. (4) UTILITY INSTALLATION SITE PLAN APPROVAL REQUEST - SPID #247115401006 Page q 000003 Utilities, including water (well), electric (Holy Cross) and telephone (CenturyLink) exist to the site and will be buried to the house within the approved driveway and Activity Envelope. (5) EROSION, SEDIMENTATION, AND STORMWATER MANAGEMENT Disturbance of ground vegetation shall be limited to the areas within the Activity Envelope where development will take place. Although topsoil will remain on site, some excavated soils will likely be trucked off -site. The site plan shows that the cuts into the property required for placement of the driveway and residence are at least 1:1.5 and can be easily revegetated. Natural drainage patterns, which run down the site from south to the north, will be maintained and improved so that natural drainage runs around the house and driveway. Additional run -off created by the house will be retained on site. Stormwater management practices will be utilized when constructing the improvements on the property. With respect to grading, the attached grading plan conforms to the following standards: • The original, natural grade within the Activity Envelope shall not be raised or lowered more than four feet, provided that said natural grade can be changed up to seven -feet if retaining walls are utilized; • Grading for accessory building pads is not anticipated. • Where grading, excavation or filling is required, slopes of 25% (4:1) will be placed where practicable and these slopes will not exceed 50% (2:1). Slopes between 25% and 50% will conform to the requirements of Section 7- 20- 20(e)(4)(c). • All cut, filled or graded slopes shall be recontoured to the natural, varied contour of the surrounding terrain. • If retaining walls are utilized, the guidelines and standards for retaining walls will be followed. Section 7- 20 -20: Steep and Potentially Unstable Slopes The Proposed Activity Envelope does not contain areas where side slopes exceed 30 %. Although the actual slope of the land varies, it is generally 20 - 25% or less across the property. The Improvement Survey (Attachment 7) shows topography along the driveway and within the building envelope at 1 -foot contour intervals. 7- 20 -60: Wildfire Hazards — Mapped Low Wildfire Hazard Area The Applicant agrees to abide with and conform to all of the standards applicable to the Low Wildfire Hazard Area, including those for defensible space; access; roofing materials, vents and projections; maintenance and miscellaneous requirements. We have discussed the proposed site plan (Attachment 8) with Bill Harding of the Basalt & Rural Fire Protection District. Bill gave us the following guidance regarding the development: • Access drive should be 16 -feet wide; • Driveway should approach South Shore Drive in a perpendicular fashion as practicable on the site; • Turnaround at house should accommodate fire truck; SITE PLAN APPROVAL REQUEST -SPID # 747115407006 000004' Page 4 • No water storage required. Bill asks that the Applicant agree to be a part of a subdivision water storage strategy with its neighbors; • No sprinkling required as the house is relatively small (2,700 sq. ft.). 7- 20 -70: Wildlife Habitat According to the Wildlife mapping available at the Community Development office, the following wildlife areas are located in the general area: A mapped mule deer winter range; A mapped Production Area for Elk is located on or is in close proximity and to the south side of the property. Through discussions with you, we understand that according to the Colorado Division of Parks and Wildlife (CDPW) the wildlife habitat mapping at the Community Development Department is dated and Elk Production area is no longer on or adjacent to the property. The proposed Activity Envelope and Site Plan have been developed with consideration towards the applicable General Principals listed in Section 7- 20 -7O(b) of the Land Use Code. The Applicant agrees to abide by the General Standards listed in Section 7- 20 -7O(c) of the Land Use Code when placing development within the Activity Envelope. Although no additional standards are required for the Mule Deer Winter Range, the Applicant agrees to abide by the following additional standards required for development in or near an Elk Production Area, if applicable: Development Standard Requirements Comments Development Buffer 1,320 -feet if practicable It is possible that the entire property lies within 1, 320 -feet of the Production Area. If this is the case, the Land Use Code allows placement of development so that the buffers shall be provided "to the maximum extent practicable ". The applicant proposes placing the residence as located on the site plan and within the designated Building Envelope on the Subdivision Plat. The area in the Building Envelope is cleared and the remaining portion of the property is wooded. Staying within the Building Envelope reduces impacts to native habitat on the property and is seen as the most practicable area on the site for development. General Livestock and Dogs prohibited within'' /. The applicant will comply with these Domestic Animals mile of Elk Production Area; regulations. dogs within '/z -mile shall be kenneled. Timing of Construction No construction permitted in The applicant requests that work inside or adjacent to Elk the house be allowed to continue Production Areas between through this period. May 15th and June 30th. SITE PLAN APPROVAL REQUEST - SPID # 2g72iSpoioo6 Page S 000005 7 -20 -120: Scenic View Protection The standards in this section of the Land Use Code are designed to minimize the visual impact of new development when viewed from designated road corridors, as well as to preserve the rural character of all Rural Areas of the county. After reviewing the Scenic Protection Area Maps at the Pitkin County Community Development Department, it appears that the subject property is located in a designated Scenic Protection Area, as it is a parcel of land that is proximate to and most visible from a specific road listed in the Land Use Code, the Frying Pan Road. Since the property is located within a designated Scenic Protection Area, and is located within a rural area of the County, the proposed development is subject to the Development Standards cited within this section of the Land Use Code. We believe that the site placement and design of the residence conforms to the Scenic Protection Standards as follows: • The placement of the residence on the site utilizes existing topography and natural vegetation to screen the building to the maximum extent practicable; • Although the proposed residence is placed within a Scenic View Protection Area, the entire parcel is within the Protection Area, so there isn't a portion of the property removed from view where the house could be located. • The proposed residence's height and bulk has been designed to avoid, to the maximum extent practicable, the visibility of the building from adjacent residences. It does so by moving the house back on the site and into the trees away from adjacent residences. • The proposed residence does not project above a ridgeline such that a structure silhouettes against the sky when viewed from the Frying Pan Road. • The proposed residence complements the natural topography of the land through the use of natural materials and coloring, and the use of low- reflectance materials. • The proposed residence has been sited to preserve natural vegetation between the building site and adjacent homes to the east. • Utilities to the proposed residence will be located below ground in the driveway and Activity Envelope, thereby minimizing visual impacts to the maximum extent practicable. • The placement of the proposed residence on the site will not require berms to reduce the visual impact. Attachment 9 is a photographic simulation of the residence as it will be seen from the Frying Pan Road. SUMMARY Based on the information submitted in this letter, we believe that the Site Plan as submitted is in compliance with all applicable standards of the Land Use Code and we request that the County approve it as proposed. SITE PLAN APPROVAL REQUEST - SPID # zy711Syoioo6 Page 6 Oil1006 Thank you for considering this request. If you have any questions or requests for additional information, please contact me at 927 -4645 or tomn @sopris.net. Sincerely, Tom Newland, Newland Project Resources, Inc. GO0007 SITE PLAN APPROVAL REQUEST- SPID#z47iigyoaoo6 Page ATTACHMENTS ATTACHMENT 1: Pre - Application Conference Summary Sheet. ATTACHMENT 2: Consent from the owner of the property for Newland Project Resources, Inc. (NPRI) to represent them and to process the land use application. ATTACHMENT 3: Disclosure and proof of ownership of the property complying with Subsection 5- 70- 020(D) of the Land Use Code and List of Adjacent Property and Mineral Rights Owners. ATTACHMENT 4: Parcel description, including legal description, and an 8 -1/2 "x 11" vicinity map locating the subject property within Pitkin County. ATTACHMENT 5: Previous Land Use Approvals. ATTACHMENT 6: Executed Pitkin County Community Development Agreement for Payment of Land Use Application Fees form. ATTACHMENT 7: An Improvement Survey and mapping showing the existing conditions on the site, topography, access, zone district setbacks, physical features and a slope analysis of the property. ATTACHMENT 8: Draft Site Plan Plat prepared in accordance with the requirements of Subsections 7 -10 -50 of the Pitkin County Land Use Code and Section 2.2.1 of the Pitkin County Land Use Application Manual. Included are a Site Plan, building floor plans and elevations, a drainage and Stormwater Management Plan, and a landscape or revegetation plan. ATTACHMENT 9: Floor plans and elevations for proposed residence. SITE PLAN APPROVAL REQUEST - SPID #247115401006 00,0008 Page 8 ATTACHMENT 1: Pre - Application Conference Summary PITKIN COUNTY PRE- APPLICATION CONFERENCE SUMMARY LOCATION: 1750 South Shore Drive PID #: 247115401006 ZONING: RS -30 SIZE: .75 acres OWNER: JEAN & MONROE DODD REPRESENTATIVE: Tom Newland PHONE and EMAIL: 618 -9922, tomnrmsooris.net DATE: December 7, 2012 PLANNER: Mike Kraemer, 920.5482 Type of Application: Activity Envelope and Site Plan Review Description of Project/Development: The Applicant is requesting Activity Envelope and Site Plan approval for construction of a single family residence on a vacant property. Land Use Code Sections to be addressed in letter of request (application): Sec. 7- 10 -50: Activity Envelope; Sec. 7- 20 -10: Site Preparation and Grading; Sec. 7- 20 -20: Slopes Sec. 7- 20 -60: Wildfire (area mapped Low hazard — or Applicant can provide a wildfire assessment from a Pitkin County Certified wildfire expert); Sec. 7- 20 -70: Wildlife (area mapped adjacent to Elk production area and mule deer winter range) Sec. 7- 20- 120(d): Scenic View Protection Areas (Frying Pan Road is a designated scenic corridor) Staff will refer the application to the following agencies: Basalt and Rural Fire Department, Frying Pan Caucus, Colorado Division of Parks and Wildlife, and Environmental Health Review by: Community Development Director Public Hearing: No. However, the Applicant shall post a public notice sign on the property at least 15 days prior to the date specified for the Administrative Decision pursuant to Sec. 2- 20- 100(a)(3) of the Land Use Code. In addition, the Applicant shall mail notice (by I" Class mail) to all property owners and mineral estate owners within 300' of the subject property with the return address of the Community Development Department (form of notice to be obtained from the Community Development Department). The names and addresses shall be those on the current tax records of Pitkin County, as they appear no more than 60 days prior to the date of the public hearing. A property owner receiving the public notice shall have 2 weeks from the date the notice been postmarked to submit comments or objections to the Community. FEES: $4,365 (make check payable to " Pitkin County Treasurer ") • Planning Office flat fee: $3,744 (non- refundable; based on 12 hours of staff time. If staff review time exceeds 14.4 hours, the Applicant will be charged for additional time above 12 hours at a rate of $312 /hour) • Web Technology Fee: $25 • Public Notice Fee: $54 • EH review fee: $542 To apply, submit 1 copy (unbound) of the following information, unless noted otherwise: 1. Summary letter explaining the request, providing background on prior approvals and permits, and addressing compliance with the Code sections listed above. SITF PLAN APPROVAL REQUEST- SPID # 24711540ioo6 U00009 Page g 2. 24" by 36" and 11" by 17" Activity Envelope and Site Plan and standards report as designated in Section 2. 1.1 and 2.1.12 of the Pitkin County Land Use Application Manual; 3. Previous Land Use Approvals (if applicable); 4. Scenic View Protection Exhibits as designated in Section 2.1.12 of the Pitkin County Land Use Application Manual; 5. Proof of ownership of subject property; 6. Parcel description, including legal description and vicinity map; 7. Total fee for review of the application; 8. Signed fee agreement (I copy); 9. Consent from owner(s) to process application and authorizing the representative (I copy) 10. List of all property owners within 300' of the subject property (1 copy) 11. Copies of this pre -app form NOTES. > PLEASE SUBMIT ONE UNBOUND AND ONE -SIDED C'OPYOF YOUR COMPLETEAPPLICATION PLEASE SUBMIT TWO -SIDED COPIES OF ALL REMAINING COPIES OF YOUR APPLICATION (IF POSSIBLE) THE PARCEL IDs SHOULD BE INCLUDED ONALL DOCUMENTS INCLUDED IN YOUR APPLICATION Y ALL MAPS SHALL BE FOLDED > This pre- application conference summary is advisory in nature and not binding on the County. The information provided to this summary is based on current zoning standards and staf's interpretations based upon representations of the applicant. Additional information mar be required upon a complete review of the application. The Pitkin County Land Use Code and Application Manual is available on -line at httP 'n ww aspenpitkin om dept s "'nlatmim> cbn 000010 SITE PLAN APPROVAL REQUEST- SPID # 247115401006 Page 2o ATTACHMENT 2: Consent from the Owner of the Property for Newland Project Resources, Inc. (NPRI) To Represent Them and To Process the Land Use Application Jean and Monroe Dodd 6726 Cottonwood Shawnee, KS 66216 December 21, 2012 Mr. Michael Kraemer, Planner Community Development Department 130 South Galena Street Aspen, CO 81611 RE. • PERMISSION TO REPRESENT Dear Michael; Please consider this letter as authorization for Tom Newland of Newland Project Resources, Inc. to represent us in the processing of our application for an Activity Envelope and Site Plan Review on our property located at 1750 South Shore Drive, Meredith, CO 81642 (State Parcel ID# 2471 1 5401 006). Mr. Newland is hereby authorized to act on our behalf with respect to all matters reasonably pertaining to the aforementioned application. Should you have any questions, or if we can be of any assistance, please do not hesitate to contact me. Sincerely, � Jean or Monroe Dodd Oul1011 SITE PLAN APPROVAL REQUEST- SPID H 247115401006 Page 11 ATTACHMENT 3: Disclosure and Proof of Ownership of the Property Complying With Subsection 5- 70- 020(D) of the Land Use Code and List of Adjacent Property Owners 000012 SITE PLAN APPROVAL REQUEST - SPID # 24711540ioo6 Page 12 Attorneys Title Insurance Agency of Aspen, LLC 715 West Main Street, Suite 305, Aspen, Colorado 81611 December 21, 2011 Jean D. Dodd and Monroe E. Dodd, Ill 6726 Cottonwood Drive Shawnee, KS 66216 RE: TBD South Shore Drive, Meredith, Colorado 81642 Dear Sirs: We are pleased to deliver the Owner's Title Insurance Policy issued on TBD South Shore Drive, Meredith, Colorado. This policy is a valuable document and should be kept in a secure place. It protects the insured from a variety of title risks. The policy can even protect the insured after they no longer have an interest in the property. We have reviewed the policy for completeness and accuracy. However, you should also review the policy and ensure that all the information is correct. Contact us in the event that any error or omission is found so that we can correct the policy. Thank you very much for giving Attorneys Title Insurance Agency of Aspen, LLC, the opportunity to be of service. I look forward to working with you in the future. Sincerely, Attorneys Title, Insurance Agency of Aspen, LLC it 000013 Telephone (970) 925 -7328 • A • Facsimile (970) 925 -7348 Issued By ATTORNEYS Attorneys Title Insurance Agency of Aspen, LLC TITLE (Member's Name) 715 W. Main Street, Suite 304 GUARANTY Address FUND, INC. Aspen Colorado 81611 esslassis OWNER'S POLICY OF TITLE INSURANCE 1N1611 A. Issued by Attorneys Tide Guaranty Fund, Inc. Any notice of claim and any other notice or sratemism in wring required to be given to the Company under this Policy must be given to the Company at the address shown In section is of the Conditions. COVERED RISKS SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTANEO IN SCHEDULE B. AND THE CCNORIONS, ATTORNEYS TITLE GUARANTY FUND. NC a CabWO wgxreYm (ft 'CanVmfY Inv1 a d Dery d MICY and, m M nenh Need In Covered naka 9 el 10, eEe Dan of Poll against loss or densol M eceedall Me AMI Of InReellu aualemsd w moored by me Iwaed by roam Of Tae bNn weld 01w OW as eYnd h SCIWe" A ArrydOcimorlmmmewbrmosmea Tae. TIN Cowed RuniMUdas bulls MImlad binsufnm egend bu boor 1a) Adsledbldm TAO.M W .,__ 1.,......r,,.xv,.m. mi delwred aaN by tle9aracmeand aAhm'vW by Hew. m I wpw dWOaed by an acwmle mtl amlplem W ewvay tl me Lee TM urm ancroadanerN mro tla l.ad d evsmg lmpmwmerN iWaee m mig mmg I LlnmaMSlebb Ttle I ND njllda®as bard gem tla LAN ) The NdalonmweeBdneddanylm. Dreneda.peme, orgmmmOna replebm0nos"Mnarose rdatlrgbbubug Wo wnngl ssmn "ng.rogUamn,prbhWlirn.orogongb- (el me WWOOl.use.m Nwplenldmem,i (bl dw emile rMenemA orlawhm dal lnprdwnantaedW on Me Los. Wilmot . (W1 eawbbn&A IONAWn (If aeesso alp my If a rblcq deapmnp nY Del sae land n remNW In me Puree Reverse aW1gk(mtla wdabdn o dllarilmm aaarce, 01A only b tin eeerN gore Malabo medeaeled rmnean n m4cC Mwvend IN CoerW R1N 5 rt amice gore eeeacenant awn. CaswWn arcY pan gore Lsld 0 recorded m doe 4 MeremwrlaM gam baNdnebemraee tlapnvmmmal pdiro POxw PIAic Remtls bdbdy m M eeeredme edareenwr Mend m h msl Mao _ T Any U&Vayag evNMnnen hnooeanedadle dndrgmtlmi°mrp�u atm °pdWSSrta wMee wil1o11 Rnowetlge Rewrda B Tftt rnwsWw rn bast B. TAe DVq wsma emarmn tie ammem SrAMbAmbenpdafetiw _ le) tie MYwm veiling rile el bnShcWlA, A BONIUM me, Pw Mmla,mas,W, A Muma , or polmase barlele Symms Wision gcy. sma lrlwWrrc/. ar answ Weston 1181 I ws, w e lsea by (b) Woe O he fnseulll d Mender veang Tile as snown m SdYmYM A maaluRB a qmm M W Yens* istow ledenl bmkaM. Oft Insahverby, a emiNr anaors 1� Well dine Ill of drewrmi, n me Pudk Rewrds D) bbeeswil (a) blmpan ndmtlNaaWnwroaplrmsMrbrvWearroarytlpmsn orlron oedbr _ 10 mDW dPalcyW POW b meneoorMpdMdeW:rmmaddMmwlrn mi PUdcRsmaoral saga TaeNMwnn Sdrdee 0.W Oecordad in me Aldc RemrN Toe CompeWwil alwpry tie wee WamaYS' less edekpeeN lnwrlaOln ddense d nrmdler hveund °�ele by tivs PticY. b10 mM n dIa Mani Dronded m da Cadaom ATTORNEYS TITLE GUARANTY FUND. INC. ERIC R. MORGAN PRESIDENT 000014 PW Hal ALTAPmc'slbllw Fmel6 -17I h Copynplt 400&2702 Anedw land TIM A"Mmm NI nglN Reamed TiwusetlMForm""enabdWO ALTAwesesaald ALTAroeroenm2DOdambn"U"dmduw Nloew MSMP &W ReprrMd 1Wne l,wnw Lorr1 eve Amoral Lertl Tde Assbaaam EXCLUSIONS FROM COVERAGE TMfakN mimesMew(MdyeKAgWImrnMwWagOdbass Ptlwy. adMCA^pany wh1tM pt, mss« amore, weeabaaya'fees aapesecmuamso by Hewed 1 (al Ayae,colneem,penlra rgowmmena rap.selmprAdrg mow Wdnprobaaiq and>awglrn,aMny9, ngaetrg prtlebhrg, «mlafngb g) Mocwma^q',uw. «CeIWrwNdMlan6 la) Mtlynmdsr,Mwssmrta «eonhmday arprOnmearwMdm Mlan. al Mswdw+m,bap.« (ry.wbesiia. datlona Ymse cows. m9nanwa, aooxrmaaal mgLgM=. TNe Emiaslm 1(O doesrot mo6fY orsmlM coverage pveben ulbwcoereb Rmh5 Data of Poacy bate Krwwn to the Irwrete Clamors eW not Assonant in anb g to Me Campeq by M haired delvers on wsWrmdy M M mmsaa Qmm+s llsb alma vets W ho Tons, Cdead Wak9sM 10)'« y, ,as madvamy, a wmladn,Waa' a" Iaws, the M trmceWm wei the Tithe as n,mW n Sc edaeA is Rae g d ths pan, Mutes n M Public Records beat bare Tae as samwnn Srpedule A CONDITIONS 1. DERINITNIN OF TERMS TM fraowig Wmswlmrl i HNC poliry nman sal by d Ineby The emeat alab0II Sphadle A x my a nomased a damsels, y el w m 11115 p3aw nW by Section Alq, as asaey at11"1 aMaaC onO (a ej- Tam bWMdx otPo (o) ErW W A conpaaeion, ptamen,aP. sog. lmiW INAORY aWV. or ones QM (d) Tnau'sa' M lnsaed named n Schodi A. 1�1 Tae tar say XISed Me, Tec tq) mgwgls m M Title d the koN q omr s d law x d revorm p ham pi ors w a on; rue, awwes. aumwrs. poems, 0 an l acs or now s Nn; (B) auwaama m m Inarea by dxWman, merger, ronwlpelm, dstaaon. «reapareelm, (LI adnxrso »Maedaa deaalalmandhere Pia of (DI aguineadw MerW codaodayig any To wdllrn paynwma (11 A ft t mnudaalon rrnvs a the TYN (1) s M took wires. menberMp, «saw army nweea team Staves rewhayowred by M Hansa haaW. (2) 0MganMewhtlNowm MnmyW aWSetl. (J) �dSb is , "M the aONOd EMry ME M nmmd Imo W » aaa wneayavmd by M Came peso r Emy, or (e) if ft gm" le ewabe or bamladr), Of a bait anew by a smlbn nxanam astabhwm by M Ineaed named p Sam," A for aMam PIN" PAMe () a,so, a eau b (a , (ft supaear nos M Corrlpny woad have fIW against (e) 9nYaad Ganlaf: Mlllnaaa Gialwq Cxa ®nrye fn, 'KrsoA'IWga' or'KroNN: Actual kamedidge, rep -m "nmm~ or noon AW mayb pplwlm w Ineasd y leaven d M Paw Recddf a et, (91 'LarC. The Iona wmros, Ice m r, lobe -eye r a ogle of arose on MI 'MagW.. Mmpew deed of wsL Vur flood. « abrr inki ImlrumM nrlbamocar" r eMCemcmesaas"" Nat UI TeuMrReoala Rams sslK Honker paNsy mwum Drellraaryia M papwedaw'aetg mwnrdw nieceametre mw um mneepaperNm 'PU ebi ehil also ode memat�psnrWfeptaredla'1 I� SW" Me rewrds of M rare d M Urss,d SWa QaoW Cron M the dente whore Me Landeicamea 01 'Tats' Taso Maven aeadbW in SdeaaeA (n) 'IAmlalmbb b i Taa Tma rbtled by an aheped a appawl mates tlW ww/a perm a proapaAn papmw a hisses a le Tel «lerlaar m M Tra b to rtleemd horn M oaegobm ro pwtlsaw. base a live d bore b e tanimlbl condom rehuhlrg M dtlmty of mearabm aye. L COtMWJAMNOFNSURANCE TM mvamgs s IM pAi sm1 walrus on tare AS of Dam of ploys, favor of an Inaew, NA ,ry wlorg as M ImeW atom an roam a swest as M Len, ar IWds an obNOW sound by a pachsx mm" Mongolia pun by a Pedrosa ham Me 1nsAW. «ro/ w tang a M Meats same hesn, IbbEN by rMar1 d wrrabee in amt, bsniw a mneyenpa team T)AS. 7M panty same rmtwwenue In bone an Asv a ban prroheler Nam M Inwma d law bl w entm r iMeren, In M Lod. m 4 an obegelm eeaaW y a pwdr,el mars/ Mortpope gnnro M Ineaed 3. NOTICE OF CLAN TOM GM SY INSURED CLAIMANT Tama n,WmayMCanpryprMy Mwrlag(i)nuseelay Irbgdmxxt mm N Season b(a)aM CWdhma.(a) in fib Knowledge NMI acres m an hand ,,shiner day deco of lilt a notion, new is Wvene tots TNe, as insured, and Me i�uU015 ocesa «amWlirg bn,wean Date d PohpY bed M ace arermrdnpdM awe obw mpM cone bel rarm� orwMm M Catyay my a Iletley pow d M poMy, a (u) d M TNn, el awns, in, re(etlW el IATrmrbleble Tile. M M Cwmsy 1s pne Ma/ mis steamItnuada amabroparwtmtn M CD s battery yo M Inaal pamrt under M pobq "l W rednd onto rof the psNda a. PROOF OF LOSS M M ewM M Coapry is uetls to dMmmne M rwpat of lass Or dtag,, M LrwwnY M Y w ib opal. team x e wham dpsFxrl Art M Ineutete aaaeaM turner, a armd Mal of was, Tre prod of We mat a M sew. hen amstbance, or bthw Haber nsusd apmrat by no poky aW OwW boa M baac d loss or danags ad" slate. m M emeat Pro .Me n- Of -tasseling M swum team lox aamage 5, DEFENSE AND PROSECUTION OF ACTIONS (al Upon wpben nocy," by M br,urad, and ebjed b M opbore ocrYre d M Seam T of awe Condkns, M Cmprq, w m awn sae and wens woonorabe daby. NWI prowae fa M ddenm of an Ma m Mgam n wart) ay Bed Pak aselm a tlaim co sea DY Sao poky eavael b M lassoed TM abfpalbn is ended b only owe stsW noses d tar m" sombre abused against by to FORM Tam Caepany WA Me M n9M b soled WW" te a dlwa s (atyad m M rplt d am Moment b ache for r,xamae pawl b mPSara M Irwaad x to Mee BMbati (aaMS Of arias A shel not M mtls W rd vin rot pay M Asia wale, a evenxa mowed by M IearKw in M deforms of those team of edam the Wage mein net hssusd aganat by bee policy (b) 77 The of ties, conmone, M be own ma ben proseoms sa ulm as procoedrq or to do any tons, n,d MI In a opinion may a necessary « dearaae W esabham M Tde, as assayed, a m pramt a redta bay a me win m M , pdw yam Congest, a s tams u appapmte Mm apes M cema f ms pdby, w I no or ell te . a ecbb m M Inroad. Tam xrwn d beel lic, t not a an wmx a a IleyaN a weave' d any a�maaawag.my bats Crnpary nemsx se ripmabater NS Smsermn (c) Moreover the Crrpmy, bangs an action a events a defines AS retained or warammat by ,w de WI hirl or ml"M leaaSdm, and It Wei reserves M agM, in as rob daasam, to appW any, adorn lu lgo wt«oar t DUTY OF NSMSD CLAIMM TO COOPERATE (a) In W use, w11re e.a pe0q pima «rrparx M LwTaIY ro praeenea o. prorate, tar M a,,i of any ado a Pom yrap red rq wppN Mbepsed "I aewee m M Conn, Me r hl as w probswM or pm/a detainee in this acbu i or promising, eldualg M dills to eel. of m open. M nsne d the hared for rise patt one tMmne'.er requested by M Ccrryay M MW W at Me Camp*" separate. "I give M Crroary, an mewimm W (1) b saaorp ewdeme, abaimg wmesxy pMeetuag or d mw M action or Pereednp. or alai venerates. ad (d) in Ay, saw Mara as that an Me opnlm a le Conneaut, nay be r eceswry or aesbla to aaaL M TrN or essayist m ammh M mWrate DOP*121M naffs CC.P"'- Obhg ray W M Inesw mar M policy pall bananas, Iatuing sy n kY a olApelm b dw,", pa ewse, ro ayaua any Nagai wbb regard o M MMbarm (b) Tae 6ftsvi mss, M-M* reelts M heluW Clmrs s, aMm to evmakn Inns assn by any aufoaed representation, a MC RP"adm proci W eawnaroal. inspection. an.9,% At nndl reeswetb amt, said paces m my be deagivlW by M aulloisW mpme mdM CmWoy. W mo'ma, in whatever rlmaum nwaanW, muting Owns. M agars, assess, Memorwdk ewoW rabi spray, a,Inabs, dens, apes. anal vessels abea9w Doing a dab be em or al4 Dab of Policy. Mat renmamy Pepin M M Only « amp. F, . m repmW by any a gm MPaswmahva d M Cmlpty. M Inaaete Cmmam " gram as pre n wamg, tar any wrpmmaed npreean,Wn d am Caraway, to someone. Impel{ W coq' all of me Mel rewrds M M woody orc nyd d a lad pray the rnwnaMe peen W M May or arninP. All wamsbon deig WM w coriCaai by M hwrW CMMwmpraatew M M Camp" punish b bel Sedm sbd M adsdoma d athw, ease", n M reapaebNj dwrem a le Carom, a s necessary n Copyright2(t&MAMaran Lad Tae ASOdeidn MAOMreeraa TmW &" F",s rsW WSdmALTAacenweaWALTAnamlwsngwdemnagas dMdN dux MIWW soyaepmhbmd RepnMdmWkh eDMMAmenmTLid Tat Axodabw Papla] ALTAOwne's peat, Frm161TAa1 sa eOnaan More, s ar tlakal Flue d non bmuree d WftMm wOm1 W Sandiefikon call SMO aynuoly, At Ito sai, on Chord parties aQma pemYWPn m,aWn ron.tooy rrtasry u MrllaowW raOAa . IOy An In as aMl,Kta1, " w"ar, ss fMl Immneb sty IINiNY aH CarlMry Ialdar role poky as to met tin's T. OPTIONSTO In inn of aPdM Ines a PPcUq. " CCOmPRV MN hays' MTERMINATION s"41 a071W options (a) To PayaTa P&Ir dMArlolaadlnsu To PaYatrwm waM en Wamat n n meAttsir. dissIM d q M le aCM4 o ralpM r eY > m d w brn a PtlCY gw ao a wubyM Iw ap m M a Mmn«b peyMm N art M Carpal b abL9aad b MY (b) AS by M CornDay a ties opearl all I solity and aNlpsy m d I M krluea anM its poiq. WM man Of make M patinae amdam, Nd 1M111Mb, wduan9 art, watitY or wjaw to 1, on Wapraany Itlgdon .w1ss same Wn 1'arLee Oaw Ton m. bored on VAn M branMMm.an byaW pafpY In addmn, 14 ns elpenaW Irwalae by M Canary, w b M IX dmMW a k!A and Intl by M bdmabd b Upon in, saw ft by M Ciamay or dmer of M OpbM Paadad for n 8mbytamis (b)(I) of (II). M Owrlpmq' a abllgdPn W M muted 1MM' min Will to In, clainned Ways Or mad, kM$ Material indudr4 �YaDlltY ar wl9011an b deal PrdaNb a Wraatlle,fy litigation DETERANAi1DN AND EXTENT OF LOMILT' TNe pokq a a alrmad d ap,MNy BOW actual manday, Ian a Cwn,9e w3uW Of Ptamea by M wasal eosin wen hd Aslmed Iola a canape by res,m of re ireurad a9ekM by WsPasY.Y (a) Ties of assay ar a M CornMny, la bon a d %g, UnW,M poky and p) MAnwulalNarlFN.a aril MTies abalwarrIre MwaHTmSnaol awM ayesa "Ties sdo under "a by aeon WIRY (b) K" CarrNnY PSaau u dents urlaaf actin 5 of these C.plmalla and Is ulmuwsaMnlyyl6hepna TIe, uewsa, UI Mlnw, dlna..Wa Iya lnPaiaed by fma are (Y) M6rmmrtl dllaanMai as " ear M arsmlb Wss mwce by M W�iuea cili y.fd d M eN an"aw and Paw _ (al bar WAS abob Mr raise araaS Eerie rl Irlamad)in Sobo ambe vein SWona War swMTdaar Candaon. a. LIMITATION OF WmOY (8) II M (bnpoly sylNmrea M Tila. IX nnmves M All area Ian, a enWldnrbe. -a M all Of ago dacmes m a hamM Lod IXaru M dam of Ulanatalslda TM, d u Inwee, In a nasanaby drams miner by All melmd ndudfV Mrean and M W"O~ a sty aW W 4 It sw IoM lily PrrafMd w o0lgdan % nand to Mt mans ad anal Mt W bra W any lima. dmmM Mwd bM Inaursal (b) In M aearll a any W Warn. kNUayq Orgasm. by M C"Mal a win non Compary's Wrara. M Gompwry meI D,M M eddy, W au of ueaa9, taut May nu been a me dAm nn,bPn by a Wet d emupatrd )"Odbe. Brie d poatlm Gall appeals. aEMree b M Tow W Na,ed ICI Tvok,�yummd by me resow In is" any, ftan b lar wt waned M Plow well W Wind a M Cartel 10. REDUCTION OF INSIRIANM; REDACTION OR TERMINATION mss' mee awls M pwyanrde mtlr 9d polar. seaP MYtMnb erpanna Nail ladle M AIIpIW a Inaaa'W by M tarsals d M PaYM 11. LIABILITY NONCUMULAME Tre haaam a nsuarW Oct be reduWd by swag arrWla M Conla y PAs anal a" Pricy Inwlrl9 a MWMM b Marl &WAPOW b rken In SOlaalsa E of b Whirl me amide non, agreed yan11W.I ashen 1111.4 Of Mesh m!dosed by an lM ON b oftneda as aPaymwa Ns kWluaidr urn Pol Ties, and M.mad so pad 12 PAYMENTOFLOSS Vnmysi ymrs me wyle of mss or dareM hm lam defdlely two in acasdesm way Paw cons ary. MMyema Nd aerrWewAhn 0Odaya. ton. RIOIITB OF RECOVERY IPoNPAYMEWORSETTLEM Ie) Nlrray,r M CmWlry Shall naM dUeO M pact , tiro uldm tlr palsy. n arylre Saw didn0Slatlaab, the a amwm HTM eM d oBlm Il9hts eM farrledea N nqw m M Iaam till M bmaltl CIi111w ILLa,98Ny Bny P,raan «Pl,perh'. b M m1M1t aM fm*o a Slay bona.cats. alamatfleW. Cr nMwMlull DyMCawnY Il rsarWdNS M carnality, M Inauatl OBanw Nd nn ns Oo, TII, b eAOmu M bnabf m re, Coasa d ayes Hagan and remoras T n the ad e of thX mad pemm na Star to A m M. WrfllPfansM. a 06 n ma Mir d M kaawed ammaa aM b w, H refined M InwrW da�n ay, aaraaaan «YllgBbarl Ymd6WO tl1,A nlpaa atl Camerae. Ira Mrnra m ,omini d ,dam awn non lest, aw M bas d M baulaO ClrMnl M Caryarry Mal dM M mama, d as rpm b reWMr IsW aIM M Irwaa gaunal end Iw newwnat alMe (DI Tao ,s I ill dml a anlogdpn ildrdu M agba d no bwPaa b .lam mars, landocd, calmed in a bWnv. a at Odd nawd)r gNm aIy brine «a4WYIda anbaad n momnyrinants that addeaa eWragdm rights. u. ARBITRATION Ed ar M Conga y air aye Insured I ly damns 1AM M Well (a aanmMrq Nd W aenmatl of arbm,kn arswd b M Title ktwsalpe Adabdm Rib" of MAnraAa Lm s T,, AMWmm, ('Wass') Eva p Pa In M Rues amre AN one w playa,! IX WI1mIdWn WIeI tlmllm « WIW„Nrm,a a seer Pm,.am AlhaaMe amass A, nseatio Da ma Mt wn,a W. MV Wrinsi811a' of dam Doreen M Conrail mw M Insofar -MV Wt a IX MOV m M Po"- arry amNw in C nrad. man a malw s a M plaON of a adcy pramrm. IX a my adwr cannery aaan M,kO and Mboy wgmag dub Mpdq MyOmab maVer, Mlen M Anminl of InvmNe W $2.000.009 anal) be addyad only Man aDWdbbybum MCOnpayndMlresuid Mbbdan Vr WSa POWYW uwer M Rubs Mailbetaldrig UPmMPebeL JUO/amMa ftmadmrWWW b/ MArbtraMls) rtay re anWaO n mat ooul aaanpmllmnNOn 16. ULBILITy LpAM TO THM POLICY; POLICY ENTMECONTRACT (a) itaa a « m it by eas Carappy iM� aw me Inqued M Can" " / 0 AmyltlWtldb4 «OYMge elm rinse dire yNmatlle ipaa (b) IX by wawa eabn Wedkp auof aamdraaent to mom Say (at My alraltdaby n e t,"dp,,nt m n, Ay rpm IN m wrong rw drawnlaabd by n aWwdme praon, ampfaWl mmrpaateOar ShcedW A atlas Pdm( (d) Eam eM.Nrrd to MA Pdty Issued at any mw Of nlWe a Mrl or M posay eyes Ion ly that m d oy W kurta aria Pfowa r t Eyaa s Mlears' fWnt polllag delve, It y raw non 91 molly am of M lemur aM Pr POKY a M Paley. Pp Sealy nr Prpf ^ Uq rmerw M Data a Pofcy « I'll apa8ae M Mara a IMUrnICB ton. SEVOtAMITY In ne Snit an)' pnamn Of tlm Pavy, In Mile Of In Psd Is nela aheld a UnBdorwe0b uMr apalulie bw. Me Paley did be denmd M b IndMe aM Proedon a aWh way reM m bon arvde, bIA d ahmpnlams flMl fern n full Mw mw area 17. CHOICE OF LAW. FORUM (a) arel BI r wall by tlbPaacy mad d W the peareorn clanged N rmlmas p. try, taiw ragAterapti, In all P-Perty end W9aodMa WU�eI NOs aaaPMhan ngM6, Yssdctim wMa M Lap "y IaUba Tlwabn. M Wur a n atlas and spay M law a H n Mrs M LAM Ii IOaMdm mM M Yddy d Y,9, "TAB dm as In aMmm m M Mond rw or amPm std wet, M Mina W /M p O W MSIR ,th awl M Wul a aLlbaW spay Its Wrp d! a lac PawPb, b "Staffers, p, of Fo appkntla bone a arm MCOM 9 fteigre by M Ilwna (0) ,my, s FaNm" May N9amn ,gala M of A ter IoM be Mao alp y a tub r fears Weal W Way M IMdeO Son a AmaonA a Its reason" imp appnalwy ymedrbon 11. NOTICEI.WNERESEW Any notice an, rip Illy dam PPoll maMM�gI elm Won heC.^P��'Ip rpurldmbgvanp at Aremayp Tpe Gaaney Fwr.lrc PO Res Ira. DmMr, CA 8@014889 IS, FMIA0.ENT CLAIMSAND CLAIMS WMWLIMG II la WawMa INawIrWY Pmwda ayes, NCatPeb. ametrdng wins IXlrnrrMmn b ay kauema WnIMA' W M aNOa! addaudaga yMM11pm eNay M Comp" Panyrea MraadaW kroxlwtllaa mw,aerey ablarwYa. mw aW e8m1Ma AIylMterlW mrMyyaagw anlnalnyn mlrparyvre alvwepy prasWS tales. aminaab. a nitleadrObtla avlbnWem b M Pdry mar a tlammW M P,Wone a0ah,udapadelrWrgb GtardM Wsajttldn a damrM wN le9w m a sel/rlrM «axed pyatla Hall naalW aoa.ds atdl W reports b M Cdaraea adelonaYlwayswAhn M WMnmenla Re9WSOry Agawea. P,,3o J ALTAOwc''Pehq Fan(biT -061 C VY.gM200b20WMmm LWWIMAaaoanwn MngedsrWeneC. T�eawaVy FaMareamdaemALTA aawusa rm ALTA matlben in goMMMn9 a,dlre tlMadaa Mawr eau meamtltee Repwaea Ialdr vMe ham MAlmnCanIaw TIW AssodeMOn 000016 ArcArc� American Land Title Association Owner's Policy uvnnTlt (6.17 -06) w.I TM OWNER'S POLICY NO.OP201112013798 SCHEDULE A Effective Date : 12/5/2011 at exact time of recording Amount of Insurance: $185,000.00 1. Name of Insured: Jean D. Dodd and Monroe E. Dodd, III Attorneys Title Guaranty Fund, Inc. 2. The estate or interest in the Land that is covered by this policy is: Fee Simple 3. Title is vested in: Jean D. Dodd and Monroe E. Dodd, III 4. The land referred to in this policy is described as follows: See Schedule C attached hereto. For informational purposes only, the property address is: TBD South Shore Drive, Meredith, Colorado 81642. Gary A. Wright uu orlucer gentgent 2622 Member Number Copyright 20 209 Amakm Load Title Association. All r Shim mr c& The uce ordde Finam it rmariehd MALTA licmanq and ALTA member in goad ,trading to orate date of ma. An other mes rte Prohibited. Repainted miler lieeme ham dm American Lemd Title Ae illioo. QUU ®17 SCHEDULE B Exceptions from Coverage This policy does not insure against loss or damage, and the Company will not pay costs, attorneys' fees or expenses that arise by reason of. 1. Rights or claims of parties in possession not shown by the public records. 2. Easements, or claims of easements, not shown by the public records. 3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any facts which a correct survey and inspection of the premises would disclose and which are not shown by the public records. 4. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the public records. 5. Unpatented mining claims; reservations or exceptions in patents or in Acts authorizing the issuance thereof, water rights, claims or title to water. 6. Taxes for the year 2011, not yet due or payable. 7. Right of a proprietor of a vein or lode to extract and remove his ore therefrom should the same be found to penetrate or intersect the subject property as reserved in the United States Patent dated April 15, 1902, and recorded May 24, 1907 in Book 55 at Page 524, as Reception No. 071555. 8. Right of way for ditches or canals constructed by the authority of the United States as granted in the Patent dated April 24, 1919, and recorded March 22, 1920, in Book 55 at Page 556, as Reception No. 080491, 9. Terms, conditions, provisions, agreements and obligations as contained in the Warranty Deed dated July 20, 1982, and recorded August 3, 1982, in Book 430 at Page 475, as Reception No. 243215, the Warranty Deed dated July 20, 1982, in Book 430 at Page 476, as Reception No. 243216, the Warranty Deed dated October 3, 1983, and recorded October 21, 1983, in Book 453 at Page 773, as Reception No. 254099, and the Warranty Deed dated October 3, 1983, and recorded October 21, 1983, in Book 453 at Page 776, as Reception No. 254100. 10. Terms, conditions, provisions, agreements and obligations specified under the Ruling of the Referee In the Matter of the Application for Water Rights of the George M. Yates, In the Frying Pan River or Its Tributaries, in Pitkin County, recorded October 17, 1983, in Book 453 at Page 477, as Reception No. 253946. 11. Terms, conditions, provisions, agreements and obligations as contained in Resolution of the Board of County Commissioners of Pitkin County, Colorado, Granting Detailed and Final Plat Submission Approval for the Ruedi South Shore Subdivision, (Resolution No. 84 -24), dated April 9, 1984, and recorded April 19, 1984, in Book 464 at Page 973, as Reception No. 258895. 12. Easements, rights of way and other matters as set forth on the Final Plat -Ruedi South Shore, dated January 31, 1984, and recorded August 10, 1984, in Plat Book 16 at Page 50, as Reception No. 261637. 13. Terms, conditions, provisions, agreements and obligations as contained in the Improvements and Maintenance Agreement dated August 10, 1984, and recorded August 10, 1984, in Book 471 at Page 326, as Reception No. 261639. 14. Terms, conditions; provisions, agreements and obligations specified under the Declaration of Protective Covenants and Restrictions for Ruedi South Shore, A Planned Unit Development, recorded August 10, 1984, in Book 471 at Page 304, as Reception No. 261638, the Amendment to Declaration of Protective Covenants for Ruedi South Shore, A Planned Unit Development, dated October 2, 1985, and recorded December 30, 1985, in Book 502 at Page 416, as Reception No. 274425, and First Amendment to Declaration of Protective Covenants for Ruedi South Shore, A Planned Unit Development, recorded January 11, 1995, in Book 771 at Page 531, as Reception No. 377976. Copynght 2006 -201)9 Ammirm Land Title Aswcat All nghn reserved The ow of this Form is msfticnad as ALTA licrosew end ALTA memhws in good rtvMng m of ilia deas of we. All otlkr was ere prohibited. Reptinud order larnse Own tlm American Lord Title Asmaebon. ODU10A 15. Terms, conditions, provisions, agreements and obligations specified in the Resolution of the Board of County Commissioners of Pitkin County, Colorado, Granting Approval to an Amendment to Ruedi South Shores Subdivision Improvement Agreement, (Resolution No. 85 -85), dated July 22, 1985, and Recorded August 1, 1985, in Book 492 at Page 119, as Reception No. 270203. 16. Terms, conditions, provisions, agreements and obligations specified in the Articles of Incorporation of Ruedi South Shore Homeowners Association, Inc., a nonprofit corporation, dated November 18, 1985, and recorded December 30, 1985, in Book 502 at Page 427, as Reception No. 274426. 17. Terms, conditions, provisions, agreements and obligations specified under the Conservation Easement by and between Southshore Development Company, a New Mexico General Partnership, and the County of Pitkin, Colorado, dated November 21, 1985, and recorded December 30,1985, in Book 502 at Page 457, as Reception No. 274436, and the Conservation Easement by and between C. Neal Johnson and Sue Johnson, and the County of Pitkin, Colorado, dated November 25, 1985, and recorded December 30, 1985, in Book 502 at Page 466, as Reception No. 274438, and the Conservation Easement by and between Patricia Ann Connell and Wayne A. Connell, and the County of Pitkin, Colorado, dated November 25, 1985, and recorded December 30, 1985, in Book 502 at Page 470, as Reception No. 274439. 18. Terms, conditions, provisions, agreements and obligations specified under the Holy Cross Electric Association, Inc. Underground Right -of -Way Easement by and between C. Neal Johnson and Sue Johnson and Holy Cross Electric Association, Inc., dated December 13, 1985, and recorded January 22, 1986, in Book 503 at Page 905, as Reception No. 275028, and the Holy Cross Electric Association, Inc. Underground Right -of -Way Easement, by and between South Shore Development Company and Holy Cross Electric Association, Inc., dated December 10, 1985, and recorded January 22, 1986, in Book 503 at Page 907, as Reception No. 275029, and the Holy Cross Electric Association, Inc. Underground Right -of -Way Easement by and between Patricia Ann Connell and Wayne A. Connell and Holy Cross Electric Association, Inc., dated December 11, 1985, and recorded January 22, 1986, in Book 503 at Page 909, as Reception No. 275030. 19. Terms, conditions, provisions, agreements and obligations specified under the Findings and Order Concerning the Inclusion of Lands in the Basalt Water Conservancy District, dated September 26, 1994, and recorded October 3, 1994, in Book 763 at Page 155, as Reception No. 374899. 000019 COLORADO FORM 130 ENDORSEMENT attached to and forming a part of Owner's Policy No. OF201112013798 Issued by ATTORNEYS TITLE GUARANTY FUND, INC. Denver, Colorado Provided there is situated on the land described under Schedule A of the Policy a single family residence, the Policy is hereby amended as follows: Notwithstanding anything therein to the contrary, the Policy insures against loss or damage by reason of the following: 1. Any unfiled lien for labor or material furnished for improvements on the land (except for any such lien arising out of construction contracted for or assumed by the Insured), provided construction of all improvements are completed at Date of Policy. 2. Rights or claims of parties in possession of the principal dwelling. 3. The enforced removal of the principal dwelling on account of: a. any encroachment of said principal dwelling onto adjoining lands or onto any easement shown as an exception in Schedule B or onto any unrecorded subsurface easement, b. any violation of building setback lines or covenants, conditions or restrictions referred to in Schedule B of the Policy, c. any violation of any zoning ordinance if the land is used only for a single family residence. The term "principal dwelling" means any single family residential structure on the land whether detached or not. If the principal dwelling is a condominium unit it refers to the space within the boundaries of the unit. Additional improvements and areas such as outbuildings, detached garages, fences, driveways, retaining walls, plants and common areas are not included within this definition. The term "zoning ordinance" does not include building codes, occupancy regulations and subdivision laws. This Endorsement is made a part of said Policy and is subject to all the terms and provisions thereof and of any prior Endorsements thereto. Except to the extent expressly stated, it neither modifies any of the terms and provisions of this Policy and any prior Endorsements, nor does it extend the effective Date of Policy and any prior Endorsements, nor does it increase the face amount thereof. 0..11020 COLORADO FORM 110.1 ENDORSEMENT attached to and forming a part of Owner's Policy No. OP201112013798 Issued by ATTORNEYS TITLE GUARANTY FUND, INC. Denver, Colorado Said Policy is hereby amended by deleting printed Paragraph(s) 1, 2, 3 and 4 of Schedule B The total liability of Attorneys Title Guaranty Fund, Inc. (ATGF) under said Policy and any Endorsements therein shall not exceed, in the aggregate, the face amount of said Policy and costs which ATGF is obligated under the Conditions and Stipulations thereof to pay. This Endorsement is made a part of said Policy and is subject to the Schedules, Conditions and Stipulations therein, except as modified by the provisions hereof. This Endorsement is not to be construed as insuring the title to said estate or interest as of any later date than Date of Policy, except as herein expressly provided as to the subject matter thereof. " NOTE: If issued in conjunction with a Loan Policy, reference is to items in Schedule B, Part I. OJt�021 SCHEDULE C File #: PC11002911 Lot 6, Ruedi South Shore Subdivision, according to the final Plat thereof recorded August 10, 1984 in Plat Book 16 at Page 50, Pitkin County, Colorado. UUJ02� Adjacent Property Owners within 300 -feet of Lot 6, Ruedi South Shores Subdivision OVERWAY MONTAGUE REV TRUST 233 CHASE ST SONOMA, CA 95476 DWIGHT BARTON R TRUST PO BOX 11 MEREDITH, CO 81642 SOUTHSHORE DEVELOP CO PO BOX 1933 ROSWELL, NM 88201 560 SOUTH SHORE LLC 7884 ZINNIA ST ARVADA, CO 80005 FOREST SUPERVISOR WHITE RIVER NATIONAL FOREST 900 GRAND AVENUE GLENWOOD SPRINGS, CO 81601 OCV ATTACHMENT4: Parcel Description, Including Legal Description, And an 8 -1/2 "X 11" Vicinity Map Locating the Subject Property within Pitkin County ADDRESS 1750 South Shore Drive, Meredith, Colorado. LEGAL DESCRIPTION Lot 6, Ruedi South Shore Subdivision, according to the Final Plat thereof recorded August 10, 1984 in Plat Book 16 at Page 50, Pitkin County, Colorado. VICINITY MAP .i )1 i � 1 rll 1 Q9 ere w $ Th v sville DR Ford Peck r r 1 ' r Cyclone Mountain Porphyry an eur Mou M n[ Yeckel SITE PLAN APPROVAL REQUEST- 5PID # 2471254o2oo6 Pap 13 i1, 0024 ATTACHMENT 5. Previous Land Use Approvals Final Plat — Ruedi South Shores, Plat Book 16, page 50 BOCC Resolution Granting Detailed and Final Plat Submission Approval for Ruedi South Shores Subdivision, Resolution #84 -24, Reception #258895. Declaration of Protective Covenants and Restrictions for Ruedi South Shores, a Planned Unit Development, Reception #261638. SITE PLAN APPROVAL REQUEST —SPID # 2472154aaoo6 0000, 25 Page iq G O C3 O N B ( a3 Illlte� ")i pi ., a ;•.._;_ i`:�:E ;;Ifi �..� { a c :�6 I��IfEEI s 3 �R! i af'. +. Z �I Ij iI Q's �t lima �Silima �ic1' �{ A �a r- y- n i _E:q ?is N� r ^0#Z }E <� �f .r Z t: p eEE`�JIi l�; Sdda14 E _ j . L 1101,`. t ( � e e i 6 •�ii k riid, ;;Ifi { a i � o o r s i 0 g �- ��y'zr u 0 � J } +�sir ;qp I� H I crr�sFa�_i�t. � _• lr3t'sFRrc s; � I i E n z as o� a 74 (A 74 (A y = A 1 O z 4 A 11 z „1 < m EJ n A � r p I�J) r :v m o� C 0 N N m C) zt 2 O 0 CD CD J, S 3 0 0 0 0 N _... -.. _ . ..-: 7::...: e« e' w. a:-".` r'".".. Y`.." 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V .....�z .....iii^i <a�33L,�?ii�g' iit4? 7it77 {Fizi(�........."""0 "....`.. : ?�83 EY vLt l qa AR. {R.t.°ilai .Y31r� gBd #aE.`. {udxe f9M " " {VC I.,ii tis sxE#s.Fi �T ^c ?E {rii:EUSii: iie F§�x .nay •R • R.. a.... ai ............................. 6........ ............................... P, - e #s e : a- Ij 11 r ,; a r — �V t i� i I;S •sc� 9I �►aa R } �r i• r...k�r•nL - �p N . y W 1 4 �t y l.. %T4YEL g :SLE' __ �• O I -- -- srras:a zpe�sep:EerLs:_e�k�sYLtaE - �. Y:j��'e:C ::SLY:L:ZYEE: §.L:Lrs.22l1S'1: : y s . � J i'Z `f2�g j 3: . LSL:,;i:s {:'_..�RryYC :'Z7.0 • - �y�i■F t7t rk�; i {w ................Yy ..... a - .�, Iitfg�6 {i._S#. ..'Z•IlYY44 SY P, - e #s e : a- Ij 11 r ,; a r — �V t i� i I;S •sc� 9I �►aa R } �r i• r...k�r•nL - �p N . y W 1 4 �t W Ql 4 7r , P... - -! A . )• r � � It xarnua rr W Up ec '� k to ), \lc 0 c -fig gig= t <qa I—— .. -a W w° . a,.. 5 r Wy y ' ....a bi r •Kt •' dr .w •a.ti}v.r.. l u y l.. N• I ­-, 7t �.:. : y s . � J W Ql 4 7r , P... - -! A . )• r � � It xarnua rr W Up ec '� k to ), \lc 0 c -fig gig= t <qa I—— .. -a W w° . a,.. 5 r Wy y ' ....a bi r •Kt •' dr .w •a.ti}v.r.. l u uvUJ28 (, i u Rm 4i4 px c= RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO, GRANTING DETAILED AND FINAL PLAT SUBMISSION APPROVAL POR THE RUBDI SOUTH SHORE SUBDIVISION Resolution No. 84- 24 WHEREAS, the Ruedi South Shore Company, a New Mexico General Partnership (hereinafter referred to as 'Applicant°) is the owner of record of real property described as follows: The NW 1/4 SW 1/4, HE 1/4 Stl 1/4, SE 114 SW 1/4, SW 1/4 SW 1/4, Section 14, Township 8 South, Range 84 West of the 6th Principal Meridian the HE 1/4 SS 1/4, HE 1/4 Stl 1/4, Nil 1/4 SE 1/4, Section 15, Township 8 South, Range 84 West of the 6th Principal Meridian County of Pitkin ti State of Colorado zy N e y and WHEREAS, the A pp licant has requested a p prova l°'v b f ae m z ourtcID (14) unit subdivision of the two - hundred eighty (280)m&crf4;proper(p to be developed as single - family recreational homesites; and WHEREAS, the general submission for this subdivision was approved by the Board of County Commissioners of Pitkin County, Colorado (here- inafter °Board") with their Resolution No. 82 -125, and the Pitkin County Planning and Zoning Commission (hereinafter 'Commission') recommended approval of the detailed submission with conditions at their regular meeting on November 18, 1983; and WHEREAS, the Board is now satisfied that the Applicant can meet the requirements of the Pitkin County Land Use Code and the additional requirements imposed upon the application during the process and has determined to grant conditional approval to the subdivision. NOW, THEREFORE, BE IT RESOLVED by the Board that it does hereby grant detailed and final plat approval for the Ruedi South Shore Subdivision subject to the following conditions: 1. The County Attorney shall approve the Final Plat, Covenants, Subdivision Improvenents Agreement, and Letter of Credit prior to recording; 2. All dogs on the property shall be either contained within a kennel or on leashes at all times; 3. An engineered foundation and soils report shall be submitted to the Building Inspector prior to the issuance of building permits on each lots 4. Prior to the issuance of building permits for the caretaker's unit, the applicant must demonstrate compliance with Pitkin County's Individual Sewage Disposal Regulations; r, I OU0029 ./I "ri'.� %l:•, r f�I tii .�I �:�#:1.. .. ':Si ,;'''rite ...'Y :l .'.:�Y' 464 mw974 Resolution Ho. 84- 24 Page 2 5. The caretaker's unit may not be sold separately but must be owned by the homeowner's association; 6. All provisions of the Subdivision Covenants and Improvements Agreement are conditions of this approval; and 7. After the road improvements are made, a qualified soils engineer or engineering geologist shall make a determination in writing as to the stability Of the cuts and whether or not anything is required to maintain that stability. In the event it is determined that stabilization of the cuts is necessary, the recommendations of a qualified soils engineer or engineering geologist shall be followed and the results must be approved by the County Engineer prior to the sale of any lot. APPROVED by the Board at their regular meeting on April 9, 1984. BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO { O {0= By • a:ty' ,.,. fichael Rinsley, Cha rman Lew Scanlan, Deputy County Clerk APPROVED AS TO POI L Thomas V. math, Co my Attorney M y ,-a. r.� 411 It , k Declaration of Protective Covenants N o z and Restrictions for � s Ruedi South Shore, A Planned Unit Davelopmat Ar. W nY i oA Qb i This declaration is made on the date hereinafter set forth by Soutbehore Development Company, a general partnership (hereinafter referred to as the "Declarant'). WITNESSETH, WHEREAS, the Declarant is the owner of all real property situate in the County of Pitkin and State of Colorado described as Ruedi South Shore, a Planned Unit Development (hereinafter referred to as the 'PUD') as the same appears upon pon the Plat yj `§ thereof recorded for record on Aitwyr 10 198 as Reception No.;MYj'Z in the office of the Clerk and Recorder of Pitkin County, Colorado; and WHEREAS, the Declarant being desirous of protecting property i, and protecting the health, convenience and welfare of the owners of the lots in the PUD does hereby publish and declare that the following terms, covenants, uses, conditions, restrictions, limitations, and obligations shall be deemed to run with the land located within the PUD and shall be a burden upon and a benefit to any person or persons acquiring or owning any Interest in the PUD and the real property owned by such persons, their grantees, successors, heirs, devisees, personal represen- tatives and assigns. -1- b ..,.r, weso_.. w. wrm sijur�e Boar 471 P005 u�u331� -2- 0 1.0 DEFINITIONS. As used in these Protective Covenants, the following words and terms shall have the following meanings: „ 1.1 "ACC" shall mean the Architectural Control Committee for the PUD. y 1.2 "HOA" shall mean the Ruedi South Shore Homeowners Association. 1.3 "Lot" shall mean any lot, tract or parcel of land in the PUD. 1.4 "Owner" shall mean the owner of a Lot created within the PUD and shall also mean the owner of water rights designated for use within the PUD. 1.5 "POD" shall mean Ruedi South Shore, a planned unit ?} $; 1.6 'Unit" shall mean a residential dwelling unit. 1 2.0 SOMSONSSSS ASSOCIATION (BOA). 0 2.1 Homeowners Association. Any and all owners of Lote in the PUD, in accepting a deed for any Lot within the PUD, agrees to and shall become a member of and be sub- ject to the obligations and duly enacted Bylaws and rules and regulations of the Ruedi South Shore Homeowners Association, Inc., a Colorado non- profit corporation. Said Homeowners Association shall be incorporated for the purpose of enforcing these u�u331� -2- 0 i r ;1 t1Ui;J P� on 4-11 F:S =3M Protective Covenants, for the maintenance of common areas within the PUD, for owning, operating and main- taining roadways and certain water systems of the PUD and for operating any and all community services of every kind and nature required or desired within the PUD for the general use and benefit of all Lot owners. It is expressly understood that the Homeowners Association shall be fully responsible for the per- petual maintenance of all common areas, including the maintenance and snowplowing of all private roadways within the PUD and across Forest Service or private land to County Road No. 4 (Fying Pan Road), and that Pltkin County shall not be responsible in any way for such maintenance. 2.2 water and Sewer Systems. Individual well$ and sewage disposal systems including septic tank(leachfields or evaporative sewage disposal systems shall be owned, operated and maintained at the sole expense of the owner of the Lot serviced by said individual system. Each individual Lot owner shall be responsible, at his sole expense, for the application to the Office of the State Engineer for an individual well permit, which permit shall be subject to the plan for augmentation referenced below. The SOA shall be allowed a reaso- nable right of inspection and right of ingress and egress to each Lot for the purpose of inspection or administration or limiting the operation of individual -3- 0 J�I ]0�W Tim �'Yy1� ai. _u .., .. i iAa: ;.��iitf'v11.i•`b`e.'Wf_taLL.r� wx 471 f: wells in accordance with the Plan for Augmentation decreed in Case No. 82CW357 in the District Court in and for Water Division No. 5, as the same may be amended, and in accordance with the Articles and Bylaws of the BOA, and in accordance with these Protective Covenants. 2.3 Plan for Augmentation. The use of water on each Lot shall comply with and be subject to the terms and con - ditione of the Plan for Augmentation decreed in Case No. 82CW357 in the Water Oourt in and for Water Division No. 5, as the same may be amended and as recorded in the office of the Clerk and Recorder of Pitkin County in Book 453 at Page 477, Reception No. 253946. The Decree entered in said case is incor- porated herein by reference and shall be binding upon the BOA and its individual members. Specifically, the following limitations contained in said Decree and set forth below *hall be applicable to water use within the POD, provided, however, that to the extent any of the below listed limitations conflict with said Plan for Augmentation or any amendments thereof, the terms and conditions of the Plan for Augmentation shall control, 1. Total water use within the PUD during the historic non - irrigation season (October 1 through April 30) of each year shall be limited to a total of 4.17 acre feet of water. At such times as the water rights decreed to -4- r' t ' r V. r' t ' r V. ' .. sld „kA1E(A JA. Jy. the Ruedi South Shore Well Hog. 1 througtm X710virms of- priority during said period, releases shall be made by the HOA from the Yates Reservoir to the stream system in Such quantities as are necessary to replace ;i out -of- priority depletions by the development and to Prevent injury to other water rights. 2. Total water -use within the PUD during the historic Irrigation season (May 1 through September 30) of each Year shall not exceed 8.5 acre feet. 3. Individual Lot owners shall install and maintain, at their sole expense, such measuring guages on wells servicing Lots with in the PUD, as may be required by the Division Engineer to allow for the operation of the Plan for Augmentation. Such measuring guages may include totalizing flow meters on individual wells. 4. Total outside lawn and garden irrigation shall be limited to no more than 2500 square feet for each of the 14 single- family residential units. I,r l S. No more than three horses or other animals (a total of 45 animals for the entire PUD) shall be allowed for each Lot within the PUD. The HOA shall own, operate and maintain the Yates Pond together with all inlet and outlet structures associated therewith and shall be responsible for operating said Pond in accordance with the Plan for -5- UJU'034 9 , S I I }?r s 2.5 Enforcement of Protective Covenants. The BOA, through IJ% _g_ y,i, i y- yc J 0 q . .. U - , • � e r.il .n 1i�; �Y, �f: Y��L113i� :+j(i!Fj[/�fC_�{.',�i�.Q..Y: �k 1-71 ?S �3osA Augmentation referenced above. Any owner may apply to the BOA for amendment of the Plan for Augmentation to allow a use of water other than provided in said Decree. Upon approval by the BOA of said amendment, which shall be made by the SOX in its sole discretion, 9 the BOA shall make application to the Water Court, c: "•: +! Water Division No. 5, State of Colorado for such amend- ment. 'ifie BOA shall not be liable for any result of s+ said application and the Lot owner requesting said amendment shall fully reimburse the BOA for all costs and attorneys fees in prosecuting said application and shall indemnify and hold the BOA harmless from any liability relating thereto or arising therefrom. 2.4 Individual Sewage Systems. Each residence shall con- %\ tain at least one fully equipped bathroom and all sewage shall be disposed of by means of an individual mechanical sewage treatment facility or septic tankyleachfield and shall be approved by the Colorado ' State Department of Wealth and local health agencies having jurisdiction thereof. Wechanical sewage treat - T- ment facilities or individual septic tankfleachffeld systems shall not be utilized in such a manner as to pollute or threaten to pollute ground or surface waters or to affect or pollute the water supply system of lots within the PUD. I }?r s 2.5 Enforcement of Protective Covenants. The BOA, through IJ% _g_ y,i, i y- yc J 0 471 309 1UUjt 3.0 RESIDESSIAL PURPOSE. The lots within the PUB shall be used only for residential purposes, provided that one barn, garage or other Outbuilding may be constructed in addition to a residence on any Lot and provided further that no land within I -7- tl .rf �� PAS Its Board of Directors or any owner of any property in the PUD, shall have the right to enforce all covenants herein imposed by any proceedings at law or in equity. Failure by the HOA or any owner to enforce any covenant :j or restriction herein contained shall in no event be deemed a waiver of the right to enforce these covenants 1 or restrictions thereafter. In addition to any other remedies otherwise available, the Board of Directors of the HOA or its designated representatives may, upon violation or breach of any covenant herein, enter upon any property where such violation or breach exists and I may abate or remove the thing or condition causing the breach, and the cost incurred in connection therewith, including reasonable attorneys fees, shall be billed to -{ a and paid by the owner or owners violating or breaching these covenants= provided, that the HOA has first given thirty (30) days written notice to the owner for his correction of said breach or violation of these cove- nants. If the violating owner or owners fail after demand to pay such costa, then such costs shall be and become a lien upon the property of such owner or owners for the amount due and not paid pursuant to the provi- sions of the Articles and Bylaws of the BOA. 1UUjt 3.0 RESIDESSIAL PURPOSE. The lots within the PUB shall be used only for residential purposes, provided that one barn, garage or other Outbuilding may be constructed in addition to a residence on any Lot and provided further that no land within I -7- tl .rf �� i F K Is Is �JuJd em 471 rx UO the PUD shall be occupied or used for any commercial or business purpose. So barn or accessory structure may exceed 15 percent (15%) of the total square footage of the principal structure, as measured from the outside of foundation walls, unless approved by the ACC. The barns and accessory structures shall be so designed as to blend with and complement the general architec- tural scheme of the principal structure. All barns and accessory structures shall be located entirely within the building envelope for the particular Lot. No display, stock in trade or outside storage equipment, signs or other external advertising shall be permitted. 4.0 STRUCTURES AHD LAHDSCAPIHG IR THE PUD. 4.1 Building Envelope. All structures in the PUD shall be designed to blend into and complement the natural surroundings. All structures shall be sited on each Lot by the owner, and approved by the ACC. Unless varied by the provisions of Paragraph 15.6, infra, no structure on any Lot shall be constructed outside the building envelope as shown on the final plat of the development. In siting a structure, the ACC shall approve its location as near to the spot selected by the owner as shall not impede or restrict the view plane of other owners and otherwise meet the criteria set forth in paragraph 15.0, infra. 4.2 Minimum size; Height. The minimum size of each single - family structure shall be not less than eight hundred -B- MIN s •1 UEJt;U3 , ....A a� uY. d? Y ?YL�i.r?al:::s;�:(xidre:�:;,i• .• G N Bare 471 eac(3'1'1 . Ti (800) square feet of habital floor area, exclusive of Open porches, garages or carports, as measured from the external foundation walls. No structure shall be per- mitted on any Lot or tract which exceeds twenty -eight (28) feet in height measured from the average natural finished grade line immediately adjoining the foun- dation to the average roof height. 4.3 Restrictions on Antennae. No electronic antennas or device of any type, other than an antennae for receiving normal television signals, shall be erected, constructed or placed or permitted to remain on any Lot in the PUD. A television antenna may be attached to a structure, provided, however• the antenna's location 'shall be restricted to the rear of the structure or to the rear of the ridgeline, gable or centerline of the principal dwelling so as to be hidden from sight. No television or short wave disc shall be permitted unless approved by the ACC. 4.4 New Construction. No structure shall be erected by means of other than new construction, it being the pur- pose of this covenant to insure that old buildings will not be moved from previous locations and placed upon a Lot. Exteriors of all structures shall be constructed of either stone or lumber, or a combination thereof. The use of cinderblock shall not be allowed unless it is faced with another material herein approved. -9- 0 1- V t�UiJ� 7 •l ate: t.t t. �.. + •. � , .e.. t .i1a' +aie:FvPsC:...4x..:� te;a i'_;:.:n.:_ �:_. s,,... _. ease 471 o, cM Landscaping shall blend with natural vegetation. No tree shall be removed or cut down without approval of the ACC, unless the tree or trees are dead, dying or diseased. All areas cut, filled or distrubed by any construction or other activity shall be fully restored and revegetated. 5.0 RESUBDIVISION PROHIBITED. The creation of more than ! one (1) dwelling per Lot, or the resubdivision of a Lot is pro- hibited, but the combination of more than one Lot into one f ;` building site is not prohibited. When constructing improvements on such combined Lots, the ACC Shall establish a new building envelope which Shall be approved pursuant to the procedure described in Paragraph 15.6, infra. 6.0 UTILITY LINES AND EASEMENTS. No new gas lines, power O lines, telephone lines or television cables shall be permitted unless said lines are buried underground and out of sight from their primary source at the Lot line to the structure and at the owner'a expense. Underground utilities shall be available to all Lots in the PUD and utility companies furnishing these ser- vices shall have easements as shown on the recorded final Plat. '< Easements for installation and maintenance of utilities are reserved as Shown on the such plat and no permanent structure i... shall be erected on any of said easements and no oriel enemach- ... menu may take place over such easements. Neither the Declarant nor an Utility company or !� Y Y P Y governmental entity nor the HOA using the easements shall be liable for any damages done by any of i• -10- N L' t� UULU4U i 1f ,'0. .. �.6 •t .. ♦ r1.., J.IMtiSh'_a ... gfas ._...o e.v v.-. Nit- WN them or their assigns, agents or employees to the shrubbery, trees, flowers or improvements of the owner located an the land covered by said easements. Easements for underground service may be crossed by driveways and walkways provided prior arrange- ments with the utility companies furnishing the respective utility services approve the type and size Of such driveways or sidewalks prior to the construction thereof. Easements for underground services shall be kept clear of all other improve- ments including buildings, patios and other paving. Any fence crossing an access easement for electric transformer maintenance shall have a gate with a minimum clear opening of five feet. There is hereby further reserved to the HOA an access easement to any and all water wells located on any Lot in the development for the purpose of inspection or administration for limiting of operation of the well in accordance with the Plan for Augmentation described in Paragraph 2.3, supra, or any amend- ments thereof,and in accordance with the Articles and Bylaws of the Homeowners Association. 7.0 LIMITATION ON ACTIVITIES. Nothing shall be done or permitted on any Lot which may be or becomes an annoyance or nuisance to the neighborhood. No obnoxious or offensive acti- vities or commercial business or trade whether for profit or not shall be carried on upon any Lot. 8.0 LIMITATION ON CERTAIN STRUCTURES. No structure shall be placed on any Lot which is, or ever has been or could be made the subject of a specific ownership tax as now defined in Title -11- ? " _. r'..\i .0 ..a , ..y a.\ 11• f,r!?i'Oi(♦veiv>::nF`- +>e ?ifY.I +n +.x 42 of the Colorado Revised Statutes, nor shall structures constructed in the manner or fashion of mobile houses be ! allowed. It is the intent of these covenants to prohibit the use of mobile houses as residences within the PUD. No structure of a temporary character, trailer, basement, tent or shack of any description shall be used on any Lot except on a temporary basis, not exceeding six months, by the construction company constructing a structure on a Lot or tract. 9.0 FENCES. Architectural screen fences, limited to six (6) feet above ground level and constructed of natural wood, are allowed provided they are attached to the primary building. Open post and rail fences, limited to four (4) feet above ground level and constructed of unfinished natural wood poles, are allowed provided they are located so as to not unduly disrupt natural brush and tree vegetation nor cause soil erosion and are approved by the ACC. 1 r 10.0 ANINALS. All owners and occupants of property within the PUD shall be responsible to maintain their pets, including dogs, horses and other domestic animals, under control and located on the Lots owned and occupied by said owners and occu- pants, at all times and such animals shall not be permitted to create a nuisance or annoyance to adjacent properties or inhabi- tents within the PUD. All dogs shall be kept within control, either on a leash or by adequate fencing. No animal shall be kept on the PUD for commercial purposes; provided that this restriction shall not be construed to prohibit the raising of -12- OU0041 00004 r,11 4 Pmr 471 , 315 n livestock on the PUD for 4 -H or "A purposes. Paddocks or stables shall be provided for horses and other grazing livestrock. Horses and other grazing livestock shall be kept in paddocks or stables as required to prevent the overgrazing of native or planted grasses and from harming native brush or trees and from causing soil erosion, and all Lots shall be kept clean, sanitary and reasonably free from refuse, insects, and waste at all times. No hunting, shooting, trapping or otherwise killing or harming of wildlife shall be permitted, it being the intent hereof to conserve and protect all wildlife to the fullest extent possible. 11.0 VERICLRS. Vehicles which are unlicensed shall not be stored or maintained on the premises for a period in excess of fifteen days following the expiration of such license, except such vehicle may be stored in a garage or otherwise screened from view from all other Lots within the PUD and from all com- monly used roadways within the PUD. Recreation vehicles, such as camping vans or trailers, boats, snowmobiles and other off - road devices shall be parked or stored out of sight. Motorcycles shall not be operated in the PUD, except that they may be. utilized for transportation in and out of the PUD. No off -road vehicles, except snowmobiles, shall be operated in the PUD. 14.0 MAIRT6sANCR OF PROPERTY. All lots shall be kept at all times in a sanitary, healthful, safe and attractive con- dition and the owners or occupants of all Lots shall keep all -13- .Lri 1.1 e r T� Uw) 0100 743 Wes" mw 471 murr, 6 grass cut and shall in no event use any Lot for storage of materials and equipment except for normal residential require- ments or incidental to construction of improvements thereon as herein permitted, or permit the accumulation of garbage, trash or rubbish of any kind thereon. All yard equipment, garbage cane, service yards or storage piles shall be kept screened by a service yard or other similar facility as otherwise provided for so as to conceal them from view of the neighboring Lots, streets or other property. in the event of default on the part of the owner or occupant of any Lot in observing the above requirement or any of them and much default continuing after ten (10) days written notice thereof, the ACC may without liability to the owner or occupant and trespass or otherwise enter upon said lot and cut or cause to be cut such weeds and grass and remove or caused to be removed such garbage, trash or rubbish or do anything necessary to secure compliance with these restrictions so as to place said Lot in a neat, attractive, healthful, safe and sanitary condition and may charge the owner or occupant of such Lot for the cost of such work. The owner or occupant, as the case may be, agree by the purchase or occupation of the pro- party to pay such statement immediately upon receipt thereof. To secure the payment of such charge in case of non - payment by the owner a lien in herein and hereby automatically created against the property in favor of the ACC which may be foreclosed in the same manner as a mechanic's lien as provided by Colorado law. 13.0 DIBCRAROE OF YIR6AFN6. There shall be no discharge of -14- lJ� V U00"0 4 4 ... .AL ma 411 '; 7M guns or firearms upon the PUD except for self defense or to otherwise protect one's self or property. 14.0 LIMITATION ON PARRIN0 AND STORAGE. No trailers, buses, recreational vehicles, inoperable private automobiles or inoperable vehicles of any kind, shall be parked permanently or semi - permanently in any public or private street, right -of -way or driveway. Permanent or semi - permanent storage for such vehicles or items must be screened from public view either within a garage or behind a solid fence six feet in height not farther forward than the front building line of the dwelling unit. Semi- permanent storage is hereby defined to be a location in one place for a period of 72 hours or longer. No commercial type vehicles or structures shall be stored or parked on any Lot except in an enclosed garage or parked on any residential street except while engaged in transportation to or from residences. For the purpose of this covenant a one -ton or smaller vehicle commonly known as a "pickup truck" shall not be deemed to be commercial vehicle or truck. 15,0 ARCHITECTURAL CORTROL COMMITTEE (ACC). 15.1 Submittal of Plans. No improvements of any kind, including, but not limited to, dwellings, drives, gara- ges, tennis courts, swimming pools, fences, barns, and outbuildings may be constructed or altered on any lands within the PUD unless three (3) complete sets of archi- tectural plane and specifications for such construction are submitted to the ACC prior to the caemencement of -15- 4 l u�Ju45 {r {l. �- .._. a. to 'J..+„'s'.7i9iW.ii:ufi�]r.%w:Sw a3:i,,. ..u. '•f tr Vf M� CM 477. W31$ such work. Required drawings shall includet a site plan depicting structures, yards, drives, fences, uti- lities, site drainage and landscaping; all floor plans and elevations Of the structure(s); and a description of the exterior materials to be used. The ACC will notify all adjacent landowners of the time and place of their review of the drawings. All decisions of the ACC shall be in writing. one set of such plans and speci- fications shall remain on file and become a permanent record of the ACC. In the event the ACC fails to take any action within thirty days after complete architec- tural plans and specifications for such work have been submitted to it, then all of such plans and specifica- tions shall be deemed to be approved. 15.2 Judgment of ACC. The ACC shall exercise its best judgment to see that all improvements, construction and alterations on the land within the PUD conform to and harmonize with the natural surroundings and with the existing structures as to external design, materials, color, setting, height, topography, grade and finished ground elevation. 15.3 Architectural Plans. Plana and specifications sub- mitted under Paragraph 15.1 hereof shall show the nature, kind, shape, height, materials, floor plans, location, exterior color scheme, alterations, grading and all other matters necessary for the ACC to properly I -16- y M 0 s r. eu 471 u.319 consider and make a determination thereon. The ACC shall disapprove any architectural plans submitted W -it which are not sufficient for it to exercise the judgment required of it by these convenants. ^. 15.4 Architectural Standards. The Architectural Standards for the PUD are set forth in Exhibit A attached hereto and incorporated herein by this reference The ACC may adopt architectural standards which shall not be in conflict with those set forth herein, but which may be more restrictive. A copy of all architectural Stan- ' dards will be furnished to each owner of a lot prior to his purchase thereof. sy becoming an owner, the owner agrees that he and all occupants of the tot shall be bound by the requirements of the architectural Stan- dards. 15.5 Time of Construction. Clean up of the site must be • complete by time of occupancy. landscaping and repair of site construction scars must be completed within one year from the date of the issuance of the Certificate 17 �. of Occupancy. 15.6 Variance. The ACC may grant a reasonable variance or adjustment of these conditions and restrictions, including modifications to a building envelope, in order to overcome practical difficulties and prevent unnecessary hardships &rising by reason of the applica- tion of restrictions contained herein. in the event of -17- V 0U6i_46 r� r yy,_ .111 r .n i .,.M �b3eSK.:AX.4,m39tMV m 471 (x1320 a request for a variance from the established building i envelope, the individual homeowner shall obtain a i determination by Pitkin County that the proposed change is in conformance with the scenic quality standards of i < Pitkin County set forth in Section 2 -16 of the Pitkin County Code by following the procedure for insubstan- tial plat modifications set forth in Setion 4- 2.1(b) of the Pitkin County Code. Such variances or adjustment shall be granted only in case the granting thereof shall not be materially detrimental or injurious to other property or improvements of the neighborhood and shall not defeat the general intent of these restric- tions. rl �. �;: . r �Y 000047 15.7 No Liability of ACC. The ACC shall not be liable in damages to any person or association submitting any architectural plans for approval or to any owner by reason of any action, failure to act, approval, disapproval or failure to approve or disapprove with regard to such architectural plans. Any owner sub- mitting or causing to be submitted any plans and speci- fications to the ACC agrees and covenants that he will not bring an action or suit to recover damages agains the ACC collectively, its members individually, or its advisors or agents. 15.8 Right of Inspection. The ACC and its duly appointed agents or employees may enter upon any Property at any -Is- 1. u ecru 471 PAA29. i• . reasonable time or times for inspection of any struc- ture. f 15.9 ACC Members. 'the initial members of the ACC shall be' i George M. Yates Parry C. Thomas f Wayne Connell 15.10 Re lacement of ACC Members. A majority of the ACC may designate a representative to act for it. Should a member resign or became unable to act, the other Rem- - bars shall appoint a successor. Subsequent to the sale of all Lots and tracts, one or more members may be replaced by written designation recorded in the Pitkin County Clerk and Recorder's office showing 9 ,1 �iXCC� approval by a majority of the owners. t 16.9 RESTRICTIONS on SIGNS. No sign, advertisement, ` billboard or advertising structure of any kind shall be displayed for public view on any portion of the PUD. This w> .. restriction shall not be construed to prevent appropriate name 3 and address signs and signs that advertise property for Bale or rent so far as it is necessary to promote the sale and develop - ,t, meet of such properties. The ACC sball have the right to move any sign, advertisement, billboard or structure which is placed on a Lot in violation of this covenant and in doing so shall not be subject to any liability for trespass or other action in connection therewith or arising from each removal. -19- '4 . 04 9a7I 471 e -4c3?2 .' W 17.0 RESTRICTIONS RELATED To DRAINA06. Nothing shall he done or permitted by an owner or occupant which would block, divert, or channelize the natural flow of the drainage water i across any Lot from adjacent Lota as established by the original subdivision grading or as naturally occurs, without obtaining the prior approval in writing of the ACC. 18.0 HAZARDOUS ACTIVITIES. No activities shall be Con- ducted on any Lot and no improvements constructed on any Lot which are or might be unsafe or hazardous to any person or pro- party. Without limiting the generality of the foregoing, no open fire shall be lighted or permitted on sny lot excepting in a contained barbecue unit while attended and in use for cooking purposes or within a safe and well designed interior fireplace. 19.0 No ASHOYINO LIOHTB, SOUNDS OR MOTORS. No light shall •"''` be emitted from any Lot which is unreasonably bright or causes unreasonable glare. No sound shall be emitted from any Lot which is unreasonably loud or annoying. No odor shall be emitted from any Lot which is noxious or offensive to others. 20.0 DRIyzwAY COEBTRSCTICN. All driveways shall be constructed so as to meet minimum Pitkin county specifications and all out slopes for driveways shall not exceed one to one and ons -half slopes and all areas disturbed shall be revegetated in conformance with the revegetation plan submitted by the deve- loper and approved by the County. 21.0 OPEN SPACE. The area designated as "open space" on -2o- Y C�U19u�- 9 UUt'U50 b Fro 471 Fnr323 the Plat shall be for the use and enjoyment of the IlOA and lot owners within the PUD, their guests and invitees, for recreational purposes only, including the boarding and riding of horses, meetings, picnics, hiking, and other activities, both organized and unorganized. The HOA shall have the power to make and enforce rules and regulations concerning the use of said open space by lot owners, their guests and invitees. The open space area may also be used by the HOA, as it in its sole discretion may determine, for irrigation, domestic, stock watering, and recreational purposes, all such uses to be con- sistent with any conservation easements that may be granted. An easement is hereby reserved to the HOA over and across all open space areas for such purpose. No structure shall be built within common areas or common open space except for those struc- tures designated on the final plat for the PUD. Said facilities shall be for the sole use and enjoyment of the HOA and the owners of Lots within the PUD, their guests and invitees. The caretaker's unit is for the sole purpose of occupancy for operating, maintaining and improving the common elements and open space of the PUD and for protecting the PUD from trespassers and vandalism. The caretaker's unit shall be restricted to a maximum of 1,000 square feet of habitable floor area exclusive of open porches and garages or carports, as measured from the external foundation walls. The caretaker's unit shall remain in the ownership of the HOA, and shall not be sold to any other party. The meeting room facilities shall be restricted to 500 square feet of habitable floor area exclusive -21- } X11.'• %! em 471 zr,,324 of open porches, garages or carports, as measured from the external foundation walls, and shall be located adjacent to the caretaker's quarters as designated on the final plat of the PUD. The tack room shall be restricted to 200 square feet of habi- table floor area exclusive of open porches, garages or carports, as measured from the external foundation walla. The caretaker's unit, meeting room, tack room and corrals shall all be located within the building envelope as designated on the final plat. This paragraph 21.0 shall not be subject to the amendment proce- dure set forth in Paragraph 24.0, infra. 22.0 TRACTS, ADDITIONAL COVENANTS. 'These Protective Covenants and the PUD Plat and Plan shall govern the use and occupation of the land in the PUD. 23.0 COVENANTS RUN WITH THE IdND. These covenants are to run with the land and shall be binding upon all parties and all persons claiming under them. 24,0 ANENDMEUT. Subject to compliance with the applicable , sections of the Pitkin County Land Use Code and so long as they are consistent with prior Pitkin County Land Use Approvals for this P.U.D., the Protective Covenants may be amended by an ' instrument signed by not lees than 75 percent (75i) of the owners of the Lots in the PUD. Such amendments Shall become effective upon the recordation thereof in Pitkin County, Colorado. 000051 25.0 SSVERASILITY. The invalidation of any one of these -22- ' V cLk iV " ➢: C J0005 i i com 471 t,*325 covenants by judgment or court order shall not effect any of the other provisions which shall remain in full force and effect. DATED this _ day of _�, 1984. SO NSN RE DEVELOPMENT COMPANY, A ner 1 P ip BY AA General artuer APPR VED BY, P t in County Attorney STATE OF COLOR00 ) PITRIN ) as. COUNTY OF ) The foregoing instrument was acknowledged before me this 10TH day of AUGUST , 1984, by PARRY C THOMAS as general partner of the Soutbabore Development Company. WITNESS my band and official seal. 01 1.13.87 fyy, r!ommidafAn expires:� ,... / Notary Public !?TATE CP COIIOPADO ) ° / ) as. County .o €',� PITRIN ) - 1. g The foregoing instrument was acknowledged before me this IOTN IVday of AUrUST , 1984, by TEAS PBNTON SMITH P tkrn'County Attorney. WITNESS my hand and official seal. My Commission exp�K¢a i. 1.13.87 ri f.� ` •• j Notary Public . y -23- V a ATTACHMENT 6: Executed Pitkin County Community Development Agreement for Payment of Land Use Application Fees form PITKIN COUNTY COMMUNITY DEVELOPMENT DEPARTMENT AGREEMENT FOR PAYMENT OF LAND USE APPLICATION FEES PITKIN COUNTY (hereinafter COUNTY) and (hereinafter APPLICANT) AGREE AS FOLLOWS: 1. APPLICANT has submitted to COUNTY an application for (hereinafter, THE PROJECT). 2. APPLICANT understands and agrees that Pitkin County Ordinance No. 011 -2005 establishes a fee structure for land use applications and the payment of all processing fees is a condition precedent to a determination of application completeness. The fee structure is based on the County's policy that development shall pay, in full, the cost of development review in Pitkin County. Fees have been set to be consistent and fair to the public and to reflect the expense incurred in providing such services to the public. 3. APPLICANT and COUNTY agree that because of the size, nature or scope of the proposed project, it may not be possible at the time of application to ascertain the full extent of the costs involved in processing the application. 4. APPLICANT and COUNTY agree that fees charged for the processing of land use applications shall accumulate if an application includes more than one type of land use review. 5. COUNTY and APPLICANT further agree that it is impracticable for COUNTY staff to complete processing or present sufficient information to the Planning Commission and /or Board of County Commissioners to enable the Planning Commission and /or Board of County Commissioners to make legally required findings for project approval, unless current billings are paid in full prior to decision. 6. Therefore, APPLICANT agrees that in consideration of the COUNTY's waiver of its right to collect full fees prior to a determination of application completeness, APPLICANT shall pay a base fee in the amount of $ 2,310.00 which is based on 6 hours of staff time, and if actual time spent by staff to process the application exceeds the average number of hours by more than 20 %, then the COUNTY will bill the APPLICANT quarterly for the additional time spent. Such periodic payments shall be made within 30 days of the billing date. APPLICANT further agrees that failure to pay such accrued costs shall be grounds for suspension of processing. PITKIN COUNTY APPLICANT Cindy Houben, Community Development Director SITE PLAN APPROVAL REQUEST - SPID #247115401006 OU0053 Signature Tom Newland January It, 2013 Jean and Monroe Dodd 6726 Cottonwood Shawnee, KS 66216 Page is ATTACHMENT 7: Improvement Survey and Mapping JUU054 SITE PLAN APPROVAL REQUEST- SPID #zg71ISyoioo6 Page 16 C: r 1 yy lI y i 1 agi6 ` ,t�[er Jill yy .`��` I tll I I I I ;7 vnNyh)�7 ' I 1 •'r 11 //� \\ \� LFx e � B m I I 1 I RR vq I I CR2� I 98 a 7 1 I I .A I cZ (per ,5. ilk oil r / pi ' a In `p��ppL 89 a t� L �t :K� .SBDL9 pp (savwvv.Baw save) 7gs §s p yp y p.2.2 ttt��� 2 !� TTT 9 ° HSu #Sa "° g� a7 V�Fgr 8g3eT 1a' ap'H yA f�yp.y4i~ O F gN �g.pQ ey CA Mar 3W �v ? iS � �QI pya TR$ Y YCui'11yEE 3e� 4b 1 I 83313 �Rj0 $g�$Q��3� ���II uS3S3� \`'• SiP SZP ,i9 $9C"P fP i^ • °g p h i ugfn asY `' p g t g u �� NQP s t (�I. yy,4p3 p IjU ', 1P, �i �,g 9 }§ ' n 9 'J_S.1 S P gAa ?A ,�o�, ,RA QP °a P �i ii� 88 �y4E 9g?gE;�} '��. $` 5gg '3qR ��3. fig+ a5 R V HIS Yu $�� i�3��} Ap �pp xy i � °�E��} 'R ��^ g �8 R a.. 3 v ° To ga.. $$ O�C af4 Bpp a"5 °c9 p_ c c `9c gs0c Ra.�`a }V9 N$gtd9 S+aa �� °a9a Ea �'oa SgFo �$' u� C$caq° 9g 9rQ $`lq �y y,A °�ge �3ai 3�` §P 9A` :H!�g is �;.l Cb 'K Ail %� -ppgi }} og s a' x3 "p ?pa �� 9 w AEqAj 9 ao' z� �qqS �a9 33% �i �9a ilk y:§ F Sg ag 3 Y ag °]�5 .9398 oe g�§': � § C +;yj3 GSS iQ 1z (� .2a�`ii� \) •� � ~�i4�.[ k � P` �� i.3 $� Y� �� S $ °3•� da � N 3 � aa: a §10511 &Qi g qq cg ! $ ti � ��t��yg°t MA O i I I' I c CTI I I I "�o'ao ao aM I I I pI I� I � I � I I a I I I -b I � I 'Il 'I =11 I.I �//// ,91 Z6f Al „Z;�, 8Z 00 N R. ~' O O� W h R, b \z Cr ( f 'W ti N 1-Pt I cr � I I l I I I I I I II I I I I I I pI I� I � I � I I a I I I 'Il 'I =11 I.I �//// ,91 Z6f Al „Z;�, 8Z 00 N R. ~' O O� W h R, b \z Cr ( f 'W ti N 1-Pt c c c C Cal I it I II J_ I '1 I i I 1 1 I ii I I I I I i I I I II . 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N O N Q x x I C N) O U N W ME ■ III, _ I I r ■ ill � El III _� ❑ � � , Ej r I I I I - I I I I III II I I I I I I I ❑ I' I I -- -` i I ' ODUV63 m o Q w � m sa48 � � ml I® � I I I 000064 ATTACHMENT 10: Scenic View Protection Exhibit A digitally enhanced photograph of the property showing the proposed development as seen from the Frying Pan Road. SITE PLAN APPROVAL REQUEST — SPID #247115401006 000065 Page ag nnnrirC PUBLIC NOTICE NOTICE IS HEREBY GIVEN to the general public that on May 30, 2013, the Pitkin County Community Development Director granted approval for the Dodd Activity Envelope and Site Plan Review (Case P007 -13; Deter. #036 - 2013). The property is located at 1750 South Shore Drive, and is legally described as Lot 6, Ruedi South Shore Subdivision. The State Parcel Identification for the property is 2471- 154 -01 -006. This site - specific development plan grants a vested property right pursuant to Title 24, Article 68, Colorado Revised Statutes. S /Cindy Houben Community Development Director Pitkin County, Colorado Published in the Aspen Times Weekly, on JUNE 13, 2013. i ,.0 l PUBLIC NOTICE RE: Dodd Activity Envelope and Site Plan Review (CASE# P007 -13; PID 2471 - 154 -01 -006) NOTICE IS HEREBY GIVEN that an application has been submitted by Jean and Monroe Dodd (6726 Cottonwood Drive, Shawnee Mission, KS 66216) requesting Activity Envelope and Site Plan approval for construction of a single family residence on a vacant property. The property is located at 1750 South Shore Drive, and is legally described as Lot 6, Ruedi South Shore Subdivision. The State Parcel Identification for the property is 2471 - 154 -01 -006. The application is available for public inspection in the Pitkin County Community Development Department, City Hall, 130 S. Galena St., Aspen, CO 81611. For further information, contact Mike Kraemer at (970) 920 -5482. Published in the Aspen Times Weekly on February 28, 2013. Attention All Property Owners within 300' of the subiect property A property owner receiving this public notice who wishes to submit comments or an objection shall submit those to the Pitkin County Community Development, 130 South Galena Street, Aspen, Colorado 81611, by March 28, 2013. If any objections to the development application are received the Community Development Department shall continue the application to a public hearing before the Hearing Officer. http• / /www asyenpitkin com/ Portals /0 /docs/ county /Com %20Dev /Planninv/Land Use Applicatio ns /P007 12 app.pdf County of Pitkin ) AFFIDAVIT OF NOTICE & } SS. MAILING PURSUANT TO State of Colorado } PITKIN COUNTY LAND USE CODE SECTION 2 -20 -100 I, k Q m N eW \a vxk , being or representing an Applicant to the Pitkin County Development Department, personally certify that I have complied with the public notice requirements pursuant to Section 2 -20 -100 of the Pitkin County Land Use Regulations in the following manner: 2. By mailing of notice, a copy of which is attached hereto, by first - class, postage prepaid U.S. Mail at least 2 weeks prior to the public comment deadline to all owners of property within 300' of the subject property, as i dicated on the attached list, on r- Z 2015(which is 30 days prior to 11 the deadline of G� —.14 201 . The names and addresses of the adjacent property owners shall be those on the current tax records of Pitkin County as they appeared no more than 60 days prior to the public comment. By posting a sign in a conspicuous place on the subject property (as it could be seen from the nearest public way) on the f 3 , 2013, which is at least fifteen (15) days prior to the public comment deadline. A hotograph of the posted sign is attached hereto, -Corn uew\a�s C (6f -;�>OAQ Applicant's name Signed before me this Zk day of 20My WITNESS MY HAND AND OFFICIAL SEAL My commission expires: 'F- /- av / y OVERWAY MONTAGUE REV TRUST 233 CHASE ST SONOMA, CA 95476 560 SOUTH SHORE LLC 7884 ZINNIA ST ARVADA, CO 80005 Pitkin County Community Development 130 S. Galena St. Aspen CO 81611 Pitkin County Community Development 130 S. Galena St. Aspen CO 81611 DWIGHT BARTON R TRUST PO BOX 11 MEREDITH, CO 81642 FOREST SUPERVISOR WHITE RIVER NATIONAL FOREST 900 GRAND AVENUE GLENWOOD SPRINGS, CO 81601 Pitkin County Community Development 130 S. Galena St. Aspen CO 81611 Z SOUTHSHORE DEVELOP CO PO BOX 1933 ROSWELL, NM 88201 Pitkin County Community Development 130 S. Galena St. Aspen CO 81611 Pitkin County Community Development 130 S. Galena St. Aspen CO 81611 PITKIN COUNTY COMMUNITY DEVELOPMENT DEPARTMENT 130 South Galena Street Aspen, Colorado 81611 (970) 920 -5526 FAX# (970) 920 -5439 February 15, 2013 Tom Newland 417 Original Road Basalt, CO 81621 tomn @sopris.net Re: Dodd Activity Envelope and Site Plan Review (PIDt#2471- 154 -01 -006; Case# P007 -13) Dear Mr. Newland: The Planning Office has completed its preliminary review of the captioned application. We have determined that this application is complete. After a more detailed review of the submittal information, additional information specific to the application may be requested in order to adequately review and process the application. The planner in charge of the review will request the information from you directly. Please note that it is your responsibility to mail notice by U.S. Mail to all property owners within 300' of the subject property with the return address of the Community Development Department (copy of notice will be emailed to you by the Community Development Department) by February 28, 2013. The names and addresses shall be those on the current tax records of Pitkin County as they appeared no more than 60 days prior to the mailing. Please submit the enclosed Affidavit of Notice by Mailing and a photograph of the posted sign as proof of compliance with the Code. A property owner receiving this public notice who wishes to submit comments or an objection shall submit those to the Pitkin County Community Development, 130 South Galena Street, Aspen, Colorado 81611, by March 28, 2013. If any objections to the development application are received by this date, the Community Development Department shall continue the application to a public hearing before the Board of County Commissioners. 2 . By posting a sign in a conspicuous place on the subject property (as it could be seen from the nearest public way) on the 13`h day of March, 2013, which is at least fifteen (15) days prior to March 28, 2013. This must be submitted prior to any approvals being granted. If you have questions, please call Mike Kraemer, the planner assigned to your case, at 920 -5482. Sincerely, Bonnie Shiles Administrative Assistant Encl: Affidavit Code Section 2 -20 -100 PITKIN COUNTY COMMUNITY DEVELOPMENT DEPARTMENT 130 South Galena Street Aspen, Colorado 81611 (970) 920 -5526 FAX4 (970) 920 -5439 MEMORANDUM To: Environmental Health Basalt and Rural Fire Protection Department Colorado Parks and Wildlife Frying Pan Caucus FROM: Mike Kraemer, Community Development Department Michael.kraenierkco.pitkin.co.us Re: Dodd Activity Envelope and Site Plan Review (PID 2471 - 154 -01 -006; Case P007 -13) DATE: February 15, 2013 Attached for your review and comments are materials for an application submitted by Jean and Monroe Dodd. The Pitkin County Community Development Director will review the application. Please return your comments to me by Thursday, March 28, 2013. http• / /www aspen kin com /Portals /0 /does /county /Com %20Dev /Plannintt /Land Use An plications /1'007 13 app.pdf Thank you. COLORADO PARKS & WILDLIFE March 3, 2013 0088 Wildlife Way • Glenwood Springs, Colorado 81601 Phone (970) 947 -2920 • FAX (970) 947 -2936 wildlife.state.co.us • parks.state.co.us Mike Kraemer Pitkin County Community Development Department 130 South Galena Street Aspen, CO 81611 Re: Dodd Activity Envelope and Site Plan Review (PID 2471- 154 -01 -006; Case P007- 13) Dear Mr. Kraemer Colorado Parks and Wildlife (CPW) has reviewed the preliminary plan documents for the Dodd Activity Envelope and Site Plan Review located at 1750 South Shore Drive in the Ruedi South Shores subdivision near Meredith, Colorado. CPW staff is familiar with the site and have the following comments with respect to wildlife. The property encompasses 10.32 acres of the Ruedi South Shores subdivision. The property as stated in the application is currently vacant but has a primitive driveway on it. Vegetation on the property includes Aspen, spruce and sagebrush shrubland meadow. This habitat sustains numerous wildlife species including but not limited to mule deer, elk, wild turkey, coyote, red fox, bobcat, black bear, mountain lion and numerous small mammals. With its proximity to Ruedi reservoir, raptors, such as red - tailed hawks, osprey, American kestrels and bald eagles, may also utilize the area for hunting. Songbirds will be found in the area but no known threatened or endangered species or state recognized species of concern are currently known to be nesting within the described boundaries of the project. The proposed project is located in documented elk summer range and more specifically within an elk production area. Elk production areas are defined as the part of the overall range of elk occupied by the females from May 15 to June 15 for calf production. The proposal states that maps referenced through the Community Development Department are dated and that the property no longer lies within or adjacent to an elk production area. This statement is false. The property and surrounding subdivision lie within a recognized elk production area. As recent as May and June 2012, female elk were observed using the area during calving season. CPW is concerned that the proposed buildings and structures in the activity envelope will increase human activity in the production area resulting in stressors that lead to the STATE OF COLORADO John W. Hickenlooper, Governor • Mike king, Executive Director, Department of Natural Resources Rick D. Cables, Director, Colorado Parks and W ildide Parks and Wildlife Commission: David R. Brougham • Gary Butterworth, Vice-Chair • Chris Castilian Dorothea Fams • Tim Glenn, Chair • Allan Jones • Bill Kane • Gaspar Perdcone • Jim Pdbyl • John Singletary Mark Smith, Secretary • Robert Streeter • Lenna Watson • Dean Wingfield Ex Officio Members: Mike King and John Salazar 6-1 y displacement of elk during calving. Increased human activity and noise disturbances can stress female elk during this critical period and may drive them to find less suitable production areas. The proposed project also lies within elk winter range. Winter range is described as the portion of a species' range where 90 percent of individuals are located during the average five winters out of ten. The property lies within mule deer summer range and deer are found on the property predominately during the spring, summer and fall months. Recent site visits have shown deer use is most abundant in the summer and into the fall months as deer migrate toward lower elevations for winter. Deer have been observed in the Ruedi South Shores subdivision in the winter in limited numbers. Black bears are abundant in the areas surrounding Ruedi Reservoir. They are primarily active from March through November. The property falls within designated fall concentration area for black bear due to the abundance of forage and water. Based on the type of development being proposed, impacts to wildlife will occur in two ways. Direct loss of habitat will occur through removal or manipulation of vegetation wildlife use as forage, shelter or cover from predators. Wildlife will not be able to adapt to areas of direct habitat loss. Indirect habitat loss will be suffered through the effects of increased human related activity and the construction of movement barriers such as fences or walls. Wildlife may demonstrate limited resilience or adaptation to the impacts of habitat loss however reduction in native vegetation and introduced human related stressors, both auditory and visual, will negatively affect wildlife. CPW is concerned with development in the area. Projects located in areas of critical wildlife habitat, namely production areas and winter range, have the potential to adversely affect whole herds. These are areas in which wildlife are typically more concentrated and can be more susceptible to stress. The following is a list of general recommendations that CPW would like to be taken into consideration with this proposed development to avoid conflicts with wildlife. Clustering: CPW recognizes the intent to cluster proposed structures and activity envelopes near existing houses. Clustering of infrastructure helps to minimize overall impacts to wildlife. Buildings and houses should be clustered as densely as possible to minimize the total area of disturbance caused by development and human activity. Proposed structures should be planned as close to existing roads as possible to minimize additional developmental/infrastructure sprawl. Fencing: STATE OF COLORADO John W. Hickenlooper, Governor • Mike King, Executive Director, Department of Natural Resources Rick D. Cables, Director, Colorado Parks and Wildlife Parks and Wildlife Commission: David R. Brougham • Gary Butterworth, Vice -Chair • Chns Castilian Dorothea Farris • Tim Glenn, Chair • Allan Jones • Bill Kane • Gaspar Perricone • Jim Pribyl • John Singletary Mark Smith, Secretary • Robert Streeter • Lenna Watson • Dean Wingfield Ex Officio Members: Mike King and John Salazar Z, CPW supports the fencing guidelines provided by Pitkin County. General fencing guidelines recommended by CPW include: Woven wire or chain -link fences should only be used in areas where total wildlife exclusion is desired (i.e. around the immediate domicile or to protect trees and shrubs). Other perimeter and lot fencing should be prohibited where possible. Should perimeter fencing be required, recommended fencing should be no higher than 42 inches in height to allow adult animals to jump the fences without becoming entangled in the top wire. The top strand of wire should be smooth wire to minimize injury to wildlife jumping over fences. A minimum 16 inch gap should exist between the bottom wire and the ground to allow juvenile animals to pass under the fence. The use of ornamental fencing with sharp vertical points or projections extending beyond the top rail should be strongly discouraged as animals will become impaled on them. Buffers: CPW supports Pitkin County guidelines which require a 300 foot minimum buffer between waterfowl habitat and all buildings or structures. CPW also recommends a minimum buffer of 100 feet from any stream, river or riparian area as these habitats are sensitive and easily damaged. CPW supports and strongly recommends the Pitkin County guideline of a minimum 1/4 mile buffer separating buildings and structures from deer and elk migration routes. Construction Timing: To reduce impacts to wintering wildlife construction should not occur after November 30h not before April 1 ". Pets: Pets should not be allowed to roam free, especially dogs. CPW recommends that dogs be leashed or kenneled at all times to prevent the chasing and harassment of wildlife. It is especially imperative that this practice be followed during elk production months (May and June) and when animals are on their winter range. During this period, deer and elk are often forced to travel through deep snow. Harassment by dogs increases stress and can exhaust individuals beyond recovery. In areas such as this where mountain lions are a concern, kennels should include a top panel to prevent access to the kennel by the lion. One benefit to keeping animals under control is that they are less likely to become prey for mountain lions, coyotes, bobcats, foxes or raptors. Pets should not be fed outside and pet food should be stored in an enclosed area. Trash: Trash should be kept inside a secure enclosure until the morning of trash pickup. Bears, skunks and raccoons are attracted to garbage and do become habituated. Individual bear- STATE OF COLORADO John W. Hickenlooper, Governor • Mike King, Executive Director, Department of Natural Resources Rick D. Cables, Director, Colorado Parks and Wildlife Parks and Wildlife Commission: David R. Brougham • Gary Butterworth, Vice-Chair • Chns Castilian Dorothea Farris • Tim Glenn, Char • Allan Jones • Bill Kane • Gaspar Pemcone • Jim Pnbyl • Join Singletary Mark Smith, Secretary • Robed Streeter • Lenna Watson • Dean Wingfield Ex Officio Members: Mike King and John Salazar proof trash receptacles can be used by homeowners to assist in mitigating these conflicts. Per Pitkin County guidelines, trash must be stored in an approved bear resistant container or enclosure. Feeding Wildlife: Feeding of all wildlife should be prohibited, with the exception of songbirds. Although legal, suet and hummingbird feeders are particularly attractive to skunks, raccoons and bears and their use should be discouraged. If used, bird feeders should be brought inside each night. It is illegal to feed big game animals including deer, elk, bear and lions. To further minimize the potential for wildlife conflict, fruit trees and fruit bearing shrubs should be prohibited. Thank you for the opportunity to comment on this preliminary plan. If you have any questions or require additional information please contact District Wildlife Manager Matt Yamashita at 970- 947 -2931 or via e -mail matt.yamashita @state.co.us. Sincerely, Matt Yamashita District Wildlife Manager STATE OF COLORADO John W. Hickenlooper, Governor • Mike Fling, Executive Director, Department of Natural Resources Rids D. Cables, Director, Colorado Parks and Wildlife Parks and Wildlife Commission: David R. Brougham • Gary Butterworth, Vice -Chair • Chris Castilian Dorothea Farris • Tim Glenn, Char • Allan Jones • Bill Kane • Gaspar Perticone • Jim Pribyl • John Singletary Mark Smith, Secretary • Robert Streeter • Latina Watson • Dean Wingfield Ex Officio Members: Mike King and John Salazar PITKIN COUNTY COMMUNITY DEVELOPMENT Permit Receipt RECEIPT NUMBER 00033606 Name: Newland Project Resources Inc Date:2/6/2013 Project Address: 1750 SOUTH SHORE DR Type: check # 4852 Permit Number Fee Description Amount 0007.2013.PLAN PP- Flat Fee 3,744.00 0007.2013.PLAN PP- Clerk Tech Fee 25.00 0007.2013.PLAN PP- Public Notice Fee 54.00 0007.2013.PLAN PP- EH &NR Referral Fee 542.00 Total: 4,365.00 FOUND NO.5 REBAR A YELLOW PLASTIC CAP MARKED LS 14111 w'seMapk � Lot B Ruaw South Shore 10.37 Acres JEAN AND MONROE DODD, ACTIVITY EN TE PLAN REVIEW A PARCEL OF LAND SITUATED IN SECTION 15 TOWNSHIP 8 SOUTH, RANGE 84 WEST OF THE 6th P.M. COUNTY OF PITKIN, STATE OF COLORADO PARCEL NO. 247115401006 SHEET 1 OF 1 FOUND NO.S REBAR b S 138 °05.7 f' E 102300' YELLOW PLASTIC CAP MARKED Ls 1H71 RCTMrTYBh%IELGPF — NC5w m nE tO LS 11 LXBG%%L SUBDIVISION PUT DELINEATED yV 900 / BUILDING Lot 7 ENVELOPE j PUT BOOK 16 1 PAGE 50 SO'Setthack� / FOUND CAP — JEAN AND MONROE DODD, ACTIVITY EN TE PLAN REVIEW A PARCEL OF LAND SITUATED IN SECTION 15 TOWNSHIP 8 SOUTH, RANGE 84 WEST OF THE 6th P.M. COUNTY OF PITKIN, STATE OF COLORADO PARCEL NO. 247115401006 SHEET 1 OF 1 FOUND NO.S REBAR b S 138 °05.7 f' E 102300' YELLOW PLASTIC CAP MARKED Ls 1H71 RCTMrTYBh%IELGPF — NC5w m nE tO LS 11 LXBG%%L SUBDIVISION PUT DELINEATED yV 900 Lot 7 BIACDBIG ENVELOPE poo Foot RArUus) s15 I Ruedl South Shore CS 54 I Subdivision / FOUND CAP — PUT BOOK I6 PAGE 50 eiit 10.0ULOW�kfST1c KMPAG PO MARKED LS 14Ill WRId A'AAnms• retcaer CimRD BBAWAC BURLD/NG SET BACK LINES Or -A AS SHOWN 0.57. Lot B I ,�r Ruel CL EXISTING PROPOSED 30'SeMxA fu.ca•.v IMPROVED DRIVEWAY SEE SITE PLAN E.I. YAP THIS SHEET I FOUNOTl03 YELLOW P-A9VG.QAP MARKEDLS 141fh of I to T ' PXOPEXTYOESCAIPf10N lean.IM Mamo r Dodd, belrylthe ownaroro tam lands In Ntkln County, Comrade, Resorted as MI.M: LOTS 6, RNAL PLATOF: RUEDI50UTI( SHORE 5UBDM510N RECORDED AUGUEET 10, 1384 IN PLAT BOOK 16 AT PAGE 50, A5 RECEPTION No COUNTY OFPR1(IN,5TATEOFCOLORADO I GRAPERC SCALE (or>m) me . m It N �3. X20 °).y X0,00, 30� \ SHORcS, Dt� `ACDVf1Y ENVELOPE DETAIL SCALE P =1P eYnOeo Lot 7 I Ruedl South Shore CS 54 I Subdivision / FOUND CAP — PUT BOOK I6 PAGE 50 eiit 10.0ULOW�kfST1c KMPAG PO MARKED LS 14Ill WRId A'AAnms• retcaer CimRD BBAWAC PXOPEXTYOESCAIPf10N lean.IM Mamo r Dodd, belrylthe ownaroro tam lands In Ntkln County, Comrade, Resorted as MI.M: LOTS 6, RNAL PLATOF: RUEDI50UTI( SHORE 5UBDM510N RECORDED AUGUEET 10, 1384 IN PLAT BOOK 16 AT PAGE 50, A5 RECEPTION No COUNTY OFPR1(IN,5TATEOFCOLORADO I GRAPERC SCALE (or>m) me . m It N �3. X20 °).y X0,00, 30� \ SHORcS, Dt� `ACDVf1Y ENVELOPE DETAIL SCALE P =1P eYnOeo Lot 7 I Ruedl South Shore I Subdivision / PUT BOOK I6 PAGE 50 mare T"M WRId A'AAnms• retcaer CimRD BBAWAC nave Or 0.57. Lot B ,�r \`6 a fu.ca•.v r SEE SITE PLAN E.I. YAP THIS SHEET I FOUNOTl03 YELLOW P-A9VG.QAP MARKEDLS 141fh of I T ' PXOPEXTYOESCAIPf10N lean.IM Mamo r Dodd, belrylthe ownaroro tam lands In Ntkln County, Comrade, Resorted as MI.M: LOTS 6, RNAL PLATOF: RUEDI50UTI( SHORE 5UBDM510N RECORDED AUGUEET 10, 1384 IN PLAT BOOK 16 AT PAGE 50, A5 RECEPTION No COUNTY OFPR1(IN,5TATEOFCOLORADO I GRAPERC SCALE (or>m) me . m It N �3. X20 °).y X0,00, 30� \ SHORcS, Dt� `ACDVf1Y ENVELOPE DETAIL SCALE P =1P eYnOeo NOTES 1. D.wor P.ee.r =cun:lmu.+�v cols. S. R NLUP1an: IMYROyEMFMSURVEY%Ai,LpT6, RUEp5WTN5NnRESUapIVWON, NInN COUNTY, SOU MUFOb/ TUNe Yvlvyiry )MUNG TOM FINALIDll.YM EO RECUR MAWUT1LOT4 INFfL SOUTN 6AT Ff4EA FITIM MUM",NGTOTHE FNUt PIAi HEREOF RFm.YOEOP000ST ]O. I98s IN %AT BOON I6 AT VNGFSp, %LR+N MUM", COLOMOn. 3. .. W Ceumours: MUM Me omvm clnmywpdwoon N NM anrebpe aM.0, ma noun, emeM,, ellpim e en[N core -ro A. an hero McIMMOYFMENT SURVEY PMT, LOT 6, RURA 50UM SHORE su U.,.I.N, POION COUNTY, mWIRN, fiy Tome wnemma SeMm, date! lWOO11. AMILbIW edlmun .FOwn corn wMe erxewaywensrteeef sum m Pmn TeumN to !ropey MluRN m Ne w.+reYprx Nmuan. 9. UM' of MMnp: Per lM%IONEMEM SURVEY FAT, Ulr 6. RUM SCUM LURE WERINSION, MWN NUMY, COLORADO, WTuttle W1.11ma SaMVR da el 1Wn/X=Sewn of"ouip arq-cl Fat as the eanwN OrapenY Ilne wIM bniMa d SCMg2RYPE between Me shorn mmummb. s. All e+i W cwMtlna 6aad on lMPROVEMEM SUeVEY FMT, OUT 6, RUEDI SOUM SHORE SWUMPOR, WROM CP NIY. COLOMGO, by Tuttle SUneMNbMm ,tlared lgAl/1O31wba oMerMU narad. 6. 1 M1iv arlMly emNOp a rile p'an In rho wry rtpsnC a hwMry NhNy pgiFtl b/ Soprh EplMahlry.. Me sco L_ �. cN•aaM — scene 6 Oe15 L ^—� =� � � GWYI C TUM < _ _ RTMAII'WL s ONTIER(5)ACENiTy ENWLOPEANDSMPLANREVIEWWMNIN ANDWAVER Owners acknowieolp that they have been NdR d by Phkln Colmry of the a irtence of enNnnmental hazard areas that may affect the property, any Improvements, and the use and occupancy thereof. TIME prowism. of Rtdn County do net In arty wry assure or-mply Nut t)re areas N[Nde of doods ated hamN areas MIR the "a from hecards, or Mat approved re�krs.aa�t�mn/�m�eesures SIR BYanntee the safety ofany pmceM. yy�ArAS— S11+11:3 JEAN W, �ACA�. l� Ss °Tr ry 2or3 MONRDE DODO, SOPRIS ENGINEERING - LLC CIVIL CONSULTANTS 502 MAIN STREET, SUITE A3 CARBONDALE, COLORADO 81623 (970) 704 -0311 Y � _ —� _ —_ —_— _ SITE PLAN EXHIBIT MAP I MMm a VIDNRYMAP SQl�] -1000' s* sMuss `maMadvaIFausr b 7 or wR vOJ PRILIN COUNTY IDMMUNDY OEYELOPEMENT DIRECTOR MPRO VM TMs LOT6, muM EGUrM SHORE SUBDIVISION Activity ErrvHOpe arhd 5ke Plan Review Mahas nrevkwW and approved by Me COmmunny Development Dbectorthtsday ID13,and NSUhle CmAMntseatival Detemnlnaact No T recorded as Receptor No. A9994eaT C AS UNmD Mo�gT$I.RECTzoR Mr G1SEe pDD'I -13 '•P� S QERKE RECORDER ACCEPTANCE nio AC&IRYEme.W51te Pun Review has been accepted For Min a11' In Me Moe of the Oertand Recorder of Pinno County, Comrade, Mls day of � .1013, In PUt OOOk ID3 stoups of IN Recupfunno nipy1sl RE CEPTONH: OF1.R $11+Imla al �auuo�ta� a+:tTBK1.hOF+.Re+l . ap ®rc. LV /anL Al/TIL vo. Gvudnl. From counrY. Co rr' vur erc +m Fo w ELEPK AND RECORDER/OFPUTY e19 a A� on E: .78 2$� 4� A. 7 8m CONSTRUCTION EASELNENT / FOR THE PU' ROAD REAL IN / PUT BOOK I6 PAGE 50 i Lot B Runoff South Shore SubdiHeion \`6 SEE SITE PLAN E.I. YAP THIS SHEET I FOUNOTl03 YELLOW P-A9VG.QAP MARKEDLS 141fh NOTES 1. D.wor P.ee.r =cun:lmu.+�v cols. S. R NLUP1an: IMYROyEMFMSURVEY%Ai,LpT6, RUEp5WTN5NnRESUapIVWON, NInN COUNTY, SOU MUFOb/ TUNe Yvlvyiry )MUNG TOM FINALIDll.YM EO RECUR MAWUT1LOT4 INFfL SOUTN 6AT Ff4EA FITIM MUM",NGTOTHE FNUt PIAi HEREOF RFm.YOEOP000ST ]O. I98s IN %AT BOON I6 AT VNGFSp, %LR+N MUM", COLOMOn. 3. .. W Ceumours: MUM Me omvm clnmywpdwoon N NM anrebpe aM.0, ma noun, emeM,, ellpim e en[N core -ro A. an hero McIMMOYFMENT SURVEY PMT, LOT 6, RURA 50UM SHORE su U.,.I.N, POION COUNTY, mWIRN, fiy Tome wnemma SeMm, date! lWOO11. AMILbIW edlmun .FOwn corn wMe erxewaywensrteeef sum m Pmn TeumN to !ropey MluRN m Ne w.+reYprx Nmuan. 9. UM' of MMnp: Per lM%IONEMEM SURVEY FAT, Ulr 6. RUM SCUM LURE WERINSION, MWN NUMY, COLORADO, WTuttle W1.11ma SaMVR da el 1Wn/X=Sewn of"ouip arq-cl Fat as the eanwN OrapenY Ilne wIM bniMa d SCMg2RYPE between Me shorn mmummb. s. All e+i W cwMtlna 6aad on lMPROVEMEM SUeVEY FMT, OUT 6, RUEDI SOUM SHORE SWUMPOR, WROM CP NIY. COLOMGO, by Tuttle SUneMNbMm ,tlared lgAl/1O31wba oMerMU narad. 6. 1 M1iv arlMly emNOp a rile p'an In rho wry rtpsnC a hwMry NhNy pgiFtl b/ Soprh EplMahlry.. Me sco L_ �. cN•aaM — scene 6 Oe15 L ^—� =� � � GWYI C TUM < _ _ RTMAII'WL s ONTIER(5)ACENiTy ENWLOPEANDSMPLANREVIEWWMNIN ANDWAVER Owners acknowieolp that they have been NdR d by Phkln Colmry of the a irtence of enNnnmental hazard areas that may affect the property, any Improvements, and the use and occupancy thereof. TIME prowism. of Rtdn County do net In arty wry assure or-mply Nut t)re areas N[Nde of doods ated hamN areas MIR the "a from hecards, or Mat approved re�krs.aa�t�mn/�m�eesures SIR BYanntee the safety ofany pmceM. yy�ArAS— S11+11:3 JEAN W, �ACA�. l� Ss °Tr ry 2or3 MONRDE DODO, SOPRIS ENGINEERING - LLC CIVIL CONSULTANTS 502 MAIN STREET, SUITE A3 CARBONDALE, COLORADO 81623 (970) 704 -0311 Y � _ —� _ —_ —_— _ SITE PLAN EXHIBIT MAP I MMm a VIDNRYMAP SQl�] -1000' s* sMuss `maMadvaIFausr b 7 or wR vOJ PRILIN COUNTY IDMMUNDY OEYELOPEMENT DIRECTOR MPRO VM TMs LOT6, muM EGUrM SHORE SUBDIVISION Activity ErrvHOpe arhd 5ke Plan Review Mahas nrevkwW and approved by Me COmmunny Development Dbectorthtsday ID13,and NSUhle CmAMntseatival Detemnlnaact No T recorded as Receptor No. A9994eaT C AS UNmD Mo�gT$I.RECTzoR Mr G1SEe pDD'I -13 '•P� S QERKE RECORDER ACCEPTANCE nio AC&IRYEme.W51te Pun Review has been accepted For Min a11' In Me Moe of the Oertand Recorder of Pinno County, Comrade, Mls day of � .1013, In PUt OOOk ID3 stoups of IN Recupfunno nipy1sl RE CEPTONH: OF1.R $11+Imla al �auuo�ta� a+:tTBK1.hOF+.Re+l . ap ®rc. 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ENVELOPE, \ PLAT BOOK 16' BUILLDING SETBACK LINES t PAGE 50 '"" 1 DISTANCES AS SHOWN 30' Sefbackl : :.: I Rue( ACTIVITY ENYEL ,,� s I l �M Ill amth mi ftbovW= -, CL EXISTING PROPOSED 30' Setback M37 Awl +/- �--- IMPRQVED DRIVEWAY APPROXIMATE LOCA710N OF OWTS 4W En _ : \ 900' Sefb#c!r �`'r'�. . ' ` .� ' = = =!-- - A--"�" _ �� c on ,.' �. _.. _.,_ ..- -"' 1Q�► � `�♦ ` � � �, f r _..• -•-•• _"' _ ---. -• r _ =_ r LacrAZlc�l � ;iwis ,,,,.- . �� • • — — _ — +...., �A I � \` .i', _ I � � r 1` `� _ GALLON SEPTIC TANK �.4 '-� % � _ ,..•- 'r•- '~ ........ ..... /+� Q� 0!90.... ... : , .• ' :. .. .. ; ......:.. .... ..- ...•- r-•' 1...• -•”' ..�- : WRVPOSEO RETAINING WALL : � J �hr.. ,, -� ..:.. � �, can ^ .- _ .... \- • . �► ' "` .,`. 90.01UTiLITY EASE E, _ •LriV V �''. `, \ .�„`�,� SM PLAT BOOK 16 PAGE BUILDING LINE CAP MARKED 14111 �.. ..'.. LOTS 100' RONT. 3O' SIDE, 50' REAR I LS {^ 'tom ♦++. ,w �-c. C �t .c�1 �, ri: j�I _ --� .��_' ~_'-- �� `.� 30.a ':.... 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'' \ . \~� .ti`..'w!!.,,•.� '.T,,,. -'. ..,•.,.ti ^`til�l�� ....�` .. � ......... ... ...... —RA Rm- PROPERTY DESCRIPTION Ruedi South Shore Subdivision Jean and Monroe Dodd, being the owner of certain lands in Pitkin County, Colorado, described \ -- I as follows: FOUND�71F0?5 EBAR & SEE SITE PLAN IT MAP THIS SHEET YELLOW P AP : LOTS 6, FINAL PLAT OF: ---- -- MARKED LS 14? �'!�. ....... :...' `.' .::..... t ...... : ~ RUEDI SOUTH SHORE B ,..:.:h:..,..:.:........:.... :...,'.... � :'... �... :........ `..:,::.......: �``''''` � � _, :�;,: ;•':.: � ., ._ _,._.- ; S O SUBDIVISION « . -�-�_ RECORDED AUGUEST 10 19$4 IN PLAT BOOK 16 AT PAGE 50 AS RECEPTION No. ''�1 ....:...... .. COUNTY OF PITKIN, STATE OF COLORADO , . . :. :. : >.... :. °.. :.... : ...- --'- - ._,_. - _ _ _ -- - ....:..::. — : PA�'HI` SCALE LOT 7 •. GRAPHIC SCALE — — — 80 0 30 to In 240 NOTES W ~ ~ ` `... ( PERT . ......:...: <' 1. Date of Preparation: Janurary, 2013. I i inch = 40 ft, ~ �' { IN FEET ) 1 inch 60 ft. 2, Basis of Site Plan: IMPROVEMENT SURVEY PLAT, LOT 6, RUED! SOUTH SHORE SUBDIVISION, PITKIN COUNTY, SITE PLAN EXHIBIT MAP COLORADO, by Turtle Surverying Services, dated 10/31/2012. Said plat includes reference OF LOT 6, RUEDI SOUTH SHORE SUBDIVISION, ACCORDING TO THE FINAL PLAT THEREOF RECORDED AUGUST 10, 1984 IN PLAT OWNER(S) ACTIVITY ENVELOPE AND SITE PLAN REVIEW WARNING AND WAIVER PITKIN COUNTY COMMUNITY DEVELOPEMENT DIRECTOR APPROVAL BOOK 16 AT PAGE 50, PITKIN COUNTY, COLORADO. Owners acknowledge that they have been notified by Pitkin County of This LOT 6 RUEDI SOUTH SHORE SUBDIVISION Activity Envelope and. Site Ptah. Review 1 3. Basis of Courltours: Wlrhin the or'i final ratted subdivision buitdin envero a and anon the existin driveway p g p g p g g Y the existence of environmental hazard areas that may affect the alignment the countours shown are frocri the IMPROVEMENT SURVEY PLAT, LOT 6, RUEDI SOUTH SHORE has b n reviewed and approved by the Community Development Director this day ION, PITKIN COUNTY, COLORADO, by Turtle Surverying Services, dated 10/31/2011. Additional contours property, any improvements, and the use and occupancy thereof. _ � suBDlvrs of 2013, and is subject to Aministrative Determtrration o shown north of the driveway were created based on Ptrkin Country GiS mapping adjusted to the survey plat The provisions of Pitkin County do not in any way assure or imply that the No recorded as Reception No. 99loa? 3$��� evation f designated h it f that y _� ' �► arils, or a el ' ' t f f pp mitigation measures will guarantee the safety o any property. design rd areas hazard t,r � areas outside o a e aza eas wr be tee from h , . Mr ... :.. : " • 4. Basis of Bearings: Per IMPROVEMENT SURVEY PLAT, LOT 6, RUEDI SOUTH SHORT: SUBDIVISION, PITKIN COUNTY, t"OVed �tiga � n m � t u n .. said at as easterly r COLORADO, by Turtle Surverying Services, dated 10/31/2011. Shown on this map and 'd pl he ea rly 6. S property tine with bearing of SOODeg28'57gE between the shown monuments. Ski 1 �o ``' 47 �t l COM UNITY D ELOPM ° tlR� FOR M C . ,........::....:...:.: •.. : :... : :•.....� ..� ' �, ���� I .. ..� Lys, :.,...... �� .JEAN DD, SSE P OOZ ' 1?j c�„ "� -. ...., . ..... . ... ..: ACTIVITY ENVELOPE DETAIL SCALE 1 " =20' NOTICE: ACCORDING TO COLORADO LAW YOU MUST COMMENCE ANY LEGAL ACTION BASED UPON ANY DEFECT IN THIS SURVEY WITHIN THREE YEARS AFTER YOU FIRST DISCOVER SUCH DEFECT. IN NO EVENT MAY ANY ACTIN BASED UPON ANY DEFECT IN THIS SURVEY BE COMMENCED MORE THAN TEN YEARS FROM THE DATE OF CERTIFICATION SHOWN HEREON. 5. Air exrstrng conditions based on IMPROVEMENT SURVEY PLAT, li 6, RUEDI SOUTH SHORE SUBDIVISION, PITKIN COUNTY, COLORADO, by Tuttle Surverying Services, dated 10/31/2011.uniess otherwise noted. ltlae4 6. This activity envelope & site plan in no way represents a boundary survey prepared by Sopris Engineering.. MONROE DODD, - L1LC SO PRi S ENGINEERING CiVIL CONSULTANTS 502 MAIN STREET, SUITE A3 CARBONDALE, COLORADO 81623 (9 70) 704 -0311 CLERK & RECORDER ACCEPTANCE This Activity Envelope /Site Pian Review has been accepted for filing in the Office of the Clerk and Recorder of Pitkin County, Colorado, this day of t),t" .I , 2013, in plat book J at page � yi as Recep no, 44!RL6 RECEPTION #: 699969, 05131/2013 at 01:12:34 PM,1 OF 1, R $11.00 Janice K. ` Vos Caudill, Pitkin County, CO LERK AND RECORDER /DEPUTY PLAT BK 103 PG 14 119113 M :13200dwgs\12175\aVI15ETlMAGE1\ dwg