HomeMy WebLinkAboutbocc.con.240.2013 RECEPTION#: 602572, 08/16/2013 at
09:40:39 AM, CONTRACT# 0-WG
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1 OF 87, R $441.00 Doc Code
AGREEMENT
Janice K. Vos Caudill, Pitkin County, Co DEVELOPMENT AGREEMENT
This Development Agreement (the "Agreement") is dated as of the )yitlay of
, 2013, by and between the Board of County Commissioners of Pitkin
Countyte`BOCC") and The Dart Family Partnership Ltd. ("Owner").
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RECITALS
1. The Dart Family Partnership Ltd. (represented by Paul Dart) owns a 276 +/- acre
parcel of land located at 964 Lower River Road (Parcel ID #2476-262-00-002) fully
described in Attachment #1 to this document and referred to herein as the "Property".
2. The Property is zoned AFR-10 and is a conforming size parcel in this zone.
3. The Hearing Officer considered this application at a duly noticed public hearing
on August 29, 2006, at which time evidence and testimony were presented with respect to
the application. The hearing was tabled to September 6, 2006 for a site visit and further
discussion, and then was continued again to September 19, 2006.
4. The Property received approval through the Pitkin County Hearing Officer
pursuant to Determination No. 42-2006 for 1041 Hazard Review, Special Review and
GMQS Exemption for additional floor area and a CDU, GMQS Exemption for a
replacement unit and a historic incentive for an additional dwelling unit recorded at
reception # 529605 ("the Determination"). Refer to Attachment 2 for a copy of the
• Determination.
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5. The Owner then, in a timely fashion, appealed the Determination to the Board of
County Commissioner(BOCC) at a regular meeting on January 10, 2007 where the
BOCC made a finding that"the Hearing Officer abused his discretion in making a
decision inconsistent with the Land Use Code.... in the way he allocated the square
footage and allocated TDRs with regard to the square footage." The BOCC motioned to
send the application back to the Hearing Officer, "with the direction that he (Hearing
Officer) needs to consider on EACH parcel protection of the historic structures,
maintenance of the historic structures and additional unit of 5,750 plus the use of one
TDR to go to a maximum of 8,250 on EACH lot, subject to staffs review of site planning
because of the sensitive nature of the site."
6. The Hearing Officer then amended the Determination pursuant to Hearing Officer
Determination No 10 of 2007 recorded at 537126 (the "Amended Determination"). Refer
to Attachment 3 for a copy of the Amended Determination.
7. The Property's approval and conditions of approval are documented in the
Determination,unless otherwise replaced or amended by the conditions in the Amended
Determination.
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8. On October 31, 2007 the BOCC approved Resolution No. 089-2007 which
granted An Extension of Vested Real Property Rights for the Dart Family Partnership
until October 24, 2027 recorded at reception # 543858 ("the Resolution"). Refer to
Attachment 4 for a copy of the Resolution.
9. There is a Conservation Easement on the Property dated May of 1997 and
recorded under reception number 410590 (the "Conservation Easement"). Refer to
Attachment 5 for a copy of the Conservation Easement. This 1997 Conservation
Easement reserved the right to construct, improve and/or renovate certain residential
dwellings units and related improvements within two six acre building envelopes at some
point in the future. The approvals for this reserved development were obtained in 2006
and 2007 under Determination and the Amended Determination. The Conservation
Easement and the approvals guarantee that a large portion of the 276 +/- acre Property
will remain substantially undeveloped in perpetuity. Attachment 6 is the Amended
Conservation Easement.
10. The Property contains three historic structures on three lots which have been
historically designated and will be preserved, the historic Wheatley Schoolhouse, the
Wheatley Homestead and the Arbany Farmhouse. The property is divided into two
tracts, one with the Schoolhouse and the second with the historic Wheatley Homestead
and the Arbany Farmhouse. The Schoolhouse will be converted to a Caretaker Dwelling
Unit and a new home will be developed pursuant to Section 9-110-041.0 and 9-110-
052.D of the Code (Density Bonus for CDUs and Exemption for Replacement Units).
The Farmhouse unit which is now a free-market single family dwelling unit will become
a second free market single family dwelling unit. A new house will be developed
adjacent to the Farmhouse and will be the primary residence on the property. This will be
developed pursuant to Section 9-110-043 of the Code (Incentive for Preservation of
Historic Structures). A Covenant for Historic Resources has been recorded at Reception
Nay • (.o0*sG4 . 605Tge 3-16, -1-0/3
11. This document constitutes a Development Agreement as referenced in Section 2-
2-20-170.c.2 of the Pitkin County Land Use Code and meets the criteria of this Section of
the Code as the Owner is protecting significantly more open space than would otherwise
be required by the Pitkin County Land Use Code. Through this development agreement,
the vested property right, as defined in C.R.S. 24-68-101 is vested for a period of twenty
(20) years and the approvals will not lapse before then.
NOW THEREFORE, in consideration of the foregoing Recitals, the parties agree as
follows:
• 1. hi accordance with the terms and conditions of the approval in the Determination
and the Amended Determination, the Resolution, the Conservation Easement and this
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Development Agreement, the Owner shall receive:
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(a) The ability to develop and improve the property within the terms and
conditions of the Determination, Amended Determination, Resolution this Development
Agreement and the Conservation Easement and the Amended Conservation Easement;
(b) The property is vested in the terms established in the Determination, the
Amended Determination, the Resolution not the entirety of the Code provisions with the
exceptions recognized in state law, including but not limited to CRS 24-68-101 et seq,
concerning rules that are general in nature and those pertaining to the protection of the
public health, safety and welfare from natural and manmade hazards. Vested Property
Rights have been granted for 20 years from the date of approval of the Resolution
(c) The approvals, terms, covenants, conditions and restrictions shall
be binding upon and inure to the benefit of, the parties hereto and their respective
personal representative, heirs, successors and assigns and shall continue as a servitude
running in perpetuity with the title to the Dart Property.
APPROVED ON THIS I 11L1-.DAY OF j\ , 2013
ATTEST BOARD OF COUNTY COMMISSIONERS
,+ OF PITKIN County, Colorado
l l)l/i%1'/' �ii:cv 1 P �,fi'/, �J J%✓��
Cleik to the Board/ Chaik
APPROVED AS TO FORM: APPROVED AS TO CONTENT:
‘,N\ (Q„„\C„ , _°.„ ,:t1/4
JOHN ELY, I I HOUBEN,
County A • - Community Development Director
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Dart Family Partnership Ltd.
Paul Dart, General •artner
Janneli C. art, General Partner
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!J Peter J. L . t, General Partner
List of Attachments
1. Legal Description
2. Determination No. 42-2006 for 1041 Hazard Review, Special Review and GMQS
Exemption for additional floor area and a CDU, GMQS Exemption for a
replacement unit and a historic incentive for an additional dwelling unit recorded
at reception # 529605
3. Determination of No. 10-2007 Amending Determination No. 42-2006 redcorded
at Reception No. 537126
4. Board of County Commissioners Resolution No. 089-2007 Approving an
Extension of Vested Real Property Rights for the Dart Family Partnership
recorded at reception# 543858.
5. Deed of Conservation Easement recorded at Reception# 410590, Pitkin County
Clerk and Recorder's Office
6. Amendment to the Deed of Conservation Easement recorded at Reception#
Pitkin County Clerk and Recorder's Office
Saved as: Draft of Dart Development Agreement Final Version Submitted to Community Development and
Revised by Lance
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Attachment 1
Dart Family Partnership LTD .
Legal Description
A PARCEL OF LAND SITUATED IN SITUATED IN A PORTION OF TRACTS 72
AND 73, LOTS 15, & 16, SECTION 27 & LOT 16, SECTION 26, TOWNSHIP 8
SOUTH, RANGE 86 WEST OF THE SIXTH PRINCIPAL MERIDIAN, SAID
PARCEL OF LAND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT ANGLE POINT NO. 4 OF SAID TRACT NO. 73 ALSO BEING
ANGLE POINT NO. 3 OF TRACT NO. 72; THENCE
S 00°0525" W, A DISTANCE OF 210.00 FEET TO A POINT IN THE CENTER OF
THE ROARING FORK RIVER; THENCE ALONG SAID CENTER THE
FOLLOWING TWO (2) COURSES:
1) N 43°54'35" W, 70.18 FEET;
2)N 73°06'35" W, 141.98 FEET TO A POINT ON THE BOUNDARY LINE OF SAID
TRACT 72; THENCE N 00°07'18" E ALONG SAID BOUNDARY LINE, A
DISTANCE OF 120.00 FEET TO ANGLE POINT 4 OF SAID TRACT 72; THENCE
ALONG THE SOUTHERLY BOUNDARY LINE OF SAID TRACT 73 N 89°39'35" W,
A DISTANCE OF 2,530.94 FEET TO A POINT ON THE NORTHERLY RIGHT-OF-
WAY OF STATE HIGHWAY NO. 82; THENCE ALONG SAID RIGHT-OF-WAY
THE FOLLOWING FIFTEEN (15) COURSES:
1) N 73°37'20" W, 32.45 FEET;
2) N 56°48'32" W, 34.57 FEET;
3) A DISTANCE OF 231.06 FEET ALONG THE ARC OF A NON TANGENT CURVE
TO THE LEFT HAVING A RADIUS OF 766.30 FEET AND A CENTRAL ANGLE OF
17°16'35" (CHORD BEARS N 82°16'02" W, A DISTANCE OF 230.19 FEET);
4) S 89°05'40" W, 250.10 FEET;
5) A DISTANCE OF 200.28 FEET ALONG THE ARC OF A CURVE TO THE RIGHT
HAVING A RADIUS OF 1,382.57 FEET AND A CENTRAL ANGLE OF 08°17'59"
(CHORD BEARS N 86°4521" W, A DISTANCE OF 200.10 FEET);
6) N 82°36'17" W, 376.60 FEET;
7) A DISTANCE OF 268.52 FEET ALONG THE ARC OF A NON TANGENT CURVE
TO THE RIGHT HAVING A RADIUS OF 905.00 FEET AND A CENTRAL ANGLE
OF 17°00'00" (CHORD BEARS N 74°06'19" W, A DISTANCE OF 267.54 FEET);
8) N 65°36'20" W, 236.00 FEET;
9) A DISTANCE OF 174.15 FEET ALONG THE ARC OF A NON TANGENT CURVE
TO THE LEFT HAVING A RADIUS OF 1,005.03 FEET AND A CENTRAL ANGLE
OF 09°55'42" (CHORD BEARS N 70°34'13" W, A DISTANCE OF 173.94 FEET)
10) N 12°16'10" E, 52.42 FEET;
11)N 84°52'32" W, 319.40 FEET;
12) S 01°57'14" E, 49.38 FEET;
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13) A DISTANCE OF 19.58 FEET ALONG THE ARC OF A NON TANGENT CURVE
TO THE LEFT HAVING A RADIUS OF 1005.03 FEET AND A CENTRAL ANGLE
OF 01°06'59" (CHORD BEARS S 86°16'16" W, A DISTANCE OF 19.58 FEET);
14) S 85°41'50" W, 463.40 FEET;
15)N 78°58'38" W, 187.43 FEET; THENCE LEAVING SAID RIGHT-OF-WAY N
43°48'22" E, A DISTANCE OF 227.56 FEET TO A POINT IN THE CENTER OF SAID
RIVER; THENCE ALONG THE CENTER OF SAID RIVER THE FOLLOWING
THREE (3) COURSES:
1)N 22°18'33" W, 109.31 FEET;
2)N 41°01'39" W, 203.48 FEET;
3)N 59°37'04" W, 78.29 FEET TO A POINT ON THE BOUNDARY LINE OF SAID
TRACT LINE 73; THENCE ALONG SAID BOUNDARY LINE N 00°00'59" E, A
DISTANCE OF 532.58 FEET TO ANGLE POINT 2 OF SAID TRACT 73 ALSO
BEING THE SOUTHWEST CORNER OF GOVERNMENT LOT 16; THENCE
LEAVING SAID BOUNDARY LINE AND ALONG THE WESTERLY LINE OF
SAID GOVERNMENT LOT N 00°08'11" W, A DISTANCE OF 794.97 FEET TO THE
NORTHWEST CORNER OF SAID GOVERNMENT LOT; THENCE ALONG THE
NORTH LINE OF SAID GOVERNMENT LOT S 89°45'29" E, A DISTANCE OF 81.84
FEET TO THE NORTH 1/4 CORNER OF SAID SECTION 27; THENCE ALONG THE
NORTH SECTION LINE OF SAID SECTION 27 S 89°17'46" E, A DISTANCE OF
2,644.04 FEET TO THE SECTION CORNER COMMON TO SECTIONS 22, 23, 26, &
27; THENCE N 89°21'13" E ALONG THE NORTH SECTION LINE OF SAID
SECTION 26, A DISTANCE OF 2628.97 FEET TO THE NORTH 1/4 CORNER OF
SAID SECTION 26; THENCE CONTINUING ALONG SAID NORTH SECTION
LINE OF SAID SECTION 26 N 89°44'08" E, A DISTANCE OF 1332.60 FEET TO A
POINT ON THE EASTERLY BOUNDARY LINE OF SAID TRACT 72; THENCE
&ALONG SAID EASTERLY BOUNDARY LINE S 00°40'09" W, A DISTANCE OF
868.10 FEET TO ANGLE POINT 3 OF TRACT 71; THENCE LEAVING SAID
EASTERLY BOUNDARY LINE AND ALONG THE NORTHERLY BOUNDARY
LINE OF SAID TRACT N 88°1321" W, A DISTANCE OF 1,120.77 FEET TO ANGLE
POINT 1 OF SAID TRACT 73 AND ANGLE POINT 2 OF SAID TRACT 72; THENCE
LEAVING SAID NORTHERLY BOUNDARY LINE AND ALONG THE WESTERLY
LINE OF SAID TRACT 72 S 00°12'08" W, A DISTANCE OF 1,315.14 FEET TO THE
POINT OF BEGINNING.
EXCEPTING THAT PROPERTY DESCRIBED FOR THE WHEATLEY CEMETARY,
BOOK 189 AT PAGE 384
CONTAINING 12,045,677 SQUARE FEET OR 276.536 ACRES, MORE OR LESS.
AND AS SHOWN ON THE FINAL PLAT OF WHEATLEY TRACTS SUBDIVISION
EXEMPTION PLAT
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I)ETEItMINA77ON OF THE HEARING O1.7 Ir Tic ( tl• THE ('OM:1IIJ:N171' I)EVEL(It'\1E.VI
DEPARTMENT OF PITKIN COUNTY, ( (Il,r)KAI1(r, APPROVING THE DART FA;1111.1'
PARTNERSHIP 1041 HAZARD REVIEW, .SI'I.( dAI. 1tEVIEW4' AND (;M(1.S EXEMPTION 1.01/,
ADDITIONAL FLOOR AREA AND A (in;. (;;,IOS EXEMPTION FOR A REPLACEMENT
UNIT AND A HISTORIC INCENTIVE IO It AN ADDITIONAL DWELLING UNIT
Determination '•;o. ( 2006
RECITALS
I. Dart Family Partnership ("Applicants") have applied it, die Pitkin County Hearing Officer("Hearin_
Officer") for 1041 Hazard Review, Special Review CMOS Exemption for Incentives for Preserra:i.:.n
of Historic Structures, Development Utilizing TDRs for :additional Floor Area & CDU approval to
establish two building rights on what will become two 141-acre parcels.
? The parcel is located at 0964 Lower River Road. and is more specifically described in Exhibit A.
3. The parcel contains approximately 282 acres and is ;1 conforming size parcel in the AFR_10 zone
district.
4. The Hearing Officer considered this application at a duly noticed public hearing on August 29. _'006. at
which time evidence and testimony were presented with respect to this application. The application was
then continued to September 6, 2006 for a site visit and further discussion. The application was
continued again to September 19, 2006.
5. The Applicant submitted a complete application prior to July 6, 2006, therefore, the application is
being considered pursuant to the 1994 Land Use Code. as amended.
6. The Hearing Officer finds that the proposed building envelopes are located on slopes of less than ',OCT.
and that the wildfire hazard is rated as low and can be mi_i:,ated
7. The Hearing Officer further finds that the property is
and, therefore, is eligible for one additional dweiiine unit pntoh� 750 square feet of floor area
to
exempt from Growth Management as provided for in Piikin County Land Use Code Section 9-110-
043.
NOW THEREFORE BE Tr RESOLVED hy tiu I ie:irin_• Officer that it does hereby approve
the Dart Family Partnership 1041 Hazard Review_ Sp—i; Review
Preservation of Historic Structures, Development Utilizing T o', & Additi Exemption for Incentives slnr
CMOS Exemption for a Replacement Unit, subject to !lie i„i I`rxii , conditional Floor Area & a
land and he binding on all successors in interest. conditions. which shall run with lre and :,
1. Prior to submission of any future building permit :ur.i:.•:,,o, the April learn shall he required i„
submit for approval hy the County Attorney and r
with land Use Code Section 5-70-040, winch •.ii::!; r,, Development,envelope c. a above Plan referenced
accord:1m
approvals shall he a condition precedent to fiu:,i n:clnpc .. The nhovc rcfcrenccd
2. Prior to issuance of any building permit', lot ;ir :
•
ant •.Ball.
l/rurtng Officer Determination No. _006 (Ill/i IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII I1IIIll! 5,9605
/'ale 2
E K VOS CnUDt LL PI TK to COUNTY CO 10/09/Z006
R 0.00 0 0.0(
A. Complete a fireplace/woodstove rege.tr:uinn form with the Community Development
Department, if necessary.
B. Obtain a County access/driveway permit.
C. Submit a drainage and erosion control plan for review and approval by the County Engineer.
D. Submit a construction management plan for review and approval by the County Engineer
showing the locations of staging, material storage and employee and construction traffic parking.
E. Pay the applicable road and housing impact fees.
3. The Applicant shall comply with the following to mitigate impacts on wildlife:
A. Dogs shall be prohibited. Notwithstanding the prohibition set forth herein, the dog known as
Bacchus, that is presently owned by the applicant's caretaker, may remain on the property as
long as the applicant retains ownership of either Lot.
B. Prior to issuance of any building permits on either Lot, the Applicant shall provide a fencing plan
for areas to the north of the Rio Grande Trail. Any fencing outside of the building envelopes
shall comply with the wildlife fencing standards in the Land Use Code. Prior to the issuance of a
building permit, the Applicant shall upgrade existing fencing on the parcel to Pitkin County and
CDOW standards.
C. Install and use approved bear-proof trash containers as required by the County.
D. Maintain native vegetation outside of the building envelope.
E. Avoid fruit-bearing trees and shrubs in any landscaping. Haystacks shall be fenced with 8' mesh
game-proof fencing.
F. No riparian or wetland vegetation shall be damaged or removed as per Section 3-80.80(G)(3) of
the Land Use Code.
4. The Applicant shall comply with the following landscaping and wildfire defensible space mitigation
standards:
A. Vegetation shall be reduced to break up the vertical and horizontal continuity of the fuels a
minimum of a 30 foot perimeter around all structures.
B. Spacing between clumps of brush and vegetation within the 30 foot perimeter shall be a minimum
of two times the height of the fuel. Maximum diameter of the clumps shall be two times the height
of the fuel. All measurements shall be from the edges of the crowns of the fuel.
C. All branches from trees and brush within the 30 foot perimeter shall be pruned to a height of 10 feet
above the ground and ladder fuels from around trees and brush shall be removed.
D. Tree crown separation within the 30 loot perimeter shall have a minimum of 10 feet between the
edges of the crowns.
E. All branches that extend over the roof eaves shall he trimmed and all branches within 15 feet of the
chimneys shall he removed.
F. Low vegetation (less than h inches, in height) shall he maintained within a 10 foot perimeter around
all structures.
C. The Applicant shall he re:.pnnt.ihlc for the continued maintenance of the defensible ;pace vegetation
requirements_
The .Applicam ;.hall comply : ith On: il�il �:.nip:. ;idhlna,nal wildfire rniueation
• //cormi: Officer Determination No.—I -l006 IIIIII II II III I III I I III III F�e/'age 3 C.',
II
IPNICC C vO5 CAUDILL PlTNIN COUNTY CO iP/!;9/2
R 0.00 D !, •.
A. Roots shall be amstructed with a Cm:. A pint l.nvcring or a Class A assembly as defined in the
International Building Code (IBC) Section 1505.2. Wood shake/shingle roof coverings are
prohibited. Roofs with less than a :i:l 2 pitch :Ire not permitted unless they comply with the
following:
1) All roof coverings shall be noncombustible 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 the
roof.
3) All roof designs shall facilitate the natural process of clearing roof debris. Protrusions above
the roofline, such as parapets, shall he prohibited.
4) Roofs shall he installed as required by the adopted building code and shall have a minimum
slope of 1:48.
5) All roof designs, coverings• or equivalent assemblies shall be specifically approved by the Fire
Marshal prior to submittal of a building permit application.
B. Vents shall be screened with corrosive resistant wire mesh with mesh VI inch maximum.
C. Roofs and gutters shall be kept clear of debris.
D. Yards shall be kept clear of all litter. slash, and flammable debris.
E. All flammable materials and firewood/wood piles shall be stored on a parallel contour a minimum
of 15 feet away from any structure.
F. Swimming pools or ponds shall be accessible to Fire Department vehicles.
G. Fences shall be kept clear of brush and debris.
H. Wood fences shall not connect to the structure.
I. Fuel tanks shall be installed underground with an approved container.
\
J. Propane tanks shall be installed according to 'V TPA 48 standards and on a contour away from :he
structure with standard defensible space vegetation mitigation around any above-ground tank. A •..
wood enclosure around the tank shall be constructed with materials approved for 2 hour fire-
resistive construction on the exterior side of the wails.
K. Each structure shall have a minimum of one 10 pound approved ABC fire extinguisher placed in
visible and accessible location.
L. Addresses shall be clearly marked with 2 inch non-combustible letters and shall be visible and
installed on a non-combustible post.
M. New utility lines shall be buried within the driveway.
6. No development, including grading, excavation. ;iii placement, berming, landscaping, vegetation
removal or disturbance or septic system shall occur outside of the approved building/development
envelope, with the exception of required wildfire mitigation and the consistent uses allowed per the
• conservation easement as outlined on pages ;; and u „t the recorded easement (Reception No. 411)5(.4i I
All structures must he located within the dc:.i_•nate.i building envelopes, including hay barns.
7. Prior to commencement of any carthmo•. ine ,I ,,:n Ir action activity, the Applicant shall stake :h;:
corners of the building and other envelope, ::nr :11'.■:1II construction fencing around the pertrnctc;
the envelopes. The fencing shall remain ;r. ;d.:, ::,I is duration of the construction.
8. The Applicant shall comply with all code .:m' .
A sprinkler system shall he installed in :,ii "I IIIC Basalt Rural Fire Protection
:. •..;: mite'. it required by the District.
9. All areas disturbed by construction .hai
completion, "nc ,"I' rI mwinl' .canon ■,I the lu , .
Page Hearing Officer De(crmI,IaIW,I No. ' -2(JIIG I 111111 VIII IIII I IIII iminunillo 5 q 9605 e
Page 01;1 006 03
JANICE K VOS CAUDILL PITKIN COUNTY CO R 0.00
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ID. The caretaker dwelling unit on Lit I (Wheatley Schoolhouse) shall he limited to 1,000 net livable
square feet and the kitchen shall contain a minimum of a two burner stove with oven, standard sink, and
at least a 6 cubic foot refrigerator plus freezer. A minimum of one off-street parking space shall be
provided for the unit.
11. Prior to submission of any building permits for the caretaker unit, the Applicant shall obtain and the •
Housing Office shall record a caretaker dwelling unit deed restriction. Actual floor plans of the unit
shall be submitted to the Housing Office with the deed restriction.
12. Prior to issuance of a Certificate of Occupancy for the caretaker dwelling unit, the Housing Office shall
inspect the unit.
13. Prior to the issuance of a Certificate of Occupancy, the Applicant shall construct a minimum 5,000
gallon water storage tank (or other approved storage mechanism) within 100 feet of the principal
residences, and they shall be accessible through the use of a hydrant meeting the policies of the
Basalt and Rural Fire Protection District (B&RFPD). All structures shall be sprinkled.
14. The driveway access to the building envelope shall be a minimum width of 16 feet with an all
weather surface capable of handling the imposed loads of a 60,000 lb. fire apparatus.
. 15. The exterior of the residence shall be finished in the natural earth tones of the immediate vicinity. as
represented in the application. Roof and siding materials shall be non-reflective. Color and material
samples shall be provided to Community Development for approval prior to issuance of building
permits.
16. Lot 1 shall be granted the right to utilize a TDR to go to a maximum of 8,250 square feet, excluding
the existing historic structures, as defined by the Code at the time, per this approval, and with no
further review. If the Applicant requests to exceed the 8,250 sq. ft. limit on Lot 1, then the Applicant
shall be required to utilize an additional TDR or additional TDRs and to submit a Site Plan Review
pursuant to Sections 2-30-20.g.2 (Site Plan), 7-10-50 (Site Plan), 7-20-20.e(Grading), 7-20-30 (Water
Courses and Drainage), 7-20-120(d & e) (Standards for Scenic View Protection Areas), 7-20-130
(Landscaping and Vegetation Protection) of the new Code adopted on July 5, 2006. Notwithstanding
the language in 7-20-30, the requirements of 7-20-10 and 7-20-80 and Table 5.1, as it relates to
stream set backs, shall not apply to this review. As part of the Review, the Applicant shall submit a
landscaping plan and architectural renderings. Under no circumstances shall the floor area on the Lot
exceed 13,250 square feet, not including exempt barns, but including existing historic structures.
17. The new residence on Lot 2 may he constructed to 5,750 square feet. not including exempt barns or
the existing historic structures. Lot 2 shall he granted the right to utilize a TDR to go to a maximum
of 8,250 square feet. including the existing historic structures, as defined by the Code at the time, per
this approval, and with no further review. if the Applicant requests to exclude the historic structures
from the previous limitation or to exceed the 8,250 sq. ft. limit on Lot 2, then the Applicant shall be
required to utilize an additional TDR and to submit a Site Plan Review pursuant to Sections 2-30-
2 0.g.22 (Site Plan), 7-10-50 (Site Plan), 7-20-20.c (Grading), 7-20-30 (Water Courses and Drainage), 7-
20-120(d & e) (Standard; for Scenic View hrotcciiou Areas), 7-20-130 (Landscaping and Vegetation
Protection) of the new Code adopted on July . 2006. Notwithstanding the language in 7-20-30, the
Dearing Officer Determination Nu /A 2004 U1Pff1111Jj11111111111h11111h1/flfjI/!I!IIf/,,/
/'af,e S OUNT Co 0.0 IL PITK IN COUNTY CO R 0.00 10/07/20Nn 0�._i
requirements of 7-20-40 and 7-20-80 and Table ';.I, a, it relater; to stream setbacks, shall not apply to y m
this review. As part of the Review, the Applicant shall submit a landscaping plan and architectural
renderings. Under no circumstances shall the floor area on the Lot exceed 10,750 square feet, not
including exempt barns and historic structures.
18. At time of building permit submittal for either Lot. Applicant shall submit to Community
Development executed, irrevocable certificates of TDRs and a recorded deed evidencing the sale or
transfer of the certificates to the Lot owner.
19. Prior to the submission of a building permit the Applicant shall record a covenant in a form acceptable
to the County Attorney in which the Applicant agrees to maintain the historic structures and limits
future expansion of the historic structures.
20. Prior to the issuance of a building permit, the Historic Preservation Officer of Pitkin County shall
review the location of the new structures as they relate to the Historic buildings.
21. Prior to the submittal of a building permit. the Applicant shall amend the Conservation Easement
through the appropriate Board approvals to reflect the amended building envelope for Lot 2.
22. Failure to comply with these conditions of approval may result in revocation of this permit or any
subsequent permits related to this property or vested rights associated with this property.
23. The Applicant shall adhere to all material representations made in the application and shall consider
those representations to be conditions of approval, unless amended by other conditions.
24. Statutory vested rights for the approval contained herein are granted pursuant to the Firkin County
Land Use Code and Colorado Statutes, subject to the exceptions set forth in Pitkin County Land Use
Code, § 4-140 and C.R.S., § 24-68-105. The statutory vested rights granted herein shall expire on
September 29, 2009.
Hearing Officer Determination No.`t2-2006
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•
II II II 1111 1111 II 1111 II a996m60351
JRNICE K VOS CRUDILL PITXIN COUNTY CO R 0.00 0 0.00
NOTICE OF PUBLIC HEARING PUBLISHED IN THE ASPEN TIMES WEEKLY on the
23rd day of July, 2006.
APPROVED AND ADOPTED this 19ih day of September, 2006.
PUBLISHED AFTER ADOPTION FOR VESTED REAL PROPERTY RIGHTS in the
As en Times Weekly on the J5 day of('T , 2006
COMMUNITY DEVELOPMENT •
DEPARTMENT HEARING OFFICER
OF PITKIN COUNTY, COLORADO
ATTEST:
HEARING OFFICER OF PITKIN
CO , COLORADO
:onnie Waech[ler.
•Administrative Assistant R. True,
Hearing
Officer
Date: q D (o
APPROVED AS TO FORM APPROVED AS TO CONTENT:
John Elt. A. �, .r C •
ourux \ti Cindy Houben,
Community Development Director
Case 8P(N7-06
PIDIt 246726'0(1001
(1-
mom aim unu III 1 111111111111111 III 11111 1111 11 11 ""� "� f° - -&;
JRHiCL K VOi MOIL/ MAIN COUNTY CO R 0.00 ]0/09/200G 0J;S1
0.00 Our Order No:
Q387183
LEGAL DESCRIPTION
PARCEL I:
TRACT 73 (ALSO KNOWN AS DESCRIBED AS LOTS : AND 6). LOTS 14, 15, 16, SECTION
26, AND TRACT 73 (ALSO DESCRIBED AS LOT 0) AND LOTS 15 AND 16, SECTION 27,
TOWNSHIP 8 SOUTH, RANGE 86 WEST OF THE SIXTH PRINCIPAL MERIDIAN, TOGETHER WITH
ALL DITCHES, DITCH AND WATER RIGHTS APPURTENANT THERETO.
EXCEPTING THAT CERTAIN TRACT OF LAND LOCATED IN SECTION 26. BEING A PART OF
TRACT 73, IN TOWNSHIP 8 SOUTH. RANGE 86 WEST OF THE SIXTH PRINGIPAL MERIDIAN,
BEING MORE FULLY DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT WHENCE CORNER 4 OF TRACT 72. TOWNSHIP 8 SOUTH, RANGE 86
WEST (WHICH IS A BRASS CAP MARKED TR73: AP4 TR72: S26: 1928) BE.ARS SOUTH 76
DEGREES 36'30 EAST 1554.97 FEET;
THENCE SOUTH 89 DEGREES 44' WEST 207.15 FEET:
THENCE NORTH 6 DEGREES 10' EAST 129.00 FEET TO THE SOUTH RIGHT-OF-
ROAD; WAY LINE OF A
THENCE SOUTH 87 DEGREES 27' EAST 190.15 FEET ,•
LINE;
EE. ALONG SAID RIGHT-OF-WAY
THENCE SOUTH I DEGREES 36' EAST 118.86 FEET TO THE POINT OF
BEGINNING.
EXCEPTING HEREFROM ALL EASEMENTS AND RIGHTS OF WAY OF RECORD AND THE TRACT OF
LAND ENCLOSED AND USED FOR CEMETERY PURPOSES KNOWN AS THE "WHEATLEY
TOGETHER WITH A STRIP OF LAND TEN FEET WIDE ON THE NORTH SIDE AND A STRIP OF CEMETERY:"
LAND TEN FEET WIDE ON THE SOUTH SIDE OF THE FENCES ENCLOSING SAID CEMETERY,
BEING A TRACT OF LAND APPROXIMATELY 50 FEET BY 35 FEET. AND A PRIVATE
RIGHT-OF-WAY 15 FEET IN WIDTH TO AND FROM SAID CEMETERY EXTENDING FROM THE
SOUTH SIDE OF SAID CEMETERY TO THE COUNTY ROAD.
EXCEPTING A RIGHT-OF-WAY AS MAY BE NECESSARY TO DRIVE CATTLE FROM THE COUNTY
ROAD NORTHERLY ALONG THE COURSE OF WHEATLEY GULCH TO THE U.S. FOREST LAND LYING
NORTHERLY OF SAID DESCRIBED PROPERTY. PROVIDING. HOWEVER. THE USE OF THIS
EASEMENT SHALL BE LIMITED TO THE DRIVING OF RANGE CATTLE ONTO SAID FOREST LAND.
AND TO USES INCIDENTAL THERETO. AND PERTAINING TO THE CARE OF SAID CATTLE
DURING THE TIME THEY MAY BE PASTURED ON SAID RANGE.
EXCEPTING THE MINERAL INTERESTS RESERVED BY FIER.MAN ARBANEY, ALEF.
AND LAURENT ARBANEY, JR., IN THAT CERTAIN DEED OF CONVEYANCE SAID D ABOVE
DESCRIBED PROPERTY DATED DECEMBER 12. 1959 EYANCE OF SAID ABOVE
AND
A PARCEL OF LAND SITUATED IN TRACT NO. 72 DF ;ECTION 26. TOWNSHIP 8 SOUTH.
RANGE 86 WEST OF THE SIXTH PRINCIPAL MERIDI;,^: LYING SOUTHERLY AND EASTERLY OF
THE TRACT LINE AND NORTHERLY OF THE CENTER ROARING FORK RIVER, SAID
PARCEL OF LAND IS DESCRIBED AS FOLLOW:;
BEGINNING AT AN IRON POST WITH A BRA:: r,A.,P I ,,i.::1) IN PLACE AND PROPERLY MARKED
FOR ANGLE POINT NO. 3 OF SAID TRACT NC 7: ,\I../ 1..1,;u; ANGLE POINT NO 4 OF
TRACT NO. 73 IN SAID SECTION 26:
flll� I g � 6 . ; :eIN IIII:INiel 1111 � 7161
IANICS K VOA CAADILL PITEIN COUNTY CO R 0.00 0 0,00 Our Order No: Q387133
LEGAL DESCRIPTION
THENCE SOUTH 210.00 FEET TO A POINT IN THE CENTER OF SAID RIVER;
THENCE NORTH 44 DEGREES 00'00' WEST 70.18 FEET ALONG THE CENTER OF SAID
RIVER;
THENCE NORTH 73 DEGREES 12'00' WEST 141.98 FEET ALONG THE CENTER OF SAID RIVER
TO A POINT ON SAID TRACT LINE;
THENCE NORTH ALONG SAID TRACT LINE, 120.00 FEET TO ANGLE POINT 4 OF SAID TRACT
72;
THENCE SOUTH 89 DEGREES 31'44' EAST 184.68 FEET ALONG SAID TRACT LINE TO ANGLE
POINT NO. 3 OF SAID TRACT NO. 72, THE POINT OF BEGINNING.
COUNTY OF PITKIN, STATE OF COLORADO.
PARCEL 2:
A TRACT OF LAND LOCATED IN SECTION 26, AND DEIGN A PART OF TRACT 73. IN
TOWNSHIP 8 SOUTH. RANGE 86 WEST OF THE SIXTH PRINCIPAL MERIDIAN, BEING MORE
FULLY DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT WHENCE CORNER 4 OF TRACT 72.TOWNSHIP 8 SOUTH, RANGE 86
WEST (WHICH IS A BRASS CAP MARKED 'IR73:AP4 TR72; 526; 1928) BEARS SOUTH 76
DEGREES 36'30' EAST 1554.97 FEET;
THENCE SOUTH 89 DEGREES 44' WEST 207. 15 FEET;
THENCE NORTH 6 DEGREES 10' EAST 129.00 FEET TO THE.SOUTH RIGHT-OF-WAY LINE OF A
ROAD; -
THENCE SOUTH 87 DEGREES 27' EAST 190.15 FEET ALONG SAID RIGHT-OF-WAY
LINE;
THENCE SOUTH 1 DEGREES 36' EAST 118.86 FEET TO THE POINT OF BEGINNING.
COUNTY OF PITKIN, STATE OF COLORADO.
EXCEPTING FROM PARCELS 1 AND 2 THE PROPERTY DESCRIBED IN INSTRUMENTS:
RECORDED MAY 19, 1997 UNDER RECEPTION NO. 404569
RECORDED MAY 20, 1999 UNDER RECEPTION NO. 431355
RECORDED JANUARY 12, 2001 UNDER RECEPTION NO. 450525.
lullII.II�IIIlil. IIIIIllIIIIIII. II1IIIIIII
537126
:6 02:45
JANICE K VOl CAUDILL PITKIN COUNTY CO R 0.00 D 0.00
CORTUNITY DEYIELCPlTcN1
arTN aONNIC 537128
-TA(:;HMENT 5
\\\. The Secretary o the Interior's
Stanch
, cis for
eha eilltation
a Cu 'delines for
Re ` ab • itating Historic Buildings
/ U S. Department of (Ili Interior
Natlnnal Park Sen'icc
I tentage Preservation Sc ices
SVashinSton, D C.
rzt
e• .
TIIE SECRETARY OF TI IE INTERIOR'S STANDARDS OR REIIADILITATION
The roll.•..ing Standards are to be applird to specific rehabilitation projects In a reasonable men-ner,taking Into consideration economic and technical
feasibility
III A rrorrrty shalt he used for Its historic purpose a be placed In a new use that r uures minimal change In the defining characteristics of the
building and its site and environment.
121 The historic character of a property shall he retained an reserved.The rfmaval of historic materials or alteration of features and spaces Ihal
characterize a property shall he avoided.
Di rarh property shall be recognized as a physical record of its 1 e,Oa�nd use.Changes that create a false sense of historical development,surf
as adding conjectural features or architectural elements from oche tidings,shall not be undertaken.
:�:?dn..;properties change over time;those changes that have at it historic significance In their own right shall be retained and preserved.
15t Distinctive features, finishes,and construction Iechnlque',rtr exam es of craftsmanship that characterize a historic property shall be preserved.
Ibr f'eteriprafrd historic features shall be repaired rather t an replaced. • here the severity of deterioration requires replacement of a
feature. the new Feature shall match the old in design,col r,testate,and q f distinctive
Missing features shall he substantiated by documents h liter visual qualities and,where possible,materials.Replacement of
y 7 P .steal,or tat evidence.
rl Chemical or r1' shat treatments,such as santiblasing,that
struc-
tures. if arrrorriate, shall he undertaken using the evillest cause rlamag to holnnc materials shall not be used.The surface cleaning of slnro
151 Significant archeological resources affected h
' ores shall he undertaken. ) Project shall he protected rid preserved.If such resnurca must be disturbed,mitigation meat-
lot New additions. exterior alterations,or related new construction shall not des coy Idsloric materials that characterize the property.The new work
shall he differentiated from the old and shall he compatible with the massing,s e,scale,and architectural features to protect the historic integrity of
the rroperty and its environment.
um New additions and adjarent or related net.,construction shall he undertaken such a manner that if removed In the future,the essential form
and integrity of the historic property and its environment would be unimpaired.
n
•
•
•
•
/6
r--r_i_c_km-,^ r ;
Int IIIIIIIIIIIIIIIIIIII 111111 5;z'2 06 02:40
JRNICE K VOS CRUDILL PITKIN COUNTY CO R 0.00 D 0.00
DETERMINATION OF THE HEARING OFFICER OF THE COMMUNITY DEVELOPMENT
DEPARTMENT OF PITKIN COUNTY,COLORADO,AMENDING DETERMINATION NO.42-
2006,THE DART FAMILY PARTNERSHIP 1041 HAZARD REVIEW,SPECIAL REVIEW AND
GMQS EXEMPTION FOR ADDITIONAL FLOOR AREA AM)A CDU,GMQS EXEMPTION
FOR A REPLACEMENT UNIT AND A HISTORIC INCENTIVE FOR AN ADDITIONAL
DWELLING UNIT
Determination No.La-2007
RECITALS
—>4
cU 1. Dart Family Partnership("Applicant")has applied to the Pitkin County Hearing Officer("Hearing
Officer")to amend Hearing Officer Determination No.42-2006.
�S 2. The parcel is located at 0964 Lower River Road,and is more specifically described in Exhibit A.
VI
0 3. The parcel contains approximately 282 acre:.and is a conforming size parcel in the AFR-10 zone
—h district.
4. The Hearing Officer considered this application at a duly noticed public hearing on August 29,2006,at
`, which time evidence and testimony were presented with respect to this application. The application was
0 then continued to September 6,2006 for a site visit and further discussion. The application was
C) continued again to September 19,2006.
cv
L5. The parcel received Hearing Officer approval pursuant to Determination No. 42-2006. The
Applicant then timely appealed the determination to the BOCC. At its regular meeting of January 10,
2007,the BOCC made a finding"that the Hearing Officer abused his discretion in making a decision
inconsistent with the Code...in the way he allocated the square footage and allocated TDRs with
regard to that square footage." The BOCC motioned to send the application back to the Hearing
Officer, "WITH THE DIRECTION that he(Hearing Officer)needs to consider on EACH parcel
protection of the historic structures, maintenance of the historic structures and additional unit of
5,750 plus the use of one TDR to go to a maximum of 8,250 on EACH lot, subject to staff's review
of site planning because of the sensitive nature of the site."
NOW THEREFORE BE IT RESOLVED by the Hearing Officer that it does hereby amend
Hearing Officer Determination No.42-2006, the Dart Family Partnership 1041 Hazard Review,Special
Review&GMOS Exemption for Incentives for Preservation of Historic Structures,Development Utilizing
TDRs for Additional Floor Area&a CDU,and a GMQS Exemption for a Replacement Unit,as follows:
1. The Applicant shall adhere to all material representations made in the application and shall consider
those representations to be conditions of approval, unless amended by other conditions.
2. The Applicant shall comply with the provisions of the Hearing Officer Determination No.42-2006
unless otherwise replaced or amended by the conditions of this approval.
3. Condition Number 16 shall be amended to read: "Lot 1 shall be granted the right to utilize a TDR to
go to a maximum of 8,250 square feet as defined by the Code at the time. However, in order to
utilize a TDR on Lot I,applicant shall be required to submit for review and approval a Site Plan
Review pursuant to Sections 2-30-20.g.2(Site Plan),7-10-50(Site Plan), 7-20-20.e(Grading),7-20-30
1111 I II B IIIIIIIIIIIIIIIIIIVIII 11111 III 04gt67,2007 03:18
JRNICE K VOS CRUDILL PITKIN COUNTY CO R 0.00 0 0.00 it
I
IIIILIIQif//L/J$MkIiJ/llffiIH/LIIL 537126 02:4�
Hearing Officer Determination No. )O-2007 00 0 0ee
Page 2
(Water Courses and Drainage),7-20-120(d&e)(Standards for Scenic View Protection Areas),7-20-
130(Landscaping and Vegetation Protection)of the new Code adopted on July 5,2006.
Notwithstanding the language in 7-20-30, the requirements of 7-20-40 and 7-20-80 and Table 5.1,as
it relates to stream set backs,shall not apply to this review. As part of the Review,the Applicant
shall submit a landscaping plan and architectural renderings.The calculation of floor area shall not
include the historic structures."
4. Condition Number 17 shall be amended to read:"Lot 2 shall be granted the right to utilize a TDR to
go to a maximum of 8,250 square feet as defined by the Code at the time. However, in order to
utilize a TDR on Lot 2,applicant shall be required to submit for review and approval a Site Plan
Review pursuant to Sections 2-30-20.g.2(Site Plan),7-10-50(Site Plan),7-20-20.e(Grading),7-20-30
(Water Courses and Drainage), 7-20-120(d&e)(Standards for Scenic View Protection Areas),7-20-
130(Landscaping and Vegetation Protection)of the new Code adopted on July 5,2006.
Notwithstanding the language in 7-20-30, the requirements of 7-20-40 and 7-20-80 and Table 5.1,as
it relates to stream set backs,shall not apply to this review. As part of the Review, the Applicant
shall submit a landscaping plan and architectural renderings.The calculation of floor area shall not
include the historic structure."
5. 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,§4-140 and C.R.S., § 24-68-105. The statutory vested rights granted herein shall expire on
April 3, 2010.
NOTICE OF PUBLIC HEARING PUBLISHED IN THE ASPEN TIMES WEEKLY on the
18th day of February,2007.
APPROVED AND ADOPTED this 3r°day of April,2007.
PUBLISHED AFTER ADOPTION FOIL VESTED REAL PROPERTY RIGHTS in the
Aspen Times Weekly on the2a day of ,(J,I,+"-r',2007.
COMMUNITY DEVELOPMENT
DEPARTMENT HEARING OFFICER
OF PITKIN COUNTY,COLORADO
ATTEST: HEARING OFFICER OF PITKIN
COU ,COLORADO
Bonnie Waechtler, .ames R. True,
Administrative Assistant Hearing Officer
Date: H/3/0
Case#P087-06
PID#246726200002
1 II 11 536716
\\W\\I1III IIIIII�'lII IIIIIIIIII II�I�IIII�IIII II II,II004/17/2007 0 3:18
JANICE
/
11111 II III II I I IIII II II II II 10/09/2006 03:51
JRNICE K VO5 CPUDILL PITKIN COUNTY CO R 0.00 D 0.00 Our Order No: Q387183
LEGAL DESCRIPTION
PARCEL 1:
TRACT 73 (ALSO KNOWN AS DESCRIBED AS LOTS 5 AND 6), LOTS 14, 15, 16, SECTION
26, AND TRACT 73 (ALSO DESCRIBED AS LOT 6) AND LOTS 15 AND 16, SECTION 27,
• TOWNSHIP 8 SOUTH, RANGE 86 WEST OF THE SIXTH PRINCIPAL MERIDIAN, TOGETHER WITH
ALL DITCHES, DITCH AND WATER RIGHTS APPURTENANT THERETO.
EXCEPTING THAT CERTAIN TRACT OF LAND LOCATED IN SECTION 26. BEING A PART OF
TRACT 73. IN TOWNSHIP 8 SOUTH, RANGE 86 WEST OF THE SIXTH PRINCIPAL MERIDIAN,
BEING MORE FULLY DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT WHENCE CORNER 4 OF TRACT 72, TOWNSHIP 8 SOUTH, RANGE 86
WEST(WHICH IS A BRASS CAP MARKED TR73; AP4 TR72; S26; 1928)BEARS SOUTH 76
DEGREES 36'30 EAST 1554.97 FEET;
THENCE SOUTH 89 DEGREES 44' WEST 207.15 FEET;
THENCE NORTH 6 DEGREES 10' EAST 129.00 FEET TO THE SOUTH RIGHT-OF-WAY LINE OF A
ROAD;
THENCE SOUTH 87 DEGREES 27' EAST 190.15 FEET ALONG SAID RIGHT-OF-WAY
LINE;
THENCE SOUTH 1 DEGREES 36' EAST 118.86 FEET TO THE POINT OF
BEGINNING.
EXCEPTING HEREFROM ALL EASEMENTS AND RIGHTS OF WAY OF RECORD AND THE TRACT OF
LAND ENCLOSED AND USED FOR CEMETERY PURPOSES KNOWN AS THE "WHEATLEY CEMETERY,"
TOGETHER WITH A STRIP OF LAND TEN FEET WIDE ON THE NORTH SIDE AND A STRIP OF
LAND TEN FEET WIDE ON THE SOUTH SIDE OF THE FENCES ENCLOSING SAID CEMETERY,
BEING A TRACT OF LAND APPROXIMATELY 50 FEET BY 35 FEET, AND A PRIVATE
RIGHT-OF-WAY 15 FEET IN WIDTH TO AND FROM SAID CEMETERY EXTENDING FROM THE
SOUTH SIDE OF SAID CEMETERY TO THE COUNTY ROAD.
EXCEPTING A RIGHT-OF-WAY AS MAY BE NECESSARY TO DRIVE CATTLE FROM THE COUNTY
ROAD NORTHERLY ALONG THE COURSE OF WHEATLEY GULCH TO THE U.S. FOREST LAND LYING
• NORTHERLY OF SAID DESCRIBED PROPERTY. PROVIDING, HOWEVER, THE USE OF THIS
EASEMENT SHALL BE LIMITED TO THE DRIVING OF RANGE CATTLE ONTO SAID FOREST LAND,
AND TO USES INCIDENTAL THERETO, AND PERTAINING TO THE CARE OF SAID CATTLE
DURING THE TIME THEY MAY BE PASTURED ON SAID RANGE.
EXCEPTING THE MINERAL INTERESTS RESERVED BY FIERMAN ARBANEY, ALEX F. ARBANEY,
AND LAURENT ARBANEY, JR., IN THAT CERTAIN DEED OF CONVEYANCE OF SAID ABOVE
DESCRIBED PROPERTY DATED DECEMBER 12, 1959.
AND
A PARCEL OF LAND SITUATED IN TRACT NO. 72 OF SECTION 26, TOWNSHIP 8 SOUTH,
• RANGE 86 WEST OF THE SIXTH PRINCIPAL MERIDIAN, LYING SOUTHERLY AND EASTERLY OF
THE TRACT LINE AND NORTHERLY OF THE CENTER OF THE ROARING FORK RIVER, SAID
PARCEL OF LAND IS DESCRIBED AS FOLLOWS:
BEGINNING AT AN IRON POST WITH A BRASS CAP FOUND IN PLACE AND PROPERLY MARKED
'FOR ANGLE POINT NO. 3 OF SAID TRACT NO. 72 ALSO BEING ANGLE POINT NO. 4 OF
TRACT NO. 73 IN SAID SECTION 26;
LUII1tt1t11iJLfI/J/ JjfJlluIJLIiJjI11IIIIII 537z6z R 0,00 D 0.00 /;
III II II III RN II III I II 0/ 8/ 05 03:51
JANICE K VOS CAUDILL PITKIN COUNTY CO R 0.00 D 0.00 Our Order No: Q387I83
LEGAL DESCRIPTION
THENCE SOUTH 210.00 FEET TO A POINT IN THE CENTER OF SAID RIVER;
• THENCE NORTH 44 DEGREES 00'00" WEST 70.18 FEET ALONG THE CENTER OF SAID
RIVER;
THENCE NORTH 73 DEGREES 12'00" WEST 141.98 FEET ALONG THE CENTER OF SAID RIVER
TO A POINT ON SAID TRACT LINE;
THENCE NORTH ALONG SAID TRACT LINE, 120.00 FEET TO ANGLE POINT 4 OF SAID TRACT
72;
THENCE SOUTH 89 DEGREES 31'44" EAST 184.68 FEET ALONG SAID TRACT LINE TO ANGLE
POINT NO. 3 OF SAID TRACT NO. 72, THE POINT OF BEGINNING.
COUNTY OF PITKIN, STATE OF COLORADO.
PARCEL 2:
A TRACT OF LAND LOCATED IN SECTION 26, AND BEIGN A PART OF TRACT 73. IN
TOWNSHIP 8 SOUTH. RANGE 86 WEST OF THE SIXTH PRINCIPAL MERIDIAN, BEING MORE
FULLY DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT WHENCE CORNER 4 OF TRACT 72. TOWNSHIP 8 SOUTH, RANGE 86
WEST(WHICH IS A BRASS CAP MARKED TR73; AP4 TR72; S26; 1928) BEARS SOUTH 76
DEGREES 36'30" EAST 1554.97 FEET;
THENCE SOUTH 89 DEGREES 44' WEST 207. 15 FEET;
. THENCE NORTH 6 DEGREES 10' EAST 129.00 FEET TO THE SOUTH RIGHT-OF-WAY LINE OF A
ROAD; - -
THENCE SOUTH 87 DEGREES 27' EAST 190.15 FEET ALONG SAID RIGHT-OF-WAY
LINE;
THENCE SOUTH I DEGREES 36' EAST 118.86 FEET TO THE POINT OF BEGINNING.
COUNTY OF PITKIN, STATE OF COLORADO.
EXCEPTING FROM PARCELS 1 AND 2 THE PROPERTY DESCRIBED IN INSTRUMENTS:
RECORDED MAY 19,1997 UNDER RECEPTION NO. 404569
RECORDED MAY 20, 1999 UNDER RECEPTION NO. 431355
RECORDED JANUARY 12, 2001 UNDER RECEPTION NO. 450525.
� II
111 III MI III IIIIIIIIII{IIIIIIII II Page:'20 7 02:40
JANICE K VOS CAUDILL PITKIN COUNTY CO R 0.00 D 0.00
Attachment et) H
RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY,
COLORADO,APPROVING AN EXTENSION OF VESTED REAL PROPERTY RIGHTS FOR
THE DART FAMILY rPARTNERSHIP
Resolution No.O r PA -2007
RECITALS
I. Dart Family Partnership("Applicant")has applied to the Board of County Commissioners of Pitkin
County, Colorado("BOCC")to request a 20 year vested right associated with the recently granted
1041 Hazard Review, Special Review and GMQS Exemption for Incentives for Preservation of
Historic Structures, Development Utilizing TDRs for Additional Floor Area and CDU approvals.
2. The parcel is located at 0964 Lower River Road,and is more specifically described in Exhibit A.
•
3. The parcel contains approximately 282 acres,and is conforming in the AR-10 zone district.
4. The parcel received Hearing Officer approval pursuant to Determination No. 42-2006. The
Applicant the appealed Condition Nos. 16 and 17 to the BOCC on January 10, 2007, at which
• time the BOCC made a finding `that Hearing Officer abused his discretion in making a decision
inconsistent with the Code...in the way he allocated the square footage and allocated TDRs with
regard to that square footage." The BOCC moved to send the application back to the Hearing
Officer, "WITH THE DIRECTION that he(Hearing Officer) needs to consider on EACH parcel
protection of the historic structures, maintenance of the historic structures and additional unit of
5,750 square feet plus the use of one TDR to go to a maximum of 8,250 square feet on EACH
lot, subject to Staff's review of site planning because of the sensitive nature of the site." The
Hearing Officer subsequently approved an amendment to Determination No.42-2006, pursuant
to Determination No. 10-2007.
5. The BOCC heard this request for vesting extension on October 24,2007,at which time evidence
and testimony were presented with respect to this application.
6. The BOCC finds that the Applicant has offered significant additional benefits to the County in the
form of the 1997 conservation easement, with which justifies an extended vested right.
NOW THEREFORE BE IT RESOLVED by the Pitkin County Board of County Commissioners
that it does hereby grant a 20 year vested right for the Dart Family Partnership,subject to the following
conditions,which shall run with the land and be binding on all successors in interest:
I. The Applicant shall adhere to all material representations made in public hearings and in the
application.
2. This vested right is granted in association with the 1041 Hazard Review, Special Review&GMQS
Exemption for Incentives for Preservation of Historic Structures, Development Utilizing TDRs for
Additional Floor Area&CDU approval pursuant to Hearing Officer Determination Nos.42-2006
and 10-2007.
REN#: 543858, 11/05/2007 at
13:19 PM,
t 03:of CEPTIO 4, R $0.00 Doc Code RESOLUTION
Janice K. Vos Caudill, Pitkin County, CO
"I
Resolution Note-2007
Page 2
A. Within 90 days of the date of this approval,the Applicant shall record a Development
Agreement to memorialize the terms of this approval. The form and content of the
Development Agreement shall be approved by the County Attorney.
3. Prior to recordation of the 1041 Hazard Review site plan, the 1997 conservation easement shall be
amended to conform with the floor area restrictions set forth in the Hearing Officer Determinations,
and provide flexibility for the Applicant to transfer the floor area between the two parcels, as well
as make the building envelope adjustment and improve the exhibits, per an ordinance to be adopted
by the BOCC. Further review by the County to amend the Determinations will be required to allow
for any floor area transfers between the parcels.
4. Housing, road and other applicable impact fees shall be calculated at time of building permit.
5. 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 October 24, 2027.
APPROVED ON iE 24"' DAY OF OCTOBER,2007.
AllT ST: BOARD OF COUNTY • MISSIONERS
• 0 PITKIN COUNTY, C4 ORADO
4.
I A 9
J nette Jones / ichael Owsley,
•puty County Cle • Chair //1�
Date: (V/t//O7
APPROVED AS TO FORM: APPROVED AS TO CONTENT:
c >
John Ely,
nd 'Houben,
Counp ey Community Development Director
246726200002
Oteyer OS9- 20o7
�� uWi 1111 •r_.n!!�iiiillll���� a
II�I�IIII I.I I�l1:ii�— . 03:31
JAN • OS CPUDILL PIMIN COUNTY CO R 0.00 0.00 Our Order No: Q387183
LEGAL DESCRIPTION
PARCEL I:
• TRACT 73 (ALSO KNOWN AS DESCRIBED AS LOTS 5 AND 6),LOTS 14, 15, 16, SECTION
26,AND TRACT 73 (ALSO DESCRIBED AS LOT 6)AND LOTS 15 AND 16, SECTION 27,
TOWNSHIP 8 SOUTH, RANGE 86 WEST OF THE SIXTH PRINCIPAL MERIDIAN, TOGETHER WITH
ALL DITCHES, DITCH AND WATER RIGHTS APPURTENANT THERETO.
EXCEPTING THAT CERTAIN TRACT OF LAND LOCATED IN SECTION 26. BEING A PART OF
TRACT 73. IN TOWNSHIP 8 SOUTH, RANGE 86 WEST OF THE SIXTH PRINCIPAL MERIDIAN,
BEING MORE FULLY DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT WHENCE CORNER 4 OF TRACT 72, TOWNSHIP 8 SOUTH. RANGE 86
WEST(WHICH IS A BRASS CAP MARKED TR73; AP4 TR72; S26; 1928)BEARS SOUTH 76
DEGREES 36'30 EAST 1554.97 FEET;
THENCE SOUTH 89 DEGREES 44' WEST 207,15 FEET;
THENCE NORTH 6 DEGREES ID' EAST 129.00 FEET TO THE SOUTH RIGHT-OF-WAY LINE OF A
ROAD; •
THENCE SOUTH 87 DEGREES 27' EAST 190.15 FEET ALONG SAID RIGHT-OF-WAY
LINE;
THENCE SOUTH I DEGREES 36' EAST 118.86 FEET TO THE POINT OF
BEGINNING.
EXCEPTING HEREFROM ALL EASEMENTS AND RIGHTS OF WAY OF RECORD AND THE TRACT OF
LAND ENCLOSED AND USED FOR CEMETERY PURPOSES KNOWN AS THE 'WHEATLEY CEMETERY,'
TOGETHER WITH A STRIP OF LAND TEN FEET WIDE ON THE NORTH SIDE AND A STRIP OF
LAND TEN FEET WIDE ON THE SOUTH SIDE OF THE FENCES ENCLOSING SAID CEMETERY,
BEING A TRACT OF LAND APPROXIMATELY 50 FEET BY 35 FEET, AND A PRIVATE
RIGHT-OF-WAY 15 FEET IN WIDTH TO AND FROM SAID CEMETERY EXTENDING FROM THE
SOUTH SIDE OF SAID CEMETERY TO THE COUNTY ROAD.
EXCEPTING A RIGHT-OF-WAY AS MAY BE NECESSARY TO DRIVE CATTLE FROM THE COUNTY
ROAD NORTHERLY ALONG THE COURSE OF WHEATLEY GULCH TO THE U.S. FOREST LAND LYING
NORTHERLY OF SAID DESCRIBED PROPERTY. PROVIDING, HOWEVER, THE USE OF THIS
EASEMENT SHALL BE LIMITED TO THE DRIVING OF RANGE CATTLE ONTO SAID FOREST LAND,
AND TO USES INCIDENTAL THERETO, AND PERTAINING TO THE CARE OF SAID CATTLE
•
DURING THE TIME THEY MAY BE PASTURED ON SAID RANGE.
EXCEPTING THE MINERAL INTERESTS RESERVED BY FIERMAN ARBANEY, ALEX F. ARBANEY,
AND LAURENT ARBANEY,JR., IN THAT CERTAIN DEED OF CONVEYANCE OF SAID ABOVE
DESCRIBED PROPERTY DA7mP DECEMBER 12, 1959. -
AND
A PARCEL OF LAND SITUATED IN TRACT NO. 72 OF SECTION 26, TOWNSHIP 8 SOUTH,
RANGE 86 WEST OF THE SIXTH PRINCIPAL MERIDIAN, LYING SOUTHERLY AND EASTERLY OF
THE TRACT LINE AND NORTHERLY OF THE CENTER OF THE ROARING FORK RIVER, SAID
PARCEL OF LAND IS DESCRIBED AS FOLLOWS:
BEGINNING AT AN IRON POST WITH A BRASS CAP FOUND IN PLACE AND PROPERLY MARKED
FOR ANGLE POINT NO. 3 OF SAID TRACT NO. 72 ALSO BEING ANGLE POINT NO. 4 OF
TRACT NO. 73 IN SAID SECTION 26;
���1111"111 jail.'!". 1 1 IIIIII7—
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JaNICE R VOS CPUOILL PITKIN COUNTY CO R 0. `07 02:40—
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11111111111111111111111111111111111111� r
00 10/09/2008/ 003:51 Our Order No: Q387183
LEGAL DESCRIPTION
THENCE SOUTH 219.00 FEET TO A POINT IN THE CENTER OF SAID RIVER;
THENCE NORTH 44 DEGREES D0'00" WEST 70.18 FEET ALONG THE CENTER OF SAID
RIVER; •
THENCE NORTH 73 DEGREES 12'00" WEST 141.98 FEET ALONG THE CENTER OF SAIL) RIVER
TO A POINT ON SAID TRACT LINE;
THENCE NORTH ALONG SAID TRACT LINE, 120.00 FEET TO ANGLE POINT 4 OF SAID TRACT
72;
THENCE SOUTH 89 DEGREES 31'44"EAST 184.68 FEET ALONG SAID TRACT LINE TO ANGLE
POINT NO. 3 OF SAID TRACT NO. 72, THE POINT OF BEGINNING.
COUNTY OF PITKIN, STATE OF COLORADO.
PARCEL 2:
A TRACT OF LAND LOCATED W SECTION 26, AND BEIGN A PART OF TRACT 73. IN
TOWNSHIP 8 SOUTH. RANGE 86 WEST OF THE SIXTH PRINCIPAL MERIDIAN. BEING MORE
FULLY DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT WHENCE CORNER 4 OF TRACT 72.TOWNSHIP 8 SOUTH. RANGE 86
WEST(WHICH IS A BRASS CAP MARKED TR73; AP4 TR72; S26; 1928) BEARS SOUTH 76
DEGREES 36'30" EAST 1554.97 FEET;
THENCE SOUTH 89 DEGREES 44' WEST207. 15 FEET;
THENCE NORTH 6 DEGREES 10' EAST 129.00 FEET TO THE SOUTH RIGHT-OF-WAY LINE OF A
ROAD; -
THENCE SOUTH 87 DEGREES 27' EAST 190.15 FEET ALONG SAID RIGHT-OF-WAY
LINE;
THENCE SOUTH 1 DEGREES 36' EAST 118.86 FEET TO THE POINT OF BEGINNING.
COUNTY OF PITKIN. STATE OF COLORADO.
EXCEPTING FROM PARCELS 1 AND 2 THE PROPERTY DESCRIBED IN INSTRUMENTS:
RECORDED MAY 19, 1997 UNDER RECEPTION NO. 404569
RECORDED MAY 20, 1999 UNDER RECEPTION NO. 431355
RECORDED JANUARY 12, 2001 UNDER RECEPTION NO. 450525.
•
III IIIIIII 4{IIIII{IllllI III II IIIilIII4IIII004/z /20 7 02:40
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• 111111111111 59 1111/10117 11111 R E gill fIlDAVIS Ill.191 ATTACHMENT s COUNT
PEED CF CONSERVATI®N EASEMENT
THIS DEED OF CONSERVATION EASEM$ (the "Conservation
Easement") is made and entered into this / day of May, 1997, by
and between the Dart Family Partnership, td. , a Colorado limited
partnership ( "Grantor") , and the Park Trust Ltd. , d/b/a the Aspen
Valley Land Trust ("AVLT") and the Board of County Commissioners of
Pitkin County, Colorado, a. body corporate and politic (the
"County") , as co-grantees (AVLT and the County are hereinafter
collectively referred to as the "Grantee") .
RECITAT,S,
WHEREAS, Grantor is the record owner of certain real property
located in Pitkin County, Colorado, consisting of 292 acres, more
or less, which is more particularly described on Exhibit A attached
hereto and incorporated herein by this reference (the "Dart
Property") ; and
_ WHEREAS, the Dart Property contains critical wildlife habitat,
including elk and deer severe winter range and critical habitat,
excellent quality aquatic habitat and wetland and riparian areas,
and also contains open space, agricultural, scenic, historic and
ecological features and values important to Grantor, Grantee, the
residents of Pitkin County, Colorado, and the people of the State
of Colorado which are worthy of preservation (the "Conservation
Values") ; and
WHEREAS, preservation of these natural features and values
will yield substantial public benefit, and also has significant
ecological, agricultural and open-space values as defined in
Section 38-30 .5-101, et . seq. , Colorado Revised Statutes; and
WHEREAS, preservation of critical wildlife habitat, open space
and agricultural operations conform with Policies 2-120 (Scenic
Quality) , 2-160 (Wildlife Management) , 2-240 (Compatibility with
Agricultural Land's and Operations) and 2-250 (Compatibility with
h'j Historical and Archaeological Resources) of the Pitkin County Land
Use Code; and
-A
J WHEREAS, the portion of the Dart Property, consisting of 280
acres , more or less , that will remain substantially undeveloped
(referred to herein as the "Conservation Area") , which area is
J outside and exclusive of the two building envelopes and related
appurtenances permitted by this Conservation Easement (as more
fully defined below) , will contain approximately 60 acres of
agricultural lands and approximately 220 acres of lands that will
remain in a substantially undisturbed and natural state; and
WHEREAS, the physical condition of the Conservation Area will
1 be documented in an inventory of the Dart Property's Conservation
Values to be prepared as soon as weather and conditions permit
a
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following the conveyance of this Deed, which inventory will be. kept
on file at the offices of the Grantee; and
WHEREAS, Grantor desires and intends to preserve, maintain and
(at Grantor's option) enhance the ecological health, wildlife
habitat, open space character, agricultural operations and scenic
and historic qualities and values within and upon the Dart
Property, and specifically within and upon the Conservation Area,
by encumbering the Dart Property in its entirety with thana
Conservation Easement for the use and benefit of Grantee,Colorado Revised
to the provisions of Section 38-30.5-101, et seq. ,
Statutes, which provides for maintenance of these values by the
continuation of land use'patterns, including, without limitation,
those relating to limited residential uses, farming and passive
recreational uses which do not significantly impair or interfere
with those values; and
WHEREAS, Grantor wishes tn_._recPrve the right to—conetnict,
i •rov- renovate certain residential dwellin• units—and
related improvements within two (2) buildin• e - •pepes—of
approximately six (6) acres each referred toherein—CO —
J as the "Building Enve opes an• in•ivi•ually as Building Envelope 1
or 2, as depicted on the attached map of the Dart Property labeled
Exhibit B and as more fully defined below) , as more particularly
specified and described by the terms of this Conservation Easement;
and
I ' t WHEREAS, Grantee is a "qualified conservation organization" as
jJ defined by the Internal Revenue Code, as amended (the "IRS Code") ,
and is qualified to acquire and hold conservation easements; and
WHEREAS, Grantor, as owner of the Dart Property, intends to
convey to Grantee the right to preserve and protect the
Conservation Values of the Dart Property in perpetuity, and by
• acceptance of this Conservation Easement, Grantee acknowledges its
J commitment to honor the intentions of Grantor as expressed herein
to preserve and protect in perpetuity the Conservation Values of
the Dart Property for the benefit of this and future generations .
CONVEYANCE
NOW, THEREFORE, for and in consideration of the facts recited
above and of the mutual covenants contained herein, and for other
good and valuable consideration, the receipt 'and sufficiency of
which is hereby confessed and acknowledged, Grantor hereby grants
and conveys to Grantee, and its assigns , a perpetual, irrevocable,
f_J conservation easement in gross, pursuant to Section 38-30.5-101, at
paQ Colorado Revised Statutes (the "Conservation Easement" ) ,
( ) over, across and upon the Dart Property as legally described on
Exhibit A, subject to the terms and conditions hereinafter set
forth. Grantee hereby acknowledges, accepts without reservation
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410590 11/13/1997 01:38P EASEMENT DAVIS SILVI TTAC HM E NT
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and agrees to be bound by the terms and conditions of this
Conservation Easement .
1. Consideration for Conservation Easement . In
consideration for the Conservation Easement to be granted by
Grantor to Grantee with respect to the Dart Property, Grantee has
paid Grantor the amount of $1, 400, 000 . 00 upon execution of this
Conservation Easement. Grantor and Grantee acknowledge, however,
that the fair market value of the Conservation Easement being
granted by Grantor to Grantee is $2 ,204, 000 ( "Appraised Value") as
determined by appraisal dated March 14, 1997 (the "Appraisal") ,
prepared by Hunsperger & Weston, Ltd. (a copy of which has been
delivered or will be delivered to Grantee) , and that such Appraised
value accurately reflects the fair market value of the Conservation
1 .1 Easement as of the date of this Conservation Easement. Grantor and
Grantee acknowledge that the difference between the Appraised Value
ni and the consideration paid of $1,400 , 000 represents a bargain sale
' of the Conservation Easement by Grantor to Grantee. It is agreed
Li
that the Appraised Value, as reflected in the Appraisal, is the
best evidence of the fair market value of the Conservation Easement
and Grantee acknowledges receipt of a benefit equal to the
I difference between the Appraised Value and the purchase price
actually paid for the Conservation Easement.
J 2. Purpose. It is the essential purpose of this Conservation
Easement to preserve and protect, in perpetuity, the natural,
ecological, wildlife habitat, scenic, historic, open space,
agricultural and aesthetic features and values of the Dart
Property, and in particular, the Conservation Values within the
Conservation Area. In furtherance of the foregoing objective, this
Conservation Easement is intended to establish permitted uses of
the Conservation Area which are consistent with the purposes of the
Conservation Easement, and to restrict the level of development and
human activity on the Conservation Area in perpetuity as more
j particularly provided herein.
i.�
3 . Grantee's Affirmative Righrs. To accomplish the purposes
of this Conservation Easement, the following affirmative rights are
1 hereby granted to Grantee:
a. To identify, preserve and protect in perpetuity, and
in the event of their degradation or destruction, to compel the
restoration of, the natural, ecological , open space, historic and
scenic features and values of the Conservation Area. In the event
such restoration is required, the standard of such restoration
shall be to restore, to the greatest extent possible, the features
to the same condition in which they existed prior to their material
degradation or destruction.
i � b. To enter upon the Dart Property at reasonable times
� in order to monitor Grantor' s compliance with the terms of this
1 •
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410590 11/13/I997 01:3BP EASEMENT DAVIS SILVI
. 4 of 26 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO
Easement and as may be reasonably necessary to exercise the rights
herein granted and to enforce the terms hereof . Routine
inspections by Grantee shall not occur more frequently than every
three (3) months and Grantee shall provide Grantor at least two (2)
days prior written notice before each routine inspection of the
Dart Property by Grantee or its representatives. If Grantor so
requests, a representative of Grantor shall accompany Grantee
and/or its representatives during any such routine visit or
inspection to the Dart Property, and Grantee agrees to reasonably
cooperate with Grantor to enable a representative of Grantor to be
I present during inspection. Grantee's inspections and other
activities hereunder shall not unreasonably interfere with
Grantor' s use and quiet enjoyment of the Dart Property. The
Grantee shall also have the right of immediate entry to the
;, Conservation Area if, in its reasonable judgment, such entry is
necessary to prevent imminent and irreparable damage to or
( ;( destruction of the Conservation Values protected by this
Conservation Easement. In the case of immediate entry, Grantee
Li shall make good faith efforts to notify Grantor, in advance, of its
entry.
-i
I J' c. To enjoin any activity on, or use of, the Dart
Property which is inconsistent with the terms and provisions of
this Conservation Easement and to enforce and compel the
( 1 restoration of such areas or features of the Conservation Area as '
` 1 may be materially damaged by such activities as more particularly
described in paragraph 21 of this Conservation Easement.
f1
1,: d. To recommend (subject to Grantor' s approval)
restoration measures for the Conservation Area, or measures which
mould enhance the habitat, stream, wetlands or riparian viability
( or other natural features of the Conservation Area and to enter
�J upon the Dart Property with Grantor's permission to perform such
restoration or enhancement measures at its sole expense or the
I i expense of Grantor. Any such restoration br enhancement measures
shall be performed at such times as to not unreasonably interfere
`u with the uses being made of the Dart Property by Grantor.
e.LGrantee To place one (1) new sign upon the Dart Property, at
s sole Grantee's expense, visible to the public, identifying the role
that Grantee plays in conserving the Dart Property, in addition to
such other signs as may be agreed upon by the parties to identify
f 1 and regulate the limited public access created by the terms of this
Ici Conservation Easement. Such signs shall be designed by Grantee and
presented to Grantor for approval of their design, size and
location, which approval shall not be unreasonably withheld or
delayed.
Lj
4. Baseline Documentation. A collection of baseline data on
` the Conservation Area and its resources ( the "Baseline
•li Documentation") shall be prepared as soon as practicable following
":OUM'YVIll$PA IOI\Z.SLSWe4Owu.'Ipd —4—
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I IIIIII 1INI 113991 IlIII I�Q NIH IIIlIItI�I� 9�III i 'L'(i)'l N ATTAR H M E N T 5 of 261R/P9T03PITKI gg
Ufj7y CO
conveyance of this conservation Easement . The Baseline
Documentation shall be the property of and shall be deemed owned by
the Grantee provided, however, that before the Baseline
Documentation shall ir!come effective, the Baseline Documentation
must be jointly appr:ved by Grantor and Grantee which shall be
evidenced by the partite executing a signed statement attaching the
approved Baseline Dc,•:umentation report. Grantor shall grant
Grantee and Grantee' s agent (s) access to the portions of the Dart
Property necessary in order to prepare the Baseline Documentation.
Once approved by both (•rantor and Grantee, the data and explanatory
text, photographs a:ii maps to be assembled in the Baseline
Documentation shall be deemed to provide an accurate representation
of the condition of tl-e Conservation Area at the time of this grant
(notwithstanding the fact that the Baseline Documentation will be
prepared after the effective date of this grant) , and the parties
acknowledge that once approved, the Baseline Documentation will
serve as an object :.ve information baseline for monitoring
compliance with the terms of this Conservation Easement. If
' Grantee employs a wildlife biologist at the time the initial draft
of the Baseline Documentation is prepared, such biologist shall
prepare the study at Grantee's expense; however, should the Grantee
not have such an employee, Grantor shall bear the expense of the
preparation of the Baseline Documentation. The Baseline
Documentation shall be completed and presented for review no later
than July 1, 1997, weather permitting.
The parties agree that in the event that a controversy arises
F i with respect to the nature and extent of the biological or physical
, j condition of the Conservation Area, the parties shall not be
foreclosed from utilizing all other relevant or material documents,
surveys, reports, and other information to assist in the resolution
( of the controversy in addition to the Baseline Documentation.
;
tJ
5 . Reservation of Building Enve.opes: Identification of
.. - - % . ' . . : -. . .• I- - ••u- , • : ' . .. . - • .- Grantor
shall have the right, but not the obligation, to apply 'for and
Lu obtain approval from the County for a subdivision of the Dart
Property into two parcels as depicted on Exhibit B. The parties
acknowledge that the subdivision described herein is consistent
with the terms and provisions of this Conservation Easement. One
of the parcels contains an historic red brick school house and the
other parcel contains the existing farmhouse located on the Dart
tt Property. Grantor hereby reserves from the grant of this
Conservation Easement two (2 ) single family residential building
envelopes of approximately six (6) acres each, with the first
building envelope ("Building Envelope 1") surrounding the red brick
school house and the second building envelope ("Building Envelope
2" ) surrounding the existing farmhouse in the locations shown on
map attached hereto as Exhibit B. Minor modifications to the
) shape, location and size of these two building envelopes may be
( i requested by Grantor and shall be approved by Grantee so long as
1 H.w.wwT1337AIQIZ.3€...0...C.u.."L -5-
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410990 11/13/1997 01:36P EASEMENT DAVIS SILVI
6 of 26 R 0.00 D 0.00 N 0.00 PITKIN COUNTY Co
Grantee determines in its relatable discretion that such minor 1
modifications will not material].) adversely impact the Conservation 11
values within the Conservation Area. The remainder of the Dart
Property located outside the two building envelopes is referred to
herein as the "Conservation AreF "
Building Envelope 1 conna:.us an historic red brick school
house. Although Grantor and Grantee agree to preserve as much of
this historic structure as may be reasonably feasible (in Grantor' s
reasonable discretion) , Grantor reserves the right to repair the
school house, enlarge the school house by the addition of not more
than 1, 000 square feet, or construct an addition to the school
house not to exceed 1, 000 square feet without the prior consent of
Grantee, provided, however, that Grantor agrees to work with an
architect who has experience in renovations and/or additions to
historical structures and that Grantor shall not have the right to
totally raze the school house without the prior written consent of
Grantee, which consent shall not be unreasonably withheld or
delayed. Grantor may continue to use and occupy the schoolhouse
as a single family dwelling and may perform any renovations to the
structure which are otherwise permitted by any applicable laws
without the consent of Grantee, except as otherwise provided
herein. Grantor shall also have the right to seek approval to
• build an additional single family dwelling within Building
Envelope 1 . 'The Construction of--th additional single family
dwe 1 ing within Building Envelope 1 is consistent with the
provisions of this Conservation EasemPnt:.---if-afldditional single
family dwelling is built on Building Envelope 1, Grantor shall have
the right to apply to the County for designation of the existing
school house as a caretaker unit or affordable housing unit, or in
the alternative, to maintain the school house as a separate
j residence.
Building Envelope 2 contains an existing farmhouse. Grantor
. shall have the right to repair and renovate the interior of the
farmhouse, including enlarging the farmhouse, building an addition
thereto or demolishing the farmhouse. Grantor may apply for •
approval to construct an additional single family dwelling within
;1 Building Envelope 2 in addition to the farmhouse, so long as any
ii additional improvements continue to be used as a single family
residence. The parties acknowledge that the construction of the
additional single family dwelling within Building Envelope 2 is
consistent with the provisions of this Conservation Easement . If
an additional single family dwelling is built on Building
Envelope 2, Grantor shall have the right to apply to the County for
designation of the existing farmhouse as a caretaker unit or
affoorr hausiny unit, u e a ernative, o maintain-the
farmhouse as a parate-res- denee- Grantor shall also have the
rightro use and-occupy-the farmhouse as a single family residence
including the right to perform any renovations to the structure
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410800
7 of 28 R 0.00 D 0.00H 0.00 PITKIH COUTiTY CO
which are otherwise permitted by any ,applicable laws without notice
to or consent by Grantee.
Except as provided above, any development or change in use
from the development and uses existing as of the date of this
Conservation Easement within Building Envelopes 1 and 2, comprising
an area of approximately twelve (12) acres, as depicted on the map
attached as Exhibit B hereto, shall be consistent with the
Conservation Values of the Conservation Area and with this
Conservation Easement. Building Envelope 2 will locate an area of
three (3) acres around the existing structure. Within said
three-acre parcel, Grantor may construct the new home as described
herein, attached or detached garages, and may plant non-native
vegetation and landscaping. The remaining three acres of the
I Building Envelope may contain corrals, barns, storage sheds or
other buildings consistent with the operation of an agriculture
operation upon the Property. Building Envelope 1 shall consist of
an area of six (6) acres around the existing structure. Within
said six-acre parcel, Grantor may construct the new home as .
described herein, attached or detached garages, and may plant
` I non-native vegetation and landscaping. Additionally, Grantor may
I 1 construct corrals, barns, storage sheds or other buildings
consistent with the operation of an agricultural operation upon the
1 ;.. Property. The only building which may be constructed outside of
. I the Building Envelopes is a hay barn which must comply with all
■ County codes regulating agricultural out-buildings. The
construction of a hay and/or livestock barn and corral and the
; ' structures and uses currently existing within the Building
jEnvelopes are hereby declared to be consistent development within
the Building Envelopes. .
I Any other proposed develo•ment or construction of any
_; a dditi_onal_st_raCtures wi.thin—thc Building Envelo ep s s•. -_—be
submitted to Grantee for its review and approval under the terms of
j ) this Conservation Easement sufficiently in advance of any planned
construction to allow Grantee. reasonable time to evaluate such
1 ' proposal. If Grantee incurs any costs in evaluating any such
proposal, such as, for example, the costs of engaging a wildlife
biologist or other expert to evaluate the impacts, if any, that the
proposed development might have upon the wildlife and wildlife
habitat and other Conservation Values protected by this
Conservation Easement, Grantor shall reimburse such . reasonable
I -1 costs to Grantee not to exceed $2, 000 per application in addition
�c.1 to normal County application fees. Should Grantee determine that
the proposed development or construction activity would have
material adverse impacts upon the Conservation Values of the
Conservation Area, Grantor shall either revise its proposal to
address such impacts or shall withdraw its proposal entirely.
Grantee's right to refuse approval for any proposed development as
I inconsistent with the Conservation Values protected by the terms of
this Conservation Easement must be based upon reasonable objective
1
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I11111191111191B 001 11111111 ill IIII"IILITT,��,HMENT
8 of 26 R 0.00 0 0.00 N 0.00 PITKIN COUNTY CO
grounds but shall not be limited to the provisions of the Pitkin
County Land Use Code so long as it is consistent with the terms of
this Conservation Easement .
The agreement by Grantee that the foregoing uses or any
further proposed development are consistent with the terms of this
Conservation Easement shall not be interpreted as the granting of
any approvals required to be obtained by Grantor from Pitkin County
for such uses, and Grantor acknowledges that Grantor must still
comply with the provisions of the Pitkin County Land Use Code and
any other similar laws in effect at the time any such development
is proposed; provided, that all of the development items contained
herein are consistent with the provisions of this Conservation
I '! Easement and Grantee shall not utilize the provisions of this
Conservation Easement to delay or hinder the approval provisions
described herein.
6. Consistent t19Pq. The following uses and practices,
though not an exhaustive recital of consistent uses and practices,
are consistent with this Conservation Easement when carried out in
the Conservation Area, and these uses and practices shall in no way
be limited or precluded by this Conservation Easement, to wit:
a. The continuation of historic farming and ranching
operations on the Dart Property, including but not limited to, the
Li cultivation of alfalfa, hay and other grasses customarily planted
in the area, including the use of pesticides so long as used in
i ; ! accordance with Colorado State University' s Best Management
Practices and in accordance with labels; plowing and reseeding in
accordance with good farming practices; grazing or pasturing of no
more than twelve (12) horses; the use of agricultural motorized
f i vehicles, including tractors, four-wheelers, backhoes and similar
[. -1 vehicles; taking the agricultural portion of the Conservation Area
out of irrigation (if Grantor so elects) , so long as noxious weed
control methods are instituted, native grasses and plants are used
i to revegetate the formerly irrigated fields, and other prudent
practices are adopted to prevent the deterioration of the land once
irrigation is terminated; and leasing the Property to others for
[ `' such purposes. If Grantor enters into an agricultural lease for
the Dart Property, it shall discuss with any lessee the limitations
on the use of the Property contained in this Conservation Easement.if Grantor desires to graze more than twelve (12) horses or other
domesticated livestock common to the area on the Property, Grantor
l I - shall utilize one of two accepted grazing practices as follows: (1)
Rest-rotation; or (2) Savory (high intensity/short duration)
r ' 1 method.
b. The installation, repair and maintenance of water
wells, pumps, irrigation systems, ponds, streams and irrigation
ditches.
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c . The taking of such reasonable steps as are necessary
to control erosion or to prevent sedimentation of streams or ponds .
on the Dart Property.
d. The installation, repair and maintenance of fencing
consistent with the fencing currently located on the Property,
provided, however, that if new fencing is installed it shall be of
such height and type of construction that is designed to prevent
interference with wildlife in accordance with Colorado Division of
Wildlife standards.
e. Such cutting and removal of dead, dying or diseased
timber or brush as may be deemed by Grantor to be reasonably
necessary for fire protection or disease prevention purposes, and
j such other cutting of live trees sufficient to provide no more than
two (2) cords per Building Envelope per year for firewood and other
domestic uses, including construction of permitted fences and other
I improvements on the Property, provided, that timber along the
Roaring Fork River and shrub oak along State Highway 82 shall not
be cut. Further, no dead trees may be cut if the cutting shall
f '; leave fewer than three (3) standing trees on each acre of the
i .. Property.
f. The pasturing, grazing, feeding and care of domestic
!n ' animals that do not comprise a commercial feedlot.
.J
g. Passive, non-motorized (except as provided herein) ,
1H non-commercial (except as provided herein) uses, including hiking,
horseback riding, biking, hunting, shooting and archery, fishing
E ` and cross-country skiing, including those limited access rights .
granted to the public herein, all in accordance with standards
g '; intended to assure non-interference with the critical wildlife,
t. ,J riparian, wetland and river habitat; and including development of
new trails for such uses either by Grantee in conformance with the
public access rights granted by this Conservation Easement or by
1j Grantor (subject to the prior written approval of the Grantee, such
approval to be based upon a reasonable determination by Grantee
that the location of any trail will not substantially diminish or
H` .i impair the conservation Values of the Conservation Area, or is
tv
i otherwise consistent with this Conservation Easement, which
approval shall not be unreasonably withheld or delayed) .
f ' • h. Performance of any restoration or improvement
(-=1 ,measures for the habitat or natural features of the Conservation
Area as recommended and/or approved by Grantee provided, however,
lithat if recommended by Grantee, such improvement measures must
( first be approved by Grantor before any improvements are made and
shall be at Grantee' s sole expense.
7. Prohibited Uses . The following uses and practices by
Ii Grantor, though not an exhaustive recital of inconsistent uses and
t
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PITKIN COUNTY CCi
practices, are inconsistent with the purpose., c .E this Conservation
Easement and shall be prohibited:
•
a. The material change, disti:.rh:oce, alteration or
impairment of the natural, ecological , hi ;t : :ic, wildlife, open
space or scenic features or values of the Cc.is.; _vation Area, except
r as otherwise permitted in this Conservation E. :,.ement. The filling
in or other destruction of the ponds upon tte conservation Area is
hereby declared to be inconsistent wit. •:he terms of this
c. :. Conservation Easement; however, should suc.-c ponds naturally fill
with sediment, Grantor may choose to dredge El.ch ponds or not, in
its sole discretion.
b. The Development of any Stru_t.Ires or roads on the
Conservation Area (as such terms are defined in the current version
of the Pitkin County Land Use Code, attached h(.reto as Exhibit Cl ,
except as permitted in this Conservation Easer::ent or as requested
fl by Grantor (subject to the prior written approval of the Grantee,
such approval to be based upon a reasonable determination by
•
Grantee that, the construction of and proposed location of any
Structure or road will not diminish or impatr the Conservation
Values of the Conservation Area, or is otherwise consistent with
this Conservation Easement, and such approval shall not be
unreasonably withheld or delayed) . Roads serving residences
I located upon the Building Envelopes shall be subject to Pitkin
County codes. Grantee consents to the existence of the current
Driveways on the Property and agrees that additional Driveways
within the Building Envelopes are consistent with the terms of this
Conservation Easement. With respect to improvements on the
Conservation Area, no such approval shall be granted for other than
a bona fide agricultural outbuilding which does not contain a
dwelling unit, such as a livestock or hay barn or shed. The
1 prohibition set forth in this subparagraph shall continue even if
the Pitkin County Land Use Code is revised to amend or eliminate
. i such definitions or if the Dart Property, or any portion. of the
Dart Property, is annexed into a municipality which does not adopt
the same definitions of "Development" and "Structures as currently
exists in the Pitkin County Land Use Code .
1 -i c. The removal, destruction, spraying or cutting of
native vegetation or timber, except in accordance with historic
fdrming or ranching operations on the Property or as may be
otherwise permitted in this Conservation Easement.
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d. The introduction of non-native plant or animal
species to the Dart Property, except as used in normal agricultural
j operations or as otherwise permitted in this Conservation Easement.
iJ e. The exploration for or extraction of minerals, oil,
gas, or other hydrocarbons, soils, sands, gravel, or other
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materials (but not including water-) on or below the surface of the
Dart Property.
f. The dumping or other disposal of refuse, garbage, or
other unsightly or offensive material other than those incident to
normal farming or ranching operations (which incidental materials
shall laat include appliances, farm implements , pesticides or other
related refuse) . Notwithstanding anything in this Conservation
Easement to the contrary, this prohibition does not make the
Grantee an owner of the Dart Property nor does it permit the
Grantee to control the use of the Dart Property by the Grantor,
which may result in the storage, dumping or disposal of hazardous
or toxic materials; provided, however, that the Grantee may bring
an action to protect the Conservation Values of the Conservation
Area, as described in this Conservation Easement. This prohibition
shall not impose liability on the Grantee, nor shall the Grantee be
construed as having liability as a "responsible party" under CERCLA
or similar federal or state environmental statutes as a result of
this Conservation Easement.
! , 4.
The commercial use of any motorized vehicles except
for the occasional use as may be necessary in conjunction with
farming and ranching or, or land management consistent with the
permitted uses or emergency vehicles.
h. The operation of a commercial feed lot.
f "' i. The transfer of development rights which were, are
1 or may be appurtenant to the Conservation Area. The parties hereto
acknowledge and agree that all development rights appurtenant to
the Conservation Area are forever extinguished by virtue of the
11 grant of this Conservation Easement, with the exception of the
limited development allowed by the terms of this Conservation
Easement.
I
`� j . Subdivision of any portion of the Dart Property
except as otherwise contemplated herein.
� . 1 8. Grantee Approval of Unlisted hut Consistent TTcPS and
I,_; practices: Notice. In the event Grantor wishes to engage in a use
or practice on the Conservation Area which is not listed above as
a "Consistent Use" or as a "Prohibited Use" , Grantor shall send
Grantee written notice of Grantor' s intention to commence or
undertake such activity, which notice shall describe all material
i aspects of the proposed activity. Said notice (and any other
notice required or permitted hereunder) shall be sent by registered
`j or certified mail, return receipt requested, to the following
address or to such other address as Grantor may from time to time
be informed of in writing by Grantee:
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410590 11/13/1997 01:38P EASEMENT DAVIS SILVI
12 of 28 R 0.00 D 0.00 -N 0.00 PITKIN COUNTY CO
Pitkin County Board of County Commissioners, -
Pitkin County Open Space and Trails Board of
Trustees and Pitkin County Attorney
530 East Main Street
Third Floor
Aspen, Colorado 81611
Park Trust Ltd. , d/b/a Aspen Valley Land Trust
P.O. Box 940
Aspen, Colorado 81612
Within fifteen (15) days after execution of this Conservation
Easement and from time to time thereafter, Grantee shall notify
Grantor in writing of the name of a single individual who will
coordinate the actions of the Grantee (representing both the County
and AVLT) with respect to all matters relating to this Conservation
Easement. The representatives of Grantee shall have thirty (30)
days from the receipt of such notice, as indicated by the
registered or certified return receipt, to review the proposed •
activity and to notify Grantor of Grantee' s objections thereto.
Such objections, if any, shall be based upon Grantee' s reasonable
opinion that the proposed activity is materially inconsistent with
the terms of this Conservation Easement. If at all possible, said
notice shall inform Grantor of the manner in which the proposed
! activity can be modified to be consistent with this Conservation
Easement.
Grantee' s response to Grantor' s notice, and any other notice
,`; that may be required or permitted of Grantee hereunder, shall be
sent by registered or certified mail, return receipt requested, to
Grantor at the following address, or to such other address as
1 Grantee from time to time may be informed of in writing by Grantor:
L"J
Janneli C. Dart
! ...) Dart Family Partnership, Ltd.
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866 Paragon Drive
Boulder, Colorado 80303
f[ Should Grantee fail to post its response to Grantor' s notice
k=J within thirty (30) days of the posting of said notice, the proposed
activity shall automatically be deemed consistent with the terms of
this Conservation Easement, and Grantee shall have no further right
E to object to the activity identified by such notice.
Grantor shall be under no liability or obligation for any
' failure in the giving of notice as required above with regard to
i any activity undertaken by Grantor necessitated by virtue of fire,
flood, act of God, or other element or cause beyond the control of
f I Grantor.
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In the event Grantor and Grantee disagree as to whether. a
particular use or practice is a "Consistent Use" or a "Prohibited
Use" , as defined herein, or if Grantor disagrees with a
determination by Grantee that a proposed activity is inconsistent
with this Conservation Easement, either Grantor or Grantee may
submit the dispute to such form of mediation, arbitration or
conflict resolution as may be mutually acceptable to Grantor and
Grantee. In the event of arbitration, the parties agree that the
decision of the arbitrator(s) shall be final and binding upon the
parties and may be entered as a final judgment in a court of
competent jurisdiction relating to such dispute. The non-
prevailing party shall bear the cost of the arbitration, if so
selected, however, each party shall pay its own attorney' s fees, if
any, regardless of outcome.
9 , rnstc and T.iahilitieft Except as otherwise provided in
this Conservation Easement, Grantor, Grantor' s heirs,
representatives, successors and assigns, shall retain all
responsibilities and shall bear all costs and liabilities of any
kind related to the ownership, operation, upkeep, and' maintenance
of the Dart Property, and in particular, the Conservation Area,
including the maintenance of comprehensive general liability
insurance coverage in amounts reasonably determined by Grantor.
Grantor shall add Grantee as an additional insured to such
J insurance coverage, and shall deliver proof of such coverage to
Grantee at closing. Grantor shall keep the Dart Property free of
any liens arising out of any work performed for, materials
furnished to, or obligations incurred by Grantor which would have
,J priority over or otherwise adversely affect this Conservation
Easement.
10. Tress and AonessmentR. Grantor understands that nothing
"-' in this Conservation Easement relieves Grantor of any obligation or
restriction imposed by law with respect to the Dart Property,
i including the obligation to pay such real estate taxes as may be
I`) assessed from time to time on the Dart Property. Grantor agrees to
pay before delinquency any and all real property taxes, fees,
, :., assessments and charges of whatever description assessed or levied
i i on the Dart Property, including any tax or assessment on the
1_s..) • Conservation Easement granted by this document. Grantor shall
furnish Grantee with satisfactory evidence of payment of such taxes
I _,. or assessments, upon request. Grantor shall have the right to
LLj contest any such real property taxes which it feels were not
properly assessed or imposed, provided, however, that should such
real property taxes or assessments remain unpaid for a period of
1 time that would pose an immediate danger of the Dart Property being
1�j lost to tax deed, Grantee shall have the right, in its sole
discretion and without obligation, to pay such taxes, fees, charges
or assessments to preserve its rights under this Conservation
L Easement, and the obligation created by such payment shall bear
� � interest until paid by Grantor to Grantee at the lesser of two (2)
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percentage points over the prime rate of interest from time to time
charged by Norwest Bank of Denver or the maximum rate allowed by
law.
11. Water Rights . Grantor hereby retains and reserves the
right to use all water rights appurtenant to the Dart Property,
including but not limited to, all non-tributary ground water
appurtenant to the Property. Grantor shall maintain, for the
benefit of the Dart Property, sufficient water rights to maintain
the Conservation Values of the Conservation Area, including but not
limited to, those water rights as may be necessary to irrigate the
historically irrigated agricultural lands protected by this
Conservation Easement . No sale, encumbrance, lease (except in
connection with agricultural leases) or other transfer of water
rights appurtenant to the Dart Property shall be permitted unless
first approved by Grantee, which approval shall not be unreasonably
f� withheld or delayed so long as the proposed transfer of water
rights will not substantially diminish or impair the Conservation
Values of the Conservation Area, and is otherwise consistent with
this Conservation Easement. Anything herein to the contrary
notwithstanding, it is the intent of the parties that Seller may
sell or transfer (after receipt of approval by Grantee) any water
rights appurtenant to the Dart Property, if any, which are in
r excess of those needed for the preservation of the Conservation
Values of the Conservation Area and other uses of the Dart
Property.
12. public Access. Public, non-commercial access to limited
portions of the Conservation Area is hereby granted by Grantor to
the public as described below: (i) a public access point to Bureau
of Land Management ( "BLM")lands commonly known as Williams Hill
shall be established at the location noted on Exhibit B hereto;
-% (ii) a public trail easement along Wheatley Gulch creating access
to federal public lands adjacent to the north of the Dart Property
shall be established in the location noted on Exhibit B hereto;
■ (iii) access to the historic cemetery for research or quiet
contemplation shall be established at the location noted on Exhibit
B; and (iv) perpetual public fishing access to the Roaring Fork
River shall be granted in accordance with the managed access
': • currently in effect, as further described in this paragraph 12
below. The limited public access established by the terms of this
Conservation Easement may be restricted at certain times of year,
such as elk or deer calving, fawning or migration times, in
accordance with recommendations of a wildlife biologist familiar
with the Conservation Area, and may further be limited by
reasonable rules and regulations agreed upon by Grantor and Grantee
designed to preserve the Conservation Values of the Property from
time to time. With the exception of the limited entry rights
granted to Grantee and the public in this Conservation Easement
which shall be limited to the specific areas delineated on Exhibit
B, nothing contained in this document shall be construed as
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410590 11/13/1997 01:38P EASEMENT DAVIS SILYI A.C H M E NT 2. -
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affording the uh_:.c. e.e.ccaic- Ch. ! ::,u:i....Li c 9 fa:velopes or other
portions of the Ct:nservatio:: Ara n t J1:.::c i f:i c 1 Lly delineated on
Exhibit B as available to the public. F:ccter t. as specifically
provided herein, Grantor retains the ric::,.: to 7ontrol access to
the Building Envelopes and the Conser;.atl.ay .a-'::a r:nd shall have the
right to enforce any prohibition of public.. aicicess by all lawful
means available tc: the owner of priva:e p_•.perty.
Grantee s'nal ; , a: its expense and .a:.'.er :onsultation with
Grantor, install signage and any othet reasonable measures
necessary to educate the public about the locations of public
access on the Dart Property, the limitations upon such access, and
the fact that all other portions of the Dart Property remain
private and unavailable to the public for use without permission of
the Grantor, which the Grantor shall have the right to grant or
refuse in Grantor' s sole discretion. However, Grantor agrees it
r: will accommodate whenever convenient requests by local schools,
wildlife biologists, and ecological and environmental groups for
access to the Conservation Area to study and learn about
conservation and-preservation techniques. Grantee shall cooperate
t'' , with Grantor in enforcing Grantor's private property rights and
limiting the public' s access to those locations specifically
identified on Exhibit B.
Grantee shall coordinate the Williams Hill access with the ELM
�.< and the Colorado Department of Transportation and shall coordinate
the access through Wheatley Gulch with the U.S. Forest Service.
Grantee, at its discretion, shall construct low-impact trails
ii and/or fencing at Grantee' s expense to direct public access across
`-' the areas delineated for public access and may also erect a small
fence around the historic cemetery to protect the character of the
cemetery. Should Grantor request that Grantee construct such low-
impact trails and/or fencing, Grantee shall confer with Grantor
about the design of such trails and fencing and shall incorporate
IH Grantor' s reasonable requests relative to the design of the trails
as well as requests relative to directing the public to remain on
c designated public access areas only. The parties hereto shall
revisit from time to time the nature and extent of the public
access -created by this Conservation Easement to assure that it does
zj not adversely affect the Conservation Values of the Conservation
Easement or Grantor's quiet use and enjoyment of the Dart Property.
T'f such values are adversely affected or if such access is
' unreasonably disrupting Grantor' s quiet use and enjoyment of the
£ Dart Property, such public access may be relocated, restricted or
closed, if determined necessary to preserve the Conservation
LdValues.
Grantor agrees to maintain managed public fishing access to
the Roaring Fork River in perpetuity in accordance with
recommendations of the Colorado Division of Wildlife' s aquatic
biologists, provided that unless otherwise agreed by Grantor, such
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access shall not be greater than the public fishing access that
exists as of the date of execution of this Conservation Easement .
The current access allows a maximum six (6) individuals at any one
time to access the river from the Dart Property. Fishermen must
pick up an access card at Taylor Creek Fly Shop in Basalt, or such
alternative party as may administer the fishing rights in the
future, prior to entering the Dart Property. Current access policy
permits the administrator of the public fishing access to retain no
more than one (1) access card itself at any one time. As part of
the compensation paid to Taylor Creek Fly Shop or another party
1 administering the fishing rights to the Roaring Fork River across
the Dart Property, Grantor may allow such administrator commercial
fishing rights to the ponds located on the Dart Property east of
Building Envelope 2 (provided such use does not adversely impact
k•" the critical wetlands or riparian areas around the ponds) , and may
also rent the school house located in Building Envelope 1 as part
( :1 of the fishing program.
13. Roaring Fork River Rest Area. Grantor hereby grants a
public, non-commercial kayak/raft pullout and rest area on the
Roaring Fork River in the location noted on Exhibit B hereto. Such
rest area shall be used by in-river recreationists only, and no
access to other portions of the Dart Property or access to any
public road shall be allowed by virtue of the river rest area.
Grantee, at Grantee' s expense, shall install signs explaining the
limitations upon such rest area, after consultation with Grantor
about the language, design and location of such signs and approval
of such signage by Grantor.
14. Residual Estate. As expressly provided in Section 38- '
I 30.5-105 of the Colorado Revised Statutes, all interests and rights
of ownership not transferred and conveyed to Grantee by this
Conservation Easement shall remain in Grantor, including the right
to engage in all uses of the Dart Property which are not
( J inconsistent with the Conservation Easement or prohibited by this
Conservation Easement or by law.
15. ,Subservient. Sale. Exchange. Condemnation or Involuntary
Conversion. Grantor and Grantee agree that the granting of this
Easement immediately vests the Grantee with a property right, and
the fair market value of this property right as compared to the
1 fair market value of the entire Dart Property has been determined
by the Appraisal of the Dart Property and the Conservation Easement
as described in paragraph 1 hereof . This Appraisal shall establish
the relative values of the Conservation Easement and the remaining
I I portions of the Dart Property for purposes of any future actions.
tj The parties hereto agree that in the event of a request to
extinguish this Conservation Easement, the initiation of an
involuntary conversion or condemnation action, or any other action
which results in the termination of all or a portion of the
v Conservation Easement on the Dart Property, the compensation of the
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Grantor and Grantee shall be based upon the relative ratios of
ownership as indicated in the Appraisal . The Grantee may be
compensated for the value of this property right only in the event
of a change in conditions resulting in the extinguishment of the
Conservation Easement (as provided in Treas. Reg. Section 1. 170A-
r 14 (g) (6) (i) ) . In such event, Grantee shall apply its share of the
proceeds in a manner consistent with the conservation purposes of
the Conservation Easement or for the protection of a "relatively
natural habitat of fish, wildlife, or plants or similar ecosystem"
as that phrase is used in the Internal Revenue Code. If the
Conservation Easement is taken, in whole or in part, by exercise of
the power off eminent domain, Grantee shall be entitled to
compensation in accordance with applicable law in an amount as
determined by the values established by this paragraph.
16 . Subsequent Subaentere. Grantor agrees to incorporate the
terms of this Conservation Easement in any deed or other legal
instrument by which it divests itself of any interest in all or a
portion of the Dart Property, including, without limitation, a
leasehold interest. Grantor further agrees to give Grantee written
iH notice of the transfer of any interest at least fifteen (15) days
I ! prior to the date of such transfer, including the transferee' s
name, address and telephone number. The failure of Grantor to
t - perform any act required by this paragraph shall not impair the
validity of this Conservation Easement or limit its enforceability
c:, in any way.
I " ; 17. Bo)d Harmless. Grantor shall hold harmless, indemnify
and defend Grantee, volunteer citizen board members, employees,
agents and the heirs, personal representatives, successors, and
assigns of each of them (collectively "Indemnified Parties") from
and against all liabilities, penalties, costs, losses, damages,
Is i expenses, causes of action, claims, demands or judgments,
including, without limitation, reasonable attorneys ' fees, arising
! ' from or in any way connected with: (1) injury to or the death or
any person, or physical damage to any property, resulting from any
act, omission, condition, or other matter related to or occurring
On or about the Dart Property, regardless of cause, unless due
solely or in part to the negligence or deliberate actions of any of
the Indemnified Parties; and (2) the presence or release of
hazardous or toxic substances on, under or about the Dart Property,
unless such release was caused by an Indemnified Party. For the
purpose of this paragraph, hazardous or toxic substances shall mean
any hazardous or toxic substance which is regulated under any
federal, state or local law. Anything herein to the contrary
ff 1 notwithstanding, any liability under this agreement shall be
limited to Grantor' s interest in the Dart Property and neither
Grantor nor any of its partners, members, officers or
1 • representatives shall have any personal liability relating to this■ indemnity provision.
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18 . Amendment . The fact that any use of the Dart Property
that is expressly prohibited by this Conservation Easement, or any
other use as determined to be inconsistent with the purpose of this
Easement may become more economically valuable than consistent uses
allowed by this Conservation Easement, or that neighboring
properties may in the future be put entirely to uses that are not
permitted hereunder, has been considered by the Grantor in granting
this Conservation Easement. It is Grantor' s belief that any such
changes will increase the benefit to the public of the continuation
of this Conservation Easement, and it is the intent of both Grantor
and Grantee that any such changes should not be assumed to be
circumstances justifying the termination, extinguishment or
automatic amendment of this Conservation Easement. In addition,
the inability to carry on any or all of the Consistent Uses, or the
unprofitability of doing so, shall not impair the validity of this
Conservation Easement or be considered grounds for its termination,
extinguishment or automatic amendment.
•
Notwithstanding the foregoing, however, Grantor and Grantee
recognize that circumstances may arise under which an amendment to
or modification of this Conservation Easement would be appropriate.
Accordingly, Grantor and Grantee may jointly amend this
Conservation Easement, provided that no amendment shall be allowed
that will affect the qualification of this Conservation Easement
under Section 38-30 . 5-101, et seq. , Colorado Revised Statutes, nor
its qualification as a conservation easement for purposes of the
Internal Revenue Code, and any amendment shall be consistent with
the conservation purposes of this Conservation Easement, and shall
not affect its perpetual duration. Any such amendment must be
signed both Grantor and Grantee or their successors and assigns and
shall be effective upon recording in the official records of Pitkin
County, Colorado. Although this paragraph recognizes that an
S .i amendment to this Conservation Easement may be appropriate in
certain circumstances, the terms of this paragraph do not create an
f I obligation on the part of either Grantor or Grantee to agree to an
amendment requested by the other party.
19 . Extinguishment . If circumstances arise in the future
that render the purpose of this Conservation Easement impossible to
t accomplish, this Conservation Easement can only be terminated or
extinguished, whether with respect to all or part of the Dart
I •; Property, by judicial proceeding in a court of competent
jurisdiction.
20 . Rnfnrrement and Waiver. Enforcement of the terms and
1 provisions of this Conservation Easement shall be at the discretion
i..J of Grantee. Any forbearance on behalf of Grantee to exercise its
rights hereunder in the event of any breach by Grantor shall not be
deemed or construed to be a waiver of Grantee's rights hereunder in
• the event of any subsequent breach. Grantor hereby waives any
L..i defense of lathes, estoppel or prescription.
•
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21. Rnfnrrement of Rights. Y
a. In the event of a .violation by Grantor or a third
party of any term, condition, covenant, or restriction contained in
this Conservation Easement, Grantee shall give the Grantor written
notice of such violation, describing the violation and making
demand that the violation cease and be remedied. If, after fifteen
(15) days following receipt of such notice (as indicated by the
registered or certified mail return receipt) , the violation has not
been corrected (or such correction co¢¢nenced if it would reasonably
take longer than fifteen (15) days to remedy) or the prohibited use
terminated, and any damage to the Conservation Area remedied and
the Conservation Area restored, or steps taken to ensure the swift
restoration of the Property; . or, alternatively, if a written
i., explanation to Grantee of the reason why the alleged violation
should be permitted is not delivered to Grantee within such fifteen
(15) day period, then Grantee may enjoin by temporary or permanent
• injunction such violation, or may take such other action as it
deems necessary to insure compliance with the terms, conditions,
covenants, and purposes of this Conservation Easement; provided,
however, that any failure to so act by the Grantee shall not be
1 deemed to be a waiver or a forfeiture of the right to enforce any
term, condition, covenant, or purpose of this Conservation Easement
i .; in the future.
b. Grantor further intends that should any Prohibited
Use be undertaken on the Conservation Area, the Grantee shall have
the right to cause the restoration of that portion of the
J Conservation Area affected by such activity to the condition that
existed prior to the undertaking of such prohibited activity. In
such case, the cost of such restoration shall be borne by Grantor,
Grantor's successors or assigns. Nothing contained herein shall be
)__ construed to preclude Grantor from exhausting legal remedies in
determining whether the proposed activity to which the Grantee has
objected is consistent with this Conservation Easement.
c. Any costs incurred by Grantee in enforcing the terms
of this Conservation Easement against Grantor, including, without
if ' limitation, costs of suit and reasonable. attorneys ' fees (even in
s the event that the Grantee secures redress without a completed
judicial proceeding) , and any costs of restoration necessitated by
violation of the terms of this Conservation Easement, shall be
1 ' repaid immediately to Grantee by Grantor. If Grantor prevails in
any action to enforce the terms of this Conservation Easement
whether brought by Grantor or Grantee, the costs of suit,
f ) including, without limitation, reasonable attorneys ' fees of
! j Grantor, shall be paid by Grantee.
d. Nothing contained in this Conservation Easement
shall be construed to entitle Grantee to bring any action against
Li Grantor or require Grantor to take any affirmative action relating
( Hwwwzusnsmivae.m..ec.�..Pa -19-
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410590 11/13/1997 01:38P EASEMENT DAVIS SII
20 of 26 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CD
to. any injury to or change in the Conservation Area resulting from
causes beyond the control of Grantor, including, without
limitation, fire, flood, storm, and earth movement, or from any
prudent or good faith action taken by Grantor under emergency
conditions to prevent, abate, or mitigate significant injury to the
Conservation Area and/or the Dart Property resulting from such
causes.
e . Notwithstanding any other provision hereof to the
contrary, upon a transfer to a third party of Grantor's interest in
•
all or any portion of the Dart Property, Grantor's rights and
obligations under this Conservation Easement relating to the
property transferred shall automatically pass to said third party,
and Grantor shall have no further rights or responsibilities
1 ; hereunder with respect to such property transferred, except that
liability for acts or omissions occurring prior to transfer shall
r.ri survive transfer.
22. Assignment. Any assignment or transfer by Grantee of its
rights hereunder shall be subject to the prior written notice to
i
Grantor. Grantee may assign this Conservation Easement only to a
charitable organization exempt under Section 501 (c) (3) of the
Internal Revenue Code of 1954, as amended, which organization was
•i created at least two (2) years prior to receipt by it of the
Conservation Easement, provided that (a) in the judgment of
Grantee, the assignee organization has the ability, experience,
interest and resources to carry out the conservation objectives
expressed in this Conservation Easement, and (b) the assignee
;_j organization agrees in writing to abide by and to carry out the
intentions of Grantor and Grantee as expressed in this Conservation
• Easement.
idi 23. Rinds Rffert : Pulp TL4 Against Perpetuities- Severability.
This Conservation Easement shall run with the title to the Dart
{ j Property and shall be binding upon and inure to the benefit of the
L;, parties hereto and their respective heirs, personal
representatives, successors and assigns in perpetuity. If any term
or provision of this Conservation Easement would otherwise violate
the rule against perpetuities or the rule restricting restraints on
=i alienation, such term or provision shall automatically expire and
be of no further force or effect twenty (20) years following the
1 .; death of the last to die of Peter J. Dart, Frederick F. Peirce, and
[`J James R. True, and their now living children. If any provision of
this Conservation Easement or the application thereof to any person
or circumstance is found to be invalid, the remainder of the
1 J provisions hereof and the application of such provision to persons
( Yj or circumstances other than those to which it is found to be
invalid, shall not be affected thereby.
24. Joint Obligation: Surceasnrs. The obligations imposed by
' �., this Conservation Easement upon the Grantor and Grantee shall be
' 1
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ARAN ANNNN IIEE91I 11111 111 1111 1111111111111111111x11 IQ1IFTACHMENT 2.
21 of 26 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO
joint and several. The covenants, terms, conditions, and
restrictions of this Conservation Easement shall be binding upon,
and inure to the benefit of, the parties hereto and their
respective personal representatives, heirs, successors, and assigns
and shall continue as a servitude running in perpetuity with the
title to the Dart Property.
25 . rnterpretatinn. The provisions of this Conservation
Basement shall be construed to effectuate their purpose of
preserving and protecting the Conservation Values of the
Conservation Area. No remedy or election given by any provision in
this Conservation Easement shall be deemed exclusive unless so
indicated., but it shall, wherever possible, be cumulative with all
other remedies at law or in equity. The parties acknowledge that
each party and its counsel have reviewed and revised this
Conservation Easement and that no rule of construction that
'r ambiguities are to be resolved against the drafting party shall be
employed in the interpretation of this Conservation Easement.
This Easement shall be interpreted, in accordance with the laws of
the State of Colorado.
IN WITNESS WHEREOF, Grantor and Grantee have executed this
Conservation Easement as of the day and year first above written.
ATTESAT: GRANTEE:
BOARD OF CO COMMISSIONERS OF
PITKIN COUNTY//0 ORADO
By: i ' % /
Jeanette Jones : Bill Tuite , Chairman
Deputy Clerk and Recorder DATE: f-14'4 1
AP ROVED AS TO FORM: MANAGER APPROVAL:
Co ty ttorney Suz a Konch
ounty nager
1 RECOMMENDED FOR APPROVAL:
( mil ne Ellen Afton, Chief Executive Officer
pen Space and Trails
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410590 11/13/1987 01:38P EASEMENT DAVIS SIIVI
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APPROVED AS TO CONTENT: -
{%1 /2 } p ATTACHMENT
Chair,
Open Space and Trails Board of Trustees
GRANTEE:
PARK TRU , LTD. , D/B/A ASPEN VALLEY LAND TRUST
By: .1- /1 so. sit ' -
Y
Darcey Brown/President
GRANTOR:
DART •AMILY P• • - • HIP, LTD. ,
A CoLORADO L11 S '-*+S PARTNERSHIP '
B'+- IAi /1 vt 4f r IA III
i .1uvtllt \ r -eneral Partner
STATE OF 0.041.1A.04-0 )
/� ss.
COUNTY OF (2 4 yg4'4-I - )
The foregoing instrument was acknow dge before me this /3 4
day of len , 1991 by a,,,,.,ei, . C.. AiOnAZ , general partner
of the Daft Family Partnership, Ltd. , a Colorado limited
' J partnership.
Witness my hand and official seal. - ti ,.,
My commission expires: /n/3/ /97 . \''`•y.....
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410520 11/13/1997 01:38P EASEMENT DAVIS SILVI
23 of 26 R 0.00 0 0.00 N 0.00 PITKIN COUNTY CCL_TACHMENT
EXHIBIT A
(LEGAL DESCRIPTION OF DART PROPERTY)
Tract 73 (also described as Lots 5 and 6) , Lots I4, 15, 16, Section 26, and a
portion of Tract 73 (also described as Lot 6) and Lots 15 and 16, Section 27,
Township 8 South, Range 86 West of the sixth Principal Meridian, being more
particularly described as follows:
Beginning at a U.S.G.L.O. brass cap properly marked for Angle Point No. 4 of
said Tract 73; thence North 89°18'56' West 186.55 feet along the Southerly
line of said Tract 73 to a U.S.G.L.O. brass cap properly marked for Angle •
Point No. 4 of Tract 72; thence South 89°39'18" West 5365.68 feet along the
Southerly line of said Tract 73 to a U.S.G.L.O. brass cap properly marked for
Angle Point No. 3 of said Tract 73; thence North 00°01 '30' East 341 .01 feet
along the Westerly line of said Tract 73 to a point on the Northerly R.O.W. of
Highway 82; thence along said Northerly R.O.W. of Highway 82 and along a curve
to the left having a chord bearing of South 81 °40'42" East 87.18 feet and a
radius of 1096.00 feet; thence departing said R.O.W. of Highway 82
North 43°48'46' East 226.05 feet to a point on the centerline of the Roaring
Fork River; thence along said centerline of the Roaring Fork River the
following three (3) courses:
North 22°18'09" West 109.31 feet;
North 41 °01 '15' West 203.48 feet;
North 59°36'40' West 78.29 feet to a point on the Westerly line of said Tract
73; thence North 00°01 '30" East 530.37 feet along the Westerly line of said
Tract 73, Section 27 to a U.S.G.L.O. brass cap properly marked for Angle Point
No. 2 of said Tract 73; thence North 00°00'00" East (according to G.L.O. Plat
dated September 30, 1929) 759.78 feet along the Westerly line of said Lot 16,
Section 27 'to a point which intersects the Northerly line of said Lot 16,
Section 27; thence North 89°50'00" East (according to G.L.O. Plat dated
September 30, 1929) 2643.66 feet along the Northerly Iine of said Lots I5 and
16, Section 27; thence North 89°29'26' East 2707.56 feet along the Northerly
line of said Lots 15 and 16, Section 26; thence North 89°32'23" East 1332.53
feet along the Northerly line of said Lot 14, Section 26; thence South
• 00°41 '28" West 872.80 feet along the Easterly line of said Lot 14, Section 26;
thence North 88°12'17" West 1120.79 feet along the Southerly line of said
Lot 14, Section 26; thence South 00°03'20' West 1315.30 feet along the
Easterly line .of said Tract 73 to the Point of Beginning.
LJ
EXCEPTING THEREFROM the tract of land enclosed and used for cemetery purposes
known as the "Wheatley Cemetery" together with a strip of land ten feet wide
.J - on the north side and strip of land ten feet wide on the south side of the
fences enclosing said cemetery, being a tract of land approximately 50 feet by
35 feet, and a private right of way 15 feet in width to and from said cemetery
extending from the south side of said cemetery to the County Road, as
reserved in Deed recorded July 2, 1930 in Book 158 at Page 442 as Reception
No. 85355.
ALSO EXCEPTING THEREFROM a tract of land approximately ten feet
._.i square adjoining the Denver and Rio Grande Railroad right of way, on which a
wagon scales has been constructed as reserved in Deed recorded July 2, 1930 in
1 Book 158 at Page 442 as Reception No. 85355.
Continued on next page
continuation of Schedule A - Legal Description
Order Number: 00023458-CJ /�
l`P�J/� /ATTACHMENT
ALSO EXCEPTING THEREFROM'those parcels conveyed by Deeds recorded November 28,
1995 in Book 800 at Page 817 as Reception No. J87734, and recorded May 31,
1996 as Reception No. 39319S.g-4%M
ALSO EXCEPTING THEREFROM the following parcel known as the Dart
Family Partnership, Highway 82 Parcel described as follows:
I •: A portion of Tract 73 (also described as Lot 6) and Lots 15 and 16, Section
27, Township 8 South, Range 86 West of the Sixth Principal Meridian, being
more particularly described as follows:
Beginning at a U.S.G.L.O. brass cap properly marked fro Angle Point No. 3 of
said Tract 73; thence North 00°01 '30• East 241 .02 feet along the Westerly line
of said Tract 73 to a point on the Southerly right-of-way of Highway 82;
1 thence along said right of way of Highway 82 the following six (6) courses:
328.79 feet along a curve to the left having a chord bearing of
South 86°37'32° East, a chord length of 327.76 feet and a radius of 1196.00
feet;
North 85°26' East 463.4 feet;
1_1 452.77 feet along a Curve to the right having a chord bearing.of
South 80°14 '03° East, a chord length of 448.06 feet and a radius of 905.00
feet;
South 65°54 ' East 236.3 feet;
- 298.15 feet along a curve to the left having a chord bearing of
South 74°23'38° East, a chord length of 297.06 feet and a radius of 1005.60
feat;
South 82°54 ' East 141.56 feet;
thence departing said right of way of Highway 82 and along the Southerly line
.. _ of said.Tract 73 North 89°39'18° West 1873.12 feet to the Point of Beginning.
I
�_ COUNTY OF PITRIN, STATE OF COLORADO.
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RIGHT-OF-wAY AND EASEMENT
Dart li Family Partnership Ltd. and TTA�HMEI '4
Jarrell
Dart, a single w�i�mn of 7487 Empire Road, Boulder, CO 80302 +
GRANTOR(S) , does (do) hereby sell and convey to ROCKY MOUNTAIN NATHRAL
' a Colorado Corporation, GRANTEE, for the sum of Ten-dollars and 00/100 COMPANY,
($10 00 ) Dollars, and other valuable consideration, the receipt and•adequaby of
which•is hereby acknowledged, a right-of-way and easement
35.00 1 feet in width for the u ti - five
operating, purposes of laying, constructing, maintaining,
g, repairing, altering, inspecting, replacing, removing, and/oi changing the
size of, one or more pipelines (with valves, meters, fittings, appliances, and
related facilities) for the transportation of gas over, through, under and across
the following described land situated in the County of —Pltkln
of Colorado, to-wit: —�_, State
•
•
TCWNSTEP 8 SCUM - RANGE 86 WEST, 6th P.M. • .
•
Section 26 and 27: A tract of land thirty-five feet in'width;: located
in Tract 73 of said Sections 26 and 27, being seventeen and one-half feet Si each side of
the centerline, acre fully described in that certain survey plat reCOrded in Ditch Pock
2A, Page 271, records of the Clerk and Recorder, Pitkin County, Colorado.
i
• right-of-way and easement and the center line.thereof
map filed for record by GRANTEE wi . - •" - •". on a plat or
such land is -' - - • 'ecorplr io the County in which
. - ninety (90) d after completion of construction of
. . ' . - -, Initials•
. , GRANTEE shall have all other rights and benefits necessary or convenient for the full
enjoyment and use of the rights herein granted, including, but without limiting the
same, the free and full right of ingress and egress over and across said lands and
?
"•e'- 3,.' a. of the GRANTOR(S) to and from said right-of-way and easement.
GRANTOR(S) hereby warrants and agrees to defend the title to the above- described .
premises. GRANTOR(S) shall have the use of such right-of-way and easement except for
any use which conflicts with the purposes for which this right-of-way and easement
is granted; provided, however, GRANTOR(S) shall not build or construct nor permit
to be built or constructed any building or other improvement over or across said
right-of-way and easement.
GRANTEE agrees to bury all pipelines so that they will not interfere with the
cultivation of the land, and also to pay for any damage to fences, improvements, and
growing crops which may arise from its operations hereunder, said damage, if not
mutually agreed upon, to be ascertained by three disinterested persons, one •to be
' - appointed by the GRANTOR(S) , one by GRANTEE, and the third by the two persons
aforesaid, and the written award of said three persons, or any two of them, shall
be final and conclusive.
This grant covers all of the agreements between the parties and no representations
or statements, verbal or written, have been made modifying, adding to, or changing
the terns of this Agreement.
i This easement and right-of-way and all provisions hereof shall inure to the benefit
j ! of and be binding upon the parties, their successors and assigns.
•
IN WITNESS WHEREOF, GRANTORS has (have),executed this Right-of-Way and Easement
! this day of 19aS •_
Family wT a. p Ltd.
... . &AA i
Title:t /,,, nCy/
Li
J: - a Dart
:i STATE OF (' frke /:2 )
COUNTY OF pgy. Q14f )) ss.
oP n
The foregog instrument was acknowledged before me by 19 YL S. C .
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1W9.flkt7 this /Y day of J-}ou i
My commission expires la/.. / q9
1.J ....pilY ;. ::: Notary Public ��
a;'• (2, ,,."41 /9itrsL 4.4'
:: ..j ", 'Y •. t • ddress: (�S%5C $.
ii ,.ft.A.44.44
3 88199 P-802 P-97 12/11/95 04:32p PG 1 OF 2
1 1 9ILVIR DRVIS PTTKIN COUNTY CLERK B RECORDER REC DDC N:
11.00
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STATE OF loll ➢/'Q/.LR ) ATTACHMENT ® •
A f ) ss.
.`COUNTY OF Av- 6,..tl(I 4 ) <
The f reg44n ipj�etrr.Wu�^ent was acknowledged beforg me by _ . 9 g ,� - • • -tar
C'".DM'f im„1r FN.'S/AV t.'W this;1L day. of NOYP M WA'
My commj t;l :i wires ?-'10-97 . .; / � /
�yt Ia .I
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Jr T Address: 3570 S.
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STATE OF ) '
as.
COUNTY OF
The foregoing instrument this was acknowledged before me by 19 .
' My commission expires
Notary Public
Address:
•
STATE OF • )
se.
COUNTY OF )The foregoing instrument was acknowledged before me by 1S
this _ day of
My commission expires
dNotary Public
Address:
•
3813199 8-802 D-98 12/11/95 04132P PG 2 OF 2
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ROOKY MOUNTAIN NATURAL 13A9
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DIVISION OF K N ENERGY )IC-
401 27th Street
P.O.Box 870 -
Gfliwood Spirgs,CO 81802-0870
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IIOLY CROSS ELECTRIC ASSOCIATION, INC.SNC )J I )(�
2J`.12G7 RIGHT-OF-WAY EASEMENT '�- na 422 FiLi11V ! -". f . :
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' KNOwN ALL HEN Of THESE PRESENTS, that the undersigned, -I� •t :
PETER-N. DART :�i r '1• f :• • e • 6
(horcinafter canto -Grantor') for a good and valuable consideration, the • s •
receipt whereof ir. hereby acknowledged, does hereby grant unto HOLY CROSS •.:::p , p�.:':mod-'•
1 ELECTRIC ASSOCIATION, INC., a cooperative corporation whose post office • {• {i • '•"
address is P. O. Drawer 250, Glenwood Springs, Colorado (hereinafter celled T5.
'Grantee') and to it successors and assigns, the right of !ngtesa and egress • M�
's 1;• across lands of Grantor, situate in the County of e1LirMID, State of Colorado i r- as
described as follows, P1010 ja/ •.at s/ y,
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{ A parcel of land situated in Township B South, Range B6 Nest of l a +.:"*
`(f.. . s the 6th P.M. as more fully described in Book 191, Pages 342 a t r
Boot: 312, Page 261�f the Office of Clerk and Recorder of Pitkin •' !.
>� 1
11 I county. Colo-ado. w 4- •
And to construct, reconstruct, enlarge, operate, maintain and remove an k: )if. / 1 : r \'
electric transmission or distribution line or system, within the above •, t•• 4 1
,t a; mentioned lands, upon an easement described as follows: . '..>. ..' _- ' • ;�► •
t \
I'> An easement twenty (er) feet p in wline; •she nstr s.ted for acid + s�J.�
easement being an overhead power line as scribed rooms he asp show r
.®,v ��+�,� imp to location of which upon the above a part hereof eof y y is shown w 1.....1
1 on Exhibit A, attached hereto and made a part hereof by reference, t ts. s
�C~�
•7 Additional poles and/or guy wires with anchors and associated equip- t
'sent may be placed in said easement as required at a later date- • - I , •. •7{•,' ;,,..,,
• i'S• '1 v
y . And, in addition, Grantor hereby grants to rush:b and to its successors and I t
�• �, assigns, the right to clear all trees and brush -hy machine work or otherwise L 1 r c• %,
within said easement, and the further right to cut trees even though outside art 4.-.,.:84,i-4. {
of said easement, which are taala_•enough:to stzike he wires yinifining f. Rt :. 1 • s 1 1�.�9 y✓.
p, Grantor agrees that all + %, e .- x ,--•• y _ { • f•t /,% yf
Yr g polo., wire'and other facilities installed by Grantee s. • • .ti.,...-r.'..1.;.,... ,
ISI on the above described lands shall remain the property of Grantee aad shall f • e a, • P
V' .fie•- be removable et the option of Grantee. ,y��+) y{q:s: ryµSrr:�f t f '• • 4♦ + '1. Fj
ho s she ow M �. • riled lands end t R. • -:„,„......:,..-,..?A:: !1 I. r--
+ a✓ -
Grantor convenants that ho Ss the of en_umbran ea and dl•ersof whats era that ; .- st •e •- Y
- the said lands are free and clear'of ollowing+i; . nrd 1 l ers of whatsoever - =character, except those held by the fol:owingr T"x :: r ✓<• } 1
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TO HAVE AND TO HOLD, said right—of-way and e••ement. together with all aM 1:'" S t -11::."1:
iv',._
T.'''. kY'•�` • singular the right° and privilegbs appertaining thereto, unto Grantee, its �j,t ! 1. o.
c ..` successors and assigns, forever. - ra' ... 2 ,t `•1a_t� IN WITIWE$S WHEREOF, 0 t r has ea d th se pr sents to be duly executed on t . If .. "-t
tie ��'"�,'a loan
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STATE OF /.///9/ II 7��p • ?..s.{ -ri 11. e 4
• 1 as. !lIWWW ' ! P
COUNTY of y',,,.. , /j.,,.- ) ' ,t L
The foregoing instrument was acknowledged before me this a day of 1 t%-.•-::".::.• I a{" w;
1 SY 4,.r.�>r( 1980 ba Peter W. Dart. m ; ' e .
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404570 05/19/1997 12:58P ORDINRNCE ATTACHMENT
1 of 4 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CLERK
AN ORDINANCE OF THE
BOARD OF COUNTY COMMISSIONERS
OF PITKIN COUNTY,COLORADO,AUTHORIZING
EXECUTION OF THE CONTRACT FOR PURCHASE AND SALE OF
A CONSERVATION EASEMENT AND DEED OF CONSERVATION EASEMENT
FOR THE DART PROPERTY
ORDINANCE#t s , SERIES OF 1997
RFCITAT S
1 ? 1. The Voters of Pitkin County and the Pitkin County Commissioners established an Open
Space and Trails Fund for the purposes of preserving and developing open space and trails
resources in Pitkin County, and established an Open Space and Trails Board of Trustees to
guide the expenditure of those funds.
is
2. The Open Space and Trails Board of Trustees, has, on behalf of the Board of County
Commissioners,entered into a Real Estate Contract with the Dart Family Partnership, Ltd.,
a Colorado limited partnership, for the purchase of a conservation easement over the
it property owned by the Dart Family Partnership consisting of approximately 292 acres,
located along the Roaring Fork River in Pitkin County,Colorado(the"Dart Property").
3. The Dart Property contains significant open space, agricultural, scenic, historic and
ecological features, including critical wildlife habitat, consisting of elk and deer severe
winter range and critical habitat, excellent quality aquatic habitat and wetland and riparian
I ..i man,
NOW THEREFORE BE IT ORDAINED by the Board of County Commissioners of
Pitkin County,Colorado,that
L The Open Space and Trails Board of Trustees and the Board of County
L.1)
Commissioners of Pitkin County desire to purchase the Conservation Easement to
assure preservation of the critical open space, wildlife and aquatic habitat, and
ecological features of the Dart Property and to acquire limited public access to
portions of the Dart Property.
I
J 2. The Board of County Commissioners of Pitkin County hereby grants approval for
the acquisition of the Dart Property Conservation Easement for open space and trails
purposes under the terms and conditions provided in the Real Estate Contract
3. The Contract calls for the purchase of a Conservation FAsement to preserve 292
acres, more or less, of property along the Roaring Fork River for the sum of 51.40
million and provides for a credit against the purchase price for any funds received
by the Dart Family Partnership, Ltd., prior to or at closing, as a contribution toward
1 111111 11111 111111 111111 111 111111 III IIIII IIII IIII 5-&
r'xac:c+aradlRgRR QJ_4/?7/1901 1A 'a10 gp t ga arolat VT xwaa .I ale.®tt:»a. ::?.+sr.>Xs.-rr..w US.,tANr nt•«m.m.+neMagngegy nde
1 of 4 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO
•
1111111111111111111111111 111111111111111111111111111111 ATTACHMENT T
oof64 R 6 040.00/21/19D 90.00 N10.00DPITKIN C OUNTYICOI
2 the purchase of the conservation easement. The Rocky Mountain Elk Foundation
has agreed to contribute $20,000 toward the purchase of the Dart Property based
upon the Foundation's belief that preservation of the property will preserve critical
elk habitat, therefore reducing the price of the Conservation Easement to Pitkin
County to $1,380,000. The price represents a purchase of the Conservation
Easement for less than fair market value.
4. The Contract allows the owners of the Dart Property to retain the right to construct,
improve and/or renovate certain residential dwelling units and related improvements
within two (2) building envelopes of approximately six (6) acres each within the
terms specified by the Conservation Easement, and allows the continuation of
i , historic agricultural practices. The building envelopes are located in areas
historically used for residential and agricultural purposes, and their continued use
for such reasons will not adversely affect the conservation values to be protected by
the Conservation Easement and represent the best location for continued human
disturbance given the important ecological features covering the entire rest of the
i
Dart Property.
5. Any use or development of the Dart Property must still comply with the provisions
of the Pitki.n County Land Use Code and any other similar laws in effect at the time
any such development is proposed as well as all of the provisions of the
Conservation Easement.
6. The Conservation Easement allows limited public access to the Dart Property,
;: including managed fishing access to the Roaring Fork River, access to the BLM
lands known as Williams Hill for hunting purposes, access to the historic Wheatley
Cemetery for quiet contemplation and research, access up Wheatley Gulch to
adjacent public lands, and a non-commercial rafting and kayak rest point along the
Roaring Fork River. Public access will only be allowed, however, after Pitkin
County has established access points for such uses, with the exception of the
existing managed fishing access.
7. The Contract requires that the Conservation Easement be granted jointly to Pitkin
County and the Park Trust Ltd.,d/b/a the Aspen Valley Land Trust,as Co-Grantees.
8. All Transferable Development Rights (TDR's) appurtenant to the Conservation
Area will be forever extinguished.
iJ
9. The preservation of the natural features and values will yield substantial public
benefit, has significant ecological , agricultural and open space values as defined in
j Section 38-30.5-101, et. seq., Colorado Revised Statutes, and the Dart Property is
reasonably priced thereby qualifying for Open Space and Trails Program acquisition
I under established acquisition criteria.
i_.: 2
,1 111111 11111 111111 11111 1111 1E11 11111 111 013 1111 1111
404570 05/19/1997 12:58P ORDINRNCE 5-6
r at 2 ef„4 ,1 a 00 D titiqjtsfe
— -- -- -
199111111111111111911111111100 1111111111901 III 1101119111I I0(I ATTACHMENT 2 .
41583S 04/21/1998 10:31A ORDINANC DAVIS SILVI
3 of 4 R 0.00 D 0.00 N 0.08 PITKIN COUNTY CO
10. The Board authorizes its Chair and the Pitkin County Clerk and Recorder to,
respectively, execute and attest the Contract for Purchase and Sale of a Conservation
Fasement,the Deed of Conservation Fasement and associated addenda, and any and
all documents necessary to complete the transaction,subject to prior approval of the .
form of such documents by the County Attorney's Office, and upon
recommendation of approval of the Contract by the Open Space and Trails Board of
Trustees,and upon the terms and conditions set forth in the Contract.
INTRODUCED, FIRST READ AND SET FOR PUBLIC BEARING AT THE REGULAR
MEETING ON THE 9th DAY OF April, 1997.
NOTICE OF PUBLIC HEARING PUBLISHED IN THE ASPEN TIMES WEEKEND EDITION
ON THE 121I1.DAY OF April, 1997
APPROVED AND ADOPTED AFTER SECOND READING AND PUBLIC HEARING ON
THE &- DAY OF Asrt • , 1997.
jy el At
PUBLISHED AFTER ADOPTION IN THE ASPEN TIMES WEEKEND EDITION ON THE_22_
DAY OF may , 1997.
•
ATTEST: BOARD OF CO COMMISSIONERS
OF PITKIN CO' ,COLORADO
/1
•
Litt"
J ette Jones, W": • Turte
Deputy Clerk and Recorder Chairman
_ 1 Date: .vit141
J
1 1111111 11111 11110illlii 11111 11111 11111 I U 1 1111
404570 05/19/1997 12:58P ORDINANCE
3 of 4 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CLERK
3
l
1 111111 11111 111111 111111111 111111 001011 111 0111101011111 �j
415858 04/21/1998 10:319 ORDINANC DAVIS SILVI ATTACHMENT 2a
4 of 4 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO
APPROVED AS TO FORM: MANAGER APPROVAL:
. eAmb. • it
Deborah uinw S a Kon PI
Assistant County Attorney Conn Manager
RECOMMENDED FOR ADOPTION:
J:a a Ellen Hamilton,CEO
•. Space and Trails
Li
,
Li
y
1
€ i 11111111111111111111111111111111111111111111111111 11111
404570 05/19/1997 12158P ORDINANCE
' 4 of 4 R 0.90 D 0.00 N 0.00 PITKIN COUNTY CLERK
iWi 4
lJ r�
RECEPTION#: 602571, 08/16/2013 at 09:40:38 AM, 1 OF 29, R $151.00
Janice K. Vos Caudill, Pitkin County, CO
AMENDMENT TO THE
DEED OF CONSERVATION EASEMENT
FOR lilt DART FAMILY PARTNERSHIP LTD.PROPERTY
This AMENDMENT TO THE DEED OF CONSERVATION EASEMENT �day of
•
("Amen a to the Conservation Easement")is made and entered into this S
Aug,c a by and between the DART FAMILY PARTNERSHIP LTD.,a Colorado
limited partnership("Grantor")and the BOARD OF COUNTY COMMISSIONER OF
PITKIN COUNTY("the County")AND THE PARK TRUST LIMITED d/b/a The
ASPEN VALLEY LAND TRUST(AVLT)as co-grantees(AVLT and the County are
hereinafter collectively referred to as the"Grantee"). This Amendment to the
• Conservation Easement is to clarify the original DEED OF CONSERVATION
EASEMENT dated May 14, 1997 and recorded November 13, 1997 at Reception
Number 410590 with the Pitkin County Clerk's Office with an exhibit map and to further
restrict the property with a limit on home size for the two existing lots.
• RECITALS
WHEREAS,the DART FAMILY PARTNERSHIP LTD.,Grantor,is the record
owner of the certain real property located in Pitkin County,Colorado,consisting of 276
acres,more or less,which is more fully described in Exhibit A attached hereto and
incorporated by this reference(the"DART PROPERTY");and
WHEREAS,there is a DEED OF CONSERVATION EASEMENT recorded at
Reception Number 410590 with the Pitkin County Clerk and Recorder's Office(DEED
OF CONSERVATION EASEMENT)which this document amends;and •
WHEREAS,the original DEED OF CONSERVATION EASEMENT
contemplated modifications of the Dart Property development envelopes as part of the
Pitkin County approval process,therefore this AMENDMENT of the DEED OF
CONSERVATION EASEMENT is required and was anticipated as part of that original
DEED OF CONSERVATION EASEMENT;and
WHEREAS,the Modification to Building Envelope for Parcel 2 Development
Envelope of Dart Parcel:Wheatley Tracts Stforgemolowftleti.Parcel 2(see Exhibit B)
clearly depicts a 1.464 acre area to removed from the building envelope for Parcel 2 and
a 1.464 acre area to be added to the building envelope for Parcel 2.Said map is Cs-
!- & e1i,c4,.QS
WHEREAS,the modification proposed in Exhibit B is consistent with the
modifications to the Dart property development envelopes contemplated in the original
DEED OF CONSERVATION EASEMENT recorded at Reception Number 410590 with
the Pitkin County Clerk and County Recorder's Office;and
RECEPTION#: 602571, 08/16/2013 at 09:40:38 AM, 2 OF 29,
Janice K. Vos Caudill, Pitkin County, CO
WHEREAS,there is also a DEVELOPMENT AGREEMENT for the Dart
Property approving certain development parameters for the Dart Property;and
WHEREAS,there is a Wheatley Tracts Subdivision Exemption Plat A.K.A Dart
Family Partnership Parcel(see Exhibit C);a 1041 Hazard Review Site Plan For:
Wheatley Tract I A.K.A as Dart Family Partnership 1041 Hazard Review
approved and recorded by Pitkin County(see Exhibit D); 1041 Hazard Review Site Plan
For.Wheatley Tract 2 A.ICA as Dart Family Partnership 1041 Hazard Review(see
Exhibit E);and
WHEREAS,this amendment is more restrictive than the DEED OF
CONSERVATION EASEMENT which this is amending;and
WHEREAS,this amendment does not confer benefit to the Owner,but instead
provides a restriction on the total floor area of the improvements which can be developed
within the building envelopes on each of the two lots on the Dart Property.
CONVEYANCE
NOW,THEREFORE,for and in consideration of the facts recited above and of
the mutual covenants contained herein,the Grantor hereby modifies through this
Amendment,the recorded DEED OF CONSERVATION EASEMENT for the Dart
Property with the addition of the following:
1. Paragraph 5 of the DEED OF CONSERVATION EASEMENT is amended to
include the following. The single family development in the building envelopes 1 and 2
shall each be limited in size to 8,250 square feet of floor area,calculated at time of
building permit pursuant to the Land Use Code as further defined in the development v.
approvals granted by Determination of the Hearing Officer of the Community
Development Department of Pitkin County,Colorado,Approving the Dart Family
Partnership 1041 Hazard Review,Special Review and GMQS Exemption for Additional
Floor Area and a CDU,GMQS Exemption for a Replacement Unit and a Historic
Incentive for an Additional Dwelling Unit,Determination No 42-2006 recorded at
Reception#529605(see Exhibit F)and Determination of the Hearing Officer of the
Community Development Department of Pitkin County,Colorado,Amending
Determination No.42-2006,the Dart Family Partnership 1041 Hazard Review,Special
Review and GMQS Exemption for Additional Floor Area and A CDU,GMQS
Exemption for a Replacement Unit and a Historic Incentive for An Additional Dwelling
Unit,Determination No. 10-2007 recorded at Reception# 537126(see Exhibit G).
However,Grantor shall have the right to apply for a larger home size within either
building envelope. Such a request will be reviewed pursuant to applicable Land Use
Code criteria. This ability resides with the Grantor,its successor,assigns or any other
legal entity in legal ownership or possession of the property. If a residential dwelling unit
larger than 8,250 square feet(excluding the floor area of the historic structures) is
approved for either building envelope then the resulting total residential floor area for
6o
RECEPTION#: 602571, 08/16/2013 at 09:40:38 AM, 3 OF 29,
Janice K. Vos Caudill, Pitkin County, CO
building envelopes 1 and 2 may not exceed a combined total of 15,000 square feet
(excluding the floor area of the historic structures).
2. The legal description attached as Exhibit A to the DEED OF CONSERVATION
EASEMENT is replaced by Exhibit A hereto. The maps attached to the DEED OF
CONSERVATION EASEMENT labeled as Exhibit B are hereby replaced with Exhibits
B,C,D and E hereto to effectuate the following changes; I)to more accurately depict the
property boundaries;and 2)to modify the boundaries of Building Envelope 2;and 3)to
recognize that the resulting boundaries of the parcels created by the subdivision
contemplated in Paragraph 5 of the DEED OF CONSERVATION EASEMENT.
3. Except as expressly provided herein,no other modifications or amendments to the
DEED OF CONSERVATION EASEMENT are implied or intended herein.
IN WITNESS WHEREOF,GRANTOR AND GRANTEE have executed this
Amendment to the DEED OF CONSERVATION EASEMENT as of the day and year
first above written.
ATTEST: GRANTEE:
BOARD OF COUNTY
COMMISSIONERS
OF PITKIN CO t ,
•
COLORADO
,• 7 e .
J-• ette Jones Chairm. ,DO CT
puty Clerk an. Recorder DATE: a 1a
APPROVED_ Ac T - oR1&
n w c
Ce ,CM
County tfie /
j •—dV�MV--�:'� A 2.121�M'�C--L U IRa.
AEC' %END FdOVAL:
1 �
Dalr ill,Chief Executive Officer
Open Space and Trails
RECEPTION#: 602571, 08/16/2013 at 09:40:38 AM, 4 OF 29,
Janice K. Vos Caudill, Pitkin County, CO
APPROVED AS TO CONTENT:
Chair,Open Space and Trails d of Trustees ffaidk 6rC�
GRANTEE:
PARK TRUST,LTD B//A ASPEEN VALLEY LAND TRUST:
By: i 117Gt �:t (0 CGUCLy�
President
GRANTOR
DART FAMILY ' • 'TNERSHIP LTD.
A COLORA IIM D PARTNERSHIP
By: .40/.c•at��
Paul Dart as General Partner of Dart Family Partnership Ltd.
STATE OF COLORADO
COUNTY OF Boulder
(y-41
The foregoin,P�instrument was acknowledged before me this f day of
�u ,2009 by C.W. l�,t,a.-r—.General partner of the Dart Family
Partnership, f,OJ a Colorado Limited partnership.
Witness my hand and official seal.
My commission expires: G -2k-_7e / Z
Ca
NO •RY PUBLIC
And B \4i,
Ianneli C.Dart as General Partner of Dart Family Partnership Ltd.
STATE OF COLORADO
COUNTY OF Boulder
JEAN A.WOOD
NOTARY PUBLIC
STATE OF COLORADO
My Commission bones 0628/21512
RECEPTION#: 602571, 08/16/2013 at 09:40:38 AM, 5 OF 29,
Janice K. Von Caudill, Pitkin County, CO
The foregoingjinstrument was acknowledged before me this 7 day of
Ai; ,2009 by W i2.. c .General partner of the Dart Family
?armeeship,a Colorado Limited partnership.
Witness my hand and official seal.
My commission expires: U,
JEAN A.WOOD
NOTARY PUBLIC / r'J 1/
STATE OF COLORADO __it, 4'r vlJ
My Cammskn Expires
NO ARY PUBLIC
And By
Peter J.Dart as General Partner of Dart Family Partnership Ltd
STATE OF MONTANA
COUNTY OF MISSOULA
This instrument was acknowledged before me on -WIGL,.I I L ,2009 by Peter J Dart
as General Partner of Dart Family Partnership,LTD.
SAbr;nR ��L\.v/
(type or print name) / SAan1+FETn
Norumrwcwxa
v+A
HINn'rAalA0z
Notary public for the State of Montana Via, SEAL '"qOiq Y'1 todokaao
.t rx„,„,t ms's
Residing at ;S so'Ar A. as •
My commission expires rrk)n 70. -1 120 t3
List of Exhibits
A: Dart Family Partnership LTD.Legal Description
B: Modification to Building Envelope for Parcel 2 Development Envelope of Dart
Parcel:Wheatley Tracts iltSighaseaDj Parcel 2
C: Wheatley Tracts�MM qq P - - '.K.A.Dart Family
Partnership Parcel
43
RECEPTION#: 602571, 08/16/2013 at 09:40:38 AM, 6 OF 29,
Janice K. Vos Caudill, Pitkin County, CO
D: 1041 Hazard Review Site Plan For:Wheatley Tract 1 A.K.A as Dart Family
Partnership 1041 Hazard Review
E. 1041 Hazard Review Site Plan For:Wheatley Tract 2 RICA as Dart Family
Partnership 1041 Hazard Review
K Determination of the Hearing Officer of the Community Development
Department of Piticin County,Colorado,Approving the Dart Family Partnership
1041 Hazard Review,Special Review and GMQS Exemption for Additional
Floor Area and a CDU,GMQS Exemption for a Replacement Unit and a Historic
Incentive for an Additional Dwelling Unit,Determination No 42-2006 recorded at
Reception#529605
G. Determination of the Hearing Officer of the Community Development
Department of Pitkin County,Colorado,Amending Determination No 42-2006,
the Dart Family Partnership 1041 Hazard Review,Special Review and GMQS
Exemption for Additional Floor Area and A CDU,GMQS Exemption for a
Replacement Unit and a Historic Incentive for An Additional Dwelling Unit,
Determination No. 10-2007 recorded at Reception# 537126
Saved as:Dart Amendment to Conservation Easement with Dale's Changes April 21,2009
Changes
V
RECEPTION#: 602571, 08/16/2013 at 09:40:38 AM, 7 OF 29,
Janice K. Vos Caudill, Pitkin County, CO
Exhibit A
Dart Family Partnership LTD.
Legal Description
A PARCEL OF LAND SITUATED IN SITUATED IN A PORTION OF TRACTS 72
AND 73,LOTS 15,&16,SECTION 27&LOT 16,SECTION 26,TOWNSHIP 8
SOUTH,RANGE 86 WEST OF THE SIXTH PRINCIPAL MERIDIAN,SAID
PARCEL OF LAND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT ANGLE POINT NO.4 OF SAID TRACT NO.73 ALSO BEING
ANGLE POINT NO.3 OF TRACT NO.72;THENCE
S 00°05'25"W,A DISTANCE OF 210.00 FEET TO A POINT IN THE CENTER OF
THE ROARING FORK RIVER;THENCE ALONG SAID CENTER THE
FOLLOWING TWO(2)COURSES:
I)N 43°54'35"W,70.18 FEET;
2)N 73°06'35"W, 141.98 FEET TO A POINT ON THE BOUNDARY LINE OF SAID
TRACT 72;THENCE N 00°07'18"E ALONG SAID BOUNDARY LINE,A
DISTANCE OF 120.00 FEET TO ANGLE POINT 4 OF SAID TRACT 72;THENCE
ALONG THE SOUTHERLY BOUNDARY LINE OF SAID TRACT 73 N 89°39'35"W,
A DISTANCE OF 2,530.94 FEET TO A POINT ON THE NORTHERLY RIGHT-OF-
WAY OF STATE HIGHWAY NO.82;THENCE ALONG SAID RIGHT-OF-WAY
THE FOLLOWING FIFTEEN(15)COURSES:
1)N 73°3720"W,32.45 FEET;
2)N 56°48'32"W,34.57 FEET;
3)A DISTANCE OF 231.06 FEET ALONG THE ARC OF A NON TANGENT CURVE
TO THE LEFT HAVING A RADIUS OF 766.30 FEET AND A CENTRAL ANGLE OF
17°16'35"(CHORD BEARS N 82°16'02"W,A DISTANCE OF 230.19 FEET);
4)S 89°05'40"W,250.10 FEET;
5)A DISTANCE OF 200.28 FEET ALONG THE ARC OF A CURVE TO THE RIGHT
HAVING A RADIUS OF 1,382.57 FEET AND A CENTRAL ANGLE OF 08°17'59"
(CHORD BEARS N 86°45'21"W,A DISTANCE OF 200.10 FEET);
6)N 82°3617"W,376.60 FEET;
7)A DISTANCE OF 268.52 FEET ALONG THE ARC OF A NON TANGENT CURVE
TO THE RIGHT HAVING A RADIUS OF 905.00 FEET AND A CENTRAL ANGLE
OF 17°00'00"(CHORD BEARS N 74°06'19"W,A DISTANCE OF 267.54 FEET);
8)N 65°36'20"W,236.00 FEET;
•
9)A DISTANCE OF 174.15 FEET ALONG THE ARC OF A NON TANGENT CURVE
TO THE LEFT HAVING A RADIUS OF 1,005.03 FEET AND A CENTRAL ANGLE
OF 09°55'42"(CHORD BEARS N 70°34'13"W,A DISTANCE OF 173.94 FEET)
10)N 12°16'10"E,52.42 FEET;
11)N 84°52'32"W,319.40 FEET;
5
.
RECEPTION#: 602571, 08/16/2013 at 09:40:38 AM, 8 OF 29,
Janice K. Vos Caudill, Pitkin County, CO
12)S 01°57'14"E,49.38 FEET;
13)A DISTANCE OF 19.58 FEET ALONG THE ARC OF A NON TANGENT CURVE
TO THE LEFT HAVING A RADIUS OF 1005.03 FEET AND A CENTRAL ANGLE
•
OF 01°0659"(CHORD BEARS S 86°16'16"W,A DISTANCE OF 19.58 FEET);
14)S 85°41'50"W,463.40 FEET;
IS)N 78°5858"W, 187.43 FEET;THENCE LEAVING SAID RIGHT-OF-WAY N
43°48'22"E,A DISTANCE OF 227.56 FEET TO A POINT IN THE CENTER OF SAID
RIVER;THENCE ALONG THE CENTER OF SAID RIVER THE FOLLOWING
THREE(3)COURSES:
I)N 22°18'33"W,109.31 FEET;
2)N 41°0159"W,203.48 FEET;
3)N 59°37'04"W,78.29 FEET TO A POINT ON THE BOUNDARY LINE OF SAID
TRACT LINE 73;THENCE ALONG SAID BOUNDARY LINE N 00°00'59"E,A
DISTANCE OF 532.58 FEET TO ANGLE POINT 2 OF SAID TRACT 73 ALSO
BEING THE SOUTHWEST CORNER OF GOVERNMENT LOT 16;THENCE
LEAVING SAID BOUNDARY LINE AND ALONG THE WESTERLY LINE OF
SAID GOVERNMENT LOT N 00°08'11"W,A DISTANCE OF 794.97 FEET TO THE
NORTHWEST CORNER OF SAID GOVERNMENT LOT;THENCE ALONG THE
NORTH LINE OF SAID GOVERNMENT LOT S 89°45'29"E,A DISTANCE OF 81.84
FEET TO THE NORTH 1/4 CORNER OF SAID SECTION 27;THENCE ALONG THE
NORTH SECTION LINE OF SAID SECTION 27 S 89°17'46"E,A DISTANCE OF
2,644.04 FEET TO THE SECTION CORNER COMMON TO SECTIONS 22,23,26,&
27;THENCE N 89°21'13"E ALONG THE NORTH SECTION LINE OF SAID
SECTION 26,A DISTANCE OF 2628.97 FEET TO THE NORTH 1/4 CORNER OF
SAID SECTION 26;THENCE CONTINUING ALONG SAID NORTH SECTION
LINE OF SAID SECTION 26 N 89°44'08"E,A DISTANCE OF 1332.60 FEET TO A
POINT ON THE EASTERLY BOUNDARY LINE OF SAID TRACT 72;THENCE
&ALONG SAID EASTERLY BOUNDARY LINE S 00°40'09"W,A DISTANCE OF
868.10 FEET TO ANGLE POINT 3 OF TRACT 71;THENCE LEAVING SAID
EASTERLY BOUNDARY LINE AND ALONG THE NORTHERLY BOUNDARY
LINE OF SAID TRACT N 88°13'21"W,A DISTANCE OF 1,120.77 FEET TO ANGLE
POINT 1 OF SAID TRACT 73 AND ANGLE POINT 2 OF SAID TRACT 72;THENCE
LEAVING SAID NORTHERLY BOUNDARY LINE AND ALONG THE WESTERLY
LINE OF SAID TRACT 72 S 00°12'08"W,A DISTANCE OF 1,315.14 FEET TO THE
POINT OF BEGINNING.
EXCEPTING THAT PROPERTY DESCRIBED FOR THE WHEATLEY CEMETARY,
BOOK 189 AT PAGE 384
CONTAINING 12,045,677 SQUARE FEET OR 276.536 ACRES,MORE OR LESS.
AND AS SHOWN ON THE FINAL PLAT OF WHEATLEY TRACTS SUBDIVISION
EXEMPTION PLAT
2
l5' V
YOOIPI[ATION TO BUILDING ENVELOPE FOR PARCEL 2 DEVELOPMENT ENVELOPE OP
DART PARCEL: WHEATLEY TRACTS SUB. EXEMPTION PLAT, PARCEL 2 '
A PARCEL OF LAND SITUATED IN A PORTION OF TRACT 73,
LOTS 15. & 16, SEC. 27 & LOTS 14, 15, & 18 ---------.,,r--
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COUNTY OF PITKIN, STATE OF COLORADO
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RECEPTION#: 602571, 08/16/2013 at 09:40:38 AM, 14 OF 29,
Janice K. Vos Caudill, Pitkin County, CO 529605
xh6 ,+ F IIIIIIIIII 11111111111111 01011 ag: 1of03:51
•
JANICE K VOS CAUDILL P1IKIN COUNTY CO R 0.00 0 0.00
DETERMINATION OF THE HEARING OFFICER OF THE COMMUNITY DEVELOPMENT
DEPARTMENT OF PITKIN COUNTY,COLORADO,APPROVING THE DART FAMILY
PARTh''ERSHIP 1041 HAZARD REVIEW,SPECIAL REVIEW AND GMQS EXEMPTION FOR
ADDITIONAL FLOOR AREA AND A CDU,GMQS EXEMPTION FOR A REPLACEMENT
UNTT AND A HISTORIC INCENTIVE FOR AN ADDITIONAL DWELLING UNIT
Determination No. 2006
RECITALS •
1. Dart Family Partnership("Applicants")have applied to the Pitkin County Hearing Officer("Hearing
Officer")for 1041 Hazard Review,Special Review&GMOS Exemption for Incentives for Preservation
of Historic Structures,Development Utilizing TDRs for Additional Floor Area&CDU approval to
establish two building rights on what will become two 141-acre parcels.
2. The parcel is located at 0964 Lower River Road,and is more specifically described in Exhibit A.
3. The parcel contains approximately 282 acres and is a conforming size parcel in the AFR-10 zone
district.
4. The Hearing Officer considered this application at a duly noticed public hearing on August 29,2006,at
which time evidence and testimony were presented with respect to this application. The application was
then continued to September 6,2006 for a site visit and further discussion. The application was ,
continued again to September 19,2006.
5. The Applicant submitted a complete application prior to July 6,2006,therefore,the application is
being considered pursuant to the 1994 Land Use Code,as amended.
6. The Hearing Officer finds that the proposed building envelopes are located on slopes of less than 30%,
and that the wildfire hazard is rated as low and can be mitigated.
7. The Hearing Officer further finds that the property is included on the Pitkin County Historic Inventory,
and,therefore,is eligible for one additional dwelling unit of up to 5,750 square feet of floor area
exempt from Growth Management as provided for in Pitkin County Land Use Code Section 9-110-
043.
NOW THEREFORE BE IT RESOLVED by the Hearing Officer that it does hereby approve
the Dart Family Partnership 1041 Hazard Review,Special Review&GMQS Exemption for Incentives for
Preservation of Historic Structures,Development Utilizing TDRs for Additional Floor Area&a CDU,and a
GMQS Exemption for a Replacement Unit,subject to the following conditions,which shall run with the
land and be binding on all successors in interest.
1. Prior to submission of any future building permit applications,the Applicant shall he required to
submit for approval by the County Attorney and Community Development,a Site Plan in accordance
with Land Use Code Section 5-70-040,which shall depict the envelopes.The above referenced
approvals shall be a condition precedent to finalization and recordation.
2. Prior to issuance of any building permits for the new residence,the Applicant shall:'
•
/7 y
RECEPTION#: 602571, 08/16/2013 at 09:90:38 AM, 15 OF 29,
Janice K. Vos Caudill, Pitkin County, CO 8
01010 101 111111 I III III II 5 99606 03:51
Hearing Officer Determination No. -2006 Jgn¢E K vos caWrtL P1TKlx COUNTY co R 0.00 0 0.00
Page 2
A. Complete a fireplace/woodstove registration form with the Community Development
Department,if necessary.
B. Obtain a County access/driveway permit.
C. Submit a drainage and erosion control plan for review and approval by the County Engineer.
D. Submit a construction management plan for review and approval by the County Engineer
showing the locations of staging,material storage and employee and construction traffic parking.
E. Pay the applicable road and housing impact fees.
•
3. The Applicant shall comply with the following to mitigate impacts on wildlife:
•
A. Dogs shall be prohibited. Notwithstanding the prohibition set forth herein,the dog known as
Bacchus,that is presently owned by the applicant's caretaker,may remain on the property as
long as the applicant retains ownership of either Lot.
B. Prior to issuance of any building permits on either Lot,the Applicant shall provide a fencing plan
for areas to the north of the Rio Grande Trail. Any fencing outside of the building envelopes
shall comply with the wildlife fencing standards in the Land Use Code. Prior to the issuance of a
building permit,the Applicant shall upgrade existing fencing on the parcel to Pitkin County and
CDOW standards.
C. Install and use approved bear-proof trash containers as required by the County.
D. Maintain native vegetation outside of the building envelope.
E. Avoid fruit-bearing trees and shrubs in any landscaping. Haystacks shall be fenced with 8'mesh •
game-proof fencing. •
F. No riparian or wetland vegetation shall be damaged or removed as per Section 3-80.80(G)(3)of
the Land Use Code.
4. The Applicant shall comply with the following landscaping and wildfire defensible space mitigation
•
standards:
A. Vegetation shall be reduced to break up the vertical and horizontal continuity of the fuels a •
•
minimum of a 30 foot perimeter around all structures.
B. Spacing between chimps of brush and vegetation within the 30 foot perimeter shall be a minimum
•
of two times the height of the fuel. Maximum diameter of the clumps shall be two times the height
of the fuel. All measurements shall be from the edges of the crowns of the fuel.
C. All branches from trees and brush within the 30 foot perimeter shall be pruned to a height of 10 feet
above the ground and ladder fuels from around trees and brush shall be removed.
D. Tree crown separation within the 30 foot perimeter shall have a minimum of 10 feet between the
edges of the crowns.
•
E. All branches that extend over the roof eaves shall be trimmed and all branches within 15 feet of the
chimneys shall be removed.
F. Low vegetation(less than 6 inches in height)shall be maintained within a 10 foot perimeter around
all structures. •
G. The Applicant shall be responsible for the continued maintenance of the defensible space vegetation
requirements.
5. The Applicant shall comply with the following additional wildfire mitigation standards:
•
•
23
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l�
Hearing Officer Determination No._a-2006 ,III II1I11111II,It 111 II II 111111 all III 00160 ea:0.00 0 too
Page 3
A. Roofs shall be constructed with a Class A roof covering or a Class A assembly as defined in the
International Building Code(IBC)Section 1505.2. Wood shake/shingle roof coverings are
prohibited. Roofs with less than a 3:12 pitch are not permitted unless they comply with the
following:
1) MI roof coverings shall be noncombustible 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 the
roof.
3) MI roof designs shall facilitate the natural process of clearing roof debris. Protrusions above
the roofline,such as parapets,shall he prohibited.
4) Roofs shall be installed as required by the adopted building code and shall have a minimum
slope of 1:48.
5) MI roof designs,coverings,or equivalent assemblies shall be specifically approved by the Fire
Marshal prior to submittal of a building permit application.
B. Vents shall be screened with corrosive resistant wire mesh with mesh'/a inch maximum.
C. Roofs and gutters shall be kept clear of debris.
D. Yards shall be kept clear of all litter,slash,and flammable debris.
E. All flammable materials and firewood/wood piles shall be stored on a parallel contour a minimum
of 15 feet away from any structure.
F. Swimming pools or ponds shall be accessible to Fire Department vehicles.
G. Fences shall be kept clear of brush and debris.
H. Wood fences shall not connect to the structure.
I. Fuel tanks shall be installed underground with an approved container.
.1. Propane tanks shall be installed according to NFPA 48 standards and on a contour away from the
structure with standard defensible space vegetation mitigation around any above-ground tank Any
wood enclosure around the tank shall be constructed with materials approved for 2 hour fire-
resistive construction on the exterior side of the walls.
K. Each structure shall have a minimum of one 10 pound approved ABC fire extinguisher placed in a
visible and accessible location.
L Addresses shall be clearly marked with 2 inch non-combustible letters and shall be visible and
installed on a non-combustible post. •
M. New utility lines shall be buried within the driveway.
6. No development,including grading,excavation,fill placement,berming,landscaping,vegetation
removal or disturbance or septic system shall occur outside of the approved building/development
envelope,with the exception of required wildfire mitigation and the consistent uses allowed per the
conservation easement as outlined on pages B and 9 of the recorded casement(Reception No.410590).
All structures must be located within the designated building envelopes,including hay barns.
7. Prior to commencement of any earthmoving or construction activity,the Applicant shall stake the
corners of the building and other envelopes and install construction fencing around the perimeter of
the envelopes. The fencing shall remain in place for the duration of the construction.
8. The Applicant shall comply with all codes and requirements of the Basalt Rural Fire Protection District.
A sprinkler system shall be installed in all residential structures if required by the District. •
9. All areas disturbed by construction shall be revegetated within one growing season of the project's
completion.
•
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Janice K. Vos Caudill, Pitkin County, CO
Hearing Officer Determination No.y,-2006 II Ili II III I II I I II II III II 029606 03:51
Page 4 JANICE K VOS CWUDILL PIT5IN COUNTY CO R 0.00 0 0.00
10.The caretaker dwelling unit on Lot 1(Wheatley Schoolhouse)shall be limited to 1,000 net livable
square feet and the kitchen shall contain a minimum of a two burner stove with oven,standard sink,and
at least a 6 cubic foot refrigerator plus freezer. A minimum of one off-street parking spar/.shall be
provided for the unit.
11. Prior to submission of any building permits for the caretaker unit,the Applicant shall obtain and the
Housing Office shall record a caretaker dwelling unit deed restriction. Actual floor plans of the unit
shall be submitted to the Housing Office with the deed restriction.
12. Prior to issuance of a Certificate of Occupancy for the caretaker dwelling unit,the Housing Office shall
inspect the unit.
13. Prior to the issuance of a Certificate of Occupancy,the Applicant shall construct a minimum 5,000
gallon water storage tank(or other approved storage mechanism)within 100 feet of the principal
residences,and they shall be accessible through the use of a hydrant meeting the policies of the
Basalt and Rural Fire Protection District(B&RFPD). All structures shall be sprinkled.
14.The driveway access to the building envelope shall be a minimum width of 16 feet with an all
weather surface capable of handling the imposed loads of a 60,000 lb.fire apparatus.
15.The exterior of the residence shall be finished in the natural earth tones of the immediate vicinity,as
represented in the application. Roof and siding materials shall be non-reflective. Color and material
samples shall be provided to Community Development for approval prior to issuance of building
permits.
16. Lot 1 shall be granted the right to utilize a TDR to go to a maximum of 8,250 square feet,excluding
the existing historic structures,as defined by the Code at the time,per this approval,and with no
further review. If the Applicant requests to exceed the 8,250 sq.ft.limit on Lot I,then the Applicant
shall be required to utilize an additional TDR or additional TDRs and to submit a Site Plan Review
pursuant to Sections 2-30-20.g.2(Site Plan),7-10-50(Site Plan),7-20-20.e(Grading),7-20-30(Water
Courses and Drainage),7-20-120(d&e)(Standards for Scenic View Protection Areas),7-20-130
(landscaping and Vegetation Protection)of the new Code adopted on July 5,2006. Notwithstanding
the language in 7-20-30,the requirements of 7-20-40 and 7-20-80 and Table 5.1,as it relates to
stream set backs,shall not apply to this review. As part of the Review,the Applicant shall submit a
landscaping plan and architectural renderings.Under no circumstances shall the floor area on the Lot
exceed 13,250 square feet,not including exempt barns,but including existing historic structures.
17. The new residence on Lot 2 maybe constructed to 5,750 square feet,not including exempt barns or
the existing historic structures. Lot 2 shall be granted the right to utilize a TDR to go to a maximum •
of 8,250 square feet,including the existing historic structures,as defined by the Code at the time,per
this approval,and with no further review. If the Applicant requests to exclude the historic structures
from the previous limitation or to exceed the 8,250 sq.ft.limit on Lot 2,then the Applicant shall be
required to utilize an additional TDR and to submit a Site Plan Review pursuant to Sections 2-30-
20.g.2(Site Plan),7-10-50(Site Plan),7-20-20.e(Grading),7-20-30(Water Courses and Drainage),7-
20-120(d&e)(Standards for Scenic View Protection Areas),7-20-130(Landscaping and Vegetation
Protection)of the new Code adopted on July 5,2006. Notwithstanding the language in 7-20-30,the
•
l
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Janice K. Vos Caudill, Pitkin County, CO
Hearing Officer Determination No. EA-2006 411410111110011111110529605 9003:5,
JAN CEKV CAW eNCOUNTYOROO
Page 5
requirements of 7-20-40 and 7-20-80 and Table 5.1,as it relates to stream setbacks,shall not apply to
this review. As part of the Review,the Applicant shall submit a landscaping plan and architectural
renderings.Under no circumstances shall the floor area on the Lot exceed 10,750 square feet,not
including exempt barns and historic structures.
18. At time of building permit submittal for either Lot,Applicant shall submit to Community
Development executed,irrevocable certificates of TDRs and a recorded deed evidencing the sale or
transfer of the certificates to the Lot owner.
19. Prior to the submission of a building permit the Applicant shall record a covenant in a form acceptable
to the County Attorney in which the Applicant agrees to maintain the historic structures and limits
future expansion of the historic structures.
20. Prior to the issuance of a building permit,the Historic Preservation Officer of Pitkin County shall
review the location of the new structures as they relate to the Historic buildings.
21. Prior to the submittal of a building permit,the Applicant shall amend the Conservation Easement
through the appropriate Board approvals to reflect the amended building envelope for Lot 2.
22. Failure to comply with these conditions of approval may result in revocation of this permit or any
subsequent permits related to this property or vested rights associated with this property.
23. The Applicant shall adhere to all material representations made in the application and shall consider
those representations to be conditions of approval,unless amended by other conditions.
24. 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,§4-140 and C.R.S.,§24-68-105. The statutory vested rights granted herein shall expire on
September 29,2009.
76
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Janice K. Vos Caudill, Pitkin County, CO
•
Hearing Officer Determination No.14,2-2006
Page 6
IIII ICI III IeIIII I III VIII II IIiIIII VIII I IIIIII 0.00
Page: @ of 8
0 3:51
NOTICE OF PUBLIC HEARING PUBLISHED IN THE ASPEN TIMES WEEKLY on the •
23'3 day of July,2006.
APPROVED AND ADOPTED this 19iE day of September,2006.
•
PUBLISHED AFTER ADOPTION FOR VESTED REAL PROPERTY RIGHTS in the
Aspen Times Weekly on the Ls day of 1 ,2006 •
COMMUNITY DEVELOPMENT
DEPARTMENT HEARING OFFICER
OF PITKIN COUNTY,COLORADO •
•
•
ATTEST: HEARING OFFICER OF PITKIN •
COU ,COLORADO
onnie Waechtler, .mes R.True,
Administrative Assistant Hearing Officer
•
Date: Q/9/o 62
•
•
APPROVED AS TO FORM APPROVED AS TO CONTENT:
/
A . : a
John Ely, Cindy Houben,
Cou • At• •y Community Development Director •
Case#P087-06
•
PID#246726200002
•
•
•
•
2 .
•
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Janice K. Vos Caudill, Pitkin County, CO •
11111111111 III 111111 I 111 III 57: 9,6 72 :S. :3:51 •
JANICE K VOl CAUDILL PITKIII=My CO R 0.00 0 0.00 Our Order No: Q387183
LEGAL DESCRIPTION
•
PARCEL 1: -
TRACT 73(ALSO KNOWN AS DESCRIBED AS LOTS 5 AND 6),LOTS 14.15, 16, SECTION
26.AND TRACT 73(ALSO DESCRIBED AS LOT 6)AND LOTS 15 AND 16, SECTION 27,
• TOWNSHIP 8 SOUTH,RANGE 86 WEST OF THE SIXTH PRINCIPAL MERIDIAN, TOGETHER WITH
ALL DITCHES,DITCH AND WATER RIGHTS APPURTENANT THERETO.
•
EXCEPTING THAT CERTAIN TRACT OF LAND LOCATED IN SECTION 26, BEING A PART OF
TRACT 73.IN TOWNSHIP 8 SOUTH,RANGE 86 WEST OF THE SIXTH PRINCIPAL MERIDIAN,
BEING MORE FULLY DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT WHENCE CORNER 4 OF TRACT 72.TOWNSHIP 8 SOUTH,RANGE 86
WEST(WHICH IS A BRASS CAP MARKED TR73;AP4 718.72;526; 1928)BEARS SOUTH 76
DEGREES 3610 EAST 1554.97 FEET;
THENCE SOUTH 89 DEGREES 44'WEST 207.15 FEET;
THENCE NORTH 6 DEGREES 10'EAST 129.00 FEET TO THE SOUTH RIGHT-OF-WAY LINE OF A
ROAD;
THENCE SOUTH 87 DEGREES 27'EAST 190.15 FEET ALONG SAID RIGHT-OF-WAY
LINE:
THENCE SOUTH 1 DEGREES 36'EAST 118.86 FEET TO THE POINT OF
• BEGINNING. •
EXCEPTING HEREFROM ALL EASEMENTS AND RIGHTS OF WAY OF RECORD AND THE TRACT OF
LAND ENCLOSED AND USED FOR CEMETERY-PURPOSES KNOWN AS THE 'WHEATLEY CEMETERY,'
•
TOGETHER WITH A STRIP OF LAND TEN FEET WIDE ON THE NORTH SIDE AND A STRIP OF
LAND TEN FEET WIDE ON THE SOUTH SIDE OF THE FENCES ENCLOSING SAID CEMETERY,
BEING A TRACT OF LAND APPROXIMATELY 50 FEET BY 35 FEET,AND A PRIVATE
RIGHT-OF-WAY 15 FEET IN WIDTH TO AND FROM SAID CEMETERY EXTENDING FROM THE
SOUTH SIDE OF SAID CEMETERY TO THE COUNTY ROAD.
EXCEPTING A RIGHT-OF-WAY AS MAY BE NECESSARY TO DRIVE CATTLE FROM THE COUNTY
ROAD NORTHERLY ALONG THE COURSE OF WHEATLEY GULCH TO THE U.S.FOREST LAND LYING
• NORTHERLY OF SAID DESCRIBED PROPERTY,PROVIDING,HOWEVER.THE USE OF THIS
EASEMENT SHALL BE LIMITED TO THE DRIVING OF RANGE CATTLE ONTO SAID FOREST LAND.
AND TO USES INCIDENTAL THERETO,AND PERTAINING TO THE CARE OF SAID CATTLE
DURING THE TIME THEY MAYBE PASTURED ON SAID RANGE.
• EXCEYI INC THE MINERAL INTERESTS RESERVED BY FIERMAN ARBANEY,ALEX F.ARBANEY,
AND LAURENT ARBANEY,JR.,IN THAT CERTAIN DEED OF CONVEYANCE OF SAID ABOVE
DESCRIBED PROPERTY DATED DECEMBER 12,1959.
• AND
A PARCEL OF LAND SITUATED IN TRACT NO. 72 OF SECTION 26,TOWNSHIP 8 SOUTH.
RANGE 86 WEST OF THE SIXTH PRINCIPAL MERIDIAN.LYING SOUTHERLY AND EASTERLY OF
THE TRACT LINE AND NORTHERLY OF THE CENTER OF THE ROARING FORK RIVER,SAID
PARCEL OF LAND IS DESCRIBED AS FOLLOWS:
BEGINNING AT AN IRON POST WITH A BRASS CAP FOUND IN PLACE AND PROPERLY MARKED
-FOR ANGLE POINT NO.3 OF SAID TRACT NO.72 ALSO BEING ANGLE POINT NO.4 OF
TRACT NO.73 IN SAID SECTION 26;
•
1111111111111 11111111113 n �°� 0z e
7g1
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Janice K. Vos Caudill, Pitkin County, CO
• •
1111 111 I]III I III II II I I II 529605
83:51
JANICE K Vos CSWRL PITKIN COUNTY Co R 8.00 0 0.00 Ow-OrderNo: Q387183
LEGAL DESCRIPTION
THENCE SOUTH 210.00 FEET TO A POINT IN THE CENTER OF SAID RIVER;
' THENCE NORTH 44 DEGREES 00'00'WEST 70.18 FEET ALONG THE CENTER OF SAID
RIVER;
THENCE NORTH 73 DEGREES 12'00'WEST 142.98 FEET ALONG THE CENTER OF SAID RIVER
TO A POINT ON SAID TRACT LINE; •
THENCE NORTH ALONG SAID TRACT LINE, 120.00 FEET TO ANGLE POINT 4 OF SAID TRACT
72;
THENCE SOUTH 89 DEGREES 31'44'EAST 184.68 FEET ALONG SAD)TRACT LINE TO ANGLE
POINT NO.3 OF SAID TRACT NO.72,THE POINT OF BEGINNING.
COUNTY OF PITKIN,STATE OF COLORADO.
PARCEL 2:
A TRACT OF LAND LOCATED IN SECTION 26,AND REIGN A PART OF TRACT 73.IN
TOWNSHIP 8 SOUTH.RANGE 86 WEST OF THE SIXTH PRINCIPAL MERIDIAN,BEING MORE
FULLY DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT WHENCE CORNER 4 OF TRACT 72.TOWNSHIP 8 SOUTH,RANGE 86 .
WEST(WHICH IS A BRASS CAP MARKED TR73;AIM TR72:S26: 1928)BEARS SOUTH 76
DEGREES 36'3D'EAST 1554.97 FEET;
THENCE SOUTH 89 DEGREES 44'WEST 207.15 FEET;
. THENCE NORTH 6 DEGREES 10'EAST 129.00 FEET TO THE SOUTH RIGHT-OF-WAY LINE OF A
ROAD;
THENCE SOUTH 87 DEGREES 27'EAST 190.15 FEET ALONG SAID RIGHT-0F-WAY
LINE;
THENCE SOUTH 1 DEGREES 36'EAST 118.86 FEET TO THE POINT OF BEGINNING.
COUNTY OF PITKIN,STATE OF COLORADO.
EXCEPTING FROM PARCELS 1 AND 2 THE PROPERTY DESCRIBED IN INSTRUMENTS:
RECORDED MAY 19,1997 UNDER RECEPTION NO.404569
RECORDED MAY 20, 1999 UNDER RECEPTION NO.431355
RECORDED JANUARY 12,2001 UNDER RECEPTION NO.450525. 26
• II II II ]III I III III]III Ii III 04/27/2007 02:40
JANICE K Vo5 CAUDILL PITKIN COUNTY CO R 0.00 0 0.00
•
C0110UNITY DEVELOPMENT 537126
ATTN BONNIE
I
RECEPTION#: 602571, 08/16/2013 at 09:40:38 AM, 22 OF 29,
Janice K. Vos Caudill, Pitkin County, CO
fif
,� .. -Exhib,r(�-
II (I I I I milli II III it 04/27'20077 02:40
JANICE K 505 C IDILL P1TKIN COUNTY Co R 0.00 D 0.00
DETERMINATION OF THE HEARING OFFICER OF THE COMMUNITY DEVELOPMENT
DEPARTMENT OF PITKIN COUNTY,COLORADO,AMENDING DETERMINATION NO.42-
2006,THE DART FAMILY PARTNERSHIP 1041 HAZARD REVIEW,SPECIAL.REVIEW AND
GMQS EXEMPTION FOR ADDITIONAL FLOOR AREA AND A CDU,GMQS EXEMPTION
FOR A REPLACEMENT UNIT AND A HISTORIC INCENTIVE FOR AN ADDITIONAL
DWFI TING UNIT
Determination No.10:2007
1 REC TALS
W1. Dart Family Partnership("Applicant")has applied to the Pitkin County Hearing Officer("Hearing
Officer")to amend Hearing Officer Determination No.42-2006.
_zz 2. The parcel is located at 0964 Lower River Road,and is more specifically described in Exhibit A.
VI
O 3. The parcel contains approximately 282 aar and is a conforming size parcel in the AFR-10 zone
--h district.
4. The Hearing Officer considered this application at a duly noticed public hearing on August 29,2006,at
which lime evidence and testimony were presented with respect to this application. The application was
0 then continued to September 6,2006 for a site visit and further discussion. The application was
C) continued again to September 19,2006.
5. The parcel received Hearing Officer approval pursuant to Determination No.42-2006. The
a. Applicant then timely appealed the determination to the BOCC. At its regular meeting of January 10,
2007,the BOCC made a finding"that the Hearing Officer abused his discretion in making a decision
inconsistent with the Code...in the way he allocated the square footage and allocated TDRs with
regard to that square footage." The BOCC motioned to send the application back to the Hearing
Officer,"WITH THE DIRECTION that he(Hearing Officer)needs to consider on EACH parcel
protection of the historic structures,maintenance of the historic structures and additional unit of
5,750 plus the use of one TDR to go to a maximum of 8,250 on EACH lot,subject to staff's review
of site planning because of the sensitive nature of the site." .
NOW THEREFORE BE IT RESOLVED by the Hearing Officer that it does hereby amend
Hearing Officer Determination No.42-2006,the Dart Family Partnership 1041 Hazard Review,Special
Review&GMQS Exemption for Incentives for Preservation of Historic Structures,Development Utilizing
TDRs for Additional Floor Area&a CDU,and a GMOS Exemption for a Replacement Unit,as follows:
1. The Applicant shall adhere to all material representations made in the application and shall consider
those representations to be conditions of approval,unless amended by other conditions.
2. The Applicant shall comply with the provisions of the Heating Officer Determination No.42-2006
unless otherwise replaced or amended by the conditions of this approval.
3. Condition Number 16 shall be amended to read:"Lot 1 shall be granted the right to utilize a TDR to
go to a maximum of 8,250 square feet as defined by the Code at the time. However,in order to
utilize a TOR on Lot 1,applicant shall be required to submit for review and approval a Site Plan
Review pursuant to Sections 2-30-20.g.2(Site Plan),7-10-50(Site Plan),7-20-20.e(Grading),7-20-30
IIII II IIII II'll lit L l IIa =000, of 3:18
JaNICE K VO6 CnwILL PITON ceuNmY CO R 0.00 D 0.00
V j
RECEPTION#: 602571, 08/16/2013 at 09:40:38 AM, 23 OF 29,
Janice K. Vos Caudill, Pitkin County, CO
•
swv
•
•
ILLWN!LUL'L IIIIIII11 CO 17 02:44
o 6.ee
Hearing Officer Determination No. 2007 _---
Page 2
(Water Courses and Drainage),7-20-120(d&e)(Standards for Scenic View Protection Areas),7-20-
130(Landscaping and Vegetation Protection)of the new Code adopted on July 5,2006.
Notwithstanding the language in 7-20-30,the requirements of 7-20-40 and 7-20-80 and Table 5.1,as
it relates to stream set backs,shall not apply to this review. As part of the Review,the Applicant
shall submit a landscaping plan and architectural renderings.The calculation of floor area shall not
include the historic structures."
4. Condition Number 17 shall be amended to read:"lot 2 shall be granted the right to utilize a TDR to
go to a maximum of 8,250 square feet as defined by the Code at the time. However,in order to
utilize a TDR on Lot 2,applicant shall be required to submit for review and approval a Site Plan
Review pursuant to Sections 2-30-20.g.2(Site Plan),7-10-50(Site Plan),7-20-20.e(Grading),7-20-30
(Water Courses and Drainage),7-20-120(d&e)(Standards for Scenic View Protection Areas),7-20-
• 130(Landscaping and Vegetation Protection)of the new Code adopted on July 5,2006.
Notwithstanding the language in 7-20-30,the requirements of 7-20-40 and 7-20-80 and Table 5.1,as
it relates to stream set backs,shall not apply to this review. As part of the Review,the Applicant
shall submit a landscaping plan and architectural renderings.The calculation of floor area shall not
include the historic structure."
5. 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,§4-140 and C.R.S.,§24-68-105. The statutory vested rights granted herein shall expire on
April 3,2010.
NOTICE OF PUBLIC HEARING PUBLISHED IN THE ASPEN TIMES WEEKLY on the
18°day of February,2007.
APPROVED AND ADOPTED this 3'"day of April,2007.
PUBLISHED At I ER ADOPTION FO VP_S'j'ED REAL PROPERTY RIGHTS in the
Aspen Times Weekly on the ,day of r' 2007.
COMMUNITY DEVELOPMENT
DEPARTMENT HEARING OFFICER
OF PITKIN COUNTY,COLORADO
ATTEST: HEARING OFFICER OF PITKIN
�
( az1D ['1 COUN}�Y,COLORADO
3
Bonnie Waechller, es R.True,
Administrative Assistant Hearing Officer
Date: 'J/3/o'7
/ /
Case#P087-06
PID#246726200002
536716
III'IIIIII�IIIIIII�'IIIIIIIII�IIIIII'IIIIII�IIIII'II�� P0.49/.1;:20:0.f7002110.to
RECEPTIONI: 602571, OB/16/2013 at 09:40:36 AM, 24 OF 29,
Janice K. Vos Caudill, Pitkin County, CO•
III II II III IIII,II II, VIII 00S/0s03:51
IPNICE K VOS CAUDILL PITK IN COUNTY CO R 0.00 6 0.00 Our Order No: Q387183
LEGAL DESCRIPTION
PARCEL I:
TRACT 73(ALSO KNOWN AS DESCRIBED AS LOTS 5 AND 6),LOTS 14, 15, 16, SECTION
26,AND TRACT 73(ALSO DESCRIBED AS LOT 6)AND LOTS 15 AND 16, SECTION 27,
TOWNSHIP 8 SOUTH,RANGE 86 WEST OF THE SIXTH PRINCIPAL MERIDIAN, TOGETHER WITH
ALL DITCHES,DITCH AND WATER RIGHTS APPURTENANT THERETO.
EXCEPTING THAT CERTAIN TRACT OF LAND LOCATED IN SECTION 26. BEING A PART OF
TRACT 73.IN TOWNSHIP 8 SOUTH,RANGE 86 WEST OF THE SIXTH PRINCIPAL MERIDIAN,
BEING MORE FULLY DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT WHENCE CORNER 4 OF TRACT 72,TOWNSHIP 8 SOUTH,RANGE 86
WEST(WHICH IS A BRASS CAP MARKED TR73;AP4 TR72;S26; 1928)BEARS SOUTH 76
DEGREES 36'30 EAST 1554.97 FEET;
THENCE SOUTH 89 DEGREES 44'WEST 207.15 FEET;
THENCE NORTH 6 DEGREES 10'EAST 129.00 FEET TO THE SOUTH RIGHT-OF-WAY LINE OF A
ROAD;
THENCE SOUTH 87 DEGREES 27'EAST 190.15 FEET ALONG SAID RIGHT'OF-WAY
• LINE;
THENCE SOUTH I DEGREES 36'EAST 118.86 FEET TO THE POINT OF
BEGINNING.
EXCEPTING HEREFROM ALL EASEMENTS AND RIGHTS OF WAY OF RECORD AND THE TRACT OF
LAND ENCLOSED AND USED FOR CEMETERY PURPOSES KNOWN AS THE 'WHEATLEY CEMETERY,'
TOGETHER WITH A STRIP OF LAND TEN FEET WIDE ON THE NORTH SIDE AND A STRIP OF
LAND TEN FEET WIDE ON THE SOUTH SIDE OF THE FENCES ENCLOSING SAID CEMETERY,
. BEING A TRACT OF LAND APPROXIMATELY 50 FEET BY 35 FEET.AND A PRIVATE
RIGHT-OF-WAY 15 FEET IN WIDTH TO AND FROM SAID CEMETERY EXTENDING FROM THE
SOUTH SIDE OF SAID CEMETERY TO THE COUNTY ROAD.
EXCEPTING A RIGHT-OF-WAY AS MAY BE NECESSARY TO DRIVE CATTLE FROM THE COUNTY
• ROAD NORTHERLY ALONG THE COURSE OF WHEATLEY GULCH TO THE U.S.FOREST LAND LYING
NORTHERLY OF SAID DESCRIBED PROPERTY.PROVIDING,HOWEVER,THE USE OF THIS
EASEMENT SHALL BE-LIMITED TO THE DRIVING OF RANGE CATTLE ONTO SAID FOREST LAND,
_ AND TO USES INCIDENTAL THERETO,AND PERTAINING TO THE CARE OF SAID CATTLE
DURING THE TIME THEY MAY BE PASTURED ON SAID RANGE.
• EXCEPTING THE MINERAL INTERESTS RESERVED BY FIERMAN ARBANEY,ALEX F.ARBANEY,
AND LAURENT ARBANEY,1R.,IN THAT CERTAIN DEED OF CONVEYANCE OF SAID ABOVE
DESCRIBED PROPERTY DATED DECEMBER 12. 1959.
• AND
A PARCEL OF LAND SITUATED IN TRACT NO. 72 OF SECTION 26,TOWNSHIP 8 SOUTH,
RANGE 86 WEST OF THE SIXTH PRINCIPAL MERIDIAN,LYING SOUTHERLY AND EASTERLY OF
THE TRACT LINE AND NORTHERLY OF THE CENTER OF THE ROARING FORK RIVER,SAID
PARCEL OF LAND IS DESCRIBED AS FOLLOWS:
BEGINNING AT AN IRON POST WITH A BRASS CAP FOUND IN PLACE AND PROPERLY MARKED
FOR ANGLE POINT NO.3 OF SAID TRACT NO.72 ALSO BEING ANGLE POINT NO.4 OF
TRACT NO.73 IN SAID SECTION 26;
RECEPTION#: 602571, 08/16/2013 at 09:40:38 AM, 25 OF 29,
Janice K. Vos Caudill, Pitkin County, CO
II. III II II I I III I II e9960
6 03:51
JANICE K VOS CAUDILL PITKIN COUNTY CO A 0.00 D 0.00 Our Order No: Q387183
•
LEGAL DESCRIPTION
•
THENCE SOUTH 210.00 FEET TO A POINT IN THE CENTER OF SAID RIVER;
THENCE NORTH 44 DEGREES 00'00'WEST 70.18 FEET ALONG THE CENTER OF SAID
RIVER;
THENCE NORTH 73 DEGREES 12'00"WEST 141.98 FEET ALONG THE CENTER OF SAID RIVER
TO A POINT ON SAID TRACT LINE;
THENCE NORTH ALONG SAID TRACT LINE, 120.00 FEET TO ANGLE POINT 4 OF SAID TRACT
72;
THENCE SOUTH 89 DEGREES 31'44' EAST 184.68 FEET ALONG SAID TRACT LINE TO ANGLE
• POINT NO.3 OF SAID TRACT NO.72.THE POINT OF BEGINNING.
COUNTY OF PITKIN,STATE OF COLORADO.
•
PARCEL 2:
•
A TRACT OF LAND LOCATED IN SECTION 26, AND REIGN A PART OF TRACT 73:IN
TOWNSHIP 8 SOUTH.RANGE 86 WEST OF THE SIXTH PRINCIPAL MERIDIAN.BEING MORE
FULLY DESCRIBED AS FOLLOWS:
•
BEGINNING AT A POINT WHENCE CORNER 4 OF TRACT 72.TOWNSHIP 8 SOUTH,RANGE 86
WEST(WHICH IS A BRASS CAP MARKED TR73;AP4 TR72;S26; 1928)BEARS SOUTH 76
DEGREES 36'30'EAST 1554.97 FEET;
•
THENCE SOUTH 89 DEGREES 44'WEST 207. 15 FEET:
THENCE NORTH 6 DEGREES ID'EAST 129.00 FEET TO THE SOUTH RIGHT-OF-WAY LINE OF A
ROAD;
THENCE SOUTH 87 DEGREES 27'EAST 190.15 FEET ALONG SAID RIGHT-OF-WAY
LINE;
•
THENCE SOUTH I DEGREES 36'EAST 118.86 FEET TO THE POINT OF BEGINNING.
COUNTY OF PITKIN,STATE OF COLORADO.
• EXCEPTING FROM PARCELS 1 AND 2 THE PROPERTY DESCRIBED IN INSTRUMENTS:
RECORDED MAY 19, 1997 UNDER RECEPTION NO.404569
• RECORDED MAY 20, 1999 UNDER RECEPTION NO.431355
•
RECORDED JANUARY 12,2001 UNDER RECEPTION NO.450525.
•
e2S3
RECEPTION#: 602571, 08/16/2013 at 09:40:38 AM, 26 OF 29,
Janice K. Vos Caudill, Pitkin County, CO
/A l`1zLcb melt T 6-
Illllll0 II IHIt INliillIIImilli
537126 022.40
JANICE F NOS CAUDILL P114IN CoIMtt CO R 0.00 0 0.00
DETERMINATION OF THE HEARING OFFICER OF THE COMMUNITY DEVELOPMENT
DEPARTMENT OF PFTKIN COUNTY,COLORADO,AMENDING DETERMINATION NO.42-
2006,THE DART FAMILY PARTNERSHIP 1041 HAZARD REVIEW,SPECIAL REVIEW AND
GMQS EXEMPTION FOR ADDITIONAL FLOOR AREA AND A CDU,GMQS EXEMPTION
FORA REPLACEMENT UNIT AND A HISTORIC INCENTIVE FOR AN ADDITIONAL
OWFI 11NG UNIT
Cr Determination No./a-2007
2 RECITALS
W1. Dart Family Partnership("Applicant")has applied to the Pitkin County Hearing Officer("Hearing
j1 Officer")to amend Hearing Officer Determination No.42-2036.
S 2. The parcel is located at 0964 Lower River Road,and is more specifically described in Exhibit A.
td
O 3. The parcel contains approximately 282 acre.and is a conforming size parcel in the AFR-l0 zone
""1' district.
4. The Hearing Officer considered this application at a duly noticed public hearing on August 29,2006,at
which time evidence and testimony were presented with respect to this application. The application was
O then continued to September 6,2006 for a site visit and further discussion. The application was
C) continued again to September 19,2006.
CP
L 5. The parcel received Hearing Officer approval pursuant to Determination No.42-2006. The
Applicant then timely appealed the determination to the BOCC. At its regular meeting of January 10,
2007,the BOCC made a finding`that the Hearing Officer abused his discretion in making a decision
inconsistent with the Code...in the way he allocated the square footage and allocated TDRs with
regard to that square footage." The BOCC motioned to send the application back to the Hearing
Officer,"WITH THE DIRECTION that he(Hearing Officer)needs to consider on EACH parcel
protection of the historic structures,maintenance of the historic structures and additional unit of
5,750 plus the use of one TDR to go to a maximum of 8,250 on EACH lot,subject to staffs review
of site planning because of the sensitive nature of the site."
NOW THEREFORE BE IT RESOLVED by the Hearing Officer that ii does hereby amend
Hearing Officer Determination No.42-2006,the Dart Family Partnership 1041 Hazard Review,Special
Review&GMQS Exemption for Incentives for Preservation of Historic Structures,Development Utilizing
TDRs for Additional Floor Area&a CDU,and a CMOS Exemption for a Replacement Unit,as follows: .
1. The Applicant shall adhere to all material representations made in the application and shall consider
those representations to be conditions of approval,unless amended by other conditions.
2 The Applicant shall comply with the provisions of the Hearing Officer Determination No.42-2006
unless otherwise replaced or amended by the conditions of this approval.
3. Condition Number 16 shall be amended to read:"Lot 1 shall be granted the right to utilize a TDR to
go to a maximum of 8,250 square feet as defined by the Code at the time. However,in order to
utilize a TDR on Lot I,applicant shall be required to submit for review and approval a Site Plan
Review pursuant so Sections 2-30-2O.g.2(Site Plan),7-10-50(Site Plan),7-20-20.e(Grading),7-20-30
III IIIINII IIININIIIII I Illl 111111 a 27 02:15
JANICE x VOS 05011L P17410 edxnY Co R 0.00 0 0.00
ii
RECEPTION#: 602571, 08/16/2013 at 09:40:38 AM, 27 OF 29,
Janice K. Vos Caudill, Pitkin County, CO
IIIIIIIIIIIIIlllllll1llllllllii(IIIN1111 .41210/214,74172
Jwlr¢F vab CAUDILL Frn(n1 COVMY CO a 0 G MC
Hearing Officer Determination No.10-2007
Page 2
(Water Courses and Drainage),7-20-120(d&c)(Standards for Scenic View Protection Areas),7-20-
130(Landscaping and Vegetation Protection)of the new Code adopted on July 5,2006.
Notwithstanding the language in 7-20-30,the requirements of 7-20-40 and 7-20-80 and Table 5.1,as
it relates to stream set backs,shall not apply to this review. As pan of the Review,the Applicant
shall submit a landscaping plan and architectural renderings.The calculation of floor area shall not
include the historic structures."
4. Condition Number 17 shall be amended to read:"Lot 2 shall be granted the right to utilize a TDR to
go to a maximum of 8,250 square feet as defined by the Code at the time. However,in order to
utilize a TDR on Lot 2,applicant shall be required to submit for review and approval a Site Plan
Review pursuant to Sections 2-30-20.g.2(Site Plan),7-10-30(Site Plan),7-20-20.e(Grading),7-20-30
(Water Courses and Drainage),7-20-120(d&e)(Standards for Scenic View Protection Areas),7-20-
130(Landscaping and Vegetation Protection)of the new Code adopted on July 5,2006.
Notwithstanding the language in 7-20-30,the requirements of 7-20-40 and 7-20-80 and Table 5.1,as
it relates to stream set backs,shall not apply to this review. As part of the Review,the Applicant
shall submit a landscaping plan and architectural renderings.The calculation of floor area shall not
include the historic structure."
5. 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,§4-140 and C.R.S.,§24-68-105. The statutory vested rights granted herein shall expire on
April 3,2010.
NOTICE OF PUBLIC HEARING PUBLISHED IN THE ASPEN TIMES WEEKLY on the
18a day of February,2007.
APPROVED AND ADOPTED this 3"day of April,2007.
PUBLISHED AFTER ADOPTION FO‘VESTED REAL PROPERTY RIGHTS in the
Aspen Times Weekly on the2Z day of 1Ji,°./ 2007.
COMMUNITY DEVELOPMENT
DEPARTMENT HEARING OFFICER
OF PITKIN COUNTY,COLORADO
ATTEST: ((\�y��,,����//� HEARING OFFICER OF PITKIN
Lal4.-ttt0 �n/w stet CO .COLORADO
Donnie Wacchtler, .. es R.True,
Administrative Assistant Hearing Officer
Date: If/3/o7
Case#P087-06
P105 246726200002
III'IF,,l`1 1 III�``l ,N1,1p11 II1{{u� {,RII�Iu'1 `11``I 536716
��'1�/BestlliOnI11.'�IIII�II�I�'II.�RI o. ea/110 e 0 n3:18
RECEPTION#: 602571, 08/16/2013 at 09:90:38 AM, 28 OF 29,
Janice K. Vos Caudill, Pitkin County, CO
IIIIIIIIIIIIIIIIIIllllf►��1�111 If II oa960a 03:51
IANICE K Vos aw1LL Pn[m C&.NTY CO R 0.00 D 0.00 Our Order No: Q387183
LEGAL DESCRIPTION
PARCEL l: -
TRACT 73(ALSO KNOWN AS DESCRIBED AS LOTS 5 AND 6),LOTS 14,15,16, SECTION
26,AND TRACT 73(ALSO DESCRIBED AS LOT 6)AND LOTS 15 AND 16, SECTION 27,
• TOWNSHIP 8 SOUTH,RANGE 86 WEST OF THE SIXTH PRINCIPAL MERIDIAN, TOGETHER WITH
ALL DITCHES,DITCH AND WATER RIGHTS APPURTENANT THERETO.
EXCEPTING THAT CERTAIN TRACT OF LAND LOCATED IN SECTION 26. BEING A PART OF
TRACT 73.IN TOWNSHIP 8 SOUTH,RANGE 86 WEST OF THE SIXTH PRINCIPAL MERIDIAN,
BEING MORE FULLY DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT WHENCE CORNER 4 OF TRACT 72:TOWNSHIP 8 SOUTH,RANGE 86
WEST(WHICH IS A BRASS CAP MARKED TR73;AIM TR72;S26;1928)BEARS SOUTH 76
DEGREES 36'30 EAST 1554.97 FEET;
THENCE SOUTH 89 DEGREES 44'WEST 207.15 FEET;
THENCE NORTH 6 DEGREES 10'EAST 129.00 FEET TO THE SOUTH RIGHT-OF-WAY LINE OF A
ROAD;
THENCE SOUTH 87 DEGREES D'EAST 190.15 FEET ALONG SAID RIGHT-OF-WAY
LINE;
THENCE SOUTH 1 DEGREES 36'EAST 118.86 FEET TO THE POINT OF
BEGINNING.
EXCEPTING HEREFROM ALL EASEMENTS AND RIGHTS OF WAY OF RECORD AND THE TRACT OF
LAND ENCLOSED AND USED FOR CEMETERY PURPOSES KNOWN AS THE 'WHEATLEY CEMETERY,•
TOGETHER WITH A STRIP OF LAND TEN FEET WIDE ON THE NORTH SIDE AND A STRIP OF
LAND TEN FEET WIDE ON THE SOUTH SIDE OF THE FENCES ENCLOSING SAID CEMETERY,
BEING A TRACT OF LAND APPROXIMATELY 50 FEET BY 35 FEET,AND A PRIVATE
RIGHT-OF-WAY 15 FEET IN WIDTH TO AND FROM SAID CEMETERY EXTENDING FROM THE
SOUTH SIDE OF SAID CEMETERY TO THE COUNTY ROAD.
• EXCEPTING A RIGHT-OF-WAY AS MAY BE NECESSARY TO DRIVE CATTLE FROM THE COUNTY
ROAD NORTHERLY ALONG THE COURSE OF WHEATLEY GULCH TO THE U.S.FOREST LAND LYING
• NORTHERLY OF SAID DESCRIBED PROPERTY.PROVIDING,HOWEVER.THE USE OF THIS
EASEMENT SHALL BE LIMITED TO THE DRIVING OF RANGE CATTLE ONTO SAID FOREST LAND,
AND TO USES INCIDENTAL THERETO,AND PERTAINING TO THE CARE OF SAID CATTLE
DURING THE TIME THEY MAY BE PASTURED ON SAID RANGE.
EXCEPTING THE MINERAL INTERESTS RESERVED BY HERMAN ARBANEY,ALEX F.ARBANEY,
AND LAURENT ARBANEY,JR.,IN THAT CERTAIN DEED OF CONVEYANCE OF SAID ABOVE
DESCRIBED PROPERTY DATED DECEMBER 12. 1959.
AND
A PARCEL OF LAND SITUATED IN TRACT NO. 72 OF SECTION 26,TOWNSHIP 8 SOUTH.
RANGE 86 WEST OF THE SLXTH PRINCIPAL MERIDIAN,LYING SOUTHERLY AND EASTERLY OF
THE TRACT LINE AND NORTHERLY OF THE CENTER OF THE ROARING FORK RIVER,SAID
PARCEL OF LAND IS DESCRIBED AS FOLLOWS:
BEGINNING AT AN IRON POST WITH A BRASS CAP FOUND IN PLACE AND PROPERLY MARKED
'FOR ANGLE POINT NO.3 OF SAID TRACT NO.72 ALSO BEING ANGLE POINT NO.4 OF
TRACT NO.73 IN SAID SECTION 26;
ILIIN IIIIIIHII�IIIIIIIIIIIIII IIIIIIIIL1II B 371=6 02:40.
.10.YICE 6 VO6 CAUDILL PITRIN COUNTY CO R 0.N 0 0.00
V V
RECEPTION#: 602571, 08/16/2013 at 09:40:38 AM, 29 OF 29,
Janice K. Vos Caudill, Pitkin County, CO
• II III 00 9 605 II N 1 1 {N[II I IIN II 83:51
JM6£K VOl CADILL PITXIN COUNTY CO R 0.80 0 0.00 Our Order No: Q387183
LEGAL DESCRIPTION • •
•
THENCE SOUTH 210.00 FEET TO A POINT IN THE CENTER OF SAID RIVER;
' THENCE NORTH 44 DEGREES 00'00'WEST 70.18 FEET ALONG THE CENTER OF SAID
RIVER; •
THENCE NORTH 73 DEGREES 12100'WEST 141.98 FEET ALONG THE CENTER OF SAID RIVER
TO A POINT ON SAID TRACT LINE;
THENCE NORTH ALONG SAID TRACT LINE, 120.00 I-Eh I TO ANGLE POINT 4 OF SAID TRACT
72;
THENCE SOUTH 89 DEGREES 31'44'EAST 184.68 FEET ALONG SAID TRACT LINE TO ANGLE
POINT NO.3 OF SAID TRACT NO.72.THE POINT OF BEGINNING.
• COUNTY OF PITT N,STATE OF COLORADO.
PARCEL 2:
A TRACT OF LAND LOCATED IN SECTION 26.AND DEIGN A PART OF TRACT 73.IN
TOWNSHIP 8 SOUTH.RANGE 86 WEST OF THE SIXTH PRINCIPAL MERIDIAN.BEING MORE
FULLY DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT WHENCE CORNER 4 OF TRACT 72.TOWNSHIP 8 SOUTH,RANGE 86
WEST(WHICH IS A BRASS CAP MARRED TR73;AP4 TR72:526; 1928)BEARS SOUTH 76
• DEGREES 36'30'EAST 1554.97 FEET;
THENCE SOUTH 89 DEGREES 44'WEST 207.15 FEET;
. THENCE NORTH 6 DEGREES 10'EAST 129.00 FEET TO THE SOUTH RIGHT-OF-WAY LINE OF A
ROAD; -
THENCE SOUTH 87 DEGREES 27'EAST 190.15 FEET ALONG SAID RIGHT'OF-WAY
LINE;
THENCE SOUTH 1 DEGREES 36'EAST 118.86 FEET TO THE POINT OF BEGINNING.
E
COUNTY OF PITRIN.STATE OF COLORADO.
EXCEPTING FROM PARCELS 1 AND 2 THE PROPERTY DESCRIBED 119 INSTRUMENTS:
RECORDED MAY 19,1997 UNDER'RECEPTION NO.404569
RECORDED MAY 20, 1999 UNDER RECEPTION NO.431355
RECORDED JANUARY 12,2001 UNDER RECEPTION NO.450525.
III If{I III 59 ' 7 II1II I 1111[1 11 720 02:45
JP4ICE K VO6 Cal01u PITKIN COUNTY CO R •.00 0 0.00