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HomeMy WebLinkAboutpitkin.planning.272904300005, 272904301526DOCUMENT LAYOUT THIS FILE MAY OR MAY NOT CONTAIN ALL OF THE INFORMATION LISTED BELOW IN THE FOLLOWING ORDER Summary Sheet Resolution for the BOCC and/or P &Z Ordinance for the BOCC and/or P &Z Determination for the Hearing Officer Administrative Determination Staff Memo Application Public Notice, Acceptance Letter, Referral(s) Letter Site Plan Miscellaneous Plat copies (11x1'1) CASE NAM FIloha MeacloW aF PROJ ADD4 1515 HHwy133S -T OWNIAPP: Johnson,DrBemarr iREP: ` Email Addr FEES DUEr- DATE RG*A -R 14628 Hwy FEES RCVD.� S COPIES:I CASE Planners f % OVER: REF: -- BY[— DUE: V BODY PH NOTICED DATE OF FINAL ACTION: No BOCCReso: J JAPIWd—rb/14111989 o BOCC Ord: No PZ: � --�—� I J HRG OFF: Dar BY: I� HOINDEK F ADMIN: F— PLAT RECORDED PLAT (BK,PG):� ADMIN INDEX F— VR APPROVAL DATE: VR EXPIRES: CASE TYP: Special Review CASE TYP5: CASE TYP2: CASETYP6: CASE TYP3: CASE TYPT (- CASE lYP4: -- Date Scanned: File Location: FF Box 5237 4 R DATE RECEIVED: 2/R489 DATE COMPLETE: 3 (o CASELOAD SUMMARY SHEET Pitkin County PARCEL ID AND CASE NO. 2729- 043 -00 -005 & 2729 - 043 -01 -526 18A -89 STAFF MEMBER PROJECT NAME: Filoha Meadows Special Review Project Address: 14628 SH 133 Redstone, CO 81623 APPLICANT: Dr. Bernarr B. Johnson Applicant Address: Same 963 -3566 REPRESENTATIVE: Same Representative Address /Phone PAID: YES NO AMOUNT: NO. OF COPIES RECEIVED 8 TYPE OF APPLICATION: 1 STEP: 2 STEP: P &Z Meeting Date h BOCC Meeting Date PUBLIC BEARING: YES NO VESTED RIGHTS: YES NO PUBLIC HEARING: YES NO VESTED RIGHTS: YES NO Staff Level: 1041 Minor Hazard Review: Date of Approval Housing Aspen Water nvir_ Hlth. Manager Div. Wildlife Caucus Other: _ Aspen Consol S.D. Mtn. Bell Holy Cross Fire Marshall Snowmass Vill FAA Div. Water Res. _ School District Rocky Mtn Nat Gas State Hwy Dept (Glwd) (GrJtn) Zoning _ CO Geo. Survey _ USFS (Aspen) USFS (Carbondale) DATE REFERRED: 3 O 9 INITIALS: _Ze-- FINAL ROUTING: DATE ROUTED: INITIAL: County Attorney County Engineer Zoning Housing Envir. Health Other: FILE STATUS AND LOCATION: 000001 0-f e1s? PLANNING COMMISSION ITEMS A. Questions: 1. Cost of subdivision of five acres by river house. 2. Cost of subdivision of 20 acres adjacent to river house property. 3. If property put in conservancy easement, is the easement still considered in total acres for zoning etc. 4. Usual cost of rezoning property. B. Requests: 1. Rezoning of property left out of conservancy easement (about 35 acres) to one house per 5 acres. 2. Permission for three duplex resort cabins and an additional residential building for the west side of the Crystal river. C: Plans: 1. Continue same purpose of health education, arthritis treatment, family counseling and vacation rentals. 0000-02 X33 1✓Xis�in� Resid¢r�c¢- Corivpri� � 4�a11h �.�ca }ion �aci�i�Q 10 (09 \ / 5 Pdr�C�rnpdC f % 0.1 ., f^ �xisl =rr�¢nla� ion �j Fb�, 450 ` = y C IZ PT PVC a}¢r n Ex s po }able) Fy-,'S T1X,7 Id/-� $ p O x r2 � n h �r� N Pitkin County Planning Department Aspen, Colorado Deaj Planning Department: N m February- 1, 1989 We are requesting an amendment to a previous special review that permitted us to make an addition to our home. It also allowed `or the building of a nifferent: personal residence. The necessary addition was made to start Fiioha Meadows Health Education Facility. The personal living quarters have not been urinstr ucted. Pcogress in our planned treatment of arthritis with the warm springs has been slow. The use of the facilities for education has been positive, with increasing attendance. The exercise and walking trails along the Crystal River are greatly appreciated. Reaching the right target population has been difficult. There is a need for housing accommodations near the natatorium. Travel from Redstone motels and Inn has been acceptable for seminars. However, travel for people requiring medical treatment is unsatisfactory. We are asking that the permission for building a personal residence be amended. instead of the personal residence, we ask to build two resort cabins complying with section 3 -3.25 of the land arse cooe, used to accommodate individuals on a term occupancy basis ". These would be two bedroom cabins situated as marked on the accompanying plot map. In order to care for patients unable to climb stairs or walk distances, we also request the addition of two rooms to the existing building as marked on the map. The heating of the cabins will be as our ,resent geothermal system, non -- polluting of the atmosphere. Electric heat or wood is available as back -up. We have used our wood stove two days in the past two years (when a pipe burst)! This is a small non - profit business seroing from 10 to 20 people for eight programs per year. With these additions we feel the project will me self- su=_ta;ning financially. These changes would make for a useful continuing service. As a token of our dedication to preserving the natural beauty: of this area, we are planning to dedicate about 20 acres along the river as a conservancy easement. �;UVJ04 VM 0 I7 Pirrk'in County Carl open a walbing easement from Redstone to nur property line along the railroad grade, we would be willinq to e�<tend it to the proposed conservancy easement on a trial oasicz. If this is successful, it possibly will encourage other owners of Uie railroad grade to participate. Since this is only an amendment to a previous special review and because of our contribution of the conservency easement, we request the waiver of an additional application fee. ThanF you very much for your assistance in this matter. Very Sincerely, - llr. and f "rs. Bernarr B. John =,orhJ U,iiu005 F I LOHAMEADOWS _ OBJECTIVES 1. LvaIuation of balneology in full multifaceted treatment of '31-thr it3s. ibis includes physical therapy, stress management, nome exercise, diet, and education of disease. H. Seminars coverir,g life style balancing for health. 3. Development of surroundings conducive for appreciation of the remarkable evir+enre of creation. PROGRESS 1. M yeica is a. Bultdi,iq for education seminars complete heated by geothermal iNon- polluting;, and with a natatorium with exercise area and equipment, exercise pool t95 -98 degrees F.i, and three spa pools t1G6 -52 degrees F.igeothermaI. b. Surrg.inding 65+ acres on either side of the Crystal River providing walking trails 1 mile + - -, an exercise trail, and greenhouse (heated by geothermal-non polluting). 2. Educational: a. Several seminars have been run with varying degrees of success and attendance. PROBLEMS 1. Frdvertising: a. It has been difficult to reach our target population. Prog,ess nas been slow, out steady. 2. H,,usinq accommodation;: a. The use of the Inn in Redstone, and the Motels has been sati ,_:factory for a portion of the clients, but with ar- thritics, a,id persons for spa theraov, it has not been satisfactory. ire f E'quent ti avei by bus is co�.anteiproductive in spa therapy. b. People feel that they are infringing on our privacy with the f�:rc.ility being in the same builc:ing as living quarters. ;�uU06 PROPOSALS 1. L'uila -he iivino quarters as already approved bl the planning commassion, and convert portions of the present building for J:ve -;n clients. 2. Build individual motel like cottages or in one building_ to accommodate four couples. .J. FaciIitte= ;n the 67 acres for the parting of four motor hones. ,. Build the approved living quarters with room for rental space *or i.3ur couples. NOTES 1. his is still to be a small facility, with the maximum of ten to twenty persons to conferences, and six to ten for treatment of arthritis at one time. 2. The facility is non - polluting, and an improvement to the area in a natural way. About 5ooU trees have been planted in a program of reforestation. Consideration has been given to pIacrno a portion of the area in a Conservation Preserve. -this would include a beaver pond and alpine meadow. UUu� ©l ... %ago STEWART TITLE OF ASPEN, INC. 602 E. HVMAN • ASPEN, COLORADO 81611 • (303) 925 -3577 March 2, 1989 Bernarr B. and Dorothy 0. Johnson ` 14628 Highway No. 133 Carbondale, CO 81623 Re: See Attached Exhibit "A" Board of County Commissioners, Pitkin County, Colorado Dear Sirs, Based upon a search of the appropriate real estate records of Pitkin County, Colorado, Stewart Title of Aspen, Inc. hereby certifies to the following: 1. Parcel A described herein was within a larger tract of land and was first described as such in Deed recorded August 26, 1976 in Book 315 at Page 806 as Reception No. 186471. 2. Parcel B described herein was first described as such in Deed recorded July 13, 1970 in Book 249 at Page 411 as Reception No. 141298. 3. Parcel C described herein was first described as such in Deed recorded May 15, 1979 in Book 368 at Page 731 as Reception No. 214489. Enclosed are copies for your convenience. This statement is neither an abstract, opinion nor guaranty of title and is intended specifically and exclusively for the use of the Board of County Commissioners of Pitkin County in determin- ation of "merger of title" or lack thereof as said merger relates to the applicable statues, ordinances and restrictions of jurisdic- tion. Sincerely, Hazel I. Herwick Title Examiner Enclosures UUUJ03 PARCEL _n Exhibit "A" 4� A parcel of land situated in the SE 1/4 SW 1/4 of Section 4, Township 10 South, Range 88 West of the Sixth Principal Meridian, lying Southerly of the Northerly line of said SE 1/4 SW 1/4, said parcel of land is described as follows: Beginning at a point whence an iron post with a brass cap found in place and properly marked for the Witness Point to the Southwest Corner of said Section 4 bears: S. 52 138'01" W. 2,175.55 feet; Thence S. 22 050'00" E. 368.35 feet; Thence S. 15 135'00" W. 187.69 feet; Thence N. 71 033'00" W. 138.74 feet; Thence N. 04 041'28" E. 477.97 feet to a point on the Northerly line of said SE 1/4 SW 1/4, the point of beginning. PARCEL B A parcel of land situated in the SE 1/4 SW 1/4 of Section 4, Township 10 South, Range 88 West of the Sixth Principal Meridian, lying Southerly of the Northerly line of said SE 1/4 SW 1/4, said parcel of land is described as follows: Beginning at a point whence an iron post with a brass cap found in place is properly marked for the Witness Point to the Southwest Corner of said Section 4, bears: S. 52 138'01" W. 2,175.55 feet; Thence East 516.36 feet, more or less, to the Northeast Corner of said SE 1/4 SW 1/4; Thence S. 00 005'00" W. 436.00 feet along the Easterly line of said SE 1/4 SW 1/4; Thence West 399.71 feet, more or less, to a point on the East boundary line of that property described in Book 185 at Page 82, Pitkin County records; Thence N. 15 035'00" E. 100.19 feet, more or less, along the Easterly boundary line of said property described in Book 185 at Page 82 of said records; Thence N. 22 °50'00" W. 368.35 feet; more or less, along the Easterly boundary line of said property described in Book 185 at Page 82 of said records, to the point of beginning. PARCEL C A parcel of land situated in the SE 1/4 NW 1/4, the NE 1/4 SW 1/4 See Continuation Page OULrJO? and the NW 1/4 SW 1/4 NE 1/4 all in Section 4, lying easterly of Colorado State Highway No. 133 and the centerline of the Crystal River all in Township 10 South, Range 88 West of the Sixth Principal Meridian, County of Pitkin, State of Colorado, said parcel of land is described as follows: Beginning at a point on the easterly right -of -way line of Colorado State Highway No. 133 said point being in the center of the Crystal River whence the North Quarter Corner of said Section 4 bears N. 22 020'46" E. 3005.81 feet; thence N. 21 051'00" E. 2.51 feet along said right -of -way line; thence N. 24 057'00" E. 228.90 feet along said right -of -way line; thence N. 24 101'30" W. 119.30 feet along said right -of -way line; thence N. 22 °25'00" E. 307.70 feet along said right -of -way line; thence N. 15 047'00" E. 384. 25 feet along said right -of -way line; thence N. 12 100'30" E. 324.40 feet along said right -of -way line; thence N. 06 137'00" W. 187.64 feet, more or less along said right -of -way line to a point on the Northerly line of said SE 1/4 NW 1/4; thence East 108.01 feet along said Northerly line; thence S. 02 130'00" E. 183.67 feet; thence N. 88 154'20" E. 1363.25 feet to a point on the Easterly line of the NW 1/4 SW 1/4 NE 1/4 of said Section 4; thence S. 00 002'30" W. 503.99 feet along said easterly line to the Southeast corner of said NW 1/4 Sw 1/4 NE 1/4; thence N. 89 057'22" W. 660.00 feet along the Southerly line of said NW 1/4 SW 1/4 NE 1/4 to a point on the North -South centerline of said Section 4; thence S. 00 000'30" E. 1980.00 feet along the North -South line of said Section 4 to the Southeast corner of said NE 1/4 SW 1/4; thence N. 89 054'45" W. 703.81 feet along the Southerly line of said NE 1/4 SW 1/4 to the centerline of said River; thence N. 08 139'00" W. 273.74 feet along the centerline of said River; thence N. 00 036'00" E. 139.28 feet along the centerline of said River; thence N. 30 137'00" W. 539.46 feet along the centerline of said River; thence N. 22 012'00" W. 312.11 feet along the centerline of said River to the point of beginning. County of Pitkin, State of Colorado bOU010 1'. 1970 awmysa,s Rar Tuis DEED, a+.le tW u 70 . Wtwra JESSE J. YICK MEY d.9 r SLL C0.. TIC r, a tae Cov.t9 0! Pdtk Y. W sole d tam. o< w a..t wrs W . I EL: EA R. 51ARri> a:[c Si, _ :.LEA SP:.:t%5 ... T' r W, :. n, .. • »rv.):.'.: P acd Sun of Cotonm, a< ta. .eemd put. •tae crony of P:tk _ -. MTNESSE'r5. ta.t tM .aW p.r}' of tae fNt w*t. t•r . :..'..- e+rakmeon of e+ a.c of 9nLii ^d Ten ---------------- n Ln M.+ ia:[ V o(W hit yut m .WA P.W EY Ce u.: wile. a the .¢.M pan. We ..,t hmay mntn.ed .vd .eLno�:edre5, fv 5 L,,abd. nar¢ar,,.., a�; d and rorneyed, and DP 1.ua p:acni. W:e Brant h..ca.n..eLL. ew..Y and eoMi:m wn .h. uW wroe. of tW .ttPVd p.n, tae.r bun md. ...,.+�. (or<•n, n.. ea nn.e<r .o romn,on alt to >out nn.nn;, w [a. muo.�rs de.erdwd bs u carat M�o6m me Greny a! c..n_n aW Snu of CO :or.mnu ..[ v-acc c` land s= t..ate3 tae S7 "< SW l/4 of Section. 4, Tow.. Scat.:, Ra-ge _ -'t of the Sixth Principal Meridian, SOLL"arly a "s '/4 lire of said SE 1/4 Sw 1/5 and Waster__' c_ the Easter :y line of said SE i/4 SW 1 /3, said [tact of laao oe:ng described as follows: enr :ng at the Nottneast corner of sal.: S:1 1/4 SW 1/4 n:e: ce S. JG•Ua'J�" W. .3a.Jd : -_t along the Easterly ::ne of said SE 1/4 .. 1/4; t-• unce West 3:5.71 _a S. i5a35'JJ" L. :00.19 t,, N. 22.5n'J W. 368.35 feet to a point on .a_ttar, line of said SE 1/4 SW 1/4; L`.er ce Mast 5_o.3n tees along the NO Li,- erly line of said SE 1/4 SW 1;4 to the Northeast corner e. said SE 1/: Sw 1/4, the poi nt of teS= rn'rq. I i I'I it I'I , I 'sp0irlds n1Y W W d.e.1a. W her.Wtamann W .Pp•rtr.twr tan muftm . r Y --Yw $�.trSi.a, W tY Je.trar W tMa.r. ttaaeau W tautWe. r Ir. W adw Nast: W m tw rw, W4 alt. ra e....d ta.tre.rnwtw�.tW .vi. w te ata. r )r 71L�rY.1 �� Yw f� -awY.a wWYa.rww w wrr. tl,... W.r �� 3ti � i =2AS 4i2 TO PAPS A% TO U W self r,, ee... 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Y..ua.r..c r[ :..a oar Wtw cf W...•wl Wr:. heir W.n aed aearM.du f l n DmamwPVWt.4NT A<:a,m..e oIGd��mthe rhd.wY1DYSWMS. tY LND.m E of E feat Dart .fall W rill P'AEf. A \D POaCYEB sw., DEFEND. L\ wiT\P3E P'N1SP[OP, tb aald P.tt y m tb Su.t p.et V : h.terG wt nlc e... W eeY tea dw W Yrr flat sews mna Jesse J. McKinneyµ ...........[SEAL] ;SEAL? "An Or COLORADO, c `r fGK=r t Wms st rr aelme WcW hmaw 'v of ..i� W 70;.W' -'Jess% J. McKinney. UY .twwloiw ee .10 weG W L..O W .(Del.:...: ` Cr COLD•,: • Y Y rw• ..� r ewe r. u,rt.r r r.: e tr ..+n..we r m�w.wr r.mn.:..arr r r.eweNaa Jr �.ar�mr.�r�.r. -�— rW �aerJrarlr.VMae�rlrMwe Yr Yws.�arr .mr1 r m11� w J. errs. rYY:� I Y �errl�.wM e IIA� o �N� 000012 L� w I N. -1 Recorded at 9.24 o'clock A . M., Sys 7F Reception 1:0. 1''I, �' i _ h,lie Nane _ Recorder STATE UP COLURAAO ) ) SS. SPECIAL WAR RANTY DEED COUNTY GF PITRIN ) F1 YF'P SPFPYS aik'i FI1TP H. SPARKF, husband, and SHIRLEY SPAPYS ai; a S °_F7 L. SP,'FFS, his w::e, whose address 15 15110 State v - 133, Caztordale, Colorado 81623, (hereinafter "Grantor= ") - _ns:C : - ti,n the sur. of Ten Dollars and other cec9 a_.c a•i :. :� ci.. 14. d paid, hereby sell and c: vov - ... -'. r 111. WOOD, as )Dint tc-'n"' 55,1, Vest Villace, Coloreflo - '•r -,.. ^�, t,, 1, iL•,'ing real prere:t _.. C—:... .ate C' r� -lr adn, to wit: PP Pr:! L-,'.: _ A Parcel of land situated in the SI-- 1/45P' -114 of Section 4, 70,nsh.;. 10 Fouth, Panne 88 West of the Sixth Princi;al 'er:di,,n, lying South,-, ly Of the Snrtherly }" line of said _ °F -:,'; SW-1, 4, said parcel or land is =y � d2SCi 111 i'U e> iVi1Vr >. M oT V Beginning at a point whm,ce an it •n post with a bras=_ cap round in place and properly narked for the Witness Point to the Southwest Corner of said Section V n 4 bears: S. 52.38'01" W. 2,175.55 feet; P- Thence S. 22 °50'00' E. 368.35 feet; ^Itnce S. 15.35'00" W. 187.69 feet; Thence N. 71.33100' N. 138.74 feet; Thence N. 04.41'28' E. 477.97 feet to a point on the Northerly line of said SE- 1 /4SF' -1/4, the point of beginning; PARCEL B: A Parcel of land situated in the SE -1 /4SW -1/4 of Section 4, Township 10 South, Rance 88 West of the Sixth Principal Meridian, lying southerly of the Northerly line of said SE- 1/45'.1-1/4, said parcel of land is described as follows: Beginning at a point whence an iron post with a brass cap found in place is properly marked for the witness Point to the Southwest Corner of said Section 4, bears: S. 52'38'01' W. 2,175.55 feet; Thence East 516.36 feet, more or less, to the Northeast Corner of said SE- 1/454' -1/4; Thence S. 00'05'00" W. 436.00 feet along the Easterly line of said SE -1 14SW -1 1A; Thence West 399.71 feet, more m less, to a point on the East Loundary line of that property described in Book 185 at Page 82, Pitkin County records; Thence N. '3 =' _ E. 1^0 _lo e,,.a T __ __ less along the Easterly boundary line of said Property described in Book 185 at Page 82 of said records; Thence N. 22 °50'00" W. 368.35 feet, more or less, along the Easterly boundary line of said property described in Book 185 at Pape 82 of said records, to the Point of Beginning. Together with the following described access easement; A strip twenty feet in width beginning at the East edge of the pavement of Colorado State Highway 133 ex- tanding over the South twenty feet of the property of the Grantor, which property is described in documents appearing in Book 190, Pege 507 and Book 185, Page 82 of the Pitkin 000O13 X= i -,n 80 4' County, Colorado Public FeccrdG, and ending at the South- •,,.. -- f the property conveyed by this Deed. This ease rent shall to for the sole benefit of the anove- oesca.Le1 -- -�^ w,. ^•'' � of an.. other land. Grantees property ana pct :�. successul_ ov ' heirs, and asslacs to ralr.ta.n in rc,d cordit:or and repair at all tlrrs, at thc .. r cc /e e ,use, the said access easerent, fridac and f ecc.s c:, nc'_-. shall run wit` t., - .' d F`- o° all of grantees' Exee:' r, f - - .• " <r`- c: �f Tercel B that cav 11, .,th -. t arc -I Ard, ..car' -. _:c ... t ._,'c: it all and 53nau1LI t ^.e LC'_- or T .'rre0: lei• _. ., - _ and all a'_ t0 'the �. _ - .i �- tera. ^.ces: TO r;-: .,:d described F I L:. :. c-c4! rarc(s, reSnrvat3on5 and rc 1 rr.,tor cl a vein or lode to extract should t,e are he found to pecetr,•.,F. nt,r _ -rcmisca rereoy or.nceC, a.-,d ^lc` -t - ;�,�, '- re=_er•rd in United States patauL, of Way 1^i u_ • -- _ ... recorded ' "a. id, 1394u 1r, -Sock 55 at Page 46. 2. Right_ for '_he conti.ued floc, and ass of the Crystal FivEr i., .._. =- as tn- .sae 'ay affect ruh=ert property. 3, ^.iaht of Fay for the re,).,, C Lhc Crystal River Railroad Ccrpany insofar as it m,- _t the sub)ect property. 4. Rigrt of Way rut teleph p' - -- ' -` " °Tanted to The Mountain States Telephone and Teleo:a:h by E1rer B. Sparks in instrument recorded August 20, 1?71 in Book 259 at page 357. 5, Any ta:'es foi 1575, .lug —c! Fayahlc in 1977. epcooent or reservation of record. 6. Any other restric t, on, Grantors, for themselves and their successor—, cnvenant and agree to and dith Grantees, the ,Gcve targained prerises in the ouiet and peaceaile pussess.cr. of Crantees against all and every person or persons lawfu `1 clairina or to clai:c the whole or any part thereof, hy, throuah or under Grantors, to RA WARNT AND FO'RFVFR DEFFND. Biar. c.: a: Elmer Sparks a /6 /a Elrer B. Sparks, hus =and Shirk: _pa. k:: =�k /a Shr rl ey L. Sparks, his wife -2- 000014 11l1 ;r . 9101315• ,1,1; 30%3 STATE OF COLORADO ) ss. COMITY OF PITKIN J ISLY The forego . 1976, by Flner Sparks a /k /a Elmer B. Sparks, tp�eran�', andd 5h rloy Sparks 1/r /a Shirley L. Sparks, his wife. My core issicn exT �rrs:AL)C.,zr Witness ry hand ..nd OPfi n .l ctrl. -3- J, 0 xe.rPtt... No 214489 LGretla Lanner } R «.riled at 3:11- ,;rwrR P y, :lay 15 1979 THINDEED, tlndeth,. 21st do, of March e, 79thet.... KELLY GRANGE and LINDA GRANGE Mwrd.r RRCORDRR� XTAMP 1 =AlS I,ll; 131 li .(the (.,.nty.f Pitkin nod Matr.f I 19 c.ande,.nhe notpn, are BERNARR B. JOHNSON and DOROTHY O. JOHNSON eaertereladd...... 11350 Poplar, Loma Linda, California 92351 Calir .f the XXMFA and Man of101HAM.ftM wend sort MITNEAMRTH.thnntrsaldeartiea .fthe first Nit. for and in eonedenlan ofthe tun of Ten Dollars anc Other Good and Valuable Consideration - - - yt t*` w the said sort iss .f the fret part to hard sold by the .sld prlNr N the armed part, the remit wheeeof In hereby renbsd and abmwledM.MM ranted. berimned, weld ardrenrged. and by thew pawned. mart. herealn. esll. renvy wd renfrw unto the eold Mrtu. of 1M ►read MrL lets hNre and wyts hewer, hart.. tenant, In reason" but In joint tenanty. all the Mlewng dwrtMd le greatest efland. eltuale. lylns and Nine the CU,nlr of Pitkin and Ant. -d l'olende. to sett: All that real property described in the Exhibit "A" attached hereto and made a part hereof by this reference. Including all additional grants and subject to the reservations contained in the Reservations and Additional Grants described in Exhibit "B" attached hereto and made a part hereof by this reference. SUBJECT to Covenants and strictions described in the Exhibit "C" attached hereto and made a part hereof by this reference. TOGETHER with an sod slnYWar the heredNerwal. and apeartertanree tMnana beMMM. w M at)wtes aFpartatataa, the revenant and torments, remainder and remalndee, east*, fawn and smile thereof: and ON the m. ryht. title. Interest, etete and demand hot.., N /M said part iM of the fm part, editor in low es Nu1ly. oLnale aIM Wes herpalnle Fnmlws.oathe MM. nnweredapaummeanrim. TO HAVE AND TO HOLD the said Fremlsae ahem I araaxtad sod de "Inns. won IM operisoater.. state the said parties N the strand part, their Mire and &WEtu forever. And the said part iM N the NN part• for that .IVSS. their Meanesutsn.sle leminbtratmde ttretenl,mat.heryelnsM lipase NUN wNhIM said partas N the9E6�td part• their halt. and wyte, that at the ties N the eaesating sod Mliwrr at these paewr.t. theY/ nitro,., N the Amine. aide rnreyed. pa N good, sere. ",Ml, aheslw and nedefaaslble .Wte NInMrNane.In tow, InMeteFle, ale MM pad rlYhl. NIl F.wrale awhlnWrNytemat. herpint. sell sod rear" the ale Is matter and farm sMesaN, and that the net are fees sod river hid all forNr the MWMts am rlgnW OI reWrC In VISIDle On tee LO l CCFt"yys , ale the ahere herYatteN Fremless In the a.W and paresble pesseslea N the said partle^ N let twrsnd part, tMM sent, and wlpas, apalte all ale err If ptoen or parson InwfaNl ►taunt" sr w elate to- wbele w ear part ilia tMsald"niW of the lire part Mall and will WARRANT AND FOaMVER DEFEND. IN WITNEW WHENEOF Ihe 'aid part iY of 1M arm sort hale h.reunte W thei hales sea/ weal[ the Any sod rear arm We written ✓ Yietsd. Maid sod Deterred a/M Fm anal E.74 IYRALI CALI Linda Crange IBRALI sTATEOFCOLOEADII rwtgN Gartleld TM bepaly lteruwlwso esbsewledplhebremathte 11th day at May 5979br Kelly Grange and Linda Grange. W lw ■I.ereaFr..Ibtlelbsr 16, .1961 Witter mr holesod.fMul weal. ���l1• n.,..rrwl. lei: �. eaWa'IIpY bbwt6rr. •tars er.NNeegN,yr. IW neat mr.et. I....r t..reran rite -*.* R ' �:ltin !3Z EXHIBIT A A parcel of land situated in the SEiNWS, the NESSW% and the NWySWMN all to Section 4, lying easterly of Colorado State Highway No. 133 and the centerline of the Crystal River all in Township 10 South, Range 88 West of the Sixth Principal Meridian, County of Pitkin, Ftate Colorado, said parcel of land is described as follows, Beginning at a point on the easterly right -of -way line of Colorado State Highway No. 133 said point being in the center of the Crystal River whence the North Quarter Corner of said SecLiun 4 bedr■ N. 22 020'46" E. 3005.81 feet; thence N. 21 051100" E. 2.51 feet along said riqht -of -way liner thence N. 24 "57'00" E. 228.90 feet along said right -of -way liner thence N. 24.1)1'30" W. 119.30 feet along said right -of -way line; thence N. 22.25'00" E. 307.70 feet along said right -of -way line; thenc, N. 15.47'00" F. 384.25 feet along said right -of -way line; thence N. 12 000130" E. 324.40 feet along said right -of -way liner thence N. 06.37'00" W. 187.64 feet, more or less along said right -of -way line to a point on the Northerly line of said SE3,NWy; thence East 108.ul feet along said Northerly line; thence S. 02 030100" E. 183.67 feet; thence N. 88.54120" E. 1363.25 feet to a point on the Easterly line of the NW1,SWyNE% of said Section 4; thence S. 00.02'30" W. 503.99 feet along said easterly line to the Southeast corner of said N1Iy SW%NE4; thence N. 89.57'22" W. 660.00 feat along the Southerly line of said NWkSWNNEy to a point on the North -South certer- line of said Section 4; thence S. 00.00130" E. 1980.00 feet along the North -South line of said Section 4 to the Southeast corner of said NESSW%; thence N. 89.54145" W. 703.81 feet along the Southerly line of said NE%SW4 to the centerline of said River; thence N. 08.39'00" W. 273.74 feet along the centerline of said River; thence N. 00.36'00" E. 139.28 feet along the centerline of said river; thence N. 30.37100" W. 539.46 feet along the centerline of said river! thence N. 22.12100" W. 312.11 feet along the centerline of said River to the point of begin- ning, and containing 61.30 acres, more or less. Subject to the following; 1. Right of way for ditches or canals constructed by the authority of the United States, as reserved in United Std "es Patent recorded March 8, 1893 in Book 55 at Page 36; and recorded February 15, 1947 In Book 171 at Page 214. 2. Right of the Proprietor of a Vein or Lode to extract and remove his ore therefrom, should be found to penetrate or intersect the premises hereby granted, as reserved in United States Patent recorded March 8, 1893 in Book 55 at Page 36. 3. Any rights, interest or easements in favor of the United States, the Stute of Colorado or the general public, which exists in and or over the present and past bed, banks and waters of the Crystal River. 4. Any loss of or adverse claims to that portion of the land above described adjoining the Crystal River, based on assertion that the channel and banks of said river have been changed or altered other than by natural causes and In imperceptible degrees. 5. Easement and right of way to construct, operate, maintain and remove communication facilities as granted to Mountain States Tele- phone and Telegraph Company, a Colorado Corporation, by Kelly Grange and Emil Grange in the instrument recorded September .8, 1971 in Book 25R at Page 204 affecting a portion of said property. 6. Easement and right of way to construct, reconstruct, enlarge, operate, maintain and remove an electric transmission or distribution line as granted to Holy Cross Electric Asscciation Inc. by Emil Grange in the instrument recorded October 29, 197f In Ile,.. 292 at Page 803 affecting a portion of said property. UOUO17._ UO U 018 u! w30--i 133 EXHIBIT B RESERVATIONS AND ADDITIONAL GRANTS )• Right of First Refusal to the Grantors. The Grantees hereby grant to t e r�8'entors, t e r lira and assigns, the Right of First Refusal to repurchase the real event rthecGranteeshreceive raavilid Offer thereof, saidin the Property. The Grantees shall give the Grantors, their h-ir■ and assigns, not less than sixty (60) days prior written notice Of their intentions to Wall and if the Grantors elect to axe rcise the Right, they shall notify the Grantees by certified mail within 30 days from receipt of such notice of their intent to exercise such Right upon the same terms and conditions. 2. Bridge and Eagements. ul The rb� crossing the crystal River and which is located in the Northwesterly part of the property is to be the property of both Grantor and Grantees and in to be used by them and their invitees to gain access 'o their property on the easterly ■iJe of the Crystal River. Grantors and Grantees shall be equally respon- sible for the maintenance of said bridge in its present condition. If Grantees choose to enlarge or improve the bridge, they may do so but in such event Grantors shall be under no obligation to contribute to the costs If enlarging and improving the bridge or maintaining any enlarged bridge. (b) The Grantors reserve an easement from Colorado State Highway 133 along the present roadway (or any alternate roadway later constructed) across the bridge and onto their remaining property. (c) The Grantors grant unto the Grantees an easement along the extension of the roadway described in para- graph (b) above through the Grantors remaining lands over the present roadway and by the most practicable route to the former location of the old Crystal River and San Juan Railroad right of way. (d) The Grantors reserve to themselves, their hairs and assigns, an easement or right of way to bury, below Plow depth, a four inch water pipeline from the cold spring and pipeline which serves the Grantors' residence to the right of way for Colorado State Highway 133 by the most practicable route across the land• herein conveyed to the Grantees. 3. water R1 hts. rantors hereby convey to Grantees, subject to the follow- ing conditions, the following, (a) minty (20) gallons per minute from the cold spring and pipeline which Serves the Grantors' residence or 25 t of the flow from said spring, whichever in less. (b) An undivided one -half of the water rights adjudicated to the Wilkie Ditch. (e) within 30 Years from this date, the Grantees plan to build a health care facility on the conveyed property Utilizing water from springs originating on the said property. If the Grantees are unable to obtain sufficient .. =168 o 1,rA - natural hot water from said springs, the Grantors agree to convey to Grantees an undivided one -third interest in and to the Penny Hot Sprinas, together with an appropriwte pipeline easement across the Grantors' remaining property for transportation of said water, provided the Grantees agree that in the event the de��veT-opulent of the hot springs on the property conveyed hereunder shall cause the flow from Penny Hot Springs to diminish more than two-thirds of their present flow, the Grantees shall cease development and use of the water from the hot springs on maid conveyed property and the Grantors shall be entitled to receive not lees than two - thirds of the adjudicated flow of the Penny Hot Springs at all times. The use of water from Penny Hot Springs by the Grantees shall be limited to use at the proposed health spa, employees apartments, greenhouse and one one - family residence. (d) The Grantees for themselves, their heirs and assigns, covenant and agree not to make application for any enlarged or extended use of any of the water rights conveyed to them hereunder. RL ht of F1nt Refusal to Grantees. The Grantors orev sus y owns acres, more or less, of which the 61.30 acres covered by this conveyance are a part, said 91.36 acres are described eat Beginning at a point on the Easterly right -of -way line of Colorado State Highway No. 133 said point being in the center of the Crystal River whence the North Quarter Corner of said Section 4 beams N. 22.20146" E. 3005.81 feats thence N. 21.51'00" F. 2.51 feet along said right -of -way lines thence N. 24.57'00" E. 228.90 feet along said right -of- way lines thence N. 24.01130" W. 119.30 feet along said right -of -way lines thence N. 2202S'00" E. 3C7.70 feet along said right -of -way lines thence N. 15.47'00" E. 384.25 feet along said right -of- way lines thence N. 12.00'30" E. 324.40 foot along said right -of -way lines thence N. 06.37100" W. 490.40 feet along said right -of -way linos thence N. 30.50130" W. 82.76 feet along said right -of -way lines thence North 117.23 fasts thence West 70.00 feet, more or lass to a point on said right-of-way lines thence N. 06 °37'00" W. 29.37 feet along said right -of -way lines thence East 2290.85 feet, more or lees to a point on the Easterly line of said Lot 21 thence S. 00.02'45" W. 520.00 feat along the Easterly line of said lot 21 thence N. 89.58" W. 660.00 feet along the Southerly line of said Lot 21 thence S. 00.02'30" W. 660.00 feet along the Easterly line of the NW%SW%NES of said Section 41 thence N 89.57122" W. 660.00 foot along the Southerly line of the RASANEi of said Section 41 thence S. 00000'30" E. 1980.00 feet along the North -South centerline of said Section 41 thence N. 89.54'45" W. along the Southerly line of the NE%SWi Lf said Section 4, 703.81 feet, more or loss to a point in the center of the Crystal Plvers thence N. 08.39100" W. 273.74 feet along the center of said rivors thence N. 00.36100" E. 139.28 feet along the center of said rivers thence N. 30037100" W. 539.46 feet along the center of said rivers thence N. 22.12'00" W. along the center of said rivers 312.11 feet, more or less to the point of beginning. GU V I F. -2 I i mme- Subject to tho prior right to convey the remaining 30.06 acres, more or less, to their children, the Grantors, for themselves and their children, Brent the Right of First Refusal to purchase said remaining portion of the 91.j6 acres or any part thereof to the Grantees, their heirs and assigns (and any conveyance to the Grantors' children, or either of them, shall be subject to said grant and binding on each child). In the event the Grantors (or their children) receive a valid offer for said remaining property, the Grantors (or their children) shall give the Grantees, their heirs and assigns, not less than 60 days prior notice of their intention to sell and within 30 days after receipt of said notice the Grantees shall notify the Grantors (or their children) by certified mail of their intent to exercise such right upon the same terms and conditions, otherwise such Right of First Refusal shall terminate. W64619. GRANTOrt Kelly G nge U Bernarr B. Johnson Linda Grange 000020 -3 Dorothy O. Johnson 'GRANTEE NOW I:KIITHIT C Covenants and Restrictions a W3" • PJ-5 A. No access shall be granted hunters to or across the property. B. No dogs shall be permitted to roam on the Grantors' adjoining property unless on leash. C. No pesticides or other harmful chemicals will be allowed to contaminate any of the water sources. D. No commercial or industrial activities other than health spa facility :nd greenhouse or the raising of plants shall be allowed without prior consent of Kelly Grange, his heirs or assigns. E. No noxious or offensive activities shall be carried on upon the property or any part thereof, nor shall any- thing be done thereon which may be or may become an annoyance or nuisanve to the neighborhood. F. Minimum live swine or ether livestock will be allowed. No more than 10 animals shall be grown or slaughtered, nor any poultry raised or grown upon any part of said tract of land. This shall not, however, prohibit the raising of horses, dogs or cats for the personal use of the owners of said land, provided that such animals shall not be raised commercially or used for any cosy martial purpose, and when so raised upon said premises shall be securely fenced within the property owned by the owners thereof. No more than one horse may be kept per three (I) acres of vacant land. G. No outside toilet facilities or temporary outbuildings shall be permitted, except self- contained chemical toilets may be used during construction, upon any of said land, and owners of land shall be personally re- sponsible for the proper disposition of their own garbage and trash, and shall keep the premises in a clean and sanitary condition. H. In the event that propane gas is used, said gas tanks shall be buried or screened from view. I. These covenants shall run with the land and be binding upon all parties and all persons claiming through or under the Grantees. or GRANTOR Kelly ange Barnett B. Johnson j✓ a Linda Grange 00002.E Dorothy O. Johnson P®Ilcii of, Title Insurance Issued by Transame. °i";a; 4 Nisurance Company SUBJECT TO THE SCHEDULE CF E<:XCLUSIONS FROM COVERAGE, THE; EXCEPTIONS CON- TAINED IN SCHEDULE B AND THE PROVISIONS OF TIIE CONDITIONS AND STIPULATIONS HEREOF, TRANSAMERICA TITLE ENSUEANCE COMPANY, a California corporation, herein called the Company, insures, as of Date of Policy shown it,. Schedule A, against loss or damage, not exceeding the amount of insurance stated in Schedule A, and costs, attorneys' fees and expenses which the Company may become obligated to pay hereunder, sustained or incurred by the insured by reason of: 1. Title to the estate or interest described in Schedule A being vested otherwise than as stated therein; 1. An,� defect iri or lien or encumbrance on such title; 3. Lack of a right of access to and from the land; or 4. Unmarketability of such title. In Witness Whereof, Transamerica Title Insurance Company has caused this policy to be signed and sealed by its duly authorized officers as of Date of Policy shown in Schedule A. Transamerica Title Insurance Company By President By Secretary i ;,juv22 FO R YJ..: -..., FOR USEv"Til ... .L.�.,r_�.�. ♦ -, �...., JIe NCR s 1970 (AMENDED i0- 17 -70) VOW J:,;.1-c; 0LE A Account of Insurance $ 19 3 , 0 ;1 . C,0 Date of Policy May 15, 19 79 3:18 P.ixt. 1. Name of Insured: BERNARR B. JOHNSON .i ;L DC1:0 ^L`1 0. JOHNSON Policy \o. 7300818 Shect 1 of 2_ 2. The estate or interest in the Ian:: ::z.e:u and which is covered by this policy is: IN FEE SIMPLE 3. The estate or interest referred to herein is at Date of Policy rested in: BERNARR B. JOHNSON AND DOROT::Y 0. JOHNSON, in joint tenancy Uui�u23 FOR USE WITH COLORADO REGION v...,. A,;SOCIAT iIN LOAN POLI UY 1970 (AMENDED 10- 17 -70) FOR USE WITH COLORADO REGION AMER I.: N LOAD -i IT-C AS OCI ATION OWNER'S POLICY - -FORM 0 -1970 (AMENDED 10- 17 -70) S C ",? :7 _-) U ;..' A--continued The land referred to in this l ;<i;ic sit,mled i;: the State of Colorado, County of Pitkin , and is described as follows: A parcel of land sit.:e -s_e-d i:: '..e SEyNW;, the NE?;SW and the NW4SW4NE all in Section 4; lying easterly of Colorado State Highway No. 133 and L-he centerline of the Crystal River all in Township 10 South, r'an,e 88 lest of the Sixth Principal Merid- ian, County of Pitkin; State .i Colorado, said parcel of land is described as follc,.e. Beginning at a point on Uae easterly right -o£ -way line of Colorado State Highway No. 13_1 said point being in the center of the Crystal River whence the N,Crth Quarter corner of said Section 4 bears N. 22 120146" E, 3005.81 feet; thence N.21 051100" E. 3.51 feet along said right -of -way line; thence N. 24057100" E. 228.90 feet along said right -of -way line; thence N. 24001130" Pi. 119.3,'', feet along said right -of -way line; thence N. 22025100" 307.70 feet along said right -of -way line; thence N. 15047100" E. 384.25 feet along said right -of -way line; thence N. 12000130" E. 324.40 feet along said right -of -way line; thence N. 06 °3710011 W. 187.64 feet, more or less along said right - of -way line to a point on the Northerly line of said SE,Nl9,; thence East 108.61 feet along said Northerly line; thence S. 02 030'0011 E. 183.67 feet; thence N. 88054120" E. 1363.25 feet to a point on the Easterly line of the NWgSW,NE, of said Section 4; thence S. 00 °0213011 W. 503.99 feet along said Easterly line to the Southeast corner of said NW;SW�:;NE;; thence N. 89057122" W. 660.00 feet along the Southerly line of said NW,SW;NE; to a point on the North -South centerline of said Section 4; thence S. 00000130" E. 1980.00 feet along the North -South line of said Section 4 to the Southeast corner of said NE;SWa; thence N. 89054145" W. 703.81 feet along the Southerly line of said NE;SW; to the centerline of said River; thence N. 08039100" W. 273.74 -feet along the centerline of said River; thence N. 00036100" E. 139.28 feet along the centerline of said river; thence N. 30 °37100" 1,. 539.46 feet along the centerline of said river; thence N. 22012100" ia. 312.11 feet along the centerline of said river to the POINT OF BEGINNING. E;ii -324 FORM NO, C- 60CC -3 FOR USE WITH ::UUJrL;L:: .. :.!ly}I,�. _­7 C,. .._P.:I PCLIGY 0 (AMGVUEO iG.I] -]O) FOR USE WITH COLORADO REGION AMER I C,V, LANG -.1 i l C "ZS "C ,'- 1014 OY.NER'S POLICY -FORM n -1970 AMENDED 10 -1740) This Policy does not insure against los; ,: ;ol of the follo;vinr: 1. Rights or claims of parties in posac�eir I '.;c public records. 2. Easements, or claims of easements, not _Lil.v_ - ill,lic record.. 3. Discrepancies, conflicts in boandar, ti '.I area, encroachments, and any facts which a cor- rect survey and inspection of tine pre.::. c! - v;:.nbi disciuce and xllich are not shown by the public records. 4. Any lien, or right to a lien, for �en'icee. ;;,.; ,r, ar n:at: r;.,l heretofore or hereafter furnished, i;,`rl by and not shown by th mpo e public record. 5. Taxes due and payable; and any tax, F.-;Lc; ._ _c, -;,,, charge or iirt imposed for water or sewer service, or for any other special tax;i.L, uis: r_ct 6. Right of way for ditches or canals constructed by the authority of the United States, as reserved in United States Patent recorded March 8, 1893 in Book 55 at Page 36; and recorded. February 15, 1947 in Book 171 at Page 214. 7. Right of the Proprietor of a Ve n or ;does to extract and remove his ore therefrom, should be found to percLr_ate or intersect the premises hereby granted, as reserved in Uri% d States patent recorded March 8, 1893 in Book 55 at Page 36. 8. Any rights, interest or eassmeias in favor of the United States, the State of Colorado or the general public, whici-i exist in and or over the present and past bed, banks and waters of the Crystal River. 9. Any loss of or adverse claims to that portion of the Land described in Schedule A hereof adjoining the Crystal River, based on assertion that the channel and banks of said river have Leen changed or altered other than by natural causes and in irperceptible degrees. 10. Easement and right of way to construct, operate, maintain and remove communi- cation facilities as granted to r7cu:rLain States Telephone and Telegraph Company , a Colorado Corporation, bar Kelly Grange and Emil Grange in the instrument recorded Septetrber 2?; i ;;_ in Book 258 at Page 204 affecting a portion of subject prop c—,,. 11. Easement and right of way to ccnsLricc, reconstruct, enlarge, operate, maintain and remove an electric transmission or distribution line as granted to Holy Cross Electric Association Inc.. by Eadl Grange in the instrument recorded October 29, 1974 in Book 292 at Pag,= 803 affecting a portion of subject property. 12. Right of way for the Crystal Rivzc _-�ailroad Corpany- u Ii UUG5 a. r FORM NO. G- 6000 -3C -" FOR USE WITH COLORADO REGION AMER[C -14 LAND TI -LE ASSOCIATION LOAN POLICY 19'70 (AMENDED 10- 1'1 -70) FOR USE WITH COLORADO REGION Ai`. ^-SCAN LAND T,TLE,SSOCiAT10N OWNER'S POLICY -FORM 8 -1970 (AMENDED 10- 17 -70) -E P-- Coittttlued 13. DeedofTrustfrom: Bi =rnac B. h:.son and Dorothy 0. Johnson to the Public Trustee of 611- £ 9L 1 for the use of TIC .''. f G _' and Linda Grange tosecure $33,000.00 dated 1.1a ch 211, 1979 recorded May 1_5, 1979 in Book 363 at Page 737 U G 6 12 6 April 12, 1989 Aspen /Pitkin Planning Department 130 South Galena Street Aspen, CO 81611 April 12, 1989 Aspen /Pitkin Planning Department 130 South Galena Street Aspen, CO 61611 Dear Planning Department: Att. Cindy Houben We have changed our plans for the addition to Filoha Meadows Health Facility. After consideration it seems best to continue with the original blueprint and add the building already approved by your department. Thank you for your kind attention and help in making our decision. Possibly we can work on the suggested conservation easement and walking path from Redstone thru our property when the Commissioners have more interest in this type of planning. Very Sincerely Yours, Dr. and Mrs Bernar yJoh=sOn Filoha Meadows APR 1 4 UUU'U TO: County Attorney County Engineer Environmental Health FROM: Ellen Sassano, Planning Office RE: Filoha Meadows Special Review Parcel ID # 2729-043 -00 -005 & 2729- 043 -01 -526 DATE: March 6, 1989 Attached for your review and comments is an application from Dr. Bernarr Johnson of Filoha Meadows requesting Special Review approval. Please review this material and return your comments no later than April 5, 1989 so that I have time to prepare a memo for the P &Z. Thank you. UU6,U2c3 APPENDIX B Pr% rect Number w. ,/ \\ Section /Parcel Date Submitted pitkin county TO BE COMPLETED BY THE APPLICANT: NAME CJ(! LAND USE APPLICATION R)e 13. . 506 east main street aspen, colorado 81611 ADDRESS %y6 7 ) W/ ' 13- 1?ea5�%01"2'f (?d X16 .23 NAME OF PROJECT /-- 140/j-f} L�fIIJOGIJ S Iii' -n�Tf� �r �.c/+iioiy I`/!C /� /Ty PROJECT LOCATION: (On attached sheet, locate on zoning map, showing boundaries of any natural hazard and resource areas, any other special regulatory districts, Section 5, Land Use Code; and locate on appropriate CSU/ ERA Maps any areas not covered by the above.) TOTAL AREA 6 3 a" 5 5 1*A?E5- EXISTING USE(S) A�,=,41 -&Y 2-�:A(iCAllON '—AC/4/% �" PROPOSED USE(S) (approximate square footage for each) �O� T Ig Z�JE14) �24zf) S: PRESENT ZONING OF SITE 2 DESCRIPTION OF LAND USE PROPOSAL /• ��SO�tl��s� 11 S BOOMS 70 C- (S7i TO BE COMPLETED BY THE PLANNING OFFICE TYPE OF APPLICATION: REZONING GROWTH MANAGEMENT P.U.D. SUBDIVISION SPECIAL REVIEW EXEMPTION BUILDING PERMIT REVIEW 35 -acre + SUBDIVISION VIEW PHASE: PRE - APPLICATION DATE COMPLETED GENERAL SUBMISSION P.C. ACTION DATE BOARD ACTION DATE DETAILED SUBMISSION P.C. ACTION DATE 001 2 % BOARD ACTION DATE FINAL PLAT BOARD ACTION DATE - ebruai V -6, 19009 r,Spen•'r' i t� iii Planning Office 0 South Galena Str eet Aspen, CoIorado 81611 Dear Cindy. irni=_ letter is ir• reply to questions asked in your recent iettr- of Feb,uary 17. Ina Stewart Title Company is working on thL. first requirement and will be contacting you. Tile new development (cabins) will be served by present existing watt- and sewer. When making the extension on the original building in 11 +84, permission was given for the building of an additional residence building. To serve this residence, a,Jditio'nai leachfield area was added. The present supply of 20 gpm from the spring south of the present ouilding was considered adequate. In the interim, further supply has been assured by the addition of a well in the area of the proposed cabins. The leachfield expansion was built large enough to service mure than the proposed buildings. In the second question, description of number of people, hours and traffic was requested. We plan on having seven, four to five day seminars attended by ten to twenty per-snns, as well as four arthritis treatment Programs annually. The latter are planned for four to sir patients staying three weeks. There is no anticipated increase number of r_ars and adequate parking spaces are already in place. i hope this answers your questions. There is no change in the number of people to be served from our original request in `184 . -3irncer ei ,, ,/t 7 Dr. and Nrs. 6ernarr B. Johnson 31 n YSI� 000031 T 7= 3 Grp fJ N N X r .�;c N, W M 0 0 f Aspen /Pitk 130 aspe February 17, 1989 Dr. and Mrs. Bernarr B. Johnson 14628 Highway 133 Redstone, Colorado 81623 Dear Bernarr and Dorothy, ning Of f ice street 81611 I have reviewed your special review application and have tentatively scheduled it for April 18, 1989. Because we are forced to schedule so far in advance, I feel we have time to work out some remaining concerns. Initially, I feel it is important that the planner handling your application, Ellen Sassano, come to Filoha Meadows for a site review. The concerns" I feel she needs to investigate are as follows: 1. Location of the cabins relative to the floodplain. 2. Location of the cabins relative to wildlife habitat. I would like the Department of Wildlife (D.O.W.) officer to accompany Ellen on the site visit in order to determine if any additional information must be submitted with your application. In addition, we need the following information in order to certify that you have a complete application: 1. Statement from attorney or title company certifying when lot was created and whether contiguous properties have been merged. 2. Statement of how the new development (cabins) is proposed to be served with water and sewer. 3. Description of the operation /hours /maximum "number of visitors /anticipated number of cars /when development is to take place. I will request that the Board of County Commissioners (BOCC) consider waiving the application fee in lieu of the conservation easement. 33v033 i - Please call Ellen at 920 -5090 to let her know when it is convenient for her to come for a site visit. She will also try to have a representative from the D.O.W. come at the same time. We must complete our site visit and have all the necessary information from you no later than March 3rd if we are to remain on the April 18th Planning Commission agenda. If you have any questions, please do not hesitate to call either Ellen or me. Sincerely, Cynthia M. Houben Senior Planner CMH /bc cc: Ellen Sassano UO6J34 MEMORANDUM TO: Ellen Sassano, Planning Office FROM: Tom Newland, Land Use Engineer RE: Filoha Meadows Special Review DATE: April 5, 1989 I have reviewed the materials submitted and would like to forward the following comments to you: Impacts on Road System: The application proposes to place three additional residences and an addition to the existing building. Based on County Road Standards, the proposal will add 21 additional trips per day to Highway 133. This additional traffic is insignificant and will have negligible impacts on the state highway. I has been the policy of the County to limit road cuts on the State and County road system. It is therefore requested that the landowner consider removing one of the access points to the State Highway. Internal Road Design and Construction: The application does not address the current configuration of the internal road system. The additional 3 units will require the road to conform with Class V Country Access road standards. These standards call for a 20' -wide roadway with 2' -4' shoulders. Additionally, the road should abut the State Highway in a perpendicular fashion. Visual Impacts: The visual impacts to the State Highway are not addressed within the application. 00-6J35 Recorded at _ o'clock M., BOOK 485 enE 887 Reception No.— Recorder. THIS DEED, Made this 29thdayof October 1l82, FILING STAMP between MICHAEL D. LeBEAU .o ca = a of San Rafael, California 0 ni .✓a ofXka 6 %Kftxfx �l k§t�a49t9I _ C n Qlmaldv of the first part, and BERNARR B. JOHNSON and DOROTHY 0. JOHNSON whose legal address is 24848 Tulip Avenue, Loma Linda, CA 9235 co m -daa d[Ak* %XK*xaf WXk!tXkkk9l ry ;;0 ed1U M3f, of the second part: WITNESSETH, that the said party of the first part, for and in consideration of the sum of Ten Dollars and other valuable consideration r and other good and valuable considerations to the said party of the first part in hand paid by the said parties of the second part, the receipt whereof is hereby confessed and acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey and confirm unto the said parties of second part, their heirs and assigns forever, not in tenancy in common but in joint tenancy, all the following described lot or parcel of land, situate, lying and being in the County of Pitkin and State of Colorado, to wit: See Exhibit A attached hereto and by this reference made a part hereof. 51ATk NOV 1 8 also known as street and number 15150 State Highway 133, Carbondale, CO 81623 TOGETHER with all and singular the, hereditaments and appurtenances thereunto belonging, or in anywise apper- taining and the reversion and reversions, remainder and remainders, rents, issues and profits thereof-, and all the estate, right, title, interest, claim and demand whatsoever of the said party of the first part, either in law or equity, of, in and to the above bat-gained premises, with the hereditaments and appurtenances. TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the said parties of the second part, their heirs and assigns forever. And the said party of the first part, for himself, his heirs, executors, and administrators, does covenant, grant, bargain and agree to and with the said parties of the second part, their heirs and assigns, that at the time of the ensealing and delivery of these presents, he is well seized of the premises above conveyed, as of good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and has good right, full power and lawful authority to grant, bargain, sell and convey the same in manner and form aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments and encumbrances of whatever kind or nature soever, except the lien of a deed of trust recorded Is Reception No. 196795 in Book 333 at Page 813, the unpaid principal balance of :he promissory note secured thereby the grantees herein assume and agree to pay, tnd subject to taxes for the year 1982, due and payable in 1983, which grantees tssume and agree to pay, and the above bargained premises in the quiet and peaceable possession of the said parties of the second part, the survivor of them, their assigns and the heirs and assigns of such survivor, against all and every person or persons lawfully claimingor to claim the whole or any part thereof, the said party of the first part shall and will WARRANT AND FOREVER DEFEND. The singular number shall include the plural, the plural the singular, and the use of any gender shall be applicable to all genders. IN WITNESS WHEREOF the said party of the first part has hereunto set his hand and seal the day, and year first above written. / r �, ` ��� f�' 1'-%C3 -'C) - Signed, Sealed and Delivered in the Presence of STATE OF COLORADO as. Countyof Garfield The foregoing instrument was acknowledged before me this by Michael D. LeBeau e,rvlQe :ec'; '��Ir/llr ui � \" 29th day of October 1982, My Commission expires October 3 ,19 83 . Witness my hand and official seal. Notary's Address: 0223 Hwy. 133, Carbondale, CO 816nlar,•Pahl1e No. 921A. WARRANTY DEED. To Joint Tenanlx.— Copyright Q1978 Rradford Publishing Co., 1824- 463tout Street, Denver, Colorado (523.5011) —1 -78 000036 Lai FE; auoK 435 EXHIBIT A Attached to and forming a part of Warranty Deed between MICHAEL D. LeBEAU Grantor and BERNARR B. JOHNSON and DOROTHY 0. JOHNSON as Grantees. PARCEL A: A parcel of land situated in the SE4SW4 of Section 4, Township 10 South, Range 88 West of the Sixth Principal Meridian, lying Southerly of the Northerly line of said SE4SW4, said parcel of land is described as follows: Beginning at a point whence an iron post with a brass cap found in place and properly marked for the Witness Point to the Southwest Corner of said Section 4 bears S. 52 °38'01" W. 2,175.55 feet; thence S. 22 050'00" E. 368.35 feet; thence S. 15 °35'00" W. 187.69 feet; thence N. 71 033'00" W. 138.74 feet; thence N. 04 °41'28" E. 477.97 feet to a point on the Northerly line of said SE4SW4, the point of beginning. PARCEL B: A parcel of land situated in the SE4SW4 of Section 4, Township 10 South, Range 88 West of the Sixth Principal Meridian, lying Southerly of the Northerly line of said SE4SW4, said parcel of land is described as follows: Beginning at a point whence an iron post with a brass cap found in place is properly marked for the Witness Point to the Southwest Corner of said Section 4, bears: S. 52 °38'01" W. 2,175.55 feet; thence East 516.36 feet, more or less, to the Northeast Corner of said SE4SW4; thence S. 00 005'00" W. 436.00 feet along the Easterly line of said SE4SW4; thence West 399.71 feet, more or less to a point on the East boundary line of that propery described in Book 185 at Page 82, Pitkin County records; thence N. 15 °35'00" E. 100.19 feet, more or less, along the Easterly boundary line of said property described in Book 185 at Page 82 of said records; thence N. 22 °50'00" W. 368.35 feet; more or less, along the Easterly boundary line of said property described in Book 185 at Page 82 of said records, to the Point of Beginning. Excepting therefrom any portion of Parcel B that may lie within Parcel A of the above described properties. There is also hereby conveyed the following described easements for ingress and egress to the property above described: Easement No. 1: Access easement located in the SE4SW4 of Section 4, Township 10 South, Range 88 West of the Sixth Principal Meridian, more particularly described as follows: Commencing at the Southwest Corner of said Section 4; thence N. 63 °59'01" E. 2146.34 feet to the True Point of Beginning; thence N. 84 °01'30" E. 70.06 feet; thence S. 67 016'42" E. 100.00 feet; thence S. 04 °41'29" W. 26.29 feet; thence N. 67 016'42" W. 83.61 feet; thence N. 73 001'00" W. 86.41 feet to the True Point of Beginning. Easement No. 2: A strip twenty feet (201) in width beginning at the East edge of the pavement of Colorado State Highway 133 extending over the South twenty feet of the property of the Grantor, which property is described in documents appearing in Book 190 at Page 587 and Book 185 at Page 82 of the Pitkin County, Colorado, Public Records, and ending at the Southwest corner of the property conveyed by this Deed. This easement shall be for the sole benefit of the above described property and not for the benefit of any other land. Grantees covenant and agree, for themselves, their heirs, successors and assigns to maintain in good condition and repair at all times, at their sole expense, the said access easement, including, without limitation, the roadway, bridge and fences on both sides of the said easement. Said covenant shall run with the land and be binding on all of Grantees' successors in interest. Subject to right of way easement 8 feet in width granted to Mountain States Telephone and Telegraph Company recorded August 20, 1971 in Book 257 at Page 246 as Reception No. 147013 and rerecorded November 15, 1971 in Book 259 at Page 387 as Reception No. 148546 and to the right of way for the uninterrputed flow of the Crystal River. 606231 dUUK�uv r'Ai,E(yJr.. .o � rn a Cn j A 7J M (n N m ASSIGNMENT =M v� m m N :V FOR VALUE RECEIVED, the undersigned hereby sells, assigns, conveys and sets over to BERNARR B. JOHNSON and DOROTHY 0. JOHNSON all of their right, title and interest in and to the First Right of Refusal recorded on October 26, 1979, as Reception No. 219088 in Book 378 at Page 252 of the records of the Clerk and Recorder of Pitkin County, Colorado. Dated and signed this 29th day of October',," "19'82. Linda M. L STATE OF COLORADO ) ss. COUNTY OF GARFIELD ) The foregoing instrument was acknowledged before me this 29th day of October, 1982, by MICHAEL D. LeBEAU My commission expires: October 3, 1983 WITNESS my hand and official seal. NOTARY Address: 0223 Hwy. 133 0:10333 Carbondale, CO 81623 STATE OF Gt.cc �c• w ) ' ss. COUNTY OF!« ) "^ yi.. The foregoing instrument was acknowledged before me this of November, 1982 by Linda M. LeBeau. WITNESS my hand and official seal l No a�ry�ubliic Address: .li f . (i „�u���t f� taus .......... h79 C'ora;,ir h �7 1485 ..... 0:10333 PRE - APPLICATION CONFERENCE SUMMARY PROJECT: 1 APPLICANT'S REPRESENTATIVE: REPRESENTATIVE'S PHONE: Cl'(1''p" 3` y-- Kill OWNERS NAME: 1. 2. r SUMMARY Type of Applications �71?�hl.✓1 Ya.ti /1n <O Rescribe action /type of development being requested: 'i.11. ) 1(7r,/ 4,1"y- ,14, i k .t .;, _ , - I . , / ...,_ ,la 3. Areas in which Applicant has been requested to respond, types of reports requested: Policy Area/ Referral Agent Imo. � {,� •_ r— A,1, ,4 s-._. t ; -V" 'G: 1' f 11:1tiuJ; 4. Review is: (P&Z Only) (CC /HOCC Only) (PiZ then to CC /HOCC) 5. Public Hearing: (YES) (NO) -- — -� 6. Did you to plicant to submit list of ADJA PROPERTY ,PROPERTY OWNERS? S)J(NO) Disclosure of Ownership: 7. What fee was applicant requested to submit: 4 �Dcfe` 6tV B. Anticipated date of submission: 9. COMMENT�jS /UNIQUE CONCERNS:- -i C /1 /�CeV +f ..t ✓ o4 �. /Ir Ir:.. tI I I t =�tl.^ 'rd�1 IX,� /,p Ja. r.e � � •1 ,, f...a 11� -(t`i 7.-y 1.e-4 !.C{ -..I<" Ur 'C -,V , el 'r ( 'f 11:1tiuJ; 1` DEPARTIAENT OF THE INTERIOR ° GGe GEOLOGICAL - `RVEY 107`15' a(J6(v�pmE ~"0 GLENWOOD SPRINGS 24 MI 3915' 307 CARBONDALE 11 Ml. 1'0 309 12,30„ /, r .o / ! ._ i7nnewaY 1 _ ' ___ _ �' L/ 1, �•• I •pOCOr e�p ��-' /9786 O20 ,Ja\. 1 :, � � .`I �.._ . \O 1\ • `• / ..,\ >600 ' � / - I J. \{.\\ 1 \ _ i ; TRA/ I)1 x6610.: _ r __ _ _— 2 b°° I : - __ � ; o _ „� � \. • \ \I, it el• �\ ' 1� A la�f' l\ 4346 -__ - l l Slat __- _ —! /�! /i !(i�l(�r /� .. /^8/ i I -' Y R =. �. \ Vii.' !'� • __ °,� '•u l - X1'',\0` I �� \�\ T. 105. Perzn p, __ 'j � -_ _ – c• - I < f t P. ��S�IiI 1 �, .: ', \`. °,.. \. Al 578' '�h'�i; dii /l.. ,/,/ . 'i” rli L��� • .� \ \. • '�. .�.ti ;ice. � \i -_ 1 -.� 'o' a 'ii ,j. :l; '1 ..� 'I `�. ;��`,' 1343 o 1,� "may "I,osa90d Car!logrou 12'30" LA ,�• \ ` \ CCC - v �: /ir /, _ /. 4142 i8\i —\. lb t . /Scale: i�' =2000 OJEC��_LbCATION y • l � �. „ '. % j _ ::,. .i''FIL "OFiXNEADOWS \ �1 0° EAL, I EU 4 UCATfON FACILITY r - - —� — 1L-- - - - = =— r'j — ., ' I _�� FIGURE f_ t ; GRAND JUNCTION DENVER 100 MILES 200 MILES —+ ]0 GLENWOOD SPRINGS 82 CARBONDALE w 133 a e� REDSTONE 3 MILES ASPEN Located only 45 miles from Aspen, 3 miles north of historic Redstone, in the heart of the White River National Forest. Transportation available from Glenwood Springs or Aspen by prior arrangements. 14628 St. Hwy. 133 Carbondale, Colorado 81623 (303) 963 -1989 Outside Colorado: 1 -800 - 227 -8906 i it A quiet place, with ready access, Filoha Meadows is surrounded by spectacular vis- tas of rocky crags, spruce and aspen covered mountains, the home of elk, Rocky Moun- tain sheep and abundant wildlife. Located at 7000 foot elevation along the beautiful Crystal River, Penny Springs bubbles up its natural hot mineral waters to flow into jacuzzi baths and exercise pool.. The historic Indian springs provide a constant source of Follow the fitness Par Course along the river and enjoy our indoor pools and exercise facilities. fu i,043 �OU�4 �