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HomeMy WebLinkAboutpitkin.planning.246731100007DOCUMENT LAYOUT THIS FILE MAY OR MAY NOT CONTAIN ALL OF THE INFORMATION LISTED BELOW IN THE FOLLOWING ORDER Summary Sheet Resolution for the BOCC and/or P&Z Ordinance for the BOCC and/or P&Z Determination for the Hearing Officer Administrative Determination Staff Memo Application Public Notice, Acceptance Letter, Referral(s) Letter Site Plan Miscellaneous Plat(s) RECEPTION#: 615208, 11/07/2014 at 09:26:38 AM, 1 of 7. R $0.00 Doc Code RESOLUTION Janice K. Vos Caudill, Pitkin County, CO RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO GRANTING SPECIAL REVIEW APPROVAL TO JOHN P. MCBRIDE JR. AND PETER M. MCBRIDE FOR LIMITED DEVELOPMENT CONSERVATION PARCEL TDRS Resolution No./iig-2014 RECITALS I. John P. McBride Jr. and Peter M. McBride ("Applicant"), have applied to the Board of County Commissioners of Pitkin County, Colorado ('BOCC") to sever TDRs from a "Limited Development Conservation Parcel' that is unimproved and on which no development is proposed. 2. The property is located off of East Sopris Creek Road, and is more specifically described in Exhibit A. 3. The property is zoned RS -30 and contains approximately 635 acres. 4. The parcel was created prior to lune 12, 1978, and has not merged with any adjacent parcels. 5. The application was submitted on September 4, 2014, which was prior to the effective date (September 7, 2014) of Ordinance No. 028-2014, which amended the Limited Development Conservation Parcel TDR provisions. Therefore, the application is not subject to Ordinance No. 028-2014. 6. The BOCC considered the application at a duly noticed public hearing on October 22, 2014, at which time evidence and testimony were presented with respect to the application. 7. The BOCC finds that the property complies with the criteria for Limited Development Conservation Parcels in Sec. 6-7040.a.9 of the Code, and, therefore, is eligible for severance of 31 Transferable Development Rights (TDR) Certificates (one TDR/20 acres). NOW, THEREFORE, BE PP RESOLVED by the BOCC that it grants special review approval to John P. McBride Jr. and Peter M. McBride for severance of TDRs from a Limited Development Conservation Parcel, 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 the current or prior applications or in public meetings or hearings and shall consider those representations to be conditions of approval, unless amended by other conditions. 2. Prior to issuance of TDR Certificates, the Applicant shall be required to submit a Conservation Easement, which shall prohibit further development of the property. The Conservation Easement shallrunto the benefit of the County, shall be enforceable by the County, and may not be released or amended without the consent of the County. Prior to recordation, the Conservation Easement shall be submitted to the County Attorney and the Open Space and Trails Land Officer for review; accepted by the Open Space and Trails Board as an asset; and accepted by the Board of County Commissioners by Ordinance. When the Conservation Easement is submitted for review, the Applicant shall provide the County with a title policy to the property and baseline documentation for the property. Resolution No. _-2014 Page 2 3. Within 180 days of the date of approval and concurrent with issuance of the TDRs, the Applicant shall record the Conservation Easement. 4. The Applicant or future owner of the property shall not be eligible to apply for additional special review uses. 5. Failure to comply with the conditions of this approval may result in revocation of this approval, or any subsequent permit(s) or approval(s) related to this property. NOTICE OF PUBLIC HEARING PUBLISHED IN THE ASPEN TIMES WEEKLY on the 18"' day of September, 2014. APPROVED AND ADOPTED on the 22" day of October, 2014. BOARD OF COUNTY COMMISSIONERS, PITK IN COUNTY, COLORADO By Robert A. Ittner, Jr., Chair AS TO CONTENT: APPROVED AS TO FORM: Cindy HoubenJohn Ely Community Development Director Coun rney P076-14 PID 9246731100007 iE[ETTIDN®: 59559e 4/31/2012 a[ 11:26:21 AM, 2 OE 3, ,Sanity K. Voa Cauda._, Pt41n County, CO EXHIWA AN Ihrt val prapmyawned 5y VC lard hCnak, 0.C. a Calendo 4.IW liebilily eompmy, ie SocOon 31,Taw:Wip 6 Sawa R., B6 wm of Ne SiehPM: Ia< a, ioramatnl Lou S. 9, S. 9, 13. 13, la, 13, Nam oaa.Mlf of Oa S -aa a onaGuulm, Ha -' aaal—N of Ne Saamhwen au-avwa, E one-half of IA, Haa . mepuser, am Nonhew one -qua . Smtioa 31, Towmhip 65na[h, p , 66 Wm Doha Sixth P M. IWO� aNaI1OVl�Nv11P0��1�WIIIlYllflyya96�6B,8 N 000030 MEMORANDUM TO: Board of County Commissioners Regular Meeting —�October 22, 2014 THRU: Cindv Houbcuummuni� Development Director FROM: Suzanne Wolff, Senior Planner RE: McBride Special Review for Limited Development Conservation Parcel TDRs SUMMARY: The Applicants are requesting special review approval to sever TDRs from a "Limited Development Conservation Parcel' that is unimproved and on which no development is proposed. APPLICANTS: John P. McBride Jr. and Peter M. McBride REPRESENTATIVE: Glenn Horn LOCATION: East Sopris Creek Road ZONING/LOT SIZE: The parcel contains approximately 635 acres and is conforming in size in the RS -30 zone district. REFERRAL AGENCIES: Referral comments from Pitkin County Open Space and Trails and the Emma Caucus are incorporated throughout this memorandum and are attached for reference. STAFF COMMENTS: LIMITED DEVELOPMENT CONSERVATION PARCEL TDRS (SEC 6-70-40.a.9): If a property owner wishes to sever TDRs from a parcel on which no further development is proposed, the following criteria must be met in addition to the Special Review criteria. NOTE that this application was submitted on September 4, 2014, which was prior to the effective date (September 7, 2014) of amendments to the Limited Development Conservation Parcel TDR provisions, which were adopted pursuant to Ordinance No. 028-2014. Therefore, this application is not subject to Ordinance No. 028-2014. (a) The parcel shall be located within the AR -10, RS -20, RS -30, RS -35 or RS -160 zone district. Response: The parcel is located in the RS -30 zone district. (b) The parcel shall contain a minimum of 160 acres and be configured as it was on December 6, 2006. All residential and accessory structures (with the exception of agricultural buildings) must have existed on the subject property on or before December 6, 2006. All adjacent parcels held in common ownership shall be included for review. Response: The parcel contains approximately 635 acres and is configured as it was on December 6, 2006. 000001 (c) An activity envelope and/or site plan shall be established for all existing development on the property. The size and location of existing structures shall be documented on the site plan. (d) One existing dwelling unit on the parcel may expand up to a maximum floor area of 5.750 square feet. (Floor area of accessory structures other than agricultural buildings, shall be included in the total floor area allowance of 5,750 square feet.) If a dwelling unit(s) of larger than 5,750 square feet exists, and/or if more than one legal dwelling unit exists on the parcel, then the parcel shall be subject to the replacement and/or non -conforming structure provisions of the Land Use Code. (e) Agricultural buildings shall not count as floor area. One deed -restricted caretaker dwelling unit of up to 1,000 square feet shall not count as floor area. Other accessory structures including garages, shall count as floor area. Below grade space shall county as floor area. (n Neither Growth Management allotments, nor growth management exemptions, including TDRs, may be used on-site to increase floor area or to create a new development right(s). (g) If a deed restricted dwelling unit does not already exist, development of one (1) deed restricted caretaker dwelling unit may be requested and reviewed concurrently with the one step special review for severance of TDRs on the property. The location of the proposed caretaker dwelling unit shall be established through the activity envelope and site plan process. Parcels shall not be eligible to apply for any other new Special Review uses. Response: The parcel is unimproved and no development is proposed. (h) A conservation easement prohibiting further development of the property must be approved by the County Attorney, executed and recorded prior to, or concurrent with issuance of TDR Certificates. The following two exceptions to the prohibition to further development may be made. 1. An unlimited number of new Agricultural Buildings may be built to accommodate on-site agricultural operations subject to a deed restriction(s) pursuant to Sec. 6-30-1.90(e) of the Land Use Code and/or 2. One (1) deed restricted caretaker dwelling unit may be built. Response: The Applicant will execute the required conservation easement. The conservation easement must be accepted by the BOCC by Ordinance, prior to recordation and issuance of the TDRs. The Emma Caucus supports the request and the "transfer of growth from rural areas to sites where development is more appropriate." The Caucus recommends that no agricultural buildings or a caretaker dwelling unit be allowed on the property. Staff agrees, and would note that it is our position that the Code only intended to allow buildings on a parcel with an existing residence and not on a parcel with no development. The Caucus also expresses concern with potential future use of the property for a marijuana grow site. Open Space and Trails ("OST") supports the Applicants' proposal to protect the property, which "enhances OST's effort to conserve the scenic, ecological and rural qualities of the Emma/Sopris Creek Area." OST recommends that a conservation easement held by Pitkin County be utilized to satisfy the code requirement. The Applicant will need to provide the County with a title policy to the property and baseline documentation for the property prior to conveyance. (i) TDRs may be severed from the property and transferred off-site to eligible receiver sites based on the following criteria: 1. The parcel size shall be based upon a survey depicting the property and adjacent parcels held in common ownership, both as configured on December 6, 2006. 2 000002 Z For parcels six hundred forty (640) acres in size, or more: The number of TD& awarded shall be based on one (1) TDR/thirty-five (35) acres. 3. For parcels containing less than six hundred forty (640) acres: The number of the TDRs awarded shall be one (1) TDRItwenty (20) acres. 4. In calculating parcel sire for purposes of determining number of potential TDRs, seventy (70) acres shall be deducted for each legal dwelling unit that exists on properties containing six hundred forty (640) acres, or more: and thirty five (35) acres shall be deducted for each legal dwelling unit that exists on properties containing less than six hundred forty (640) acres of land. If no dwelling units exist on the property, and the property was legally created before June 12, 1978, and is tot otherwise restricted against further development, the entire parcel acreage can be used for purposes of determining number of potential TDRs. 5. If the floor area of the principal structure on the property is limited in perpetuity to less than five thousand, seven hundred fifty (5,750) square feet of floor area, one (1) TDR may be awarded per twenty five hundred (2,500) square feet ofjloor area reduction. Response: The survey provided in the application shows that the parcel contains 635 acres. Therefore, the Applicant is eligible for 31 TDRs (635 acres/20 acres per TDR = 31 TDRs). SPECIAL REVIEW: Special Review approval is required to sever TDRs from a Limited Development Conservation Parcel, subject to compliance with the following standards. A. The special review use shall be consistent with the applicable County Master Plan. Response: The parcel is within the Emma Planning Area. The Future Land Use Map in the 2008 Emma Area Master Plan designated the parcel "RRA — Rural Residential/Agriculture." This designation provides for low density residential development (> 70 acres per dwelling unit), and states, "Development projects on lands designated in this category should incorporate strategies for preserving open space, agricultural use and minimizing visibility of development from public roads and adjacent properties." The Applicant proposes to prevent development of the parcel through issuance of TDRs. The Emma Caucus supports the request, as noted above. B. The special review use shall not conflict with any applicable sections of the Pitkin County Land Use Code, including the County Land Use Policies in Chapter 1. Response: The designation of the property as a Limited Development Conservation Parcel and the associated severance of TDRs do not conflict with the applicable provisions of the Code, and support several of the County's land use policies, including Community Balance, Growth Management and Rate, Land Use Patterns and Rural Development. C. The proposed development must not materially endanger the public health, safety or welfare. D. The proposed development must not substantially injure the value of adjoining or abutting property. Response: No development is proposed. r) (4 n r) 0'i D. The special review use shall be consistent with the intent of the Zone District in which it is proposed to be located. Response: The conservation of land is consistent with the intent of the RS -30 zone district. E. The special review rise shall be compatible with the character of the immediate vicinity of the parcel proposed for development and surrounding land uses, or shall enhance the mixture of complimentary uses and activities in the immediate vicinity of the parcel proposed for development. Response: The conservation of the parcel is compatible with and preserves the rural character of the surrounding area. F The location, size, design and operating characteristics of the proposed special review use must be in harmony with the surrounding area and minimizes adverse effects, including visual impacts, impacts on pedestrian and vehicular circulation, traffic generation, parking, trash, service delivery, air/water pollution or other impacts on natural resources, noise, vibrations and odor on surrounding properties. Response: The severance of TDRs from the parcel will ensure that the parcel will not create any impacts on the surrounding area. G. There must be adequate public facilities and services to serve the special review use, including but not limited to roads, potable water, sewer, solid waste, parks, police, fire protection, emergency medical services, hospital and medical services, drainage systems, and schools. Response: Potential impacts will be reduced since no development will occur on the parcel. H The proposed special review use must comply with any additional standards or requirements stated for such use in Sec. 4-30 andlor Sec. 2-40-20. Response: The standards from Sec. 4-30 are addressed above, and no standards from Sec. 2-40-20 are applicable. RECOMMENDATION: Staff recommends that the BOCC adopt a "motion to approve the McBride Special Review for a Limited Development Conservation Parcel, subject to the attached Resolution." ATTACHMENTS: A. Open Space and Trails B. Emma Caucus Application provided separately 0010004 RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO GRANTING SPECIAL REVIEW APPROVAL TO JOHN P. MCBRIDE JR. AND PETER M. MCBRIDE FOR LIMITED DEVELOPMENT CONSERVATION PARCEL TDRS Resolution No. -2014 RECITALS 1. John P. McBride Jr. and Peter M. McBride ("Applicant"), have applied to the Board of County Commissioners of Pitkin County, Colorado ("BOCC") to sever TDRs from a "Limited Development Conservation Parcel" that is unimproved and on which no development is proposed. 2. The property is located off of East Sopris Creek Road, and is more specifically described in Exhibit A. 3. The property is zoned RS -30 and contains approximately 635 acres. 4. The parcel was created prior to June 12, 1978, and has not merged with any adjacent parcels. 5. The application was submitted on September 4, 2014, which was prior to the effective date (September 7, 2014) of Ordinance No. 028-2014, which amended the Limited Development Conservation Parcel TDR provisions. Therefore, the application is not subject to Ordinance No. 028-2014. 6. The BOCC considered the application at a duly noticed public hearing on October 22, 2014, at which time evidence and testimony were presented with respect to the application. 7. The BOCC finds that the property complies with the criteria for Limited Development Conservation Parcels in Sec. 6-70-40.a.9 of the Code, and, therefore, is eligible for severance of 31 Transferable Development Rights (TDR) Certificates (one TDR/20 acres). NOW, THEREFORE, BE IT RESOLVED by the BOCC that it grants special review approval to John P. McBride Jr. and Peter M. McBride for severance of TDRs from a Limited Development Conservation Parcel, subject to the following conditions, which shall run with the land and be binding on all successors in interest: 1. The Applicant shall adhere to all material representations made in the current or prior applications or in public meetings or hearings and shall consider those representations to be conditions of approval, unless amended by other conditions. 2. Prior to issuance of TDR Certificates, the Applicant shall be required to submit a Conservation Easement, which shall prohibit further development of the property. The Conservation Easement shall run to the benefit of the County, shall be enforceable by the County, and may not be released or amended without the consent of the County. Prior to recordation, the Conservation Easement shall be submitted to the County Attorney and the Open Space and Trails Land Officer for review; accepted by the Open Space and Trails Board as an asset; and accepted by the Board of County Commissioners by Ordinance. When the Conservation Easement is submitted for review, the Applicant shall provide the County with a title policy to the property and baseline documentation for the property. G0OUD Resolution No. -2014 Page 2 — 3. Within 180 days of the date of this approval and concurrent with issuance of the TDRs, the Applicant shall record the Conservation Easement. 4, The Applicant or future owner of the property shall not be eligible to apply for additional special review uses. 5. Failure to comply with the conditions of this approval may result in revocation of this approval, or any subsequent permit(s) or approval(s) related to this property. NOTICE OF PUBLIC HEARING PUBLISHED IN THE ASPEN TIMES WEEKLY on the 18i° day of September, 2014. APPROVED AND ADOPTED on the 22nd day of October, 2014. ATTEST: Jeanette Jones, Clerk to the BOCC APPROVED AS TO CONTENT: Cindy Houben Community Development Director P076-14 PID 4246731100007 BOARD OF COUNTY COMMISSIONERS, PITKfN COUNTY, COLORADO Robert A. Ittner, Jr., Chair APPROVED AS TO FORM: John Ely County Attorney MEMORANDUM TO: Suzanne Wolff, Pitkin County Community Development FROM: Pitkin County Open Space and Trails RE: McBride - Limited Development Conservation Parcel DATE: October 3, 2014 Thank you for the opportunity to comment on the McBride Special Review for a Limited Development Conservation Parcel application. The Open Space program supports the efforts of the McBrides to conserve their lands. The protection of this property significantly enhances OST's effort to conserve the scenic, ecological and rural qualities of the Emma/Sopris Creek area. We recommend that a conservation easement held by Pitkin County be utilized to satisfy the code requirements, as is the case with the adjacent Timroth property. U0U'J07 EMMA CAUCUS P.O. Box 1405 Basalt, CO 81621 (970) 927-3462 emmacaucus n cmail.com MEMORANDUM TO: Suzanne Wolff, Community Development Department FROM: Emma Caucus RE: McBride Special Review for Limited Development Conservation Parcel TDRs (CASE P076-14; PID 2467-311-00-007) Date: October 13, 2014 The Caucus received information on the above request from the County via email on September 10, 2014. The applicant is requesting Special Review approval for a Limited Development Conservation Parcel containing 635 acres +/- located off East Sopris Creek Road. Approval would grant 31 TDR's to the owner in exchange for the Limited Development designation. The application was forwarded to Caucus members by email on the same day. Comments: The subject property is described as a vacant parcel that is adjacent to the Timroth and Gina properties among others in the Emma Caucus area, but the subject property itself is not included in the Emma Caucus area, nor is it included in the Sno-Cap Caucus area. It is zone RR- Rural and Remote, which qualifies it for Limited Development Conservation. Responses from the Caucus were generally favorable as long as the request complies with all zoning regulations; however, several questions arose upon review of this application: The Emma Caucus, Snowmass-Capitol and Crystal River Caucuses are all currently in the process of updating their Master Plans. The County should work with these Caucuses to assure that each Caucus area is mapped so that all properties between them, including those zoned Rural and Remote, are included and protected by one of these Caucuses. The Land Use Code has recently been changed with regard to the number of TDRs issued for this type of property, but the McBride application was filed prior to the Code change. The revised Code would allow 18 TDRs while the previous version allowed 31 TDRs. The cut off was a parcel containing 640 acres, with 1 TDR allowed per 35 acres versus 1/20 acres for parcels smaller than 640 acres. The Caucus assumes the County has approved a survey by a duly I C)� Z - 000U -OD Z licensed surveyor acceptable to the County that certifies the subject property has fewer than 640 acres. The application describes the property as vacant and states several times that "no development is proposed for this property" yet the Code allows unlimited agricultural buildings and a caretaker unit on Limited Development Conservation parcels. While the Emma Master Plan supports traditional agricultural uses in the Caucus area, there is concern at this time about Marijuana grow sites and whether this use should be considered agricultural. If the maximum number of TDRs is to be granted as requested by this application, the Caucus would expect the property to remain vacant (all building rights extinguished) and not suitable as a marijuana grow site. This should at least be part of the negotiation with respect to the number of TDRs granted. In addition, the approval ordinance should specifically state either "no development is allowed" on this parcel or specifically state whatever is allowed, including the size allowed (CDU, barns, etc.) In addition, a vesting period for the construction of any buildings (if allowed) might be appropriate. Consensus: The Emma Caucus strongly supports the transfer of growth from rural areas to sites where development is more appropriate. Our concerns range from the protection of wildlife habitat and wildfire mitigation to traffic impacts along our narrow winding roads. In fact, the Caucus has opposed the paving of the unpaved section of East Sopris Creek Road near the access to the subject property. For all of these reasons, we support this request to prohibit development of this property in exchange for TDRs, but are also concerned should this approval encourage increased agricultural use that might result in other negative impacts. If the application as proposed meets all requirements of the Code, the Emma Caucus supports this request, subject to the Comments and Concerns listed above. Thank you for the opportunity to review this application. 06U,00? Davis Horn,- PLANNING & REAL ESTATE CONSULTING September 4, 2014 Suzanne Wolff AICP Pitkin County Community Development Department 130 South Galena Street Aspen, Colorado 81611 Re: McBride Special Review for Limited Development Conservation Parcel TDRs Parcel ID # 2467-311-00-007 Dear Suzanne: John P. McBride Jr. and Peter M. McBride (applicant) own a 635 +/- acre parcel located on East Sopris Creek Road as depicted on Attachment 1, a Vicinity Map (Parcel ID #2467-3114-00-007). The applicant is represented in this land use application by Davis Horn Incorporated. The subject site is located in the RS -30 zone district and is unimproved. The applicant proposes to sever Transferable Development Rights (TDRs) from the property on which no further development is proposed and is therefore seeking land use approval for Special Review for the Severance of TDRs for a Limited Development Conservation Parcel pursuant to Sections 6-70-40(a)(9) and 2-310(h) of the Pitkin County Land Use Code. Attachment 2 is a Boundary Survey prepared by Kadrmas Lee and Jackson, Inc. Engineers Surveyors and Planners which shows the entire 635 +/- acres known as the Light Ranch and Lost Marbles Ranch. Attachment 1, the Vicinity Map, shows the subject site is bordered by the Timroth (# 2467-302-00-006) and Schoellkopf (# 2467-02-00-007) to the north. The development rights from the adjoining Timroth parcel have been severed and the parcel has been approved as a Limited Development Conservation Parcel. The subject site borders privately owned parcels to the west which are owned by Peter Gina (#2465-361-00-007) and David Brown (#2465-361-00-008). Public lands owned by the BLM border the McBride parcel to the south and east. The McBride family holds a grazing permit on the adjoining BLM lands (see Attachment 9). Attachment 2 shows the BLM lands and subject site are accessed via East Sopris Creek Road and the Light Ranch to the south and east which is owned by the McBride family. The northeast corner of the subject property can be accessed by the development of a driveway from East Sopris Creek Road across the BLM land near the old County Road which crosses the Schoellkopf property. The applicant has prepared a title chain analysis of the subject site and all adjoining private lands ALICE DAVIS AICP S GLENN HORN AICP 000001 215 SOUTH MONARCH ST. • SUITE 104 • ASPEN, COLORADO 81611 • 970/925-6587 • FAX: 970/925-5180 ©- ` I' o adavis@rof.net ghorn@rof.net which is being submitted with this land use application. The title chains shows the subject site was legally created prior to June 12, 1978 and it has not been held in common ownership with adjoining private lands since the June 12, 1978. The McBride parcel qualifies for a residential Growth Management Quota System (GMQS) exemption because the parcel was created prior to June 12, 1978 (date on which the County enacted GMQS) and has not been held in common ownership with adjoining private lands after the enactment of the residential GMQS on June 12, 1978. LAND USE APPROVALS This land use application demonstrates compliance with the Land Use Code sections identified in the Pitkin County Pre -Application Conference Summary Sheet found in Attachment 3. Section 6-70-30 Limited Development Conservation Parcels This section of the land use application demonstrates compliance with the standards in Section 6-70-30 (6), Limited Development Conservation Parcels. The standards appear in bold, followed by the applicant's responses. (6) LIMITED DEVELOPMENT CONSERVATION PARCELS Provided the site meets the criteria for Limited Development Conservation Parcels in Sec. 6-7040(a)(9), TDRs may be severed and sold at the rate of one (1) TDR per twenty (20) acres from parcels containing less than six hundred forty (640) acres; and at a rate of one (1) TDR per thirty-five (35) acres from parcels containing six hundred forty (640) acres, or more. In calculating parcel size for purposes of determining number of potential TDRs, thirty five (35) acres shall be deducted for each legal dwelling unit that exists on properties containing less than six hundred forty (640) acres; and seventy (70) acres shall be deducted for each legal dwelling unit that exists on properties containing six hundred forty (640) acres of land, or more. If no dwelling units exist on the property, and the property was legally created before June 12, 1978, the entire parcel acreage can be used for purposes of determining number of potential TDRs. (Code Adopted July, 2006 by Ord. 014-D-2006 - § 6-70-30 Amended by Ord 038-2006) Section 6-70-40 (a)(9) is addressed in the following section. The subject property contains 635 acres, therefore TDRs may be severed from the property at the rate of one TDR per 20 acres. No land area for this calculation has been deducted from the 635 acres as the site is unimproved. There will be 31 TDRs created from the designation of the property as a Limited Development Conservation Parcel (635 acres/20 acres per TDR = 31.5, rounded to 31 TDRs. On July 23, 2014 the Board of County Commissioners amended the Code to change the rate of TDRs on parcels of less than 640 acres to one TDR per 35 acres rather than one TDR per 20 acres. This land use application is being submitted prior to the "effective date" (September 7, 2014) of the new codified rate. 2 000002 Section 60-7040 (a)(9) Criteria for Limited Development Conservation Parcel TDRS This section of the application demonstrates compliance with Section 60-70-40(a)(9) of the Code. Standards appear in bold followed by the applicant's responses. (9) CRITERIA FOR LIMITED DEVELOPMENT CONSERVATION PARCELS TDRS If a property owner wishes to sever TDRs from a parcel on which no further development is proposed (with the exception of development of one (1) deed restricted caretaker dwelling unit and/or accessory agricultural buildings) the following criteria must be met, and a Board of County Commissioners approval granted pursuant to One -Step Review Procedures and Criteria for Approval for Special Review Uses or Activities in the Land Use Code. (a) The parcel shall be located within the AR -10, RS -20, RS -30, RS -35 or RS -160 zone district. The site is located in the RS -30 zone district. (b) The parcel shall contain a minimum of 160 acres and be configured as it was on December 6, 2006. All adjacent parcels held in common ownership shall be included for review. The property contains 635 acres and is held in one ownership. The parcel is configured in the same manner today as on December 6, 2006 as demonstrated in the attached title chain analysis. (c) An activity envelope and/or site plan shall be established for all existing development on the property. The size and location of existing structures shall be documented on the site plan. There are no improvements on the property so this is not applicable. (d) One existing dwelling unit on the parcel may expand up to a maximum floor area of 5,750 square feet. (Floor area of caretaker dwelling units and accessory structures other than agricultural buildings, shall be included in the total floor area allowance of 5,750 square feet.) If a dwelling unit(s) of larger than 5,750 square feet exists, and/or if more than one legal dwelling unit exists on the parcel, then the parcel shall be subject to the replacement and/or non -conforming structure provisions of the Land Use Code. There are no existing dwelling units so this in not applicable. (e) Agricultural buildings shall not count as floor area. One deed -restricted caretaker dwelling unit of up to 1,000 square feet shall not count as floor area. Other accessory structures including garages, shall count as floor area. Below grade space shall count as floor area. 3 000003 There are no existing improvements. Improvements are not proposed. (f) Neither Growth Management allotments, nor growth management exemptions, including TDRs, may be used on-site to increase floor area or to create a new development right(s). The applicant will comply with this standard. (g) If a deed restricted dwelling unit does not already exist, development of one (1) deed restricted caretaker dwelling unit may be requested and reviewed concurrently with the one step special review for severance of TDRs on the property. The location of the proposed caretaker dwelling unit shall be established through the activity envelope and site plan process. Parcels shall not be eligible to apply for any other new Special Review uses. The applicant is not seeking approval for a CDU as part of this land use application. (h) A conservation easement prohibiting further development of the property must be approved by the County Attorney, executed and recorded prior to, or concurrent with issuance of TDR Certificates. The following two exceptions to the prohibition to further development may be made. 1. An unlimited number of new Agricultural Buildings may be built to accommodate on-site agricultural operations subject to a deed restriction(s) pursuant to Sec. 6-30-140(e) of the Land Use Code and/or 2. One (1) deed restricted caretaker dwelling unit may be built. The deed restriction will comply with this standard. Development is not proposed. (i) TDRs may be severed from the property and transferred to eligible receiver sites based on the following criteria: 1. The parcel size shall be based upon a survey depicting the property and adjacent parcels held in common ownership, both as configured on December 6, 2006. 2. For parcels six hundred forty (640) acres in size, or more: The number of TDRs awarded shall be based on one (1) TDR/thirty-five (35) acres. 3. For parcels containing less than six hundred forty (640) acres: The number of the TDRs awarded shall be one (1) TDR/twenty (20) acres. 4. In calculating parcel size for purposes of determining number of potential TDRs, seventy (70) acres shall be deducted for each legal dwelling unit that exists on properties containing six hundred forty (640) acres, or more: and thirty five (35) acres shall be deducted for each legal dwelling unit that exists on properties containing less than six hundred forty (640) acres of land. If no dwelling units exist on the property, and the property was legally created before June 12, 1978, and is not otherwise restricted against further development, the entire parcel 000004 acreage can be used for purposes of determining number of potential TDRs. 5. If the floor area of the principal structure on the property is limited in perpetuity to less than five thousand, seven hundred fifty (5,750) square feet of floor area, one (1) TDR may be awarded per twenty five hundred (2,500) square feet of floor area reduction. As previously noted, the subject property is eligible for 31 TDRs. The parcel was legally created before June 12, 1978 as demonstrated in Attachment Section 2-30-30(h)(2) Criteria for Approval: Special Review Uses or Activities This section of the application demonstrates compliance with Sections 2-30-30(h)(2), Special Review Use or Activities. Standards appear in bold and are followed by the applicant's responses. (2) Special Review Uses or Activities The BOCC, the Hearing Officer and/or the Community Development Director shall only approve the proposed special review use or activity if it finds that all of the following criteria are met: a) The special review use shall be consistent with the applicable County Master Plan. 5 000005 The 1987 Pitkin County Down Valley Comprehensive Plan is still the adopted Master Plan for the subject site. The property is not within the Emma Area Master Plan boundaries and is just outside the 2003 Snowmass-Capitol Creek Valleys Master Plan boundary. There is not a more current adopted Master Plan for the area. The Future Land Use Map in the Down Valley Comprehensive Plan of 1987 designates the site Rural Residential (RR) and Agricultural/Wildlife/Reserve (AWR). Designation of the site as a Limited Development Conservation Parcel is entirely consistent with the intent of the Plan. The designation of the property as a Limited Development Conservation Parcel is also consistent with the Emma Area Master Plan and the 2003 Snowmass-Capitol Creek Valleys Master Plan. As previously noted, the adjoining Timroth parcel has been designated as a Limited Development Conservation Parcel. (b ) The special review use shall not conflict with any applicable sections of the Pitkin County Land Use Code, including the County Land Use Policies in Chapter 1. The applicable sections of the Land Use Code have been addressed in this application. This section of the application demonstrates consistency of the land use application with the Land Use Policies in Chapter 1 of the Code. Land Use Code Policies appear in bold followed by the applicant's responses. 1-60: GENERAL LAND USE POLICIES This section contains Pitkin County's land use policies. These policies serve as basic guidelines for the formulation of the regulations contained in this Land Use Code and the review of development applications. Where there is a conflict between a policy and an adopted standard, the standard shall supersede the policy. The applicant shall indicate if a standard conflicts with a policy. 1-60-10: PITKIN COUNTY COMPREHENSIVE PLAN It is the policy of the County to adopt comprehensive plans for the County and regularly update these plans. Throughout this Land Use Code, references to the Pitkin County Comprehensive Plan include the Overview Pitkin County Comprehensive Plan, which encompasses the concepts, policies, actions and common themes contained within all adopted Land Use Master Plans in the County. Where there is any conflict between the Overview and any other adopted Land Use Master Plan, the Overview shall govern. The proposal is entirely consistent with the applicable Master Plan, the Pitkin County Down Valley Comprehensive Plan of 1987 that covers East Sopris Creek Valley. The proposal is consistent with the 2003 Overview of the Pitkin county Comprehensive Plan as well. Cl 000®®C 1-60-20: CONFORMANCE WITH THE PITKIN COUNTY COMPREHENSIVE PLAN It is the policy of the County to ensure that the use and development of land within Pitkin County and any actions committing such land to development or a change in use should consider Pitkin County's Comprehensive Plan. The Pitkin County Down Valley Comprehensive Plan was addressed in a prior section. 1-60-30: COMMUNITY BALANCE The dominant policy of Pitkin County is to conserve and protect from further degradation the present natural environment and its resources. Development that can be accommodated within these limits will be managed to maintain a balance between residential (free-market and affordable), commercial and tourist accommodations. The designation of the McBride property as a Limited Development Conservation Parcel is consistent with the Community Balance policy. The preservation of the parcel enables TDRs to be transferred to more appropriate locations in Pitkin County. 1-6040: GROWTH MANAGEMENT It is the policy of the County to manage the rate at which development applications are approved, as well as the type, location, quality and ultimate quantity of growth. The proposal changes the location of growth from a rural area where growth is inappropriate to TDR receiver sites where growth is more appropriate. 1-60-50: GROWTH RATE: PHASING OF PUBLIC SERVICES AND FACILITIES It is the policy of the County to maintain and improve the quality of life of its residents. To this end, the County will manage the location and timing of development in the residential, commercial and tourist accommodation sectors. The provision and location of public services and facilities should support development that is consistent with the Pitkin County Comprehensive Plan. To ensure that growth is consistent with the Pitkin County Comprehensive Plan the County will maintain a Growth Management Quota System (GMQS). As indicated in the preceding response, the proposal changes the location of growth 7 000007 from a rural area where growth is inappropriate to TDR receive sites where growth is more appropriate. 1-60-60: LAND USE PATTERNS It is the policy of the County that future urban development will be located within adopted Urban Growth Boundaries in order to eliminate residential sprawl and strip commercial development, to ensure the provision of adequate service levels, to preserve agriculture and open space land uses, and to maximize the utility of funds invested in public facilities and services. Lands outside the growth boundaries will be deemed most appropriate for the preservation of agriculture, natural habitat, environmental resources, open space and rural residential uses. The East Sopris Creek Valley is rural in nature. The proposed application insures preservation of the McBride Ranch land and transfers potential growth to more appropriate locations. 1-60-70: RURAL DEVELOPMENT When proposing future development outside of Urban Growth Boundaries, the following elements should be considered: (a) Pitkin County seeks to preserve its natural, rural scenery and natural landmarks for the benefit of its residents and the continued viability of its resort economy. (b) Planned unit style development (PUD), designed to integrate siting in harmony with the environment and consistent with land use policies, is encouraged. Such development tends to minimize the cost of governmental and other services, maximize open space, preserve agricultural lands, and minimize automobile congestion and hazardous conditions on public roads and highways. (c) New development should be compatible with and not fundamentally change the character of any neighborhood or area. (d) Pitkin County does not generally support extensions of public utilities such as municipal water and sewer lines outside of the Urban Growth Boundaries (UGBs). (e) New commercial development should be located within established Urban Growth Boundaries unless it is of a scale and capacity deemed to be appropriate within identified boundaries. (f) Transfer of development rights (TDRs) may be appropriate to preserve and protect rural character, open space, scenic features, and environmental resources, and to avoid development in environmentally constrained areas. (g) To the extent possible, the County seeks to protect scenic corridors along highways, county roadways and mountain road systems. (h) It is the policy of the County that development not impede the ability of citizens to view the night sky without the interference of artificial light. E OU -0008 The preservation of the McBride Ranch land is consistent with this policy. 1-60-80: AGRICULTURAL PRESERVATION (a) Productive agricultural land is a limited resource of environmental, cultural, open space, visual and economic value that should be conserved and preserved. (b) All new development in areas surrounding or incorporated within existing agricultural properties should be designed to minimize impacts to agricultural operations. (c) Preservation and utilization of water for agricultural lands within the county is encouraged. (d) The fragmentation of large parcels of agricultural land is discouraged and the assemblage of smaller parcels into larger, more manageable and agriculturally productive tracts is encouraged. (e) Pitkin County supports "right -to -farm" legislation. (f) Pitkin County promotes the viability of agricultural lands and operations within Pitkin County and supports preservation of large tracts of land now committed to or capable of agricultural uses. The policy is not applicable to the site. 1-60-90: WILDERNESS Pitkin County supports protection of designated Wilderness areas within and surrounding Pitkin County, as these areas provide residents and visitors with vistas and opportunities for experiencing the natural environment while renewing their "mind, body and spirit" The County encourages management of adjacent and neighboring land to preserve the integrity of the wilderness areas. This policy is not applicable to the McBride property. 1-60-100: RECREATION The County recognizes the fundamental importance of recreation and tourism to the local economy and encourages the provision of services and facilities necessary for the continuation of existing activities, consistent with other goals and policies of the County. It is the policy of the County to support preservation of the physical environment; to improve county -wide recreational and trail opportunities; to support citizens' rights of appropriate access to public lands on roads and trails historically open to the public; to secure new access points consistent with County and Federal land use plans; and to protect existing open space from urbanization and development in order to maintain quality of life and enjoyment of the environment. 0 0000O'l This policy is not applicable to this McBride property. 1-60-110: SKIAREAS Pitkin County favors the expansion of uses within existing permitted ski area boundaries, with a focus on expanding uses during non -peak periods, but does not support new alpine ski area proposals. Coordination with the Forest Service and ski area proponents regarding ski area development will consider both on and off-site impacts such as affordable housing, transportation, waterways, air quality and adjacent neighborhoods. This policy is not applicable to the site. 1-60-120: CAMPING The County supports maintenance of existing campgrounds at their current capacities. This policy is not applicable to the site. 1-60-130: TRAILS Non -motorized transportation alternatives, such as trails for bicycles, horses, pedestrians and cross-country skiers are encouraged. The County supports preservation and enhancement of access to trails; and development of bike and pedestrian ways that provide links between communities, residential and employment areas, commercial centers, recreational and open space areas, and educational facilities. Where motorized and non -motorized uses of trails are proposed or exist in common or in close proximity to one another, the County supports consideration of separate and distinct trails for each use. This policy is not applicable to the site. 1-60-140: OPEN SPACE AND TRAILS BOARD The County supports the Open Space and Trails Board in the acquisition and maintenance of open space parcels, conservation easements, trails and facilities such as trailheads, parks, river access points for boating or fishing purposes and access to public lands. Parks, open space and public recreation facilities are encouraged throughout the county. This policy is not applicable to the site. 1-60-150: COMPATIBILITY WITH EXISTING ADJACENT NEIGHBORHOODS 10 000010 It is the policy of the County to insure land use proposals are compatible with existing neighborhoods. To this end, the County will provide notification of pending land use applications to the affected adjoining property owners, homeowners associations and neighborhood caucus groups when appropriate. Preservation of the site is compatible with the neighborhood. 1-60-160: COMPATIBILITY WITH PUBLIC LANDS It is the policy of the County to support the preservation and protection of public lands from the impacts of incompatible development by promoting land uses within and nearby public lands that are compatible with public use of those lands and with the preservation of the natural environment. Preservation of the site is compatible with public lands in the site vicinity. 1-60-170: PRIVATE LAND SURROUNDED BY PUBLIC LANDS (INHOLDINGS) It is the policy of the County to promote and encourage the transfer of private inholdings to public ownership with the objective of promoting consistent management of the public lands to reduce conflicts between private owners and developers and the public at large. This policy is not applicable to the site. 1-60-180: ECOLOGICAL BILL OF RIGHTS (EBOR) As the integrity of our ecosystem is increasingly challenged by human activity, and population growth and the accompanying sprawl are seriously damaging and threatening to destroy the ecological carrying capacity (environmental sustainability) of the region, it is the policy of the County to implement the following rights: (a) The right to breathe clean air and enjoy clear vistas. (b) The right to the preservation of natural riparian areas and wetlands. (c) The right to permanently protected minimum stream flows in rivers and creeks. (d) The right to the preservation and restoration of native wildlife and plant diversity by preservation of sufficient habitat. (e) The right to protection of designated wilderness through management of adjoining land in a way that preserves the integrity of the wilderness areas. (f) The right to a landscape kept free of noxious and invasive weeds. (g) The right of appropriate access to public lands on roads and trails historically open to the public, consistent with the nature and designation of 11 000011 the public lands. (h) The right to dedicated open space protected from urbanization and development. (1) The right to the efficient and renewable use of energy. 0) The right to be free from excessive noise. (k) The right to see the night sky without the interference of unnecessary artificial light from growth, urbanization and highway development. (1) The right to the absolute minimum involuntary exposure to toxic chemicals, radioactive substances and energy forms that are hazardous to health. (m) The right to maintain and not exceed the carrying capacity (sustainability) of the land and water, including protecting water quality. (n) The right to expect government legislation and active enforcement of land use and development regulations consistent with this Ecological Bill of Rights. The proposed preservation of the site through designation as a Limited Development Conservation Parcel is substantially more consistent with the Ecological Bill of Rights than if the site were developed. 1-60-190: NATURAL AND MAN-MADE HAZARD AND RESOURCE AREAS It is the policy of the County that development be sited in locations that avoid natural hazard areas, and where avoidance is not possible, in locations where mitigation is designed to minimize potential harm to life, safety, health, and property. There will be no development on the property, which is consistent with this policy. 1-60-200: SOIL, SURFICIAL GEOLOGIC CHARACTERISTICS AND RADIATION It is the policy of the County that development not be located in areas subject to radiation and geologic hazards. The preservation of this property through designation as a Limited Development Conservation Parcel with no proposed development is consistent with this policy. 1-60-210: DRAINAGE 10000.2 12 It is the policy of the County that development not disturb the integrity of existing and natural drainage patterns, and to discourage land use and development activities that subject areas to increased potential for damage by flood, erosion or sedimentation, or increase the potential for water pollution. The proposal is consistent with this policy. 1-60-220: EROSION It is the policy of the County that development not contribute to the erosion of soil and rock and that natural vegetative cover be maintained and that areas disturbed by land use or development activities be revegetated. The proposal is consistent with this policy. 1-60-230: SCENIC QUALITY Scenic quality will be enhanced with the preservation of the Property through designation as a Limited Development Conservation Parcel. Scenic concerns have also been addressed previously in this application. 1-60-240: CULTURAL/HISTORICAL RESOURCES It is the policy of the County that historic and archaeological resources that meet national, state, or local criteria for historic designation are preserved, protected from neglect, destruction or harmful alteration, and maintained. This policy is not applicable to the site.. 1-60-250: AIR QUALITY It is the policy of the County that development not degrade air quality. The McBride parcel is zoned for as many as 32 single family residential dwelling units. The applicant is proposing no development which will result in a reduction in air quality degradation. 1-60-260: ENERGY CONSERVATION New development is encouraged to incorporate energy conserving and alternative energy systems and building systems that minimize consumption of energy. No development is proposed, so this does not apply to the site. 13 '030313 1-60-270: NOISE It is the policy of the County that development will not generate noise which would adversely impact community noise levels. The applicant shall comply with Pitkin County noise ordinances. 1-60-280: WATER RESOURCES AND AQUATIC/RIPARIAN/WETLAND AREAS (1) It is the policy of the County to preserve and protect its present water resources, recognizing the county's semi -arid character and that significant transmountain and transbasin diversions and the vested rights of senior appropriators have materially curtailed the availability of water resources. Furthermore, wetlands and riparian ecosystems, which are important to maintaining the overall balance of ecological systems; and are important plant communities, wildlife habitat and movement corridors, should be conserved, protected and restored. The County seeks to protect citizens' rights to permanently protected minimum stream flows in rivers and creeks, and to the preservation of remaining natural riparian areas and wetlands. (2) Land uses within the region should be designed to preserve and protect present water resources, including surface and groundwater, and to avoid significant adverse affects on the quantity, quality, or dependability of water resources in the County. Land uses should protect against significant increased salinization of water, loss of minimum instream flows, and the need for future major public expenditures to reacquire or redistribute water resources. (3) To protect water resources and/or riparian habitat, development in areas adjacent to water bodies, functional irrigation ditches and natural watercourse areas should maintain adequate setbacks where necessary. The Limited Development Conservation Parcel with no development proposed protects water resources more than any development alternative. 1-60-290: WILDLIFE It is the policy of the County that proposed land uses (including structures) are compatible with the ecosystem of wildlife habitats and do not pose immediate, long term or potential detrimental impacts to such habitats. The County seeks to preserve, restore and perpetuate native wildlife and plant diversity by maintaining sufficient habitat. The conservation of the subject site will help protect wildlife in the area. 1-60-300: LOGICAL EXTENSION OF UTILITIES 14 000014 It Is the policy of the County to regulate public and private utility extensions. Areas served by such extensions must be found suitable for development in accordance with the Pitkin County Comprehensive Plan. No utilities are necessary which helps preserve the area. 1-60-310: ADEQUATE PROVISION FOR WATER NEEDS It is the policy of the County that the availability of a water supply of adequate quantity, pressure and dependability for fire protection and support of a proposed land use be in place prior to approval of the use. No water or well will be necessary. This lack of development provides another protection for the area. 1-60-320: SEWAGE TREATMENT It is the policy of the County that adequate sewage treatment facilities are feasible and available to serve existing and new developments. No development is proposed and no waste water disposal system is necessary. This preservation provides more protection for the area. preservation. 1-60-330: SOLID WASTE MANAGEMENT Pitkin County is committed to all economically and environmentally appropriate processes that are directed toward reuse opportunities and the prolonging of landfill life. The County supports efforts to reduce waste generation and the amount of solid waste disposed of in landfills, and to implement effective resource recovery and recycling activities. This policy is not applicable to the land use application. 1-60-340: TRANSPORTATION/TRANSIT/ROADS (a) The County encourages transportation programs consistent with the County Asset Management Plan; modes and land use patterns that minimize automobile congestion, promote safety and reduce sources of air pollution. (b) The County supports preservation of rail corridors for potential development of rail or other improved transit/trail alternatives in the future. No development should be allowed to prevent the options of the Community to pursue rail, trail or other improved transit alternatives along such corridors. (c) Where practical as a means of retaining rural character, the County seeks to retain existing unpaved roads and to preclude the extension of winter maintenance on rural roads. (d) The County seeks cooperation with emergency service agencies in establishing emergency access road standards that adequately address safety needs 15 000015 in the context of rural character. (e) Development that generates traffic volumes in excess of the capacity of the County road system or that causes significant service level reductions is discouraged. (f) Appropriate buffer strips should be preserved along federal, state and local roadways to protect public views, minimize safety concerns and environmental impacts, and to preserve corridors for future transportation facilities. (g) Roadway capacity improvements should integrate alternative modes of transportation, such as bicycles and transit, and pedestrian ways so as to add "people carrying" capacity to the roadway, not just vehicular capacity, whenever feasible. (h) New and upgraded roadways should be designed, engineered and constructed to minimize environmental and aesthetic damage and future maintenance costs consistent with public safety needs. The proposed designation as a Limited Development Conservation Parcel with no proposed development will result in a significant reduction in the potential traffic in the site vicinity, particularly when compared to the full development potential. 1-60-350: PITKIN COUNTY AIRPORT (SARDY FIELD) The County will partner with public, private and non-profit entities to support continued air safety, reliable and efficient air service at Sardy Field. Neighborhood impacts will be considered relative to expansions or improvements that would promote aviation operations. This policy is not applicable to the land use application. 1-60-360: TELECOMMUNICATIONS The County encourages adequate, minimal impact regional and community telecommunications facilities to serve the needs of governments, emergency services, businesses, and citizens of Pitkin County. (a) Where a telecommunications system utilizes a network of facilities, a comprehensive approach should be taken for evaluating potential sites in Pitkin County with a view to minimizing the number of sites required and any adverse impact. (b) When feasible and not otherwise detrimental, multiple telecommunications facilities should be consolidated onto common towers, and/or located adjacent to, on or incorporated into existing or proposed buildings or other structures. This policy is not applicable to the land use application. 16 000,616 1-60-370: CITIZEN HOUSING It is the policy of the County to encourage the existence of a supply of desirable and affordable housing for persons employed in Pitkin County, senior citizens, the handicapped, and other qualified persons of Pitkin County. Pitkin County seeks to preserve existing affordable housing to the extent possible; and to encourage the development of affordable housing within established Urban Growth Boundaries, where employment, services and facilities are typically already established. (a) It is the policy of Pitkin County to promote the availability of affordable housing for employees generated by proposed development. (b) A diversity of housing types and densities is encouraged in order to ensure affordable housing for a range of individual and families. Deed restricted housing that ensures occupancy by full time residents is preferred for development, especially within Urban Growth Boundaries. (c) Affordable housing of urban or suburban densities is not encouraged outside the Urban Growth Boundaries if It promotes sprawl or other development inconsistent with this or other policies or regulations of the County. Affordable housing outside Urban Growth Boundaries may be acceptable if it is: (1) Employee Dwelling Units (EDU) and Caretaker Dwelling Units (CDU); (ii) job related on-site housing; (iii) conversion of existing locally serving housing; (iv) on-site required mitigation housing; or (v) replacement of existing affordable housing. (d) Quality residential areas, which function as integral neighborhood units, are encouraged. (e) Rehabilitation of existing residential facilities should be promoted where feasible. The purchase and buy -down of existing units throughout the county is encouraged since it promotes affordable housing goals without increasing growth rates or impacts. (f) Special attention should be directed to providing for dispersal of housing for low and moderate income families and low income senior citizens throughout the residential areas of the Urban Growth Boundaries with due consideration to other policies of the County and the availability of water and sewer service, fire protection, public transportation, employment, shopping, schools, social services, and recreational activities. (g) The use of energy conservation and innovative home building techniques in order to reduce construction and/or operating costs without sacrificing safety or desirability of the housing shall be encouraged and supported. When appropriate, the revision or adoption of building codes will be encouraged to meet this objective. For deed restricted housing projects, a preference will be given to developers and contractors that utilize such techniques. There is no existing development so this is not applicable. 1-60-380: REQUIRE THAT DEVELOPMENT BEAR AN EQUITABLE SHARE OF RELATED BURDENS 17 OOLIO17 It is the policy of the County that new development must pay an equitable share that would otherwise be borne by the general public, and/or make equitable contributions, commensurate with its impacts, to ensure that no reduction in the quality of services, public facilities or programs occurs as a result of the development. The policy is not applicable to the application. 1-60-390: GENERAL GOVERNMENT/ PUBLIC PARTICIPATION AND PLANNING PROCESSES (a) Pitkin County acknowledges the benefit of regional planning. To that end, the County supports planning efforts between counties, towns, state and federal agencies. These cross -jurisdictional approaches are most notably important in the venues of transportation, housing, open space, water resources, agricultural lands, solid waste facilities, public safety, wildfire mitigation and human and social services. Intergovernmental agreements are encouraged to facilitate implementation of common land use goals. (b) The County encourages general public participation when public and quasi -public bodies are making decisions, which significantly affect citizens and the formation of specific citizen advisory groups to participate in planning -related matters. (D) Pitkin County promotes the preparation of community-based plans by Caucuses or other neighborhood groups that are consistent with the policies herein, and other policies adopted by the Board of County Commissioners. Recognizing the unique qualities and issues inherent in our County, creative approaches to land use are encouraged. This policy is not applicable to the application. 1-60400: ECONOMIC SUSTAINABILITY AND CONDITION A balanced, diversified economy should be promoted in order to maintain and enhance the quality of life in our community. The economy should offer desirable local employment opportunities without creating significant job growth. Desirable local businesses may include those that utilize environmentally sustaining operating practices, recycle monies back into the local economy, and do not adversely impact surrounding areas. This policy is not applicable to the application. 1-60410: CONFORMANCE WITH OTHER LAWS It is the policy of the County to consider whether approval of uses or development of lands within Pitkin County is consistent with applicable laws of the United State of America and the State of Colorado. M 000018 The applicant will comply with this policy. (c) The proposed development must not materially endanger the public health, safety or welfare. The proposed Limited Development conservation Parcel with no proposed development will comply with the Code and not endanger the public, health safety and welfare. (d) The proposed development must not substantially injure the value of adjoining or abutting property. The proposed application will enhance the value of adjoining property by conserving approximately 635 acres of land as open space. (e) The special review use shall be consistent with the intent of the zone district in which it is proposed to be located. The proposed conservation of land is consistent with the intent of the RS -30 zone. (fj The special review use shall be compatible with the character of the immediate vicinity of the parcel proposed for development and surrounding land uses, or shall enhance the mixture of complimentary uses and activities in the immediate vicinity of the parcel proposed for development. The proposed conservation use is more compatible with the character of the immediate vicinity than any other potential future use. (g) The location, size, design and operating characteristics of the proposed special review use must be in harmony with the surrounding area and minimize adverse effects, including visual impacts, impacts on pedestrian and vehicular circulation, traffic generation, parking, trash, service delivery, air/water pollution or other impacts on natural resources, noise, vibrations and odor on surrounding properties. The proposed conservation parcel will be consistent with the surrounding area and will reduce impacts on the East Sopris Creek Valley. (h) There must be adequate public facilities and services to serve the special review use, including but not limited to roads, potable water, sewer, solid waste, parks, police, fire protection, emergency medical services, hospital and medical services, drainage systems, and schools. The proposal will reduce impacts on all the public facilities listed above. (i) The proposed special review use must comply with any additional standards or requirements stated for such use in Sec. 4-30 and/or Sec. 2-40-20. 19 00001 The proposed use will comply with these standards. amantrimm This land use application proposes the designation of the 635 acre McBride Ranch property located in East Sopris Creek as a Limited Development Conservation Parcel in order to severe 31 TDRs (635 acres/20 acres per TDR = 31.5, rounded to 31 TDRs). There is no development proposed for the property. The applicant has demonstrated compliance with standards identified in the Pitkin County Pre -Application Conference Summary Sheet. The following is a list of attachments to this application. 1. Vicinity Map; 2. McBride 635 Acre Ranch: Boundary Survey; 3. Pitkin County Pre -Application Conference Summary Sheet; 4. Letter from Owner Authorizing Davis Hom Incorporated to Submit this Land Use Application and to Represent the Owner is the Land Use Review Process; 5. Pitkin County Community Development Department Agreement for Payment of Land Use Application Fees; 6. List of Names and Addresses of Adjacent Property Owners; 7. General Warranty Deed as Proof of Ownership; 8. Deed Demonstrating Ownership; and 9. Bureau of Land Management Grazing Permit. Please contact me if you have questions or need any additional information. Sincerely, DAVIS HORN INCORPORATED 4GLNNHORN AICP 20 000020 6 J m r� 000021 ATT1lC—" 4 dT' 11 M r 0 0 0 0 M N co v N W O O ' O O M h O Y N 000021 ATT1lC—" 4 dT' 11 M ArraC*r,eAr_ 3 6_= PITKIN COUNTY PRE -APPLICATION CONFERENCE SUMMARY PLANNER: Suzanne Wolff DATE: 7/2/14 PHONE: (970) 920-5093 E-MAIL: suzanne.wolff(a)pitkincounty.com LOCATION: East Sopris Creek Road LOT SIZE: 630 acres PARCEL ID #: 246731100007 ZONE: RS -30 OWNERIAPPLICANT: John McBride EMAIL: Ipmcb(cilrof.net II'' PHONE: 925-2103 a1 G10 1 l 4,i` n Type of Application: Limited Development Conservation Parcel TDRs Description of Project/Development: The Applicant proposes to sever TDRs from a parcel on which no further development is proposed. Land Use Code Sections to Address ➢ 2-30-30(h): Special Review Criteria ➢ 6-70-40(a)(9): Criteria for Limited Development Conservation Parcels Review by: BOCC Public Hearing? YES. The applicant shall post a public notice sign on the property at least 15 days prior to the hearing and shall mail notice to all property owners within 300' and mineral estate owners at least 30 days prior to the hearing with the return address of the Community Development Department (copy of notice to be obtained from the Community Development Department). The names and addresses shall be those on the current tax records of Pitkin County as they appeared no more than 60 days prior to the date of the public hearing. Staff will refer to: Emma Caucus, Open Space & Trails FEES: $2,301 (make check payable to "Pitkin County Treasurer") • $1,872 Planning Office flat fee (non-refundable; based on 6 hours of staff time; if staff review time exceeds 7.2 hours, the Applicant will be charged for additional time beyond 6 hours at a rate of $312/hour) • $375 Clerk • $54 Public Notice fee To apply, submit 5 copies of the following information (unless noted otherwise): 1. Summary letter explaining the request, summarizing prior approvals and addressing compliance with the Code sections listed above. 2. Site Plan or map of the parcel 3. Draft Conservation Easement 4. Disclosure and proof of ownership of the property, consisting of a current certificate from a title insurance company or attorney licensed to practice law in the State of Colorado, listing the names of all owners of the property and all mortgagees, judgments, liens, easements, contracts and agreements affecting use and development of the parcel and proof of the owner's right to use the land for the purposes identified in the development application. 000023 5. Sufficient information/documentation to establish that the parcel was legally created prior to June 12, 1978 and a title history for the subject property and contiguous property or a letter from an attorney or title company to demonstrate non -merger (1 copy of all documents); 6. Proof of adequate legal access to the property (1 copy of all documents); 7. Consent from the owner of the property for the representative to process the application and represent the owner (if applicable - 1 copy); 8. Parcel description, including legal description, and 8-1/2"x 11" vicinity map locating the subject property within Pitkin County; 9. Executed Pitkin County Community Development Agreement for Payment of Land Use Application Fees (1 copy) (form attached); 10. List of property owners within 300' and mineral estate owners (1 copy); and 11. This Pre -Application Conference Summary Sheet. 12. Total fee for review of the application as noted above. NOTES: PLEASE SUBMIT TWO UNBOUND AND ONE-SIDED COPIES OF YOUR COMPLETE APPLICATION. PLEASE SUBMIT TWO-SIDED COPIES OF ALL REMAINING COPIES OF YOUR APPLICATION (IF POSSIBLE). THE PARCEL IDs SHOULD BE INCLUDED ON ALL DOCUMENTS INCLUDED IN YOUR APPLICATION. D ALL MAPS SHALL BE FOLDED. 9 This pre -application conference summary is advisory in nature and not binding on the County. The information provided in this summary is based on current zoning standards and staff's interpretations based upon representations of the applicant. Additional information may be required upon a complete review of the application. The Land Use Code is available on-line at County Code D The Land Use Application manual is available on-line at http //www aspeni2itkin com/Portals/0/docslcountV/Com%2ODevIP/anninq/land use applicatio n manual.pdf S Applicant will be responsible for mailed and posted notice. Public Notice requirements are described in Section 2-20-100 of the Pitkin County Land Use Code. A signed, notarized copy of the affidavit confirming notice must be received from Applicant prior to approval. 000024 / 41ll, VV. 01V11 970 927-4496 970 948-1718 July 24, 2014 ITACK*W%T .�– Suzanne WolffAICP City of Aspen Community Development Department 130 South Galena Street Aspen, CO. 81611 RE: Authorization to Submit a Land Use Application for the 630 Acre McBride Property known as the Light Ranch and Lost Marbles Ranch on Bast Sopris Creek Road (Pastel 1D 42467-3114-00-007) Dear Suzanne: John P. McBride and Peter M. McBride are the owners o; a 635 +/- acre parcel in the East Sopris Creek Valley. As die property owner, this letter authorizes Davis Horn Incorporated to submit a land use application on behalf of the McBrides and to represent them in the land use review process. Glenn Horn or Alice Davis of Davis Horn Ineorpora.ted can be reached at 970 925-6587 and are located at 215 South Monarch Street Suite 104 in Aspen Colorado. The parcel identification number (PID) for the property is 2467-3114.00.007. Sincerely, John P. McBride Jr., (honer jw✓i't— Peter M. McBride, Owner 000025 John P. McBride Jr. Peter M. McBride 303 East AABC Aspen, CO. 81611 970 927-4496 970 948-1718 July 24, 2014 Suzanne Wolff AICP City of Aspen Community Development Department 130 South Galena Street Aspen, CO. 81611 RE: Authorization to Submit a Land Use Application for the 630 Acre McBride Property known as the Light Ranch and Lost Marbles Ranch on East Sopris Creek Road )Parcel ID #2467-3114-00-007) Dear Suzanne: John P. McBride and Peter M. McBride are the owners of a 630 acre parcel in the East Sopris Creek Valley. As the property owner, this letter authorizes Davis Horn Incorporated to submit a land use application on behalf of the McBrides and to represent them in the land use review process. Glenn Horn or Alice Davis of Davis Horn Incorporated can be reached at 970 925-6587 and are located at 215 South Monarch Street Suite 104 in Aspen Colorado. The parcel identification number (PID) for the property is 2467-3114-00-007. Sincerely, John P. McBride Jr., Owner Peter M. McBride, Owner 000026 PITKIN COUNTY COMMUNITY DEVELOPMENT DEPARTMENT AGREEMENT FOR PAYMENT OF LAND USE APPLICATION FEES PITKIN COUNTY (hereinafter COUNTY) and john Y" Mc grni( lr R>ot Ptlfi M' OneQr� (hereinafter APPLICANT) AGREE AS FOLLOWS: 1. APPLICANT has submitted to COUNTY an application for Li m de/J! at 1 ati1etrt i�/enLtlr'19/:-(-i ,7n i"f r no.I 7DE S (hereinafter, THE PROJECT). 2. APPLICANT understands and agrees that Pitkin County Ordinance No. 30-2009 establishes a fee structure for land use applications and the payment of all processing fees is a condition precedent to a determination of application completeness. The fee structure is based on the County's policy that development shall pay, in full, the cost of development review in Pitkin County. Fees have been set to be consistent and fair to the public and to reflect the expense incurred in providing such services to the public. 3. APPLICANT and COUNTY agree that because of the size, nature or scope of the proposed project, it may not be possible at the time of application to ascertain the full extent of the costs involved in processing the application. 4. APPLICANT and COUNTY agree that fees charged for the processing of land use applications shall accumulate if an application includes more than one type of land use review. 5. COUNTY and APPLICANT further agree that it is impracticable for COUNTY staff to complete processing or present sufficient information to the Planning Commission and/or Board of County Commissioners to enable the Planning Commission and/or Board of County Commissioners to make legally required findings for project approval, unless current billings are paid in full prior to decision. 6. Therefore, APPLICANT agrees that in consideration of the COUNTY's waiver of its right to collect full fees prior to a determination of application completeness, APPLICANT shall pay a base fee in the amount of $�2-301= which is based on 1,0 hours of staff time, and if actual time spent by staff to process the application exceeds the average number of hours by more than 20%, then the COUNTY will bill the APPLICANT quarterly for the additional time spent. Such periodic payments shall be made within 30 days of the billing date. APPLICANT further agrees that failure to pay such accrued costs shall be grounds for suspension of processing. PITKIN COUNTY Cindy Houben Community Development Director Effective 1/26/10 G:county\admin\forms\agreement to pay UJUJZI APPLICANT Glenn I-lL;rn Print NaM=L—J, � Signature Date: -I r I !' j Li Mailing Address: 'z r 5 11W"72 3r7 5 PIctX n��ll� Nc�N ;ROWN DAVID A EAST SOPRIS LLC GOODING ALEXANDER RYAN & REBECCA 'O BOX 1303 PO BOX 190 BRUNSON ;ASALT, CO 81621 SNOW MASS, CO 81654 4707 BEAR RIDGE RD BASALT, CO 81621 OT 11 SOPRIS CREEK LLC 651 BEAR RIDGE RD ;ASALT, CO 81621 ;LM 'O BOX 1009 ;LENWOOD SPRINGS, CO 81602 000023 SCHOELLKOPF WALTER H PO BOX 188 SNOWMASS, CO 81654 SPENCER PAUL W 5000 BEAR RIDGE RD BASALT, CO 81621-9286 310: ' RECEPTIONit: 595592, 12/31/2012 at 11:26:24 AM, 1 OF 3, R $21.00 DF $0.00 Janice K. Von Caudill, Pitkin County, CO GENERAL WARRANTY DEED TORN P. MCBRIDE, whose address is 303 E AABC Aspen, CO 81611 as a git hereby transfers and conveys to JOHN P. McBRIDE Jr., as to an undivided two-thirds (%rds) interest as tenant in common, and PETER M. MCBRIDE, as to an undivided one•third(rA rd) interest as tenant in common, whose address is clo John P. McBride, 303 E AABC Aspen, CO 81611, the following real property in the County of Pitkin, State of Colorado: See Exhibit A attached hereto and incorporated herein with all its appurtenances, and warrants the title to the same, subject to and except for general taxes for 2012 and thereafter payable in 2013 and thereallcr. ALL REFERENCES BEING TO THE REAL PROPERTY RECORDS OF PITKIN COUNTY, COLORADO. Dated: December a, 2012. a Jo P. McBride STATEOFCOLORADO ) ) ss COUNTY OF PITHIN ) The foregoing Instrument was acknowledged before Inc the undersigned authority on December22, 2012, by John P. McBride. WITNESS MY HAND AND SEAL.'— Mycommissionexpirm: 11/4/2013 Notary PubfsC [SEAL) WESLEY" C. SIfLEK 00002`1 RECEPTION$: 595592, 12/31/2012 at 11:26:24 AM, 2 OF 3, Janice K. Vos Caudill, Pitkin County, CO EXHIBIT A All that real property owned by VE Land & Cane, LLC, a Colorado limited liability company, in Section 31, Township 8 South, Range e6 West of the Sixth P.M.; including govemmem lots 5, 7, 8, 9, 12, 13, 14, 15, North one-half of the Southeast one -quartet, Northmst one-qupmcr of the Southwest one-quarter, East one-half of the Northwest one-quaner, and Northeast onc-quarto, Section 31, Township 6 South, Range 86 West ofshe Sixth P.M. I11111lNIIINNNIf1NNNNNIIIIIiIII iInNNlI 466016; u.0 ors nnw cwurr co R u.ao o raa.as 000030 RECEPI Ja-icc 000031 1000 500 0 1000 2000 SCALE' T' • 1000- YPl'(laL{�@@6 @uD �1Nt � S9 l�l�Iu' lII1�'au 81 i EK HE 114 ,I11n . HWrA ._ i1II11II1111 i r , PARC L 8 '_ AREA +I_ 6F .4 ACHES (NV e:aiu a 90 HEY H'h OF THE OF THE S9 19 ' SWY. SE:K T to 1a 1e to to T &S : T 95 10 a 1000 500 0 1000 2000 SCALE' T' • 1000- @uD �1Nt l�l�Iu' lII1�'au 81 ,I11n 0".1a1 i1II11II1111 i e:aiu a 1000 500 0 1000 2000 SCALE' T' • 1000- viiaciva a .x, .nn ..o January 21, 2002 Sheet 1 Of 2 Light Ranch Parcai 8: ALL THAT REAL PROPERTY OWNED BY JOHN P. MCBRIDE IN SECTION 31, TOWNSHIP 0 SOUTH, RAN14G GOVERNMENT LOTS 5, 14, 1586WEST OF HE NORTH ONETHALFIOFHTHE MSOUTHEAST I7,� ONE-QUARTER, NORTHEAST ONE-QUARTER F THE SOUTHWEST ONE-QUARTER, EAST 3 WE -H SHIP THE NORTHWEST 86 QUARTCR,EST OF ANDSIXTH NORTHEAST ONE QUARTER, SECTION P.M. 00,0352 08/28/2014 10:19 9708769090 nnava'tt.F. COPY , Form 413p -2a (Febz ry 1999) UNITED STATES DEPARTMor THE BUREAU OF ENT MANAGEEMENTR GRAZING PERMIT BUREAU OF LA'LO WANAOSMENT COLORADO RIVER VALLEY FIELD OFFICE 2300 RIVER FRTO. RD. SILT CO 816S2 CRVFO PAGE 02 AUTR NUMBER: 0507505 OATS PRINTED: 4/29/2014 STATE CO OFFICE LLCCN04000 AUTH NUMBER 0507505 PREFERENCE CODE 03 DATE PRINTBD 04/2$/2014 TERN 06/01/2014 TO 02/28/3024 MCBRIDE, JOHN P• C/O JOMM P. MCBRIDE, JR. 5463 S. SOPRIS CREEK ROAD SNOWMAS9 CO 91654 5, ON THISYOU Ak£ AUTHORIZEDTOM097AKE GRmAEINO USE TO YOU OF�LANDS43 C UNDERPART THE 4100 BASSO CTIONOOF THE RECOGNIZED or LANDCAT ONS. GPAZING MANAGEMENT PERMIT A� PAYMENT THIS O�ZING PERMIT,G FRES HUPON 6a7 DUBS ACCEPTANCE OF TFIIi TERMS AND CONDITIONS OF THIS CONTACT YOUR LOCAL SLM OFFICE AT 970476-9000 IF YOU HAVE QUESTIONS. MANDATORY TERMS AND CONDITIONS LIVESTOCK gm= F'aQ PAW= NSIDIBg>! IS.INQ AR12TW WrA un �-R mYPE u8& AUMS 150 CATTLE 06/01 10/10 17 ACTIVE 111 08354 MCERIDE OTHER TERMS AND L, MAINTENANCE OF RANGE IMPROVEMENT$ IS REQUIRED AND SMALL BE ZN ACCORDANCE MITE ALL APPROVED COOPERATIVE AGREEMENTS AND RANGE IMPROVEMENT PERMITS. MAINCENANCE SMALL BE OOMPLETED PRIOR TO TURN OUT. MAINTRNANCS ACCIVITIES SMALL BE RESTRICTED TO THE FOOTPRINT (PREVIOUSLY DISTURBED AREA) OF THE PRWECT AS IT EXISTED WHEN IT WAS INITIALLY CONSTRUCTED" TRW BUREAU OF LAND MANAGEMENT SMALL SR 01730 48 HOURS ADVANCED NOTICE OF ANY MAINTENANCE WORK THAT MILL INVOLVE HEAVY EQUTPEMSNT. DISTURBED AREAS WILL BE RESEEDED WITH A CERTIFIED WEED -FREE SEED MIXTURE OF NATIVE SPECIES ADAPTED TO THE SITE. THE PERMITTEE AND ALL PERSONS ASSOCIATED WITH GRAZING OPERATIONS MUST BE INFORMED THAT ANY PERSON WRO INJURES, DESTROYS, EXCAVATES, APPROPRIATES OR REMOVES ANY HISTORIC OR PREHISTORIC RUIN, ARTIFACT, OBJECT OF ANTIQUITY, NATIVE AMERICAN REMAINS, NATIVE AMERICAN CULTURAL ITEM, OR ARCHEAULOGICAL RESOURCES ON PUBLIC LANO IE SUSJBST TO ARREST AND PENALTY OF LAW. IF IN CONNECTION WITH ALLOTMENT OPERATIONS UNDER THIS AUTEORIZATION ANY Of THE ABOVE RESOURCES ARE ENCOUNTERED, TRE PROPONENT SMALL IMMEDIATELY SUSPEND ALL ACTIVITIES IN THE IMMEDIATE VICINITY OF THE DISCOVERY THAT MIGHT FURTHER DISTURB SUCH MATERIALS AND NOTIFY TME BLH AUTHORIZED OFFICER OF THE FINDINGS• THE DISCOVERY MUST BE PROTECTED UNTIL FUR71ARR NOTIFIED IN WRITING 70 PROCEED BY THE AUTHORIZED OFFICER- sW6.2mms A a1A Tamp SC[APR1®R P�T� nSE ar*•vC ADM$ �-� O 236 08331 LIGHT 1]S OOU-033 08/28/2014 10:19 g E 9708769090 CRVFO Standard Tez%sG and Conditions PAGE 04 ADTe NUMBra: 0607505 DATE PRINTED: 4/LS/2014 t, I. lished in accordance withrthe provisions of theConditions regulationsfees nomchar hereafter approveduse byare thesSecretary of the Interior. yy 2. They art subject to cancellations lesseelwith rule Or in es andareanlationatime ecause of: whish it i• based. a- Noncompliance by the pexmittee/ b. IAsa of control by the permittee/leaaee of all or a par of the property vp C, A transfer of grazing preference by the permittee/lassea to another party. d. A decrease in the lands administered by the Bureau of Land Management within the allotment(s) described. a• Repeated willful unaothcrized grazing use - f. Loss of qualifications to hold a permit or lease. nt;B 3 They are subject to the terms and conditions of allotment Faarunaeeor leaeaslans lwhsuch pleas steda preAued. Allotment mana4emhave been ant plana MUST be Incorporated 4 Those holding permits or leases MOST own or Control and be responaible for the management of livestock authorized to graze. in of the S. The authorized officer may require counting and/Or additional or special marking or tagging livestock authorized to graze. pis available for public inspection as required by the 6. Theermittee's/lessee's grazing ease file Freedom of Information Act. 77 nonxit'r set in 7. erasing permits or leases aasended, A copy thieerdeztmay be fromhthe authorized 7. eCutive _ � ' re 11246 of September 24, 1964, officer. e. Livestock grazing use that is different from that authoxizefl by a permit or lease MUST be Applied for pricr to the grazing period and MOST be filed with and approved by the autherized officer before grazing use can be made- become a part of the 9. Billing notices are issued which specify fees due. silling. notieEa, when Paid, grazing permit or lease- Crazing use ettlementbe authorizediduringted eany period Of delinquency in the payment of amounts due, iacluding 10, The holder of this authorisation must notify tthe Futohbjectedoffcultura patrimoficer yayu�culturaln the l iteemss))y, of human remains, In area acts, sacred objects, make a reasonable effort to protect the remains and/ stop the activity in tris nrea of the discovery an or CGltural items. 11. Grazing fee payments are due on the date specified on the billing notice and MOST be pend in full within 15 days of the due data, aXCept as otherwise Provided in the grazing pe permit ere Imams. If payment is not ease within that time Trane, a late fee (the greater Of $25 or 10 percent of the amount owed but not more than $2501 will be aseeseed- after hie/her election of 12. No Member of, or Delegate to, Congress or Resident Cammiseiondu Or emplo ee of the Department of the Interior, other than members of Advisory Appointment. or either before or after he/she has qualified, and during hie/hex continuants In o c•. and no officer, agent, Y committeee appointed in ajcordande with the Federal Advisory Committee ACS (9 II-S.C. App and SSCCione 309 of the Federal Land policy and Managemerio= d rive nat of y banefit(43 gto arise the ed the admitted to any share or past is a permit or lease, U. b• a licable• provision Of section 37alpartlOEa grazing (pernit or lease,sofar asthesama]may]], apP 93 CFRPark enter nd THIS pRAzlhro PERMIT: E OR IN78RBST NEW THE UNITED STATES IN Awr LANDS OA RESOURCES 1, CONVEYS NO RIGHT- TITL ON 01 CANCELLATION AS 2. IS SUBJECT TORI gj� I pZFICATIO OPITBRt9E AND CONCITIONS AS APPROFRIATUIRED By B_;AM A(CC) THE TANS AND YLOR GR RAZING LANs (B) ARLa1AL _ALT, AS MMMO, ACT, AS ACT, AND TSB BMM SD,RULT E FEPrPULAIMP POLICY NOW OR HEREAFTER Rey/ ATEO T UNDEXBy THE SECCRETTARROp TSEERO r� INTERIOR. 7 2 ACCEPTED: ISL RATE: SIGNATURE OF FERMITTEB: Si �'� APPROVED �� DATE: (� ELM AUTHORIZED OFFICER: L� APR 2 8 1014 $�lEYF4� 3UU034 <- Subject Parcel 2467-311-00-007 Title Chain John P. McBride, Jr, 2/3`d and Peter M. McBride 1/3`d, Grantees McBride Ranch Parcel 8 of the Light Ranch Leo Light and Mami W. Light, Grantees Floyd Beard, Grantor Warranty Deed Rec. 102167 — Dated 2/19/1955 Leo Ray Light, Grantee Leo Light and Mami W. Light, Grantors Warranty Deed Ree. 106730 — Dated 8/15/1958 Bidgle LLC, Grantee Leo Ray Light, Grantor Warranty Deed Rec. 435073 -- Dated 8/31/1999 L/E Land & Cattle, LLC, Grantee Bidgle LLC, Grantor Special Warranty Deed Rec. 452126 — Dated 3/6/2001 L/E Land & Cattle, LLC, Grantee Bidgle LLC, Grantor Special Warranty Deed Rec. 453054 — Dated 4/5/2001 (Rerecord) John P. McBride, Grantee L/E Land & Cattle, LLC Bargain & Sale Deed Rec. 465818 — dated 4/2/2002 John P. McBride, Jr 2/3`d and Peter M. McBride UP, Grantees John P. McBride, Grantor General Warranty Deed Rec. 595592 — Dated 12/27/2012 UUUJ35 k YT 000036 � �!o /\ \ + \ (vm \ � \\w @ ° \j -0(}, | Parcel Detail Iof3 http://www pitkmassessor.org/assessor/Parcel.asp?AccountNum.. Pitkin County Assessor Parcel Detail Information Assessor Property Search I Assessor Subset Query I Assessor Sales Search Clerk & Recorder Reception Search I Treasurer Tax Search Search GIS Map I GIS Help Basic Building* Characteristics I Value Summary Parcel Detail I Value Detail I Sales Detail I Residential/Commercial Improvement Detail Owner Detail I Land Detail I Photosraphs .0100337 TProperty ax Area Account Number Parcel Number Type 2013 Mill Levy 016 R013086 246731100007 AG 73.254 Primary Owner Name and Address MCBRIDE JOHN P JR 2/3 1720 S BELLAME STE 405 CO 80222 Additional Owner Detail Legal Description Subdivision: LIGHT RANCH - UNPLATTED Section: 31 Township: 8 Range: 86 LAND IN N2SE4 SEC 31-8-86 NE4SW4 SEC 31-8-86 E2NW4 SEC 31-8-86 NE4 SEC 31-8-86 LOTS 5 7 8 9 12 13 14 & 15 SEC 31-8-86 PARCEL 8 Location 7/31/14,3:23 PM Parcel Detail http://www.pitkinassessor.org/assessor/Parcel.asp?AccountNurn .. Physical Address: JE SOPRIS CREEK RD SNOWMASS- Subdivision: LIGHT RANCH - UNPLATTED �— Land Acres: 1729.000 �— Land Sq Ft: 10 Section Township Range 31 8 �— 86 2014 Property Value Summary �— Actual Value Assessed Value Land: 57,700. 16,730_ Improvements: 0 0 Total --1 57,7001 16,730 �— Sale Date: 4/2/2002 Sale Price: 11,600,000 Additional Sales Detail Basic Building Characteristics Number of Residential 0 Buildings: Number of Comm/IndF 0 Buildings: No Building Records Found Top of Paee Assessor Database Search Options Pitkin County Home Page The Pitkin County Assessor's Offices make every effort to collect and maintain accurate data. 7/31/14,3:23 PM 2of3 000033 Parcel Detail 3of3 http://www.pitkinassessor.org/assessor/Parcel.asp?AccountNum... However, Good Turns Software and the Pitkin County Assessor's Offices are unable to warrant any of the information herein contained. �Ul7�Ji Copyright © 2003 - 2014 Good Turns Software. All Rights Reserved. Database & Web Design by Good Turns Software. 7/31/14, 3:23 PM RECEPTION#: 595592, 12/31/2012 at 11:26:24 AM, 1 OF 3, R $21.00 DF $0.00 Janice K. Vos Caudill, Pitkin County, CO GENERAL WARRANTY DEED JOHN P. McBRIDE, whose address is 303 E AABC Aspen, CO 81611 as a gift, hereby transfers and conveys to JOHN P. McBRIDE Jr., as to an undivided two-thirds (t/a rds) interest as tenant in common, and PETER M. McBRIDE, as to an undivided one-third (Ya rd) interest as tenant in common, whose address is c/o John P McBride, 303 E AABC Aspen, CO 81611, the following real property in the County of Pitkin, State of Colorado: See Exhibit A attached hereto and incorporated herein with all its appurtenances, and warrants the title to the same, subject to and except for general taxes for 2012 and thereafter payable in 2013 and thereafter. ALL REFERENCES BEING TO THE REAL PROPERTY RECORDS OF PIIKIN COUNTY, COLORADO Dated: December lu, 2012. Joh P. McBride STATE OF COLORADO ) ) ss COUNTY OF PITKIN ) The foregoing instrument was acknowledged before me the undersigned authority on December, 2012, by John P. McBride. WITNESS MY HAND AND SEAL. My commission expires'Q/12/2013 Notary Pub [SEAL] C W,ulMAW,GvWY4lrnirr�YWrWbrEu,e PYwnEW MV PAnreplm W ry�ew YrmlY M 0 0,0040 WESLEY C. SULEK RECEPTION#: 595592, 12/31/2012 at 11:26:24 AM, 2 OF 3, Janice K. Vos Caudill, Pitkin County, CO EXHIBIT A All that real property owned by LIE Land & Cattle, LLC, a Colorado limited liability company, in Section 31, Township 8 South, Range 86 West of the Sixth P.M.; including government lots 5, 7, 8, 9, 12, 13, 14, 15, North one-half of the Southeast one-quarter, Northeast one-quarter of the Southwest one-quarter, East one-half of the Nortbwest one-quarter, and Northeast one-quarter, Section 31, Township 8 South, Range 86 West of the Sixth P.M. IIINIIIIIII'IIIIIIUIIIIIIIIVIIIIIIII%VIIIYIIII�I e658e8 tt osn nlvra (AM' Mc. caMr 0 N 15.90 o me.ae 0U 041 742 RECEPTION$: 595592, 12/31/2012 at 11:26:24 AM, 3 OF 3, Janice K. Vos Caudill, Pitkin County, CO SHEET 2 OF 2 a PARCEL 8 1N' �nry111NII IE11�f � IIIIIIII�IIIIIIIIIII,IIIIIItlIIIVIIIIIIIIIIIIIIIIYI 46580e ll=A SMIA OWS PITKI. C 11 CO R 15 00 D 160.06 1000 500 0 1000 2000 SCALE: V 1000' a�rv•nnPn•1 wPxmw n•e.•rn trn CUJ � 99 +L r; NE f/4 NWY. - PARC L 8 �$ AREA 67 ,9 ACRES y � NE% i NY• i OF �LTC, THE ' OF THE SW/. 9E'/. 99 19 i t>f � 94 i 1F 16 T BS T 9S i -- 99 io F • e Q 6 D BARGAIN AND SALE DEED KNOW ALL BY THESE PRESENTS, that L/E Land & Cattle, LLC, a Colorado limited liability company, ("Grantor"), whose legal address is c/o John P. McBride, Manager 303 E AABC, Aspen, Colorado 81611, for ten and no/100ths ($10.00) Dollars and other good and valuable consideration, hereby sells and conveys to John P. McBride ("Grantee") whose legal address 303 E AABC, Aspen, Colorado 81611, the following described real property situate in Pitkin County, State of Colorado to wit: See attached Exhibit A, containing a legal description and a map depicting said real property, known as L/E Land & Cattle Parcel 8 together with any and all water and water rights, ditches and ditch rights appurtenant to said real property and historically used thereon, with all appurtenances, if any. A o•I Signed and delivered this �~ day of {March, 2002. McBride State of Colorado Pitkin County ) The foregoing instrument was acknowledged before me this Z day March, 2002 by John P. McBride, Manager, L/E Cattle & Land, LLC, A Colorado limited liability company. My commission Expires My commission expires July 26, 2003 Witness my hand and official seal. Notary IIIIIIIIIIIIIII��I I�IIIIIIIIIIIIIII�IIIII�IIIIIIIIIIII 46581802 it:32P SILVIA DAVIS PITKIN COUNTY CO R 15.00 D 160 00 J3i043 EC �&;: lots RcM EXHIBIT A Light Ranch Parcel 8: All that real property owned by L/E Land & Cattle, LLC, a Colorado limited liability company, in Section 31, Township 8 South, Range 86 West of the Sixth P.M.; including government lots 5, 7, 8, 9, 12, 13, 14, 15, North one-half of the Southeast one-quarter, Northeast one-quarter of the Southwest one-quarter, East one-half of the Northwest one-quarter, and Northeast one-quarter, Section 31, Township 8 South, Range 86 West of the Sixth P.M. Mill VIII IIIIII IIII IIIIIII IIID VIII I I VIII III) IIII 16 04/02/2002 8 1 1:32A Sn,VIR DAVIS PITKIN COUNTY CO R 13.00 0 100.00 000044 Do a:Icr al a 11 SHEET 2 OF 2 PARCEL 8 LIGHT RANCH M c e 30 ,±T') N U W 11 E'/a T-T NE 114 ----- Nv PARC L 8 12 AREA +/- 63 .9 ACRES SEC • �9 � 14 OF THE NI/2 OF S W /. i ' 9� 13 15 T9StIi I 10 ( Y a f a ,� w 91 P cc Cr • t � f �CSc465818 (� 1!1111 ����� IIlIII ���� Illilll Illfl ����� ��� Ililf 11111111 0 /2002 3 of 21:32A SILVIA DAVIS PITKIN COUNTY CO R 15,00 1000 500 0 1000 2000 SCALE' 1" - 1000' m-eev�erw.a.nw man er: wm rircrHem o�x+-xwz 000:045 I 11111111111111111111111111111111111111111111111111 ilii e3— 452128 03/00J2001 03: SBP SPECECWD ND DAVIS SILVI 1 of 1 R 5.00 D 0.00 N 0.00 PITKIN COUNTY CO SPECIAL WARRANTY DEED This SPECIAL WARRANTY DEED, made this 315'rday of December, 2000, by and between BIDGLE, LLC, a Colorado limited liability company ("Grantor"), and L/E LAND & CATTLE, LLC, a Colorado limited liability company ("Grantee"), whose legal address is: 303E AABC, Aspen, Colorado 81611. Grantor, for and in consideration of the sum of "Ten Dollars and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents do grant, bargain, sell, convey and confirm unto Grantee, her successors and assigns forever, all the real property together with improvements, if any, situate, lying and being in the County of Pitkin, State of Colorado, more particularly described an the attached Eehibit A. TOGETHER with all and singular the hereditaments and appurtenances thereto belonging, or in anywise appertaining, and the reversions, remainders, rents, issues and profits thereof; and all the estate, right, title, interest, claim and demand whatsoever of the Grantor, either in law or in equity, of, in and to the above bargained premises, with the hereditaments and appurtenances. TO HAVE AND TO HOLD the Property above bargained and described, with the appurtenances unto Grantee, its successors and assigns forever. And Grantor, for himself, his heirs, successors and assigns, covenant and agree that Grantor shall and will WARRANT AND FOREVER DEFEND the above bargained premises in the quiet and peaceable possession of Grantee, its successors and assigns, against all and every person or persons lawfully claiming or to claim the whole or any part thereof, by, through, or tinder it, subject to taxes and assessments for the current year. IN WITNESS WHEREOF, Grantor has executed this deed on the date set forth above Bidgie a Colorado limned liability company B. Joh P. McBride, kv4r STATE OF COLORADO ) )ss. COUNTY OF PIPKIN ) The foregoing instrument was acknowledged before me this 3/57 day of December, 2000, by John P McBride, Manager of Bidgle, LLC. WITNESS my hand and official seal. My commission expires: % I 10 IJ o03 7 N Lary Public JEAN M. RHINEHART/ NOTARYPOSLIC - #149ASPEN VILLAGE:r '�Ji BOX 175 WOODY CREEK, 00 8105§ MY COMMISSION EXPIRES 11/10100,05.; G6tj;046 1 11 402140 03/06/2001 01:50P SPEC ND Di1VI5 SIM 1 of 1 R 5.00 D 0.00 N 0.00 PITKIN COUNTY CO SPECIAL WARRANTY DEED This SPECIAL WARRANTY DEED, made this 56r day of December, 2000, by and between BIDGLE, LLC, a Colorado limited liability company ("Grantor"), and L/E LAND & CATTLE, LLC, a Colorado limited liability company ("Grantee"), whose legal address is: 303E AABC, Aspen, Colorado 81611. Grantor, for and in consideration of the sum of Ten Dollars and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents do grant, bargain, sell, convey and confirm unto Grantee, her successors and assigns forever, all the real property together with improvements, if any, situate, lying and being in the County of Pitkin, State of Colorado, more particularly described on the attached Exhibit .A. ,n4,[ L71iLGaGreK.z(.ui �, TOGETHER with all and singular the hereditaments and appurtenances thereto belonging, or in anywise appertaining, and the reversions, remainders, rents, issues acid profits thereof; and all the estate, right, title, interest, claim and demand whatsoever of the Grantor, either in law or in equity, of, in and to the above bargained premises, with the hereditaments and appurtenances. TO HAVE AND TO HOLD the Property above bargained and described, with the appurtenances unto Grantee, its successors and assigns forever. And Grantor, for himself, his heirs, successors mid assigns, covenant and agree that Grantor shall and will WARRANT AND FOREVER DEFEND the above bargained premises in the quiet and peaceable possession of Grantee, its successors and assigns, against all and every person or persons lawfully claiming or to claim the whole or any part thereof, by, through, or under it, subject to taxes and assessments for the current year. IN WITNESS WHEREOF, Grantor has executed this deed on the date set forth above. Bidgte C, a Colorado iimited iiability, company By Joh P. McBride, Maus r STATE OF COLORADO ) )ss. COUNTY OF PITICIN ) The foregoing instrument was acknowledged before me this 31ST day of December, 2000, by John P McBride, Manager of Bidgle, LLC. WITNESS my hand and official seal. My commission expires: / I 10 IJ 03 M 71$tN tary Public JEAN M. RHINEHART 1 NOTARYPUBLI? - #14SASPEN VILLAGE — , i /itJ BOX 175 WOODY CREEK, CO SAW MY COMMISSION EXPIRES 11116/20-; 1111111111111111111111112001 1111111111EN 1C WD 111111111111111 Q00047 EXHIBIT "A" Parcel I: Tract 76, being in Sections 29 and 32, Township 8 South, Range 86 West of the 6'h Principal Meridian. Parcel 2: Tract 78 being in Sections 32 and 33, Township 8 South, Range 86 West of the Sixth Principal Meridian, and in a portion of Section 5, Township 9 South, Range SF West of the 6" Principal Meridiar:. Parcel 3: Tract 79 being in Sections 32 and 33, Township 8 South, Range 86 West of the Sixth Principal Meridian, and in Sections 4 and 5, Township 9 South, Range 86 West of the 6'h Principal Meridian. Parcel 4: Lots 5, 7, 8, 9, 12, 13, 14, 15, N %2 SE'/4, NE '/4 SW '/4, E'/2 NW Y., NE '/4 all in Section 31, Township 8 South, Range 86 West of the 6'h Principal Meridian. Excepting therefrom all that property conveyed by Quit Claim Deed recorded July 22, 1985 in Book 491 at Page 51 I as Reception No. 269934. COUNTY OF P1TKIN, STATE OF COLORADO 1111111111111111111111111001 1111111111111111UI1 IS 1111 2 of 2 R 10.00 D 0.00 N 0.60 PITNIN COUNTY CO 0Dt�048 35.E 102167 i7L/3s �. 999 Haelree 7q WGSB1HTr DmID'rO JOINT TSNAT'Ta—TMGr.8sOtl8�aut HmktLnw Co. Ac.v.Cab. IbY CIMS yy�ps .Made tie nineteenth day of February m the year of our Lord hoadredand fifty-five between FLOYD BEARD of the County of Pitkin and State of Colorado of tfie first part, and LEO LIGHT and MAMIE W. LIGHT of the County of Pitkin and State of Colorado, of the second part: ; WITNESSETH, That the said part y of the fust part, for and in consideration of the aum of Ten Dollars and other good and valuable considerations to the said part y of the fast part in hand paid by the said parties of the second pert, the receipt whereof is hereby confessed and has granted, bargained, cold end conveyed, and by these presents do as grant, bargain, sell, convey and oonfirm, can the and second part, not dutenancy in common but in joint temncy, the survivor of them, their sedges, and the heirs and assigns of such v all the following described lot or parcel of land, situate, lying and being in the County of Pitkin and State of Colorado, to -wit: Lots 5, 7, 8, 9, 12, 13, 14 and 15, the NVET, the NEgSWg'the EzNand the NEI of Section 31 in Township 8 South,.Rangs 86 West of the 6th P.M., containing 634.59 acres, together with all ditch and water rights be- longing thereto. ($11.55 Documentary Stamps attached and cancelled). TOGETHER with all and singular, the hereditaments and appurtenances thereanto belonging, or to anywise apportioning, and 1 and reversions, remainder end remainders, rents, issues and profits thereof; and all the estate, right, title, interest, claim and demand w the said party of the first part, either in law or equity, of, in and to the above bargained premises, with the hereditaments and up TOHAVE AND TO HOLD theaaidprenuses above bargained and described, with the appurtenances, mmo the said parties of the the survivor of them, their sea us, and the heirs and assigns of such survivor forever. And the said party of the fust part, for his heirs, executors, and administrators, do e a covemnL, grant, bargain and agree to and with the said parties of the see survivor of them, their assigns and the heirs and assigns of such survivor, that at the time of the unsealing and delivery of chase prose he is well seized of the premises above conveyed, as of good, sure, perfect, absolute and indefeasible estate of inberitanee, in law,: and bas good right, full power and lawful authority to grant, bargain, sell and convey the same in mamer and form aforesaid, and t are free and clear from all formar and other grants, bergaias, cafes, bene, taxes, assessments and incumbrances of whatever Lind or n and the shove bargained premises in the quiet and peaceable poesas9on of the said parties of the second part, thesurvivor of them, the the heirs and assigns of such survivor, against all and every parson or persona lawfully claiming or to claim the whole or any part the party of the fust part shall and will WARRANT AND FOREVER DEFEND. IN WITNESS WHEREOF, The said part y of the fust part he s hereunto set his hand and sent the day above written Signed, Sealed and Delivered in the Presence of NOT491AL 7EA 0U 04'l STATE OF COLORADO, ss. County of GARFIELD The fasgoinginsh mat was acknowledged before we this 19th 1955 ,by- FLOYD BEARD WITNESS my hand and official seal: My commdssion expire August 10, -1957. Eoma C. Blanc day of February, Filed for record th 4th ....._--day of_ March _., A. D.19._55 , af_3:45 —o'clo tr P. M, Wm. C. Stapleton __ . w'Trisrsot'my S.ani ma'.--. - _ �... -`"-ate..'-,iY'�•�".:1,'� �.'y:'.v�' - rRtbe eeNpt'wLumf L herby an- ti a.c^±:< mnKb!rgdb onH, nv- rtere.er; sU;be.fallewke dewr$d . and bY+k of Colovdo, eo-wlt: - - — ai''`m 7777;7,— . y"; PARCEL'N0. 1:- Lota(,$, 7a �8,..9i3'�?2%';13a'yt'atd. 15'.tbe, AA, .the Ndi44 the 'F4 W}. .- and-the„1��'.Q£i'Sedtioq 3l. in.Twrihipi8ysduth,-Ringe'86;West of„the 6tdi�P.M.`,Jcontiaia'tig'_634.59;acrda, scone , w'1,se::; - "PARCEL NO.. 2---Lots.Sixi(6) srid'Seventeen'(17); -£•,Section Flve�(5)) and lots One (1)a _ Two (2) and T'hrae,(3) -£:Section Six i(6), Township Nine (9) South, - :Range 86 West of-tha Sixth Principal Meridian, containing 155.30 acres, .more or less. PARCEL NO. 3 - The South Half of the Southeast Quarter (S*S% of Section Six (6), and the North Half of the Northeast Qmrter NEI) of Section Seven (7), Township Nine (9) South, Rarige 86 West of the Sixth Principal Meridian, containing 160 acres, more or lass. Together with any and:all ditchandwater rights, reservoirs and reservoir rights,. and their'water.rights belonging to, or upon, or used in Connection with the lands herein described, and each and every part`.thereof,- and' particularly but without lindtation upon --t�ht,f,regointQry�9thge} 14hv DitWand priorities numbered IOA and 4211th Moods, WfthgaHYu�iCat the Ce�Llim®ts and alluntansee theremw belmgias, or be anywise appmtat dao, and Lbs rdeo and revwims, remWndm sad rameladers, rants, harm sad profile thereof; and an the estate, right, Utlb bkwt, Asim and demand whatsoever of the and parties of the first part, ,tLa hn Iav vs, equity, a. m and to tbe above bargained prmkee, with the hereNomeh and ePp^'� To Have and to Hold The and prestos above bargained and daunted, with the apperhmnces, ane, the said part y of the onsed part his hahmand assignsforever Aadtheaoid part i -s dthe Aral pat,, for their been, esa.[uW. and adzeirdionstona, do onvatant, great, barba n sed age o, and with the mid Part y of the wand not, his beim and assigns, ghat at the Nose a the emuline and delivery of them preach- they are w astad of the reasons above [...eyed, u of good, .... mde<t, absolute and indefeeniW. utak of iched ern, at Its, is fee simple, and d ere good right, fe t power and lawful anthority to gwR bargaw, sell and oanrer the mate, he meaner and form aforesaid, and that the ease are free and e4sr from eU factor ad other arcate, bargedon, min, Hem, ham, weasmenh and fta bca en a whatmr Wad nalserenoever; i bargaind sessions, is toe g.het and peonabk Pmand.n of tha sand put y , of the weeod part his ser+ and eastern, neonate all and every senor or peeeam lawfoliy,eh{mine, In, b r-im the wbole or my Part thereof, the said part ies d as Hoot par, sbell and wpl warrant and Framer Ward. Is Who. Wbeaanf. The asid peat ies of the Hct part ba ve bareoete not their bead. and anal a the day mdyw Brat above wdttan ” e signed, Ranted and DeUvemd In Prese.ce of ....— _ STAT$ OF COf.OSADD, ton comer at GARFIELD ly 1, EMMA C. BLhNC, a Notary Public in wed fee asid Cemty, b the Sbte aforesaid, do hereby eertiey bat LEO LIGHT std MAMSL+ W. LIGHT won are peawaaily lm.w b me b be the Perwn3 whore manse Am '.barbed to be annesed Dead, appeared bdon me�.tbyk iv Pemo4 sad admawldsd that they ryned. noted and delivered the " batr®mt of wdHpg an v.lantmy ons for the now end peRow berdv set aorto. • 0 Girander my lead andnoteria1, �tok I% 4 A 4 on w of March ,A. n.ss 58. •i yio c:�' � Hs commirdoa enybea Q,<.C,. 2- 9 . to l /. w.ytlnWaW sleWna�O GeM+So,ienwr e. . " j ,.'ASrY6n-ort LOT 11 SOPRIS CREEK, LLC - 2465-361-00-007 CHAIN OF TITLE: Lot 11 Sopris Creek, LLC, Grantee Francis Xavier Gina, Jr, Grantor Warranty Deed Rec. 439592 - Dated 1/7/2000 Francis Xavier Gina, Jr, Grantee Robert Rafelson, Grantor Warranty Deed Book 690, Page 180, Rec. 349177 - Dated 9/24/1992 Robert Rafelson, Grantee Jules Blauner, Grantor Warranty Deed Book 689, Page 841, Rec. 349063 - dated 9/25/1992 Jules Blauner, Grantee Ned Jaros, Grantor Warranty Deed, Book 610, Page 62, Rec. 318296 - Dated 7/7/1980 Ned Jaros, Grantee Section 36, Inc., Grantor Warranty Deed Book 292, Page 780, Rec 171002 - dated 10/25/1974 000051 — A OI i O O ' O O � N O U1 O O O V W r 3 000,052 0 p m N D m O _O dN d m m a J y J N 3 S N ZNO m?�ON RmCmm � J_ d S x3� W Homo n W m N y 3 v 0 Parcel Detail Page 1 of 2 Pitkin County Assessor Parcel Detail Information Assessor Property Seare I Assessor Subset Ouery I Assessor Sales Search Clerk & Recorder Reception Search I Treasurer Tax Search Search GIS Map I GIS Help Basic Building Characteristics I Value Summary Parcel Detail I Value Detail I Sales Detail I Residential/Commercial Improvement Detail Owner Detail I Land Detail I Photographs Tax Area Account NumberIL ParcelPrt�] Number1[ 2013ill Le 016 R007093 246536100007 VACANT 73.254 Primary Owner Name and Address LOT 1 I SOPRIS CREEK LLC 2651 BEAR RIDGE RD BASALT, CO 81621 11 Additional Owner Detail Legal Description Subdivision: MB SOPRIS CREEK Lot: 11 Section: 36 Township: 8 Range: 86 PARCEL II A PARCEL OF LANDIN NE4 OF SEC 36-8- 87 CONT 35.076 AC M/L DESC BY MB Location P IBASALT Subdivision: MB SOPRIS CREEK Land Acres: 35.070 Land Sq Ft: 0 Section Township Range 36 8 86 00053 http://www.pitl-jnassessor.org/assessor/Parcel.asp?AccountNumber=R007093 8/7/2014 Parcel Detail 2014 Property Value Summary Actual Value Assessed Value Land:j 10,600 3,070 Improvements: 11 0 Total: ii 10,600 3,070 Sale Date: Ill1/3/1992 Sale Price: 77,000 Additional Sales Detail Basic Building Characteristics Number of Residential 0 Buildings: Number of Comm/Ind 0 Buildings: No Building Records Found Ton of Page Assessor Database Search Ontions Pitkin County Home Paee Page 2 of 2 The Pitkin County Assessor's Offices make every effort to collect and maintain accurate data. However, Good Turns Software and the Pitkin County Assessor's Offices are unable to warrant any of the information herein contained. Copyright C 2003 - 2014 Good Turns Software. All Rights Reserved. Database & Web Design by Good Turns Software. 000054 http://www.pitkinassessor.org/assessor/Pareel.asp?AccountNumber=R007093 8/7/2014 rSales Pitkin County Assessor Sales Detail Information Assessor Property Search I Assessor Subset Query I Assessor Sales Search Clerk & Recorder Reception Search I Treasurer Tax Search Search GIS Map I GIS Help Page 1 of 2 Parcel Detail I Value Detail I Sales Detail I Residential/Commercial Improvement Detail Owner Detail ( Land Detail I Photographs Account Number R007093 Reception Number Book 693 Page 461 Sale Date 11/3/1992 Sale Price 77,000 Deed Type ®0 Doc Fee Grantor Name JFGrantee Name Reception Number Book 690 Page 180 Sale Date 10/1/1992 Sale Price Deed Type Doc Fee 77,000 ®0 Grantee Name Grantor Name Reception Book Number 292 Page 780 Sale Date 10/25/1974 Sale Price Deed Type Doc Fee 15,000 �� lGrantee Name JR2OS � Grantor Name SQ 4o -r,, 3(o Top of Page Assessor Database Search Options Pitkin County Home Page The Pitkin County Assessor's Office makes every effort to collect and maintain accurate data. However, Good Turns Software and the Pitkin County Assessor's Office are unable to warrant any of the information herein contained. http://www.pitkinassessor.org/assessor/sales.asp?AccountNumber=R007093 8/7/2014 Sales Copyright © 2003 - 2014 Good Turns Software. All Rights Reserved. Database & Web Design by Good Tums Software, 000056 Page 2 of 2 http://www.pitkinassessor.org/assessor/sales.asp?AccountNumber—R007093 8/7/2014 11111111111111111111111 IN 111111111111 iii mil 1111 IN 438582 01/18/2000 10:36R NO DAVIS SILVI I of 4 R 20.00 D 0.00 N 0.00 PITKIN COUNTY CO qg WARRANTY DEED THIS DEED, made this day of January, 2000, between FRANCIS XAVIER GINA, JR., Grantor and LOT 11 SOPRIS CREEK, LLC, a Colorado limited liability company, whose legal address is 3200 E. Sopris Creek Road. Basalt, Colorado, 81621, Grantee: WITNESS, that the Grantor, for and in consideration of the sum of Ten and no/100ths dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey and confirm unto the Grantee, its successors and assigns forever, all the real property, together with improvements, if any, situate, lying and being in the County of Pitkin and State of Colorado, described as follows: As described on Exhibit "A", attached hereto and incorporated herein by this reference TOGETHER with all and singular the hereditaments and appurtenances thereunto belonging, or in anywise appertaining 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 Grantor, either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances. TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the Grantee, its successors and assigns forever. And the Grantor, for himself, his heirs, personal representatives, successors and assigns, does covenant, grant, bargain and agree to and with the Grantee, its successors and assigns, that at the time of the ensealmg and delivery of these presents, he is well seized of the premises above conveyed, has 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, encumbrances and restrictions of whatever kind or nature soever, except those matters set forth on Exhibit "B" attached hereto and incorporated herein by this reference. The Grantor shall and will WARRANT AND FOREVER DEFEND the above-bargamcd premises in the quiet and peaceable possession of the Grantee, its successors and assigns, against all and every person or persons lawfully claiming the whole or any part thereof. 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 Grantor has executed this deed on the date set forth above. GRANTOR: lrvl�� Y- . Francis Xavier Gina, J STATE OF COLORADO ) ss. COUNTY OF PITKIN ) `A The foregoing instrument was acknowledged before me this ! Y d^ay of January, 2000, by Francis Xavier Gina, Jr. commissionexpires: Vv J L Wi Witness my hand and officia seat. Notary Public c;r 5J0J57_ a i iuiii iiui olio aiu ilii iim aiiai iii uiu im iui 439592 01/19/2000 10:36N NO DAVIS SILVI 2 of 4 9 20.00 D 0.00 N 0.00 PITKIN COUNTY CO EXHIBIT "A" LEGAL DESCRIPTION SECTION 36 PARCEL NO 11 A Parcel of Land situated in the NEI/4 of Section 36, Township 8 South, Range 87 West of the 6th Principal Meridian, being more fully described as follows: BEGINNING at a point on the East line of said Section 36 whence the Northeast corner of said Section 36 Bears N 00°03'09` W 581.78 feet; thence following said East line of said Section 36 S 00'03'09" E 1780.17 feet; thence N 82'14' W 1240.00 feet; thence S 29'25'28" W 210.75 feet; thence 248.59 feet along the arc of a curve to the left having a radius of 200.00 feet, the chord of which curve bears N 13'41'30" W 32.90 feet; thence 524.65 feet along the arc of a curve to the right having a radius of 200.00 feet; thence S 79'00' E 305.00 feet; thence 315.91 feet along the arc of a curve to the left having a radius of 100,00 feet; thence N 80'00' W 468.00 feet; thence N 53'15' E 1675.05 feet to the point of beginning. TOGETHER with any and all easements and rights-of-way appurtenant to the above-described real property, including, but not, limited to the following easements: Easement No,_ 1, A non-exclusive easement or right-of-way for road purposes and for location of utility lines over, through and across a tract sixty (60) feet in width, being in Section 25, Township 6 South, Range 67 West of the 601 principal Meridian, the centerline of which is more fully described in Book 234 at Page 703 and in Hook 245 at pace 19S, Pitkin Coul:ty, Colorado, records; Easement. No__ 2— A non- xc lusive easement or right-of-way for road purposes and for the location of utility line over, through and across a tract siert>' (60) feet in width, being in Section 25, lownship 8 South, Range 87 Nest of fire 6th principal Meridian, granted by that certain Special Land Use r`ermit C-76?4 issued by th-1 Department of Interior. Bureau of Land is nagsrne nt . Easement PIo. 3. ra no easement or right-of-way for road purposes and for the location of utility lines situated in the North one-half of Section 36, Township 8 South, Range 87 West of the 6th principal Meridian, Pitkin County, Colorado. Said easement is 60 feet in width, lying 30 feet on - ch side of the following described centerline: Beginning at a point whence the North one-quarter Corner of Section 36 bears North 8?049'28" East 315.70 feet: Thi,ice South 73039'10" West 24.57 feet; Thence a?.52 feet along the arc of a curve to the left having a radius of 81.00 feet; Thence 147.223 feet along the arc of a curve to the right having a radius of 97.00 feet; Gv� 00005o 1111111111111111111111111 IN II111111IIII 1111111111111111 439592 01/18/2000 10:36A NO DAVIS SILVI 3 of 4 R 20.08 D 0.00 N 0.00 PITKIN COUNTY CO Thence 125.11 feet along a arc of a curve to the left having a radius of 230.00 feet; thence South 66"08'00" West 82.00 feet; Thence 125.54 feet along the arc of a curve to the left having a radius of 95.00 feet; Thence South 09'35'00" East 195.00 feet; Thence 206.53 feet along the arc of a curve to the right having a radius of 250.00 feet; Thence 129.81 feet along the arc of curve to the left having a radius of 250.00 feet; Thence South 08"00100' West 128.00 feeN; Thence 316.67 feet along the arc of curve to the right having a radius Of 252.00 feet; Thence South 80000'00" West 279.00 feet; Thence 131.74 feet along the arc of a curve to the left having a radius of 148.00 feet; Thence South 29°00'00' West 310.00 feet Thence 124.39 feet along the arc of a curve to the left having a radius of 305.00 feet; Thence South 05"38'00" West 982.00 feet; Thence 77.32 feet`elong the arc of a curve to'the left having a radius of 75.00 feet; Thence North 36'34'00" East 740.00 feet; Thence 556.49 feet along the arc of a curve to the right having a radius of 2030.87 feet; Thence North 52016'00" East 290.00 feet; Thence 245.20 feet along the are of a curve to the right having a radius of 135.00 feet; Thence 362.21 feet along the arc of a curve to the left having a radius of 400.00 feet; Thence 185.82 feet along the arc of a curve to the right having a rad'_us of 400.00 feet; Thence 298.34 feet along the arc of a curve to the left having a radius of 400.00 feet; Thence 331.61 feet along the arc of a curve to the left having e radius of 1000.00 feet; Thence 107.70 feet along the arc of a curve to the right having a radius of 70.00 feet; Thence 220.12 feet along the arc of a curve to the left having a radius of 80.00 feet; Thence 241.26 feet along the arc of a curve to the right having a radius of 395.00 feet; Thence 273.44 feet along the arc of a curve to the right having a radius of 200.00 feet; Thence 91.92 feet along the arc of a curve to the left having a radius of 400.00 feet; Thence South 80°00'00" East 468.00 feet; Thence 315.91 feet along the arc of a curve to the right having a radius of 100.00 feet; -:ince North 79'00'00" West 305.00 feet; Thence 524.65 feet along the arc of a curve to the left having a radius of 200.00 feet; Thence 248.59 feet along the arc of a curve to the right having a radius of 200.00 feet; Thence 92.70 feet along the arc of a curve to the right having a radius Of 105.00 feet to the center of a cul-de-sac having a radius of 40.00 feet; COUNTY OF RITKIN. STATE OF COLORADO �uUU01 2 111111 Iel/18/20MI11IIi111111Illilll ill (IIII III IN 4 of 4 0 20.00 0 0.00 N 0.00 PITKIN COUNTY CO EXHIBIT "B" TO WARRANTY DEED I . The hen for ad valorem taxes for the current year. 2. Reservations and exceptions as contained in United States Patent recorded in Book 171 at Page 79. 3. The Protective Covenants recorded in Book 245 at Page 146, as amended by Amendment to Protective Covenants recorded in Book 610 at Page 68. 4. Easements and right-of-way as contained in Deed recorded in Book 292 at Page 774. 5. Terms, conditions, restrictions, reservations, provisions and obligations set forth in Special Land Use Permit #C-7694 referred to in Deed recorded in Book 292 at Page 795 6. Terms, conditions, restrictions, reservations, provisions and obligations of Right of First Refusal Agreement recorded March 9, 1990 in Book 615 at Page 700. All of the foregoing references to Book and Page numbers are to the records of the Pitkin County, Colorado, Clerk and Recorder. �Ui�060 9 0 ul R,o.�a #349177 10/01/92 13, 15 ROC {3.00 BK 690 PO 180 __.8£lwia Davis. 01u,1n r +d er--t, ,. WARRANTYDEED TMDEEDMA Oe e%Y4-dwd September .1192 h,I ROBERT RAFELSON whose address is 12899 Hulholland Drive, Beverly Hills, California, 90210 xdpahx 18snawfx xwlmrtdl./ FRANCIS R8'QPJM XAVIER GINA, JR. ♦ kwwN b P.O. Box 10816, Aspen, Colorado 81612 RE-RECORDED TO CORRECT SPELLING OF GRANTERS FIRST NAME mi/R mlm7xx x9�m:dSladl.wlmadR MRNERS[fdLihsueyln«O1 t«,vabm,meaMim NNebo of Seventy -Seven Thousand and mo/100 ($77,000.00) DOLLARS. dsn«igW aihil.rylfrhkhYMeby wel.Ydpd,wa dnlcld.h.,dlieed,,luammgnl, los Mfhnelndemf dl ea sw.emni4wt manr.md med,nmeuepulmlq. his 6dnlvdmynli«ner, 111,he,d pWafY. mrlAcwid, im«14nem1.uux•s9.«.Ma•1d Deinain the cwmym Pitkin ,SnbdC*md% dun3dbblllrc SEE EXHIBIT "A" ATTACHED HERETO AND INCORPORATED HEREIN BY THIS REFERENCE TOGETHER WITH ALL EASEHERTS AND RIGHTS- OF-WAY APPURTENANT TO SAID REAL PROPERTY. TOGxIHRR MuW mI,YA,Y,ftbutdiw«a,rdw.navaa Uaen bebed.i«YUY +1e�,i.i.P.atl Ne mrtn'v,ud na1YeA rtmli.d«wd rtmdlda., nmA kaq d poYd da,mL rd a dx aw«, ddtt tlu, haeeR dilm .ed domed Mwoe,er of ul�aefl,Plam«ie Yr«qui}.dbadbus dh9rehwphYpmi«4riW uvMMHabemlldawvlarvnz IOHAy{AI9Dl0 HOflltlm mNpnmiwbwe6nrisdWu+mbedrilYue+ppununw.unouepbb�9x hie Iain bdmtlsafx.. Anleeanmwelf« him xi f, his btln.ldpnbm nfAbeRwd,«. d1 as mavmt sm'". bmpid.ad gtebltlRXkuc01 his h,in.vdedPA WIR1lGeuxafWauNietotldalwr Ntkfe p,nlim. he is .ee aimd9flac R�miwmwnm,epih. a dmd,bn.sakn.1b11uu110 ieddnAH,alme afbhtdun,s, a YYr. ie kemmple,WN s dlldddhl, hd po•„axl anhalgbpW. b,pi4 «8 ud«awlMwaie mamnW h,mn m«m6i ed UW ab bR uc fnx ald daaam as Mm« W RmvdMA b,ylat Stlld.IidM aw aeemeama m4nhn«a wd mdtkfi efrhmdwthd«..,,a«q as set forth In Exhibit "B" attached hereto and incorporated herein by this reference. .i, sTATEOF COLORADO � c C ya Pitkin Mfefepie{iN,um��lp mken.kd{W h,hness LAY �c�f � decd September .1992 by �aje'Ah4vlscn. ":T.?"'SlIBt�'�rC � 1� /5fi" Ylrt«w nrhW .ldlati.Ixtl. Ya��.•. cowco%DOS �e fdrellmi.1w."asmatx U�rJk19u. M."S, wwwrrva®mrw+,e•W u.ml F�V�..1ILL rrraarawmd. n.twm.a.u.A.mwm-cwn�uxwo_f.w 70 c n ar e349177 10/01/92 13rt3 Rat $5.00 BK 690 PB 181 Silvia Davis, Pitkin Cnty Clark, Doc $7.70 Q. - EIBIBIT "A" O 40; LEGAL DESCRIPTION Id § $BOTTOM 16. PARCEL NO, 11 O O � .Y al • a H U u ¢ c A Parcel -of Lend situated in the NEI/4 of Section 36, Township 8 05 South, Range 87 West of the 6th Principal Meridian, being more =ally c described as follows: h c y BEGINNING at a point on the East line of said Section 36 whence the n Northeast corner of said Section 36 Bears N 00.03'09• w 581.78 feet; N a thence following said East line of said Section 36 S 00.03.09" E o a 1780.17 feet; thence N 82'14• W 1240.00 feet; ..q thence 5.29'25'28• W 210.75 test; q thence 248.59 feat along the arc of a curve to the ldit havine a a • radius of 200.00 feet, the .chord of Which curve bears N 13'41'30" W o i 32.90 feet; thence 524.65 feet along the arc of a curve to the right having a s a radius of 200.00 feet; thence S 79'00' E 305.00 feet; thence 315.91 feet along the arc of a curve to the lest having a radius of 100.00 feet; thence N 80.00' W 468.00 feet; thence N 53'15' E 1675.05 feet to .the Point Of beginning. TOGETHER with any and all easements and rights-of-way appurtenant to the above-described real property, including, but not limited to the following easements: Eppemo0t No..1. A non-exclusive easement Or right-of-way for road purposes and for location of utility lines over, through and across a tract sixty (60) feet In width, being in Section 25, Township 8 South, Range 87 west of the 6th Principal Meridian, the centerline of which is more fully described in Book 234 at Page 703 and In Book 245 at Page 195, Pitkin County, Colorado, records: Easpi:lont. No _ 2,: A non-exclusive easement or right-of-way for road purposes and for the location of utility line over, through and across a tract sixty (60) feet in width, being in Section 25. Township 8 SouLh, Range $7 West of the 6th Principal Meridian, granted by that certain Special Land Use nrrmit C-7694 issued by the Department of Interior, Bureau of Land I;anagement. Eur. hent Mo_ 3,, :a non-exclusive easement or right-of-way for road Purposes and for the location of utility lines situated in the North one-half of Section 36, Township B South, Range 87 West of the 6th Principal Meridian, Pitkin County, Colorado. Said easement is 60 feet in width, lying 30 feat on each side of the following described cer:torline: Beginning at a Point whence the North One-quarter corner of Section 36 F bears North 89'49'28• East 315.70 feet:Thunce South 73^39'30' west 24.57 feet: Thence 89.52 feet along the arc of a curve to the left having a radius of 81.00 feet; Thence 147.23 feet along the arc of a curve to tilt- right having a radius of 97.00 feet: 662 -viteats:k5',Y'+ih��.'F,f`•'1�..`.'S�?a`Y:;G?5`in'.".+:`s..{;:.j 1;33;'363 .4, #349177 10/02/92 13113 Rec $5.00 8K 690 pr Silvia Davis., Pitkin 102 Cnty Clerk, Doc $7.70 - IL io '; Thence 125.11 feet along a arc of a curve to the left having a radius u of 230.00 feet; ;�ltM Thence South 66-08'00" West 82.00 feet; v�P 0 0 Thence 125.54 feet along the arc of a curve to the left having a radius 8 Of 95.00 feet; N Thence South 09936100' East 195.00 feet: Thence 206.53 feet along the are of a curve to the right having a radius of 250.00 feet; Thence 129.01 feet along the are of curve to the left having a radius of 260.00 feet; Theme South 08000'00" West 128.00 fsat�; N Thence 326.67 fact along the arc of curve to the right having a radius w of 252.00 feet; Thence South 80-00100" West 279.00 feet; Thence 131.74 fast along the aye of a curve to the left having a radius 0 of 148.00 feet; Thence South 29000'00" West 310.00 feet Thence 124.39 feet along the arc of a curve to the left having a radius of 305.00 feet; Thence South 05038'00" West 982.00 feet; Thence 77.32 feet Vlong the are of a curve to the left having a radius of 75.00 feet; V Thence North 36-34*00" East 740.00 feet; Thence 556.49 feet along the arc of a curve to the right having a radius of 2030.87 feet; Thence North 52*16'00* East 290.00 feet; Thence 245.20 feet along the arc of a curve to the right having a radius of 135.00 feet: Thence 362.21 feet along the arc of a curve Co the left having a radius of 400.00 feet; Thence Ie5.82 feet along the arc of a curve to the right having a radius of 400.00 feet; Thence 298.34 feet along the are of a curve to the left having a radius Of 400.00 feet; Thence 332.61 feet along the arc of a curve to the left having a radius of 1000.00 feet; Thence 107.70 feet along the arc of a curve to the right having a radius of 70.00 feet; fie. Thence 220.22 feet along the are of a curve to the left having a radius of 80.00 feet; •T� I WO Thence 241.26 feet along the arc of a curve to the right having a radius of 395.00 feet; 146! Therce 273.44 feet along the arc of a curve to the right having a radius of 200.00 feet; Thence 91.92 feet along the arc of a curve to the left having a radius Of 400.00 feet; Thence South 80*00'00" East 468.00 feet; Thence 325.91 feet along the arc of a curve to the right having a radius of 100.00 feet; ;,ence North 79'00'00" West 305.00 feet; Thence 524.65 feet along the are of a curve to the left having a radius Of 200.00 feet; Thence 248.59 feet along the are of a curve to the right having radius of 200.00 feet; Thence 92.70 feet along the are of a curve to the right having a radius of 105.00 feet to the center of a cul-de-sac having a radius of 40.00 feet; COUNTY OF PITKIN, STATE OF COLORADO 2 1;33;'363 .4, u0064 ONO TIM ""`".".4Ta':i��`ey1K:?.f�`•'u''`'s'F,."; �a 0349177 10/01/92 13,15 Rec $5.00 BK 490 PS 183 Bilvla.Davis, Pitkin Cnty Clerk, Doc 17.70 r . EEBIBIT '•Be .i -„ amcrfoil 34. PARCEL md. 11as. PnRcah xo. a =c4r.2 j' rl. The lien for general taxes for 1992; reservations and exceptions as contained in the United States Patent recorded in Hook 171 at Page 79; o •: .2. The Protective Covenants recorded in Book 245 at Page - �+ 146, as amended by amendment to Protective Covenants recorded in Hook 610 at Page 68; ' Y y 3.: Easements and rights-of-way as contained in Deed'. 4 recorded in Book 292 at Page 774; - " e 4. Terms, conditions, restrictions, reservations, •Y provisions and obligations as set forth in Special Land Use permit 1C-7694 referred to in Dead recorded in Book S>d 292 at Page 795; and -'+'.*„'• $ w S. Tarns, conditions, restrictions, reservations, w > -' :provisions and obligations of Right of First Refusal •�� _ -• o agreement recorded march 9, 1990 in Book 615 at Page d` M e 700. jy. � e a fy` 4; u0064 ONO TIM ""`".".4Ta':i��`ey1K:?.f�`•'u''`'s'F,."; I<auN.tl a,^_ 11349063 09/29/92 10,59 He, $15.00 BK 689 PS 841 Rcception No. _ Silvia Davis, Pitkin Cnty Clerk, Doc $.00 QUIT CLAIM DEED It THIS DEED, Made this %d day of September ,1992 I bet.r. JULES BLAUNER whose address 4342 Redwood Avenue, 030ECs Marina Del Rey$ California 90292 �,• .gd! Itbnouw XrAikkl* 401sumx gsanto,4), aid ROBERT RAFELSON whoukga)addeeesis 12699 Mulholland Drive, Beverly Hills, California 90210 *Astra ,Onsup* xxiclinde»kRSIm,Wx gsel-k), WITHESSBTH,Tbm WegtantortA.formdincanidmtbnoflhcsumof Ten Dollars ($10.00) and other good and,valusble consideration sd1QkWAIc she seceipe srq sufficiency of which is hoeby acknowledged, he s xmised,released, sold and QUIT CLAIMED, and by mdse P.J. do as remue, mlose, sen and QUIT CLAP( untothe gantoc(l), his heln,su¢eaw¢old assigns, forever, al: dm sight, till., inset, W. and demand which the gnsnuu(� has in and to the real psopeny, together with implwemm,a.ifany, sitluu, lyinganl being in the County of Pitkin a s=.f Colorado, d.fibed as follows: SEE EXHIBIT "A" ATTACHED HERETO L_!M INCORPORATED HEREIN BY THIS REFERENCE TOGETHER WITH ALL BASEMENTS AND RIGHTS—OF—NAY APPURTENANT TO SAID REAL PROPERTY. ahmd•as,ri>ax TO HAVE AND 7O MOLD the same, mgclhv with all aad singular the appurtenances and pdvOcgcs thereumo belongilg ot In snywilothe¢unto appeneining, land all the cause. sight, title. inamu u0clamwhalseesen ofthurrunnotlo), eithe in hweregtthy,lo the only prope au, benefit mW behoof of du gratase(n, his heirs and assigns forts,. IN WITNESS WHEREOF, The gmneol(A has occutdlshisdeadonthedauliesfonhabove. es Blauner CALIFORNIA, STATE OF County of 444$ m=l J Thefar.¢oing inamo rvtwazackucwlcdgW befommethh is dry of September by Jules Blauner. My wmmhsion upirts 4UWAWI 16- , 1996. Wimeu my hard and official seal. - � No.93J. Ree 19L 9UHCL.arM DEEo -.:..15 &rLfnr4 PUMuaInL IHl N•arn SL Denier COPoia!— Ita11:v2.3on—oval 06L665 . 19 92, '?ake?Y`.i I' CNnYSTALAWTIUCUAx �y cOMMap5Z723 acouNn IAholey EaiPS w., } layglllm. .apse AN 15.11% { i ',I xNTaSFasdsM$HKx711fMNix F I . - � No.93J. Ree 19L 9UHCL.arM DEEo -.:..15 &rLfnr4 PUMuaInL IHl N•arn SL Denier COPoia!— Ita11:v2.3on—oval 06L665 . 19 92, . �._ '. .._.- ._�,..._:._...._.'—.....s1.ahY,yi•..:,prTq..Y-TY-y°.�r(.ty-5 a^:'r1'... _ �. - �..-- ,� - . #349O63 09/25/92 10,59 Rec $15.00 BK 689 PG 642 Silvia Davis: Pitkin Cnty Clark, Doc $.00 EXHIBIT "A" LEGAL DESCRIPTION SECTION 36 PARCEL NO. 11 A Parcel of Land situated in the NEI/4 0'_ Section 36, Tcwnship 8 south, Range 87 West of the 6th Principal Ne -'lien, being more fully described as follows: EBGZ77NiNG at a point on. the East Line of said Section 36 whence the Northeast corner of said Section 36 Bears X 00'03'09" W 5el.7S '.set; thence following said East line of said Section 36 S 00'03'f9" E 1780.17 feet; thence N 82'14' W 1240.00 feet; thence 5 29'25'28" W 2'_0.75 '-eat; .hence 245.59 feet along the are of a curve to the left having a radius of 200.00 feet, the chord of which curve bears N 13'43'30" W 32.90 feet; thence 52.65 feet along the arc of a curve to the right heaving a radius of 200.00 feet; thence S 79'00' E 305.00 fast; thence 315.91 feet elorg the arc of a curve to the left having a radius of 100.00 feet; thence N 80'00' W 465.00 feet; thence N 53'15' B 1675.05 feet to the point of beginP.ing. T'OG'ETHER with any and all easements and rights-of-way BPPurtenant to the above-described real property, including, but not limited to the following casements: Fflse mo ni ho_._, _ A non-exclusive easement or right-of-way for road purposes and for location of utility lines over, through and across a tract sixty (60) feet in width, being in Section 25 TOwnshIP S South, Range E7 Wesl of the 6th rrincipal Meridian. the centerline of which is m -re fully described in Book 234 Pt Pape 703 and in Boot 21.5 at Pace 195, :_tkin Co:;^ty, Colorado, records: EasegePt NO.. 2. A non-erclusive e•w. . t. enor richt-of-way for road •purposes and for the location of utility over. throueh and across •` (60) feet in wide ei; in Section 25, dawn S'MP S 1""h, R,"*'67r_ a•. Cat the h PT incipel IleiMa.n. o.en:.ed by that Certain ecia_ •-• Vve ..mit C-7694 MUM by ph ._,-1r:meut of ...�_.ior, Bmtnu of�tr.nu :onaremen.. Fa^ -Ment, q.o, '._ non-exclusive easement o: right-of-way for road Purposes and for the location of utility lines Utuated in the North one-half of _ectien __. Tow"shin 8 South, Range 67 West of the 64h Principal Meridian, M n� County, Colorado. Said easement is 60 feet in width, lying 30 feet on ,-.ch side of the following described eentorlins: an,, , 1eg:nning at a point whence the North ane -quarter corner of Section 36 {'4 bears North 8704?'28' East 315.70 eft: Th,,nre south 73°39'10" most 2x.57 feet; ' Thence E9.52 feet along the arc of a curve to the left having a radius of 11.00 feet; Thence 247.23 feet along the arc of a cu-, to the right having a j rndius of 97.00 feet: °,'g- 4p 000067 4349063 09/29/92 10159 Rea $15.00 BK 659 PG 843 Silvia Davis, Pitkin City Clerk, Doc s.00 Thence ;[5.11 feet along a arc of a curve to the left having a radius of 2do.o0 feet: T'hance South 66`08'00" West $2.00 feet: Thence 125.54 feet along the are of a curve to the left having a radius of 95.00 feet; Thence South 09035'00" East 195.00 feet; Thence 206.53 feet along the arc of a curve to the right having a radius of 250.00 feet: Thence 129.81 feet along the are of curve to the left having a radius of 250.00 feet: 'thence South 08'00'00' West ',.28.00 fees: Thence 316.67 feet along the arc of curve to the right having a Tadius of 252.00 feet: Thence South 80900'00' West 279.00 feet; Thence 131.74 feet along the arc of a curve to the left having a radius of 148.00 feet: Thence South 29°00'00" West 310.00 feet Thence 124.39 feet along the arc of a curve to the le'L having a radius of 305.00 feet; Thence South 05'38'00" West 962.00 feet; Thence 77.32 feet along the arc of a curve to •the left having a radius of 75.00 feet: Thence North 36034'00" East 740.00 feet; Thence 556.49 feet along the a -c of a curve to the right having raoius of 2030.87 feet; Thence North 52016'00" East 290.00 feet: Thence 245.20 feet along the arc of a curve to the right having a radius of 135.00 feet; Thence 362.21 feet along the arc of a curve to the left having a radius of 400.00 feat: Thence 185.82 feet along the arc of a curve to the right having a radius of 400.00 feet; 'hence 298.34 feet along the arc of a curve to the left having a radius OF 400.00 feet: Thence 331.61 feet along the arc of a curve to the left having a radius c•f 1000.00 feet; Thence 107.70 feet along the are of a curve to the right having a radius of 70.00 feet; Thence 220.12 feet along the arc of a curve to the left having a radius Of 80.00 feet; Thence 241.26 feet along the arc of a curve to the right having a radius of 395.00 feet; Ther-ce 273.44 feet along the arc of a curve to the right having a radius of 200.00 ` Thwnce 91.?2 feet along the arc of a curve to the ie',t having_ a radi!:n of •100.00 ` 'hence South 80'00'00'• -test 468.00 feet; ,hence 315.?1 f' _ along thv. _ L a e arc of a cvrto the rchhaving radius of 100.00eet; '..;nce North 7^`00'00" West 305.00 feet! Thence 524.65 feet along the arc of a Curve to the left having a radius of 200.00 feet; Thence 240.59 feet along the arc of a curve to the richt having a radius Of 200.00 feet' Thence 52.70 feet along the arc of a curve to the right having a radius of 105.00 feet to the center of a cul-de-sac having a radius of 40.00 feet; COUNTY OF Pi'IKIN, STATE O'7 COLORADO 2 Per preceded at........_._ ..... ....... o'clock ......... M.. - Rsceplion No ..............._._ ... ............ ............... ....__......._. ._..___................... '!' h TIME DEED, Made this ?.*4' day of J A, IpoV, I ROOK 610 Rggf 6Z between NED JANUS, by his attorney–in–fact CHARLES T. BRANDT and ROBERT RAPELSON of the County of and stab of Colorado, of the firstpark and JULES BLAUNERwhose addres is 4267 Marina City Crive, Marina del Rey, Califrnia 90292 .1 the County of end state of Colorado, of the second pert, WITNESSETH, That the add party of the first part, for and In consideration of the sum of ------- TEN DOLLARS ($10.00) and other valuable consideration RRkTi[4[ . to the said party of the first part In had paid by the said party of the second part, the receipt whereof is hereby confessed and adeameledged, he S remised, released, sold, conveyed and QUIT CLAIMED, and by these presents does remise, release, sell, convey and QUIT CLAIM ante lh. said party of the second part, his heirs, successors and assigns, forerer, all the right, title, interest, dalm and demand which the ssid part Y of the Dat part be s In and to the following described lot or parcel of land situate, lying and being in the county of Pitkin and State of Colorado, to wit: That certain parcel of real property referred to as Parcel 11 and more fully described in the docu— ment recorded in Book 292 at Pages 780 through 782, Pitkin County, Colorado, records, together with'the easements and rights—of—way appurtenant to said real property as the same are described it m in said instrument. W as � IS7/,fF OGCU�SEIlTlIRY DEC 19 ong' n N2 Ra AL1 W r TO HAVIRND TO HOLD the same, together with all and singular the appurtenances and privReges thereunto belonging or In anywise thereunto appertaining, and all the retain, right, title, interest and Asim whdsoevep of the said part y of the first park either in law or ectuily, to the only pmper use, benefit and behoof of the said party of the second part, his heirs and assignsforever. IN WITNESS WHEREOF, Th.said part'- of the first pa S hereunto act his head and sed the day and Seer first oboe. written. ..._...._......_..__...._._ .....[SEAL) Signed, Sealed and Defeated in the Freaeoce of N�•ia�.+J s1 r4,� '�� /!,�L7 JNr"['�- _. ; _.... _. " 1...._......_........_....___ .................. [SEAL] u tt:. I 6 I Cl (Aaoacer in Fact) O STATE OF dWACKMX COLORADO COUNT.YS OF 7�'7K//y ) SS' } On 260 Lfote me, iLe onder�eiE,nW. a 8ob said n F.M. in end Iar d Stnq pc[bnalir •ppcarcd ,QLES 7 "6PA.J0% u Inoxn la on, to be the peawn_ xM1o[e name_ /S br,ibcd to the hhi. imuum[m, a, the Attorney—in fact of _ _/s(Q—BEd �la]iOS ---� Ii cosi adnexledg[J to me tbt_ C snbwnbcd the name �d1W,11,A1a_11Ned nat _ TL6H,y/.i Jaros thereto as principal andn_ _ �cr xa n,mcns Anmmrin vara O �, > Ylt] t 1 WITNISS m d and oftciA s[al.•'C itai�s;:nn Erpi:c: Oct. G. 1931 Y .. <;1 Nam[ (Dadca f - cod] •dntgnl.= - , trw a„ uann ..con, ,..o tt:. I 6 I Cl a (Attorney in Fact) STATE OF CALL�I,I, COUNTY OOF{Cf Onawr, peewnalf,.".m to '1,rown to on, to be iAnomey —In fast d l Wd SS. 6 6 0 4 610 VALE 63 u a Notary Public in and for grid State, dbrd to the wnhin burl.ummt... tho F _ ~ cl ax; , thrum or Pnne P,1_ t aewna seat a (Attorney in Fact) STATE OF CALL�I,I, COUNTY OOF{Cf Onawr, peewnalf,.".m to '1,rown to on, to be iAnomey —In fast d l Wd SS. 6 6 0 4 610 VALE 63 u a Notary Public in and for grid State, dbrd to the wnhin burl.ummt... tho F _ ~ cl ax; , thrum or Pnne P,1_ aewna seat ar an own name_ or AUmnry— in bye. i �i, Ra.L+zra J. Slamalon ' 5 4)/-i:1: - A'ITNIS or, band and &sial real. <iy y In- et o,eCen ar ,/J � / res A•n:,ttsowunr Sitinnus iC�/if.//JBil - 191izinz .O1J tdy Conoron a, r,i• .s.•anz 17. 1983 RADRA,4lJ T SrAn'lAY"()n/ N,mr (TyFed or ramrd) ,.... -"P on N ..... . ............ ...........1131.4 .ii9PR :.. 2S 'Rnconl'ajr�j (.s -rdad at :.....fit.:�2...... .... o'clock. P.....M., Qr Xc11kI:. a.4.. -BIIQKG.U.2 I'f LL .. .,. .... .... . Recorder's b! -mo Made this 25th day of October , 4/,gx�;tietweca SECTION 36, INC., :Y- a eorporatioa duly organized and existing under and by virtue of the lows ofthe Stateof Colorado of the first Part, snit _.// ''CJ NED JAROS of the County of Pitkin and State of Colorado of the second part: WITNESSETH, That the said party of the first pert, for and in consideration of the sum of Ten Dollars and other good and valuable consideration to the said party of the first part in band paid by the 'Rid Part v of the second Part, the receipt whereof is here- by confe.'ed and ac6'nowledged, hath granted, bargained, sold and conveyed, and by these presents doth grant, bar- gain, sell, convey and cordirm unto the said part y of the second part, his heirs, and assigns for- ever, all of the following described lot or parcel of land, situate, lying and being in the County of Pitkin and Stats of Colorado, to wit: SEE ATTACHED EXHIBIT A ATTACHED HERETO AND INCORPORATED HEREIN BY THIS REFERENCE TOGETHER wit:i all and singular the hereditaments and appurtenance- thereunto belonging, or in anyvise appertaining, and the reversion or reversions, .remainders, rents, issues and pt'ofits thereof; and all the esta'c, 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 bargained premises with the hereditaments and appurtenances. T4 RAVE AND TO HOLD the said prem,ses above barp'vinedand des..rihed, with the appurtenances onto the said party of the second part his heirs and as'i ns forever. And rite said Section Inc. party of the first Dari, for itself, and its successors, doth covenant, Brant, bargain, ane agree to nn•t with the said part y of the second part, his heirs sad assigns, that at the time of the cn.:ralieg and delivery of these presents is is well seized of the premises above conveyed, as of a good, sure, perfect, absolute and v 1 ' j. ;ble estate of inheritance, in law, in fee simple, and hath good right, full pov:cr ane law:..l authority to grant, ba .:.lin, sell .o,d ronver the same in manner and form aforesaid, and tin•.t ti,, saris a : free and clear from all fmnnor and other gra,ts, omgams, sales, liens, taxes, assessments and incumbrances of •,IiitevLr hind or nature soover; except the lien for general taxes for 1974; reservations and exceptions as con- tained in the Un`ted States Parent recorded in Book 171 at Page 79, Pitkin County, Colorado, r�-cords, the protective covenants recorded in Bnok 245 at Page 146 of such records, and subject to the lien of that certain Deed of Trust dated October 11 1971 a>a ergcorded �n Boo?; �8 at p,ne (46 of st`ch records aAd subject _,u-tbor an alone m•F2mc premises m quiet anv p'accal'le nossessun of the smtl Party of the second Paa his heirs and assigns, ugaiast all and every Pe'Tcon er persons lawfully claiming or to claim the whole or ":- Dart ttcreof, the said party of the first i—'t shall and .ad1 WARRANT AND e OREVER DEFEND. IS- i..11NRSS WIIEREOF, The said warty of the first part hath caused its corporate name to W hereunto subscribed by its President. and its corporate seal to be hereunto affixed, attested by its Secretary, the day and year first above written. Attest:. ..._.'T- SECTION.. 36 t.._INC.:.._................_.........._..__...... Charles Tnd , Brat"1 ' �....... ..... _... .. 'I By....._ . _I .l U. 4 Sab.l>_.. .._. .:. Dona lit C. nT STATE OF COLORADO, Pitkin '"' _..._._..._......_...._..._.County at. The foregoing instrument was acknowledged before me this 25th day of October ! 1994 ,by Donald C. Sabin as President and Charles T. Brandt as ' "•' Ser,, t -ay er Section 36, Inc. azar perRti.n. My notarial commission expires r .i✓r: thl: "•s i:.h ;;r iP � Witness eny h.md and official veal." J0070 1 h a, i;rL. , // y .c ........... , x.�SECT16N- 36; PARCEL NO. 11 `"-'.A;PAI�CEL'OF, LAND SITUATED IN THE NE 1/4 OF SECTION 36, TOWN - RANGE 87 WEST OF THE 6TH PRINCIPAL MERIDIAN, BEIN6 MORE, FULLY DESCRIBED AS FOLLOWS: 'BEG;NNING AT A POINT..ON THE EAST LINE OF SAID SECTION 36 WHENCE THE NORTHEAST CORNER OF SAID SECTION 36 BEARS N'00003109" W 581.78 FEET; 1� THENCE FOLLOWING SAID -EAST LINE OF SAID SECTION 36 S 00003'09" E 1780.17 FEET; THENCE N 82014' W 1240.00 FEET; ' THENCE S 29"25128" W'210.75 FEET; THENCE 248.58 FEET ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 200.00 FEET, THE -CHORD OF WHICH CURVE BEARS N 13041'30" W 232.90 FEET; THENCE 524.65 FEET ALONG THE ARC OF A CURVE TO,THE RIGHT HAVING A RADIUS OF 200.00 FEET; THENCE S 79000' E 305.00 FEET; "THENCE 315.91 FEET ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 10.0.00 FEET THENCE N 80000' W 468.00 FEET; THENCE N 53015' E 1675.05 FEET TO THE POINT OF BEGINNING, 'CONTAINING 35.076 ACRES, MORE OR LESS. RESERVING, however,'pnto the party of "the first part, its successors, assigns, and grantees, an easement or*right- of=way over and across that portion of the above-described real property situated within Easement No. 3, as described below, for a private roadway'and equestrian trail purposes and for the location of utility lines to be used in common with owners of adjacent property. TOGETHER with any and all easements and rights-of-way appur- tenant to the above-described real property, including, but not limited to the following easements: Easement No. 1. A non-exclusive easement or right- of-way for road purposes and for -location of utility lines over, through and across a tract sixty (60) feet in width, being in Section 25, Township 8 South, Range 87 West of the 6th P.M., the centerline of which is more fully described in Book 234 at Page 703 and in Book 245 at Page 195, Pitkin County, Colorado, records; Easement No. 2. A non-exclusive easement or right-of- way for road purposes and for the location of utility line over, through and across a tract sixty (60) feet in width, being in Section 25, Township 8 South, Range 87 West of the 6th P.M. granted by that certain Special Land Use Permit C-7694 issued by the Department of In- terior, Bureau of Land Management. Easement No. 3. A non-exclusive easement or right-of- way for road purposes and for the location of utility lines situated in Section 36, Township 8 South, Range 87 West of the Sixth Principal Meridian, Pitkin County, Colorado. Said easement is 60 feet in width, lying 30 feet on each side of the following described centerline: 01UU071 800x292 PAGE BEGINNING AT A POINT.WHENCE THE NORTH ONE-QUARTER CORNER OF •, SAID SECTION 36 BEARS N 89049'28" E 315.70 FEET; THENCE S 73°39'10" W 24.57 FEET;' .r;F THENCE 89.52 FEET ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 81.00 FEET;',.f, THENCE 147.23 FEET ALONG THE.ARC'OF A CURVE TO THE RIGHT ?`I" HAVING A RADIUS OF 97.00 FEET;;_��, THENCE 125.11 FEET ALONG TILE ARC OF A CURVE TO THE LIE T -, HAVING A RADIUS OF 230.00 FEET;t, THENCE S 66'08'00" W 82.00 FEET; THENCE 125.54 FEET ALONG THE ARC O? A.CURVE TO THE LEFT' - HAVING A RADIUS OF 95.00 FEET;.,' THENCE S 09°35'00" E 195.00 FEET; .; THENCE 206.53 FEET ALONG THE ARC OF A CURVE TO THE RIGHT HAVING - A RADIUS OF 250.00 FEET; THENCE 129.81 FEET ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 250.09 FEET; THENCE S 08000100" W 128.00 FEET; THENCE 316.67 FEET ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 252.00 FEET; THENCE S 80000'00" W 279.00 FEET; ' THENCE 131.74 FELT ALONG THE ARC OF A CURVE TO THE LEFT - HAVING A RADIUS OF 148.00 FEET; THENCE S 29°00'00" W 310.00 FEET; THENCE 124.39 FEET ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 305.00 FEET; THENCE S 05038'00" If 982.00 FEET; .THENCE 77.32 FEET ALONG TILE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 75.00 FEET; THENCE N 36034'00" E 740.00 FEET; THENCE 556.49 FEET ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 2030.87 FEET; THENCE N 52016'00" E 290.00 FEET; THENCE 245.20 FEET ALONG THE ARC OF A CURVE TO THE RIGHT I RAVING A RADIUS OF 135.00 FEET; THENCE•. 362.21 FEET ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 400.00 FEET: THENCE 185.82 FEET ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF•400.00 FEET; THENCE 298.34 FEET ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 400.00 FEET; THENCE 331.61 FEET ALONG THE ARC OF A CURVE TO TIE LEFT HAVING A RADIUS OF 1000.00 FEET; THENCE 107.70 FEET ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 70.00 FEET; THENCE 220.12 FEET ALONG THE ARC OF A CURVE TO THE LEFT ' HAVING A RADIUS OF 80.00 FEET; THENCE 241.26 FEET ALONG THE ARC OF A -CURVE TO THE RIGHT HAVING A RADIUS OF 395.00 FEET; THENCE 273.44 FEET ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 200.00 FEET; THENCE 91.92 FEET ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 400.00 FEET; THENCE S 80000100" E 468.00 FEET, THENCE 315.91 FEET ALONG THE ARC OF -A CURVE TO THE RIGHT HAVING A RADIUS OF 100.00 FEET; THENCE N 79000'00" W 305.00 FEET; THENCE 524.65 FEET ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 200.00 FEET; THENCE 248.59 FEET ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 200.00 FEET; THENCE 92.70 FEET ALONG THE ARC OF A CURVEuTO THE RIGHT HAVING A RADIUS OF 105.00 FEET TO THE CENTER OF A CUL- DE-SAC HAVING A RADIUS OF 40.00 FEET es uCuN2 » _:, r c � EAST SOPRIS LLC - 2467-302-00-006 CHAIN OF TITLE: East Sopris, LLC, Grantee Ron A. TimRoth, Grantor Quitclaim Deed Rec. 537457 - Dated 7/4/2007 (Plat Rec. 545089) Ron A. Timroth, Grantee Otto H. Shrull, Grantor Warranty Deed Book 218, Page 17, Rec. 122997 - Dated 1/3/1966 000073 Parcel Detail 1 of 2 http://%vwvv.pitkinassessor.org/assessor/Pareel.asp?AccountNum Pitkin County Assessor Parcel Detail Information Assessor Property Search I Assessor Subset Ouery I Assessor Sales Search Clerk & Recorder Reception Search I Treasurer Tax Search Search GIS Map I GIS Help Basic Building. Characteristics I Value Summar`• Parcel Detail I Value Detail I Sales Detail I Residential/Commercial Improvement Detail Owner Detail I Land Detail I Photographs 000074 [Tax Account Parcel Property 2013 Mill Area Number Number Type Lev 016 R020728 246730200006 VACANT 73.254 Primary Owner Name and Address SOPRIS LLC JPO BOX 190 SNOWMASS, CO 81654 Additional Owner Detail Legal Description Subdivision: EAST SOPRIS LLC EXEMPTION PARCEL 2 Location Physical Address: JE SOPRIS CREEK RD BASALT Subdivision: EAST SOPRIS LLC EXEMPTION Land Acres: 1483.490 �— Land Sq Ft: F0— 8/28/14,7:29 AM Parcel Detail http://www.pitkinassessor.org/assessor/Parcel.asp?AccountNum... 2014 Property Value Summary Actual Value Assessed Value Land: 1 500,0001 145,000 Improvements: 01 0 Total: 1 500 ,0001 145 ,0001 �— Sale Date: Sale Price: Additional Sales Detail Basic Building Characteristics Number of Residential 1 Buildings: 1 - Number of Comm/Ind 0 Buildings: No Building Records Found Top of Pase Assessor Database Search Options Pitkin County Home Page The Pitkin County Assessor's Offices make every effort to collect and maintain accurate data. However, Good Turns Software and the Pitkin County Assessor's Offices are unable to warrant any of the information herein contained. Copyright © 2003 - 2014 Good Turns Software. All Rights Reserved. Database & Web Design by Good Turns Software. 2 of 2 8/28/14,7:29 AM 000075 ra 000076 Q k 2 J QJ 0 C O W d 01O +d UI L ' V1 a d N U O C RID 8i a s TE c adder Od� QV OU c � .n v Eadie N SY m 3 gl C C T vty� O U' d E'o c 5 o v9 ra 000076 Q k 2 J QJ 0 Atter recording return to: James Esq. 537457 l andMulligan, Fairfield and Woods, P.C. I IIIIII I�III IIIIII �I�II Il�ll� fill �IIII! III III'I (III IIII Page: 1 of 3 1700 Lincoln Street, Suite 2400 JRNICE K VOS CRUDILL PITKIN COUNTY CO R 16.00 05/08/2007 02:18 Denver, CO 80203 n 0.00 QUITCLAIM DEED THIS DEED, made this ;day of -111 2007, between RON A. TIMROTH of the County of Pitkin and State of Colorado, grantor, and EAST SOPRIS, LLC, a Colorado limited liability company, whose legal address is 3687 East Sopris Creek Road, Snowmass, CO 81654, of the Courcy of Pitkin and State of Colorado, grantee: WITNESS, that the grantor, for and in consideration of the sum of TEN DOLLARS (SI0.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, hes remised, released, sold and QUITCLAIMED, and by these presents does remise, release, sell and QUITCLAIM unto the grantee, its successors and assigns forever, all the right, title, interest, claim and demand which the grantor has in and to the real property, together with improvements, if any, situate, lying and being in the County of Pitkin and State of Colorado, described as follows: See EXHIBIT A attached hereto, incorporated herein and made a part hereof by this reference. CONVENIENCE DEED—NO STATE DOCUMENTARY FEE REQUIRED. TO HAVE AND TO HOLD the same, together with all and singular the appurtenances and privileges thereunto belonging, or in anywise thereunto appertaining, and all the estate, right, title, interest and claim whatsoever of the grantor, either in law or equity, to the only proper use, benefit and behoof of the grantee, its successors and assigns forever. 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 grantor has executed this deed on the date set forth above. RON A. TIMROMT STATE OF COLORADO) ) ss. COUNTY OF P/TKW ) The foregoing instrument was acknowledged before me this Th1day of 07LI 14-, 2007, by Ron A. Timroth. witness my hand and official seal. My commission expires: (41 11 I 353202 20A& 7: le ;letio ti= 0001077 Notary Public IIIIIIIIIIIIIIIIIIIIIII�IIIIIIIIIIIIIIIIIIIIIIIIIII 5377 02:16 JANICE K VOS CAUDILL PITKIN COUNTY CO R 16.00 D 0.00 EXHIBIT A LEGALDESCRWnON A paced of land within Section 30, Township 8 South, Range 86 West of the Sixth principal Meridian, Pitkin County, Colorado, more particularlydescribed as follows: .. Beginning at the Southwest Cornet of Section 30, Township 8 South, Range 86 West of the Sixth Principal Meridian, and proceeding thence along the Wast line of said Section 30 North 00"02'22" East 2642.04 feet to the West''/. Croner of said Section 30; thence North 00000'42" West 2632.68 feet to the Northwest Cotner of said Section 30; thence South 89°46'48" East 3001.37 fat to the North 'A Comer of said Section 30; thence along the North line of the NE 16 of said Section 30 South 89°43'53" East 1300.51 feet to the Northeast Comer of the NW %NE'A of said Section 30; thrnce South 00°06'38" Wart 2635.50 feet to the Center Beat 1116 Comer of said Section 30; thence South 89'43'39" E09 310.51 feet; thence South 00°08121" West 1399.77 feet to the Northerly Right of Way of East Sopris Crock Road: thence along said Right of Way the fbUowingnine courses: along the arc of a 473.17 foot radius came to the left 17121 fed (said curve having a chord • which been North 66°20'16' West 17028 fed); thence North 76°42'12" West 158.54 feet; thence along the arc of a 128.64 fat radius curve to the right 86.44 fed (said time having a chord which been North 57°27'12" West 84.82 fat); thence along the aro of a 561.89 feet radius o the left 189.60 feet (said Came having a Chord which bears North 4752'12" West 188.70 feet); thence North 57°32' 12" West 179.66 fat thence along ere enc of a 203.42 fear radius carve to the left 134.96 feet (said carve having a Chord which bean North 76032'36" West 132.50 fed); thence South 84°27'00" West 186.79 Sed; thence along the are ofa202 41 feet radius carve to the right 98.17 fat (acid time having a chord which been North 81 039'19" West 97.21 fed); thence North 67°45'39" West 80.86 feet thence leaving the Northerly Right of Way of East Sopris Creek Road and proceeding thence South 22'14'21" Wast 60.00 fed to the Southerly Right of Way of East Sepris Crede Road; thence along the Southerly Right of Way of East Sopris Cray Road the following eight courses: South 87°45'39" East 80.86 beet; thence along the are of a 262.41 feet radius curve to the left 127.27 fed (said Curve having a Chord which bean South 81°39'19" East 126.03 fed); thence North 84°2rUr Eau 186.79 feet thence along the we ofa 143.42 feet radius time to the right 95.15 fear (said chore having a chord which bean South 76°32'36" East 93.42 fat); thence South 57"32' 12" East 179:66 fat thence along the aro of a 501.87 feet radius curve to the right 16935 feet (said curve having a chord which bears South 4705211211 East 168.55 fat); thence along the we of a 188.64 feet radius curve to the left 126.76 fear (said curve having a UDUO 73 677 iiiiiiiiiiiiiiiiiiiiiMillillillTKIN COUNTY Cc te05/09/2007 of 3 0 2.18 chord which beats South 57°27' 12" East 124.39 feet); thence South 76°42' 12^ Fast 117.50 feet; thence leaving the Southerly Right of Way of East Sopris Road and proceeding thence South 244.92 feet; thence South 47°28'54^ West 1483.18 feet t the South line of the SE i6 of said Section 30; thence along said line North 89°56'02" War 329.79 fed t the South �4 Corner of avid Section 30; thence North 89°51'44^ West 297284 fed to the Southwest Cotner of said Section 30, the Point of BeOil oniUS* . County of Pitkin, State ofColotado a 00007,-/) 1 Recorded .t 1:_Q.Q--o'do Reception N.--122922— 9 ag F P ble x der BOBKG�.b PNCE d 1)ns DEED, stades this 7th day of December , u 65 between OTTO H. SHRULL of the county of Garfield and State of Colorado, of the first part, and ROE* A. TIMROTH a the Caontyof Pitkin and Stat. of Colorado, of the second part: WITNESSETH, That the said part of the first port, far aad in consideration of the num of Ten Dollars and other good and valuable considerations DiOntam, to the said part y of the first part in bond paid by said part y of the second part, the receipt whereof is hereby confessed aad acknowledged, be s granted, bargained, sold and conveyed, and by than presents do e S great, bargain, all, convey and confirm, unto the said party of the second part, hi sheira and ensign for- ever, all the £oUmving described lot s or panel of land, situate, lying and being in the county of Pitkin and State of Calorsdo, to -wit: Lots 5, 6, 7, 8, 9, 10, it, and 12, the east half of the west half. the west half of the northeast quarter, the southeast quarter of t] northeast quarter, and the southeast quarter of Section 30, TOwn Sh'. 8 south of Range 86 west of the Sixth Principal Meridian, Pitkin County, Colorado. Subject to the reservations as contained in the United States Patent, as to all the coal and other minerals, pursuant to the pro- visions and limitations of the act of December 29, 1916 (30 Stat., 862) TOGETHER with all and singular the hereditaments and appurtenances thereto belonging, or in anywise appertaining, and the tennis. and reversions, remainder and remalmims, rents, iasuea and profits thereof; and W the estate, right, title, interest, claim and demand whntaoever of the said part y of the first part, either in law or equity, of, in and to the above bargained premises, with the hereditements and appertewneas TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the .aid parry of the second part, his heirs and assures forever. And the acid part y of the first part, for himnif,his.in, cascara., and admini.traters, does covenant, grant, ImM.m, and syn. to and with the said party of the .econd part, hi a heirs sad assigns, that at the time of the ..caking 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 be s 6sad right, fail power sad lawful authority to grant, bargain, cell and convey the same in roamer and form as aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, a.sessmanta and encumbrances of whatever Idnd or wture.oerse, except taxes for 1965 payable in 1966; and the above bargained premises in the quiet aad peaceable pan..!. of the said party of the ..ad pace, his heirs and assigns against all and every person or persona lawfully claiming or to claim the whole or any part thereof, the said part y of the first part .hail and will WARRANT AND FOREVER DEFEND. IN WITNESS WHEREOF, the said party of the first parthag hereunto set hi Shand sad seal the day and year tint above written. �''((ll //[Y/1/// v OTTU--H:" 5HRDZI, __(SEAL) �-=tett^/�2K��i�=�_�..._. .C-aYsn•� —.__ _ ._.._.__.___(SEAL) J- --...._.... -' —.._.._._....._..._..__._(SEAL) ore as. tbr. ''/OK day of December 1968 -wmess my Ilq,d and official seal 9&L 1r1gaANSY Damm. Pee pa.b¢nema[n.ee.d.—antllatdPo4Wee'e.m. Ger. me.Irz" S',asa" Dec.—.l.,.ae J SCHOELLKOPF - 2467-302-00-007 CHAIN OF TITLE: Walter H. Schoellkopf, Grantee Valana K. Timroth, Grantor Warranty Deed Book 491, Page 762, Rec 270009 - dated 6/25/1985 Walter H. Schoellkopf, Grantee Ron A. Timroth, Grantor Warranty Deed Book 491, Page 711, Rec. 270013 - dated 7/25/1985 Ron A. Timroth, Grantee Otto H. Shrull, Grantor Warranty Deed Book 218, Page 17, Rec. 122997 - dated 12/7/1965 'aircel Detail Page 1 of 3 Pitkin County Assessor Parcel Detail Information Assessor Property Search I Assessor Subset Query I Assessor Sales Search Clerk & Recorder Reception Search I Treasurer Tax Search Search GIS May I GIS Help Basic Building Characteristics I Value Summary Parcel Detail I Value Detail I Sales Detail I Residential/Commercial Improvement Detail Owner Detail I Land Detail I Photographs Tax Account Parcel 2013Mill Area Number IL Number pro er T e p t3 yp Le 016 R007243 6730200007 SIDENTIAL 73.254 Primary Owner Name and Address SCHOELLKOPF WALTER H PO BOX 188 SNOWMASS, CO 81654 Additional Owner Detail Legal Description Section: 30 Township: 8 Range: 86 TRACT OF LAND 1N SEC 30-8- 86 DESC BY M/B BK 491 PG 702 Location Physical Address: 113691 E SOPRIS CREEK RD BASALT �— Subdivision: Land Acre 138.510 Land Sq Ft: 0 Section Township Range 30 1 8 86 GGu0B2 http://www.pitkinassessor.org/assessor/Pareel.asp?AccountNumber=R007243 8/7/2014 Parcel Detail 03u383 2014 Property Value Summary I Actual Value -71 Assessed Value Land: 265,0001F-21,090 Improvements:1 89,200 7,100 Total: 354,200 28,190 Sale Date: 6/25/1985 Sale Price: 36,500 Additional Sales Detail Basic Building Characteristics Number of Residential 1 Buildings: Number of Comm" 0 Buildings: Page 2 of 3 http://www.pitkinassessor.org/assessor/Parcel.asp?AccountNumber=R007243 8/7/2014 Residential Building Occurrence 0 Characteristics OPEN PORCH: 11144 wo 1595 FIRST FLOOR: 111.576 Total Heated Area. -]11,576 Property Class: SINGLE FAM RES- IMPROVEMEN Actual Year Built: 111967 Effec 11970 Bedrooms: 2 Baths: IF, Quality of Construction: INVER T 11 Exterior Wall: JFWD SID AVE Interior Wall: 11DRYWALL Floor: JIBASE Heat Type: WL/FLR FRN Heating Fuel: JIGAS Roof Cover: 11ROLL COMP Roof Structure: GABLE/HIP Neighborhood: YSTROM/ SOPRIS CRK AREAS Page 2 of 3 http://www.pitkinassessor.org/assessor/Parcel.asp?AccountNumber=R007243 8/7/2014 Parcel Detail Super Nbad: JIEMMA AND SOPRIS Top of Page Assessor Database Search Options Pitkin County Home Page Page 3 of 3 The Pitkin County Assessor's Offices make every effort to collect and maintain accurate data. However, Good Turns Software and the Pitkin County Assessor's Offices are unable to warrant any of the information herein contained. Copyright © 2003 - 2014 Good Turns Software. All Rights Reserved. Database & Web Design by Good Turns Software. G10v084 http://www.pitkinassessor.org/assessor/Pareel.asp?AccountNumber=R007243 8/7/2014 Sales http: //Nvww.pi tki nassessor.org/assessor/sales.asp9AccountN umb... Pitkin County Assessor Sales Detail Information Assessor Property Search I Assessor Subset Ouery I Assessor Sales Search Clerk & Recorder Reception Search I Treasurei-Tax Search Search GIS May I GIS Help Parcel Detail I Value Detail I Sales Detail I Residemial;Commercial lirnpro�ement Detail Owner Detail I Land Detail I Photographs Account Number R007243 �I Jnr Reception 7) -, Page Sale Date [;ale Price Deed Type Doc Fee Number 62 6/25/1985 36,500 WD Grantor Name Grantee Name ReceptionBook Page Sale Date [ZlePrice [DeedType Doc Fee Number F Name 491 I 792 1 6/25/1985 I 36,500 I WD Name !ece do Book 10 Page Sale Date Sale Price [Deed Type 491 771 5/25/1985 1 225,000 WD Grantor Name lGrantee Name Reception Book Page Sale Date Sale Price Deed Type Number 491 I 711 15/25/1985 I 225,000 ( WD Grantor Name Grantee Name 33�u35 Doc Fee Doc Fee I of 8/19/14,7:59 AM Sales http://www.pitkinassessor.org/assessor/sales.asp?AccountNumb... Too of Page Assessor Database Search Options Pitkin County Home Page The Pitkin County Assessor's Office makes every effort to collect and maintain accurate data. However, Good Turns Software and the Pitkin County Assessor's Office are unable to warrant any of the information herein contained. Copyright © 2003 - 2014 Good Turns Software. All Rights Reserved. Database & Web Design by Good Turns Software. 2of2 01OL086 8/19/14,7:59 AM V A U rn O _ O \ rn \ A rn rn W rn O O O O V rya O y o U �c ®cm3 � A m � 2 3mv v M31� x j3 Q m N c ori iF J 0 N 51.°-'m Y m E 0 \ 000088 IinwJNn jj WARRANTY DEED II THIS DEED'Ma N' a 5�1 J.J.J hl..ttn VALANA R. TIHROTH anml of Pitkin HALTER H. SCHOELLROPF June t .i..�u- .'__J3iLli�i.:=s. f.; ; rarn4v++`ai�s<a?r8i: 1-k?j of?i BOX 4ii1 PASS %1 N zT v � ft U W�j ^ et U :3 o —o or U rtI o � fD m Ut 'A nnnt sur<,•rc,J.vaJu annnauand jI ..nnx kFal aAlWsa is P.O. Box 188, Snowmass, Colorado 81654 j.. nnh conga Pitkin . SuU or Cwm.h,, gulnttla)- \k'I($10.00)Tand other A valuable Jconsof ren ($10.00) and other valuable cmnsidetation---------------------'—'-----fIs 'im. IhmrciltaNwffcN �ofaM1.hishubk a'k�Wa1M}M.Re grrnbJ. hula nJ. vIJaNttnv<kM.aMbl lhulrn<nla Jo e3 Fnnl. bupm. xll.nmO.aN wnbam. unm Jr granitt(n. his h;n aM aaJpm rnnen all sb<rral pnq.....Wf<Ncr wim imrtm<n.nu. if an>. silYl¢, 1) in4 ani win,, in ahe U„ml.a Pitkin .Sum of co"t&,. Jvnh a, fnnoar Description of a Tract of Land in Section .30, T8S, R86kt, 6th P.M., Pitkin County, Colorado: SFANFA. LIMEUMENTARY 2 5 I9B5ms zRHxasavk'fr;.FwxxxJux>xvxx _ � . TOOF.f HER n10, 91 ami 'ingot, au hs"".nn aM in anlxiu aff.ruw.F, aM rh fncnirn aM rntaiona....m&r —1 rcfmiMen, rcnt+. U+uc, aM "'I", O.mt. aM all lh rnaw, rifhl, ink. in!At'. Haim W &.m xb..' of Ih g,ammfak d!hr in Ix a. Nois, of, in aM!o mt aunt htteaiml pnmixa, niih J. hfNnamtnts aM a�ntnamn iU IU\I: ACII TO IIDLU!h sail ltemiwsaMrinrfaimlaMJeurih+i uiiM1 J. apPuntnarces. unto rbe Franb.lq. his hinaM aa+iFnifwnrr AM!h Fram.N¢Lv himulf, his hnsaMl.r+mnh<p,tunmi.rs.Jo e3 amrnmLFnm,bvpia aM �grct!oaMnHA!hfranmYsl his hinaMav+igm.sM1»a,l.linxnfrh <nwakngaNJebaeD'onhrxprcumr, n<i1 i,tJ of rN. premia atn,<eonap<J. hn gid, +urc. Id.. absaLte nM iMdnubk ouu of inhfin.. in lav, in ftt simple. aml has Fmidfhl. fullfa»craNamM !)wffmr. N,fain. xllaMnn,ga. wrcin nnmrcraMfnnn atabv«+iJ.aMIM1at 4evn4ve frtt aM dcv rnm all FmeuMnhr Pmu.lvrgaiW. aaks.lim!. uws, axsamnn. <numhantts. aM mvMi.man(nbamrrkiMw nmurc sa�rr. otvpl general taxes for 1985 and thereafter, payable in 1986 and thereafter; and SUBJECT TO reservations of all coal and other minerals in the lands so entered and patented, together with the right to prospect for, mine, and remove the some pursuant to the Act of December 29, 1916 (30 STAT. 862) and a right of way for ditches or canals constructed by the authority of the United States, in United States Patent recorded June 9, 1937 in Book 167 aM ah alnt FvE,irN ahPage (co�ntinued on reverse) p<m<S Finagaiml,IlaMn<O pnwnm fetuma Irvfulb chiming a m chim Ih nhl<ttank P.1 sbcnnf. Fanu.1+l,M1ill aM Dill nAY.R,\\T ASII IORN'FR UFFF.\'U. IS N'ITRFSS aC11tRl OF. Ne f¢mwtsl bre nw-uxJ+hia J. J rnrh J+te ul htM1 ab.n<. STATEOFCOIARAW ih rmgajpg imlmmcm nn abw.IN(M me;n sn< Ceunpe .Sou 04 of � \ .ei. Jn nr June / .19 BS ,q vqa' v Timroth. S =' gP!!zs.My Cammissicn Expires ebrua E 7 17 1 - ns. • ''�'p yrs s' ��� 7/ BU BV\ �Ir nrl[*VfF inn rtnJ .M•. No.9)l. iG+131. nkF0.T\n'o[Iona v4<TnpLklwa nnAd mNim•q anyn'ht A.,,!ab.ml COW"—nitluvan 2F, i I OU -03:) �r , SUBIECSIONS (continued from reverese) I )j z t gMK 4(j1 PA51 Ata 45; easement 20 feet in width as granted to Holy Crass Electric Association by instrument recorded November 5, 1970 in Book 251 at Page 710; easement 20 feet in width as granted to Moly Cross Electric Association by instrument recorded in Book 259 at Page 640; and right of way for county road in existence and in place; all reference being to the real property records of Pitkin County, Colorado. d C t -00390` ' L h_Q�+vni;(e1:A:..t.'_1.:�'n.•.ant•1'-'•li'!.:'.:u6 ir` !^..� n..a, --=—WMMAN•rY nmii =--- ---- --- Box 491-PA�-t ^ \al N =o N THIS DEED, VaJcmir PS Jaaof Vf, ARI ti O 19 85 RON A. TIIIROTII O p Rl t. oflM •ttvnp ,.f Pitkin and s.u.d -o oz CnhvaJu. F ar nv. and J A HALTER It. SCNOELLKOPP nMne opal addmssn p.0. Box 188, Snowmass, Colorado 81654 .41M fonp ur Pitkin and S,x,.4 \I ITNM%l 111, TiE ,nnp 4v and in con,Lk ni.m nrsM •con of TEN ($10.00) DOLLARS and other good and valuable consideration ------------IK7u.\R5, dv.nraalJmmo<d'J or.hkbunimb'aimwtJg.V. i yun J. NIfrimV,vIJandrvn,gJ.uWb,Il.<p,vnnJ.vs Fnm. ba,lin. sell, nm,p'aMnvlRmLunlusMgunM. In, M Mind—ipna fon+enalllM rcalrn9 f, In<nA,xall imMnerwnlr. dan,sluWA ngaM leinfimnr C..'of Pitkin ands... am cohrad„aannJ as 1,4W, See Exhibit "All attached hereto. By acceptance of this deed the party of the second part covenants and agrees that development of the property described in Exhibit "Ala shall be restricted as follows: There shall be no development of the westerly 200 feet of the property described in Exhibit "A" except for the construction of an access roadway to service the said property and for the construction, operation and maintenance of a hydro -electric plant to provide electricity to any improvements situate on the said property or property adjacent thereto. This deed restriction shall be a covenant running with the land, the term of which will be the life of the party of the first part, his now living descendants plus twenty-one years. However, reserving unto the party of the first part a personal right of access to )R)�alf shin in the Valana K. Reservoir situate on the property described in KK% Exhibit A" which is described in that certain Special W art a y Deed made by the party of the first part to the party of the (continued on revers TOCETIIFA xilh Al and singular ale M[Nn,l.nu and arryn<mlc<s stoma. hnm€n, w in an,niw and IM mcnim aN + , renniM[ no remrindtu. mmu. inns and ReLa,Mnvf, anJ all IM mute. nFld. sill,. im[aas. tlJim and &.,,M vM1msa�a of sl. tnn4v.<llMr inlna,v N.i". yr band m the ahnr twtainJ wont , i.h de MJnanun6¢M ar(un[naan. TO IIA\'F. AND TO 1101.111M nM 1—dws ohne lvrpimV and JiwnhV. xilh lM+rryn<mmn. ulno IM Fumtt, br Min and augns Iaos[.dMlh<franuv.fwhim,elf.hisncin.and{errmalnrr<smuli.<s Acrnn,lum.franLnarFain.aMayrro r,•aMuilnlMlnnitt,Mrheivanl ssrifnr.,hal wlMlimtofsM,nuabnf W&I'cp hnlW. na'. tt4 al.nlme and inJefeauN«sulterinM[ium[. in In.. in fmsimrk. and hm FwJ UJM. fulll+a c aW Ln rulamhmll to Fram.nnpains ill andovu,) IMame ..no and fpm ss ,flvsvii and 11urTM lar. am rnv and cl[a fmm all Avoav and pAr franc. li[ns, con, nseummr. mvn�hames arJ mnriaiamsen.mn+crtiMmn>mn u.+<L e,c<rt general taxes for 1985 and thereafter, payable in 1986 and thereafter; and SUBJECT TO reservations of all coal and other minerals in the lands so entered and patented, together with the right to prospect for, mine, and removethesaamee1pursuant to the Act of [Decemberr 2% 191�6t (30 STAT. 862) a"or fMH,M i Tr.\(fRAx I;TM1f14�IRECE&U� N91`M`gv"aeF„fa`�I.ailr+^IF i�nlF.4n�r[y.N}va°t<",6 1"esn�Sl wRo�ln�e:an°Tir<se un i. fns.aflin,l91undo" lerumw'nivnlovNil) clurnintlMvMleman, psndord TMsinfularnumhnnall imlu ff,plund. IMi lIM vnfular, and IM uss of., R,nder,LallM aM1iroFlemall fn.&. 1N t\ ITNFSS P Ii sM from v M, e,nuhJ lairy V on IM Jn, •n f v�b.+N+e f✓R�0/i`NSNT/ASS.. TTT IIIMMROTH STATE10CUMFNrpTnav ,} 0 ei3O S,ATEOFCOLORAW ,µ 250 ' ° SARV`;N Cnnn"er PITKIN I p G�< J' ( Tsic �reo- • ,ua Anm,j<.r.,N nr in lx Cwm, of Pitk Infaf p ff iwryn (VV��-//j} FIa2 a>s nr G .19$$.q Ron A. Timro[II. dljl nC• qq p `'•.;�F�•�r�w.nnPircs�d%((J .1907 n'nn<„n,I FanJxndofhaal „nl 11! 4 < `Il m Ua.... i.1-11 C-11 and Ne. MA. In, )-Br, -Alm II Pft11llwl Ilul-M.m11 hlJlriJ hl...rl!na n "n U' -."'aJ.[a Wa l r–I.W)r:,>eK0 fn .yO 1 I ,pr L T � 3 I 2 m 9 j a 3 - � a Z O /w I .yO 1 I SUBJECIIONS CONTINUED FROM REVERSE: 8DON 491 PAGE112 the authority of the United States, in United States Patent recorded June 9, 1937 in Book 167 at Page 45; easement 20 feet in width as granted to Rely Cross Electric Association by instrument recorded November 5, 1970 in Book 251 at Page 710; easement 20 feet in width as granted to Moly Cross Electric Association by instrument recorded in Book 259 at Page 640; and right of way for county road in existence and in place. CONTINUED FROM REVERSE first part to the party of the second part contemporaneously herewith conveying interests in the Valana K. Reservoir. r� %r:}::il-t ,pr r�Jyi ;i 1. � Z O /w I y O SUBJECIIONS CONTINUED FROM REVERSE: 8DON 491 PAGE112 the authority of the United States, in United States Patent recorded June 9, 1937 in Book 167 at Page 45; easement 20 feet in width as granted to Rely Cross Electric Association by instrument recorded November 5, 1970 in Book 251 at Page 710; easement 20 feet in width as granted to Moly Cross Electric Association by instrument recorded in Book 259 at Page 640; and right of way for county road in existence and in place. CONTINUED FROM REVERSE first part to the party of the second part contemporaneously herewith conveying interests in the Valana K. Reservoir. r� %r:}::il-t I — v �flir .\ • E(NIBIT"A" r LEGAL DESCRIPTION Bon 491 vnce'1"13 N A tract of land situated in Section 30 Township 8 South, Range 86 Nest of the 6th P.M., more fully described as follows, Beginning at the Southeast Corner, Section 30, TBS, R86N, 6ht P.M. and proceeding thence with the South line of the SE: of said Section 30, N 89.56102" N 2308.55 feet to a corner (set 5/8" rater with aluminum cap), thence N 47"28'54" E 1483.18 feet to a corner (set 5/8" rebar with aluminum cap), thence North 275.75 feet tO a corner in the center of a County road (witnessed by a set 5/8" rebar with aluminum cap which bears South 30.83 feet from true corner), thence with the centerline of the county road S 76°42'12" E 48.13 feet, thence 160.35 feet along the arc of a 443.13 foot radius curve to the right, the chord of which bears S 66°20'13" E 159.47 feet, thence S 55°58115" E 164.27 feet, thence 182.26 feet along the are of a 425.72 foot radius curve to the left the chord of which bears S 68.14'09" E 180.87 feet, thence 233.63 feet along the arc of a 463.52 foot radius curve to the right, the chord of which bears S 66603'42" E 231.16 feet. thence S 51'37'20" E 482.61 feet, thence 158.55 feet along the arc of a 788.93 foot radius curve to the right, the chord of which bears S 45'51'53" E 158.29 feet, thence S 40.06'27" E 22.76 feet to a corner in the center of the County road on the East line of the SE! of said Section 30 (witnessed by a set 5/8" rebar with aluminum inumOaOc0" which 525. bebears S 0"03 00" E.46.62 feet from the true corner), thence S feet to the point of beginning less a 30 foot wide right of way Southerly of the above described County road centerline. COUNTY OF PITKIN, STATE OF COLORADO. 34r«..gc -q. sari -t` - .':Tiq✓ - `5 f+1 i.us - T M �'.r aecordea atxt...OSL_._dao<r� .af-_tanstacy�..-155, _BOOK�(�l JIl - ( '- .. Heceptmn No izg227_—'__YS<ssx-E.-Cshle-_.=�E<nomnr. -�f�GE .ZW -,Y.- r -asst `£ - `t- ✓ E - F try 4 {t to„s,•3DEEa - ac.ao tea '?tli a.y �f"_Decemoe'rt v 65' •/'`” i p Lweco - 'OTTO- H SEtRS7LZ, -- S - - - - - of the - - c.mrtyof Garfield and Stam of Colorado, of the flat part. and _ RON A. TIVIROTR _ .1 me Cooatyof Pitkin and - - -- .:Stam of•colgrado, of the second. part: _ WITNESSETH, That the said part of the flat part, for cad in wnsidemHon o1 the sum of 'Ten Dollars and other goad and valuable. considerations DAI=S, - to the said party of the Sint Part in band paid by said part y of the second part, the receipt whereof is hereby confessed and acknowledged, be S panted, bargained, sold and conveyed, and by these prments do e 5 -pmrat, b.r,cm, sell, convey rand confirm, to the mid party of the second part, hi shun gad ..aeras for. eve, -all the follmWne described lot S or panel or land, situate, lyln, and hen, in the ,-.County of Pitkin and State of Colorado, to -wit; _-Lots:5,, 6, 7, 8, 9, 10, 11, and 12, theeasthalf of the west half, `-_ tale -vest, half of the northeast quarter, the southeast ouarter of th I -northeast -quarter -and: -the southeast quarter„of Section 30-, Townshi f , - Y .'� - •'48'. south,' of Range -86'-west'-of"the ISixth Princilyal &eri than ,• Pitkin, County, Colorado: Subject -to the reservations as'contained,'dn the halted :States _- <`�' Patent, as to all the 'coal and other:minerals,-pursuant to thepro- Visions, and limitations, *of the .act of December 29,'1916 (30 Stat., 862) - •. . _ TOGETHER with a d' aiagular th hezedltamants and ppurterme<o-tharoto belonl'mg,' or to anywise ° -- ' • - - ."Idancinz, nd the revanlon and rev tom, rommndor d remainders ,rents, luuea sad y f m�th of and aV'- , . - .theestate,-right, tide, interest, claim and demand whatsoever of the aid part'y'- of the fiat port, elthegin Ana Ly or eqully,,oI: i. -and to the abovebar,ninsd pramifea, with-thelnodihments'and"nPpurtenmees _ - - • TO nAVE�AND TO DOLD the acid Danals. above bur,i.cd ,ad 'described, -with tfiq ny,muncen ,unto the } said party of the .,road par, his •heirs and ..signs f.a ar.tAnd the said part y of the fiat past, _ for him eel f, hi sicirs, executors, and administrators, does covenant, C,.at, bargain, read o e to and with the said party of the second part, hi a heirs and aasgns, that at the time of the emenhng and ddivery of these presents, he is well seized of the premL,a above conveyed, au Of good, sure, pence, absolute and Indefeasible catate of inheritance, in las, in fee simple, and he S good right, full power and lawful authority to front, bargain, sell and convoy the same in manner and form as aforesaid, and that the same are free and clear - - _ from all former and time grants, bnrgalns, solo; )haus; ;lazy, nmasawats.nad encumbrances of whateverkind. or uaturasoeveq except 196 able.in,7966; _ P 5-n_aY - and tha above bnrpainM promise in the quiet and peaceable possession of the mid party of the second an. - _ his -I hers sad assi,aa .,.last all and ever p.a.. or peaem lawfully Weam, or re, claim the whole - or any part thereof, the said part y of the first part shall and will WARRANT AND FOREVER DEFEND. IN WITNESS 1VID]aEOF, the mid part y of the Sint part ha -S hereunto a t hi ShandAJ - and sena the day end year fiat b v. writmm//�//Jf('(/� _ r `5 r/ - _ .._(SEAL) L � t Qyc� oar a�cLi— �,.�: � _(SEAL) . '••••:•rI�ATF `OF, COLOR.iDO l- y S� la. ..jF{r�.Fouoty'o[.P tkin Iss- I - ` Tibia iii got I/ ocknowled,ed before on. tbia /(f[ day of December naD�\ti� '6.Y1P'yi. SdRULL yun0aflaio roro �Ia"cember 21,' _ 15 68- WsLncu mY dared Dura lea 1. _- I x uw - u P Z,AWfw�-yrs �O Yi�S2 )4�HII.tN21DE}.11 M1PMY- Ne ILM1rd—_HnUaNf4alewo YA nag ay.ta:41i 5but5wat Hea,.n Gb,uW BROWN - 2465-361-00-008 CHAIN OF TITLE: David A. Brown and Cheri A. Briwn, Grantees Richard Lawrence Roman and Cathy M. Slaymaker, Grantees Warranty Deed Rec. 394599 - Dated 7/10/1996 Richard Lawrence Roman and Cathy M. Slaymaker, Grantees C. Irvin Peckarsky and Jeannette Peckarsky, Grantors Warranty Deed Book 423, Page 320, Rec. 229819 - Dated 3/10/1982 C. Irvin Peckarsky and Jeannette Peckarsky, Grantees Section 36, Inc., Grantors Warranty Deed, Book 284, Page 736, Rec. 165772 - Dated 12, 7, 1973 000094 i I_ 000095 co r =per 0 masa O_.p10 T p e z' HrH yd iw m d tp p 3m s' mc�db m2 O na N (� �fA c��aN�2 �,JbN 0 Parcel Detail Page 1 of 3 Pitkin County Assessor Parcel Detail Information Assessor Property Search I Assessor Subset Query I Assessor Sales Search Clerk & Recorder Reception Search I Treasurer Tax Search Search GIS Map I GIS Help Basic Building Characteristics I Value Summary Parcel Detail I Value Detail I Sales Detail I Residential/Commercial Improvement Detail Owner Detail I Land Detail I Photographs G0;;096 Tax Area Account ILParcel Number Number Pro a Typety 2013 Mill Levy 016 R007201 246536100008 VACANT 73.254 Primary Owner Name and Address BROWN DAVID A PO BOX 1303 BASALT, CO 81621 Additional Owner Detail Legal Description ubdivision: M/B SOPRIS CREEK Lot: 12 Quarter: NE Section: 36 'ownship: 8 Range: 87 TR SIT 36-8-87 BGNNG AT THE E4 COR EC 36 TH S 00 DEG 05'56"E 135.00 FT ALNG THE E LINE OF EC 36 TH S 74 DEG 53'03"W 999.90 FT TH S 85 DEG 57'00"W 435.00 FT TH N 19 DEG 14'00"E 649.00 FT TH N 44 DEG 8'00"W 800.00 FT TH N 45 DEG 52'00"E 222.00 FT TO THE ;ENTER LINE OF ASPEN GROVE DT TH ALNG THE CENTER ,INE OF RD 298.34 FT ALNG THE ARC OF A CURVE TO THE ,EFT HAVING A RADIUS OF 400.00 FT & A CHORD WH 1EARS S 70 DEG 18'00"E 291.47 FT TH ALNG THE CENTER ,INE OF RD 331.61 FT ALNG THE ARC OF A CURVE TO THE ,EFT HAVING A RADIUS OF 1000.00 FT TH ALNG THE 'ENTER LINE OF RD 107.70 FT ALNG THE ARC OF A CURVE 'O THE RIGHT HAVING A RADIUS OF 70.00 FT TH ALNG 'HE CENTER LINE OF RD 220.12 FT ALNG THE ARC OF A ,URVE TO THE LEFT HAVING A RADIUS OF 80.00 FT TH http://www.pitkinassessor.org/assessor/Parcel.asp?AccountNumber=R007201 8/7/2014 Parcel Detail NG THE CENTER LINE OF RD 241.26 FT ALNG THE ARC A CURVE TO THE RIGHT HAVING A RADIUS OF 395.00 F1 ALNG THE CENTER LINE OF RD 273.44 FT ALNG THE C OF A CURVE TO THE RIGHT HAVING A RADIUS OF .00 FT TH ALNG THE CENTER LINE OF RD 91.92 FT ALNG E ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF .00 FT TH S 80 DEG 00'00"E 468.00 FT ALNG THE CENTER IE OF RD THTH ALNG THE CENTER LINE OF RD 315.91 FT NG THE ARC OF A CURVE TO THE RIGHT HAVING A DIUS OF 100.00 FT TH N 79 DEG 00'00"W 305.00 FT ALNG E CENTER LINE OF RD TH ALNG THE CENTER LINE OF 524.65 FT ALNG THE ARC OF A CURVE TO THE LEFT VING A RADIUS OF 200.00 FT TH N 29 DEG 25'28"E 210.75 TH S 82 DEG 14'00"E 1240.00 FT TO A PT ON THE E LINE SEC 36 TH ALNG THE E LINE OF SEC 36 S 00 DEG 03'09"E .00 FT TO POB CONT 55.003 AC +/- Location Ph 12600 BEAR RIDGE RD BASALT Subdivision: M/B SOPRIS CREEK Land Acres: 1155.000 Land Sq Ft: 0 Section Township Range 36 8 87 2014 Property Value Summary Actual Value Assessed Value Land: 265,000 76,850 Improvements: 151,400 43,910 Total: 416,400 120,760 Sale Date: 7/11/1996 Sale Price: 225,000 Additional Sales Detail Basic Building Characteristics Number of Residential " Buildings: � Page 2 of 3 00009 f http://www.pitkinassessor.org/assessor/Parcel.asp?AccountNumber=R007201 8/7/2014 Parcel Detail Number of No Building Records Found Top of Page Assessor Database Search Options Pitkin County Home Page Page 3 of 3 The Pitkin County Assessor's Offices make every effort to collect and maintain accurate data. However, Good Turns Software and the Pitkin County Assessor's Offices are unable to warrant any of the information herein contained. Copyright C 2003 - 2014 Good Turns Software. All Rights Reserved. Database & Web Design by Good Turns Software. 000093 http://www.pitkinassessor.org/assessor/Parcel.asp?AccountNumber=R007201 8/7/2014 Sales Pitkin County Assessor Sales Detail Information Assessor Property Search I Assessor Subset Query I Assessor Sales Search Clerk & Recorder Reception Search I Treasurer Tax Search Search GIS Map I GIS Help Page 1 of 1 Parcel Detail I Value Detail I Sales Detail I Residential/Commercial Improvement Detail Owner Detail I Land Detail I Photographs Account Number R007201 Reception Number gook Page Sale Date Sale Price Deed Type Doc Fee �� 7/11/1996 225,000 ®E-- 0Rece394599 ption Reception Number gook Page Sale Date Sale Price Deed Type Doc Fee 423 320 3/1/1982 55,000 ®� Grantor Name Grantee Name Top of Page Assessor Database Search Options Pitkin County Home Page The Pitkin County Assessor's Office makes every effort to collect and maintain accurate data. However, Good Turns Software and the Pitkin County Assessor's Office are unable to warrant any of the information herein contained. Copyright © 2003 - 2014 Good Turns Software. All Rights Reserved. Database & Web Design by Good Turns Software. 0000911 http://www.pitkinassessor.org/assessor/sales.asp?AccountNumber=R007201 8/7/2014 394599 07/11/96 10:33A PO 1 OF 3 REC DOC UCC SILVIA DAVIS PITKIN COUNTY CLERK S RECORDER 16.00 22.50_ FILING STAMP THIS DREIED� L mLu1IIiBe. after a �x r 101 9�ax� I Date State DOCum®tft8ry k, between $fa of the County of GARFIELD and State of Colorado, of the first part, and DAVID A. BROM and CM= A. BROW Whose legal address is 240 ARAPAHOS CARaR•mmz aD 81623 of the County of YTiRll: and State of Colorado, of the second part: WITNESSETH, That the said party of the first part, for and in consideration of the tun of feee,$225r 000.001 d TWO IGNORED TWENTY FIVE THO SAND DOLLARS AND 00/10OT"S w •' std other goad and vaivable whereof is hereby to the said pray of the ed,firsth part in hard paid ed the said parties o the second part, the receipt whereof is hereby confesand and confine unto the, hes partied, f the sec sold and Contheir and by bthese presents does grant, bargain, eel1, convey end t tel arm rnio the said parties es the Second pert, their heir and assigns forever, rot in tenancy in canon CCount joint Prxrcyr_all the fol landd State teeof Colorado, to Lot or parcel of two, v lying and being in the v TIICII'I Y SEB EMMZ" "A" ATTACfi® aEEErD AND MADE A PARE H8RF7DF: u' m c 0 ry also known as street raarber PARCEL NO. 12, E. SOPRIS CUM ROAD bor in anywise app� teining, and d TOGETHER with all and singular the heredita is and appurtenances thereto belonging, the reversion and reversions, remainder and remainders, rants, iwues end profits thereof; and all the elate, right, title m . interest, claim and distend whatsoever of the said party of the first part, either in law or equity,of, in and to the ❑ above bargained premises, with the hereditaments and appurtenances. L ' TO "AVE AND TO HOLD the said premises abws bargained and described, with the appurtaronces, unto the said parties of an the second part, their heirs and assigns forever. And the said party of the first part, for himself, his heirs, executors, G, w- and administrators, does covenant, grant, bargain and agree to and with the said parties of the second part, their heirs T u • and assigns, that at the time of the aroeeling and delivery of those presents, he is well seized of the premises has good Q b conveyed, as of good. sure, perfect, absolute and indefeasible estate of inheritance, in law, spa L ; right, full power and lawful authority to grant, bargain, sell and cmtvey the am in manner end form as aforesaid, and T7 F that the name are free and clear frees all former and other grant&, bargains, sales, liars, tease, assessments and EKCE ancesPT %whaiw AXES or nature soevar, S � ,� YEAR 1996 AM YEARS Afro r SDB= TO ERSE6WTS, F ESEDMMONS, RFSU ICTIONS, COVH,W ISAM OF 97AA1f OF .. RE=, IIs ANYT mrd the ebowd bargained premises in the quiet and peaceable possession of said parties ofthe secraaw: rt, the sclaim pg urviwr f 4) then, their assigns and the heirs and assigns of such survivor, against ell end every per pa _ or to claim the Whole or " part thereof, the said party of the first part shall and will WARRANT AND FOREVER DEFEND. The yl singular number shall include the plural, the plural the singular, and the use of any gender shall be applicable to all genders. i IN WITNESS WHEREOF, the said party of the first part has hereunto set his hand and +eel the day and tear firste ve Written. Signed, Sealed and Delivered in the Presence of STATE OF COLORADO County of PIIRIN7 s6. The foregoing instrunmt wes acknowledSed before me this day of by RICMM LeaUNCE ROM AND My commission expiresidw 23r witness my hand and official sr Form WDJT WARRANTY DEED - To Joint 1285 Q371285.311285 Q37 Ou�:'_0, July 10, 1996 _DAVj0 i e14Er`I stT.L,u 394399 07/11/96 10:33A PB 2 OF 3 EXHIBIT A A TRACT OF LAND SITUATED IN SECTION 36, TOWNSHIP 8 SOUTH, RANGE 87 WEST OF THE SIXTH PRINCIPAL MERIDIAN, PITKIN COUNTY, COLORADO, BEING MORE FULLY DESCRIBED AS FOLLOWS: BEGINNING AT THE EAST ONE-QUARTER CORNER OF SAID SECTION 36; THENCE S 00 DEGREES 05'56" E 135.00 FEET ALONG THE EAST LINE OF SAID SECTION 36; THENCE S 74 DEGREES 53'03" W 999.90 FEET; THENCE S 85 DEGREES 57'00" W 1435.00 FEET; THENCE N 19 DEGREES 14'00" E 649.00 FEET; . THENCE N 44 DEGREES 48'00" W 800.00 FEET; THENCE N 45 DEGREES 52'00" E 222:00 FEET TO THE CENTER LINE OF ASPEN GROVE DRIVE; THENCE ALONG THE CENTER LINE OF SAID ROAD 298.34 FEET ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 400.00 FEET AND A CHORD WHICH BEARS S 70 DEGREES 18'00" E 291.47 FEET; THENCE ALONG THE CENTER LINE OF SAID ROAD 331.61 FEET ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 1000.00 FEET; THENCE ALONG THE CENTER LINE OF SAID ROAD 107.70 FEET ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 70.00 FEET; THENCE ALONG THE CENTER LINE OF SAID ROAD 220.12 FEET ALONG THE ARC OF A CURVE TO THE LEFT,HAVING A RADIUS OF 80.00 FEET; THENCE ALONG THE CENTER LINE OF SAID ROAD 241.26 FEET ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 395.00 FEET; THENCE ALONG THE CENTER LINE OF SAID ROAD 273.44 FEET ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 200.00 FEET; THENCE ALONG THE CENTER LINE OF SAID ROAD 91.92 FEET ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 400.00 FEET; THENCE S 80 DEGREES 00'00" E 468.00 FEET ALONG THE CENTER LINE OF SAID ROAD; THENCE ALONG THE CENTER LINE OF SAID ROAD 315.91 FEET ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 100.00 FEET; THENCE N 79 DEGREES 00'00" W 305.00 FEET ALONG THE CENTER LINE OF SAID ROAD; THENCE ALONG THE CENTER LINE OF SAID ROAD 524.65 FEET ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 200.00 FEET; THENCE ALONG THE CENTER LINE OF SAID ROAD 248.59 FEET ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 200.00 FEET; THENCE N 29 DEGREES 25'28" E 210.75 FEET; THENCE S 82 DEGREES 14'00" E 1240.00 FEET TO A POINT ON THE EAST LINE OF SAID SECTION 36; THENCE ALONG THE EAST LINE OF SAID SECTION 36 S 00 DEGREES 03'09" E 288.00 FEET TO THE POINT OF BEGINNING. TOGETHER WITH: A NON-EXCLUSIVE EASEMENT OR RIGHT-OF-WAY FOR ROAD PURPOSES AND FOR LOCATION OF UTILITY LINES OVER, THROUGH AND ACROSS A TRACT SIXTY (60) FEET IN WIDTH, BEING IN SECTION 25, TOWNSHIP 8 SOUTH, RANGE 87 WEST OF THE SIXTH PRINCIPAL MERIDIAN, THE CENTER LINE OF WHICH IS MORE FULLY DESCRIBED IN BOOK 234 AT PAGE 703 AND IN BOOK 245 AT PAGE 195, PITKIN COUNTY, COLORADO, RECORDS. F..!"'. A NON-EXCLUSIVE EASEMENT OR RIGHT-OF-WAY FOR ROAD PURPOSES AND FOR THE LOCATION OF UTILITY LINE OVER, THROUGH AND ACROSS A TRACT SIXTY (60) FEET IN WIDTH, BEING IN SECTION 25, TOWNSHIP 8 SOUTH, RANGE 87 WEST OF THE SIXTH PRINCIPAL MERIDIAN, GRANTED BY THAT CERTAIN SPECIAL LAND USE PERMIT (� A C-7694 ISSUED BY THE DEPARTMENT OF INTERIOR, BUREAU OF LAND li G 0 .4 0 1 MANAGEMENT. AND A NON-EXCLUSIVE EASEMENT OR RIGHT-OF-WAY FOR ROAD PURPOSES ONEFOR THE -HALF OF SECTIONN36, TOWNSHIP OF UTILITY L8NSOUTH, RRANGES SITUATED I87 WESTN THE OF THE SIXTH PRINCIPAL MERIDIAN, PITKIN COUNTY, COLORADO. SAID EASEMENT IS 60 FEET IN WIDTH, LYING 30 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTER LINE: BEGINNING AT A POINT WHENCE THE NORTH ONE-QUARTER CORNER OF SAID SECTION 36 BEARS N 89 DEGREES 49'28" E 315.70 FEET; THENCE S 73 DEGREES 39'10" W 24.57 FEET; THENCE 89.52 FEET ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 81.00 FEET; THENCE 147.23 FEET ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 97.00 FEET' THENCE 125.11 FEET ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 230.00 FEET; THENCE S 66DEGREES 08'00" W 82.00 FEET; THENCE 125.54 FEET ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 95.00 FEET; THENCE S 09 DEGREES 35'00" E 195.00 FEET; THENCE 206.53 FEET ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 250.00 FEET; THENCE 129.81 FEET ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 250.00 FEET; THENCE S 08DEGREES 00'00" W 128.00 FEET; THENCE 316.67 FEET ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 252.00 FEET; THENCE S 80DEGREES 00'00" W 279.00 FEET; THENCE 131.74 FEET ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 148.00 FEET; THENCE S 29DEGLEES 00'00" W 310.00 FEET; THENCE 124.39 FEET ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 305.00 FEET; THENCE S 05 DEGREES 38'00" W 982.00 FEET; THENCE 77.32 FEET ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 75.00 FEET; THENCE N 36 DEGREES 34'00" E ARC OF A CURVE TO THE RIGHT FEET; THENCE 556.49 FEET ALONG THE ARC OF HAVING A RADIUS OF 2030.87 FEET; THENCE N 52 DEGREES 16'00" E 290.00 FEET; THENCE 245.20 FEET ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 135.00 FEET; THENCE 362.21 FEET ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 400.00 FEET; THENCE 185.82 FCET ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 400.00 FEET; THENCE 298.34 FEET ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 400.00 FEET; THENCE 331.61 FEET ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 1000.00 FEET; THENCE 107.70 FEET ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 70.00 FEET; THENCE 220.12 FEET ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 80.00 FEET; THENCE 241.26 FEET ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 395.00 FEET; THENCE 273.44 FEET ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 200.00 FEET; THENCE 91.92 FEET ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 400.00 FEET; THENCE S 80 DEGREES 00'00" E 468.00 FEET; THENCE 315.91 FEET ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 100.00 FEET; THENCE N 79 DEGREES 00'00" W 305.00 FEET; THENCE 524.65 FEET ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 200.00 FEET; THENCE VI248.59 FEET ALONG THE EEA C OF A CURVE TO THE RIGHT HANG THENCE 92.70 FEET ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 105.00 FEET TO THE CENTER OF A CUL-DE-SAC HAVING A RADIUS OF 40.00 FEET. =._ 0�0 102 G m e w a W NecontcJ ai____o'<lak--k1.,— m423 F•11' = L F.0 RI F.R'gS 111• TIIISDPED. Aadethia 10th deyof March 19, 82.between C, IRVIN PECKARSKY AND JEANNETTE I¢ PECKARSKY gin ce.niyof Nilvaukee andstateof 1�'Dgofthe first parl,and RICHARD IANRENCE ROMAN AND CATHY N. STAYMAKER whoselegaladdressh P.O. Box 8313, Aspen, Colorado 81612 it I HINT of the County of Pitkin and State of Colorado, of the second part: 11'ITNFSSRTD,lhn1 the said park ilia Tithe Drs%part, for and in consideration oflhe sum of TER notilms and other valuable consideration ----------------------------- totbe*xld part ilia of the first pert in hand paid by-thesald partiesoflhe second part, the rcoeipteherwfisherebyl confessed and acknowledged, ha vegranted,bargained,sold nndconveyed. and by these presents do g,ant,b>rgain,sell, comet, and confirm unto the said parties of the secon QQ��rl,theirheirs and assigns forever, not in tenancyin tommon but In joint tenancy, all %he following deserlbed%4(��o 11'areel of land, situate, lying and being in the Countyof Pltkini, and Stale ofColoredo,low it: A tract of land situated in Section 36, Tovosbtp 8 South, Range 87 Nest of the Sixth Principal Meridien, more fully described in EXHIBIT "A" attached hereto and incorporated herein by this reference. :IME DdENWAfff If( AAR .101982 I N6I ls<f>NONh IAH TOOF.THER with nil ..it singular the Iwreditaments and appurtenances thereunto belonging, or in anywise appertaining, the r*verslou and reversions, remeimicr end remainders, rents, Issues and profits lhereak and all the estate, right, title, interest, claim and demand whatsoever of the said parties of the first part,either in law or equity,of, in and to the above bargained pre mists, with the hereditaments and appurtenant*$. TO HAVE AND TO HOLD the said premises above bargained and described, %fill the appurlenanotes. unto the said parkl...fthe second part. their heirs and assigns forever. And the said part lea of the first part, for the& s*ivea,their her,.."ceulon, and admtnialrotorado covenant, granl,bargain and agree to and with the said parties of the second part, their heirs and auigas. that al the It.. of the ..sealing and defirery of thew preaentstbeyste well seized of the premises above conveyed, as of good, sure, perfect. absolute and indefeasible estate ofinheritante.in law, to fee simple, and have good right, full poser and lawful authority to grant,bargaln, ..It sad cariver the .,me in manner and form aforesaid, and that the same are free and clear from all former and olher[rants,b.resim.sdes, liens.lases, suessmenl andencumbrancesofwhateverkind or nature zocved eXCeptl servations and exceptions contained in United States Patent regorded in Book 171 ,page 791 Protective Covenants recorded in Book 245 at Page 1461 RiR Its of Ray I easements as reserved in Book 284 at Page 7361 General taxes for 982 and the above Dnrpined premircsin the qulel enJ pcaceaDl* poucssion of the wid parties of the second pact, their heirs and anign,,againsl all and eceq person or persons lawfully claiming or toetdm the whole or any part thereof. thesaidpartiea of the first part shall and will WARRANTAND FOREVRR DEVI:a�'fl. IN WITNESS WHEREOF the said part Ies of the first part h a and seaIs lhedayandyearfrstaborewrttten. /p/ s 31[ned,S<sled and Oelirered inQQthe l4esence of � P -tics � ISEALI C/.ems IUC.R7.�-1 P f3F.ALf JEWIETTE PECKARSKY V iscons in ISEALI STAT E O f)'fAi� f jf O Ana Coentyor Milvaukee Theforegotng instrument was oeknowkdgtJ before ma this 9 194..by C. IRVIN PECKARSKY AND JEANHEIM PECKABSKY htycommisslon expire, 9- 19 ,19 dayef aARRaSrrprr" Ce. 1949 sovr&I.." amr n Cal..a.nsdans_sn It- " •h� "+}��...-._.w .-_.....,a u�at wi.c ._o'-i.n .... .. 1NO:'<E.t'v-viOFA�^..'MSM1 :.1p�\:(1' xon423 rAct321 gXNIBIT "A" PROPERTY DESCRIPTION A tract of land situated in Section 36, Tovnship.8 South, Range 87 Nest of the Sixth Principal Meridioi, Pitkin County) Colorado, being more fully described as folloval Beginning at the east one-quarter corner of said Section 361 thence 8 00005'56" 9 135.00 feet along the east line of said Section 361 thence 8 74053'133" N 999.90 feeta thence S 85057'00" N 1435,00 feet; thence N 19014100" E 649.00.feeti thence N 44 48'00" N 800.00 feeti thence N 45 52'00" a 222.00 feet to the center- line of Aspen Grove Drive) Thence along the centerline of said road 298.34 feet alongthe aro of a curve to the left having a radius of 400.00 feet and a chord which bear* 8 70018100" K 291.47 feet) Oence along the centerline of cold road 331.61 feet along the are of a curve to the left having a radius of 1000.00 feet; thence along the centerline of sa:d road 107.70 feet along the are of a curve to the right having a radius of 70,00 feet) thence along the centerline of said road 220.12 feet along the are of a cc. ve :o the left having a radius of 80.00 feetl thence along the centerlin-A of said road 241.26 feet along the are of a curve to the right having a raddue of 395.00 feetithence along the centerline of said road 273.44 feet along the are or a curve to the right having a radius of 200.00 feetl thence along the centerline of said road 91.92 feet along the are of a curve to the left having a radius of 400.00 feet) thence S 811000100" 8 468.00 feet along the centerline of sa'd road) Thence along the centerline o: said road 315.91 feet along the are of a curve to the right having a radius of 100.00 feet; thence N 79000100" N 305.00 feet along the centerline of said road; Thence along the -,enterli nw of said road 524.65 feet along the are of a curve to the left having a "adiva of 200.00 feat) thence along the centerline of said road 248.59 feet aloog the are of a curve to the right having a radtns of 200.00 Coati thence N 29"25128" E 110.75 feet) thence 8 82 14100^ E 1240.00 feet to a point on the eavt line or u id section 361 thence along the east line of said Section 36 S 00"03'09" t: 2; 3,0) feet to the point of beginning, containing 55.003 acree)more or lase. TOOVISBR with any and all _aaements and rigbto-of-way appurtenant to the above- described real proyerty, i,, - tiding, but not limited to the following eaeereatet Basement No. 1. A non-excl is ive easement or right -of -ray for road purposes and for location o: utility linea over, through and across is tract sixty (60) feet in width, being in Section 25, n+'nsbip 8 South, Range 87 Neat of the 6th P.N., the centerline of which is more n•lly described in Book 234 at Page 703 and in Book 245 at Page 195, ritkin coon+; , Colorado, recordal .X IV ��..5 �.'W'�.,.�a..: .... .. ......_r.-_ v .. _.. nnr.r.••r.l,!ms°exv��nn+. ..t�m•:v�wva�v-vav:•s<!'�.� .. k cDOK4�3 r . ma=4I��2 r . 1 •J.Fti,[!: Exhibit A continued i� ...... ..__.-,.._.. c 1 . Y. V Easement No. 2. A non-exclusive easement or right-Of-vay for road purposes and line through and across a tract sixty (60) Cot the loc n of utility over, feet in width, being in Section 25, Township 8 South, Range 87 Neat of the oth ' P.M. granted by that certain Special land Use Permit 0-7694 issued by the Department of Interiors Bureau of Land Management. Easement No. 3. A non-exclusive easement or right-of-vay for road purposes and the locytion of utility linea situated in the North one-half of Section 36, • for Township 8 South, Range 67 Neat of the Sixth principal Meridian, Pitkin County, Colorado. Said easement is 60 feet in widths lying 30 feet on each aide of the following described centerlinet ' Beginning at a ,.Oint whence the north one-quarter corner of said Section 36 bears N 89049'28" E 315.'10 feet) thence S 73039'10" N 24.57 feat) thence 89.52 feet ale to the left having a radius of 81.00 feet) thence 147.23 feet the aro of a curve along the are of a curve to 'he right having a radius of 97.00 feet) thence 125.11 feet along the are of a curve to the left having a radius of 230.00 feet) thence S 66008100" N 82.00 feet{ thence 125.54 feet along the are of a curve to the left having a radius of 95.00 feet; thence S 09035100" E 195.00 feet) thence 206.53 feet along the arc of a curve to the right having a radius of 250.00 feet{ thence to the left having a radius of 250.00 feet) ':. 129.81 feet alon3 the arc of a curve thence S 080OW W' N 128.00 :^e t) thence 316.67 feet along the are of a curve to .. ` the right haviuq a radius of 252.00 feet) thenceS80°00000" N 279.00 feet) thence 148.00 feet) 131.74 feet along the arc of a curve to the left having a radius of • thence S 29°001Q0" N 310.00 set) thane 124.39 feet along the arc of a curve to the left having a radius of 305.00 feet{ thence S 05038'00" N 982.00 feet) thence 111 77.32 feet alone the are of a curve to the left having a radius of 75.00 feet) is thence N 36034' " E 740.00 feet; thence 556.49 feet along the arc of a curve to the right havin:; a radius of 1 030.87 Leet) thence N 52°16'00" E 290.00 feet) thence 245.20 feet 91c.; the are o'curve to the right having a radius of 135.00 feet) thence 362.21 ! •.t along the Ire of a curve to the left having a radius of 400.00 ..i fest; thence It 12 feet a1, ; the are of a curve to the right having a radius of 400.00 feet) tic,,ce 296.34 f' .t along the are of a curve to the left having a left "~= radius of 1100,0D feet) then- 331.61 feet along the are of a curve to the ` having a radius of 1000.00 f. et) thence 107.70 feet along the arc of a curve to the right baviu, a radius of "0.00 feet) thence 220.12 feet along the are of a curve to the ieit having a r 1us of 80.00 feet) thence 241.26 feet along the arc of a curve to t e right bay! a radius of 395.00 feet{ thence 273.44 feet along the are. of a m- 'e to the r t having a ragius of 200.00 feet; thence 91.92 feet •1:>` =1 along the are c, a curve to ..e left baying a radius of 400.00 feet) thence S 80 0000" E 4Q.00 feett a .nce 315.91 feet along the aro of a curve to e right having a r.dius of ion '0 feet) thence N 79°00100" N 305.00 feet) thence ;5=t 524.65 feet ale, , the arc of curve to the left having a radius of 200.00 feet) thence 248.59 f t along the cc of a curve to the right having a radius of 200.00 Cacti the 9f. ;� feet alon the aro of a curve to the right having a radius of 105.00 feet to center or cul-de-sao having a radius of 40.00 tent. ...... ..__.-,.._.. c 1 . Y. V dWea w dw aid b eim;. it W bawl r -. i ';-at'masgt �a C. IRVIN MAR# Cosab at Ni lwaukee aad Mw of I of the Named Pent: Wjr:XiiiiiiMM rod the add pa W at Ws first pro far and % eosddoatim of use seems 1 Ten - tllars and other good and valuable considerations >t� a odd Raab ltlrLmt partfa had pNbl lira saN➢art ies ltbs seeosd part, Wa aadPt wMnef Ll emfawd mad admvttladPd, herb groated, baraaiaed, add and eenvged, sad by thaw PMWAB data FaER k w0,senwyad senate, sate tb adder! its ofthssenoadpavt, their hehw,sdssafgea r. an of the fol awlnt dewued lot or Punt of tend, dtnte, lybw ad beteg in the enb of Pitkin and stab of Colordo, to `rot: SEE ATTACHED EXHIBIT A ATTACHED HERETO AND INCORPORATED HEREIN BY THIS REFERENCE TOG,rrl= with W sad dsgulsa the h.redtbm nm sad apynrteuaaesa thueunto beleA111M, Or to anywiw aPPortti,ft, sad the ranrdm or r'swedosa, remdudsm, rents, haveg and profits thereof; ad all the estate, right, tide. Lntweat, elate, sad demand wh&taoerar of the said party of the first part, either to law or equity, d, is ad to the abort baraoloed premia with the hneditm mwta ad ePPortm,rwe.. To HAVE AND TO HOLD the said Premises short bargained sad described, with the appatteoacen nub the said parties of the weoad pat their heirs ad sWgsa forever. And the maid SECTION 36, INC. party 1 the first paet,lm 1Wf, ad its sseesaeors, doth wym..% [nut. baraatu. and wee to and with the said part ies of the ssemd Part, their befn and sadesa, that at the time of the essediag ad delivery of the" Presents It Is wou a dW of the Premise abore homed, u of a good, sure, Parfeet, absolute sad indefeasible Mate of imb rftanes, in law, to fee dmple, ad bath good right. full Power sad lawful authority to great, bwwsh , wD sad emvey the anus In msooer ad form aforesaid, and that the same are free sad dear free, an former and other grants, bagalw. Was,Hans,taxes, masamoats sod tneumbrsner of wbate vu, laid orsatert soewtr; except the lien for general taxes for 1973; reservations and exceptions as contains in the United States Patent recorded in Book 171 at page 79, Pitkin County, Colorado, records, and the protective covenants recorded in Book 245 at page 146 of such records ad the abort baWs ed premia s te the quiet and peaoeeble posanaim 1 the said Part iee of the aeemd Part the ;rein ad all ad snt) pr+oa ee panne IawAlaD� 141011 ar to aWm the wbeM or ayy the aid pTb oflia llrrt put abaD ad wO 4AKRAA PO a�EI@iD. o Wm=F. The add pally of the fltd part hath Mused its eotpMahe d to be balmisho _st_.l_ r.:•.- ,(r < Pr.ddaa! a a its aoruaraG sad to be hmeanto stated, attested by W Section 36'..IDc.___.,_._.�_,•�_ D oa" y6�+tirttmmt td was admoedgd bloc to this % - - 1 a C. Sabin o 0otmlot.. t, E section 36, -ino.. aYra.. •.G.;�, Wmold aeensrsN. i4sei'lwr C"A'"a-�+�--ig 11.E O Wuaam, may bad sad ofndd SOL - -, m284 eA6e737 1",49C'gION 36, TOWNSHIP 8 SOUTH, .WkRINCIPAL MERIDIAN, PITKIN COUNTY, DESCRIBED AS FOLLOWS: AMER CORNER OF SAID SECTION 36; FEET ALONG THE EAST LINE OF SAID . � *W, 999.90 FEET; .x 1435.00 FEET; `'i 649.00 FEET; 0." W 800.00 FEET; X00" B 222.00 FEET TO THE CENTERLINE OF ASPEN jitE CENTERLINE OF SAID ROAD 298.34 FEET ALONG TO THE LEFT HAVING A RADIUS OF 400.00 FEET %BEARS S 70018'00" E 291.47 FEET; CENTE-PIRLINE OF SAID ROAD 331.61 FEET ALONG THE '$::TO THE LEFT HAVING A RADIUS OF 1000.00 FEET; ;'!RB CENTERLINE OF SAID ROAD 107.70 FEET ALONG 'CURVE TO THE RIGHT HAVING A RADIUS OF 70.00 FEET; 'THE CENTERLINE OF SAID ROAD 220.12 FEET ALONG CURVE TO THE LEFT HAVING A RADIUS OF 80.00 FEET; ,THE CENTERLINE OF SAID ROAD 241.26 FEET ALONG THE B TO THE RIGHT HAVING A RADIUS OF 395.00 FEET; TRE CENTERLINE OF SAID ROAD 273.44 FEET ALONG THE /E TO THE RIGHT HAVING A RADIUS OF 200.00 FEET; THE CENTERLINE OF SAID ROAD 91.92 FEET ALONG THE h TO THE LEFT HAVING A RADIUS OF 400.00 FEET; )0100" E 468.00 FEET ALONG THE CENTERLINE OF SAID THE CENTERLINE OF SAID ROAD 315.91 FEET ALONG THE VE TO THE RIGHT HAVING A RADIUS OF 100.00 FEET; 00100" W 305.00 FEET ALONG THE CENTERLINE OF THE CENTERLINE OF SAID ROAD 524.65 FEET ALONG CURVE TO THE LEFT HAVING A RADIUS OF 200.00 FEET; THE CENTERLINE OF SAID ROAD 248.59 FEET ALONG CURVE TO THE RIGHT HAVING A RADIUS OF 200.00 FEET; '.5'48" E 210.75 FEET; ,4100" E 1240.00 FEET TO A POINT ON THE EAST LINE .QW 36; THE EAST LINE OF SAID SECTION 36 S 00003109" E '0 THE POINT OF BEGINNING, CONTAINING 55.003 ACRES, er, unto the party of the first part; its successors ateee, an easement or right of way over and across he above-described real property situated within as d6peribed below, for a private roadway and for utility linea to be used in common with owners of Y. %3.1 ,ell easements and rights-of-way appurtenant 'deal property, including, but not limited 7w� THENCE 185.82 FEET ALONGTH..ARC OF A CURVE TOTHE HAVING A RADIUS or 4M� - 00' -;THS THENCE 298.34 PERT 'ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 400:00-FEET; THENCE 331.61 FEET ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 1000.00 FEET; THENCE 107.70 FEET ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 70.00 FEET; THEME 220.12 FEET ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 80.00 FEET; THENCE 241.26 FEET ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 395.00 FEET; THENCE 273.44 FEET ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 200.00 FEET; THENCE 91.92 FEET ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 400.00 FEET; THENCE S 80000100" E 468.00 FEET; THENCE 315.91 FEET ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 100.00 FEET; THENCE N 79000'00" W 305.00 FEET; THENCE 524.65 FEET ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 200.00 FEET; THENCE 248.59 FEET ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 200.00 FEET; THENCE 92.70 FEET ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 105.00 FEET TO THE CENTER OF A CUL- DE-SAC HAVING A RADIUS OF 40.00 FEET. CIO 0 A 3 �dl'CtIlltb �CC� L:nutu al, 1�lrn Ln tf�rsr �]rrsrnts,; .:, - P COLORADO ilA. ri- ti,nx, Ix h " d Peel, hare... sell TIMROTH AND ZANA TIMROTH - t P I I A 1 N 'md >tat,- of COLORADO ,the PITKIN- und State of - SF{ of nt and Lhe f of -the SEI, Section 30, Tornship 8 South, " Rxn,:e 't. Meatdf the SifSth Principal Meridian, Pitkin County,, ` CONVENIENCE DE98'a, +vith all its aocotmmaes dl+�ww P y y . Signed .and dehva)ed 1Rfi. � Mf: STATE OF COLORADO i Counly bf. L'FF £.L�PASO STATUTORY ACRNOWLEDGMEN'I) l,gy�ota�.iitatyvmont a�m oxledged befo me DE,ENBER ;9�7 `\ _ of by, _ RQN'A. 71MRQZN v p O A O' WttnMa mT hsnd em1 . commiutoo ER 28, 1971 ) , Q MOTAxY P11xLlt 1 "b'== ef tl. tj&e q , 75e f10tiY.VE4MC75TA1.E Co m '. F• i Md+Coh+da Emd IM IDsaw> > atf3ln �,ro Olololi y�yy,�d�MrFa!I�M Mo. s;.:Aoi+XMAI M�"'rrar m>.� �+� b Ia4cTwxf. ,z Tarrant)) 743eea lr i bif t1ecl�Jrr�rnts. ROK1. IIA1HC11' ',\❑ �4tia 11n'RC111 PI IKI\ I+It `11 I'I X11\ I' :f Gtr and iLe fr of for �t �„ :ec>-inn 2: to �Ip rir Knnm• `1. l,esf of the -i�rh I`ri nc iP,+l Fell dr"n, :olora,M. ;I,\I,I[\I'1 I`tf I` - '.f itl\I\III 'R F I> t>I ..II l ltl l` CiIil:A 1) 000110 iw-m R1K f. I Iti", �b ,. 'h`YI t'Ff 1+ I�' I. PUBLIC NOTICE RE: McBride Special Review for Limited Development Conservation Parcel TDRs (CASE# P076-14; PID 2467-311-00-007) NOTICE IS HEREBY GIVEN that a public hearing will be held on Wednesday, October 22, 2014 at a regular meeting to begin at 12:00 PM or as soon thereafter as the conduct of business allows, before the Board of County Commissioners, Rio Grande Conference Room, 455 Rio Grande Place, Aspen to consider an application submitted by John P McBride Jr. and Peter McBride (1720 South Bellame, Suite 9405, Denver, CO 80222) requesting to sever TDRs from a parcel on which no further development is proposed. The property is located on East Sopris Creek Road and is legally described as a parcel of land in Section 31, Township 8 South, Range 86 West of the 6`h P.M. The State Parcel Identification for this property is 2467-311-00-007. The application/resolution are available for public inspection in the Community Development Department, City Hall, 130 S. Galena St., Aspen CO 81611. Comments or objections due by October 22, 2014. For further information, contact Suzanne Wolff at (970) 920- 5093. Jeanette Jones, Deputy County Clerk Board of County Commissioners Published in the Aspen Times Weekly on September 18, 2014. Attention Applicant/Representative: It is your responsibility to do the following: 1. Mail this Public Notice to all property owners and mineral estate owners within 300' of the subject property at least 30 days prior to the hearing with the return address of the Community Development Department. The names and addresses shall be those on the current tax records of Pitkin County as they appeared no more than 60 days prior to the date of the public hearing 2. Submit the Affidavit of Notice by Posting & Mailing (previously sent to you with your applicant letter) as proof of compliance with the Code at the hearing. 3. Pick up Public Notice sign from the Pitkin County Community Development Department, 130 South Galena Street, Aspen, CO (970) 920-5526 4. Post the Public Notice sign on the property at least fifteen days (15) prior to the hearing 5. Remove the Public Notice sign within one week after hearing date http•//www aspenl)itkin com/Portals/0/docs/county/Com%2ODev/PlanninWLand Use Applications/P076 14 app.pdf County of Pitkin } AFFIDAVIT OF NOTICE & SS. MAILING PURSUANT TO State of Colorado } PITKIN COUNTY LAND USE CODE SECTION 2-20-100 I, -JONtJ P McOkibz , being or representing an Applicant to the Pitkin County Development Department, personally certify that I have complied with the public notice requirements pursuant to Section 2-20-100 of the Pitkin County Land Use Regulations in the following manner: L By mailing -of notice, a copy of which is attached hereto, by first-class, postage prepaid U.S. Mail at least 30 days poor to -die public hearing to all owners of property within 300' to the subject property, as indicated on the attache3 fist_un the day of , 201_ (which is _ days prior to the public bearing date of_ . es and addresses of the adjacent property owners shall be those on the current tax records of Pitkin Cou s they appeared no more than 60 days prior to the publi ring. , 2. By mailing of notice, a copy of which is attached hereto, by first-class, postage prepaid U.S. Mail at least 30 days prior to the p hearing to the owner(s) of the mineral estate underneath the subject property, as indicated on the attache on the day of , 201 (which is _ days prior to the public hearing date of . 'Phe na and addresses of the mineral estate owners shall be those cia the current tax records of Pitkin County as pcared no more than 60 days prior to theptiblic hearing. By posting a sign in a egyspicuous place on the subject property (as it could be seen from the nearest public way) on the _�S' day of(U�t _, 201, which is at least fifteen (15) days prior to the public hearing. A photograph of the posted sign is attached hereto. Applicant's name (Attach photograph here) G:\W,ay1Z4MiiiV0=s%ffi4avit 4-s Si�ature I Signed before me this �iday of A) Ji _ 2014 by �c�n F h"7t �jnz/f WITNESS MY HAND AND OFFICIAL SEAL My commission expires: 8%2C/ I-4 M'(tar/ S. Notary Public Notary Public's Signature M OLMES ')10-37557a A 28,2017 1 -H tO, r County of Pitkin } AFFIDAVIT OF NOTICE & car t c P } ss. MAILING PURSUANT TO State of Colorado } PITKIN COUNTY LAND USE f',-X,t_ G CODE SECTION 2-20-100 r t N"�0fi-. 1, G 1-e- y-, Y-\ being or representing an Applicant to the Pitkin County Development Permit, personally certify that I have complied with the public notice requirements pursuant to Section 2-20-100 of the Pitkin County Land Use Regulations ,n the following manner: By mailing of notice, a copy of which is attached hereto, by first-class, postage prepaid U.S. Mail at least 30 days prior to the public hearing to all owners of property within 300' to the subject property, as indicated on the attached list, on the i day of S< r 2001gwhich is 'days prior to the public hearing date of The names and addresses of the adjacent property owners shall be those on the current tax records of Pitkin County as they appeared no more than 60 days prior to the public hearing. 2. By mailing of ice, a copy of which is attached hereto, by fir class, postage prepaid .S. Mail at least 30 day rior to the public heari to the owner(s) o e mineral estate unde ath the subject property, s indicated on the attac list, on the y of 200_ ( ich is _days prior to the bhe hearing date of The na and addresses of the eral estate owners shall be se on the current tax cords of Pitkin C unty as they appeared n more than 60 days prior to the public hearing. 3.\' By posting a sign in a conspicuous place on the subject property (as it could be seen from the nearest S --j public way) on the day of , 200, which is at least fifteen (15) days prior to the F!-tdgd'iublic hearing. A photograph of the posted sign is a ached hereto. icl✓�^ /Applicant' -name Signature (Attach photograph here) % f2 r,.,((, �Jh� IML rt 4(f T 4 county adinudonnsatlidavit 1 0-� y Signed before me this V day of Cf 20*y WITNESS MY HAND ANDff FI IAL SEAL My commission expires: / PUBLIC NOTICE RE: McBride Special Review for Limited Development Conservation Parcel TDRs (CASE# P076-14; PID 2467-311-00-007) NOTICE IS HEREBY GIVEN that a public hearing will be held on Wednesday, October 22, 2014 at a regular meeting to begin at 12:00 PM or as soon thereafter as the conduct of business allows, before the Board of County Commissioners, Rio Grande Conference Room, 455 Rio Grande Place, Aspen to consider an application submitted by John P McBride Jr. and Peter McBride (1720 South Bellame, Suite #405, Denver, CO 80222) requesting to sever TDRs from a parcel on which no further development is proposed. The property is located on East Sopris Creek Road and is legally described as a parcel of land in Section 31, Township 8 South, Range 86 West of the 6`h P.M. The State Parcel Identification for this property is 2467-311-00-007. The application/resolution are available for public inspection in the Community Development Department, City Hall, 130 S. Galena St., Aspen CO 81611. Comments or objections due by October 22, 2014. For further information, contact Suzanne Wolff at (970) 920- 5093. Jeanette Jones, Deputy County Clerk Board of County Commissioners Published in the Aspen Times Weekly on September 18, 2014. Attention Applicant/Representative: It is your responsibility to do the following: 1. Mail this Public Notice to all property owners and mineral estate owners within 300' of the subject property at least 30 days prior to the hearing with the return address of the Community Development Department. The names and addresses shall be those on the current tax records of Pitkin County as they appeared no more than 60 days prior to the date of the public hearing 2. Submit the Affidavit of Notice by Posting & Mailing (previously sent to you with your applicant letter) as proof of compliance with the Code at the hearing. 3. Pick up Public Notice sign from the Pitkin County Community Development Department, 130 South Galena Street, Aspen, CO (970) 920-5526 4. Post the Public Notice sign on the property at least fifteen days (15) prior to the hearing 5. Remove the Public Notice sign within one week after hearing date http://www aspenpitkin com/Portals/0/docs/county/Com%2ODev/Planning/Land Use Applications/P076 14 app.pdf Jse Avery® Template 51600 ROWN LWAVID A O BOX 1303 ASALT, CO 81621 OT 11 SOPRIS CREEK LLC 651 BEAR RIDGE RD iASALT, CO 81621 ILM 10 BOX 1009 'LENWOOD SPRINGS, CO 81602 Feed Paper expose Pop-up Cage '— EAST SOPRIS LLC PO BOX 190 SNOWMASS, CO 81654 SCHOELLKOPF WALTER H PO BOX 188 SNOWMASS, CO 81654 v A GOODING ALEXANDER RYAN 8 REBECCA BRUNSON 4707 BEAR RIDGE RD BASALT, CO 81621 SPENCER PAUL W 5000 BEAR RIDGE RD BASALT, CO 81621-9286 ftiquettes faciles3peter �_A,_ Repliez3lahachure afinde; www.avervcom b LL 2 ri H 2 H =rn O m = nl ri r.. zHm w _ m =M11 wma I N mDz Ip N = ir-i m = OITO Y x m.�m q oinm m �G .T Z `d E)a O �a >�m a- 1 a�os N v'.S —G M m h 171 m = ul In r,. N - � a - I \ g, Y tom mm3 00 Oo 00 U TJ Z 0 U) O O m m 0 N C) 0 J v, 0 3 CD ) 5 m Co co CD 77. c a n' PITKIN COUNTY COMMUNITY DEVELOPMENT DEPARTMENT 130 S. Galena Street Aspen, Colorado 81611 (970) 920-5526 FAX # (970) 920-5439 September 10, 2014 Glenn Horn 215 South Monarch Street, Suite #104 Aspen, Co 81611 ghom@rof.net Re: McBride Special Review for Limited Development Conservation Parcel TDRs (PID 2467-311-00-007: Case P076-14) Dear Mr. Horn: The Planning Office has completed its preliminary review of the captioned application. We have determined that this application is complete. After a more detailed review of the submittal information, additional information specific to the application may be requested in order to adequately review and process the application. The planner in charge of the review will request the information from you directly. We have scheduled this application for review at a public hearing by the Board of County Commissioners on Wednesday, October 22, 2014 at a meeting to begin at 12:00 P.M. in the Rio Grande Conference Room, Aspen. Should this date be inconvenient for you, please contact me within 3 working days of the date of this letter. After that the agenda date will be considered final and changes to the schedule or tabling of the application will only be allowed for unavoidable technical problems. The Friday before the meeting date, we will call to inform you that a copy of the memo pertaining to the application is available at the Planning Office. Please note that it is your responsibility to post a public notice sign on the property at least fifteen days prior to the hearing (and remove it within one week after) and to mail notice to all property owners and mineral estate owners within 300' of the subject property at least 30 days prior to the hearing with the return address of the Community Development Department (copy of notice will be sent to you by the Community Development Department). The names and addresses shall be those on the current tax records of Pitkin County as they appeared no more than 60 days prior to the date of the public hearing. Please submit the enclosed Affidavit of Notice by Posting & Mailing as proof of compliance with the Code at the hearing. If you have any questions, please call Suzanne Wolff, the planner assigned to your case, at 920-5093. Sincerely, Bonnie Shiles Administrative Assistant Enc]: Affidavit of Notice (Code Section 2-20-100) PITKIN COUNTY COMMUNITY DEVELOPMENT DEPARTMENT 130 South Galena Street Aspen, Colorado 81611 Phone (970) 920-5526 FAX (970) 920-5439 MEMORANDUM TO: Emma Caucus Pitkin County Open Space & Trails FROM: Suzanne Wolff, Community Development Department Suzanne wolffZi5pitkincounty com RE: McBride Special Review for Limited Development Conservation Parcel TDRs (CASE P076-14; PID 2467-311-00-007) DATE: September 10, 2014 Attached for your review are materials for an application submitted by John McBride Jr. The Board of County Commissioners will review the application on Wednesday, October 22, 2014. Please return your comments to me by Friday, October 3, 2014. http*//www aspenpitkin.com/PortaIs/O/docs/county/Com%20Dev/Planning/Land Use Applications/P076 14 app.pdf Thank you. dank you, Bonnie SYiffes Administrative Assistant to Planning And Zoning Pitkin County Community Development 130 South Galena St, 3rd Floor Aspen, CO 81611 Phone: 970-920-5109 Bonnie Waechtler(a pitkincounty com Please note Pitkin County email addresses have changed. Please change your contact list to reflect my new address. Thank your EMMA CAUCUS P.O. Box 1405 Basalt, CO 81621 (970) 927-3462 emmacaucus n cmail.com MEMORANDUM TO: Suzanne Wolff, Community Development Department FROM: Emma Caucus RE: McBride Special Review for Limited Development Conservation Parcel TDRs (CASE P076-14; PID 2467-311-00-007) Date: October 13, 2014 The Caucus received information on the above request from the County via email on September 10, 2014. The applicant is requesting Special Review approval for a Limited Development Conservation Parcel containing 635 acres +/- located off East Sopris Creek Road. Approval would grant 31 TDR's to the owner in exchange for the Limited Development designation. The application was forwarded to Caucus members by email on the same day. Comments: The subject property is described as a vacant parcel that is adjacent to the Timroth and Gina properties among others in the Emma Caucus area, but the subject property itself is not included in the Emma Caucus area, nor is it included in the Sno-Cap Caucus area. It is zone RR- Rural and Remote, which qualifies it for Limited Development Conservation. Responses from the Caucus were generally favorable as long as the request complies with all zoning regulations; however, several questions arose upon review of this application: The Emma Caucus, Snowmass-Capitol and Crystal River Caucuses are all currently in the process of updating their Master Plans. The County should work with these Caucuses to assure that each Caucus area is mapped so that all properties between them, including those zoned Rural and Remote, are included and protected by one of these Caucuses. The Land Use Code has recently been changed with regard to the number of TDRs issued for this type of property, but the McBride application was filed prior to the Code change. The revised Code would allow 18 TDRs while the previous version allowed 31 TDRs. The cut off was a parcel containing 640 acres, with 1 TDR allowed per 35 acres versus 1/20 acres for parcels smaller than 640 acres. The Caucus assumes the County has approved a survey by a duly I C)� Z - 000U -OD Z licensed surveyor acceptable to the County that certifies the subject property has fewer than 640 acres. The application describes the property as vacant and states several times that "no development is proposed for this property" yet the Code allows unlimited agricultural buildings and a caretaker unit on Limited Development Conservation parcels. While the Emma Master Plan supports traditional agricultural uses in the Caucus area, there is concern at this time about Marijuana grow sites and whether this use should be considered agricultural. If the maximum number of TDRs is to be granted as requested by this application, the Caucus would expect the property to remain vacant (all building rights extinguished) and not suitable as a marijuana grow site. This should at least be part of the negotiation with respect to the number of TDRs granted. In addition, the approval ordinance should specifically state either "no development is allowed" on this parcel or specifically state whatever is allowed, including the size allowed (CDU, barns, etc.) In addition, a vesting period for the construction of any buildings (if allowed) might be appropriate. Consensus: The Emma Caucus strongly supports the transfer of growth from rural areas to sites where development is more appropriate. Our concerns range from the protection of wildlife habitat and wildfire mitigation to traffic impacts along our narrow winding roads. In fact, the Caucus has opposed the paving of the unpaved section of East Sopris Creek Road near the access to the subject property. For all of these reasons, we support this request to prohibit development of this property in exchange for TDRs, but are also concerned should this approval encourage increased agricultural use that might result in other negative impacts. If the application as proposed meets all requirements of the Code, the Emma Caucus supports this request, subject to the Comments and Concerns listed above. Thank you for the opportunity to review this application. 06U,00? PITKIN *LINTY COMMUNITY DEVEL40MENT Permit Receipt RECEIPT NUMBER 00036709 Name: The Aspen Business Date:9/4/2014 Project Address: 0 E SOPRIS CREEK RD Type: check #23977 Permit Number Fee Description Amount 0076.2014.PLAN PP- Flat Fee 1,872.00 0076.2014.PLAN PP- Clerk Fee 375.00 0076.2014.PLAN PP- Public Notice Fee 54.00 Total: 2,301.00