HomeMy WebLinkAboutpitkin.eh.264507101002 (2004)Permit # 04080
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NO ,',ounty Environmental Health Departn t
Permit for an Individual Sewage Disposal System
0405 Castle Creek Road, Suite 10, Aspen, Colorado 81611
Phone 970-920-5070 / FAX 970-920-5077
Parcel ID # 2645-071-01-002
Type of permit New x Repair( ) Addition/Remodel to House( )
Name of Owner
nnvi(t [;hasp
Street Address 1801 Rose Spur Lane Snowmass CO 81615
Property legal description
Size of lot 30,9347+
MrCahp Ranch
Total square footage of the house 5,749
Water source Shared well for McCabe Ranch homes (4 homes)
# of bedrooms in house 2 # of offices, lofts & similar sized rooms in house
Caretaker unit
# of bedrooms in caretaker unit
Designed for what # rooms (list)
Total square footage of the caretaker unit
# of offices, lofts & similar sized rooms in caretaker unit
3 bedrooms
Permit information
Designed by D9sgyztVwkahQp S G 6
Mailing Address 1
Perc rate 40mpi Profile hole depth 7.5 ft Depth to groundwater or bedrock Greater than 7.5 ft
Minimum Septic tank capacity 1313 gallons Minimum Absorption area 930 sq ft w/ 30% reduction
Comments
Septic permit approved per compliance with the engineer design and specifications dated September 28, 2004.
Any changes must be approved by this department and the design engineerrQ for to them being made.
Minimum horizontal distances between components of the system and physical features shall conform to the Pitkin
County ISDS regulations. The ditch must be lined within 50 feet of the septic tank with 10 mil PVC liner.
This system calls for one '1500 gallon two compartment tank with an effluent filter on the outlet. The field will
consist of 5 rows of 12 gravelless chamber units (total 60) in a bed configuration connected with
There should not be more than 4 feet of cover in any area of the field. 'D- bc;x
This department does not endorse any brand of products. This permit must be kept on-site during installation.
The engineer must do a final inspection of the installation and submit an as -built letter to this department. This
department must also be called for an inspection with a minimum of 48 hours advanced notice.
*Revegetation over the area of the field is very important for the functioning of the system. Pitkin County has guidelines that must be
followed to assure the plants that are introduced are appropriate for the conditions of the area. The use of native plants is strongly
encouraged.
Permit approved by: l C �I dr �T �t Date:i-
Plans and specifications of the proposed individual sewage disposal system have been reviewed and are considered
satisfactory. Permission is hereby granted to the owner or the agent to perform the work indicated in accordance with the Pitkin
County ISDS Regulation in effect at the time of issue. This permit becomes invalid 6 months from the date that the permit was
issued unless system construction has commenced or an extension has been approved in writing by the Department.
As -built drawings must be ii luded with this permit before the final a [oval will b@ issued. \
Installer.
Final approval: ;tr t"1P�?�,4,�C Date: L�
Pitkin County Environmental Health Department
Contact Log Sheet
Name:
Parcel ID#: Address:
Date Person Spoken To Comments / Action to be Taken Initials Time
3w4nD (A
1 1 %I \ .. r —_ \ 1 V . -I _ _, i 1 ♦_ ... 1 1 �. n ..J — r 1 !1 1 1 1
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Pitkin County Environmental Health Department
Contact Log Sheet
Name: 1. P k , t
Parcel ID#: --O-?- — Q —00 Address:
Date Person Spoken To Comments /Action to be Taken Initials Time
ASPEN/I' ITKIN ENV,a.ONMENTAL HEALTH DEPARTNT
ISDS DESIGN CALCULATIONS
Owner's Name Parcel ID #
House Size (sq. ft.) (75 gpd, 100 gpd, or 130 gpd)
Number of Bedrooms in Main House
Number of Offices, Libraries, Studies, Similar -sized Rooms in Main House
Number of Bedrooms in Detached Caretaker unit
Number of Offices, Studies, Similar -sized Rooms in Caretaker Unit
(If the caretaker unit is ATTACHED, treat as if part of main house.)
Average Daily Waste Flow 600
State Review Required? no
Perc Rate 40 (T)
Design Flow (Q) = # potential bedrooms X 2 people/bedroom X gpd X 1.75
Q= 1050
Absorption Area (=Q/ 5 X SQRT perc rate)
A = 1328.1566 sq. ft. of absorption area required
86 gravelless chamber units without reduction
# of Perc Holes Required: 3
1 in every soil type? Spaced uniformly over proposed area?
A maximum 30% reduction is allowed for use of deep gravel or gravelless chambered system,
only if the lot size and soil conditions are optimal.
If a reduction is being proposed, describe why lot size and soil conditions are optimal:
100
3
A = 29.70963 sq.ft. w/30 o reduction 664.078309 sq.ft. w/ 50% trench reduction
60 gravelless chamber 43 gravelless chamber units
Type of system: []Abso sorption bed [] Graveness chambers
[]Dry well []Seepage Pit []Other (type)
Minimum tank capacity1312.5 gallons
SETBACK FROM WELL
# of feet = 104
SETBACK FROM POND, STREAM OR IRRIGATION DITCH
# of feet = 54
SETBACK FROM DRY GULCH
# of feet = 29
Printed on Recycled Paper
SCHMUESER GORDON MEYER
N IINSiURVEYOR.S
September 14, 2005
Carla Block
Pitkin County Environmental Health
0405 Castle Creek Road, Suite 10
Aspen CO 81611
RE: Chase Residence ISDS, Tract B, McCabe Ranch
Dear Carla;
0l
GLENWOOD SPRINGS
ASPEN
1 1 8 W. 6TH, SUITE 200
P.O. BOX 21 55
GLENWOOD SPRINGS, CO 81601
ASPEN, CO 6 1 6 1 2
970-945-1004
970-925-6727
FX: 970-945-5948
FX: 970-925-41 57
The purpose of this letter is to provide documentation that the above -referenced ISDS was installed per the plans
prepared by SGM dated 9/28/04. A site visit was completed 9/8/05 to observe the constructed system. The septic
tank, distribution box and pipe into the chamber system appeared to be constructed properly. The attached plan
shows the approximate location of the as -constructed system for your records.
Please do not hesitate to call should you have any questions or comments regarding this submittal.
Sincerely,
Schmueser Gordon Meyer, Inc
Dan Cokley, P.E.
CC: Jim Wingtielo, New Age homes
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Phone` Date: 101 �0 ( O4
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Phone 970-920-5070 .� `t�� v\LJ \,j 50
Fax 970-920-5077
0405 Castle Creek Road, Aspen CO 81611
SEP. 9.2004 12:47PH CCY ARCHITECTS N0.869 P.2
PITKIN COUNTY ENVIRONMENTAL HEALTH DEPARTMENT
APPLICATION FOR INDIVIDUAL SEWAGE DISPOSAL SYSTEM
0405 Castle Creak Road, Suits 10, Aspen Colorado 81611
Phone (970) 920-5070 Fax (970) 920.5077
Name of OWNER ANVJN • Choy&
Owner's Mailing Address l0 0'1 Ctr i►6o fro wti ytni }t cll� SaVj+-A4 taw%
City, State, Zip Business Phone:
Nome Phone: 50�, - cli4� - ��Q(p E-mail Address: dCHayt ut(p"r. cLwi
Primary Contact person (all communication regarding this permit will go through this person)
Name I C- t:;) II k
Company S, S ` ft �1 0 R. k i 0 r' C_
Contact Mailing Address = ; r'°i A , , -i S R VLQ- Zr
city, Stats Zi F) 5 P C H B siness Phone ; 0 '
Call Phone: FaxE-mail Address; r Shaw gest' wa kbps'
Parcal Ip 0 (available from assessor's office ,� - Q _ 0
at 920.6160 or at n�n+t,(,A�tki a sessQr.org) r ^_
Building Permit # (if available) 001 ,1�0Ott. M ? &av Ytyi dthC{,
Street address of property 1501 V14C wov von eo
Legal DescriptionLot 9 Block — Filing Subdlvl zlon VV%Ct 0-.# VAVW4
Size of lot: 30!'loi►I'!1 tt acres. Typo of proposed structure: Ve 4e%&! ,
Total square feet of house 5191+1 ef # of bedrooms (potential) In house 17
Caretaker Unit: Attached ( 11IP1 Detached ( h10)
Total arca s , ft. of caretaker unit h A # of bedrooms(potential) in caretaker unit h �
Permit is for; New Home ( X ) Repair due to failure ( ) Ramodel/Addltlon ( ) Emergency use ( )
Water: Private well ( ) Spring ( ) Stream ( ) Community/Public Water System (X)
If community system: Name of system V%C(hbd V'fntntln CoymbytyV% t WtV►/
The fee for a ISDN application is $600 for a permit that takes 6 hours or less for the department to approve. If approval takes
longer than 6 hours, a rate of $100 per hour will be charged. The maximum fee is $1000. The basic fee of $600 is due at the
time of application. The remainder, if any, will be due in two stages; first, at the time of issuance of the ISDS permit; second,
before final approval of the ISDS permit '
Application for an individual sewage disposal system is hereby submitted, I hereby certify that the above Information is true and
accurate and that I have provided true and accurate information on locations of all existing and proposed wells, contour
intervals, bulldings, property lines, ditches, slopes, waterlines, springs, suction or irrigation lines, drinking water cisterns, drain
tiles, Irrigation ditches, lakes, water courses, streams, floodplains, dry gulches, and existing septic systems. I hereby certify that
any such features not shown on attached site map arc hot present. Issuance of the permit does not imply the approval of any
other permit required for construction pursuant to Pitkin County codes. No construction may be undertaken until all approvals
and permits have been obtained.
The Pitkin County Environmental Health Department, Pitkin County and employees of these agencies will be hold harmless
should the individual sewage disposal system fail or malfunction. The permit to construct is issued on Information submitted by
the applicant or his/her representativ,qs. The owner assurn2,s4ll responsibility in case of failure of the system.
Signature of applicant JL4 // KA�-- Date G7fgZb 4--
Received by ��� Receipt # �n yo Date 0—d
'0rY3
S e ISEP . 16. 2004 B ; g'3( AN g✓CY _ARCHITECTS
970 -927 -25N -C_ 923 P.3 p.2
sC:an: R E= RCE
■OMEN E N G I N 13 E R I N G I N C.
Mr. Don Smith
McCabe Ranch
PO Box 79
Snowmass'CO 81654
RE: Tract D Well Construction and Pump Test Report
Dear Don;
August 29, 1994
The Tract D well was constructed in July 1994 by Collins Drilling. A 24 hour pump
test was conducted and water quality testing was conducted. The preliminary
conclusion is that the well is capable of providing an adequate quantity of high quality
domestic water for the four lots in the McCabe Ranch Low Impact Subdivision. A late
winter pump test is recommended to evaluate aquifer characteristics at the seasonal
low water gable.
WELL CONSTRUCTION
The well was constructed by cable'tool drilling methods to a total depth of 54 feet (see
Figure 1) through boulders, sand and gravel and fine sand. Shale was encountered at
52 feet and drilling ceased at 54 feet. Subsequently the lower 2 feet of the hole was
grouted.
Sight inch plain steel casing extends from 1.6 feet above the ground surface is installed
to a depth of 32 feet. The screen assembly consists of 10 feet of 8 inch diameter No.
80 slot (0.08 inch slot width) stainless steel telescoping well screen with a 5 foot riser
pipe and a 5 foot tailpipe. The screen is set between 37 feet and 47 feet. The No. 80
slot screen was chosen based on a grain size analysis of the formation conducted by
the screen supplier.
PUMP TESTING
A 24 hour pump test was conducted by Collins Drilling and Pump Service on July 25th
and 26th. The well was pumped at 25 gallons per minute (gpm) for 10 minutes and
then increased to 65 gpm. The rate was held at 65 gpm through the end of the test.
The well exhibited minimal drawdown and as shown on Figure 2 indicating efficient
well construction and high aquifer transmissivity (ability to transmit water).
At the start of the test the static water level was 10.67 feet below the top of the well
casing (9 feet below ground surface). In the first minute of pumping the well
drawdown 2,.75 feet then remained fairly steady through 10 minutes, drawing down
only an additional 0.08 feet to 2.83 feet, Based on the minimal drawdown at 25 gpm
the pumping rate was increased to 65 gpm at 10 minutes, Increasing the pumping rate
increased the drawdown to 4.21 feet at 11 minutes. After 11 minutes drawdown
slowly increased and reached a maximum of 5.00 feet at 360 minutes. From 360
minutes to the end of the test at 1440 minutes the drawdown decreased steadily. The
decrease is attributed to ground water recharge caused by Irrigation of the grass -hay
Pasture above the well which was started sometime during the pump test.
Consulting Engineers eind Hydrolorgiste
909 Colorado Avenue ■ Glenwood Springs, CO e1501 0 (303) J45-8777 0 Fax (30:33'S45-11 37
SaISEP.16.200416 6'36AM ECCY_ARCHITECTS
Mr. Don Smith
Page 2
970 -9 o-
27 -24V3'6 P.a p.3
August 29, 1994
The drawdown data suggests, with adequate recharge to the aquifer, the well is
capable of a sustained pumping rate of 65 gpm. The maximum drawdown of 5 feet
observed prior to the irrigation induced recharge represents approximately 25% of the
available drawdown assuming the well can be drawn down to the top of the riser pipe
minutes suggests that drawdown would increase to approximately 5.17 f(drawdown = 22 feet). Extrapolating the conditions that existed between 10 eet after
and 360
about 70 days of pumping at 65 gpm and to approximately 5,24 feet after abou
days. Extrapolating the data in this manner should only be used as an i 700
ndication t t the
Possible safe yield of the well. In the case of the Tract D Well the aquifer recharge
characteristics are a very important factor, The safe yield of the well may be less than
65 gpm in the late winter when there is no irrigation and minimal natural recharge,
Beyond 360 minutes as shown on Figure 2, the drawdown decreased steadily
indicating positive recharge of the well. That is, water was flowing into the cone of
depression around the well at a rate greater than it was being pumped. As mentioned
above this is attributed to irrigation that was started on the grass -hay pasture above
the well sometime during the pump test, The exact time irrigation started is not known
but the ,recharge influence was first detected at approximately 6:00 pm on July 25th,
8 hours into the pump test. This indicates that irrigation recharge has a near
instantaneous impact on the water levels in the well and may play a significant role in
the long term safe yield of the well.
The data indicates that the well will yield 65 gPm if
e.
However, late winter conditions (February or March) may bersignifica significantly different, e is adeQuate A
long period of non -irrigation plus minimal natural recharge In the winter should drop the
water table to its seasonal low by February or March. We recommend that the water
level in the well be monitored occasionally throughout the fall and winter of 1994/95
and a second pump test conducted in February or March 1995, Based on observations
(Don Smith, 1994) that the seepage face in the draw adjacent to the well does not
fluctuate significantly summer to winter suggests that the well should safe)
65 gpm in the winter. A pump test is necessary to confirm this. y produce
The potential] demand on the well is summarized in the Resource Engineering, Inc,
report entitled MCCabe Ranch Water Right Plan for Augmentation, Five Resident/al
Lots, dated December 22, 1992. Assuming all four lots of the low impact subdivision
are supplied from the Tract D Well the annual demand would average 3 gpm. In the
summer when the well is used for irrigation the average demand is expected to be
approximately 7 gpm. This supports the opinion that, given adequate recharge, the
well is capable of meeting the potential demand placed on it.
WATER QUALITY
A water quality sample was obtained near the completion of the pump test and
submitted to Grand Junction Laboratories for analysis on July 26th. A "Standard State
Analysis" was conducted which provides information on most regulated constituents,
;:dee I3ES0UFRC-E
iiMIR E N 0 1
N E E R I N D 1 N M,
S e FCSEP . 16. 2004 6 ; 8: S6AM HCCY ARCHITECTS
970-927-25N0.988 P.5 p.4
Mr. Don Smith August 29, 1994
Page 3
Tests were not conducted for pesticides, herbicides, volatile organic chemical (VOC's),
synthetic organic chemical (SOC's) or radioactivity. While we would expect negative
results on these tests we recommend that they be conducted when a second pump
test is conducted.
The water quality results (attached) suggest excellent water quality with the exception
of hardness. The water is moderately hard. Although the hardness does not impose
a health risk water softening may be desired to minimize mineral buildup and extend
the life of plumbing fixtures. Further, reverse osmosis treatment for drinking water
would be desirable to eliminate the constituents associated with hardness and the salts
that are added during water softening. Turbidity was 1,25 NTU, slightly above the
regulated limit for surface water supplies. Turbidity, a measure of the clarity of water,
is not regulated for ground water sources. A measurement of 1.25 NTU indicates very
clean water for which no additional treatment (filtration) is warranted. Additionally,
high turbidity is expected in new wells and typically decreases after a period of
production.
Since there is immediate recharge from the upgradient irrigated grass -hay pastures,
best management practices (BMP) need to be followed to prevent contamination of the
ground water. BMP's include developing and implementing guidelines for careful
selection and application of pesticides, herbicides and fertilizers. For example, over
fertilization could result in elevated nitrate levels. Another example of a BMP would
be guidelines for lot owners regarding disposal of household chemicals such as cleaning
agents, solvents, oil and gas.
One additional water quality issue is potential that the well is a ground water source
under the influence of surface water. That is, microscopic surface organisms are
migrating through the aquifer to the well screen from the surface. Under the Safe
ource
Drinking Water Act, a well less than 100 feet deep is considered a surface s
unless proven otherwise by the owner. This is done by conducting a microscopic
Particulate analysis test which detects the presence of surface microorganisms. A
Positive test, concluding the influence of surface water, indicates that filtration is
recommended. We recommend that a particulate analysis test be conducted during the
height of runoff next year or during the irrigation reason. These time periods represent
the highest probability of positive results. Thus, a negative test is an excellent
Indicator that there is not surface influence and the well can be considered a true
ground water source.
A detailed discussion of potential treatment requirements for the McCabe Ranch water
systems and the regulatory environment is presented in Dean Gordon's letter to Harry
Collins dated September 29, 1992.
SUMMARY AND CONCLUSIONS
• The well is 52 feet deep and is completed in sands and gravels.
• The well is screened from 37 to 47 feet with 8 inch nominal, telescopic,
stainless steel, No. 80 slot well screen.
rrrrr R E S 0 U R 11 r
C,C70EN6INEERINa
SeRSEP.16.20046 ^o_36AM HCCY_ARCHITECTS 97n-927-25No.988 P.6 P.5
Mr. Don Smith August 29, 1994
Page 4
• The well was pumped at 65 gpm and is capable of sustaining 65 Qpm with
adequate aquifer recharge conditions.
•
Irrigation recharge of the aquifer above the well is nearly instantaneous and has
a significant impact on water levels in the well.
• A second pump test should be conducted in late winter coincident with the
seasonal low water table to provide an estimate of well yield under conditions
of minimal irrigation and natural recharge.
Water quality is good and is suitable for drinking water although it is moderately
hard,
• Water softening is recommended to reduce mineral buildup and extend the life
Of plumbing fixtures.
• Reverse osmosis treatment may be desired for drinking water.
• Additional tests for volatile organic chemicals, herbicides and pesticides,
radioactivity and particulates are recommended at the time a second pump test
is conducted.
The well appears to be an excellent source of water for all of the residences in the four
unit low impact subdivision based on conditions existing at the time the well was
constructecl and pump tested. A second pump test, in late winter, is needed to
confirm the long term safe yield of the well.
If you have any questions, please give me a call.
Sincerely,
RESOURCE ENGINEERING, INC.
lam. ;,'7,.� �' �___
John M. Currier, P.E.
Water Resources Engineer
JMC/mmm
137-2.1.1 ay.pon.IV
Attachment (pump test results)
RESCDL1r E
G���■ 1: N G I N 9 E g I N
om
S e FSEP . 16. 2004 g; 8 _�6AM HCCY_ARCHITECTS S 7 n_ 9? 7_ Z SNO. 988 P.7
P. 6
Jo® M"r= ot—t3E N'2/a.n1 4f \�/'L LL i' ~
Resource Engineering, Inc.
SHEET NO. �
802 Grand ,Avenue Suite 302
GLENWOOD SPRINGS, COLORADO 81601 CALCULATED BY Jr'14 DATE -7.j
(303') 945.6777
011ECKEDt3Y DATE
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JOHN C. KEPHART & CO.
GRANE JUNCTION [ABORA10RI[S
43S NORTH AVENUE • PHONG 242-7619 • GRAND JUNCTION, COLORAoo ®` -I' -
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ANALYTICAL $SPORT¢�C��%��►'
Received from: Resource Engineering; John M. Currier, P.E. «•
Glenwood Springs, CO
Cystomer No,
Date Received 7/26/94
Lab number
Sample XD
Arsenlo(As)
Barium(Ba)
Cadmium(Cd)
Chromium(Cr)
Fluoride(F)
Lead(Pb)
Mercury(Hg)
Nitrate(N)
Selenium(Se)
Silver(Ag)
Color(Co/Pt unit)
PH
Conductivity@25 deg, C
Sodium(Na)
Calcium(ca)
Magnesium(mg)
Potassium(K)
Chloride(Cl)
Sulfate(SO4)
Phenol. Alkal'inity(CaCO3)
Total Alkalinity(C:aCO3)
Bicarbonate(HCO3)
Carbonate(CO3)
Dissolved Solids
Hardness (CaCO3)
Turbidity(NTU)
Boron(B)
Copper(Cu)
Iron(Fe)
Manganese(Mn)
Molybdenum(Mo)
Ammonia(N)
Phosphate (P)
Zinc (Zn)
0741
Laboratory No.
0741
,McCabe Ranch
Tract D Well
Water
ater
Date Reported 8/23/94
0.000
mg/1
0.22
mg/1
0.0000
mg/1
0.000
mg/1
0.27
mg/1
0.000
mg/1
0.00000
Ing/1
0.44
mg/1
0.000
mg/1
0.0000
mg/l
0
7.40
799
umhos/cm
3.9
mg/1
133
.mg/l
23
mg/l
0.9
mg/1
4
mg/1
165
mg/l
0
mg/1
244
mg/1
295
mg/1
0
mg/1
626
mg/1
426
mg/l
1.25
0.035
mg/1
0.001
mg/1
0.01
mg/l
0,018
mg/l
0.000
mg/1
0.08
mg/1
0.00
mg/1
0.006
mg/l
Limit -9 for Drinking Suggested
by Colo. Dept. 'Health
0.05 mg/l
1.0 mg/1
0.01 mg/1
0.05 mg'/ 1
4 rng/ 1
0.05 mg/1
0.002 mg/1
10.0 mg/1
0.01 mg/1
0.05 mg/1
no official
no official
no official
20 mg/1
no otficial
125 mg/1
no official
250 mq/1
250 mg/l
no official
no ofricia,l
no official
no official
500 my/1
200 mg/l
1
limit
limit
limit
limit
limit
limit
limit
limit
limit
limit
limit
1Imit
limit
Lab Dir.: Brian S. Bauer
110 official
1.0
mq/1
0,3
mg/l
0:05
mg/l
no official
no official
no official
5.0
mg/1
limit
limit
limit
limit
limit
limit
limit
limit
limit
limit
limit
1Imit
limit
Lab Dir.: Brian S. Bauer
,..UMMM.M,
Se�SEP _16.20046 ; 8_g7AM pCCY_ARCHITECTS
B711-927-25 1928 P.10 F-9
JOHN C. __MIART & CO,
GRAND JUNCTION LAHRAIDRIH
435 NORTH AVEnIU6 • PHONE (303) P-42.7615 • PAX 243-7225 • GRAND JUNCTION, COLOAADO SIS01 �---�
NOTES on sample # 0741
Your water tests show levels exceeding drinking water limits for;
Di9solved Solids, This exceeds the limit, though not greatly. The other
tests reveal that it is composed of primarily Calcium, Alkalinity and
Sulfate in this sample, none of which are present in harmful amounts.
hardness; Can cause mineral buildup and necessitate the use of large
amounts of soap for cleaning.
Turbidity: Cloudiness of the water; public graters must rg9et the
criteria i NTU. Filtration often corrects this,
This would be considered a Fairly good drinking water'source for humans;
It may be inconvenient in household use, due to its hardness.
S e FSEP . 16. 2004 g ; 8 -37AN SCCY ARCHITECTS
c�o0 STATE OF COLk.. ^�
� -0 OFFICE: OF THE S. G ENGINEER
ale Oemenniai Bldg„ 1313 Sherman St., Denver. Colorado s=
FOR INSMUCIIONS, SEE REVERSE SIDE
STATEMENTOF BENEFICIAL USE
WELL PERMCT NUMBER 044789-,F
1. WELL OWNER Harry Anthony Collins
NAME(S) CSO Scott Balcomb, Esq., Delaney & Balcomb PC
Mailing Address PO Box 790
City, SL Zip C enwoo Borings CO 81602
Phone (.,gam 245ml 5AA
970-927-25NO.988 P.11 P. 10
For Office Uae only
RF-CENE0 RECEIVED
APR 0 91997 A 0 7'97
'NA MEA FieSS�cc�� S
STATE EwGwEE�q WAM;jE,,,,
a=.� g
Z
WELL t.CICA71ON: COUNTY R rki n OWNER'S WELL DESIGNATION tj
(Addrem) (CM) n (stele) MP)
SW1/4 of the SW_1/4, Sec. S Twp. 9 ❑ N. or ®S,, Flange- 86 E. or 12 W. 6sh P.M.
Distances from Section. - _tines 165 Ft, from El N. or ® S. Line, 220 Ft. from 0 E. or 0 W. Line,
3. The well is being used for the following purpose(s);
Ranrh Suhdiv'
4. Water from the well Was first used beneficially
under this permit ntmnber, for the above described purposes onQctober 1S 79.
(Do not report a date which is before the [sued date of this permit)
S. [The pumping rate claimed is 60 gallons per minute.
S., The average annual :amount of water diverted is — 4,Q acre feet
7. The land area irrigated (watered) by water from this well is. 30 000
El Acres or Square feet,
(Numbed
described as;
ega esanption
or as McCabe Ranch Subdivision Lots) A_ BSC • 61ock Filing/Unit
Well drilled by; Coll. ns Drilling Co. Uc. No;
Pump installed by: Aqua Tec Svstems Inc. Lic, No:
-
9. Meter Mfg, by _Xc=nA Serial No.: Aq4r
r,,41 pate Installed
I (we) have read the .statements made herein, know the contents thereof, and state that they are true to my (our) .
knowledge. [Pursuant to Section 24-4-104 (13)(a) C.R,S_, Pe making of false statements herein constitutes perjury
in the second degree and is punishable as a Class 1 m' emeanor.l
Name/Title (Please type or print)
Scott Balcomb Q�,�(/4/ `I /J I �(. -7 _ F 7
FOR OFFICE USE ONLY l
Accepted that those oorditions Of approval as
$t,ated on the permit are ootnplied,wi th,,
J U l '0 9
tetL:L
199
Se Engineer Dete
Court Case No. Div, Co. 49 WD g� n Mo r les
S e LSEP. 16. 2004 ra , 8'17AM BCCY—ARCHITECTS
-64;
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NO. 938 P.12 p.
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��ESEP-09-2004 13:43 H—P GEOTECH
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HEPWORTH - PAWLAK GEOTECHNICAL
AuLlust 1.2, 2004
�i:rn.orc�-:•':,��;�:, v�;,r..:.i��i;;�;�:, hoc.
j?l�.in�nrl' t�f7:ACl I�'.
Glc�nv.ur,i1 iu•irf':,.l;tU�r.;.�.a.;til�: i
Pk n',e: 4)7C
Fm:: q 7„ ,
P. 01104
Vcstc)7' Partr)ers
.A tui: David Chase
607 Cerrillos Road, Suite D2
Santa Fe, New Mexico 87501-3707
Job No. 103 705
Subj�'-CL Additional Percolation Testing, Tract B, McCabc Ranell, Pitkin County,
Colorado.
Dear Mr. Chase:
As requested by Richard Shaw, )-Hepworth - Pawla.k Creotcchnical, lnc.. perfiirmed
additional percolation. testing at the subject site. The testing was done as a supplement to
our agreement for professional services to you, dated November 3. 2003. 'Th,,e purpose of
the: additional testing was to obtain percolation rates in the underlying sandy gravel soils
below the upper clay soils.
!1 profile pit and three percolation test holes were excavated on July 30, 2004 at the
hoc,a:t.ions shown on .Figure 1. A Profile Pit was excavated north.) of the previous
percolatior) test site to evaluate the clay depth. '(hc subsoils exposed in. the Profile Pit
consisted of about two feet of topsoil overlying sandy clay to the bottom pit depth of 7
1./2 feet. No free water was observed in the pit and the soils were slightly 1110ist. to moist.
Dire to the swidy clay soil encountered to the bottom of the Profile Pit, the additional
percolation test holes were excavated near the previous test site. Percolation gest holes
were: hand dug in the bottom of shallow ba.ckhoc pits and soaked with water on July 30,
2004. The percolation test holes were dug into the sandy gravel soil below the upper clay
soil. PVC pipe was Placed in the previous Profile Boring and the boring was dr\ to 10
ibet when checked on. July 30, 2004.
Percolation testing was conducted on. July 31, 2004 by a representative of l lepworth -
Pawlal< Gcotecbrucal, Inc. The percolation test results are sUunruarized on Table 1.
13,ase,d on the subsurface conditions encountered and the percolation test resuJ Us, a
Parker 30.3.841-7119 ` (.:olorudo Springs 719-633-5562 0 Silverthome 970.46$-1989
13:43 H -P GEOTECH
ParluirsQ
a_11�rUs( 12, 2004
cl 2
lllfOLI-LI6011 sepLic dishos„11 `:VS't .n'.I that l.? Lends 11'1Ll', tll ". soils
—
:1:)t1JCl b-,:�'E�1S1hlC at the SiI:C. 1'.lt1:111 Co
l'e(�1.11re that it ilro!�-'sional cf'('li e.11��111EC']"
t c scptic disposal system.
..j Vpl,l leave any quesuons 0 D.Ml furtller assistance ple,atie Cali Our UfT1C(',
Sincerely'
1 1:;PWORTI-1. - P11� LAK GEOTFC.IHN.ICAL. INC.
':..X)Uis E. Eller
L. Paw
L.F."'> A(sw
P
152 2
'4r •�ONa��0.Q9�J
LtLt'etc11111ctlts riaLlre 1—.T-,(:lcationof Percolation Test.T-Tnles
Table 1 —Summary of..T_,ahoratory Test ResulLs
cc: SC1111 .11.UeSEI' Gordmi Meyer —Atli.: Dca11 Gordon
C��tech
r�■�r
SEP -09-2004 13:44 H -P GEOTECH
APPROXIMATE SCALE
1"-500,
PROPERTY
TRACT 8
P. 03/04
AGRICULTURAL
EASEMENT
TRACT C
FATHERING
PARCEL
IRRIGATION \�
DITCH
r `
ENVELOPE
BUILDING
ENVELOPE
TRACT A
1
ENV BARN �
BORING 4
i
)0 O /
X
EXISTING
IRRIGATION < r
BUILDING DITCH
ENVELOPE /
r "'\\N TRACT B
/
BORING 2 \ ; 95
PROFILE PIT PROPERTY
BOUNDARY
BORING 1 I
40 I 95
BORING 3 "00 P 1a,1`
100 PROFILE A/ ,L P 2a /
\
BORING/,(3(/P 3
I i/ , p 2
4
QLEGEND:
P 1 P 3a ® PROFILE PIT FOR
AGRICULTURAIX CURRENT STUDY.
EASEMENT �/
® PERCOLATION TEST
95 HOLE FOR CURRENT
STUDY.
TIFF—WO
103 705 GE -OTE HNICAL INCLAK LOCATION OF PERCOLATION TEST HOLES Figure 1
Gi=OTECHNICAL, INC.
APPROXIMATE SCALE
:e
105
105
M
13
H -P GEOTECH
HEPWORTH-PAWLAK GEOTECHNICAL, INC.
TABLE 1
PERCOLATION TEST RESULTS
JOB NO. 103 705
HOLE NO.
P-lA
P -2A
HOLE DEPTH
(INCHES)
LENGTH OF
INTERVAL
(MIN)
WATER
DEPTH AT
START OF
INTERVAL
INCHES)
WATER
DEPTH AT
END OF
INTERVAL
— (INCHES) _
DROP IN
I WATER
I LEVEL
(INCHES)
1/2
AVER
PERCOL
RA-
(MIN./,
4(
3(
j
47
i
j
i 45
15
Water added
6
4 3/4
51/2
41/4
5
4 ,/Z - --
ih. ---
1/2.
..----.._......... --
1/i
5
_
41/2
-_.-.........
41/a
4 1/4
3 3/4
1/2
3/.1
j 1/2.
1/:.
1/2
1h
1/2
15
Water added
I
7 i
61/4
51h.
61/4
7
6
6 1/a
5 3/4
5 1/4
j...... 6
5 3/4
5 1/4
4 3/4
51/2
P -3A
42
I 15
-
51/a
5
4 3/a
4 1/4
5
4 3/4
V
_ 41/4
3 3/4
3 1/2
3 3/4
AGE
ATI ON
TE
(NCI --i)
Note; Percolation test holes were hand dug in the bottom of backhoe pits and soaked on July
30, 2004. Percolation tests were conducted on July 31, 2004. The average percolation
rates were based on the last two readings of each test.
SEP. 9.2004 1 :47PM CCY ARCHITECTS
G tec
;�. . h
HE:PWORTH- PAWLAK GEOTECHNICAL
NO. 869 P.3
I-iep��'ord,•I'awlEJ; GEorechnieal, Itic.
5020 Coonry Road I i4
Clenwl)ll ] Spring., Cc,lpmda 81601
Phowu ,970-y4i•7Ui6,
Fc,Ix: 4170-9�5•E 45q
eiY,�ll' h���CD��l',1?�ue6LtGI'l.CO1Ti
SUBSOIL STUDY
AND PERCOLATION TEST
PROPOSED RESIDENCE
TRACT B, McCABE RANCH
PITISUN COUNTY, COLORADO
JOB NO. 103 705
NOVEMBER 28, 2003
PREPARED FOR:
ITSTOR PARTNERS
ATTN: DANgD CHASE
607 CERRZLLOS ROAD, SUITE D2
SANTA FE, NEW MEXICO 57501-3707
Parker :303-841.711.9 ® Colorado Spring 719-633-5562 e Sili eyffiorne 970-1,68-1.989
11 47PM
7)
4)
5)
CCY. ARCHITECTS
-10-
0
N0.869 P.4 p. 02/g2 t
The around surface surrounding the exterior of the huilding Should be
.loped to drain away frorn the foundation in till directions- We
recommend a minimum dope of 6 inches in the tint, 10 feet ill unpaved
areas and a minirnutti slope -of 3 itnche; in the first 10 feet iii paved areas.
Roof downspouts and drains should discharge well beyond the limits of
all hack -fill,
Landscaping which requires regular heavy irrigation should he located at
least 5 Meet from foundation walls.
PLI41,COLATION iTFSTING
Pcrcol�'tion tests were conducted on November 13,, 2003 to evaluate Che 'feasibility of an
inliltration septic disposal sys(e►n at the proposes) tine. One profile boring and three
percolation holc.s were drilled at locations as.shown'on Figura 1. The test hol&,; were
driKed with 8 -inch diarneter auger and were snaked with wader onO day PriOT (0 testing.
The soils encountered in Elie percolation holes are similar to these cncotintered in the
Pro file Boring shown on Figure 2 and consist of stiff sandy clay, The percolation tesE
results are presented in Table 2. Percolation tests were tun in the upper clary soils and
indicate infiltration rates of 45 to 720 minutes per inch. The deeper gravel alluviutn
probably has faster infiltration rates than the upper clay and a system based in the gravel
alluvium tihould be considered at the site. Addifonal percolation Eesting in the gravel
alluvium shuuld he performed for the septic disposal sy5tcm design, Pitkin Cuurnt:y
requires that a registered professional engineer design the infiltratioa supLic disposal
System.
LIMITATIONS
0
This study has been conducted in aecordtunce with generally accepted geowohnical
engineering principles and practices in this area at this time. We make nr,) warranty
cutter express or implied. The conclusions and recomniendatiowi submitted in this
Job ;7103 705
SEP. 9.2004 1 :47PM CCY ARCHITECTS N0.869 P.5
r • •
report are based upon the data obtained from the exploratory borings drilled at the
locations indicated on Figure 1, the proposed type of construction, percolation test
results and our experience in the area. Our findings include interpolation and
extrapolation of the subsurface conditions identified at the exploratory borings and
variations in the subsurface conditions may not become evident until excavation is
performed. If conditions encountered during construction appear to be different from
those described in this report, we should be notified at once so re-evaluation of the
recommendations may be made.
This; report has been, prepared for the exclusive use by our client for design purposes.
We are not responsible for technical interpretations by others of our information. As
the project evolves, we should provide continued consultation and field services during
1
construction to review and monitor the implementation of our recommendations, and to
verify that the recommendations have been appropriately interpreted. Significant
design changes may require additional analysis or modifications of the
recommendations presented herein.. We recommend on-site observation of excavations
and foundation bearing strata and testing of structural fill by a representative of the
geotechndcal engineer.
Respectfully Submitted,
HEPWORTH - PAWLAK GEOTECHNICAL, INC,
Kole
Trevor L. Knell
Revl6wed by:
Steven L.
TLKJksw
CC. Cottle
- Attn: Rich Carr
Job #103 705--P�h
SEP. 9..2004 1 :47PM CCY ARCHITECTS
AGRICULTURAL
EASEMENT -�
APPROXIMATE SCALE
1 "-500'
APPROXIMATE SCALE
111,801
TRACT 6
FATHERING
PARCEL
NO. 869 P.6
IRRI TCHON
II \
uD
\\
TRACT A
95-----
bR
ENVELOPE
BORING 4
D0 0 X
� l
i
EXISTING
IRRIGATION
DITCH
BUILDING
ENVELOPE
TRACT C
ENALOPE
BUILDING
ENVELOPE
i
i
i
TRACT B
/ BORING 2 \ II
I r r
err
r '
BORING 1
BORING 3 PROFILE
M ROPING i^
�P 3
�P 2
SP1
AGRICULTURAL
EASEMENT -
95
!
PROPERTY
BOUNDARY
103 705 I GEOTECHNICALER WORTH —P AWLAK NC, I LOCATIOPERCOLAT ON TESOF TYHOLES BORINGS AND I Figure 1
SEP. 9.2004 |
0
FAX TRANSMITTAL
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�you donot receive all pages as indicated above, or if they appear illegible, please contact us at 970-927-4926.
mm,r`n *A^nr^W Am*w'rmCroL,p
22nMidland Avg pmBOX mmBAHnoou«621
970-927-4928 fax 970'927-8978
|nfo@m*mrc^ito*m.cwrn
RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY,
COLORADO, APPROVING THE CHASE MINOR PLAT AMENDMENT TO MOVE THE BARN
ENVELOPE TO THE WEST AND NORTH AND CREATE AN ADDITIONAL ACCESSORY
ENVELOPE
Resolution No. -2004
RECITALS
1. David Chase ("Applicant"), has applied to the Board of County Commissioners of Pitkin County,
("BOCC"), pursuant to Section 3-190-080 of the Pitkin County Land Use Code ("Code"), to move
the existing barn envelope approximately 28 feet to the west and 5 feet to the south, as well as create
an accessory envelope for an irrigation pond and subsequent grading. -
2. The property is zoned RS -30 PUD and contains 30.93 acres.
The property is located in the McCabe Ranch Subdivision and is more specifically described as Tract
B, McCabe Ranch.
4. McCabe Ranch received Final Plat approval pursuant to Board of County Commissioners'
Resolution No. 94-33.
The BOCC generally finds that the request to move the existing barn envelope and add an accessory
envelope is consistent with the requirements of the Land Use Code.
NOW THEREFORE BE IT RESOLVED by the Pitkin County Board of County Commissioners
that it does hereby approve the Chase Minor Plat Amendment to move the existing barn envelope
approximately 28 feet to the west and 5 feet to the south subject to the following conditions:
1. The Applicants shall comply with the provisions of Board of County Commissioners' Resolution
No. 94-33 unless otherwise replaced or amended by the conditions of this approval.
2. The Applicant shall prepare an amended Site Plan in accordance with Land Use Code Section 5-
40. The amended plat shall be submitted to the Community Development Department for approval
and recording, prior to submission of any future building permit applications.
3. The Applicant shall adhere to all material representations made during the application process.
4. The accessory envelope for the principal building envelope shall be limited to the construction of an
irrigation pond, relief ditch, subsequent grading and approved landscaping.
5. The accessory envelope for the barn envelope shall be limited to grading.
6. The barn shall not contain plumbing, or be converted to a Caretaker Dwelling Unit.
NOTICE OF PUBLIC HEARING PUBLISHED IN THE ASPEN TIMES WEEKLY on the 28`b day of
June, 2004.
APPROVED ON THE 28TH DAY OF JULY 2004.
ATTEST:
Jeanette Jones
Deputy County Clerk
APPROVED AS TO FORM:
John Ely,
County Attorney
P086-04
PID# 2645071011002
BOARD OF COUNTY COMNUSSIONERS
OF PITKIN COUNTY, COLORADO
Dorothea Farris,
Chair
Date:
APPROVED AS TO CONTENT:
Cindy Houben,
Community Development Director
369477 B -74B F-909 04/.28/94 09:56A FG 1 OF ?i REC DOC
SILVIA DAVIS PITKIN COUNTY CLERK. & RECORDER 135.00
DECLARATION OF PROTECTIVE COVENANTS FOR
MCCABE RANCH SUBDIVISION
WHEREAS, HARRY ANTHONY COLLINS, TRUSTEE OF THE HARRY
ANTHONY COLLINS AND JUDITH ALLEN COLLINS REVOCABLE TRUST AGREEMENT
("Declarant") has caused certain real property in Pitkin County,
Colorado, to be surveyed, subdivided and platted into four
residential tracts described as Tracts A, B, C and D (collectively
"Tracts") as shown on the plat of McCABE RANCH SUBDIVISION (the
"Subdivision"), which plat has been filed for record in the real
property records of Pitkin County, Colorado, on the o'Z.9 day of
(Lr L , 1994, in Plat Book 2y at Pages 3'� — 3 ( the
"Plat").
NOW, THEREFORE, Declarant, as the owner in fee simple of.
all of the lands included within said Subdivision as so platted and
above described, does hereby declare and acknowledge that all of
the lands; within Tracts A through D of said Subdivision and all
areas designated as Non -Development Easements ("NDE") on the Plat
are and shall hereafter be subject to all of the covenants,
restrictions, and limitations contained hereinafter, and further
reserves to itself all of the lands and easements described in
Article El hereinafter.
These covenants shall run to the benefit of and be
enforceable by the owners of the property described as "LEGAL
DESCRIPTION OF ENTIRE PROPERTY" on Sheet 1 of said Plat which
includes the owners of Tracts A through D of the Subdivision and
the Fathering Parcel defined below. The property within the "LEGAL
DESCRIPTION OF ENTIRE PROPERTY" on Sheet 1 of said Plat remaining
after excluding therefrom all of the Tracts shall be hereinafter
referred to as the "Fathering Parcel".
IN WITNESS WHEREOF, Declarant, as the owner in fee of all
of the lands within the, Subdivision has executed this instrument
this /5__ day of �% rr_ , 1994.
By:!Z�-�--
HARRY AlPfHONY COLLINS, TRUSTEE OF THE HARRY ANTHONY COLLINS AND
JUDI'.PH ALLEN COLLINS REVOCABLE TRUST AGREEMENT
[NOTARY BLOCK ON FOLLOWING PAGE]
N
W
STATE OF COLORADO
ss.
COUNTY OF PITRIN )
The foregoing instrument was acknowledged before me this )H
day of _j�1,IZMl , 1994 by HARRY ANTHONY COLLINS, TRUSTEE OF THE
HARRY ANTHONY COLLINS AND JUDITH ALLEN COLLINS REVOCABLE. TRUST
AGREEMENT. _
WITNESS my hand and seal. II '
My commission expires:
No . ary Public
369477 E-748 P-910 04/28/94 09:56A PG 2 OF 27
ii
f � -9}CCgPG 27 REC
DOC
SILVIA DAVIS PITKNOUNTYCLEM-"RECORDER 138.0
DECLARATION OF PROTECTIVE COVENANTS FOR
MCCABE RANCH SUBDIVISION
WHEREAS, HARRY ANTHONY COLLINS, TRUSTEE OF THE HARRY
ANTHONY COLLINS AND JUDITH ALLEN COLLINS REVOCABLE TRUST AGREEMENT
("Declarant") has caused certain real property in Pitkin County,
Colorado, to be surveyed, subdivided and platted into four
residential tracts described as Tracts A, B, C and D (collectively
"Tracts") as shown on the plat of McCABE RANCH SUBDIVISION (the
"Subdivision"), which plat has been filed for record in the real
proper records of Pitkin County, Colorado, on the Z 9 day of
H�2r L, 1994, in Plat Book at Pages 3'7- (the
"Plat").
NOW, THEREFORE, Declarant, as the owner in fee simple of
all of the! lands included within said Subdivision as so platted and
above described, does hereby declare and acknowledge that all of
the lands within Tracts A through D of said Subdivision and all
areas designated as Non -Development Easements ("NDE") on the Plat
are and shall hereafter be subject to all of the covenants,
restrictions, and limitations contained hereinafter, and further
reserves to itself all of the lands and easements described in
Article 8 hereinafter.
These covenants shall run to the benefit of and be
enforceable by the owners of the property described as "LEGAL
DESCRIPTION OF ENTIRE PROPERTY" on Sheet 1 of said Plat which
includes the owners of Tracts A through D of the Subdivision and
the Fathering Parcel defined below. The property within the "LEGAL
DESCRIPTION OF ENTIRE PROPERTY" on Sheet 1 of said Plat remaining
after excluding therefrom all of the Tracts shall be hereinafter
referred to as the "Fathering Parcel".
IN WITNESS WHEREOF, Declarant, as the owner in fee of all
of the lands within the, Subdivision has executed this instrument
this Vis --day of A% 1Fr_ , 1994.
By: l
HARRY ANTHONY COLLINS, TRUSTEE OF THE HARRY ANTHONY COLLINS AND
JUDITH ALLEN COLLINS REVOCABLE TRUST AGREEMENT
[NOTARY BLOCK ON FOLLOWING PAGE)
STATE OF COLORADO ' )
COUNTY OF PITKIN )
The foregoing instrument was acknowledged before me this r5
day of y1RIZCA� , 1994 by HARRY ANTHONY COLLINS, TRUSTEE OF THE
HARRY ANTHONY COLLINS AND JUDITH ALLEN COLLINS REVOCABLE, TRUST
AGREEMENT. _
WITNESS my hand and seal.
My commission expires: i� �� 1;` ' 7.� '
•
i -
No ary Public ` _ l G
369477 B--748 P-910 04/28/94 09:56A PG 2
ii
OF 27
iii
36947' B-748 P-91 j. 04/28/94 o9: 56A FG 3 04-
DECLARATION OF PROTECTIVE COVENANTS FOR
MCCABE RANCH SUBDIVISION
TABLE OF CONTENTS
Contents.
Page
ARTICLE 1 -- PURPOSE.OF COVENANTS
1.1
General Requirements . . . . . . . . . . . • • • • •
1
1
1.2
Planned Community . . . • . • • • • • • • • • . . •
ARTICLE 2 -- DEFINITIONS
2.1
Agricultural Easement Area . . . . . . . . . .
1
1
2.2
Colorado Common Interest Ownership Act . . . . . . .
2.3
Declarant . . . . . . . . . . . . . . . . . . . .
1
1
2.4
Declaration . . . . . . . . . . . . . . . . . . .
1
2.5
Fathering Parcel . . . . . . . . • • • • • • . •
2.6
Non -Development Easement Tract . . . . . . . . . . .
2
2.7
Owner . . . . . . . . . . . . . . . . . . . . . .
2
2
2.8
Recorded Plat . . . . . . . . . . . . . . . . . .
2
2.9
Tracts.. . . . . . . . . . . . . . . . . . .
2
2.10
Restricted Open Space . . . . . • • • • . •
2.11
Subdivision and the term Subdivide . . . . . . . .
. 2
2.12
Units . . . . . . . . . . . . . . . . . . . . . . .
. 2
ARTICLE 3 -- McCABE RANCH HOMEOWNERS ASSOCIATION
3.1
Membership and Voting Rights in the Association . .
.
3.2
Association Easement . . . . . . . . . . . . . . .
. 3
3.3
Governing Instruments . . . . . . . . . . . . . . ..
4
3.4
Duties and Voting of Board . • . . • • • • • • • •
• 4
3.5
Election of the Board . . . . . . . . . . . . . . .
. 4
3.6
Removal of Directors . . . . . . . . . . . . . . .
. 4
3.7
Delivery of Association Property . . . . . . . . .
. 5
3.8
Budget . . . . . . . . . . . . . . . . . . . . . .
. 6
3.9
Assessments . . . . . . . . . . . . . . . . . . . .
. 6
7
3.10
Assessment Lien . . . . .. . . . . . . . .
8
3.11
Statement of Assessments and�Liabili.ty of Purchasers
3.12
Incorporation into Future Filings . . . . . . . . .
. 8
3.13
Declarant's and Owners Acknowledgment of
Future Development Potential . . . . . . . . . . .
. 9
ARTICLE 4 -- ARCHITECTURAL COMMITTEE
4.1
Architectural Committee . . . . . . . . . . . . . .
. 9
4.2
Approval by Architectural Committee . . . . . . . ..
9
4.3
Variances . . . . . . . . . . . . . . . . . . . . .
. 10
10
4.4
General Requirements . . . . . . . . . . . . . . .
.
iii
369477 B-748 P-91.:. 04/28/94 09:56A PG 4 OFW
Contents Page
4.5
Preliminary Approvals . . . . . . . . . . . . . . . .
10
4.6
Architectural Plans . . . . . . . . . . . . . . .
11
4.7
Architectural Committee Not Liable . . . . . . . . .
11
4.8
Written Records . . . . . . . . . . . . . . . . . . .
11
ARTICLE 5 -- GENERAL RESTRICTIONS ON ALL LOTS
5.1
Zoning Regulations . . . . . . . . . . . . . . .
11
5.2
No Mining, Drilling, or Quarrying . . . . . . . . . .
11
5.3
No Business Uses . . . . . . • . . . . . . . . . . .
12
5.4
Signs . . . . . . . . . . . . . . . . . . . . . .
12
5.5
Animals and Fencing . . . . . • . • . . . . . . .12
5.6
Service Yards and Trash . . . . . . . . . . . . . . .
13 13
5.7
No Discharge of Firearms . . . . . . . . . . . . . .
13
ARTICLE 6 -- RESTRICTIONS ON TRACTS
6.1
Number and Location of Buildings . . . . . . . . .
13
6.2
Dwelling House to be Constructed First . . . . . . .
15
6.3
Towers and Antennae . . . . . . . . . . . . . . . . .15
6.4
Trees and Landscaping . . . . . . . . . . . . . . . .
15
6.5
Tanks . . . . . . . . . . . . . . . . . . . . . .
15
6.6
Used or Temporary Structures . . . . . . . . . .
15
6.7
Exterior Lighting . . . . . . . . . . . . . . . . . .15
6.8
Off -Street Parking . . . . . . . . . . . . . . . . .
16
6.9
Dust Control . . . .
16
6.10
Weed Control . . . . . . . . . . . . . . . . . .
16
6.11
Road Damage . . . . . . . . . . . . . . . . . . .
16
6.12
Sanitary Systems . . . . . . . . . . . . . . . . . .
17
ARTICLE7 -- RESTRICTIONS ON AGRICULTURAL
EASEMENTAREAS, NON -DEVELOPMENT EASEMENT
TRACTS ("NDE") AND RESTRICTED OPEN SPACE
7.1
No Structures or Improvements . . . . . . . . . . . .
17
7.2
Trees and Landscaping . . . . . . . . . . . . . . . .17
7.3
Temporary Buildings . . . . . . . . . . . . . . . . .17
7.4
Exterior Lighting . . . . . . . . . . . . . . . . . .
17
7.5
Leasing of NDE Tracts17
7.6
Restrictions on Restricted Open Space .
18
ARTICLE 8 -- EASEMENTS AND LANDS RESERVED
8.1
Utility Easements Reserved . . . . . . . . . . . . .
18
8.2
Irrigation and Grazing Easements, NDE Reservation
and Agricultural Easement Area Reservation . . . . .
18
8.3
Easements for Private Roads and Equestrian Trails . .
19
iv
369477 B-748 W91.3 04/2.8/94 09:56A PG 50OF 27
Contents Page
ARTICLE 9 -- ENFORCEMENT
9.1 Enforcement Action . . . . . . . . . . . . . . . 19
9.2 Limitations on Actions . . . . . . . . . . . . . . . 19
ARTICLE 10 -- INSURANCE
10.1 Insurance.. 0
10.2 Fidelity Insurance 20
10.3 Insurance Premiums are Common Expenses . . . . . . . 20
ARTICLE 11 -- GENERAL PROVISIONS
11.1 Covenants to Run . . . . . . . . . . . . . . . . . . 20
11.2 Termination and Amendment of Declaration . . . . . . 20
11.3 Severability . . . . . . . . . . . . . . . . . . . . 21
11.4 Repeal of the Act . . . . . . . . . . . . . . . . . . 21
11.5 Paragraph Headings . . . . . . . . . . . . . . . . . 21
v
3
69477 9-74B P-914 04/29/94 09:56A PG b 927
DECLARATION OF PROTECTIVE COVENANTS FOR
THE MCCABg RANCH SUBDIVISION
ARTICLE 1 -- PURPOSE OF COVENANTS
1.11 General Requirements. The name of the common
interest community created hereby is the "McCabe Ranch
Subdivision." It is the intention of Declarant, expressed by its
execution of this instrument, that the lands within the McCabe
Ranch Subdivision (hereinafter "Subdivision") be developed and
maintained as a highly desirable rural residential area. It is the
purpose of these covenants that the present natural beauty, the
natural growth and native setting and surroundings of the
Subdivision shall always be protected insofar as is possible in
connection with the uses and structures permitted by this
instrument. It is of primary intent that the seclusion of each
home site in the Subdivision from neighboring home sites shall be
protected insofar as possible.
1.2 Planned Community. The Subdivision shall be
considered a planned community for purposes of the Colorado Common
Interest Ownership Act, as hereafter defined.
ARTICLE 2 -- DEFINITIONS
2.1 Agricultural Easement Area. The area designated for
agricultural purposes, including, without limitation, farming and
ranching activities, identified as the "Agricultural Easement Area"
ori the Plat, and subject to the restrictions and limitations set
forth in herein.
2.2 Colorado Common Interest Ownership Act. To the
extent applicable, this Declaration is governed by the Colorado
Common Interest Ownership Act (the "Act"), C.R.S. S 38-33.3-101,
et. se .
2.3 Declarant. The Declarant is Harry Anthony Collins,
Trustee of The Harry Anthony Collins and Judith Allen Collins
Revocable: Trust Agreement.
2.4 Declaration. This Declaration of Protective
Covenants for the McCabe Ranch Subdivision, and any and all duly
executed amendments, supplements, or additions to this Declaration
recorded in the office of the Clerk and Recorder of Pitkin County,
Colorado,, and including any maps or plats recorded in connection
therewith.
2.5 Fathering Parcel. The property within the "LEGAL
DESCRIPTION OF ENTIRE PROPERTY" on Sheet 1 of the Plat remaining
after excluding therefrom all of the Tracts.
369477 B-748 P -91D 04/28/94 09:56A PG 7 OF •_7
2.6 Non -Development Easement Tract. The Non -Development
Easement 'Tracts (hereinafter "NDE" tracts) designated on the
recorded plat of the Subdivision shall not be further subdivided
nor developed except for ranching, recreational, equestrian or
agricultural uses provided that development shall be allowed to the
extent permitted by local zoning ordinances and all other
applicable! County regulations as amended or adopted from time to
time and approved by the Board of County Commissioners of Pitkin
County.
2•.7 Owner means any person, firm, corporation,
partnership, association,'or other entity, including the Declarant,
or any combination thereof, who own(s) one or more Tracts or the
Fathering Parcel. The term "Owner" shall not refer to any
lienholder unless such lienholder has acquired title pursuant to
foreclosure or any proceeding in lieu of foreclosure.
2.8 Recorded Plat shall mean that map recorded at Plat
Book_ at Pages -- of the records of the Clerk and
Recorder of Pitkin County, Colorado (hereinafter referred to as
"Plat") and any Amendments or Replats thereof of all or a portion
of said Lands.
2.9 Tracts shall mean all of the subdivision lots
designated on the recorded plat of the Subdivision by a letter
shall be "Tracts."
2.10 Restricted Open Space shall mean areas identified
on the Plat as "Restricted Open Space" and shall be subject to the
restrictions and limitations set forth in herein.
2.10 Subdivision and the term Subdivide The term
"Subdivision" shall mean the McCABE RANCH SUBDIVISION according to
the Declaration of Protective Covenants for, the McCabe Ranch
Subdivision and the Plat thereof, as herein defined, filed for
record in the real property records of Pitkin County, Colorado.
The terms "subdivide" or "subdivided" shall apply to the creation
of a separate lot or parcel processed as a subdivision under the
terms of Pitkin County Land Use Code.
the Act.
2.11 Units shall have the meaning therefor described in
ARTICLE 3 McCABE,RANCH HOMEOWNERS ASSOCIATION
:3.1 Membership and Voting Rights in the Association.
All persons or associations who own or acquire the title in fee to
any of the lands in the Subdivision (other than lands dedicated as
public roads, if any), by whatever means acquired, shall
automatically become Members of McCABE RANCH HOMEOWNERS
- 2 -
�•.�: B-748 P-916 04/228/94 09:06A PG 8 OF 27
ASSOCIATION, INC. (hereinafter referred to as "Association"), a
Colorado nonprofit corporation, in accordance with the Articles of
Incorporation of said Association as recorded or filed in the
records of the State of Colorado, and as the same may be duly
amended from time to time.
3.1.1 The owner of the Fathering Parcel shall be
entitled to one membership in the Association. The owner of each
Tract shall be entitled to one membership in the Association..
3.1.2 Each membership shall be entitled to the
number of votes as shown on Exhibit A attached hereto. These votes
have been apportioned based on the relative acreage of the Tracts
and the Fathering Parcel. If more than one individual or entity
owns a portion of the Fathering Parcel or a Tract, a representative
of such multiple owners shall be designated and shall vote all the
votes allocated to such membership. There shall be no fractional
voting permitted.
3.1.3 The members representing a majority of votes
in the Association shall constitute a quorum.
3.1.4 In the event future Units are created from the
lands comprising the Fathering Parcel, each such Unit shall be
entitled to a membership in the Association and upon acceptance of
such membership by the owner of said Unit, said Unit shall be
subject to the burdens of this Declaration and shall be entitled to
a number of votes from the votes allocated to the Fathering Parcel
prior to such Unit's creation, based upon the ratio that such
Unit's acreage bears to the acreage of the Fathering Parcel.
3.2 Association Easement. The Association shall have
the right: of access to each Tract from time to time during
reasonable hours as may be necessary for the maintenance, repair,
or replacement of utility extensions, roads and fences, ditches and
irrigation systems and to conduct ranching or farming activities
within any Agricultural Easement Area, and at any time for the
making of emergency repairs, and shall have a nonexclusive easement
as may be appropriate to perform the duties and functions which it
is permitted to perform pursuant to this Declaration. In addition
to the foregoing, the Association shall also have the right to
establish utility easements from time to time for the benefit of
owners of Tracts within the Subdivision across any of the lands
within the Subdivision or the Fathering Parcel subject, however, to
the prior: approval of the location of said easements by the
Architectural Control Committee and by the owner of the Fathering
Parcel, which approval shall not be unreasonably withheld; further
provided, however, that the owner of the Fathering Parcel or the
Architectural Control Committee may impose conditions on the use,
installation, revegetation or rehabilitation required to restore
any disturbed property to its prior condition after completion of
- 3 -
36c?4 i i B-748 P-917 04/26/94 09:56A PG 9 0027
the installation of any such utilities and may further require that
all such utilities be installed underground.
3.3 Governing Instruments. The administration of the
Association shall be governed by this Declaration and the Articles
of Incorporation and Bylaws of the Association.
3.4 Duties and Voting of Board. The Board of Directors
of the Association shall have the duties of management, operation,
and maintenance of the utilities, roads and fences of the.
Subdivision, enforcement of the provisions of this Declaration, the
Articles and Bylaws of the Association, and the rules and
regulations adopted by the Board of Directors thereunder.
3.4.1 If appointed by the Declarant, the officers
and members of the Board are required to exercise the care required
of fiduciaries of the Unit Owners.
3.4.2 If not appointed by the Declarant, no member
of the Board and no officer shall be liable for actions taken or
omissions made in the performance of such member's duties except
for wanton and willful acts or omissions.
3.4 .3 The Board of Directors shall act by majority
vote.
3.5 Election of the Board. The Board of Directors shall
be composed of three (3) persons. Initially, the Declarant shall
appoint all three Directors. However, not later than sixty (60)
days after conveyance of twenty-five percent (25%) of the Units
that may be created to Owners other than the Declarant, at least
one member and not less than twenty-five percent (25%) of the
members of the Board of Directors must be elected by Unit Owners
other than the Declarant. Not later than sixty (60) days after
conveyance of fifty percent (50%) of the Units that may be created
to Owners other than the Declarant, not less than thirty-three and
one-third percent (33 1/3%) of the members of the Board of
Directors must be elected by Unit owners other than the Declarant.
Not later- than either sixty (60) days after the earlier of the
conveyance seventy-five percent (75%) of the Units that may be
created to Owners other than the Declarant, two years after the
last conveyance of a Unit by the Declarant in the ordinary course
of business, or two years after any right to add new Units was last
exercised, the Owners of the Units shall elect the entire Board of
Directors, at least a majority of whom must be Unit Owners other
than the Declarant or designated representatives of Unit Owners
other than the Declarant.
3.6 Removal of Directors. The members may remove a
Director other than a Director appointed by the Declarant, with or
without cause, by a two-thirds vote of the members present and
- 4 -
0-7 369477 B-748 P-910 04/28/94 09:56A PG 10 O
entitled to vote at a meeting of the members at which a quorum is
present.
3.7 Delivery of Association Property. Within sixty (60)
days after the Owners other than the Declarant elect a majority of
the members of the Board, the Declarant shall deliver to the
association all property of the Owners and of the Association held
by or controlled by the Declarant, including without limitation,
the following items:
(a) The original or a certified copy of the recorded
Declaration as amended, the Association's Articles of
Incorporation, Bylaws, minute books, other books and records, and
any rules and regulations which may have been promulgated;
(b) An accounting for Association funds and financial
statements, from the date the Association received funds and ending
on the date when the owners other than the Declarant took control
of the Association. The financial statements shall be audited by
an independent certified public accountant and shall be accompanied
by the accountant's letter, expressing either the opinion that the
financial statements present fairly the financial position of the
Association in conformity with generally accepted accounting
principles or a disclaimer of the accountant's ability to attest to
the fairness of the presentation of the financial information in
conformity with generally accepted accounting principles and the
reasons therefor. The expense of the audit shall not be paid for
or charged to the Association;
(c:) The Association funds or control thereof;
(d) All of the Declarant's tangible personal property that
has been represented by the Declarant to be the property of the
Association, and inventories of such property;
(e) A copy of any plans and specifications used in the
construction of the improvements in the Subdivision which were
completed within two years before the Declaration was recorded;
(f) All insurance policies then in force, in which the
Owners, the Association, or its directors and officers are named as
insured persons;
(g) Copies of any certificates of occupancy that may have
been issued with respect to any improvements comprising the
Subdivision;
(h) Any other permits issued by governmental bodies
applicable to the Subdivision and which are currently in force or
which were issued within one year prior to the date on which Owners
other than the Declarant took control of the Association;
- 5 -
369477 8-748 P-919 04/28/94 09.56A PS 11 ❑F .^•_i
(i) Written warranties of any contractor, subcontractors,
suppliers, and manufacturers that are still effective;
(j) A roster of owners and holders of first mortgages or
deeds of trust and their addresses and telephone numbers, if known,
as shown on the Declarant's records;
(k:) Employment contracts in which the Association is a
contracting party; and
(1.) Any service contract in which the Association is a
contracting party or in which the Association.or the Owners have
any obligation to pay a fee to the persons performing the services.
3.8 Budget. The Association must prepare an annual
budget. 'Within thirty (30) days after adoption of any proposed
budget for the Association, the Board of Directors shall mail, by
ordinary first-class mail, or otherwise deliver a summary of the
budget to all the members and shall set a date for a meeting of the
members to consider ratification of the budget not less than
fourteen (14) nor more than sixty (60) days after mailing or other
delivery of the summary. Unless at that meeting a majority of all
members reject the budget, the budget is ratified, whether or not
a quorum is present. In the event that the proposed budget is
rejected, the periodic budget last ratified by the members must be
continued until such time as the members ratify a subsequent budget
proposed by the Board.
3.9 Assessments. All owners shall be obligated to pay
assessments imposed by the Association to meet the expenses of
management, operation, and maintenance of the Subdivision.
Assessments shall be made against each Unit in proportion to the
number of votes allocated to such Unit, except that the costs
incurred with respect to roads which do not serve all of the Tracts
and any domestic water system which does not serve the Tracts and
the Fathering Parcel, shall be allocated solely to those Tracts or
to the Fathering Parcel, as the case may be, that use the
particular road or water system. As used in this paragraph, the
term "serve" shall not include use of the road for access to the
fathering parcel unless such use is for access to a residential
homesite on the Fathering Parcel. In addition, the Association may
apportion the assessments against such Units based on the benefits
or burdens related to a particular Unit or class of Units in its
reasonable discretion. In the event future Units are created from
the lands comprising the Fathering Parcel, they shall be assessed
a portion of the assessment allocated to the Fathering Parcel prior
to such 'Unit's creation, based upon the ratio that such Unit's
acreage bears to the acreage of the Fathering Parcel. Lots or
buildings which are deed restricted for employee housing purposes,
shall only pay assessments for assessable costs as defined
hereinafter, as the same are directly attributable on a direct
- 6 -
7-69477 B'-48 P-920 04/28/?4 09:56A PG 12 047
�"
usage basis. Assessments may include the costs of additions,
maintenance and operation of utilities, roads and fences, expenses
of management, taxes and special assessments unless separately
assessed, landscaping, ranching, farming and equestrian facilities
and activities, irrigation activities including ditch construction,
maintenance and repair either within the Subdivision or along
ditches leading to or from the Subdivision, and care of grounds for
all lands within the Subdivision including the NDE tracts,
Restricted Open Space and Agricultural Easement Areas, additions,
repairs and renovations, trash and garbage collection, wages, snow
removal, irrigation and domestic water system additions, repairs
and maintenance, legal and accounting fees, management fees,
expenses and liabilities incurred by the Association under or by
reason of this Declaration, payment of any deficit from a previous
assessment:, creation of a reasonable contingency, reserve or
surplus fund, and other costs and expenses relating to the
Subdivision. Assessments shall be a personal obligation of each
owner and suit to recover money judgment shall be maintainable
without waiving the lien securing the same.
3.10 Assessment Lien.
3.10.1 Assessments chargeable to any Unit shall
constitute a lien on such Unit superior to all other liens and
encumbrances except: (i) liens and encumbrances recorded before
the recordation of the Declaration; (ii) a security interest on
the Unit which has priority over all other security interests on
the Unit and which was recorded before the date on which the
assessment sought to be enforced became delinquent; and (iii) liens
for real estate taxes and other governmental assessments or charges
against the Unit.
3.10.2 An assessment lien under this section 3.10 is
superior -to a security interest on the Unit which has priority over
all other security interests on the Unit and which was recorded
before the date on which the assessment sought to be enforced
became delinquent to the extent of:
(a) any attorney fees and costs being
incurred in an action to enforce the lien, plus;
(b) an amount equal to the common expense
assessments based on a periodic budget adopted by the Association
which would have become due, in the absence of any acceleration,
during the six months immediately preceding institution of an
action to enforce the lien, but in no event shall such priority
accorded to the assessment lien exceed one hundred fifty percent of
the average monthly assessment during the immediately preceding
fiscal year multiplied by six.
- 7 -
369477 $-748 F' -v21
04/^•_8/94 o9:56A F'8 1.3 0 27
3.10.3 This section 3.10 does not affect the priority
of mechanics' or materialmen's liens or the priority of liens for
other assessments made by the Association.
3.10.4 If any assessment shall remain unpaid 25 days
after the due date thereof, the Association may impose a surcharge
of 1.75% of such assessment on the first day of each calendar month
thereafter- so long as such assessment shall be unpaid, provided,
however, that the maximum surcharge in one year shall be no greater
than twenty-one percent (21%).
3.10.5 Recording of the Declaration constitutes
record notice and perfection of the lien. No further recordation
is required.
3.10.6 The Association's lien may be foreclosed in
like manner as a mortgage on real estate.
3.10.7 Upon such foreclosure the Association's claim
shall include the amount of unpaid assessments, penalties thereon,
the costs and expenses of such proceedings, the costs and expenses
of filing the notice of lien, and reasonable attorney's fees, and
any deficiency shall be a common expense assessed equally to all
Unit owners. The Association may bid on the Unit at foreclosure
sale and hold, lease, mortgage, or convey the same.
3.11 Statement of Assessments and Liability of
Purchasers. The Association shall furnish to an owner or his
designee or to a holder of a security interest or its designee upon
written request, delivered personally or by certified mail, first-
class postage prepaid, return receipt requested, to the
Association's registered agent, a statement setting forth the
amount of unpaid assessments currentlylevied against such owner's
lot. The statement shall be furnished within fourteen (14)
business days after receipt of the request and is binding on the
Association, the Board of Directors, and every Owner. If no
statement. is furnished to the Owner or holder of a security
interest or their designee, delivered personally or by certified
mail, first-class postage prepaid, return receipt requested, to the
inquiring party, then the Association shall have no right to assert
a priority lien upon the Unit for unpaid assessments which were due
as of the! date of the request.
3.11.1 The grantee of a Unit shall be jointly and
severally liable with the grantor for all unpaid assessments
against the tract accrued prior to the conveyance, without
prejudice to the grantee's right to recover from the grantor the
amounts paid by the grantee therefor.
3.12 Incorporation into Future Filings. For purposes of
administration, maintenance and the sharing of expenses provided
369477 B-748 P-922 04/28/94 09:56A PG 14 OF i
for in Section 3.9 above, the Association may be incorporated into
any association created in the future pursuant to the further
subdivision of lands now or hereafter owned by Declarant, its
successors and assigns adjacent to the Subdivision. Without
incorporation, the Association may contract with any other
homeowners association which administers adjacent property to
mutually undertake functions similar to those undertaken by
Association pursuant to this Declaration and the costs incurred
pursuant to said contract shall be a common expense of the
Association.
3.13 Declarant' s anti owners HC xnOW.L UW41=L1 V VL L %A r --L
Developmeit Potential. Declarant acknowledges that pursuant to the
Low Impact Subdivision Regulations of the Pitkin County Land Use
Code, through which regulations the Subdivision was created, the
lands within the Subdivision and the Fathering Parcel are presently
restricted against being further subdivided unless amendments or
other changes occur in the Pitkin County Land Use Code and in the
event such changes occur, Declarant does not wish to be prohibited
from the benefits thereof. And, in addition, under the terms of
the Pitkin County Land Use Code, there are uses which are allowed
on the Subdivision which do not presently exist. Therefore, each
owner of a Tract, by acquiring title thereto subject to this
Declaration, acknowledges and agrees that, for a period of fifty
(50 ) years following the recordation of the Declaration, subject to
obtaining any necessary approvals from the government of Pitkin
County, Colorado or any successor political subdivision having
jurisdiction over the Subdivision and the Fathering Parcel: 1)
Declarant, its successors and assigns, may undertake additional
development of the Fathering Parcel ; and 2) no such owner shall
have any claim against Declarant nor shall make any objection to
any such future development based upon any claim of reliance or
misrepresentation with respect thereto; and, 3) that the maximum
number of Units is ascertainable as a function of the maximum
number which could be permitted under local zoning regulations in
effect from time to time but in no event shall exceed ten (10).
ARTICLE 4 -- ARCHITECTURAL COMMITTEE
4.1 Architectural Committee. The Architectural
Committees shall mean the Board of Directors of the Association.
The Architectural Committee shall have and exercise all of the
powers, duties, and responsibilities set out in this instrument,
and may, but shall not be required to, establish guidelines and
requirements for compliance with its authority, including the
establishment of costs and fees reasonably related to the
processing and evaluation of requests for Committee action.
4.2 Approval by Architectural Committee. No
improvements of any kind, including but not limited to dwelling
MM
369477 B- r 48 P--923 04/28/94 09.56A F'6 15 OF :-?
houses, barns, stables, outbuildings, swimming pools, tennis
courts, ponds, driveways and parking areas, fences, walls, garages,
antennae, flagpoles, curbs, walks, landscaping, irrigation ditches
or structures, and wells shall ever be constructed or altered
(including any change in exterior color or materials), on any lands
within the! Subdivision, nor may any vegetation be altered or
destroyed nor any landscaping performed on any tract, unless the
complete architectural plans for such construction or alteration or
landscaping are approved in writing by the Architectural Committee
prior to the commencement of such work. No person shall have the
right to rely on any verbal approval. In the event the
Architectural Committee fails to take any action within .60 days
after complete architectural plans for such work have been
submitted to it, then all of such submitted architectural plans
shall be deemed to be approved. In the event the Architectural
Committee shall disapprove any architectural plans, the person or
association submitting such architectural plans may appeal the
matter to the next annual or special meeting of the Members of the
Association, where a vote of at least sixty-seven (67%) of the
votes entitled to be cast at said meeting shall be required to
change the! decision of the Architectural Committee.
4.3 variances. Where circumstances, such as topography,
location of property lines, location of trees and brush, or other
matters require, the Architectural Committee may, by a two-thirds
vote, allow reasonable variances as to any of the covenants
contained in this Declaration, on such terms and conditions as it
shall require; provided that no such variance shall be finally
allowed until 30 days after the Architectural Committee shall have
mailed a notice of such variance to each Member of the
Association. In the event any three Members shall notify the
Architectural Committee in writing of their objection to such
variance within said 30 -day period, the variance shall not be
allowed until such time as it shall have been approved by a vote of
at least sixty-seven (67%) the votes entitled to be cast at an
annual or special meeting of the Members of the Association.
4.4 General Requirements. The Architectural Committee
shall exercise its best judgment to see that all improvements,
construction, landscaping and alterations on the lands within the
Subdivision conform and harmonize with the natural surroundings and
with the existing structures as to external design, materials,
color, siting, height, topography, grade, landscaping and finished
ground elevation. The Architectural Committee shall protect the
seclusion of each home site from other home sites insofar as
possible and may require landscaping and the planting of specimen
trees.
4.5 Preliminary Approvals. Persons or associations who
anticipate constructing improvements on lands within the
Subdivision, whether they already own lands in the Subdivision or
-. 10 -
369477 8-748 P-924 04/28/94 09:56A PG 16 OF 27
are contemplating the purchase of such lands, may submit
preliminary sketches of such improvements to
or a Architectural
Committee for informal and preliminary app
oval, but
the Architectural Committee shall never be finally committed or
bound by any preliminary or informal approval or disapproval until
such time as complete architectural plans are submitted and
approved or disapproved.
4.6 Architectural Pians. The Architectural Committee
shall disapprove any architectural plans submitted to it which are
not sufficient for it to exercise the judgment required of it by
this Declaration.
4.7 Architectural Committee Not Liable.
The
Architectural Committee shall not be liable in damages to any
person or association submitting any architectural plans for
approval, or to any owner or owners of lands wi.tthinovale
Subdivision, by reason of any action, failure to act, pp
disapproval, or failure to approve or disapprove, with regard to
he
such architectural plans. Any person or association acqu arson for
title to any property in the Subdivision, or any p
association submitting plans to the Architectural Committee for
approval, by so doing does agree and covenant that he or it will
not brine any action or suit to recover damages against the
Architectural Committee, its members as individuals, or its
advisors, employees, or agents.
4.8 Written Records. The Architectural Committee shall
keep and safeguard for at least five years complete permanent
written records of all applications for approval submitted to it
(including one set of all architectural plans so submitted) and of
all actions of approval or disapproval and all other actions taken
by it under the provisions of this instrument.
ARTICLE 5 -- GENERAL RESTRICTIONS ON ALL LOTS
E').1 zoning Regulations. No lands within the Subdivision
shall ever be occupied or used by or for any structure or purpose
or in any manner which is contrary to the zoning regulations of
Pitkin County, Colorado, validly in force from time to time, except
as the same may be allowed under said regulations as a
nonconforming structure or use. Subject to the provisions of
paragraph 3.13, no lands within the Subdivision (including any
Tract within the Subdivision) and the Fathering Parcel shall be
further subdivided. This Section 5.1 may not be amended without
the written consent of the Board of County Commissioners of Pitkin
County, Colorado.
5.2 No Minin Drillin or uart in No mining,
quarrying, tunnelling, excavating., or drilling for any substance
369477 B--7481 P-925 04/28/94 C)9 -56A F6 17 OF 27
within the earth, including but not limited to, oil, gas, minerals,
gravel, sand, rock, geothermal and earth, except for activities
conducted under prior mineral reservations, agricultural, utility,
water and septic purposes shall ever be permitted within the limits
of the Subdivision.
5.3 No Business Uses. No lands within the Subdivision
shall ever be occupied or used for any non-agricultural commercial
or business purpose without the consent of the Architectural
Committee, nor for any noxious activity and nothing shall be done
or permitted to be done on any of said lands which is a nuisance or
might become a nuisance to the owner or owners of any of said
lands. No store, office, or other place of non-agricultural
commercial or professional business of any kind; nor any hospital,
sanitorium, or other place for the care or treatment of the sickor
disabled physically or mentally; nor any public theater,
restaurant., or other public place of entertainment; nor any church;
shall ever- be constructed, altered, or permitted to remain within
the Subdivision. Nothing herein shall be deemed to prohibit
recreational facilities or activities including without limitation,
equestrian, horse boarding and training, tennis, golf, etc. nor any
home occupation provided the same is permitted under the Pitkin
County Land Use Code in effect and as amended from time to time and
further provided such use does not constitute a nuisance or violate
any other provision of this Declaration.
5.4 Signs. With the exception of one "For Rent" or "For
Sale" sign (which shall not be larger than 20 x 26 inches) and
except for one entrance gate sign of a style and design approved by
the Architectural Committee, no advertising signs, billboards,
unsightly objects, or nuisances shall be erected, altered, or
permitted to remain on any tract in the Subdivision. The
above -referenced "For Rent" or "For Sale" sign shall only be
located, if permitted by the Architectural Committee, within the
boundaries of a Tract.
5.5 Animals and Fencin. Except as approved by the
Architectural Committee, no animals or poultry shall be kept on
Tracts in the Subdivision. Furthermore, domestic dogs shall be
prohibited from being kept on said lots. Dogs utilized in
connection with ranching activities shall be permitted on the
Fathering Parcel and within the Subdivision. Any animal which
interferers with wildlife or farm and ranching operations within the
Subdivision or any adjoining lands thereto shall be subject to
removal or destruction by the Architectural Committee upon its
finding of such interference or failure of the owner to properly
control and/or restrain such animal. Horses and cows may be kept
only with the prior written permission of the Architectural
Committee: which may designate areas for the pasturing and housing
of said animals. The Architectural Committee may require any owner
of lands within the Subdivision to remove any animals or poultry,
- 12 -
369477 9-748 F-926 1)4/.^-_8/94 09:56A FG 18 OF `'27
if in the opinion of the Architectural Committee the lands are
overgrazed or the animals or poultry constitute an annoyance to the
owners of neighboring tracts or an interference with breeding stock
or other ranching operations or wildlife within or a kept by the
oining the
Subdivision. Animals and poultry permitted to
Architectural Committee, must be kept in designated areas which
shall be clean, sanitary, and reasonably free of refuse, insects,
and waste at all times. A right of access to verify and enforce
the foregoing is hereby granted to the Pitkin County Animal Control
Officer.
No grading shall take place nor shall any fence be
erected on any tract nor shall any change in any irrigationof itch
or water structure take place. which, in the judgment
Architectural Committee, interferes with -any agricultural or
ranching activity in effect on the date of recording of this
Declaration or thereafter.
5.6 Service Yards and Trash. All clothes lines,
equipment, camp
ers, boats, trucks, trailers, service yards,
woodpiles, or storage piles on any Tract in the Subdivision shall
be kept screened by adequate planting or fencing so as to conceal
them from the view of neighboring tracts and streets and access
roads. All rubbish and trash shall be removed from all Tracts, and
shall not be allowed to accumulate and shall not be burned thereon
except in. burners approved by the Architectural Committee as to
location, design, materials, and construction, and except at such
hours of the day as shall be established by the Architectural
Committee.
5.7 No Ascharge of Firearms. The discharge of firearms
shall not be permitted on any of the lands in the Subdivision
without approval of the Architectural Control Committee and only if
reasonably related to bona fide ranching or farming necessities.
Hunting activities may take place only with the prior written
consent of the Architectural Control Committee, and notwithstanding
any such consent, shall not be conducted in a manner that is
disruptive of the peace and tranquility of adjacent properties nor
in a manner that could or is likely to create a threat to the
safety of persons or property.
ARTICLE 6 -- RESTRICTIONS ON Tracts
f5.1 Number and Location of Buildings. Except for
buildings or structures in place on the date of recording this
Declaration, no buildings or structures shall be placed, erected,
altered, or permitted to remain on any Tract other than:
(a) One detached single-family dwelling house;
and
- 13 -
36941-7 B-748 P -94f0 04/2'$/94 09:56A PG 19 OF Z'7
(b) One guest or caretaker house (if permitted
and approved under local zoning
regulations); unless otherwise approved by
local governmental authorities and the
Architectural Committee, if a caretaker
house, it shall be attached to or within
either the principal dwelling house or an
approved outbuilding;
(c) One attached or detached garage and one
barn;
(d) One or more accessory farm buildings or
structures.
6.1.1 No dwelling house, building or other structure
shall be placed, erected, altered, or permitted to remain on any
Tract at any site or location other than within the Building
Envelope indicated on the recorded plats of the Subdivision or if
existing on the date of recording of this Declaration, such
structures may be permitted to be located outside of an established
Building Envelope. A barn or other outbuilding may be located
outside of the Building Envelope provided it is located within the
Barn Site indicated on the recorded plats of the Subdivision or if
existing on the date of recording of this Declaration, such barn or
outbuilding may be permitted to be located outside of the Barn
Site. Notwithstanding the foregoing, if specifically permitted in
writing by the Architectural Committee and by the Pitkin County
Board of County Commissioners, such structures may be permitted to
be located outside of an established Building Envelope or Barn
Site. Each residential dwelling shall be equipped with interior
fire sprinklers and a security system with fire detectors and a
fire alarm. Each Lot owner shall be responsible for the
construction of the driveway which provides said Lot with access.
In addition, the roof material for any structure on a Lot shall be
of a non --combustible material, including metal, tile or asphalt;
or, Class B Certi-Guard Red Label shakes and shingles utilizing
Class B construction techniques (1/2" minimum solid sheathing or
better).
5.1.2 Prior to issuance of residential building
permits, individual. home design and grading shall be reviewed and
approved by a certified engineer to insure that such construction
and grading does not create any adverse impact on drainage
throughout the Subdivision. In addition, prior to issuance of any
such building permit for any Lot within the Subdivision, the Pitkin
County Environmental Health Department shall review and approve a
final drainage plan which addresses control of irrigation water and
drainage water as they relate to sewage disposal system operations
for said Lot for which a building permit is sought. All
construction activity within Lots within the Subdivision shall be
- 14 -
Vca4/28/94 09:56A PG 20 047
369477 8-748 F--9._8
limited to the hours between 7:00 a.m. and 7:00 p.m. The design of
individual sewage disposal systems shall be reviewed and approved
by the Pitkin County Environmental Health Department prior to the
issuance of a building permit for the Tract for which said building
permit is sought.
6.2 Dwellin House to be Constructed First. No guest
house, caretaker house, garage, or other building shall be
constructed on any Tract until after commencement of construction
of the dwelling house on the same Tract. All construction and
alteration work shall be prosecuted diligently, and each building,
structure, or improvement which is commenced on any Tract shall be
entirely completed within 16 months after commencement of
construction.
6,.3 Towers and Antennae. No towers or radio or
television antennae or satellite transmission receiving antennae
shall be erected on any Tract without approval of the Architectural
Committee and shall be fully screened from view from adjacent
properties.
6.4 Trees and Landscaping. No trees or brush growing on
any Tract shall be felled or trimmed nor shall any natural areas be
cleared, graded or formal lawn areas constructed, or landscaping
performed on any Tract without the prior written permission of the
Architectural Committee. All landscaping shall, at a minimum,
conform to the landscaping plans and planting schedules identified
on the Detailed Submission mapping for the Subdivision at the sheet
titled "Tree Screen Landscape Plan" ("Landscape Plan") as submitted
to Pitkin County. Each owner of a Tract shall provide, prior to
issuance of a building permit on said lot, financial assurances
satisfactory to Pitkin County, for the costs of landscaping
necessary to comply with the Landscape Plan for said lot.
6.5 Tanks. No tanks of any kind shall be erected,
placed, or permitted upon any Tract unless buried or if located
above ground the location and screening shall be as determined by
the Architectural Committee.
6.6 used or Temporary Structures. No used or previously
erected or temporary house, structure, house trailer, or
nonpermanent outbuilding shall ever be placed, erected, or allowed
to remain on any Tract, except, to the extent permitted by all
applicable County regulations, during. construction periods, and no
dwelling house shall be occupied in any manner prior to its
completion.
6.7 Exterior Lighting. All exterior lights and light
standards on Tracts shall be approved by the Architectural
Committees for harmonious development and the prevention of lighting
- 15 -
36947 B-748 F-929 04/2e/94 09:56A PG 2t OF �,
nuisances to other lands in the Subdivision and shall also fully
comply with any applicable Pitkin County lighting regulations.
6.8 Off -Street Parking. No dwelling house shall be
constructed on any Tract unless there is concurrently constructed
on the same tract adequate off-street parking areas for at least
four automobiles.
6A Dust Control. Each owner shall be responsible for
ongoing dust control on any driveway within any Tract. The
Association shall take reasonable steps to insure minimal dust
pollution results from roads within the Subdivision and such roads
may, in the discretion of the Association, be treated as necessary
with magnesium chloride or other dust suppressants. The
Association shall have the right to treat private driveways and
assess the costs thereof against the respective owner if such owner
fails to fulfill his responsibility for his individual dust
control.
6.10 Weed Control. The Association may, in its
discretion, implement and follow a program of noxious weed control
which may address, the control and elimination of Canadian Thistle
and other undesirable weeds. The Association shall have the right
to enter -upon any Tract and conduct a weed control program within
the area of such Tract lying outside of the building envelope shown
on the Plat.
6.11 Road Damage. Each owner of a Tract is responsible
for any damage caused to the roadways within the Subdivision during
the construction of improvements upon such owner's property by any
vehicle or equipment belonging either to said owner or to any
person oz: entity using the roads within the Subdivision while
engaged in any activity benefiting said owner. Metal treads or
other "lugged" tread or tired vehicles are not permitted to drive
across the roads within the Subdivision, however, such equipment
may access lands within the Subdivision on a trailer or flatbed
vehicle as may be appropriate provided any damage resulting
therefrom. is repaired and paid for as provided hereinabove. Each
owner shall also be responsible for any damage caused by utility
cuts in roads, washouts and run off damage caused by failure to
install culverts properly and in a timely manner as may be
necessary in connection with the construction of improvements upon
or any other uses made by such owner to his Tract. The Board of
Directors shall have the right to establish, implement and enforce
an impact fee system to allocate costs for road damage and general
wear and tear on the roads within the Subdivision upon terms and
conditions which said Board deems best in the interests of the
members of the Association. Such impact fee system may include
charges based upon "per vehicle", "per load", "per ton", or "per
trip calculations. Said system may also deny access to the
Subdivision to any vehicle for which said impact fee has not been
- 16 -
• .369477 B-748 F -930W04/28/94 09:56A FG 22 OF
paid. The Board may also implement and enforce weight limits on
the roads within the Subdivision.
6.12 Sanitary Systems. No sewerage disposal system,
sanitary system, cesspool, or septic tank shall be constructed,
altered, or allowed to remain or be used on any Lot unless fully
approved as to design, capacity, location, and construction by all
proper public health agencies of the State of Colorado and the
County of Pitkin and also by the Architectural Committee.
ARTICLE 7 -- RESTRICTIONS ON AGRICULTURAL EASEMENT
AREAS, NON DEVELOPMENT EASEMENT TRACTS ("NDE") AND
RESTRICTED OPEN SPACE
7„1 No Structures or Improvements. Unless permitted by
local zoning ordinances or any other applicable County regulations,
as adopted or amended from time to time, no buildings, structures,
or improvements of any nature shall be placed, erected, altered, or
permitted to remain on any Agricultural Easement Area shown on the
Plat or NDE tract, except for fences, ponds, irrigation structures,
farm or ranch accessory structures, equestrian activity fields and
facilities, and private roads giving access to Tracts in the
Subdivision, which have the prior written approval of the
Architectural Committee and are in compliance with all applicable
County regulations. Necessary utility installations shall be
permitted along established or platted utility easements and other
areas as determined by the Architectural Committee. All such
utility installations shall be placed underground except for the
components of such systems that must be placed above ground such
as, without limitation, electrical transformer vaults, telephone
pedestals and water well pumps and control structures.
7.2 Trees and Landscaping. No trees or brush growing in
NDE tracts shall be felled or trimmed, no natural areas shall be
cleared, nor shall any natural vegetation, rocks, or soil be
damaged or removed, nor any landscaping performed, unless first
approved in writing by the Architectural Committee.
7.3 Temporary Buildings. No temporary house, house
trailer, camper, boat, horse trailer, tent, construction materials,
or other temporary or movable structure shall be placed, erected,
or allowed to remain on any NDE tract, expect as attendant to
lawful development.
7.4 Exterior Lighting. No exterior lights, fixtures, or
standards shall be erected, installed, or permitted to remain on
any NDE tract, except as attendant to lawful development.
7'.5 Leasing of NDE Tracts. No NDE tract or Agricultural
Easement Area may ever be leased to any person or association
without the prior written permission of the Architectural Control
- 17 -
369477 9-748 P-931 04/8/94 09:56A PG 23 O ci
Committee except as is necessary to carry out the intents and
purposes expressed in Article 8, herein reserving such authority to
Declarant, it successors and assigns.
7.6 Restrictions on Restricted Open Space._ Areas
identified. on the Plat as "Restricted Open Space" shall onlybe
used for ranching, passive recreational uses and equestrian
activities. No buildings will be permitted to be erected in these
areas.
ARTICLE 8 -- EASEMENTS AND LANDS RESERVED
8..1 Utility Easements Reserved. Declarant hereby
reserves to itself, its successors and assigns, perpetual easements
twenty feet in width: 1) on each side of the boundary line along
the entire perimeter of each Tract and other tracts and all other
easements described on the recorded Plat of the Subdivision, for
the purpose of constructing, maintaining, operating, replacing,
enlarging,, and repairing electric, telephone, water, irrigation,
sewer, gas, and similar lines, pipes, wires,. conduits, ditches,
fences and walking and equestrian riding trails; and 2) everywhere
within the: Subdivision, except within Building Envelopes designated
on the Plat or approved by the Architectural Committee, for the
purpose of installing and maintaining water wells, water lines and
related equipment and facilities as may be necessary to serve
Tracts. The precise location of said easements shall be first
approved by the Architectural Committee and shall be established
after the installation of the water lines or wells.
8.2 Irriclation and Grazing Easements, NDE xeservazion
and Agricultural Easement Area Reservation. Declarant hereby
reserves to itself, its successors and assigns, perpetual easements
across all of the lands in the Subdivision along the line of all
domestic water lines and irrigation ditches and laterals presently
in existence and across all other lands in the Subdivision, for the
purpose of constructing, maintaining, relocating, replacing and
operating domestic water supply systems or irrigation ditches and
laterals and if the Architectural Committee so determines, to
construct, maintain and operate other irrigation systems including
without limitation, sprinklered irrigation systems, all for the
proper irrigation of all meadow lands or hay or equestrian fields
in and adjoining the Subdivision or located on any tracts therein.
Declarant reserves to itself, its successors and assigns all lands
within the NDE tracts and the right to engage in any lawful
development thereon, .to conduct farming and ranching activities and
to irrigate all meadow lands at all reasonable times, to build and
maintain fences and ditches and relocate the same from time to time
and to go on all tracts in the Subdivision for the purpose of
carrying on such activities and irrigating such meadow lands or hay
or equestrian fields so as to preserve and maintain their natural
beauty.
- 18 -
369477 B-748
F-932 04/28/94 09:568 F8 24 O �r
Declarant reserves to itself, its successors and
assigns a perpetual, non-exclusive easement across all lands within
the Agricultural Easement Areas shown on the Plat and the exclusive
right to conduct farming, ranching and any other agricultural
activities of every nature whatsoever thereon; to irrigate any or
all lands thereon without, however, the obligation to do so; and/or
ranching activities of every nature whatsoever thereon; to irrigate
any or all lands therein; to retain all crops and profits from such
activities;
8.3 Easements for Private Roads and Equestrian Trails.
In addition to- the easements and reservations set forth on the
Plat, Declarant hereby reserves to itself, its successors and
assigns perpetual easements across all roads within the Subdivision
giving access to the Tracts and any NDE tracts in the Subdivision
as shown on the Plat or as may hereafter be established by the
Declarant,, together with the right of the Declarant to permit the
use of said easements by owners of the Fathering Parcel for
purposes of access, ingress, egress and the placement of utilities
ARTICLE 9 -- ENFORCEMENT
9.1 Enforcement Action. The Architectural Committee
shall have the right to prosecute any action to enforce the
provisions of all of this Declaration by injunctive relief, on
behalf of itself and all or part of the Owners. In addition, each
Owner and the Fathering Parcel and/or the Association, shall have
the right to prosecute any action for injunctive relief and for
damages by reason of any violation of any provisions of this
Declaration. In addition, the Board of County Commissioners of
Pitkin County shall have the right to enforce the provisions of
this Declaration for which,said Board of County Commissioners has
the right to approve an amendment as set forth in Section 11.2
hereof.
9.2 Limitations on Actions. In the event any
construction or alteration or landscaping work is commenced upon
any of the lands in the Subdivision in violation of any provision
of this Declaration and no action is commenced within 180 days
thereafter to restrain such violation, then injunctive or equitable
relief shall be denied, but an action for damages shall still be
available to any party aggrieved. Said 180 -day limitation shall
not apply to injunctive or equitable relief against other
violations of this Declaration. No bond shall be required to be
posted by any party seeking to enforce the provisions of this
Declaration against the owner of a Tract and all of said owners of
Tracts hereby waive the requirement of posting a bond in such
action.
- 19 -
36947 7 B-748 P-933 04/28/94 i)9: 56A F 25 OF
ARTICLE 10 -- INSURANCE
101.1 Insurance. The Association may purchase property
insurance policies covering the Subdivision property, the
Agricultural Easement Area, NDE Tracts, roads, easements,
equipment, and other property that the Association, in its
discretion, deems advisable. In addition, the Association may
purchase commercial general liability insurance against claims and
liabilities arising in connection with the ownership, existence,
use, management or other activities related to the land shown on
the Plat. The Association may purchase any other insurance
policies it deems advisable.
10.2 Fidelity Insurance. If any Owner or employee of an
Association controls or disburses funds of the Association, the
Association must obtain and maintain, to the extent reasonably
available, fidelity insurance. Coverage shall not be less in
aggregate than two months' current assessments plus reserves, as
calculated from the current budget of the Association.
10.2.1 Any person employed as an independent
contractor by the Association for the purposes of managing the
Subdivision must obtain and maintain fidelity insurance in an
amount not less than the amount specified in Section 10.2, unless
the Association names such person as an insured employee in a
contract of fidelity insurance, pursuant to Section 10.2.
10.2.2 The Association may carry fidelity insurance
in amounts greater than required in Section 10.2 and may require
any independent contractor employed for the purposes of managing
the Project to carry more fidelity insurance coverage than required
in Section 10.2.
10.3 Insurance Premiums are Common Expenses. Premiums for
insurance that the Association acquires and other expenses
connected. with acquiring such insurance are common expenses.
ARTICLE 11 -- GENERAL PROVISIONS
11.1 Covenants to Run. All of the covenants contained in
this Declaration shall be a burden on the title to all of the lands
in the Subdivision, and the benefits thereof shall inure to the
owners of all of the lands in the Subdivision, and the owner(s) of
the Fathering Parcel.
3.1.2 Termination and Amendment of Declaration. The
covenants contained in this Declaration shall terminate unless
extended by Amendment, on or before November 1, 2045, or at the
time of final and intentional corporate dissolution of the
Association, whichever date shall first occur.
- 20 -
P,
369477 B-748 P-934 04/28/94 49:56A PG 26 OF r
This Declaration and/or the Plat may be amended by the
owners of seventy percent (70%) of the votes in the Association.
A properly certified copy of any resolution of amendment shall be
placed of record in Pitkin County, Colorado, not more than six
months after the date of said amendment. If the Declaration is so
amended, then it shall continue in effect, as amended, for so long
thereafter- as may be stated in said amendment. No amendment which
is less restrictive than the provisions contained in Section 2.6
(NDE definition), Section 5.1 (Zoning Regulations), Section 5.5
(Animals and Fencing), Section 6.1 (Number and Location of
Buildings), and Article 7 (Restrictions on Agricultural Easements
and NDE Tracts) shall be effective unless consent thereto is
obtained :From the Board of County Commissioners of Pitkin County,
Colorado.
1:1.3 Severability. Should any part or parts of the
Declaration be declared invalid or unenforceable by any court of
competent jurisdiction, such decisions shall not affect the
validity of the remaining covenants.
11.4 Repeal of the Act. In the event that the Act is
repealed, the provisions of the Act immediately before its repeal
shall control this declaration. However, to the extent that the
Bylaws of the Association differ from the Act as repealed, the
provisions of the Bylaws shall control.
11.5 Paragraph Headings. The .paragraph headings in this
instrument are for convenience only and shall not be construed to
be a part of the covenants contained herein.
lajo11a\decs.ff
04/14/94 draft
- END -
- 21 -
EXHIBIT A TO DECLARATION OF PROTECTIVE COVENANTS
VOTING INTERESTS
Tract A 7.73%
Tract EI 7.83%
Tract C: 7.97%
Tract D 7.78%
Fathering Parcel (including NDE) 68.69%
TOTAL 100.00%
- 22 -
369477 B-748 P-935
04/28/94
C)9 -56A PG 27
OF ^_i
EXHIBIT A TO DECLARATION OF PROTECTIVE COVENANTS
VOTING INTERESTS
Tract A 7.73%
Tract EI 7.83%
Tract C: 7.97%
Tract D 7.78%
Fathering Parcel (including NDE) 68.69%
TOTAL 100.00%
- 22 -
O FEC. DOC
94� gg X48C)4/ ?99 94 1�> • C'04, P 11 30. c )o
39' LM4 DJ '� F' T. Tk..I f�l`C6UNTY GL:: � RECORDER
MCCABE RANCH
SUBDIVISION IMPROVEMENTS AGREEMENT
THIS AGREEMENT, made and entered into this l day of
erg - , 1994, by and between HARRY ANTHONY COLLINS,
TRUSTEE OF THE HARRY ANTHONY COLLINS AND JUDITH ALLEN COLLINS
REVOCABLE TRUST AGREEMENT (hereinafter referred to as "Owner") and
THE BOARD OF COUNTY COMMISSIONERS of the County of Pitkin,
Colorado, as the governing body of Pitkin County, Colorado
(hereafter referred to as County).
W I T N E S S E T H
WHEREAS, Owner has submitted to the County for approval,
execution and recording a final plat of McCabe Ranch low impact
subdivision (hereinafter referred to as the "Subdivision")
consisting of 4 residential lots (hereinafter "Lots"), five PMH
zoned employee dwelling units (hereinafter "PMA Units") and a non -
development easement area (hereinafter "NDE Area") on certain real
property in Pitkin County, Colorado, more particularly described as
lands described as Legal Description of Entire Property on sheet 1
of the final plat of McCabe Ranch (hereinafter "Plat"), which Plat
appears of record in Plat Book � at Page a:7 in the real property
records of Pitkin County, Colorado; and
WHEREAS, the County has fully considered the Plat and is
willing to grant approval of and execute the same upon Owner's
agreement to the obligations herein, all as required by the Pitkin
County Land Use Code; and
WHEREAS, the Owner is willing to accept these obligations and
to enter into this Agreement with the County to provide for the
same;
NOW, THEREFORE, in consideration of the mutual covenants
herein contained, the parties hereto stipulate and agree as
follows.
1. PMH Units. Five pre-existing dwelling units located on
the McCabe Ranch are deed restricted as employee dwelling units
("PMH Units") and are rezoned to the PMH Zone District and located
and described on the Plat. The specific terms of the occupancy and
rental of: the PMA Units are set forth in the separate agreement
between Owner and the Pitkin County Housing Authority recorded of
even date herewith and in Resolution 93-20, adopted October 12,
1993, grunting PMH rezoning of certain land upon which the PMH
Units are located. The Owner is hereby obligated to make the
improvements and repairs (collectively the "Improvements") to the
PMH Units described on the Aspen\Pitkin Building Department
checklist:, attached hereto and incorporated herein by this
references at Exhibit A.
369478 8-748 F *,7 04/28/94 10:01A PG 2 U06
2. Nature and Estimated Cost of Improvements. Owner shall
be responsible for construction of the Improvements required
hereunder at Exhibit A. The cost of the Improvements is estimated
not to exceed eight -thousand dollars ($8000.00). In the event the
cost of the Improvements exceeds the estimate, Owner shall be
solely responsible for the higher cost thereof.
3.Construction Schedule. The Improvements shall be
completed not later than six months from the date of recording the
Final Plat for the Subdivision.
4. Financial Assurances. Owner's completion of the
Improvements shall be secured by the collateral security
("Collateral Security") described below. The Collateral Security
shall be documented in a manner acceptable to the County Attorney
and may be in the form of a letter of credit, a cash deposit or an
assignment. of a certificate of deposit. In order to secure Owner's
performance under this Agreement, Owner hereby restricts the Lots
against conveyance or transfer and no transfer of said Lots shall
be permitted or building permit issued for a residence on any such
Lots until such time as the Collateral Security is provided to
Pitkin County in a form acceptable to the County Attorney. The
County may withhold execution of the Plat until such Collateral
Security Jis provided. The Collateral Security shall be in the
amount of eight -thousand dollars ($8000.00). Upon the acceptance
of the Collateral Security by the County Attorney, said Lot(s) may
be conveyed and building permit(s) therefore may issue.
4.1 As portions of the Improvements are completed, the
County shall inspect them; and, on approval and acceptance of such
Improvements by the County, the County Attorney shall authorize the
release of that amount of the security equal to the cost of that
portion of the Improvements completed provided, however, ten
percent of the cost of the Improvements completed shall be retained
until all Improvements are completed and approved by the County.
4.2 If Owner fails to complete the Improvements in
accordance herewith, Owner shall be given 90 days' written notice
from the Board of County Commissioners in which to complete the
improvements. If Owner fails to complete the improvements within
the 90 -day period, the Board of County Commissioners, upon 30 days'
written notice to Owner, shall have the unconditional right to draw
upon the Collateral Security, as posted, to pay for improvements to
be completed by the County or pay any outstanding bills for any
work already completed by any party with the Owner having the right
to bond over any outstanding liens on the property. Final payment
for any improvements completed by the County shall be made only
after same have been inspected and accepted by the County.
Notwithstanding, during the 90 -day notice period set forth above,
Owner may submit an updated construction schedule and Collateral
Security to complete any outstanding improvements for review and
acceptance in good faith by the County Attorney. Acceptance of the
-2-
369478 B-748 P -93b 04/28/94 10:01A PG 3 OF
updated construction schedule and Collateral Security shall be at
the reasonable discretion of the County.
4.3 In the event the Owner defaults hereunder and the
County, by withdrawal of funds, performs the obligations of the
Owner hereunder, the County, in good faith, shall be obligated to
complete the improvements in an economically efficient manner as is
practicable. The County may require a default fee as set forth in
to cover the County's administrative cost of completing the
improvements in the event the Owner defaults hereunder.
5. Execution of Final Plat. Owner's obligations to construct
the Improvements contemplated hereunder are expressly contingent on
the County's approving and executing the Final Plat for the
Subdivision and the recordation of the same in the office of the
Clerk and Recorder of Pitkin County, Colorado.
6. Covenants Running With Land. All covenants,
restrictions, conditions and obligations herein contained are
covenants running with the land and shall attach and bind and inure
to the benefit of the Owner and County, their respective grantees,
successors and assigns.
7. .Captions. Titles or captions of paragraphs contained in
this Agreement are inserted only as a matter of convenience and for
reference and in no way define, limit, extend or describe the scope
of this Subdivision Improvements Agreement or the intent of any
portions hereof.
8. Entire Agreement. This Subdivision Improvements
Agreement constitutes the full and complete agreement of the
parties hereto and may not be modified except by a written
agreement signed by the parties.
9. Notice. Any notice, communication, request, reply or
advice (hereinafter severally and collectively, for convenience,
called Notice) in this Agreement provided or permitted to be given,
made or accepted by either party to the other party must be in
writing and may, unless otherwise in the Agreement expressly
provided, be given or be served by depositing the same in the
United States mail, postage prepaid and registered or certified and
addressed to the party to be notified, with return receipt
requested, or by delivering the same to an officer or agent of such
party or by postage prepaid telegram, when appropriate, addressed
to the party to be notified. Notice deposited in the mail in the
manner hereinabove described shall be effective from and after the
expiration of three days after it is so deposited. Notice given in
-3-
369478 8 -?'48 F'-939
04/28/94 lo: (' -)IA PG 4 06'
any other manner shall be effective only if and when received by
the party to be notified. For purposes of notice, the addresses of
the parties shall, until changed as hereinafter provided, be as
follows:
PITKIN COUNTY: The Board of County Commissioners
c/o Pitkin County Manager
Pitkin County Courthouse
506 East Main Street
Aspen, Colorado 81611
OWNER: HARRY ANTHONY COLLINS, TRUSTEE
7855 Ivanhoe Avenue
Suite 408
LaJolla, California 92037
However, the parties hereto shall have the right from time to time
to change their respective addresses, and each shall have the right
to specify as its address any other address within the United
States of America by at least five days' written notice to the
other party.
SIGNATURES ON NEXT PAGE
-4-
369478 B-748 P-940 04/28/94 I0:01A PG 5 OF 6
IN WITNESS WHEREOF, the parties have executed this Subdivision
Improvements Agreement the day and year first written above.
OWNER:
By:
HARRY THONY COLLINS, TRUSTEE OF THE HARRY ANTHONY COLLINS AND
JUDITH; ALLEN COLLINS REVOCABLE TRUST AGREEMENT
ATTE
STATE OF C$lorado
THE BOARD OF COUNTY COMMISSIONERS
OF PITKIN COUN Y, 0
By
v Ie- t- - Chairperson
APPROVED AS TO FORM:
By
Timothy Whitsit
County Atto
ss.
COUNTY OF Pitkin )
S.ubscr • ed and sworn to before mehis Z� day of
1994, by as'04hairperson of CSV -Pitkin
County Boar of u
anty Commissioners..
Witness my hand and offi
My commission expires:
STATE OF Colorado
? ss.
COUNTY OF Pitkin )
Subscribed and sworn to before me this 1 day of M Q,t`Ot. ,
1994 by HARRY ANTHONY COLLINS, TRUSTEE OF THE HARRY ANTHONY COLLINS
AND JUDITH ALLEN COLLINS REVOCABLE TRUST AGREEMENT.
Witness my hand and officia s al.
My commission expires: 'l y S •'
OIL -
Notary Public
mccabe\sia 4
....%1 : G-:• 7� � f = .c_: _ f �._ _ .. _ 7 �'• ._ i f 4' % � _� ! - L_ ,. _ �� .. I-1 " t_i C3 _ C3
EXHIBIT A to Subdivision
Improvements Agreement
ASPE1`J OP1T'11, J REGIONAL BUILOINL•. —DEPARTMENT';
130 Sough G31.111-31 111-1 At7peri, Grkirtado 91G1 1 303/920-5440 �''•'
;.
BUILDING INSPECTION CHECK LIST -
Insp`eCtl6h _ Reinspection . - Partial Permit No.
I!;C STEEL (REBAR)3
ELECTRIC
0 PLUMBING
O MECHANICAL
4t14L1LDING
Fob rigs' .. �t,,'',•f;'y
lConsir. Service
Underground _
Rough
R•Frame
1`
C8i"Ions __,
Underground .r
Waste & Vont
Flue(s)
Insulation
Wall'' __
Rough
Wator Pipe
FR Flue(s)
Drywall
Perm. Service _ _
Gas Pipe _._._,
Combust. Air
Special
Sttic.Slabs .:. _�
Final __ ..
Final
Final
Mobile Home
Pads F Y:;;:; ,:;,;
Bonding
Fire Sprinklers _
Air. Cond.
Final
P'lers'`',;
Special
Mich. Hood
Bond earn:'.*`
Accepted 0 AccoOtod as Notod Ill U Reinspection Fee $
Rejected (] You aro ordered to make the following corrections on the construction which Is now in progress.
+ Contact Fire Marshal for further sprinkler inspection. n
••-- :�•.��';�.:tF cf� �.�t� ,3 1,> �- T1`/��'�►
1-/) t, /-• •1 n 6 c
instructions to inspector.
0
DESCRIPTION: # Levals , �Garago: Ali.. ---- Det. Carport Decks
Entry Foyer — Bedrooms , ,...._ Full Dellis --3/4 13atlis _._ r/a Baths ___, Kitchen — Dining r._ Living Famlly/Rea
Media Room Library _..— Office/Study _— Exercise Rin• __ Solarlurn/Greenhouse —• Storage Laundry _._. Msch.;
Mud Room Silting Rcont _ Den Breakfast Nook
Other:---
Fireplace:
ther:- Fireplace: Make _,_,._. _.., ., -_.. Model # _..._ Gas Appliance: Make Model # t • '
Address (_1 ,�'•:�'_. ,....?�`�I�.'�{ `t.•..__....._.__..._....._.... Contact Phone
Subdivlsian _ ......._.._.._ .___ .._____ .. Request Recd.lime
Contractorf = = F j.l. 1n ..,._..,_ .. ......_..... request for M T �Yy TH F A. P. Time
Owner1;:!'. .'... ` ....._, .. Dnle Insp. 1 <__ Inspectors
^r 6 F•-575 i 4/,)5/94 03.52P F'6 1 CIF 5 FEC DOC
S:LVIA DAVIS Fi IN COUNTY CLERK. & F,ECORDER
A RESOLUTION OF THE BOARD OF COUNTY CONMISSIONERS
OF PIIJKIN COUNTY, COLORADO GRANTING FINAL PLAT APPROVAL
FOR THE NCCABE RANCH LOO IMPACT SUBDIVISION
Resolution # 94- �
R
RECITALS
1. Mr. Harry A. Collins, Trustee of the Harry Anthony Collins
and Judith Allen Collins Revocable Trust Agreement,
hereinafter "Applicant", has applied to Pitkin County to
request Final Plat approval for a Low Impact Subdivision.
2. The Applicant's parcel is located within Township 9,
Section 7 and 8 and Range 86 West of the 6th P.M. and is more t
specifically described in Exhibit "A".
3. The proposed development creates a fathering parcel of y
95 acres (which contains six dwelling units), a i?; acre non- ! 1
i
3 development easement and four free-market parcels each I
containing approximately 3o acres in size.
4. A concurrent PMH rezoning request for five existing
dwelling units was approved by the Board on. October 12, 1993
pursuant to ordinance 193-20.
t
5. The Board found that the on-going lot line dL;pute
between John McBride and the McCabe Low Impact Subdivision S �'
i
(Harry A. Collins) shall not effect the disposition of this
"I
application, as it is a private matter. The application
complies with the acreage requirements for the Low Impact
Subdivision, regardless of the outcome of the lot -line
' �,., { icy 5r•�' i . .. r .. : - � ��
F ` � A
?b r'6=_ P -for, �'-_.. _ 411--51/=r4 03-:5-P PC, _ OF 5
I
Resolution 194-SLj
Page 2
dispute.
6. The Board found that the issue of available water rights
for this development had been resolved pursuant to the
approval of General and Detailed Submission for the McCabe Low
Impact Subdivision. The Water Rights Decree, as an order
entered in Case No. 92CW297, duly executed on December 23,
1992, confirms the resolution of this issue.
7. The Applicant's request mac considered by the Board of
County Commissioners, hereinafter "Board", at a duly noticed
,r
public hearing on March 15, 1994 at which time the Board has
found that the application meets the requirement of the Land
Use Code, if the recommended conditions are adhered to by the
Applicant. i
NOW, THEREFORE, BE IT RESOLVED by the Board of County �
r.
Cc--amissioners of Pitkin County, Colorado that it hereby grants
Final Plat approval for the McCabe Ranch Low Impact Subdivision �
subject to the following conditions:
1. The existing PMH Units shall comply with the requirements of
the Aspen Pitkin Regional Building Department. Prior to the
signature of the Final Plat, the Applicant shall submit a
Subdivision Improvements Agreement to the Planning Offics
which describes how and when the Applicant will comply with
the requirements of the Building Department (see Exhibit B).
2. The roof material shall be of a non-combustible material
including metal, tile or asphalt; or, Class B Certi-Guard Red
Label shakes and shinglesutilizing Class B construction,
techniques (1/2" minimum solid sheathing or better). This
condition shall be included in the protective covenants and
as a note on the Final Plat.
3. Deed restrictions for the PMH Units scall be signed and >I
recorded prior to the issuance of building permits for
residences on Lots.
Y
36861-2 B-746 f-577 (,4/(,5,'c;4 iia:5�F'
Resolution # 94-�j
Page 3
n reports
ted
4. The recommendations
Oct b r 10 P 1992 hall beiris included lfollowed bythe
January 5.
Applicant and included as notes an the Final Plat.
5. The Applicant is allowed to provide caret iesuch units
dwelling units pursuant to section 3-8.13, onlyf
residence.are attached to the main free
caretaker or employee dwelling unitsshall Nb allowedtanding
esentations made by the applicant in the 'a(
6 A:11 material reprpublic
meetings shall be adhered to unless
application and p
amended by other conditions.
APPROVED AND ADOPTED ON THE 15TH DAY of MARCH, 1994.
kTTEST':
0/
1 �
Jeat�y! : Jonea,
Deppty clerk and. Recorder
APPROVED AS TO FORK:
BOARD OF COUNTY COMMISSIONERS
OF PITEIN COUNTY, COLORADO
f � ,
By:
obart W.
chairman
Date: 3�r:�C/�9
APPROVED AS TO CONTENT:
hitsitt, Suun=t 1Conni n�DirO�CtOr
county Attorney
Coynt Planni
reso ncca=—finalplat bOcc
•4i
•
m
A tSnTct of lurid situafa85
fa SseGbns �A7,9 and 17 of Jbwntsli/p 9 Sbutlf, Rbnpe
fodioirs: of ff're 66Fi Rfiacjvo! Iler:id�on balrng ��rarra � db�cnbM as
491-qo"%ng of a pafrrt an 6h0 NoLdb r,, of T�a+eE > of 65s .1 H_ d/c�be i}xtes,
56e N ASi0i0. ihenc� the "O'ff st CMI'mr Of swd' Sec6iw
�nf ivre of Traci 8 of arvid J.1� NcCe ffmwv S 03 -42 --AW N• 64f.r2 &et 04wv M.,e
fimf ie �nrst � of said Tinct P' and ff/aer6 S t3-14-00 W 1,�91QOID
*brig said west mm of Tract 10,-
mS 077-4$-x10 W B 31 08 feet
farrg a� i rmIlne of Th7cf f¢ 8rs CO S 1f "--Op W rjr4aou fwt a/arrg SMV
ArMt &fe Of Tarot f0; t s 1,7-45-W W 4.10.74 few` tfierrce N 90- W -W E
1110.-W feet afavrg 8be ADUM /rne of sa& Tinct 10; ttmwxv N 17-36 34 E f
2f34�51 feet akang t5fm eaaf ffm of said Trvct 16; Mm m N &7-28-Z6 E 1255010
het along Mw east hhe of sem Tract 10; fhers,e S 89 -OT -59 E 99.44
S 3a : >�32 W ,3d6 T4 S 00-M-25 AV 1254.77 FevE- K,er*c�e S SC4-�32-,St E F94tgo r
S 08--47--05 W ;` flferrx� S 22- -tbaQ2 W 25 3. fog* 6rvmcs
S f4--4B�2 W � ffmvvv fm& S 14-f6-25 W 66615 fee* fbs"ce
S W 22&68 flet; ffmll e S 26-44-52 W 26d&8 J
S 28--40--V W 2U66 fs�et; &Once S 219-21-M W 2f.1 M f� [b�
S 29--W-27 W 24855 feel; t5 wla-' S 81-16-24 E 1256 feet; t5ierrve
S 28-�0-,?�9 W 137..37 feet- fhemc N 02-26-40 W 459.01
N Qr-5 -37 W fCt5- J feet 8ie7ca N 89-00-05 W 5t80S ;
N 89-23 36 W X94 �t OMMW N 88 9-+56 W 371.48 fist,` ffMV O
N 89-46--56 W .£�2 fwt; drams S 89 -16 -pro W fq&51 fiat a l�
S AV -18-04 W f3'.'f�22 &e0 ffi mce S 89-29--04 W 16849' f6.& t
S 89-24-04 W f2f.56 1sat• fft-M S av-,34-04 w 118 f0 feoa¢ therrres
N big -M -M W 1=65 feat ffMvWo S 87-07-04 W 407.88 fee& ffmvxx `
N 00-34-04 E 48 -XV haat;,- tfiWM N 01-V-58 W 47.184 1bet: lh&7cs
N 01-"05-56 W 187.65 ffrar; ff omm N 0225-56 W'UMPfere¢ diartc�
N 42-37-56 W 1.17,30 fersF, t15On N 42-0f 56 W ,1896 1Er� ff�ncr
N 45-.17-W W -WVJ Awl! ffmv)cs S ag 21-O.F W 40x07 ' flreraCe 4
S 8& : ri 8-04 W 47866 for& fheraas S 85-07-04 W 136.74
N av-2f 56 W 25254 fee& dFi wx* N t0-G+3-0� E 195 f f ffs� tirianos '
N 39 -{?7-04 E 371.80 Ah* &mace N 39-07-04 E 90.!717 feat; tfrarn�
N 40-LX3-04 E 867.70 11,` tYien�ce N 41 -G8 -Q4 E 85218
N fast; dFtance
3f -t 1-04 E 24l aS f� thane N 65-M-04 E 73929 twat: btance
N 18-1.2-04 £ 14542 16et; fhence N .33-05-04 E 10462 fFyg�
N bZ?-37-04 E 7884 !Sets!; Mmwjce N 41--M-04 -F-
le
10 fEet; Vicfxv N 00--05-56 W d9.5tS 1L�s¢ fhar �s
N
00-12-56T !Y 4f82d9 J6e4� f macs N OD—j4—.W W 49J50 1iot,` 1her cB
N 010.25-56 W 12260 16ef- thence N J8 -V-04 E 420.97 rise4 thence
N 38-57-04 E f97.Gt3 tae& ffi&=& N .18 2-04 E 40&44f
as&i
N 32'-41-04 E 198- "Tfae� 9fff S 88-48-27 E 28817 fff,& d oe!
S B7 -4f-60 E 1. 51 feed ffmvpoe S 07-57-00 E 155.38 !ea¢ ffieney
S Q2- 41-00 E 38Q25 fiesit tf &7= S 02-04-•010 E 22,647 feet ffmnr.e
S t�2-0 F-00 E 162-07 thenrs S 02-419-W E 377.76 feet 65ance
S Q2-10-00 E a200 fest; thence N 72-J9-29 E 78-121 forst to the point of
b lzflin&r. c mbmining 39&G2f occas more or less:
{{
EXHIBIT "B
ASPEN •PITKIN REGIONAL BUILDING DEPARTMENT
r Ga:ea GSCzr .
' Ca+oraco Bi✓' "
303•'320-5440
Instructions to Inspector:
Decks
Garage: Att. _---- Det. ------ Carport —'
DESCRIPTION: # Levels �� Baths —'n Ball's -- Kitchen _ Dining — Living — Family/Rec
Entry Foyer — Bedrooms _ Full Baths Mech. —
Media Room --- Library — Office Study —
Exercise Rm. _ Solarium.�Greenhouse _Storage -- Laundry _
Mud Room Sitting Room Den Breakfast Nook _-----
Other Gas Model T� Appliance: Make --_— _-- Model #
# _---
Fireplace: Make _-----
Conrad Phone —
Address Request Recd. w -e TIME NAME
Subdivision Request for M T TH F A. . P. . Time
Contractor. t Date Insp. 1 z Inspector
Owner
36S6.2 P-746 :_'--;•o 04/it5/94 !3:.��F F6 5
OF 5
BUILDING INSPECTIOK CHECK LIST
Permit No. _----
Inspection -----
Reinsaection -- Partial
— MECHANICAL
x$I ILDING
— ELECTRIC PLUMBING
L iREBAR) —
„d _ :. Rough _
i R -Frame—
i Constr. Service—Undergrou —
& Vent Fiue(s)
InsulationWaste
Underground — i FP. Flues) _—
Water Pipe y
! DrywallRpugh
1
Combust. AirSpecial
En
f Perm• Service Gas Pipe
FinalFnal
Mobile Homes
_Finalabs -- c nklarsAir. Cond.
Fire W
FinalBondin9
-- +
Fitch. Hood—am
Special!
-- ! --
Accepted '�
Accepted as Noted = - Reinspection Fee S — ----
on the r30n5ttuLYiWI whrdt Ls now in progress.
_ —
.�.. ,.d corrections
—4..1 m make the twffing
Instructions to Inspector:
Decks
Garage: Att. _---- Det. ------ Carport —'
DESCRIPTION: # Levels �� Baths —'n Ball's -- Kitchen _ Dining — Living — Family/Rec
Entry Foyer — Bedrooms _ Full Baths Mech. —
Media Room --- Library — Office Study —
Exercise Rm. _ Solarium.�Greenhouse _Storage -- Laundry _
Mud Room Sitting Room Den Breakfast Nook _-----
Other Gas Model T� Appliance: Make --_— _-- Model #
# _---
Fireplace: Make _-----
Conrad Phone —
Address Request Recd. w -e TIME NAME
Subdivision Request for M T TH F A. . P. . Time
Contractor. t Date Insp. 1 z Inspector
Owner
36S6.2 P-746 :_'--;•o 04/it5/94 !3:.��F F6 5
OF 5
GIUMM 12/07/92 14%13 Rac 0.00 BK iii PS 6W
Silvis Davis, Pitkin Cray Clerk, Doc f.0O
A R=iOLD?IOM OF Ta SOUD Of COUNT! 0088 "ICIEW
or PITEIR COUNTI, COLOR&= GRNMW GMUAL s I "low APPROVAL
FOR Tis IKXMM X:aw LOW INPUT RvaDIVISIOR
;'esolutiom f 92-./'
1. Mr. Harry A. Collins, Trustee of the Harry Anthony Collins
and Judith Allen Collins Revocable Trust Agreement,
hereinafter "Applicant", has applied to Pitkin County to
request Low impact Subdivision, 1041 Hazard Review and General
Submission approval pursuant to Sections 4-6.1, 5-400 and 6-
3 of the Land Use Code; and
2. The Applicant's parcel is located within Township 9,
Section 7 and 8 and Range 86 hest of the 6th P.M. and is more
specifically described in Exhibit "A"; and
3. The Applicant's request was considered by the Planning and
Zoning Commission, hereinafter "Commission", on February 18th,
April 7th and May 19, 1992 at which time the Commission
recommended conditioned approval of the Applicant's request;
and
4. The Applicant's request was considered by the Board of
County Commissioners, hereinafter "Board", at a duly noticed
public hearing on August 25th and 26th, 1992 at which time the
Board has found that the application meets the requirement of
the Land Use Code, it the recommended conditions are adhered
to by the Applicant.
k. ,
1. The barn site and home site on Lot D shall be relocated
so as to avoid slopes of 30% and greater, prior to
Detailed Submission.
2. AU utilities shall be placed underground within new or
existi right=of-ways or easements.
3. The recommendations of Nick Lampiris dated October 10,
1991 shall be followed by the applicant. A new report
shall be submitted for the relocated homes?.tes to be
reviewed as part of Detailed Submission.
4. Dogs shall be prohibited on the newly created lots. This
requirement shall be included in the protective
covenants.
S. The applicant is allowed to provide caretaker/ employee
dwelling units pursuant to Section 3-8.13, only if such
units are attached to the lain residence. No free
standing caretaker or employee dwelling units shall be
permitted. Detailed Submission review shall include
public hearing publication for detached (attached to a
legally approved accessory structure) caretaker unit
approval on each site, should the applicant wish to
obtain such approval.
6. The recommendations of the Basalt and Rural Fire
Protection District memo dated May 7, 1992 shall be
adhered to by the applicant.
7. The wildfire recommendations of the Colorado State Forest
Service letter dated January 20, 1992 shall be adhered
to bl the applicant.
8. The wildfire recommendations of the Sheriff's Office memo
drted Jt':.ary 30, 1992 shall be adhered to by the
applicant.
9. A detailed landscaping plan for screening homesites B,
C and D, which incorporate wildfire mitigation
techniques, shall be submitted for County review at
4
•111
*351543 12/07/92 14:13 Rec f.00 BK 6% PS 640
Sil.via Davis, Pitkin Cnty Clerk, Doc s.00
i
i
Resolution f 92-Y1
.,_
Page 2
°
9M, TSEREEFOAE, BE IT RESOLVED by the
Board of County
--.`
Commissioners of Pitkin County, Colorado that
it hereby grants
General Submission approval for the McCabe Ranch Low Impact,
--
Subdivision subject to the follcving conditions:`'.
1. The barn site and home site on Lot D shall be relocated
so as to avoid slopes of 30% and greater, prior to
Detailed Submission.
2. AU utilities shall be placed underground within new or
existi right=of-ways or easements.
3. The recommendations of Nick Lampiris dated October 10,
1991 shall be followed by the applicant. A new report
shall be submitted for the relocated homes?.tes to be
reviewed as part of Detailed Submission.
4. Dogs shall be prohibited on the newly created lots. This
requirement shall be included in the protective
covenants.
S. The applicant is allowed to provide caretaker/ employee
dwelling units pursuant to Section 3-8.13, only if such
units are attached to the lain residence. No free
standing caretaker or employee dwelling units shall be
permitted. Detailed Submission review shall include
public hearing publication for detached (attached to a
legally approved accessory structure) caretaker unit
approval on each site, should the applicant wish to
obtain such approval.
6. The recommendations of the Basalt and Rural Fire
Protection District memo dated May 7, 1992 shall be
adhered to by the applicant.
7. The wildfire recommendations of the Colorado State Forest
Service letter dated January 20, 1992 shall be adhered
to bl the applicant.
8. The wildfire recommendations of the Sheriff's Office memo
drted Jt':.ary 30, 1992 shall be adhered to by the
applicant.
9. A detailed landscaping plan for screening homesites B,
C and D, which incorporate wildfire mitigation
techniques, shall be submitted for County review at
11351543 12/07/92 14:13 Rec :.00 BK 696 PS 641
!3ilvia Davis, Pitkin Cnty Clerk, DOC :.00
Resolution 1 92-�
Page 3
Detailed Submission. The applicant shall provide
financial assurances prior to issuance of a building
permit on each lot, for the costs of landscaping. This
requirement shall be identified in the protective
covenants.
10. All material representations nade by the applicant in the
application and public meetings s?,all be adhered to
t unless amended by other conditions. The building
envelopes for each lot were represented as one acre in
size during General Submission review. The barn envelope
is not included in this one acre.
11. At Final Plat, the applicant shall submit the water Court
Decree on the new augmentation plan for review by the
Division of Water Resources.
12. The application is subject to a two step, Planning
Commission then Board of County Commissioners (public
hearing), combined or separate Detailed Submission/ Final
Plat review.
13. At Detailed Submission, the applicant shall submit
development plan which seats the RS -30 zone district
density requirements for existing and proposed dwelling
units.
14. The Detailed Submission application shall include an
application for PMH rezoning for the duplex, cabin, shed
apartment and arena apartment.
15. The Detailed Submission application shall resolve the
non -development easement issues raised in the General
Submission hearing. The County has the primary
responsibility of resolving these issues however may
request the assistance of the applicant.
16. Access to Lot A shall be thru existing roads.
APPROV AMD ADOPTED ON THE 26th DAY OF AUGUST, 1992.
z
! *351543 12/07/92 14:13 Rec $.00 BK
PG 642
Silvia Davis, Pitkin Cnty Clerk, Doc $.00
Resolution # 92-1�z
Page 4
_ BOARD OF COUNTY CONKISSIONERS
OF PITLIN COMITY, COLORADO
By: !y
awamette Jo , 3 s R. True, Cha run
ty Clerk and Recordor
APPIROVEo As TO raRmt
T U On is 1 tt
Comnty Atto,
11680.bocc.lia.mccabo
APPROVED AS To Cn"ZUT:
Sn a xon ,
'Count Planning Director
I[
0351543 12/07/921 14:13 Rec $.00 BK 696 PS 643
Silvia Davis, Pitkin Cnty Clark, floc 14.00
EXHIBIT "A"
LEGAL r'ZSCRIPTION
Covering the Land in the State of Colorado, County of Pitkin, Oescr;bed as follows:
PARCEL A:
Tract 8,
red i at of tracts 5, 6 and 8,
J.H. N)CABE TRA,TS,
accord i ng to the FI at f i i ed .'.an uary 4, 1985, i n PI at Hook 16 at Page 83.
PNCEL B:
Tracirs 1„7,9 and 10,
J.14. MlxW TFAUS, -
ilaoording to the Flat flied October 2, 1980, la Plat Book 10 at Pages 47, 48
and 49.
PARCEL C:
Gowernrnnt Lot 5, Section 4;
Government Lots 7,8,9,10,14,15,16 and 18 and the SW i/4 SE 1/4 and SE 1/4 SW
i/4 also described as Lots 19 and 20 under the resurvey approved Dece,*%er 2,
1981, Section 5;
Government Lot 7, Section 6;
Government Lots 1,6,7;8,9,10,11 and 16, Section 7 and Gore:-'nent Lots 4„5 and
20 and the NE 1/4 !M 1/4 and W 1/4 NE 1/4 also described as Lots 2 and 3
under the resurvey approved December 2, 1891, Section 8 all In Township 9
South, Range 86 West of the 6th P.1{.;
w
EXCEPT a tract of land situated in Sections 5 and 6, Township 9 South, Range
86 West of the 6th P.M., more particularly described as follows: Beginning at
?
a point whence the Southwest corner of Lot 1, Section 7, Township 9 South,
Range 86 Hest, 6th P.M. (which Southwest corner of said Lot 1 bears South
1�
45.25100” West 9630.61 feet from the Northeast corner of Section 5, and bears
w
North 62.451000 West 7553.52 feet from the Southwest corner of Section 9, Loth
in said Township 9 South, Range 86 West, of the 6th P.M.) bears South
21.25145" West 3160.44 feet;
thence Horth 02°02100" West 951.68 feet;
thence North 89056100" East 804.00 feet;
beginning and also
theme South 38°58130" West 1224.58 feet to the point of
� t
UC EPT a tract of land situate in Section 7, Town sh i? 9 South, Range 86 West,
of the 61h P.M., beginning at the Southwest corner of Lot 1 of said Section 7
9630.61 feet
«.
(which Southwest corner of said Lot 1 bears South 45°25100" West
from the Northeast corner of Section 5 and bears llorih 62045100" West 7553.52
(Continued)
w
:".k
*351543 12!07/92 14:13 Rec =.00 8K 696 P6
S:ilvia Davis, Pitkin Cnty Clerk, Doc $.00
Cowuutment No. 401634 -C
LEGAL DESCRIPTION -continued
i feet from the Southwest corner of Section 9, both in said Tohnsfiip 9 South,
" Range 86 west of the 6th P.M.)
theme North 00024100" west 501.17 feet;
thence North 00°4610011 west 139.28 feet to the true point of beginning;
themce North 34'26100" East 243.85 feet;
thence North 65026100" East 139.29 feet:
thence North 18.36100" East 145.42 feet;
thence North 33029100" East 104.62 feet;
the-nce North 61001100" East 78.84 feet;
vi ' thence North 41056100" East 231.26 feet;
## thence South 85006100" w•,%st 538.99 feet;
thence South 040521004 best 650.72 feet to the ^rue point of beginning and also
EX(1:PT all of Lot 8 and that pert of Lots 7,9 and 10 of Section 7, Township 9
South, Range 86 West, of the 6th P.N., lying North and West of the following
dea,crlbed line: Beginning at a point on the North line of sold Lot 7 of Section
7 whence the Northwest corner of said Lot 8 of Section 7 bears West 797.40 feet;
thence South 40.27100" West 867.70 feet;
thence South 39'31100" West 461.80 feet to the West line of said Lot 9 of
Section 7 and also
EX(XPT that part of Lot 20 of Section 8, Township 9 South, Range 86 west of the
and Lot 2 Section 8, Township and
6th P.M., lying Easterly of the following described Ilnw (said Iina being the
centerline of !he County Road as now constructed and in use): Beginning a1 a
of the following described line:
2, the Northwest
po l!nt on the North line of said Lot 20 whence the Northeast corner of said Lai
20 bears South 87058100" East 333.6 feet;
Lot whence
thence South 14040100" West 494.40 feet;
:hiSouth 18.39' 00" west 517.80 feet;
Range 86 west of the 6th P.M.
thence South 28.43100" East 283.00 feet;
thence South 06°24100" West 99.10 feet to the South 'ine of said Lot 20 and also
EXI;EPT all that portion of Lots 8 and 9 of Section 5, Township 9 South, Range 86
West of the 6th P.M., lying Norihwesierly of the following described line:
Beginning at a point on a fence line whence the Northeast Corner of said Section
5 bears North 66010111 East 2996.33 feet;
thence along said fence line the following courses: South 38°30128" West to the
(Cbntinued)
Intersection with the westerly line of said Lot 8;
thence again from the point of beginning along said fence North 38°19128" East
3345.75 feet;
thence North 37057138" East to the point of intersection with the Northerly line
:yam
of said Lot 9 ahcd also
EXCEPT that portion of said Lot 20, Section 5
and Lot 2 Section 8, Township and
Range aforesaid, lying Southerly and Easterly
of the following described line:
2, the Northwest
t`
Beginning at a point on the South line of said
Lot whence
corner of Lot 11, Section 8, Township 9 South,
Range 86 west of the 6th P.M.
bears South 29°09100" west 1514.90 feet;
thence North 32°36100" East 916.27 feet to a point on the East line of said Lot
(Cbntinued)
:yam
k �
r '
�a
-
z\\
•351543 12/07/92 14:13 Rec :.00 BK &% pG 643
Silvia Davis, Pitkin Canty Clerk, Doc $.00
Commitment No. 401634 -C
LEGAL DESCRIPTION -continued
20 and also
EXCEPT all of that portion of Lot 7, Section 5, Township 9 South, Range 66 West
of the 6th P.M., lying Northwesterly of the following described line: Beginning
at a point on a fence whance the Northeast Corner of said Section 5 bears Norih
60.21146" East 3983.84 feei;
thence along said fence Iine the following courses: North 47°34115" East to the
intersection with the Northerly line of said Lot 7;
thence again from the point of beginning along said fence South 47°29028" West
482.05 feet;
thence South 54019,18" West 180.36 feet;
thence South 36000140" West to the intersection with the Westerly Iine of'said-
Lot 7 and also
EXCEPT from the foregoing the following described parcel of land, beginning at
point whence the Northeast corner of said Section 5 bears North 18.22102" West
674.63 feet;
thence Sbuth 78011124" East 135.05 feet;
thence South 89.32127" East 712.32 feet;
thence South 00'35142" West 1314.32 feet;
thence North 87°43138" West 1354.13 feet;
thence North 18.51135" East 16.14 feet;
thence North 22.00133" East 1073.02 feet;
thence North 44.26115" West 494.60 feet;
thence North 48.32113" East 28.54 feet;
thence South 78.39112" East 448.55 feet to the point of beginning.
PARCEL. D:
A tract of land situated in the Northwest Quarter of Section 8, Township 9
South, Range 86 West, of the 6th P.M., more pt:rflcularly described as follows:
Beginning at a point whence the brasscap nonu"ent set forth the Northeast corner
of Section 5, said Township and Range, bears North 35.24101" East 6937.64 feet;
thence South 15"33109" West 223.00 feet;
thence South 06"33"07" West 173.44 feet;
thence North 69052146" West 243.64 fee+ along a fence line;
thence North 02°55111" rest 276.24 feet along a fence line;
thence North 69021114" East 191.16 feet;
thence South 74°26151" East 149.00 feet to the point of beginning.
PAKEL E:
Al that portion of Government Lots 6 and 12 of Section 8, Township 9 South,
Range 86 West of the 6th P.M., lying Westerly of the following described line
(said line being the centerline of the County Road as now constructed and in
use); Beginning at a point on the North line of Lot 20 In said Section 8 whence
(Continued)
7-7
�.�..�� � '�4Y.3R r
A
PARCEL F:
All that portion of Lot 6, SecV on 5, Township 9 South, Range 86 West of the 6"h
P.M., lying Southeasterly of the following described line: Beginning as a point
on a fence whence the Northeast corner of said Section 5 bears North 62°31050"
East 3416.99 feet;
thence along said fence line the following courses: North 38130028" East to the
Intersection with the Easterly line of said Lot 6;
4 thence again from the point of beginning along said fence South 47°34115" West
>: to the intersection with the Northerly line of Lot 7, Section 5, Township 9
j South, Range 86 West of the 60 P.M.
PP,RCEL G:
Ail that part of Lot 20 in Section 8, Township 9 South, Range 86 West of the 6th
P.M., lying Easterly of the following described land: (said described line
beefing the center line of road as now constructed and in use) Beginning at a
point on the North line of said Lot 20 whence the Northeast corner of said Lot
21) bears South 87056,00" East 333.6 feet;
thence South 14040100" West, 494.4 feet;
thence South 18°39100" West, 517.8 feet;
thence South 2:'43100" East, 283.0 feet;
thence South 6"24100" West, 99.1 feet to the South line of said Lot 20.
PARCEL H:
Al that part of Lots 6 and 12 in Section 8, Township 9 South, Range 86 West of
the 6th P.M., lying Easterly of the iz'!nwing described line: (the described
line being the center line of read as now constructea and in use) Beginning at
a point on the North line of Lot 20 of said Section 8 whence the Northeast
corner of said Lot 20 bears South 87'58100" East 333.6 feet;
thence North 1104,00" East 686.3 feet;
thence North 2'51100" East 40.0 feet;
((bntinued)
Ccamitment No. 401634 -C
" -
LEGAL DE:SCRIPiION -continued
the Northeast corner of said Lot 20 bears South 8i 58000" East 333.60 feet;
thence North I V-4 000" East 686.3 feet;
m
thence North OZp51000" East 40.00 feet;
thence North 31.30000" West 50,00 feet;
thence North 78046000" West 263.90 feet;
thence North 27.09000" East 75,40 feet;
'
thence North 53049000" East 135.20 feet;
VtWmce
North 43.20000" East 171.40 feet;
of
3
thtence North 49°44000" East 257.00 feet;
17.70 feet to the Southeast corner of Lot 5 of said
thence North 01016000" West
SO -t ion 8.
PARCEL F:
All that portion of Lot 6, SecV on 5, Township 9 South, Range 86 West of the 6"h
P.M., lying Southeasterly of the following described line: Beginning as a point
on a fence whence the Northeast corner of said Section 5 bears North 62°31050"
East 3416.99 feet;
thence along said fence line the following courses: North 38130028" East to the
Intersection with the Easterly line of said Lot 6;
4 thence again from the point of beginning along said fence South 47°34115" West
>: to the intersection with the Northerly line of Lot 7, Section 5, Township 9
j South, Range 86 West of the 60 P.M.
PP,RCEL G:
Ail that part of Lot 20 in Section 8, Township 9 South, Range 86 West of the 6th
P.M., lying Easterly of the following described land: (said described line
beefing the center line of road as now constructed and in use) Beginning at a
point on the North line of said Lot 20 whence the Northeast corner of said Lot
21) bears South 87056,00" East 333.6 feet;
thence South 14040100" West, 494.4 feet;
thence South 18°39100" West, 517.8 feet;
thence South 2:'43100" East, 283.0 feet;
thence South 6"24100" West, 99.1 feet to the South line of said Lot 20.
PARCEL H:
Al that part of Lots 6 and 12 in Section 8, Township 9 South, Range 86 West of
the 6th P.M., lying Easterly of the iz'!nwing described line: (the described
line being the center line of read as now constructea and in use) Beginning at
a point on the North line of Lot 20 of said Section 8 whence the Northeast
corner of said Lot 20 bears South 87'58100" East 333.6 feet;
thence North 1104,00" East 686.3 feet;
thence North 2'51100" East 40.0 feet;
((bntinued)
Commitment No. 401634 -C
LEGAL DESCRIPTION -continued
it, ence North 31030100" West 50.00 feet;
thence North 78.46100" West 263.9 feet;
thence North 27°9100" East 75.40 feet;
thence North 53.49,00" East 135.2 feet;
thence North 43920100" East 171.4 feet;
thence NOrth 49.44100" East 257.0 feet;
thence North 1.16100" West 17.7 feet to the Southeast corner of Lot 5 of said'
Sect ion 8
E)KXPT that tract of land as conveyed by the H.K. Trading Company to Albert
Maur in by Deed recorded August 8, 1911, in Book 153 at Page 72.
P44M I:
A tract of land in Lot 19 of Section 8 and Lot 2 of Section 17, Township 9
South, Range 86 West of the 6th P.M., described as follows:
Ommeence the
oornercof Lot 13at a pofnt on Sectione8,brth saidfine of said Township andLot 19 Range,from bearshSouth 88.22 p1)«est
East 556.5 feet;
thence North 88.22100" West 763.5 feet to the Northwest corner of said Lot 19;
thence South 2.25100" East, 1339.8 feet along the West line of said Lot 19 and
the West line of said Lot 2 to the Southwest corner of Lot 2;
thence South 88.42100" East 61 feet to a point on the South Iine of said Lot 2;
thence North 28.29100" East 679.16 feet;
thence North 26'31100" East 461.8 feet;
thence North 12029100" East 330.1 feet to the place of beginning.
PARCEL J:
Two tracts of land situated in Section 7, Township 9 South, Range 86 West of the
Pith P.M., more particularly described as follows: Beginning at the Southwest
corner of Lot 1, Section 7, Township 9 South, Range 86 West, of the 6th P.M.,
which Southwest corner of said Lot 1 bears South 45°25100" West 9630.61 feet
from the Northeast corner of Section 5, To6a ship 9 South, Range 86 West of the
lith P.M., and bears North 620451C0" West 7553.52 feet from the Southwest ccrner
of Section 9, Township 9 South, Range 86 West of the 6th P.M.;
Tract I: Thence North 89°45100" West 570.52 feet;
thence North 41°32100" East 852.18 feet;
thence South 00°46100" Est 139.28 feet;
thence South 00°24100" East 501.17 feet to the point of beginning of Tract 1.
Tract 11: Beginning at the Southwest corner of Lot 1, Section 7, Township 9
South, Range 86 Nest of the 6th P.M.,
thence North 00024100" West 501.17 feet;
(Continued)
IN
0351543 12/07/92 14s13 Ret l.00 BK iii pg &"
'Silvia Davis, Pitkin Cnty Clerk, Doc, $.00
Commitment No. 401634 -C
LEGAL DESCRIPTION -continued
thence North 00.46100" West 139.28 feet;
thence North 04.52100" East 650.72 feet;
thence North 85.06100" East 538.99 feet to the true point of beginning;
thence North 53.36900" East 705.10 feet;
thence South 0001510On West 106.22 feet;
thence South 00.41100" East 22.86 fit;
thence South 00043/000 West 242.11 feet;
thence South 85025100" West 566.10 feet to the point of beginning of said Tract
I1.
n
4Z ,muS L
x364183 1= + - • `> 3 . - . - _ = F F. 733 �' S 969
Silvia D3._5. c.�-,}1� .r•.'. _.�. :�_ �..;t;
A RMOLUTIOD OP THE BOARD 01r C OUNT2 jMMSSIONERS
OF PITIIN C OUWy" CnLORADO GRAM?nm DETAILED Spgs[ISSION APPROVAL
P= 9'88 NCCABE BCH LOW IMPACT SUBDIVISION
Resolution t 93-.a2L-
1. Mr. Harry A. Collins, Trustee of the Harry Anthony Collins
and Judith Allen Collins Revocable Trust Agreement,
hereinafter "Applicant", has applied to Pitkin County tO
request Detailed submission eppraval for a Low Impact
subdivision.
2. The Applicant's parcel is located within Township 9,
section 7 and 8 and Range 86 west of the 6th P.M. and is more
specifically described in Exhibit "A".
3. The proposed development creates a fathering parcel of
.95 acres (which contains six dwelling units), a 177 acre non -
development easement and four free-narktt parcels each
containing approximately 30 acres in size.
4. A concurrent PMH rezoning request for five existing
,welling units was approved by the Board on october 12, 1993
pursuant to Ordinance 193-0
5. The Applicant's request was considered by the Planning and
Zoning Commission, hereinafter "Commission", on June 8, 1993,
at which time the Commission recommended denial of the
Applicant's request to the Board of County Commissioners,
hereinafter "Board". The commission's reasons for denial are
6
4- nrr
7= 870
7 t,
Resolution I 93-aY
Page 2
1
detailed on pZ-Reso-93-1-
Os request was considered by the Board of
6. The Applicant
hereinafter "Board", at a duly noticed
ners, here
County C01missio
on July 27,
1993 at which time the Board has
puLilic hearing
tion iXrequirement of the Land
fi
the application found that 4!��ts the
e adhered to by the
s-, ar
if the recommended r
Use Code,
Applicant.
♦ g, BE IT RESOLVED county
Board of
by the Boa
TRERZpM
Colorado that it hereby grants
of Pitkin county,
Commissioners impact
the McCabe Ranch Low
approval for Submission
Detailed
on subject to the following conditions:
Subdivision
comply with the following for PMH rezoning
The Ipplicant shall
of five dwelling units
a. The applicant shall comply with the Aspen/Pitkin County
Housing office Affordable Housing Guidelines for each of
the five PMH dwelling units.
b. Prior to
submission the appby the licant shall have
all deed restricted units inspected
which the Building
Any deficiencies
to
Department. prior
es shall be corrected
fk Department identifies If cost for compliance is
of t%je Final Plat Unit
signature ireplace or demolish PMH
excessive, the applicant may
xC lex on Traci 9 J.H. McCabe Tracts and
A. (Note: The dup not be
PMH Units B and C Lay be replaced, but shall
permanently removed.)
C. Pd t Category 2
guidelines
0 1
Units _x shall be restrictecategory
MH
PMH Unit B shall be restricted to
11 guidelines PMH Unit C and the duplex units shall be
#
restricted to Category 3.
AIM
Band
C
pMH units A,
in the duplex units,
to
d. All residents qualified by the Housing Office, prior
be
ements with tenants.
shall
Y61T ";?t L . "
MN'
N
execution of lease agre
k_
_,_�,Ni , I
L
or
within new
utilities be placed underground
All s shall -
2.
existing right-of-ways or easements.
g
,.4.3 i,- 4J,. :,. Ell. 733 PG 8�
:.;avis. r1tkIn i.i':_
Resolution 1
Page 3
3.
4.
5.
6.
7.
8.
9.
The recommendations of Nick Lampiris report dated October 10,
1992 shall be followed by the applicant.
Dogs shall be prohibited on the newly created lets. This
requirement shall be included in the protective covenants.
The applicant is allowed to provide caretaker/employee
ch units
dwelling units pursuant t main
Section
res deuce 13 Nolyfreeif sustanding
are at units shall be permitted.
caretaker or employee dwelling
The following recommendations of the Basalt had beal Fire
adhered
Protection District memo dated May ,
to by the applicant:
a, The roof material shall be of a non-combustible assS material
including metal, tile or asphalt;utilizing Class -
Guard Red Label Shakes and shingles
construction techniques (1/2" minimum solid sheathing or
better).
10.
11.
1.2.
b• Residential
sprinklers system installed. es shall have an automatic
re
st
The wildfire recommendat
Service letter dated January ionsOf
' 992 shall abe adhered do State Ftoeby
the
foot
ired
the applicant, with the exception
ad 30 However,;uturnoutsc,
access
width and the dual or looped nems of the access plan.
etc., shall be maintained as compo
ffs office Memo
The wildfire 30'092 shall be adheredtions of the htoiby,a. the applicant
dated January
The applicant shall provide �fi nun ieachslotafor the
ocost r to the
issuance of a building Pe the March 1993 approved
landscaping as illustrated irement shall also be identified
landscaping plan- This requirement
in the protective covenants.
All material representations made by the applicant in the
application and public meetings shall be adhered to unless
amended by other conditions.
er court
At Final Plat, the applicant shall submit the the Division
Decree on the new augmentation plan for review by
of Water Resources.
The applicant shall address the Park Dedication Fee
requirements of Section 5-501-11 st Final Plat.
'N
M
-7
APPROV3D AND ADOpTED ON THE 2 -7th DAY OF JULY, 1993.
ATTEST:
J Jones,
ty Cisrl[ Rteord*r
APPROVED AS TO FORM:
Fhitsitt,
County Atto
rsso.bocc.lis.ds.mccabe
BOARD OF COUNTY COMMISSIONERS
OF PITEIN COUNTY, COLORADO
BY: • l/
rDato:
B 11 Tu to,
APPROVED AS TO CONTENT:
Sus a T.onn•Direator
co chPlanning
733 873
EXHIBIT "A"
SS (fieri of flfiv f5wi J°l'f+raW
fmom:
aso'rag at o port cm tfw mom *w of TAW 1 of me .0 K IfcGlde nvcflR
of P6Jiis of f:�fo�oob f U's eornar of sdd Sacfkx+
5 beaa N W -W -W E OMW > Oe S Q�-'S* w SFL12 AWE ObW bf"
Nowt Abe of D=( d of s� JX AfCCI*g I)Ud C Ma nr+e S r.�l4-tJ10 Jr l.3JiIGL00
fjot a(aw 90 wt /F. of my fieri a aid rAwt to vanm s GIS- m -m w
Adc fg.t I- .off s# Alw of Mori to 61- c i s 07--48-M O` 81.1M Amd
aw wei jpt of rmd Mr Aliwwd S If -J5"W w f 14aW !fist dwg Add
we& iho of root for Mal S 17-46-4w w 4.74 fes` Oaric+� N 90-00-tV E
If to tUrt aforg go SOLO AN of add rmt 1a Aionc+e N 11-xE
2f3�:fr Awt a&* 06 and *0 of mm rAwt fG* drove M 99-29-25 E 173500
fist ofa g VO awf Abe of Mff 7torf fit ihs►sca 5 OR -07- M E SR#S f"t
!farm S W-20-26 A' t2"?7 fet fli r 5,�, k. -S N'nm
roole 22 -4j --S 06-47-0 w MM fid � 5 t 4--16-�w w am rs AP ` Move.
S 1�-46-C ► w 4drlid li+e �' S 26- -,� w S" lid lfar�oe
tum fat* im fit* l S 26 -21 -if w 2a t8 fat bu"m
s 2w- '-�7 M' 2Ma f fllirr�ce s 61 -10 -NE IMF fipot
S 2w -4o -W w 13 W fit l N V MOI AN* bf O M C M
N W-JU- M wf015-V f@4 d*wd N &#-00-WM � ffmvp !brad
N 80-25-5 w +� � s ewe f w rs�.sf two r�o.
N ag-4o-a w ,� Aoot S aP�-� w 1e149 A ani
s ag-ta-pF w 12 fm*N► mato fs* &OWN
s e��-o9 w 121-M � routs ar-34-a�
M -.98-36 w ,no A� � S 87 -,Mr --"w 407.W Me* t�
d1
N ao-dV-m E 4" 1 ` � 1V of--v-w w �d�f fa* mwtm
N Ot --OF-0 w f67AW ,ifid; 2- of -M w Jam fm* M►m
N 426%V -M w f37 -V fast flaoee� N �2-Ot-dS w .�iglB 1be�; fherx�
N V 403.07 AVC
45i-17--1! w a3 Ate'- fij e S a9-�7•'G¢ w r rsv* blw=
S m w 47it M 1bs� f�a
N w -2f-w w .2 am fat* �+ N t0- 3-01 E tR� 1 f
N
w-07--& E 31f.�'i lie& alF I N •79-0-04 E SUM f64 (%ruts
N 4ZF-� E X1.70 f t960.00 N 41-06-49E an f8 1* ffmwo
N 34 --09 E 245-85 Ave 8iinor N 33�`� E f.38.Z8 16x1: gia
oww
N ftFt2-Of E M42 J%* � N �- E 31.Qt fps*
Vkvws
N do -j7-46 6 E ?&M Ant Efirrace N
E 4t -3g -0t � APIC "R"e
=10 16��"'�
K di-t2!-dd w 482 tae K QO--66 w Edi'!
N d? -t2 -4W w tBLW !b@e ltnace K x-04 E 42P.97� V*�os
ffmmw
N ail -57-09 E fA7-W fb4 Elaraas M 39--24-49E �� �
Owmw
M-tr-41-4M E ISaf3 1m5 Off'
S Sr -41 --ME MO 5t 16et ffm S 01 -S7 -Ob E f5d�.lIS 1
SE MUM f� fibe��aoe S 02--oaf-oo E 2W 47 Yost Nw�
S 1�- M --a! E J0 -A7 f� MOONS �"W E 377.i !art ff�wioe
6i
S Q2--ta- v E M2W fuel.` M-2 N 72-30 29 E MUt fait 1b ft paint of
cm*"v jgaarl aeras mmu or bm
.
GUEST WING
FLOOR PLAN/
ROOF PLAN
SCALE: N.
A3Ab
SITE PLAN
SCA LE.• 1 " = 20'
GENERAL NOTES:
1. All materials, installation practices, setback
requirements, etc., shall comply with the Pitkin County
Individual Sewage Disposal System Regulations.
2. The absorption bed shall be constructed so that the
bottom level f/— 0.1 inches. Provide positive drainage
away from the bed.
,3. The location of the bed may be field adjusted to better
fit the site, provided all setbacks are met.
4. Piping to system shall be 4" PVC, SDR35 solid wall pipe.
5. The area disturbed by construction shall be reseeded with
native grosses to prevent erosion.
6. Use risers as needed to bring septic tank access hatch
within 6" of finished grade.
7. The Contractor and Owner shall take whatever measures
are necessary to assure that a) the septic tank and
sewer lines are completely water tight to prevent
infiltration of groundwater into the system, and
b) the system is installed to prevent freezing of
gravity sewer lines.
8. The Engineer and Pitkin County shall be notified when
construction commences and kept abreast of the construction
progress so that sufficient inspection can be performed to
assure conformance with these plans.
9. It is the Contractor's responsibility to verify all
locations of utilities that may affect location of
facilities drawn. Verification is to be made with the
Owner and the affected uti/ity company.
/ 10. Substitution of materials (ie. pipe, tanks, etc.) is
acceptable provided verification and acceptance by the
Engineer and the Pitkin County is made.
11. The location and elevation of the existing sewer shall be field verified.
12. If water usage assumptions are other than shown, please
contact engineer. In addition, if water intensive fixtures ere
installed other than typical domestic water fixtures also
contact engineer.
MAX/MUM
42" COVER
FL 0 W
2:1 SLOPE MAX/MUM
DIVERT DRAINAGE AROUND
LEACHFIELD AREA
DESIGN CALCULATIONS (8/5/02)
------------------------
1. 3 BEDROOM HOME, ASSUME 2 PERSONS/BEDROOM AND 100 GPCD.
2. c. DETERMINE PITKIN COUNTY DES/GN FLOW -
0
= 1.75 x [(2 PER/BR)x(3 BR)x(100 GPCD) = 1050 GPD
J. DETERMINE SEPTIC TANK SIZE.
HOUSE- 600 x 1.75 x 1.25 = 1313 GALLONS
INSTALL (1) 1500 GALLON CONCRETE TANKS
4. ALLOWABLE LOADING RATES: DESIGN FOR ABSORPTION METHOD OF
EFFLUENT DISPOSAL. BASED UPON SOILS TESTING BY HP GEOTECH INC.,
PERC RATE TO BE 40 MPI PER HP GEO REPORT DATED 8/5/02.
5. DETERMINE BED SIZE:
A = Q [SQRT(T)j / 5
A = 1050 GPD [SQR7-(40)] / 5
A = 1328 SQ. FT.
ALLOWED 309 REDUCTION FOR INFILTRATOR BED
1328 SQ. FT. * 709 = 930 SQ. FT.
930 S.F. / 15.5 S.F. PER INFILTRATOR = 60 HIGH CAPACITY INFILTRATOR
UNITS REQUIRED
INSTALL SINGLE BED, EACH 5 ROWS OF 12 (60 UNITS)
(HIGH CAPACITY INFILTRATOR SIZE = 3' X 6.25)
6. INSTALL 5 ROWS OF 12 INFILTRATORS, 15x75: FIELD MUST BE INSTALLED
IN AREA OF APPLICABLE PERCOLATION TESTS, IF NOT, PROVIDE PERCOLATION
TESTING IN PROPOSED AREA AT TIME OF CONSTRUCTION TO VERIFY DESIGN
RATES.
FINISHED GRADE — SLOPE AT MIN 29 ACROSS FIELD
EXISTING CLAY LAYER TO BE REMOVED
HIGH CAPACITY Infiltrator Unit
NATIVE BACKFILL
G'R IiFL S L4 YFR,j
/— EXISTING GRADE
O
MINIMUM 24" COVER
89.0• 3' TYP.
" SDR 35 PVC 4 "" SDR 35 PVC
STUB INTO END UNIT LEVEL DISTRIBUTION LEVEL f0. 1 ; SCARIFY PRIOR TO PLACING UNIT
MANIFOLD PIPE
15'
LEACHFIELD SECTION
PL UG
LOCATE SEWER CLEANOUT AT ALL
HORIZONTAL IND/OR VERTICAL
CHANGES IN DIRECTION
4 " PVC
45 PVC
WYE OR
ELBOW
CLEAN—OUT DETAIL.
45 PVC
ELBOW
-40 FL 0 W
9
OCT I ? 2005
PiTKIIN 1t�j TY
EWROMIS"j AL H&I LTH
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ILDING ENVELOPE %.. V:-,
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PLWWALT
Agricultural Easement ,
SITE PLAN
SCALE: I" = 40'
o
4 " PVC SOR35 \
® MIN. 1/4'%FT. \
4 " SDR 35 PVC, \
LEVEL MANIFOLD PIPING. \
\
LINE DITCH W/THIN \
ti 50' OF SEPTIC TANK \
eQ� AND LEACHFIELD \
USING IOmi1 PVC LINER. \
PROPOSED DITCH \
\
BUILDING ENVELOPE \
GENERAL NOTES:
1. All materials, installation practices, setback
requirements, etc., shall comply with the Pitkin. County
Individual Sewage Disposal System Regulations.
2. The absorption bed shall be constructed so that the
bottom level -f/ 0.1 inches. Provide positive drainage
away from the bed.
J. The location of the bed may be field adjusted to better
fit the site, provided all setbacks are met.
4. Piping to system shall be 4" PVC, SDR35 solid wall pipe.
5. The area disturbed by construction shall be reseeded vith
native grasses to prevent erosion.
6. Use risers as needed to bring septic tank access hatch
within 6" of finished grade.
7. The Contractor and Owner shall take whatever measures
are necessary to assure that a) the septic tank and
sewer lines are completely water tight to prevent
infiltration of groundwater into the system, and
b) the system is installed to prevent freezing of
gravity sewer lines.
8. The Engineer and Pitkin County shall be notified when
construction commences and kept abreast of the construction
progress so that sufficient inspection can be performed to
assure conformance with these plans.
9. It is the Contractors responsibility to verify all
locations of utilities that may affect Iocotion of
facilities drawn. Verification is to be made with the
Owner and the affected utility company.
10. Substitution of moterio/s (ie. pipe, tanks, etc.) is
acceptable provided verification and acceptance by the
Engineer and the Pitkin County is made.
11. The location and elevation of the existing sewer shall be field verified.
12. if water usage assumptions are other than shown, plegse
contact engineer. In addition, if water intensive fixtures are
installed other than typical domestic water fixtures ora
contact engineer.
2:1 SLOPE MAXIMUk
DESIGN CALCULATIONS (8/5/02)
------------------------
1. 3 BEDROOM HOME, ASSUME 2 PERSONS/BEDROOM AND 100 GPCD.
2. a. DETERMINE PITKIN COUNTY DESIGN FLOW:
Q = 1.75 x [(2 PER/BR)x(3 BR)x(100 GPCD) = 1050 GPD
J. DETERMINE SEPTIC TANK SIZE -
HOUSE 600 x 1.75 x 1.25 = 1313 GALLONS
INSTALL (1) 1500 GALLON CONCRETE TANKS
4. ALLOWABLE LOADING RATES.- DESIGN FOR ABSORPTION METHOD OF
EFFLUENT DISPOSAL. BASED UPON SOILS TEST/NG BY HP GEOTECH INC.,
PERC RATE TO BE 40 MPI PER HP GEO REPORT DATED 8/5/02.
5. DETERMINE BED SIZE.-
A = Q [SQRT(T)] / 5
A = 1050 GPD [SQRT(40)] / 5
A = 1328 SQ. FT.
ALLOWED 309 REDUCTION FOR INFILTRATOR BED
1328 SQ. FT. * 709 = 930 SQ. FT.
930 S.F. / 15.5 S.F. PER INFILTRATOR = 60 HIGH CAPACITY INFILTRATOR
UNITS REQUIRED
INSTALL SINGLE BED, EACH 5 ROWS OF 12 (60 UNITS)
(HIGH CAPACITY INFILTRATOR SIZE = 3' X 6.25)
6. INSTALL 5 ROWS OF 12 INFILTRATORS, 15x75' FIELD MUST BE INSTALLED
IN AREA OF APPLICABLE PERCOLATION TESTS, IF NOT, PROVIDE PERCOLATION
TESTING IN PROPOSED AREA AT TIME OF CONSTRUCTION TO VERIFY DESIGN
RATES.
FINISHED GRADE — SLOPE AT MIN 29 ACROSS FIELD
DIVERT DRAINAGE AROUND
LEACHF/ELD AREA
•— EXISTING CLAY LAYER TO BE REMOVED
HIGH CAPACITY Infiltrator Unit
EXIST/NG GRADE
MIN/MUM 24" COVER
NATIVE BACKFILL
MAX/MUM — _
42" COVER �- - — — -- - --
89. 01- 3' TYP.
4 " SDR 35 PVC 4 " SDR 35 PVC ,
LEVEL f0. 1, SCARIFY PRIOR TO PLACING UNIT
STUB INTO END UNIT LEVEL DISTRIBUTION
MANIFOLD PIPE
15'
LEA CHRELD SECTION
FL O W -09
LOCATE SEWER CLEANOUT AT ALL
HORIZONTAL AND/OR VERTICAL
CHANGES IN DIRECTION
4" PVC
45 PVC
WYE OR
ELBOW
CLEAN
NVV
i
PLUG
-OUT DETAIL
45 PVC
ELBOW
FL 0 W
0
N
m
3
m
I
O
N
N
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