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HomeMy WebLinkAboutpitkin.planning.264321200851 (2015)DOCUMENT 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 Parcel ID: 2643-21-2-00-851 Application Date: 9/17/15 Description: Cozy Point Ranch Location and Extent Review Project Address: 220 JUNIPER HILL RD, ASPEN, CO 81611 Property Owner: CITY OF ASPEN Address: 130 S GALENA ASPEN, CO 81611 Owner's REP: EVAN PLETCHER Address: 130 S GALENA ST ASPEN, CO 81611 REP's Email: Case No: P069-15 Planner: Mike Kraemer # Copies: 1 Allocated Hours: 3 % Over Hours: 4 Owner Phone: REP's Phone: (970) 429-1779 Referrals: EH & NR REFERRAL Other Referrals: Building Official ZONING REFERRAL Brush Creek Metro/HOA ALL OTHER REFERRALS Comments Due Date: 10/30/2015 Meetings: 7st Meeting: Meeting Date: 11/10/2015 Review Body: p&z Public Hearing? yes Notice Date: 10/08/2015 Meeting Notes: 2nd Meeting: 3rd Meeting: Approvals: BOCC Resolution #: P&Z Determination #: 006-2015 #626132 BOCC Ordinance #: HO Determination #: Admin Determination #: Other Information: VR Approval Date: Plat Recorded Date: VR Expires Date: Plat (Bk, PG): n/a Remarks: no vesting Application Type: DECISIONS RECEPTION#: 626132, 01/06/2016 at 09:28:39 AM, 1 OF 3, R $0.00 Doc Code RESOLUTION Janice K. Vos Caudill, Pitkin County, CO RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF PITKIN COUNTY, COLORADO, FINDING THE COZY POINT RANCH LOCATION AND EXTENT REVIEW IN CONFORMANCE WITH THE 2003 BRUSH CREEK MASTER PLAN Resolution No. PZ- LD -2015 RECITALS 1. Cozy Point Ranch through the City of Aspen (hereafter referred to as the "Applicant') has applied to the Planning and Zoning Commission of Pitkin County ("Planning Commission') to obtain approval for Location and Extent Review to legalize two (2) dwelling units: one (1) within the main bam riding arena, and (1) one within the machine shop/workshop. 2. The main property is described as Cozy Point Ranch, 220 Juniper Hill Road, and is legally described in Attachment A. PID#: 264321200851. The two (2) units subject to this request are addressed as 210 Juniper Hill Road and 34702 Hwy 82. 3. Pursuant to C.R.S 30-28-110(1), and Land Use Code Section 2-30-30(h)(10), the Planning Commission finds that Location and Extent Review for the dwelling units is the only applicable review for the proposal, and that the proposal is consistent with the applicable Brush Creek Master Plan. 4. The Planning Commission reviewed the application at a duly noticed public hearing on November 10, 2015 at which time evidence and testimony were presented with respect to this application. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission hereby finds that the Cozy Point Ranch Location and Extent Review is in conformance with the 2003 Brush Creek Master Plan subject to the following conditions: The Applicant shall adhere to all material representations made during the application process or in public meetings or hearings and shall consider those representations to be conditions of approval. 2. Within 30 days of this approval, the Applicant shall file for building permits for necessary life/safety upgrades for the dwelling units and perform the upgrades. 3. Failure to comply with these conditions of approval may result in revocation of this permit or any subsequent permits related to this property or vested rights associated with this property. Resolution No. PZ- `-2015 Page 2 NOTICE OF THE PUBLIC HEARING PUBLISHED IN THE ASPEN TIMES WEEKLY ON THE 4'" DAY OF JULY 2013. FOUND IN CONFORMANCE WITH THE 2003 BRUSH CREEK MASTER PLAN by the Planning Commission this 101 Day of November, 2015. PLANNING AND ZONING COMMISSION OF PITKIN COUNTY, COLORADO Mirte Mallory, Chair Date ATTEST: 60nnti "e4ef- Bonnie Waechtler, Administrative Assistant zziis APPROVED AS TO FORM: APPROVED AS TO CONTENT: PID 264321200851 Ct Awco...t " Lqifiay frouben, C-67fimunity Development Director Resolution No. PZ- _LP__ -2015 Page 3 Attachment A Legal Description Section: 16 Township: 9 Range: 85 COZY POINT RANCH PARCEL OF LAND IN SEC 16 & 21-9-85 STAFF MEMO I01316CC117101111luI TO: Pitkin County Planning and Zoning Commission FROM: Mike Kraemer, Planner/�/C RE: Cozy Point Ranch - Location and Extent Review DATE: November 10'", 2015 SUMMARY OF REQUEST: The Applicant is requesting Location and Extent Review approval to legalize two dwelling units on the City of Aspen owned Cozy Point Property. OWNER: City of Aspen LOCATION: Cozy Point Ranch, 220 Juniper Hill Road. PID#: 264321200851. ZONING: AR -10 EXISTING CONDITIONS/BACKGROUND: Cozy Point Ranch is a 168 acre property that is owned by the City of Aspen. The Ranch is located on the south/west side of Hwy 82 and is accessed by a separate driveway and Juniper Hill Road. The Applicant uses the property for hay production, employee housing, grazing, horse operations, food production, and archery. The following page contains an aerial map of the ranch buildings and locations of the subject dwelling units. PROPOSAL: The Applicant has requested Location and Extent Review under the 2003 Brush Creek Master Plan to legalize 2 separate dwelling units. The I" dwelling unit is located within the large barn/riding arena and consists of a 2 bedroom unit within the stable complex. The unit has been addressed at 210 Juniper Hill Road. The 2nd unit is located within a workshop/machine shop and consists of a 3 bedroom unit. The unit has been addressed at 34702 Hwy 82. It is evident that both dwelling units are old and Staff has not found issuance of building permits for their construction. Both dwelling units house workers of Cozy Point Ranch. The Applicant would like to upgrade the units and receive building permits prior to work commencing. Because the units have not been formally legalized, Location and Extent review is needed prior to submittal of permits. /ofd [Lteq=endWJE D. emg ,H - Of a a s ne g en C Dwelling unit inside wort hap r mac^ PROCEDURE/PROCESS: C.R.S 30-28-110(1) provides that the Planning Commission shall review the location and extent of public projects proposed by a governmental entity in the unincorporated area of the County for conformance with the applicable comprehensive plan or master plan. The Planning Commission's action on a Location and Extent proposal is essentially "advisory", as disapproval may be overruled by the governmental jurisdiction making the proposal. REFERRAL COMMENTS: The application was referred to the Environmental Health Department and Brush Creek Metro District/HOA. Staff received verbal comments from the Brush Creek Metro District who stated that they have no issues with the proposal. EH comments are described below. STAFF COMMENTS: The Brush Creek Master Plan is the applicable Master Plan for the purpose of this review. The Applicant has not addressed the Master Plan in the application, however Staff will address it below. 2 la Pages 7 and 8 of the Brush Creek Master Plan offer an existing conditions report pertaining to Cozy Point Ranch. The Plan states: "Cozy Point Cozy Point is located at the northwest corner of the intersection of Highway 82 and Brush Creek Road, approximately 1.2 miles from the north end of the Airport runway. The Cory Point Ranch was purchased by the City of Aspen with a combination of Open Space and Housing funds. Since its purchase, the property has been used as an equestrian facility and has Brush Creek Master Plan 8 been considered for affordable housing. This property is outside the Urban Growth Boundary delineated in the 2000 AACP Update. The 2000 AACP Update discourages development, especially large scale or higher density development, outside of the UGB. In addition, there is no City of Aspen water or sewer currently available to this site. The property has been placed in a conservation easement which limits future uses of the property to recreational and open space uses and allows the construction of one additional agricultural structure and one additional housing unit associated with the operation of the facility. There are three housing units on the property, a barn and other ranch related structures, all of which are original to the property. The houses have been deed restricted as affordable housing and are to be used only for employees associated with the ranch. Three historic structures have recently been relocated to Cozy Point from other areas in the valley. They will not be used for housing. " This statement indicates that there are only 3 existing dwelling units on the property with the ability for Cozy Point to construct one additional unit. Staff's site visit conducted on November 2nd, 2015 showed that there are a total of 4 dwelling units on Cozy Point currently and there is not the ability to add additional units at this time. The units all house employees of the Ranch. The Brush Creek Master Plan has a dedicated affordable housing subsection starting on Page 20. This subsection acknowledges that affordable/citizen housing in the Brush Creek planning area and states the following: "Existing Conditions: There are caretaker and accessory dwelling units scattered throughout the planning area. The Pitkin County Land Use Policy Guidelines note the following regarding citizen housing: "Citizen housing outside of the urban growth boundaries is only acceptable where the densities are appropriate for the surrounding area, and where such development is containable. Caretaker or employee dwelling units may be acceptable uses in a rural environment. " The Policy Guidelines are currently reflected in the land use patterns of the Brush Creek planning area in that existing affordable housing is dispersed to reflect the densities in the area 3 Objective: To the extent possible, develop affordable housing within the Urban Growth Boundary area in the County. Allow citizen housing to be considered in the Brush Creek area only under circumstances where densities are appropriate for the surrounding mea, and where such development is containable. Caretaker or employee dwelling units may be acceptable uses in the area. The two (2) current dwelling units are within structures that have existed for quite some time. Both the riding arena and the machine shop/workshop pre -date 1990 and updating of the units would only occur if approval is granted. No new development is proposed at this time. This proposal can be considered consistent with these aspects of the Brush Creek Plan. The dwelling units are located within existing structures and no new development is proposed. The units are also required to be rented to employees of the Ranch and it is evident that this is occurring. The Plan also states that 4 housing units are allowed on the Cozy Point property and Staff has witnessed this amount. Staff feels that proposal is consistent with the Brush Creek Master Plan. SEPTIC and LEGAL WATER SUPPLY: Environmental Health has researched the septic field and tanks for both of the dwelling units. Both of the units have septic fields and tanks that were installed in 2004 and 2007 and are supposedly fully operational. The Applicant has also provided the main well permit for the Cozy Point Ranch issued from the State Engineers Office. The permit states that the ranch has a legal well for up to eight (8) housing units on the property. BUIIAING CODE COMPLIANCE: The site visit indicated that there are 2009 International Residential Code standards that need to be completed in order to make the units safe for the its occupants. Specifically but not limited to, smoke detectors/carbon monoxide detectors need to be installed and firewall separation needs to be constructed. These items can be accomplished with a building permit. Staff recommends that if approval is granted, this safety updates need to be applied for with the Pitkin County Building Department within 30 days. RECOMMENDATION: Staff recommends that the Planning Commission approve the Location and Extent review for the Cozy Point Ranch proposal and find Master Plan, subject to the attached draft Resolution. Application provided separately I-/ 4 in conformance with the 2003 Brush Creek RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF PITKIN COUNTY, COLORADO, FINDING THE COZY POINT RANCH LOCATION AND EXTENT REVIEW IN CONFORMANCE WITH THE 2003 BRUSH CREEK MASTER PLAN Resolution No. PZ- -2015 RECITALS 1. Cozy Point Ranch through the City of Aspen (hereafter referred to as the "Applicant') has applied to the Planning and Zoning Commission of Pitkin County ("Planning Commission") to obtain approval for Location and Extent Review to legalize two (2) dwelling units: one (1) within the main barn riding arena, and (1) one within the machine shop/workshop. 2. The main property is described as Cozy Point Ranch, 220 Juniper Hill Road, and is legally described in Attachment A. PID#: 264321200851. The two (2) units subject to this request are addressed as 210 Juniper Hill Road and 34702 Hwy 82. 3. Pursuant to C.R.S 30-28-110(1), and Land Use Code Section 2-30-30(h)(10), the Planning Commission finds that Location and Extent Review for the dwelling units is the only applicable review for the proposal, and that the proposal is consistent with the applicable Brush Creek Master Plan. 4. The Planning Commission reviewed the application at a duly noticed public hearing on November 101, 2015 at which time evidence and testimony were presented with respect to this application. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission hereby finds that the Cozy Point Ranch Location and Extent Review is in conformance with the 2003 Brush Creek Master Plan subject to the following conditions: 1. The Applicant shall adhere to all material representations made during the application process or in public meetings or hearings and shall consider those representations to be conditions of approval. 2. Within 30 days of this approval, the Applicant shall file for building permits for necessary life/safety upgrades for the dwelling units and perform the upgrades. 3. Failure to comply with these conditions of approval may result in revocation of this permit or any subsequent permits related to this property or vested rights associated with this property. Resolution No. PZ- -2015 Page 2 NOTICE OF THE PUBLIC HEARING PUBLISHED IN THE ASPEN TIMES WEEKLY ON THE 4h DAY OF JULY 2013. FOUND IN CONFORMANCE WITH THE 2003 BRUSH CREEK MASTER PLAN by the Planning Commission this 101 Day of November, 2015. ATTEST: Bonnie Waechtler, Administrative Assistant APPROVED AS TO FORM: John Ely, County Attorney P069-15 PID 264321200851 zD PLANNING AND ZONING COMMISSION OF PITRIN COUNTY, COLORADO Mirte Mallory, Char Date APPROVED AS TO CONTENT: Cindy Houben, Community Development Director Resolution No. PZ- -2015 Page 3 Attachment A Legal Description Section: 16 Township: 9 Range: 85 COZY POINT RANCH PARCEL OF LAND IN SEC 16 & 21-9-85 APPLICATION MATERIAL C� THE CITY OF ASPEN Capital Asset Department September 14, 2015 Pitkin County Community Development Department Dear Planning and Zoning Commission, The City of Aspen has been making an effort to add necessary life safety upgrades to each of the living dwellings it owns on the Cozy Point property in the summer of 2015. Along the way it was discovered that the following two units are not currently designated as legal dwellings according to the records of Pitkin County. The addresses of these two units are: 210 Juniper Hill Dr (Bachelor Quarters) 34702 Hwy 82 (Home #2) Currently the two dwellings are occupied and have been brought up to current Pitkin County electrical and plumbing code. The two dwellings do not currently have a code certified fire separation wall separating them from the indoor horse arena, and work shop respectively. The City of Aspen requests that the Pitkin County Planning and Zoning Commission allows these two dwellings to be re -designated as legal living dwellings so that the City of Aspen can complete all life safety changes and the current ranch employee tenants can have a safe and convenient living situation. Thank you for your time in considering this request. Sincerdy- 4A�-- Evan Pletcher 130 SOUTH GALENA STREEr 'ASPEN, COLORADO 81611-1975 PHONE 970.429.1779 TAX 970.544.5378 'WEB www.aspmVitkin.com OO O O O 1 n Evan Pletcher, Project Engineer • Cell 987.0208 • evan.pletcher®cityofaspen.com l^, Recordied at 3750 63 P-518 10/07/94 12r53P PG 1n'eIock OF 4 SILVIR DAVIS PITKIN COUNTY CLERK R RECORDER RECORDING REQUESTED BY: WHEN RECORDED RETURN TO: John P. Worcester, Esquire City Attorney The City of Aspen 130 South Galena Stmt Aspen, Colorado 81611 M. REC DOC NL 20.00 50.00 Daly Construction, Inc., a Colorado Corporation as Grantor(s), for TEN DOLLARS ($10.00) and other good and valuable consideration, in hand paid, hereby sells and conveys to The City of Aspen, as Grantee(s), whose address is 130 South Galena Street, Aspen, Colorado 81611, the following real property in the County of Pitkin, State of Colorado; to wit: That certain nal property described on Exhibit "A" attached hereto and made a part hereof. with all its appurtenances and warrants title to the same SUBJECT TO AND EXCEPTING: 1. Taxes for the year 19.94 due and payable in 1995 and all subsequent years not yet due or payable. 2. Those certain exceptions enumerated on Exhibit "B" attached hereto and made a part hereof. Signed this 6th day of October, 1994. .......... Cary Daly Construction, Inc., a Colorado Corporation t7p S � A r 'a .. Thomas J. Daly, estd STATE OF COLORADO ) ) ss. COUNTY OF PITKIN ) ,L The foregoing General Warranty Deed was acknowledged before me this J_ day of October, 1994 by Thomas J. Daly as President of Daly Construction, Inc., a Colorado Corporation. Witness my hand and official seal. My commission expires: Il lq[g5 c:�n2Wareouleaam4.. IS 000002 375046 B-763 P-519 10/07/94 12:53P PS 2 OF 4 EXHIBIT A A parcel of land situated in Sections 16 and 21, Township 9 South, Range 85 West of the 6th P.M. being a portion of the Cozy Point Ranch as described in Book 690 at Page 5 of the Pitkin County records described as follows: Beginning at a point on the Westerly boundary of the Dedicated Open Space Parcel of the Cozy Point Ridge Subdivision recorded in Plat Book 22 at Page 26 of the Pitkin County records whence the Northwest corner of Section 16 (1913.Brass Cap) bears N 20°21'49" W 502.66 feet; thence N 69023'59" E 674.16 feet to the Northwesterly right of way of Colorado State Highway No. 82; thence Southerly along the Westerly right of way of Colorado State Highway No. 82 as described in Book 157 at Pages 538, 539 & 540 and Book 575 at Page 976 as follows: S 41033137" E 395.21 feet; 591.57 feet along the arc of a curve to the right whose radius is 1,382.50 feet (chord bears S 29°18107" E 587.07 feet); S 17"02137" E. 1,360.80 feet; 130.20 feet along the arc of a curve to the right whose radius is 2,815.00 feet (chord bears S 15"43107" E 130.19 feet); S 14023137" E 2,435.30 feet; 131.14 feet along an arc of a curve to the left whose radius is 5,780.00 feet (chord bears S 15002137" E 131.14 feet); S 15040145" E 912.95 feet; S 74021' W 20.0 feet; S 02047' W 63.2 feet; S 15"39' E 50.0 feet; S 64°28'14" E 53:22 feet; S 15"40145" E 2,039.41 feet; S 15"41'37" E 2,084.63 feet to the Northerly right of way of Brush Creek .County Road; thence Westerly along the Northerly right of way of Brush Creek County Road as follows: S 43°43117" W 116.15 feet; S 73"32100" W 145.71 feet; 404.44 feet along an are of a curve to the left whose radius is 1,005.70 feet (chord bears S 62000146" W 401.72 feet; thence N 19044' W 38.62 feet to the Southeast corner of Brush Creek Village Subdivision Filing 2 as Platted; thence Northerly along the Easterly line of Brush Creek Village Subdivision Filing 2 as Platted as follows: N 19"44' W 390.00 feet; N 3102$' W 732.00 feet; N 24"00' W 1,831.29 feet; N 6405$' W 340.50 feet to the Easterly line of the Elay Parcel described in Book 228 at Page 599 of the Pitkin County Records; thence Northerly along the Easterly line of said Elay Parcel as follows: N 25"48-20" E 153.17 feet; 370.63 feet along an arc of a curve to the left whose radius is 531.95 feet (chord bears N 05"50156" E 363.18 feet); 197.92 feet along an arc of a curve to the right whose radius is 630.00 feet (chord bears N 05006140" W 197.11 feet); N 03"53120" E 576.86 feet; .. thence N 07"01'32" W 1,942.73 feet to the Westerly line of the Dedicated Open Space Easement of the Cozy Point Ridge Subdivision; thence N 20"21149" W 3,989.84 feet along the Easterly line of said Open Space Easement to the point of beginning. COUNTY OF PITKIN, STATE OF COLORADO. 000003 i T 1 EXHIBIT "B" 1. Taxes for the year 1994 not yet due or payable. ut 2. Reservations and exceptions as contained in Patents issued by the P United States of America and the State of Colorado. 3. Right of Way for gas pipeline and appurtenances granted to Rocky m Mountain Natural Gas Company, Inc., by Deed recorded October 19, 1961 J in Book 195 at Page 444, s' w 4. An undivided 1/2 of all minerals in a portion of the subject property v reserved by Robert M. Burlingame in instrument recorded August 26, 1959 in Book 186 at Page 390. N NOTE: By instrument recorded December 10, 1965 in Book 217 at Page 352, the said Robert M. Burlingame relinquished any right to enter m upon the surface of the land which is subject of said mineral B reservations. 5. One -Eighth oil royalty in a portion of subject property as reserved to r Robert W. Sanders and Zella J. Sanders in Deed recorded April 15, 1949 in Book 166 at Page 576. ro •• N W 6. Right of way for communication systems granted to the Mountain States Telephone and Telegraph Company by instrument recorded June 2, 1967 in M Book 227 at Page 254. W 7. Easement for an electric transmission or distribution line or system granted to Holy Cross Electric Association, Inc., as set forth in o Right of Way Easement recorded February 25, 1972 in Book 261 at Page T 595. r 8. Easement for an underground electric line(s) granted to Holy Cross Electric Association, Inc., as set forth in Underground Right of Way and Easement recorded February 25, 1972 in Book 261 at Page 596. 9. Terms, conditions, restrictions, reservations, provisions and obligations as set forth in Mutual Easement Agreement recorded in Book 602 at Page 78, 10.. Terms, conditions, restrictions, reservations, provisions and obligations as set forth in License Agreement recorded in Book 592 at Page 21. 11. Terms, conditions, restrictions, reservations, provisions and obligations as set forth in Resolution No. PZ -68-18 recorded in Book 568 at Page 139, and Resolution No. 88-81 recorded in Book 569 at -- Page 610. 12. Terms, conditions, restrictions, reservations, provisions and obligations as set forth in Easement Agreement recorded in Book 602 at Page 82. 13. Terms, conditions, restrictions, reservations, provisions and obligations as set forth in Book 577 at Page 768, 769 and 770. 14. Terms, conditions, restrictions, reservations, provisions and obligations as set forth in Right of way Agreement recorded in Book 523 at Page 418. 15. Terms, conditions, restrictions, reservations, provisions and obligations of Lease recorded October 02, 1990 in Book 631 at Page 003 and any amendments thereto, and Crop Lease by and between The Estate of Morgan M. Merrill and John Bullard, dated August 19, 1992. 16. Terms, conditions, provisions, obligations and all matters as set forth in Agreement recorded January 21, 1992 in Book 667 at Page 289. 17. Terms, conditions, provisions, obligations and all matters as set forth in Easement Agreement by and between The Estate of Morgan M. Merrill and Brush Creek Landowners Association, Inc., recorded September 29, 1992 in Book 689 at Page 972. (Continued) 1 e^ r\ J 18. Terms, conditions, provisions, obligations and all matters as set forth in Occupancy Deed Restriction and Agreement for a Caretaker Dwelling Unit Approved Pursuant to Section 3-8.13 of the Pitkin County Land Use Code recorded September 29, 1992 in Book 669 at Page 995. 19. All matters as disclosed on survey of the subject property by Aspen Survey Engineers, Inc., Dated January 13, 1993 as Job No. 17171D and Open Space Parcel as shown on Plat recorded in Plat Book 22 at Page 26. Not excepted shall be the portion of the property designated on said survey as the "out parcel" as such property has vested in the purchaser by virtue of a conveyance to the Seller from the Elay Corporation. 20. All matters as set forth in Deed recorded January 21, 1993 in Book 701 at Page 263. 21. Terms, conditions, provisions and obligations as set forth in Easement Agreement II recorded January 21, 1993 in Book 701 at Page 275. 22. Terms, conditions, provisions and obligations as set forth in Equestrian Easement and Permit recorded January 21, 1993 in Book 701 at Page 300. 23. Terms, conditions, provisions and obligations as set forth in Water Distribution System and Water Sharing Agreement recorded January 21, 1993 in Book 701 at Page 306. 375046 B-763 P-521 10/07/94 12:53P PG 4 OF 4 000005 ������ COUNTY �� I�I�I� I�I���I�� I II 5//330 2 03 12:52P 95. E5 D a." DEED OF CONSERVATION EASEMENT IN GROSS Cozy Point Ranch, Aspen THIS DEED OF CONSERVATION EASEMENT is granted this: dqofM T3�L4Lkz,003, by the CITY OF ASPEN("Grantor"), to and for the benefit of ASPEN VALLEY LAND TRUST, a Colorado nonprofit corporation, 320 Main Street, Suite 204, Carbondale, Colorado 81623, (the "Trust"Yeollectively, the "Parties"). RECITALS WHEREAS, Grantor is the sole owner in fee simple of certain real property in Pitkin County, State of Colorado, more particularly described in Exhibit A (the "Property"). The Property is comprised of approximately 168 acres of land commonly known Cozy Point Ranch, v� and 1 WHEREAS, the Property possesses natural, scenic, open space, and recreational values (collectively, "Conservation Values") of importance to the Trust, the people of Pitkin -County, and the people of the State of Colorado that are worthy of preservation; and WHEREAS, in particular, the Property is a historic ranch established in 1890 and is currently a working equestrian center and ranch with open space, highly visible from Highway 82, and which also provides habitat for deer, elk, birds and other wildlife, and is bisected by 1 Brush Creek through the northern portion of the property; and WHEREAS, the City of Aspen has managed the property as a working equestrian ranch and has undertaken efforts to restore the creek -side habitat and elk and deer habitat in portions of the ranch; and WHEREAS, the specific Conservation Values of the Property are documented in an inventory of relevant features of the Property, on file at the office of the Trust, (which consists of reports, maps, photographs, and other documentation that the Parties agree provides, collectively, an accurate representation of the Property at the time of this grant and which is intended to serve as an objective information baseline for monitoring compliance with the terms of this grant; and WHEREAS, Grantor intends that the Conservation Values of the Property be preserved and maintained by the continuation of land use patterns, including, without limitation, those relating to open space, wildlife habitat and recreational uses existing at the time of this grant, including the equestrian center and related employee housing, agricultural structures and equestrian facilities, which the Trust acknowledges and agrees do not significantly impair or interfere with those values; and WHEREAS, Grantor intends, as owner of the Property, to convey to the Trust the right to preserve and protect the Conservation Values of the Property in perpetuity; and 533153.1 RETURN TO: AUTSIN PEIRCE AND SMITH 000006 FRED PEIRCE IN VIII IS IIIIII IIII COUNTY VIII III VIII IIII IIII O 06/320030G12:32P M WHEREAS, the Trust agrees by accepting this grant to honor the intentions of Grantor stated herein and to preserve and protect in perpetuity the Conservation Values of the Property for the benefit of this generation and the generations to come; and WHEREAS, the Trust is a charitable organization as described in Section 501(c)(3) of the Internal Revenue Code of 1986, as amended (the "Code") and is a publicly supported organization as described in Section 170(b)(1)(A) of the Code whose primary purpose is to preserve and protect the natural, scenic, agricultural, historical, and open space resources of the Pitkin County and Roaring Fork Valley area, including the area in which the Property is located, by assisting landowners who wish to protect their land in perpetuity, and is a "qualified organization" to do so within the meaning of Section 170(h)(3) of the Code; and WHEREAS, the State of Colorado has recognized the importance of private efforts toward the preservation of natural systems in the State by the enactment of C.R.S. 38-30.5-101 et seq.; and WHEREAS, the Board of Directors of the Trust has duly adopted a resolution approving the Trust's execution and acceptance of Grantor's gift of this Conservation Easement. NOW, THEREFORE, in consideration of the above and the mutual covenants, terms, conditions, and restrictions contained herein, and pursuant to the laws of the State of Colorado, and in particular C.R.S. 38-30.5-101 et seq., Grantor hereby voluntarily grants and conveys to the Trust, its successors and assigns, a Conservation Easement in Gross in perpetuity, consisting of the rights and restrictions enumerated herein, over and across the Property (the "Easement"). 1. Purposes. The purposes of this Easement are to assure that the Property will remain forever predominantly in its open space, natural habitat and agricultural condition subject to the uses of the Property permitted hereunder, and to prevent any use of the Property that will significantly impair or interfere with the Conservation Values of the Property and, in the event of their degradation or destruction, to restore such Conservation Values of the Property. Grantor intends that this Easement will confine the use of the Property to such activities, including, without limitation, those involving agriculture, conservation education, and general conservation purposes, as are consistent with the purposes of this Easement. Pursuant to the terms of C.R.S. 38-30.5-101 et seq., the Property preserved hereby may not be converted or directed to any uses other than those provided herein. 2. Baseline Documentation. The Parties acknowledge that Baseline Documentation of the Property will be prepared by September 1, 2003, by a person familiar with Conservation Easements and the property familiar with the environs. The Baseline Documentation has been reviewed and approved by the Trust and the Grantor as an accurate representation of the biological and physical condition of the Property at the time of this grant. Grantor has retained a copy of the Baseline Documentation for its records and a copy of the Baseline Documentation is on file with the Trust. 3. Rights of Trust. To accomplish the purposes of this Easement, Grantor conveys the following rights to the Trust: 533153.1 E 000007 IIIIII VIIIIIIIII(IIII IIII IIIIII VIII III VIII IIII IIII 00 06/304e4726/2003Page: 3 of 19 12:52P 3.1. The rignt to preserve and protect the Conservation Values of the Property in perpetuity; and 3.2. The right to enter upon the Property at reasonable times, to inspect the Property thoroughly, to monitor Grantor's compliance with and otherwise enforce the terns of this Easement; provided that such entry shall be upon twenty-four hour prior notice to Grantor, and except that no such notice shall be required in the event the Trust reasonably believes that immediate entry upon the Property is essential to prevent or mitigate a violation of this Easement. The Trust shall not unreasonably interfere with Grantor's use and quiet enjoyment of the Prop6ft,�and 3.3. The right to prevent any activity on or use of the Property that is inconsistent with the purposes of this Easement, or which may have an adverse impact on the Conservation Values of the Property, and to require the restoration of such areas or features of the Property that are damaged by any inconsistent activity or use; and 3.4. Any other rights that the Parties may approve consistent with the purposes of this Easement and the Conservation Values, 4. Prohibited Uses. Any activity on or use of the Property inconsistent with the purposes of this Easement is prohibited. Without limiting the generality of the foregoing, the following activities and uses are expressly prohibited: A. The change, disturbance, alteration, or impairment of the agricultural values within and upon the Property, except as provided herein. B. The construction, placement, reconstruction or replacement of any buildings, structures, camping accommodations, mobile homes, boat ramps, or billboards, except as expressly provided herein. C. The conveyance of easements, rights -of -ways, the paving or grading of roadways or the construction of any roadways without the consent of the Trust, which consent shall be in the Trust's sole discretion. D. The removal, destruction, or cutting of native vegetation; E. The introduction of non-native plant or animal species except for commonly acceptable agricultural species; F. The use of pesticides or fertilizers other than for the control of noxious weeds and/or pests in a manner consistent with sound environmental conservation practices; G. The exploration for or extraction of minerals, oil, gas, or other hydrocarbons, soils, sands, gravel, rock, or other materials on or below the surface of the Property. Grantor shall not transfer, lease or otherwise separate the soil, sand, gravel, rock, oil, natural gas, fuel or any other mineral substance from the Property; 533153.1 000003 3 IIIIII IIII IIIIII IIIIII IIII IIIIII VIII III IINI IIII IIII 06/830/2003Page: 4 12:02P SILVIA DAVIS PITKIN COUNTY CO R 90.00 0 0.00 H. The division, subdivision, or de facto subdivision of the Property into two or more parcels of land; 1. The use of any motorized vehicles off roadways now existing or new roadways permitted herein, except for agricultural uses; J. The establishment or maintenance of any commercial feed lot, which shall be defined for purposes of this Conservation Easement as a permanently constructed confined area or facility within which the land is not grazed or cropped annually, for purposes of engaging in the business of the reception and extended feeding and fmishing of large numbers of livestock for hire; K. The accumulation, dumping or other disposal of trash, ashes, garbage, or other offensive or unsightly refuse on the Property; L. The manipulation, diversion, or other alteration of streams that degrades or destabilizes their natural banks or shorelines; water; M. The degradation, pollution, or drainage of any surface or sub -surface N. Any change in the topography of the Property through the placement therein of soil, land fill, dredging spoils, or other material, except as incidental and necessary to the activities permitted herein; O. Any commercial or industrial non-agricultural uses; P. To transfer, encumber, lease, sell, or otherwise separate the Water Rights necessary or appropriate for use in present or future ranching, agricultural production, or the maintenance of wildlife habitat on the Property; Q. The erection, construction, installation, relocation or use of a communication facility, a telecommunication facility, a network element or any other telecommunication facilities, equipment or material that may be used for telecommunications or to provide such services; R. Utility lines or substations not necessary and directly related to uses of the Property permitted by this Easement; S. Wind -powered electric generators to produce electricity for off-site use; T. Hunting on the Property is expressly prohibited. U. External Lighting; to install any lighting which interferes with wildlife's use of the property or with landowners whose property is within sight of the subject property, or from vehicles driving along Highway 82. 533153.1 000009 4 IIIIIIIVIII IIIIIIIIIIIIIIIIIIIIIIVIIIIIIVIIIIIIIIIIIE 484726 6/00 0 3 12:52P 5. Consistent Uses of the Property. The following uses and practices by Grantor, though not an exhaustive recital, are consistent with this Easement. Certain of these consistent uses and practices are identified as being subject to specified conditions, to the notice provision as described in paragraph 7, and/or to the requirement of and procedures for prior approval by the Trust as described in paragraph 8: A. Fences: Grantor may repair or replace existing fences and build new fences for purposes incidental and necessary to the management of livestock and wildlife in compliance with the Colorado Division of Wildlife specifications for fencing in wildlife migration areashto\ B. Leasing of lands for agricultural purposes is permitted; C. Water rights: Grantor shall retain, reserve and preserve the right to use the Water Rights and such new water rights as may be developed as incidental and necessary to the maintenance and protection of the Agricultural character, wildlife and riparian habitat, and open space and scenic qualities of the Property and to irrigate the Property. Grantor shall have the right to construct, maintain, and improve irrigation fixtures, water wells and other water systems on the Property consistent with the uses permitted hereunder; facilities; D. Underground utilities as needed for employee housing and agricultural E. Cutting and removal of dead, dying and diseased timber as may be reasonably necessary for fire protection or disease prevention purposes; Property; F. The taking of such reasonable steps as are necessary to control erosion on the G. Subject to the prior notice and approval provisions of Paragraphs 7 and 8, below, tree nurseries, row crops or cattle operations or other agricultural uses and related operations consistent with the uses permitted herein; H. If the Grantor no longer desires to engage in equestrian and other agricultural uses or use the Property for agricultural purposes, the Property may revert to wildlife habitat. I. Rcvegetation and habitat restoration and enhancement projects as are consistent with the City of Aspen Resource Management Plan. J. Construction and maintenance of public trails consistent with the City of Aspen Resource Management Plan. 6. Reserved Rights. Grantor reserves to himself and to his personal representatives, heirs, successors, and assigns, all rights accruing from their ownership of the Property, including the right to engage in all uses of the Property that are consistent with the purposes of this Easement. Grantor shall notify the Trust in writing, as described in paragraph 7, before exercising reserved rights that might have an adverse impact on the Conservation Values. Grantor has the burden to prove that the Grantor's uses are consistent with this easement. 533153.1 IIIIII VIII 12:02P IIIISILVIA DAVIS IITKIN IIIIII COUNTY III VIII III VIII IIII IIII 96.00 Page: a 06/30/2003 rf A. To erect, maintain or replace one single-family home of up to 4,000 square feet, to erect, maintain or replace five Employee Dwelling Units of up to 1,000 square feet each and to maintain and redevelop an equestrian center, barns and other accessory buildings for the operation of a horse ranch and equestrian facility, with all enclosed buildings (excluding horse pasture shelters) limited to a building envelope not to exceed ten acres, as shown in Exhibit A. B. To use the southern pasture for parking at no more than three (3) special events per year through 2008, provided the Grantor develops and implements a plan for restoring the pasture between uses. site. C. To preserve and restore the historic barn and cabins/homes on the homestead D. Use of up to 12 acres of the south pasture for a polo and/or soccer playing field, along with standard field amenities such as parking, spectator facilities and restrooms, but no lighting as are consistent with the City of Aspen Resource Management Plan, provided any permanent facilities are located along the western side of the pasture to preserve a greenbelt area along Highway 82. E. Use of approximately 2 acres for the operation of an archery range. 7. Notice of Intention to Undertake Certain Permitted Actions. The purpose of requiring Grantor to notify the Trust before undertaking certain permitted activities is to afford the Trust an opportunity to ensure that the activities in question are designed and carried out in a manner consistent with the purposes of this Easement. Whenever notice is required, Grantor shall notify the Trust in writing not less than 60 days prior to the date Grantor intends to undertake the activity in question, unless a different time period for the giving of notice is provided as to the activity in question. The notice shall describe the nature, scope, design, location, timetable, and any other material aspect of the proposed activity in sufficient detail to permit the Trust to make an informed judgment as to its consistency with the purposes of this Easement and the Conservation Values. 8. The Trust's Approval. Whenever this Easement requires that Grantor obtain the Trust's approval of any activity on or use of the Property, such approval shall not be unreasonably withheld or delayed. Where the Trust's approval is required, the Trust shall grant or withhold its approval in writing within 30 days of receipt of Grantor's Written request therefore. The Trust's approval may be withheld only upon a reasonable determination by the Trust that the action as proposed would be inconsistent with the Conservation Values or the purposes or terms of this Easement; the reason(s) for such a determination shall be set forth with specificity by the Trust in a written notice to Grantor. Where a reasonable modification of the proposed use or activity by Grantor would render the same consistent with the purposes of this Easement and the Conservation Values, the Trust shall specify, in such written notice to Grantor, such required modifications. 9. Trust's Remedies: Enforcement. 9.1. Arbitration. If a dispute arises between the parties concerning the consistency of any proposed use or activity with the purposes of this Easement, Grantor agrees not to proceed 533153.1 000011 6 IIIIII VIII IIIIII IIIIII IIII IIIIII VIII III VIII IIII IIII Page:494726 30 2003 19 2:szP SILVIA DAVIS PITKIN COUNTY CO R 90.00 D 0.00 with the disputed use or activity pending resolution of the dispute. Either party may refer the dispute to arbitration by request made in writing upon the other. Within thirty (30) days of the receipt of such a request, the parties shall select a single arbitrator to hear the matter. If the parties are unable to agree on the selection of a single arbitrator, then each party shall name one arbitrator and the two arbitrators thus selected shall select a third arbitrator who shall alone arbitrate the dispute; provided, however, if either party fails to select an arbitrator, or if the two arbitrators selected by the parties fail to select the third arbitrator then the arbitrator first selected by a party shall serve as arbitrator. A judgment on the arbitration award may be entered in any court having jurisdiction thereof. The pfeyailing party shall be entitled, in addition to such other relief as may be granted, to a reasonable' sum for all its costs and expenses related to such arbitration, including, without limitation, the fees and expenses of the arbitrator(s) and attorneys' fees, which shall be determined by the arbitrator(s) and any court of competent jurisdiction that may be called upon to enforce or review the award. The arbitrator has the authority to issue an injunction to prevent the Grantor from undertaking a prohibited action on the property, and to require specific performance of the Grantor to remedy a prohibited action. If the Grantor is required by this agreement to seek approval for a proposed activity, the Grantor shall refrain from performing the activity for which approval is being sought until the Trust has decided to grant approval or until an arbitrator has been selected and has ruled on the proposed activity. Within 30 days after one party invokes arbitration, each party shall provide the other with a good faith estimate of the cost of reasonable attorney fees, expenses and costs resulting from the arbitration. 9.2. Notice of Violation: Corrective Action. If the Trust determines that a violation of the terms of this Easement has occurred or is threatened, the Trust shall give written notice to Grantor of such violation and demand corrective action sufficient to cure the violation and, where the violation involves injury to the Property resulting from any use or activity inconsistent with the purposes of this Easement or the Conservation Values, to restore the portion of the Property so injured to its prior condition in accordance with a plan approved by The Trust. Grantor intends that if any prohibited activity is undertaken on the Property, the Trust shall have the right to cause restoration of that portion of the Property affected by the prohibited activity to the condition that existed before the prohibited activity commenced. Grantor shall bear the costs of any such restoration. 9.3. Injunctive Relief. If Grantor fails to cure the violation within ten (10) days after receipt of notice of the violation from the Trust, or under circumstances where the violation cannot reasonably be cured within a ten (10) day period, fails to begin curing such violation within the ten (10) day period or fails to continue diligently to cure such violation until finally cured, the Trust may appoint an arbitrator to enforce the terms of this Easement, utilizing the procedures set forth in Paragraph 9.1 above, to enjoin the violation, ex parte as necessary, by temporary or permanent injunction, and to require or cause the restoration of the Property to the condition that existed prior to any such injury. 9.4. Damages. The Trust shall be entitled to recover damages for violation of the terms of this Easement or injury to the Conservation Values, including, without limitation, damages for the loss of scenic, aesthetic, or environmental values, plus reasonable attorney's fees, expenses and costs. Without limiting Grantor's liability therefore, the Trust, in its sole q 533153.1 % 000012 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIhIIIINIIIIIIIIIllll4w4De 12I:52P O3 discretion, may apply any damages recovered to the cost of undertaking any corrective action on the Property. 9.5. Emer encu Enforcement. If the Trust, reasonably believes an ongoing or threatened imminent activity violates the Easement, the Trust may, in its sole discretion, take immediate corrective action, including, without limitation, the control of noxious weeds, as set forth in this paragraph 9 without prior notice to Grantor and without waiting for the period provided for cure to expire. 9.6. Costs of Enforcement. All reasonable costs incurred by the Trust in enforcing the terms of this Easement against Grantor including, without limitation, costs and expenses of suit and reasonable attorney's fees, and any costs of restoration necessitated by Grantor's violation of the terms of this Easement shall be borne by Grantor; provided, however, that if Grantor ultimately prevails in a judicial enforcement action each party shall bear its own costs. (Note: These costs are not associated with on-going compliance monitoring performed by Grantee pursuant to paragraph 3, above.) 9.7. The Trust's Discretion. Enforcement of the terms of this Easement shall be at the sole discretion of the Trust, and any forbearance by the Trust to exercise its rights under this Easement in the event of any breach of any term of this Easement by Grantor shall not be deemed or construed to be a waiver by the Trust of such term or any subsequent breach of the same or any other term of this Easement or of any of the Trust's rights under this Easement. No delay or omission by the Trust in the exercise of any right or remedy upon any breach by Grantor shall impair such right or remedy or be construed as a waiver. 9.8. Waiver of Certain Defenses. No action shall be commenced or maintained to enforce the terms of any building restriction described in this Easement, or to compel the removal of any building or improvement, unless said action is commenced within four (4) years from the date of the violation for which the action is sought to be brought or maintained. C.R.S. Section 38-41-119, which provides a one-year statute of limitations, is specifically overridden by this paragraph. Grantor waives the defenses of laches, estoppel and prescription with regard to the enforcement of all other tetras of this Easement. 9.9. Acts Beyond Grantor's Control. Nothing contained in this Easement shall be construed to entitle the Trust to bring any action against Grantor for any injury to or change in the Property resulting from causes beyond Grantor's control including, without limitation, fire, flood, storm, and earth movement, or from any prudent action taken by Grantor under emergency conditions to prevent, abate, or mitigate significant injury to the Property resulting from such causes. 10. Access. Nothing contained herein shall be construed as affording the public access to any portion of the Property, although the Grantor may permit public access to the Property on such terms and conditions as it deems appropriate, provided that such access is consistent with the terms of this Easement. 533153.1 8 000013 of 19 1111111111111111111111111111111111111111111111111111111 Page:86/30/2003484725 12:52P SILVIN DAVIS PITKIN COUNTY CO R 96.00 0 0.00 11. Costs, Liabilities, Taxes and Environmental Compliance. I LL Costs. Legal Requirements and Liabilities. Grantor retains all responsibilities and shall bear all costs and liabilities of any kind related to the ownership, operation, upkeep, and maintenance of the Property, including the maintenance of adequate liability insurance coverage, which names the Trust as an additional insured. Grantor remains solely responsible for obtaining any applicable governmental permits and approvals for any construction or other activity or use permitted by this Easement, and all such construction or other activity or use shall be undertaken in accordance with all applicable federal, state,- and local laws, regulations and requirements. Grantor shall keep the Property free of any liens arising out of any work performed for, materials furnished to, or obligations incurred by Grantor. 11.2. Taxes. Grantor shall pay before delinquency all taxes, assessments, fees, and charges of whatever description levied on or assessed against the Property by competent authority (collectively "Taxes', including any Taxes imposed upon, or incurred as a result of, this Easement, and shall furnish the Trust with satisfactory evidence of payment upon request. The Trust is authorized, but in no event obligated, to make or advance any payment of Taxes, upon ten (10) days prior written notice to Grantor, in accordance with any bill, statement, or estimate procured from the appropriate authority, without inquiry into the validity of the Taxes or the accuracy of the bill, statement, or estimate, and the obligation created by such payment shall bear interest until paid by Grantor to the Trust at the lesser of fifteen percent (15%) per annum, or the maximum rate allowed by law. 11.3. Representations and Warranties Grantor represents and warrants that, after reasonable investigation and to the best of its knowledge: A. No substance defined, listed, or otherwise classified pursuant to any federal, state, or local law, regulation, or requirement as hazardous, toxic, polluting, or otherwise contaminating to the air, water, or soil, or in any way harmful or threatening to human health or the environment exists or has been released, generated, treated, stored, used, disposed of, deposited, abandoned, or transported in, on, from, or across the Property, except for fuels, chemicals and pesticides customarily used or transported in connection with camping, wrangling, agricultural and construction activities on the Property; B. There are not now any underground storage tanks located on the Property, whether presently in service or closed, abandoned, or decommissioned, and no underground storage tanks have been removed from the Property in a manner not in compliance with applicable federal, state, and local laws, regulations, and requirements; C. Grantor and the Property are in compliance with all federal, state, and local laws, regulations, and requirements applicable to the Property and its use; D. But for potential eminent domain proceedings for the establishment of a public roadway across the Property, there is no pending or threatened litigation in any way affecting, involving, or relating to the Property; E. No civil or criminal proceedings or investigations have been instigated at any time or are now pending, and no notices, claims, demands, or orders have been received, arising 533153.1 9 000014 IIIIIIIIIIIIIIIIIIIIIIIIUIIIIIICllllltallNIIRIINlO® 84o 003 12:52P out of any violation or alleged violation of, or failure to comply with, any federal, state, or local law, regulation, or requirement applicable to the Property or its use, nor do there exist any facts or circumstances that Grantor might reasonably expect to form the basis for any such proceedings, investigations, notices, claims, demands, or orders; and F. Grantor warrants that Grantor has good and sufficient title to the Property, that Grantors has good right, full power and lawful authority to grant and convey this Easement, that any mortgages or liens on the Property are and shall remain subordinate to the terms of this Easement, and Grantor hereby promises to warrant and forever defend the title to the Easement against all and every person or persons lawfully claiming by, through or under Grantor, the whole or any part thereof, except for rights-of-way, easements, restrictions, covenants and mineral reservations of record, which are acceptable to the Trust at the time of execution of the Easement. 11.4. Remediation. If, at any time, there occurs, or has occurred, a release in, on, or about the Property of any substance now or hereafter defined, listed, or otherwise classified pursuant to any federal, state, or local law, regulation, or requirement as hazardous, toxic, polluting, or otherwise contaminating to the air, water, or soil, or in any way harmful or threatening to human health or the environment, Grantor agrees to take all steps necessary to assure its containment and remediation, including any cleanup that may be required, unless the release was caused by the Trust, in which case the Trust shall be responsible therefor. 11.5. Control. Nothing in this Grant shall be construed as giving rise, in the absence of a judicial decree, to any right or ability in The Trust to exercise physical or managerial control over the day-to-day operations of the Property, or any of Grantor's activities on the Property, or otherwise to become an operator with respect to the Property within the meaning of The Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended (ACERCLA@), and any Colorado state law counterpart. 11.6. Hold Harmless. Grantor shall hold harmless, indemnify, and defend the Trust and its members, directors, officers, employees, agents, and contractors and the heirs, personal representatives, successors, and assigns of each of them (collectively "Indemnified Parties@) from and against all liabilities, penalties, costs, losses, damages, expenses, cause of action, claims, demands, or judgments, including, without limitation, reasonable attorneys' fees, arising from or in any way connected with: (1) injury to or the death of any person, or physical damage to any property, resulting from any act, omission, condition, or other matter related to or occurring on or about the Property, regardless of cause, unless due solely to the negligence of any of the Indemnified Parties; (2) the violation or alleged violation of, or other failure to comply with, any state, federal, or local law, regulation, or requirement, including, without limitation, CERCLA, by any person other than any of the Indemnified Parties, in any way affecting, involving, or relating to the Property; (3) the presence or release of hazardous or toxic substances in, on, from, under or about the Property at any time, of any substance now or hereafter defined, listed, or otherwise classified pursuant to any federal, state, or local law, regulation, or requirement as hazardous, toxic, polluting, or otherwise contaminating to the air, water, or soil, or in any way harmful or threatening to human health or the environment, unless caused solely by any of the Indemnified Parties; and (4) the obligations, covenants, representations, and warranties of paragraphs 11.1 through 11.5. 533153.1 10 000015 (IIIIII VIII IIIIII IIIIII (III COUNTY VIII III IIIIII III II,I 06/30/2003 8 01 2:52P SILVIA DAVIS 12. Extinguishment and Condemnation. 12.1. Extinguishment. In granting this Easement, Grantor has considered the possibility that uses prohibited by the terms of this Easement may become more economically valuable than permitted uses and that neighboring properties may be used entirely for such prohibited uses in the future. It is the intent of the Grantor and the Trust that any such changes shall not be deemed circumstances justifying the termination or extinguishment of this Easement. In addition, the inability of Grantor, or the Grantor's heirs, successors or assigns, to conduct or implement any or all of the uses permitted under this Easement, or the unprofitability of doing so, shall not impair the validity of this Easement or be considered grounds for its termination or extinguishment. If circumstances arise in the future that render the purposes of this Easement impossible to accomplish, this Easement can only be terminated or extinguished, whether in whole or in part, by judicial proceedings in a court of competent jurisdiction. Each party shall promptly notify the other when it first learns of such circumstances. The amount of the proceeds to which the Trust shall be entitled, after the satisfaction of prior claims, from any sale, exchange, or involuntary conversion of all or any portion of the Property subsequent to such termination or extinguishment, shall be determined, unless otherwise provided by Colorado law at the time, in accordance with the Proceeds paragraph, below. The Trust shall use all such proceeds in a manner consistent with the conservation purposes of this Easement. 12.2. Proceeds. This Easement constitutes a real property interest immediately vested in the Trust, which the parties stipulate to have a fair market value determined by multiplying the fair market value of the Property unencumbered by this Easement (minus any increase in value after the date of this grant attributable solely to improvements which are allowed by this Easement) by the ratio of the value of this Easement at the time of this grant to the value of the Property, without deduction for the value of this Easement, at the time of this grant. The values at the time of this grant shall be those values used to calculate the deduction for federal income tax purposes allowable by reason of this grant, pursuant to Section 170(h) of the Internal Revenue Code of 1986, as amended. For the purposes of this paragraph, the ratio of the value of this Easement to the value of the Property unencumbered by this Easement shall remain constant. 12.3. Condemnation. If all or any part of the Property is taken by exercise of the power of eminent domain or acquired by purchase in lieu of condemnation, whether by public, corporate, or other authority, so as to terminate this Easement, in whole or in part, Grantor and the Trust shall act jointly to recover the full value of the interests in the Property subject to the taking or in lieu purchase and all direct or incidental damages resulting therefrom. All expenses reasonably incurred by Grantor and the Trust in connection with the taking or in lieu purchase shall be paid out of the amount recovered. The Trust's share of the balance of the amount recovered shall be determined by multiplying that balance by the ratio set forth in section 12.2. 12.4. Application of Proceeds. The Trust shall use any proceeds received under the circumstances described in this section 12 in a manner consistent with its conservation purposes, which are exemplified by this grant. 13. Assignment. This Easement is transferable, but the Trust may assign its rights and obligations under this Easement only to an organization that is (a) a qualified organization at 533153.1 000016 II IIIIII VIII IIIIII IIIIII IIII IIIIII VIII III IIIIII III IIII 0484726 6/•30 2003 12 52P SILVIN DAVIS PITKIN COUNTY CO R 96.00 D 0.00 the time of transfer under Section 170(h) of the Internal Revenue Code of 1986, as amended (or any successor provision then applicable), and the applicable regulations promulgated thereunder -,(b) authorized to acquire and hold conservation easements under Colorado law As a condition of such transfer, the Trust shall require the transferee to expressly agree, in writing, to carry out and uphold the purposes of this Easement and the Conservation Values and otherwise assume all of the obligations and liabilities of the Trust set forth herein or created hereby. After such transfer, the Trust shall have no further obligation or liability under this Easement. The Trust agrees to give written notice to Grantor of an assignment at least 60 days prior to the date of such assignment. The failure of the TrustLq give such notice shall not affect the validity of such assignment nor shall it impair the validity of this Easement or limit its enforceability in any way. 14. Subsequent Transfers. Grantor agrees to incorporate the terms of this Easement in any deed or other legal instrument by which it divests itself of any interest in the Property, including, without limitation, a leasehold interest. Grantor further agrees to give written notice to the Trust of the transfer of any such interest at least 30 days prior to the date of such transfer. The failure of Grantor to perform any act required by this paragraph shall not impair the validity of this Easement or limit its enforceability in any way. 15. Estoppel Certificates. Upon request by Grantor, The Trust shall within 30 days execute and deliver to Grantor, or to any party designated by Grantor, any document, including an estoppel certificate, which certifies, to the best of the Trust's knowledge, Grantor's compliance with any obligation of Grantor contained in this Easement or otherwise evidences the status of this Easement. Such certification shall be limited to the condition of the Property as of the Trust's most recent inspection. If Grantor requests more current documentation, the Trust shall conduct an inspection, at Grantor's expense, within 60 days of receipt of Grantor's written request therefor. However, in the event that weather, or other circumstances outside of the Trust's control, prevent the Trust from conducting an inspection within 60 days of receipt of Grantor's written request, the Trust shall conduct such inspection within a timely manner once such weather or circumstances which prevent the inspection no longer exist. 16. Notices. Any notice, demand, request, consent, approval, or communication that either party desires or is required to give to the other shall be in writing and either served personally or sent by first class mail, postage prepaid, addressed as follows or to such other address as either party from time to time shall designate by written notice to the other: To Grantor: The City of Aspen 130 South Galena Aspen, CO 81610 To the Trust: Aspen Valley Land Trust 320 Main Street, Suite 204 Carbondale, CO 81623 533153.1 12 000017 4726 �N�I�I�IIIIDAVbII�IIIIIIINIIIIIIIIIIiIIIIIIIIIIIIIIIIIIITKIN COUNTY CO R as. 06/38/2903 12:52P 17. Recordation. The Trust shall record this instrument in timely fashion in the official records of Pitkin County, Colorado, and may re-record it at any time as may be required to preserve its rights in this Easement. 18. Amendment. If circumstances arise under which an amendment to or modification of this Easement would be appropriate to promote the purposes of this Easement and the protection of the Conservation Values of the Property, Grantor and the Trust may jointly amend this Easement (in accordance with the Policies of the Trust.) However, the Trust is under no obligation to amend this Easement, and may decline to amend this Easement in its sole and eiclusive judgment. No amendment shall be allowed that will affect the qualifications of this Easement under any applicable law. Any amendment must be consistent with the purposes of this Easement and the Conservation Values and may not affect the Easement's perpetual duration. Any amendment must be in writing, signed by both parties, and recorded in the records of the Clerk and Recorder of Pitkin County, Colorado. 19. Subordination. At the time of conveyance of this Easement, the Property is subject to a deed of trust, the holder of which has agreed to subordinate its rights in the Property to the extent necessary to permit the Trust to enforce the purposes of this Easement in perpetuity and to prevent any modification or extinguishment of this Easement by the exercise of any rights of the deed of trust holder. 20. General Provisions. 20.1. The following Exhibits are attached to and incorporated by reference into this conservation easement deed, Exhibit A: Baseline Documentation, Exhibit B: a document attesting that the legal description of the property will be defined and recorded within thirty (30) days of the final approval of the Burlingame Housing Project by the City of Aspen. 20.2. Definitions. The terms "Grantor" and the "Trust", wherever used herein, and any pronouns used in place of those terms, shall be deemed to include, respectively, Grantor and its heirs, personal representatives, executors, administrators, successors and assigns, and the Trust, its successors and assigns. 20.3. Controlling Law. The interpretation and performance of this Easement shall be governed by the laws of the State of Colorado. 20.4. Liberal Construction. Any general rule of construction to the contrary notwithstanding, this Easement shall be liberally construed in favor of the grant to effect the purposes of this Easement and the policy and purpose of C.R.S. 38-30.5-101 et seq. If any provision in this instrument is found to be ambiguous, an interpretation consistent with the purposes of this Easement that would render the provision valid shall be favored over any interpretation that would render it invalid. The common law rules of disfavoring restrictions on the use of real property and construing restrictions in favor of the free and unrestricted use of real property shall not apply to interpretations of this Easement or to disputes between the Parties concerning the meaning of particular provisions of this Easement. 20.5. Severability. If any provision of this Easement, or the application thereof to any person or circumstance, is found to be invalid, the remainder of the provisions of this Easement, q 533153.1 13 000018 (VIII VIII IIIIII IIIIII IIII IIIIII IIII II II�III III IIII 05/30/200723Pago:6f 12952P SILVIN DAVIS PITKIN COUNTY CO R 99.09 D 0.00 or the application of such provision to persons or circumstances other than those as to which it is found to be invalid, as the case may be, shall be deemed severable and remain in full force and effect. 20.6. Entire Agreement. This instrument sets forth the entire agreement between the Parties with respect to this Easement and supersedes all prior discussions, negotiations, understandings, or agreements relating to this Easement, all of which are merged herein. 20.7. No Forfeiture. Nothing contained herein will result in a forfeiture or reversion of Grantor's title in any respect. 20.8. Joint Obligation. The obligations imposed by this Easement upon Grantor shall be joint and several (in the event that there is more than one Grantor). 20.9. Successors. The covenants, terms, conditions, and restrictions of this Easement shall be binding upon, and inure to the benefit of, the Parties hereto and their respective personal representatives, heirs, successors, and assigns and shall continue as a servitude running in perpetuity with the Property. 20.10. Termination of Rights and Obligations. A party's rights and obligations under this Easement terminate upon transfer of the party's interest in this Easement or the Property, except that liability for acts or omissions occurring prior to transfer shall survive transfer. 20.11. Captions. The captions in this instr anent have been inserted solely for convenience of reference and are not a part of this instrument and shall have no effect upon construction or interpretation. 20.12. Counterparts. The Parties may execute this instrument in two or more counterparts, which shall, in the aggregate, be signed by both parties; each counterpart shall be deemed an original instrument as against any party who has signed it. In the event of any disparity between the counterparts produced, the recorded counterpart shall be controlling. 533153.1 14 000019 I IN WITNESS WHEREOF, Grantor and the Trust have executed this Deed of Conservation Easement as of the date first written above. GRANTOR Jill 1111111106/30/2003 �i2 52P SILVIA IIIIIIIIS PITKIN COUNTY CO R 98 CITY OF ASPEN a C( By: Tid ST) ss. COUNTY OF h' iC The foregoing instrument ,trQ 20CP, by _ 6y�(ti(1C5Y of Li4, WITNESS my hand and official seal. [SEAL] before me this day of as Grantor. Lt iLIT X - :�n Notary Public My commission expires: 533153.1 15 00002J Brandi L. Jepson / Notary Public My Colnmission Expires 1/22/2005 601 E. Hopkins Aspen, CO 81611 C:y 484726 ACCEPTED: I 1111111111111111Page: Is of 1 1111111111111111111111111111111111111111111111 06//302003 12802P TRUST SILVIA DAVIS PITKIN COUNTY CO R 96.00 D 0.00 ASPEN VALLEY LAND TRUST, a Color/ado nonprofit corporation, BY:' /I A & `1,k rpt-o6i�L� Martha Cochran Its: Executive Director STATEOF ) ss. COUNTY OF i r The fo egoing instrument was acknowledged before me this L{ day of 2003, by NAQL y-}'G,,r_ rc5C L\ ✓A r� as Executive Director of ASPEN VALLEY LAND TRUST, a Colorado nonprofit corporation. WITNESS my hand and official seal. [SEAL] BFypNOON 533153.1 000021 Notary Public My commission expires: Point-6-17-03.doc Brandi L. Jepson I Notary Public My Commission Expires 112212005 601 E. Hopkins Aspen, CO 81611 Kinder Morgan Rate Increase Before Public Utilities Commission Docket No. 02A -524G, No. 02A -522G Staff of CPUC's Unopposed Motion for Extension of Time and Re uest for Waiver of Response Time — 5/12/03 Unopposed Motion of Kinder Morgan & Rocky Mtn. Natural Gas for Extension of Time to File Stipulation to Reset Hearing Date and to Request Waiver of Response Time — 5/29/03 Interim ORDER Granting Unopposed Motion for Extension of Time Interim ORDER - Hearing set 7/14/03 I IIIIII VIII IIIIII IIIIII COUNTY VIII III IIIIII IIIIIII 840 0 of 2:sea IIIIII VIII IIIIII IIIIII IIII IIIIII VIII III IIIIII III IIII 6/8 B 2 033' 12952P SILVIA DAVIS PITKIN COUNTY CO R 96.60 D 0.0 r. EXHIBIT A A parcel of land situated in Sections 16 and 21, Township 9 South, Range 85 West of the 6th P.M. being a portion of the Cozy Point Ranch as described in Book 690 at Page 5 of the Pitkin County records described as follows: Beginning at a point on the Westerly boundary of the Dedicated Open Space Parcel of the Cozy Point Ridge Subdivision recorded in Plat Book 22 at Page 26 of the Pitkin County records whence the Northwest corner ofl�ection 16 (1913 Brass Cap) bears N 20021149" W 502.66 feet; thence N 69023'59" E 674.16 feet to the Northwesterly right of way of Colorado State Highway No. 82; thence Southerly along the Westerly right of way of Colorado State Highway No. 82 as described in Book 157 at Pages 53B, 539 & 540 and Book 575 at Page 976 as follows: S 4103313711 E 395.21 feet; 591.57 feet along the arc of a curve to the right whose radius is 1,382.50 feet (chord bears S 29018107" E 587.07 feet); S 17°0213711 E 1,360.80 feet; 130.20 feet along the arc of a curve to the right whose radius is 2,815.00 feet (chord bears S 15043107" E 130.19 feet); S 1402313711 E 2,435.30 feet; 131.14 feet along an arc of a curve to the left whose radius is 5,780.00 feet (chord bears S 15002137" E 131.14 feet); S 15040145" E 912.95 feet; S 74021' W 20.0 feet; S 020471 W 63.2 feet; S 15039' E 50.0 feet; S 64028'14" E 53.22 feet; S 15040-45" E 2,039.41 feet; S 15041-37" E 2,084.63 feet to the Northerly right of way of Brush Creek County Road; thence Westerly along the Northerly right of way of Brush Creek County Road as follows: S 43043117" W 116.15 feet; S 73032100" W 145.71 feet; 404.44 feet along an arc of a curve to the left whose radius is 1,005.70 feet (chord bears S 62000146" W 401.72 feet; thence N 190441 W 38.62 feet to the Southeast corner of Brush Creek village Subdivision Filing 2 as Platted; thence Northerly along the Easterly line of Brush Creek Village Subdivision Filing 2 as Platted as follows: N 190441 W 390.00 feet; N 310251 W 732.00 feet; N 24000' W 1,831.29 feet; N 640551 W 340.50 feet to the Easterly line of the Elay Parcel described in Book 228 at Page 599 of the Pitkin County Records; thence Northerly along the Easterly line of said Elay Parcel as follows: N 2504812011 E 153.17 feet; 370.63 feet along an arc of a curve to the left whose radius is 531.95 feet (chord bears N 0505015611 E 363.18 feet); 197.92 feet along an arc of a curve to the right whose radius is 630.00 feet (chord bears N 05006140" W 197.11 feet); N 0305312011 E 576.86 feet; thence N 0700113211 W 1,942.73 feet to the Westerly line of the 000023 EXHIBIT A (Continued) Dedicated Open Space Easement of the Cozy Point Ridge Subdivision; thence N 20021149" W 3,989.84 feet along the Easterly line of said Open Space Easement to the point of beginning. COUNTY OF PITKIN, STATE OF COLORADO. 48472of 6019 11111111 III 111 00 6/30/2003 12:52P 000024 1 ` • ! MATCH I NE T\� SHEET•, 01 tq $ Df`CAfEO �'• EASE ENi r es e [n nnn nqn r. sn rn rqn[[[ \ w\ SCALE ELAY sl} pApcEt ¢= o 7 r JUNIPERHILLS DRIVE RECORDING CERTIFICATE a BRUSH CBEEA YILIAGF SUBDIYISIBN IMPROVEMENT SURVEY _ — — — 1 FILING 1 �, ROAMM FORK PARTAER.S 1 I s .XiA COZY POINT RANCH PARCEL • PITKIN COUNTY. COLORADO �' .\ / ASPEN SURVEY ENGINEERS. INC. [ r�wu �wr.n.nn KEDICIN\�,�/IVMCC SHEET 1 OF 2 BOR ROAD - 00002b I SCALE wN.n N CERTIFICATION .'L 'VI _ >t DEDICATED OPEN SPACE EASEMENT\\ 'o ..........o -J"1 00002 1' 1 1 1 MATCH LINE SHEET I LEGAL DESCRIPTION LEGEND & NOTES ASPEN SURVEY ENGINEERS. INC. THE CITY OF ASPEN Capital Asset Department September 14, 2015 Pitkin County Community Development Department Dear Planning and Zoning Commission, The City of Aspen hereby permits Evan Pletcher, Project Engineer for the City, to process a Locations and Extent Review and represent the City of Aspen for the Cozy Point property in regards to the following addresses: 210 Juniper Hill Dr (Bachelor Quarters) 34702 Hwy 82 (Home #2) i4 n 130 SOUTH GALENA STREET 'ASPEN, COLORADO 81611-1975PHONE 970.429.1779 FAx 970.544.5378 'WEB www.aspenpitkin.com Evan Pletcher, Project Engineer ' Cell 987.0208 ' evan.pletcher@ccityofaspen.com 000021 JUNIPER HILI ROAD FIRE DEPARTb:ENT VEHICIE ACCE38 FRCP HIGHT,1!AY 82 T Fire Ext ACUA OCCUFANCY � A3BEMBLY ?OINTI 220'dun per Hill Ac v ea Cen e Cozy Point Ranch Fire Safety Evacuation Plan 000023 210 Juniper Hill Road Barn Isle with etalle Barn Office and Bachelor Qtre. 34702 Hwy 82 Home 2 Maint: Barn. -,3469e y 82 Bus. C ice 34700 Hwv 82 i Home #I(BunkHeuBe)__ Historic Red Barn Property e Address (Assessor's Records) 220 JUNIPER HILL RD Address (GIS Points) 210 JUNIPER HILL DR Address (GIS Points) 34700 HWY 82 Address (GIS Points) 34702 HWY 82 Address (GIS Points) 34704 HWY 82 Address (GIS Points) 34698 HWY 82 Address (GIS Points) 220 JUNIPER HILL DR Account R014797 Owner CITY OF ASPEN Owner Address 130 S GALENA ST ASPEN, CO 81611 GIS Parcel Size 167.952 Acres Jurisdiction Pitkin County Township, Range, Section T:9, 11:85, 5:21; T:9, 11:85, 5:16 Services Sewer System Aspen Consolidated Sanitation District Woody Creek Mobile Home Park Water District No Water Service Fire District ASPEN FIRE PROTECTION DISTRICT School District ASPEN SCHOOL DISTRICT NO 1 RE 000029 Boundaries Caucus Not within a Caucus Area Master Plan Area Not within a Pitkin County Master Plan Area Zone District AR -10 Historic District Not within a Historic District. Watershed Drainage Woody Creek -Roaring Fork River Woody Creek -Roaring Fork River Watershed Subbasin Brush Creek -Roaring Fork River Dry Woody Creek -Roaring Fork River Voting Information Voting Precinct 7 State House District 61 State Senate District 5 Board of County Commissioners Districts 3 U.S. House of Representatives District 3 Public Amenities Parks Nearby (1/2 Mile) one within 1/2 mile of this property. Trails Nearby (1/2 Wilton Jaffee Aspen Mass Rio Grande - Walking Path Intercept Lot Connector Cozyline McLain Flats Rd Cory Pony Loop Rio Grande - Woody Creek Woody Creek Rd Brush Creek Upper River Rd Twining Flats / HWY 82 Chapparal Rio Grande - RF Gorge Open Spaces Nearby (1/2 Mile) Aspen Mass French Mills W/J Area "D"/Jaffee Park W/J Area "F" Cory Point W/J Area "E" Cozy Point South Cozy Point Archery Range Wilton Jaffee Sr. Park Airport Ranch Pitkin County GIS presents the information and data on this report as a service to the public. Every effort has been made to ensure that the information and data contained in the report is accurate, but the accuracy may change. Pitkin County GIS makes no warranty or guarantee concerning the completeness, accuracy, or reliability of the content at this site or at other sites to which we link. Assessing accuracy and reliability of information and data is the sole responsibility of the user. The user understands he or she is solely responsible and liable for use, modification, or distribution of any information or data obtained on this web site. Data is presented in WGS 1984 Web Mercator. Size, shape, measurement and overlay of features may be distorted. In some cases, multiple results could be valid; for example, Zoning. In other cases, a parcel may cross over the boundary of more than one data area, for example, multiple Precincts. More information about Trails, Parks and Open Space can be found www.pitkinoutside.org. Visit the Pitkin County GIS Department at 000030 I 000031 013 qo� 3 LIV z uj w d= c n 0 0 m acv w Z m 0 u ~ N y O 5 O H O O Y d C N ZEA$ o G� E E pA C C d O C a iUc �xg a q • F.4 pO O a m S 2 i � m N V q _ - r I N E Alp* �I •� P Q Y y 000031 Property Inf• Address (Assessor's Records) 220 JUNIPER HILL RD Address (GIS Points) 210 JUNIPER HILL DR Address (GIS Points) 34700 HWY 82 Address (GIS Points) 34702 HWY 82 Address (GIS Points) 34704 HWY 82 Address (GIS Points) 34698 HWY 82 Address (GIS Points) 220 JUNIPER HILL DR Account R014797 Owner CITY OF ASPEN Owner Address 130 S GALENA ST ASPEN, CO 81611 GIS Parcel Size 167.952 Acres Jurisdiction Pitkin County Township, Range, Section T:9, R:85, S:21; T:9, 11:85, S:16 000032 Sewer System Aspen Consolidated Sanitation District Woody Creek Mobile Home Park Water District No Water Service Fire District ASPEN FIRE PROTECTION DISTRICT School District ASPEN SCHOOL DISTRICT NO 1 RE 000032 Boundaries 0 Caucus Not within a Caucus Area Master Plan Area Not within a Pitkin County Master Plan Area Zone District AR -10 Historic District Not within a Historic District. Watershed Drainage Woody Creek -Roaring Fork River Woody Creek -Roaring Fork River Watershed Subbasin Brush Creek -Roaring Fork River Dry Woody Creek -Roaring Fork River NO TAX — PUBLIC LAND 0 $0.00 Total 0 $0.00 Voting Information Voting Precinct 7 State House District 61 State Senate District 5 Board of County Commissioners Districts 3 U.S. House of Representatives District 3 Public Parks Nearby (1/2 Mile) None within 1/2 mile of this property. Trails Nearby (1/2 Wilton Jaffee Aspen Mass Rio Grande - Walking Path Intercept Lot Connector Cozyline McLain Flats Rd Cory Pony Loop Rio Grande - Woody Creek Woody Creek Rd Brush Creek Upper River Rd Twining Flats / HWY 82 Chapparal Rio Grande - RF Gorge Open Spaces Nearby (1/2 Mile) Aspen Mass French Mills W/J Area "D"/Jaffee Park W/J Area "F' Cozy Point W/J Area "E" Cozy Point South Cozy Point Archery Range Wilton Jaffee Sr. Park Airport Ranch Pitkin County GIS presents the information and data on this report as a service to the public. Every effort has been made to ensure that the information and data contained in the report is accurate, but the accuracy may change. Pitkin County GIS makes no warranty or guarantee concerning the completeness, accuracy, or reliability of the content at this site or at other sites to which we link. Assessing accuracy and reliability of information and data is the sole responsibility of the user. The user understands he or she is solely responsible and liable for use, modification, or distribution of any information or data obtained on this web site. Data is presented in WGS 1984 Web Mercator. Size, shape, measurement and overlay of features may be distorted. In some cases, multiple results could be valid; for example, Zoning. In other cases, a parcel may cross over the boundary of more than one data area, for example, multiple Precincts. More information about Trails, Parks and Open Space can be found www.pitkinoutside.org. Visit the Pitkin County GIS Department at http://www. pitkinmapsanclmo.,e.con 000034 n a o p 9 ^ Z m ' o uj N r wca 01010 3.m o O t T U � O Q d L : O LL N C E E Ko i"I mm OE S5 u E c = a0 <0 c �Si iUE n N y u mag a N o � O a LL � ^ 8 ,r c •1"I � � v a`vo n 8 � m N� a o � 9 f M � wow IN " a o z .ii o = a+ W .iL 000034 000035 s rn- LE 8 m c i LL m s win to = 0A° aid D O `o IL o >; u Qc 12f Z m y 0�3� E O ¢ 0 C y m N 0 G N N O E p� z ry N C E n� ON 35 m N 2' S o u E c > a O rn Q Fj1 s U � c 4 t W's u c n ? RS � N + N m = N mF-4 O N r' a 5 `Fi 3 3 1� 14 � a 000035 00003UG 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 000031 Tax Area Account ILParcel Number Number F - Property Type 2014 Mill Levy 057 R014797 264321200851 EXEMPT 27.639 Primary Owner Name and Address CITY OF ASPEN 130 S GALENA ST ASPEN, CO 81611 Additional Owner Detail COZY POINT RANCH Business Name Legal Description Section: 16 Township: 9 Range: 85 COZY POINT RANCH PARCEL OF LAND IN SEC 16 & 21-9-85 Location Physical Address: 220 JUNIPER HILL RD ASPEN Physical Address: 12FI0 JUNIPER HILL RD ASPEN Physical Address: 34698 HWY 82 ASPEN Physical Address: JFT700 HWY 82 ASPEN W http://www.pitkinassessor.org/assessor/parcel.asp?AccountNumbec=RO14797 9/9/2015 Parcel Detail Page 2 of 3 000033 Physical Address: 134702 HWY 82 ASPEN Physical Address: JF34704 HWY 82 ASPEN Subdivision: 0 Land Acres: 166.182 Land Sq Ft: 0 Section Township Range 16 11 9 85 2015 Property Value Summary Actual Value Assessed Value Land: 30,000,000 2,388,000 Improvements: 2,864,500 228,010 Total: 32,864,500 2,616,010 Sale Date: I 10/7/1994 Sale Price: 3,200,000 Additional Sales Detail Basic Building Characteristics Number of Residentia 3 Buildings: FIRST FLOOR: Number of Comm/Ind 0 Buildings: Property Class: http://www.pitkinassessor.org/assessor/parcel.asp?AccountNumber=R014797 9/9/2015 Residential Building Occurrence 0 Characteristics FIRST FLOOR: 480 Total Heated Area: 480 Property Class: 9240 Actual Year Built: 1950 Effective Year Built: 1965 Bedrooms: F- -Baths:] F2 - Quality of Construction: Quality FAIR Exterior Wall: LOG 9" - Interior Wall: BASE http://www.pitkinassessor.org/assessor/parcel.asp?AccountNumber=R014797 9/9/2015 Parcel Detail Page 3 of 3 L Floor: JOASE Heat Type: WALL/CONVE Heating Fuel: GAS Roof Cover: ROLL COMP Roof Structure: GABLE/HIP Neighborhood: BRUSH CREEK ROAD M&B Super Nbad: CITY OF ASPEN Top of Page Assessor Database Search Options Assessor Home Page 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 - 2015 Good Turns Software. All Rights Reserved. Database & Web Design by Good Turns Software. 000039 http://www.pitkinassessor.org/assessor/parcel.asp?AccountNumber—RO14797 9/9/2015 PITIQN COUNTY PRE -APPLICATION CONFERENCE SUMMARY LOCATION: Cozy Point Ranch ZONE: AR -10 OWNER/APPLICANT: City of Aspen REPRESENTATIVE: TBD PHONE: PLANNER: Mike Kraemer DATE: August 7, 2015 PARCEL ID #: 264321200851 PARCEL SIZE: 167 acres EMAIL: PHONE: (970) 920-5482 E-MAIL- michael.kraemer(i oitkincounty.com Type of Application: Locatidn and Extent Review *"lk Description of Project/Development: The Applicant proposes to convert a space within an existing barn into a legal dwelling unit. It has been stated that the dwelling unit already exists in the barn however no permits can be found for its construction. Land Use Code Sections to be addressed in letter of request faoolicationl: ➢ 2-30-30(h)(10): Location and Extent Review — Brush Creek Master Plan Review by: Planning and Zoning Commission Public Hearing: Yes. Notice is required via posting, mailing and publication. The Applicant shall post a public notice sign on the property at least 15 days prior to the date specified for the hearing pursuant to Sec. 2-20-100(a)(3) of the Land Use Code. In addition, the Applicant shall mail notice at least 30 days prior to the public hearing (by fust class mail) to all property owners within 300' of the subject property with the return address of the Community Development Department (form of notice to be obtained from the Community Development Department). The names and addresses shall be those on the current tax records of Pitkin County, as they appear no more than 60 days prior to the date of the public hearing. Staff will refer the application to the following agencies: Zoning, EH (Kurt Dahl) A FEES: $1,256.00 (make check payable to "Pitkin County Treasurer") ■ $975 Planning Office flat fee (non-refundable; based on 3 hours of staff time; if staff review time exceeds 4 hours, the Applicant will be charged for additional time above 3 hours at a rate of $325/hour) • $54 Publication Fee • $227 Environmental Health referral fee To apply, submit 1 copy (unbound) of the following information, unless noted otherwise: 1. Summary letter explaining the request, explaining existing conditions, providing background on prior approvals and permits, and addressing compliance with the Code sections listed above. 2. Application Submission Requirements for Location and Extent Review as detailed in Section 2.2.23 of the Pitkin County Application Manual — 24" by 36" and 11" by 17". 3. 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. 4. Legal Description of the property. 5. Consent from the owner of the property for the representative to process the application and represent the owner, 6. Street address and parcel description, including legal description, and 8-1/2"x 11" vicinity map locating the subject property within Pitkin County; 000040 r Ir 7. Executed Pitkin County Community Development Agreement for Payment of Land Use Application Fees form (1 copy — form attached); 8. List of all property owners within 300' of the subject property (1 copy); and 9. Copies of this pre -application Conference Summary Sheet. NOTES. PLEASE SUBMIT TWO UNBOUND AND ONE-SIDED COPY OF YOUR COMPLETEAPPLICANON. PLEASE SUBMIT TWO-SIDED COPIES OFALL REMAINING COPIES OF YOUR APPLICATION (IFPOSSIBLE). THE PARCEL IDs SHOULD BE WgUDED ONALL DOCUMENTSINCLUDED IN YOUR APPLICATION. ..c ALL MAPS SHALL BE FOLDED. One copy of submittal materials shall have all documents in format no larger than 8 ZI2-by ll'. ➢ 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 staffs interpretations based upon representations of the applicant. Additional information may be required upon a complete review of the application. ➢ The Pitkin County Code and Land Use Application Manual can be found at the following link: http://www.pitkincounty.com/DocumentCenter/HomeNiew/248 iew/248 000041 PHIM COUNTY COMMUNITY DEVELOPMENT DEPARTMENT AGREEMENT FOR PAYMENT OF LAND USE APPLICATION FEES PITKIN COUNTY (hereinafter COUNTY) and I1\e L Y -oi As (hereinafter APPLICANT) AGREE AS FOLLOWS: D 1. APPLICANT has submitted to COUNTY an application for L0 2--Y Po 'rA (hereinafter, THE PR JECT). 2. APPLICANT understands and agrees that Pitkin County Ordinance No. 30-2009 establishes a fee structure for land use applications and the payment of A cessing fees is a condition precedent to a determination of application completeness. The fee stmMis 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- 5 S. which is based on 3 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 4/9/08 G:county\admin\forms\agreement to pay 000042 APPLICANT t�w� PIlk�ke,� Print Name Signature Date: 9 It Z4 115 Mailing Address: 130 5, (va 1 "*- 56ryt+ Asm cc 81( 1p Pitkin County Mailing List of 300 Feet Radius From Parcel: 264321200851 on 09/09/2015 KIN COUNT" Instructions: This document contains a Mailing List formatted to be printed on Avery 5160 Labels. If printing, DO NOT "fit to page" or "shrink oversized pages." This will manipulate the margins such that they no longer line up on the labels sheet. Print actual size. Disclaimer: Pitkin County GIS presents the information and data on this web site as a service to the public. Every effort has been made to ensure that the information and data contained in this electronic system is accurate, but the accuracy may change. Mineral estate ownership is not included in this mailing list. Pitkin County does not maintain a database of mineral estate owners. Pitkin County GIS makes no warranty or guarantee concerning the completeness, accuracy, or reliability of the content at this site or at other sites to which we link. Assessing accuracy and reliability of information and data is the sole responsibility of the user. The user understands he or she is solely responsible and liable for use, modification, or distribution of any information or data obtained on this web site. http://www.pitkinmapsandmore.com 000043 A .VAUREQUI CHILDREN 1/9 INT EACH ZANNI LISA A & JOEL C DOURNEL SPARLIN TRUST PO BOX 896 PO BOX 8882 PO BOX 2363 SILVER CITY, NM 88062 ASPEN, CO 81612 ASPEN, CO 81612 TARUM WNZ ALEXIS III & NICOLE TESI RIVERHOUSE LLC WICHITA DEVELOPMENT COMPANY 50% 611 TWINING FLATS RD 1100 TOBLER RD 8 WHITE ROCK TR ASPEN, CO 81611 KNOXVILLE, TN 37919 ALLEN, TX 75002 WHITE JILL LARSON MARIA MADELEINE 2012 TRUST - RANNEY JON CLARK REV TRUST PO BOX 586 W233 N2869 ROUNDY CIRCLE W 722 UPPER RANCH RD WOODY CREEK, CO 81656 PEWAUKEE, WI 53072 ASPEN, CO 81611 RANNEY MAYBETH MYERS REV TRUST MOHRMAN WILLIAM GEORGE JR SANDITEN EDWARD STANLEY 722 UPPER RANCH RD MOHRMAN JANET DIANE PO BOX 11566 ASPEN, CO 81611 567 TWINING FLATS RD ASPEN, CO 81612 ASPEN, CO 81611 LUSK STUART SALENTINE R C & BRIDGET WEBER JAMES D PO BOX 8232 PO BOX 11656 PO BOX 9218 ASPEN, CO 81612 ASPEN, CO 81612 ASPEN, CO 81612 CITY OF ASPEN HUTCHINSON DEBORAH M RUTGERS ANTHONY L & DIANE 130 S GALENA ST PO BOX 240 256 TWINING FLATS RD ASPEN, CO 81611 WOODY CREEK, CO 81656 ASPEN, CO 81611 WALDRON K BRENT & CONSTANCE K GAGE DENNIS & REGINA FAM TRST SHELLMAN DWIGHT K JR TRUST PO BOX 4900 32403 CALLE PERFECTO PO BOX 2710 ASPEN, CO 81612 SAN JUAN CAPISTRANO, CA 92675 ASPEN, CO 81612 FABRIZIO BRUCE P WEISS ELLEN S TRUSTEE SCHEINBAUM JEROME & JILL 1407 BAYSIDE DR PO BOX 3078 608 JUNIPER HILL RD CORONA DEL MAR, CA 92625 ASPEN, CO 81612 ASPEN, CO 81611 COLORADO DEPT OF TRANSPORTATION CLARK HAROLD FRANKLIN JR SHERMAN RITA STATE OF COLORADO 1280 UTE AVE #16 652 UPPER RANCH RD 4201 E ARKANSAS AVE ASPEN, CO 81611 ASPEN, CO 81611-9611 DENVER, CO 80222 CLEARY WILLIAM J GARDNER TODD & KATHARINE SELLS GEORGE 26 TWINING FLATS RD 1235 RED BUTTE DR 422 E COOPER AVE ASPEN, CO 816119730 ASPEN, CO 81611 ASPEN, CO 81611 w fITKIN COUNTY 530 E MAIN ST #302 ASPEN, CO 81611 WOODS RANSOM B III TRUST PO BOX 11468 ASPEN, CO 81612 SWATTA CHRISTOPHER F UND PO BOX 9083 ASPEN, CO 81612-9083 MCKENNEY SHEILA A PO BOX 3833 ASPEN, CO 81612 MULLIGAN JOHN C & DEBORAH K 250 UPPER RANCH RD ASPEN, CO 81611 SAFCHIK MINDI REINGOLD 474 UPPER RANCH RD ASPEN, CO 816119611 000045 HAARUKKA LLC GRAYSON GERALD 15 IONA AVE SW #505 10147 BLUFFMONT LN GRAND RAPIDS, MI 49503 LONE TREE, CO 80124 WOODS JEANNE E TRUST BIALEK STANLEY UND PO BOX 11468 1789 MEDICINE BOW RD ASPEN, CO 81612 ASPEN, CO 816119621 DEGOLYER HELEN W TRST DEWOLFE BRIAN A 4925 GREENVILLE AV #1151 13 OCEAN ST DALLAS, TX 75206-4019 PALM COAST, FL 32137 MILLER BRADLEY R MAKAR LAURA C FAVOUR MOLLIE PO BOX 408 606 WESTMINSTER AVE ASPEN, CO 81612 VENICE, CA 90291 SANDERS CURTIS B & CATHERINE B GILMARTIN KEITH & JESSICA 402 UPPER RANCH RD 60 TWINING FLATS RD ASPEN, CO 81611 ASPEN, CO 81611 ASPEN PROPERTIES HOLDINGS LP 301 COMMERCE ST #3300 FT WORTH, TX 76102 MISCELLANEOUS DOCUMENTS PUBLIC NOTICE RE: Cozy Point Ranch Location and Extent Review (Case #P069-15; PID 2643-212-00-851) NOTICE IS HEREBY GIVEN that a public hearing will be held on Tuesday, November 10, 2015 at a regular meeting to begin at 5:00 p.m. or as soon thereafter as the conduct of business allows, before the Pitkin County Planning and Zoning Commission, at the Truscott Meeting Room 39551 Hwy 82, Aspen CO 81611 to consider an application submitted by City of Aspen (130 South Galena, Aspen, CO 81611) requesting to legalize two (2) existing dwelling units at the Cozy Point Ranch. The property is located at 220 Juniper Hill Road and is legally described as a parcel of land situated in Sections 16 and 21, Township 9 South, Range 85 West of the 6th P.M. The State Parcel Identification Number for the property is 2643-212-00-851. The application is available for public inspection in the Community Development Department, City Hall, 130 S. Galena St., Aspen, CO 81611. Comments or objections due by October 30, 2015. For further information contact Mike Kraemer at the Pitkin Community Development Department (970) 920-5482. Mirte Mallory Chair Pitkin County Planning and Zoning Commission Published in the Aspen Times Weekly on October 8, 2015. Pitkin County Account 002.02. Public Private Attention Applicant/Representative: It is your responsibility to do the following: 1. Mail this Public Notice to all adjacent property owners and mineral estate owners 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://pitkincounty.com/DocumentCenter/View/6000 a(y�3-alb-oo-�''�l Form No. OFFICE OF THE STATE ENGINEER GWS -25 COLORADO DIVISION OF WATER RESOURCES 818 Centennial Bldg., 1313 Sherman St., Denver, Colorado 80203 (303) 8663581 EXST WELL PERMIT NUMBER 68020 -F _ APPLICANT DIV, 5 WD 38 DES. BASIN MD APPROVED WELL LOCATION PITKIN COUNTY SE 1/4 NW 1/4 Section 21 CITY OF ASPEN Township 9 S Range 85 W Sixth P.M. C/O WATER DEPARTMENT DISTANCES FROM SECTION LINES 130 SOUTH GALENA STREET 1743 Ft. from North Section Line ASPEN, CO 81611- 2067 Ft. from West Section Line (970) 920-5111 UTM COORDINATES (Meters.Zone:13 NAD83) CHANGEIEXPANSION OF USE OF AN EXISTING WELL Easting: Northing: ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT CONDITIONS OF APPROVAL 1) This well shall be used in such a way as to cause no material injury to existing water rights. The issuance of this permit does not ensure that no injury will occur to another vested water right or preclude another owner of a vested water right from seeking relief in a civil court action. 2) The construction of this well shall be in compliance with the Water Well Construction Rules 2 CCR 402-2, unless approval of a variance has been granted by the State Board of Examiners of Water Well Construction and Pump Installation Contractors in accordance with Rule 18. 3) Approved pursuant to CRS 37-90-137(2) for the use of an existing well, appropriating ground water tributary to the Roaring Fork River, on the condition that the well shall be operated only when the Basalt Water Conservancy District's substitute water supply plan, approved by the State Engineer, is in effect and when a water allotment contract between the well owner and the Basalt Water Conservancy District for the release of replacement water from Ruedi Reservoir is in effect, or under an approved plan for augmentation. BWCD contract #557. 4) Approved for the installation of a pump in, and the use of, an existing well, constructed on September 22, 2008, to a depth of 260 feet under permit no. 278444 (canceled). Issuance of this permit hereby cancels permit no. 278444. 5) The use of ground water from this well is limited to fire protection, ordinary household purposes inside eight (8) employee housing units, one (1) efficiency apartment unit, drinking and sanitary facilities for a commercial business, including an office and day use facilities, thirty-five (35) riding students and the watering of two hundred (200) head of domestic animals and livestock on a farts or ranch. All use of this wall will be curtailed unless the water allotment contract or a plan for augmentation is in effect. This well is known as Cory Point Ranch Well no. 2. 6) The pumping rate of this well shall not exceed 15 GPM. 7) The average annual amount of ground water to be appropriated shall not exceed 6.926 acre-feet (2,256,837 gallons). 8) The owner shall mark the well in a conspicuous place with well permit number(s), name of the aquifer, and court use number(s) as appropriate. The owner shall take necessary means and precautions to preserve these markings. 9) This well shall be located not more than 200 feel from the location specified on this permit and at least 600 feet from any existing well, completed in the same aquifer, that is not owned by the applicant. 10) A totalizing flow meter must be installed on this well and maintained in good working order. Permanent records of all diversions must be maintained by the well owner (recorded at least annually) and submitted to the Division Engineer upon request. NOTE: This permit will expire on the expiration date unless a pump is installed in this existing well by that date. A Pump Installation and Test Report (GWS -32) must be submitted to the Division of Water Resources to verify that a pump has been installed. A one-time extension of the expiration date may be available. Contact the DWR for additional information or refer to the extension request forth (GWS -64) available at: http:/twww.water.state.w.us/pubstfoms.asp NOTE: Existing well, permit no. 152722 and existing monitoring observation hole, file no. MH -30926 were previously constructed in this same 1/4,114 section. NOTE: Parcel Identification Number (PIN): 49-2643.212-00-651 NOTE: Assessor Tax Schedule Number: R014797 (totaling 166.18 acres) 09 APPROVED DMW � +✓fA State En - r By ,Receipt No 9503190 DATE ISSUED 04-22-2009 EXPIRATION DATE 04-22-2010 COLORADODIVISIONIO NAT WATER RESOURCES DEPARTMENT AL ES Of(�J,ySypp���D R�A - ( ) REGLGs K , RM 818, 1313 SHERMAN ST, RM 616, DENVER CO 80203 DENVER CO 80 - - phone— Info: (303) 866-3587 main: (303)866-3581 fax: (303) 888-3589 h: w °. DEC 0 8 .08 APR 13 M JAN 11 2glo GENERAL PURPOSE Water Well Permit Application MgTER w 9ATE NGikil. Rt:80URCF�ATE ENGfivI (_; Review Instructions on reverse side prior to completing form. The form must be completed in black or blue Ink or typed. yWru. ncauuttq� WATE ll OMM SATS ENOINEEER COLO a.Mtxit 1. A IicaM Information 6. Use Of Well check applicable boxes I f Aspen City of Aspen Attach a detailed description of uses applied for. Waterddra® ar ment ❑ industrial ❑ Outer (describe): Please see Attachment 3 ® Municipal (including Basalt Water Conservancy District Mdlns a 130 South Galena Street O Irrigation Water Allotment Contract) ® Commercial aty I sole apcods Asp® 1CO 81611 7, Well Data (proposed) TalepMrea Emtl(DpdarM) (970) 920-5111 U01'r. n ptanpng nm m 15 9 MarvM amwn m W wltlMawrr 7.0 acre -feel 2. Type Of Application (check applicable boxes) O Construct new well O Use well tingor Tote) dapm Aµre. Replace ❑ Replace existing web ❑ Change a Increase use Change I 260 feet All unnamed a ers 9mf O Charge source (aquifer) O Reapplication (expired permit) 6. Land On Which Ground Water Will Be Used ® Other Existing well converted to production well Legal Description (mayee pre0000 as m aeechnantk Please see Attachment 2f Exhibit A 3. Refer To (if applicable) waepamrxa wao,cwns®a 278444 (Attachment 1) (ff used for crop irrigwon, attach a scaled map that chows Irrigated arae. Dealgutea Barin lldarriretlmt Woe name as 4. Location Of Proposed Well county Pitkin County SE 114dbe NW ver A. jt o B. own. 166 City of Aspen To-," Nors Persia EwW PdmpMMadkfien C. LiN aryoerorweE awaYrey6reed pn tla laid: Please see Attachment 4, Exhibit 21 9 00 85 ❑ ® 6th P.M. Wlwiwdwsl hprn ascan erw(eecfon eros an typcaeynol prte.ryBroa) 1743 R.frem ® N ❑ S 2067 R hen O E O W 9. Proposed Well Driller License o Bonar :1095 radawmentwdborvy-dreonee.rddrapeon oowdlmnaewan 10. Signature Of Applicants) Or Authorized Agent feet direction The making of false statements herein constitutes Perjury in the second degree, which is punishable as a class l misdemeanor pursuant to C.R.S. was boson address(bdudeary. Sana, apt L1 ctwa dwee adNoa is atm tem 1. 210 Juniper Hill Rd. 24-4-104 (13)(8). 1 have read the statements herein, know the contents Aspen, CO. 81611 thereof and state that tit are true to my knowledge. Optional: GPS well bcaBon Information In UTM forme! You must check GPS unt for 5 here Must oo orblrulamre /. Data required aetings as foFows: - 1 ramMmrd pa urM Pddrwn. a des O lo -r t].O Zms 13 Faserrg \L LVJDIl4. R, DeM muNaslebs D hwatn,aNADe3 Northing ffice Use Only lAemualte setm he north USGSmapname DWRmapro. Surha edw. was GPS tare drerkad for shote? [I WS Remember to eel Datum to NAD83 I 5. Parcel On Which Well Will Be Located �daf<41,.' �`j Receipt �� only PLEASE ATTACH A CURRENT DEED FOR THE SUBJECT PARCEL +g /S2722 A. Legal Description (me/ee pmddednan aaedmertk Please see Attachment 2,Exhibit A a^r (Pee -14" &146,1013 M,so-s Crt #6 ot,A WEE166 B. odwminparcal C. Owner City of Aspen wa cww Ar,r: {9-2653—z�2 00— 911 D. wsbeme.pdywalmftpwcel?OYESENo(dro-vtdnM ) (1) Existing well, permit no. 152722 Tom O/yf 7Q7�i/sHI+.,J MF SBS �� E. Soo Parte tw (apaanelk DN WD BA MO RECEIVU. JAN 112010 COLOR)WO OF WATER RESOUR S T _ �) °1ltftWE DEPARTMENT OOF NATURAL RESOURCES D COLO 1313 SHERMAN ST, RM 818, DENVER, CO 80203 Phn*-hdw(303)888.3587 main: (303)8W3581 f=(303)85&3589 DEC 0 8 '08 GENERAL PURPOSE Water Well Permit Application water.—.VUAClie Ravlew instructions on reverse side prorto completing form. iAIIE 6010 a The form must be comPleled In black or blue Ink or typed. /Q.F G�T/S".M1c 1. Agnpllrarri Information 6. Use Of Well check applicable boxes ebma Kia. Anach a detailed dese dWon of uses 31310ed for. City of Aspen 0 Industrial 0 other (descrIDe): Please see Attachment 3 Water artmmt ® Mulucipal (including Basalt Wata Conservancy District 0 kagalion Wata Allotment Contract) ®Commercial 130 Smith Galma Strad car aoxe Aspen CO 81611 7. Well Data (proposed) alpaanaa Embll tivW) aatl xrrPV4 ye MWY aeuedr4 WYve•n (970)920.5111 1 15 9en 15 7.0 ane4eet 2. Type CH Application (check applicable boxes) 4aDh 260 yet All unnamed agndfas D Construct new well 0 Use existing wee 0 Replace exisbg well 0 Change or Increase use g, Land On Which Ground Wet" WIII Be Used 0 Charge source (aW Ber) 0 ReariPhcaticn (expired permit) @0111w. Existn well ccnvated to production well Legal Descdpfim (marer orawr6a r, anuanndi Please set Anahmmt anis Exhibit A 3. Refer To (If applicable) wrn , x r,.rraa.a 278444 (Attachment 1) ruead jarerppl ,etlecna salad I shmal edema. Brr Orremarre WMn Qoe 4. Location Of Proposed Well Pitkin CmaitY SE wane h1W t+e A axn.r C ow. 156 Cily of Aspin 166 21 TwrmeV or 9 ❑ ® n 85 0 0 RIMpa an 6th P.M c. se sce wwr mend 4, u Mbit alone Plcax set Attachment 4, Exhibit A vete fmm Salm int Ie skim i�r w qW ry �r waYrY tool 1743 n.fmmO N 0 S 2067 n ^ E] E IR W 9. Pro sed Well Driller License o tional :1095 rwnrxa.m a,y-dwmr..r ne9m nw+wal 10. Signature Of Applicant{s) Or Authorized Agent feet dkecton The making Mike statements here. coagWMs Penury In the Second wV le,g. adder pour Dy. sue, apt j cbkkreYaaN,erkemn In len 1. degree, which is punishable as a class l m6derneanor pursuant to C.RS. 24.4-106 (13xa). I halve reed the statements herein, know Bte contents 210 lunipa Hill Rd. efered and st d, to we in rny knowledge. Aspen, CO. 81611 wrc w 7 /` 1 Optional: GPS well lorllme oa gen Mu rM format You mum ehadk OPS UM for rpuked aeekes u kxlar: - roondmrtm MA rme4ne Du UorOzree13 agog Use Only kwn m,Ne. Mn.eoffice Prrn earLWMAPar Norddng .ruses Rmro n¢ Sufq err.. dninrreerta.rm® 'Nar ePa ua y,egd rurabrt ❑YE6 RemsmWrte NlDNumb NA063 5. Parcel On Which Well Will Be Located 6osft,s�.e.c� Receipt area only LEASE ATTACH A CURRENT DeED FOR THE SUBJECT PARCEL/1.1r 12 Catl^,-iA� A LegalpesaipganlmaYnepmradrrardn+m0 Pleesesa Attachlnmt 2, Exhibit A �nrsrry c.f• :t all B. t�weeN,weel G owns 166 City of Aspin , C1Yce prN' S`9 -z6rf3-z/1 0.-9f/ D. �) (1) Existing well,pamitna152M Taro /^aY4� Ra//f7Q7Cf.s✓' J (66.18Ac-�s� NNIM w0 BA_ MD E areavurl W WaeoralF m DLJ WELL CONSTRUCTION AND TEST REPORT FOR OFFICE USE ONLY STATE OF COLORADO, OFFICE OF THE STATE ENGINEER REC�IVri_. RECE'VWN I j. 2010 SEP 8 0 TE Ei+cx+ L WELL PERMIT NUMBER -4i8444,--- 2. Owner Narne(s): Cozy Point Ranch / City of Aspen Mailing Address: % 1 I 1 K AABC CENG 11 DATER RESOURCES STAT, INEER City, State, Zip: Aspen, CO 81611 Phone # APPROVAL d GWS31-91-03 3 WELL LOCATION A DIR It.I.ED SE 1/4 NW 1/4 Sec: 21 Twp: 9 S Range: 85 W DISTANCES FROM SEC. LINES 1743 & from North Sec. line and 2067 ft. from West Sec. line OR Easting: Northing SUBDIVISION: LOT: BLOCK FILING (UNIT): STREET ADDRESS AT LOCATION GROUND SURFACE ELEVATION ft. DRILLING METHOD Air Rotary 4 DATE COMPLETED: 9/22/2008 TOTAL DEPTH: 260 DEPTH COMPLETION: 260 5. GEOLOGIC LOG 6. HOLE DIAMETER (m) FROM (ft) TO (ft) Depth I Tvpe of Material Size, Color, and T 9.0 0 73 000-027 Black Clay. Dirt 6.5 73 260 027-055 Cobbles, Rocks, Dirt 055-260 Mancos Shale 7. PLAIN CASING OD (m) Kind War Sine From (ft) To (ft) 7.0 Steel 0.240 -1 73 5.5 PVC 0.250 65 200 PERF. CASING : Screen Slot Sive 5.5 PVC 0250 200 260 8. Filter Pack 9. Packer Placement Water Located: 200+ Material : Type Size : Depth Remarks : Interval 10. GROUTING RECORD Maovial Amount Deatiry Interval Placement Cement 8 sks 6 sk 11 1040 poured 11. DISINFECTION : Type : HTH AmL Used: 8 oz 12. WELL TEST DATA : () Check Box IfTest Data Is Submitted On Supplemental TESTING METHOD: Air Compressor Static Level: 74 ft. Datefrime Measured 9/222008 Production Rate 15+ gpm Pumlping Level: Total ft. Datelfime Measured 9222008 Test Length: 2 hours Test Remarks : 13. [haver readae,Yaoaomtsmade 6v®ffikowrW,a �� ffitlm W"wooe m MYk0DW dge.(PurmutW 5etim 24-14(13Xa)= Wemhmg dale ome0oiw rode a randdegm md'u ere ache I-mademamrJ CONTI�C TOR : Shelton Drilling Corp. Phone: (970) 9274182 Mailing Address : P.O. Box 1059 Basalt, 93. 801 Lie. No. 1095 Name / Title (Please Type or Print) S' Data Wayne Shelton / President 9242008 el OWS AS -BUILT DRAWING THE LOCATION OF EXISTING AND PROPOSED IMPROVEMENTS SHOWN ARE NOT THE RESULT OF A PROPERTY SURVEY. THE LOCATIONS ARE APPROXIMATE. IT IS THE HOMEOWNERS DUTY TO ENSURE ALL CONSTRUCTION AND IMPROVEMENTS LOCATIONS ARE ACCURATE. ALL SETBACK DISTANCES SHOULD BE CONFIRMED PRIOR TO EXCAVATION. 4" PVC PIPE r31 6 ROWS OF 12'QUICK-4' CHAMBERS, FOR A TOTAL OF 72 CHAMBERS TOTAL AREA = 663 SF NORTH OWS OBSERVATION PIPES ETE BOX WITH BAFFLE 61'SETBACK �1 1 o o WOOD \� \ FRAME m BUILDING 1y \ 1000 -GALLON, N 2 -BEDROOM TWO-COMPARtMItINT PRECAST , CABIN CONCRETE SEPTIC TANK WITH WELL EFFLUENT FILTrR EXISTING 1000 -GALLON ISEPTIC TANK. PARKING L- - - - - - - - - - - - - - - ' WOO FRAME BUILDING COZY POINT RANCH ALL 210 JUNIPER HILL ROAD SERVICE SEPTIC, LLC __ . _. 970-618-5033 J SCALE V= 30• NORTH PRO. NO. 1300 FIGURE 1 OWTS AS -BUILT DRAWING DAY USE FACILITY Lf N 5915A t9 IOB'S].3G 1 olar DRIVE UT- -E J DG. TWCOMPAMENT CONCRETE TANK WIT H FILTER ON OUTLET. TRAFFIC RATED LID WAS INSTALIFD. 2 -BEDROOM CASH IdED CAIN EXISTNG NORTH DRAIN FIELD EXISTWG SEPTIC TANKS S _ 2 -BEDROOM CABIN xaoo rB+re ............... . PARKING EXISTING , CLEANOUT \ ................. EXISTING2COM OBSERVATgN / r SEPTK;LLON \ PIPES (TwJ 81010 TANK W FILTER / v� I o�. SC -4u: I" = 50' \CLEANOUT/ EXISTING D FIELD BARN NIN ;1155 W 108'S3d74 w V NEW SDR W PVC PPE 50 CONNECTED TO PLASTIC N3615.5% EXISTINGSEPTICTANK DISTRBUMN SOX W10B53.188 WITH ACCESS BROUGHT TO GRADE N 3615.521 O W 105'53.182 THREE NEW GAAVELLESS CHAMBER OBSERVATION TRENCHES. EACH NEW TRENCH HAS PIPES (1YP.) 180UICK4CHAMBERS. 56 Imm oen b acek TOTAL NUMBER OF CHAMBERS -54 N 37 1 SA37 W 10813.179 9-FOOTTESTPIT 210 JUNIPER HILL ROAD PITKIN COUNTY, COLORADO ALL SERVICE septic, LLC PO BOX 2844 GLENWOOD SPRINGS, CO 81602 970-6185033 GREEK PRO. NO. 1300 FIGURE 1 PITKIN COUNTY COMMUNITY DEVELOPMENT DEPARTMENT 130 South Galena Street Aspen, Colorado 81611 (970) 920-5526 FAX# (970) 920-5439 September 29, 2015 Evan Pletcher 130 South Galena Street Aspen, CO 81611 Evan.nletcherna,citvofasaen.com Re: Cozy Point Ranch Location and Extent Review (PID#2643-212-00-851; CASE # P069-15) Dear Mr. Pletcher: 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 at a public hearing before the Pitkin County Planning and Zoning Commission on Tuesday, November 10, 2015 at a meeting to begin at 5:00 pm before the Pitkin County Planning and Zoning Commission, in the TruscottMeeting Room, 39551 Hwy 82, Aspen, Colorado. 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 for you to pick up at the Community Development Office. Please note that it is your responsibility to post a public notice sign on the property at least fifteen days prior to the public hearing (and remove it within one week after). You are also required to mail notice (you may obtain a copy of the public notice from our office) 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 given above. 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 Mike Kraemer, the planner assigned to your case, at (970) 920-5482. Sincerely, Bonnie Shiles Administrative Assistant Encl: Affidavit (Code Section 2-20-100) PITKIN COUNTY COMMUNITY DEVELOPMENT DEPARTMENT 130 South Galena Street Aspen, Colorado 81611 Phone (970) 920-5526 FAX (970) 920-5439 MEMORANDUM TO: Building Official Environmental Health Brush Creek Metro District and Homeowners Association Zoning Officer FROM: Mike Kraemer, Community Development Department Michael.kraemer@pitkincopV.com RE: Cozy Point Ranch Location and Extent Review (PID# 2643-212-00-851; CASE# P069-15) DATE: September 29, 2015 Attached for your review and comments are materials for an application submitted by City of Aspen. The Pitkin County Planning and Zoning Commission will review the application on November 10, 2015. Please return your comments to me by Wednesday, October 30, 2015. b=://vitkincoot.com/DocumentCenterNiew/6000 Thank you. PITKIN CONTY COMMUNITY DEVELC&ENT Permit Receipt RECEIPT NUMBER 00038977 Name: CITY OF ASPEN Date:9/17/2015 Project Address: 210 JUNIPER HILL RD Type: check # 196742 Permit Number Fee Description 0069.2015.PLAN PP- Flat Fee 0069.2015.PLAN PP- Public Notice Fee 0069.2015.PLAN PP- EHBNR Referral Fee Total: Amount 975.00 54.00 227.00 1.256.00 PLATS