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Home My WebLink Aboutpitkin.planning.246528000000 (2019)2/24/2020 Pitkin County Mail - New Address Assigned: W Sopris Creek Rd https://mail.google.com/mail/u/0?ik=661115d810&view=pt&search=all&permthid=thread-f%3A1658366150066243311%7Cmsg-f%3A16583661500662…1/2 Bonnie Shiles <bonnie.shiles@pitkincounty.com> New Address Assigned: W Sopris Creek Rd 1 message Alex Durant <alex.durant@pitkincounty.com>Wed, Feb 12, 2020 at 2:00 PM To: adele.l.lujan@usps.gov, Elections@pitkincounty.com, Bonnie Shiles <bonnie.shiles@pitkincounty.com>, Parker Lathrop <parker.lathrop@aspenfire.com>, Brian Pawl <Brian.Pawl@pitkincounty.com>, Brian Pettet <Brian.Pettet@pitkincounty.com>, Brooke Stott <bstott@basaltfire.org>, director@pitkin911.org, Serviceability_DCC@cable.comcast.com, Debby Payne <Debby.Payne@pitkincounty.com>, Bill Gavette <gavette@carbondalefire.org>, Janice Vos <Janice.Vos@pitkincounty.com>, Joanna Schaffner <Joanna.Schaffner@pitkincounty.com>, Kathy Rogo <Kathy.Rogo@cityofaspen.com>, karen.k.heier@usps.gov, Kurt Dahl <Kurt.Dahl@pitkincounty.com>, Lee Ledesma <Lee.Ledesma@cityofaspen.com>, Linda Manning <Linda.Manning@cityofaspen.com>, Mary Lackner <Mary.Lackner@pitkincounty.com>, Omaha.AMC@centurylink.com, Ray Gendron <Ray.Gendron@pitkincounty.com>, Scott Thompson <sthompson@basaltfire.org>, Sheila Babbie <Sheila.Babbie@cityofaspen.com>, USPS Old Snowmass <Debra.K.Reams@usps.gov>, Gary Tennenbaum <Gary.Tennenbaum@pitkincounty.com>, Reza.E.Tehrani@usps.gov, Scott Mattice <Scott.Mattice@pitkincounty.com>, Tyler Lambuth <tyler.lambuth@pitkincounty.com>, Bob Narracci <bob.narracci@cityofaspen.com>, Alex Burchetta - PCSO <alex.burchetta@pitkinsheriff.com>, Schuyler Clay <schuyler.clay@pitkincounty.com>, Shelley Popish <shelley.popish@pitkincounty.com>, arlene.a.vickrey@usps.com, "Szasz, Mariann - Denver, CO" <Mariann.Szasz@usps.gov>, Carmen.S.Suarez@usps.gov, Theresa.A.Kraft@usps.gov, "Benitez, Helen B - Denver, CO" <Helen.B.Benitez@usps.gov>, "Holy Cross Energy (customercare@holycross.com)" <Customercare@holycross.com>, "Aragon, Kristin" <Kristin.Aragon@blackhillscorp.com>, Larisa LaLonde <larisa.lalonde@pitkincounty.com>, Frank Rudecoff <FRudecoff@swfpd.com>, Kristi Long <kristi.long@pitkincounty.com>, Watkins Fulk-Gray <watkins.fulkgray@basalt.net>, Alex Sanchez <alex.sanchez@pitkincounty.com>, Damien Coniglio <dconiglio@aspenhospital.org>, Halene Burklow <halene.burklow@pitkincounty.com>, "Dickson, Aleicia M - Aspen, CO" <aleicia.m.dickson@usps.gov>, Brian Davis <brian.davis@pitkincounty.com> ADDRESS NOTIFICATION Date: 2/12/2020 Effective Date: 2/12/2020 New Assigned Address: 3705 W Sopris Creek Rd Basalt, CO 81611 Former Address: n/a Reason for Assignment: New Fire Station Parcel ID: n/a Property Owner Name: US Government - Bureau of Land Management Note: This address is being assigned for a new Roaring Fork Fire Rescue Substation. Location is at the intersection of W Sopris Creek Rd and Barts Spur. 2/24/2020 Pitkin County Mail - New Address Assigned: W Sopris Creek Rd https://mail.google.com/mail/u/0?ik=661115d810&view=pt&search=all&permthid=thread-f%3A1658366150066243311%7Cmsg-f%3A16583661500662…2/2 Please contact for any questions or Further Clarification. Thank You, Alex Durant Alex Durant Public Safety GIS Analyst/BPA, Pitkin County Government Phone: 970.429.6113 Email: alex.durant@pitkincounty.com Please set up an appointment before visiting since I normally work offsite during business hours. 2020 - 5, map.pdf 2811K 3705 BARTSSPURW SOPRIS CR EEK R D 65 67 183 220 3819 ´Le ge nd Addresses Driveway Parcel Boundary Road Centerline 1:4 ,50 0 Address AssignmentDate: 2/12/2020 New Add re ss Assigned:3705 W Sopris Creek RdBasalt, CO 81621 Fire Sta tion PITKIN COUNTY PLANNING CASELOAD INDEX PARCEL ID:246528000000 CASE NAME:Basalt and Rural Fire Protection District Location and Extent Review CASE NO:P068-19 BOCC Reso: PZ:022-2019 #661110 ADMIN: PLAT (BK,PG):n/a PROJ ADDR:3705 W Sopris Creek Rd ADR:2300 River Frontage R FEES DUE:$1,923 FEES RCVD:$1,923 #00046366 REFERRALS:Environmental Health REF:10/6/2019 BY:bj DUE:11/8/2019 DATE RCVD:8/20/2019 MTG DATE 12/3/2019 PH Yes NOTICED 10/31/2019 REMARKS:Waitlisted 09/06/2019 //Taken off Waitlist 9/27/19 // app to rep & ref 10/6/19 PLAT RECORDED: CLOSED:BY:BS PHN:C/S/Z:Silt, CO 81652 HRG OFF: Yes ADR:211 Midland Ave #201 C/S/Z:Basalt, CO 81621 PHN:970-927-0374 DATE OF FINAL ACTION:12/3/2019 # COPIES:1 VR APPROVAL DATE:VR EXPIRES: ADMIN INDEX: HO INDEX: Leslie Lamont REV BODY P&Z ALLOCATED HOURS:3 CASE TYP:Location & Extent Review CASE TYP6: CASE TYP5: CASE TYP3: CASE TYP2: CASE TYP7: CASE TYP4: 3.6% OVER: Date Scanned:12/19/2019 File Location:Laser Fiche BOCC Ord: Planners Email Addr:dmyler@mylerlawpc.com APP_First:APP_Last:Basalt & Rural Fire P Applicant is Owner?: OWNER_First1:OWNER_Last1:Basalt & Rural Fire Protection District OWNER_First2:OWNER_Last2:Bureau of Land Man OWNER_First3:OWNER_Last3: OWNER_First4:OWNER_Last4:OWNER_First5:OWNER_Last5: OWNER_First6:OWNER_Last6:OWNER_First7:OWNER_Last7: OWNER_First8:OWNER_Last8: REPRESENTATIVE_First:David REPRESENTATIVE_Last:Myler VR PUBLICATION DATE:VR Yes/No?: PLAT REQUIRED?: LEGAL DESCRIPTION:S-T-R BOA ACTION: REFERRALS 2:Attorney REFERRALS 3:Engineer REFERRALS 4:Public Works Engineer REFERRALS 5:Colorado Parks & Wildlife REFERRALS 6:Sopris Mountain Ranch Homeowners A REFERRALS 7:Emma Caucus REFERRALS 8: REFERRALS 9: REFERRALS 10: REFERRALS 11: REFERRALS 12: REFERRALS 13: REFERRALS 14: REFERRALS 15: PLAT BK:PLAT Pg:PLAT RECEPTION NUMBER: Eden Permit Number:0068.2019.plan Special Event Start Date: Special Event Stop Date: Covenant Document Type Occupancy Covenant Contract Doc #Covenant Reception # 678911 Covenant Date Recorded 7/27/2021 RECEPTION#: 678911, R: $0.00, D: $0.00, 07/27/2021 at 10:48:06 AM, Pgs 1 of 5, Janice K. Vos Caudill, Pitkin County, CO OCCUPANCY COVENANT AGREEMENT FOR EMPLOYEE DWELLING UNITS APPROVED PURSUANT TO PLANNING AND ZONING COMMISSION OF PITKIN COUNTY RESOLUTION NO, PZ 22-2019 THIS OCCUPANCY COVENANT AGREEMENT (the "Agreement") is made and entered into this22ndday of July 2021, between the BASALT AND RURAL FIRE PROTECTION DISTRICT ("District'), whose address is 1089 JW Drive, Carbondale, Colorado 81623 and the BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF PITKIN, COLORADO ('BOCC") whose address is 530 E. Main St., Suite 302, Aspen, Colorado 81611. WHEREAS, District controls certain real property more specifically described Lot 6 in the SE Quarter of Section 28, Township 8 South, Range 87 West of the 6th PM on West Sopris Creek Road in Pitkin County, Colorado (the "Real Property") upon which three "Employee Dwelling Units" (also referred to as "Units") will be constructed within the District's West Sopris Creek Road Substation as approved by Resolution No. PZ 22-2019. For the purposes of this Agreement, the Employee Dwelling Units, the Real Property and all appurtenances, improvements and fixtures associated therewith shall hereinafter be referred to as the "Property' ; and WHEREAS, this Agreement imposes certain covenants upon the Property which restrict the use and occupancy of the Employee Dwelling Units to emergency response personnel. AGREEMENT NOW, THEREFORE, in consideration of the mutual promises and obligations contained herein, the District hereby covenants and agrees as follows: 1. District hereby covenants that the Employee Dwelling Units described above shall at all times remain rental units owned by the District and shall not be condominiumized. 2. The use and occupancy of the Employee Dwelling Units shall henceforth be for housing emergency response personnel employed by the District or volunteers (including family members). Full-time employees shall have first priority in the occupancy of such Units. Volunteers who are essential to the District's operation shall be entitled to occupy any of the Employee Dwelling Units, together with family members, if there are no fall -time employees who desire or need to occupy such Units. 3. In the event that the District does not have any personnel to occupy any individual Unit, the District may rent the Unit to an employee from another emergency response entity (such as Basalt Police Department, other fire or ambulance district, or similar entity) or, if no such employee is occupying the unit(s), an employee working as a teacher in the Roaring Fork School RECEPTION#: 678911, 07/27/2021 at 10:48:06 AM, Pgs 2 of 5, Janice K. Vos Caudill, Pitkin County, CO Occupancy Covenant Agreement Page 2 of 5 District. The District will provide notice to the BOCC in advance of renting a Unit to any other individual not employed by or a volunteer of the District, as specified in this Paragraph 2. 4. Upon the written request of the BOCC or its designated representative, the District shall confirm in writing that all tenants of the Employee Dwelling Units are qualified pursuant to Paragraphs 2 or 3, above. 5. This Agreement shall constitute a covenant running with the Property as a burden thereon for the benefit of, and shall be specifically enforceable by, the Board of County Commissioners of the County of Pitkin, Colorado, and their respective successors or assigns, as applicable, by any appropriate action including, but not limited to, injunction, abatement, or eviction of non-qualified tenants. Moreover, the BOCC and its successors, assigns and agents shall be permitted access to, and the right to enter upon the Property at reasonable times, upon at least forty-eight (48) hours advance notice to the District or District's representative, solely for the purpose of monitoring, inspection, and if necessary, remediation of any violation of this Agreement in order to enforce and assure compliance with the terms and conditions of this Agreement. 6. This Agreement may be terminated by District with respect to any Unit if such Unit is no longer capable of occupancy as "dwelling units" as defined in the Pitkin County Land Use Code. GENERAL PROVISIONS 7. Notices. Any notice required or permitted under this Agreement shall be in writing and shall be provided by electronic delivery to the e-mail addresses set forth below and by one of the following methods (1) hand -delivery or (2) registered or certified mail, postage pre -paid to the mailing addresses set forth below. Each party by notice sent under this paragraph may change the address to which future notices should be sent. Electronic delivery of notices shall be considered delivered upon receipt of confirmation of delivery on the part of the sender. Nothing contained herein shall be construed to preclude personal service of any notice in the manner prescribed for personal service of a summons or other legal process. To County: Pitkin County Manager 530 Main Street, Suite 301 Aspen, CO 81611 Jon.Peacocknpitkincountv.coin With copy to: Pitkin County Attorney 530 Main Street, Suite 301 Aspen, CO 81611 attorneynpitkincounty.com RECEPTION#: 678911, 07/27/2021 at 10:48:06 AM, Pgs 3 of 5, Janice K. Vos Caudill, Pitkin County, CO Occupancy Covenant Agreement Page 3 of 5 To Owner: Scott Thompson, CPM, Fire Chief Basalt and Rural Fire Protection District 1089 JW Drive Carbondale, CO 81623 sthompson@roaringforlcfire.org With copy to: David J. Myler, Esq. The Myler Law Firm, P.C. 211 Midland Avenue, Ste 201 Basalt, CO 81621 dmyler@mylerlawfirm.eom 8. Severabilitv. Whenever possible, each provision of this Agreement and any other related document shall be interpreted in such a mariner as to be valid under applicable law; but if any provision of any of the foregoing shall be invalid or prohibited under said applicable law, such provisions shall be ineffective to the extent of such invalidity or prohibition without invalidating the remaining provisions of such document. 9. Choice of Law and Venue. This Agreement and each and every related document are to be governed and construed in accordance with the laws of the State of Colorado. Venue shall be the District Court, Pitkin County, Colorado. 10. Successors. Except as otherwise provided herein, the provisions and covenant contained herein shall inure to and be binding upon the heirs, successors and assigns of the parties. 11. Waiver. No claim of waiver, consent or acquiescence with respect to any provision of this Agreement shall be valid against any party hereto except on the basis of a written instrument executed by the parties to this Agreement. However, the party for whose benefit a condition is inserted herein shall have the unilateral right to waive such condition, provided that such waiver is in writing. 12. Gender and Number. Whenever the context so requires herein, the neuter gender shall include any or all genders and vice versa and the use of the singular shall include the plural and vice versa. 13. Further Actions. The parties to this Agreement agree to execute such further documents and take such further actions as may be reasonably required to carry out the provisions and intent of this Agreement or any agreement or document relating hereto or entered into in connection herewith. 14. Modifications. The parties to this Agreement agree that any modifications of this Agreement shall be effective only when made by writings signed by both parties and recorded with the Clerk and Recorder of Pitkin County, Colorado. RECEPTION#: 678911, 07/27/2021 at 10:48:06 AM, Pgs 4 of 5, Janice K. Vos Caudill, Pitkin County, CO Occupancy Covenant Agreement Page 4 of 5 15. Attorney. In the event of any litigation arising hereunder, the substantially prevailing patties shall be entitled to the award of the costs thereof, together with reasonable attorney fees. 16. Automatic Assignment. Upon execution of this Agreement, the rights and obligations of the District shall automatically assigned to and assumed by the Roaring Fork Fire Authority under the terms of the Roaring Fork Fire Authority Creation Agreement, as amended. IN WITNESS HEREOF, the parties hereto have executed this instrument on this date and year above first written. DISTRICT BASALT A C By: Scott T CPM, STATE OF COLORADO COUNTY OF Chief ss. DISTRICT The foregoing instrument was acknowledged before me this /5 day of dt'6- 20V by Scott Thompson, as Fire Chief of the Basalt and Rural Fire Protection District. Witness my hand and official seal. My commission expires: " c)-' _ ;0 JESSICA MCFARLANE NOTARY PUBLIC • STATE OF COLORADO NOTARY ID 20194007121 MY COMMISSION EXPIRES FEB 22, 2023 `— Notary Public" if Wt'ca W 16t RECEPTION#: 678911, 07/27/2021 at 10:48:06 AM, Pgs 5 of 5, Janice K. Vos Caudill, Pitkin County, CO Occupancy Covenant Agreement Page ACCEPTED by the Community Development Director this22ndday of July 2021 pursuant to Pitkin County Board of County Commissioners Ordinance No. 032-2017. s�,�, wok Suzanne Wolff, assistant Director Community Development Department Richard Y. Neiley, Assistant County Attorney